TELECOMMUNICATIONS ACT 1950

The exclusive privilege referred to in subsection (1) shall not extend to a telecommunication, other than a radiocommunication as defined in section 36, contained wholly within a building or part of a building when such telecommunication is owned and operated by a person occupying that building or part of a building for his sole use and interest.

The Minister may grant a licence on such conditions and in consideration of such payments as he thinks fit to any person to establish, maintain or work a telecommunication in any part of Malaysia, and, subject to the approval of the Land Authority, a licence may extend to authorising the licensee to place, lay, carry or maintain any posts, cables or wires for the purpose of the telecommunication on, along, through, under or across any land:

Provided that where it is not proposed to carry any telecommunication line for the purpose of a telecommunication on, along, through, under or across any State land, or in such manner as to cause interference with any private right of any other person the licence may be granted by the telecommunication authority.

3A, 3B..

The petitioner shall prepare a plan of the area or areas over, along or under which the telecommunication line is to be laid and maintained and shall show on the plan the whole of the premises whether built or not which will be affected by the undertaking, and the said plan shall be kept open for public inspection for a period of three weeks after the date of the publication in the Gazette of the notification referred to in subsection (3).

When the plan referred to in subsection (2) has been prepared and is ready for inspection the petitioner shall publish a notification in the Gazette giving notice of the same and of the place where the plan is kept open for public inspection. The petitioner shall also during the said period of three weeks arrange for the notification to be repeated once in the Gazette and twice weekly in at least one English language newspaper and one Malay or Chinese language newspaper. The notification shall be in such form as may be prescribed.

The petitioner shall serve a notice on every owner of property affected by the plan stating that the plan has been prepared and requiring the owner to signify his assent or dissent thereto within one month from the date of the service of the notice.

Any person affected by the plan may within the said period of three weeks or within one month from the date of the service of the notice referred to in subsection (4), whichever date is the later, deliver to the petitioner a written objection to any proposal contained in the plan.

The Minister may, within fourteen days after the receipt of a request from the petitioner or after any person has delivered an objection under subsection (5), appoint a tribunal consisting of not more than six persons (three of whom shall form a quorum) to consider any objection. Each member of the tribunal shall be furnished by the petitioner with a copy of the plan, the notification and the objection.

The tribunal shall meet to consider any objection not earlier than one week nor later than three weeks after its appointment.

The tribunal shall give written notice of the meeting to the petitioner and the objectors. The notice shall be deemed to have been sufficiently given if it is delivered to the last known address of the petitioner and the objectors or left at the property deemed to be affected by the plan and the notification. The petitioner and the objectors may appear at the meeting in person or be represented by a duly authorised agent.

The tribunal shall submit its findings to the Minister in the form of a report within fourteen days after completing the hearing of the objections. One copy each of the plan, the notification and a schedule of the objections in a summary form, which shall record the opinion of the tribunal as to each objection, shall accompany the report.

After considering the report of the tribunal the Minister may approve or reject the plan or he may approve it subject to such conditions and modifications as he thinks fit. The Minister's approval or rejection shall be notified in the Gazette and the notification shall be conclusive evidence that the plan was duly prepared and approved or rejected, as the case may be.

Subject to this section the tribunal shall have power to regulate its own procedure.

Where no objection is lodged within the time specified in subsection (5) or where an objection has been lodged in respect of certain immovable property and not in respect of other immovable property, the Minister may, upon the expiration of the time so specified and subject to the approval of the Land Authority, forthwith grant a licence to the petitioner under section 3 (3) so far as the immovable property in respect of which no objection has been lodged within the specified time is concerned.

take temporary possession of any telecommunication established, maintained or worked by any person licensed under this Act;

withdraw either totally or partially the use of any telecommunication facility or telecommunication plant from any person or class of persons or from the public at large; or

order that any message or class of messages to or from any person or class of persons or relating to any specified subject shall not be transmitted or shall be intercepted or detained, or that any such message or messages or the records thereof shall be disclosed to an officer mentioned in the order.

If any doubt arises as to the existence of a public emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Prime Minister and delivered to the person in charge of the telecommunication shall be conclusive proof on the point.

Regulations made under this section shall be laid before the Dewan Ra'ayat at its first meeting after their publication in the Gazette.

If a resolution of the Dewan Ra'ayat is passed, at the meeting next after the meeting at which the regulations are laid in accordance with sub-section (3), to the effect that any such regulation shall be cancelled as from a specified date, the regulation shall be void as from that date, but without prejudice to the validity of anything done under the regulation prior to the said date.

of any telecommunication officer failing in his duty with respect to the receipt, transmission or delivery of any message; or

of any failure of telecommunication plant.

No telecommunication officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously or fraudulently.

PART IIA

The telecommunication authority shall not exercise the powers conferred by this section except for the purposes of a telecommunication established or maintained by the Government, or to be so established or maintained, or licensed under section 3 (3).

