Access Code Draft Ver 1.0 For Public Consultation Dd250908

Access Code v1.
0

2006-2008 Malaysian Access Forum Berhad
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Voluntary Industry Access Code (Version 1.0)
prepared by MAFB and issued for public
consultation

Dated 25 September 2008

Malaysian Access Forum Berhad
No. 22, Jalan BP 6/13
Bandar Bukit Puchong
47120 Puchong, Selangor

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Foreword ............................................................................................................................ 6
Article A Introduction......................................................................................................... 7
Section A.1 Objectives of the Voluntary Access Code .......................................................... 7
Section A.2 Legislative Background ...................................................................................... 7
Section A.3 Commencement Date of Code........................................................................... 8
Section A.4 Scope of Code.................................................................................................... 8
Section A.5 Application of Code............................................................................................. 9
Section A.6 Structure/Contents of the Code.......................................................................... 9
Section A.7 Definitions and Abbreviations ........................................................................... 10
Article B General Principles of Access............................................................................ 17
Section B.1. Standard Access Obligations (SAO) .............................................................. 17
Section B.2 Policies to be maintained by Access Provider.................................................. 18
Section B.3 Procedures for determining & allocating capacity ............................................ 19
Section B.4 Space Reservation ........................................................................................... 20
Article C Categorisation of Access List Items ................................................................. 22
Section C.1 Introduction....................................................................................................... 22
Section C.2 Essential differences between categories ........................................................ 22
Section C.3 Summary of categories..................................................................................... 22
Article D Eligibility Criteria to Request for Access........................................................... 23
Section D.1 Introduction....................................................................................................... 23
Section D.2 Eligibility Criteria ............................................................................................... 23
Article E Request for Access........................................................................................... 24
Section E.1 General ............................................................................................................. 24
Section E.2 Access Information Package............................................................................ 25
Section E.3 Preliminary Request for Access ....................................................................... 25
Section E.4 Official Request for Access .............................................................................. 26
Section E.5 Negotiation of Access Agreement .................................................................... 29
Article F Model Terms General Conditions.................................................................. 31
Section F.1 Application of General Conditions .................................................................... 31
Section F.2 Structure of Access Agreement ........................................................................ 31
Section F.3 Recitals ............................................................................................................. 31
Section F.4 General Conditions........................................................................................... 31
1. Definitions/Rules of Interpretation .................................................................... 32
2. Scope and purpose of access .......................................................................... 34
3. Location, establishment and maintenance of POI/POP................................... 35
4. Third Party Premises ........................................................................................ 35
5. Procedure for determining availability of capacity at POI/POP........................ 35
6. Procedure for allocating capacity amongst Access Seekers............................ 35
7. Definitions/Rules of Interpretation .................................................................... 35
8. Right of Access Seeker to transfer one-off site costs to Subsequent Access
Seeker .............................................................................................................. 37
9. De-commissioning of POI and POP................................................................. 37

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10. Minimisation of impact of decommissioning of POI and POP.......................... 37
11. Calling Line Identification (CLI)......................................................................... 38
12. Guaranteed Minimum Commitment (GMC) ................................................... 39
13. Confirmed Access Orders ................................................................................ 39
14. Service Qualifications ....................................................................................... 43
15. Cancellation and Variation of CAO................................................................... 43
16. Testing and Provisioning .................................................................................. 44
17. Facility Ordering & Infrastructure sharing......................................................... 44
18. Co ordination of migration of customers........................................................... 44
19. Co-location........................................................................................................ 44
20. Network planning Provision of Information.................................................... 46
21. Network Change obligations............................................................................. 46
22. Space Reservations.......................................................................................... 48
23. Network conditioning ........................................................................................ 49
24. Traffic measurement and routing...................................................................... 49
25. System protection and safety ........................................................................... 50
26. Quality of Services & Standards....................................................................... 50
27. Operation & Maintenance and Technical & Implementation responsibilities ... 50
28. Fault Reporting ................................................................................................. 51
29. Planned maintenance notifications................................................................... 52
30. Emergency maintenance.................................................................................. 53
31. Emergency Services......................................................................................... 53
32. Fault Reporting ................................................................................................. 53
33. Relationship management ................................................................................ 54
34. Providing and handling of information .............................................................. 54
35. Billing and settlement........................................................................................ 54
36. Disagreement as to payments.......................................................................... 56
37. Term of agreement ........................................................................................... 57
38. Suspension of Access Services ....................................................................... 58
39. Termination and Cessation............................................................................... 60
40. Force Majeure................................................................................................... 61
41. Dispute resolution............................................................................................. 61
42. Intellectual Property, Confidentiality & Data Protection.................................... 61
43. Assignment ....................................................................................................... 62
44. Modification of agreement in defined circumstances ....................................... 62
45. Cost and expense of preparing agreement ...................................................... 62
46. Changes in Law & Applicable law .................................................................... 62
47. Miscellaneous................................................................................................... 63
48. Special Conditions............................................................................................ 63
Section F.5 Schedules to the Access Agreement................................