Neither the Government nor the telecommunication authority shall acquire any right other than that of user only in the property under, over, along, across, in or upon which the telecommunication authority places any telecommunication line or post.

Except as hereinafter provided, the telecommunication authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority without the permission of that authority.

In the exercise of the powers conferred by this section, the telecommunication authority shall do as little damage as possible and when it has exercised those powers in respect of any property other than property referred to in subsection (4) shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.

When the telecommunication authority desires to alter the position of any such pipe or drain, it shall give reasonable notice of its intention to do so, specifying the time at which it will begin to do so to the local authority, and when the pipe or drain is not under the control of the local authority to the person under whose control the pipe or drain is.

A local authority or person receiving notice under subsection (2) may send a person to superintend the work, and the telecommunication authority shall execute the work to the reasonable satisfaction of the person so sent.

An appeal from the determination of the officer so appointed shall lie to the Yang di-Pertuan Agong, whose order shall be final.

Provisions applicable to other property

If after the making of an order under subsection (1), any person resists the exercise of those powers, or having control over the property does not give all facilities for their being exercised, he shall be deemed to have committed an offence under section 188 of the Penal Code.

If any dispute arises concerning the sufficiency of the compensation to be paid under section 10 (5), it shall, on application for that purpose by either of the disputing parties to a President or a Magistrate, be determined by him.

If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interested are entitled to share in it, the telecommunication authority may pay in the case of West Malaysia into the Sessions Court and, in the case of East Malaysia into the court of a Magistrate of the First Class for the district such amount as it deems sufficient, or where all the disputing parties have, in writing, admitted the amount tendered to be sufficient, or the amount has been determined under subsection (3), that amount; and the President or Magistrate, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it.

Every determination of a dispute by a President or Magistrate under subsection (3) or (4) shall be final:

Provided that nothing in this subsection shall affect the right of any person to sue for and recover the whole or any part of any compensation paid by the telecommunication authority from the person who has received the same.

The President or Magistrate may, in his discretion, reject the application or make an order, absolute or subject to conditions, for the removal of the telecommunication line/or post to any other part of the property or to a higher or lower level or for the alteration of its form, and the order so made shall be final.

If the telecommunication authority omits to comply with the requisition, the person making it may apply to the President or Magistrate within whose jurisdiction the property is situate to order the removal or alteration.

If compensation has been paid under section 10 (5), he shall, when making the requisition, tender to the telecommunication authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever is the smaller sum.

Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the telecommunication line was placed, erected or installed, the telecommunication authority, may pay to any person interested in the tree such sum as may be agreed by way of compensation; and in default of agreement shall report the matter to the officer charged under the National Land Code, or under any written law corresponding thereto which is in force in any State, with the collection of land revenue

TELECOMMUNICATIONS from the land on which the tree is situate, who after giving an opportunity of being heard to all persons interested, shall award, and if necessary shall apportion, such compensation as he thinks reasonable; and such award shall be final.

In the event of the owner or occupier of any land felling or clearing any tree or vegetation adjacent to any telecommunication line, such owner or occupier shall give to the telecommunication authority notice in writing of his intention so to do and shall take all reasonable precautions as the telecommunication authority may require for the protection of the telecommunication line.

If any such owner or occupier fails to give notice as hereinbefore provided, or having given notice fails to take any such precautions as the telecommunication authority may have required, he shall be liable to pay to the telecommunication authority all costs and expenses incurred in repairing the line and re-establishing communication; and for the purposes of this subsection the certificate of the telecommunication authority as to the costs and expenses incurred shall be conclusive.

If the amount due for costs and expenses be not paid within seven days after demand the telecommunication authority may report the same to a President or a Magistrate and the amount may be recovered in the same way as if it were a fine imposed by the President or Magistrate.

If any trees or vegetation are felled or cleared upon land adjacent to any telecommunication line it shall be presumed until the contrary is proved that the trees or vegetation were felled or cleared by the owner or occupier of the land or by his servants or agents acting as such.

enters a fenced enclosure, building or room of any such telecommunication office in contravention of any rule or notice not to do so;

refuses to quit any such enclosure, building or room on being requested to do so by any telecommunication officer or servant employed therein; or

wilfully obstructs or impedes any suc' officer or servant in the performance of his duty, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred dollars.

to prevent or obstruct the transmission or delivery of any message;

to intercept or to acquaint himself with the contents of any message; or

to commit mischief; or damages, removes, tampers with or touches any telecommunication plant, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three hundred dollars or to imprisonment for a term which may extend to three years or to both.

For the purpose of.

wilfully secretes, makes away with or alters any message or record of any message;

wilfully and otherwise than in obedience to an order of the Minister or of an officer specially authorised by him to make the order, omits to transmit or intercepts or detains any message or any part thereof, or otherwise than in pursuance of his official duty or in obedience to the direction of a competent court, discloses the contents or any part of the contents of any message or record of any message to any person not entitled to receive the same; or

divulges the purport of any message to any person not entitled to become acquainted with the same shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three hundred dollars or to imprisonment for a term which may extend to three years or to both.

In section 161 of the Penal Code the word "Government" shall for the purposes of this Act, be deemed to include a person licensed under this Act.

Subject to regulations made under section 40, nothing in this Part shall prevent any person from making or using electrical apparatus for actuating machinery or for any purpose other than the transmission or reception of messages or other communications whatsoever.

transmitting messages or other communications whatsoever by radiocommunication in Malaysia and receiving messages or other communications whatsoever so transmitted;

transmitting messages or other communications whatsoever by radiocommunication from Malaysia to any place, ship or aircraft outside Malaysia; or

receiving in Malaysia messages or other communications whatsoever transmitted by radiocommunication from any place, ship or aircraft outside Malaysia.

The Minister may fix the rates at which, and the conditions and restrictions subject to which, messages or other communications may be transmitted or received by radiocommunication or delivered after receipt to the person to whom they are addressed.

The Minister may, whenever he deems it expedient to do so, issue to any person who holds a licence under subsection (1) a licence to work any radiocommunication apparatus for all or any of the purposes mentioned in section 36.

The Minister may delegate his power of issuing licences to the telecommunication authority, or to such officer or officers as he thinks fit and may appoint officers for the purpose of carrying into effect the provisions of this Part:

All such officers shall be deemed to be public servants within the meaning of the Penal Code. 37A----

establish any radiocommunication station or instal or work any radiocommunication apparatus in any place in Malaysia or on board any local vessel or local aircraft or in any vehicle; or

offer for sale, sell, or have in his possession with a view to sale radiocommunication apparatus or material, except under and in accordance with a licence granted under this Part;

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Every such licence shall be in such form and for such period as the Minister determines and shall contain such terms, conditions and restrictions, on and subject to which the licence is granted, as the Minister considers desirable in the public interest.

Any person who is in possession of any radiocommunication apparatus intended for transmitting or receiving messages by radiocommunication shall be deemed until the contrary is proved to have worked the same.

The occupier of any dwelling-house or premises in which is installed any radiocommunication apparatus for receiving any messages by radiocommunication in respect of which a licence is not in force shall be guilty of an offence against this Part.

It shall be a defence to a prosecution for an offence against subsection (4) that the occupier was not aware and could not with reasonable diligence have become aware of the existence in the dwelling-house or premises of the radio-communication apparatus in question.

If a Magistrate is satisfied by information on oath that there is reasonable ground for believing that a radiocommunication station has been established or that any radiocommunication apparatus has been installed or worked without a licence in any place in Malaysia or on board any local vessel or local aircraft, he may grant a search warrant to any police officer to enter and inspect the station, place, local vessel or local aircraft and to seize any apparatus which appears to him to be used or intended to be used for radiocommunication therein. In this subsection "Magistrate" means a Magistrate of any class.

A police officer may seize any apparatus which is found by him in any vehicle and which appears to him to be used or intended to be used without a licence for radio-communication therein.

prescribing the fees payable on the grant of any licence;

regulating the working and use of radiocommunication apparatus;

regulating the licensing of dealers in and the sale or transfer of radiocommunication apparatus;

prohibiting or regulating the working or using of any radiocommunication apparatus in any vehicle or on board any vessel, whether local British or foreign, while in the territorial waters of Malaysia;

prohibiting or regulating the working or using of any radiocommunication apparatus on any aircraft, whether local, British or foreign, while in or over Malaysia or the territorial waters thereof; (ga),(gb)--and the payment of fees therefor A4797

examining and issuing certificates of proficiency to operators;

ensuring the secrecy of radiocommunications;

regulating electrical interference with the working or using of any radiocommunication apparatus and prescribing the requirements to be complied with in the case of any apparatus to prevent or reduce such interference;

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prescribing all matters which by this Part are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

No regulations made in respect of the matters described in subsection (1) (f) and (g) shall apply to the use of radiocommunication for the purpose of making or answering signals of distress.

prohibit or regulate such use in all cases or in such cases as may be deemed desirable; or

provide for—

the taking possession of, the control of or the usage for official purposes of all radiocommunication stations and apparatus, and the payment of compensation for any damage caused thereby;

The expression "rent or royalty" in subsection (1) does not include fees charged in respect of the grant or renewal of licences.

424

In the case of a conviction involving a fine the court inflicting the fine may, on the application of the officer conducting the prosecution, direct the payment of any part of the fine not exceeding one half to the person or persons who gave the information leading to the conviction in such proportions as the court deems fit.

'A-A.373|777)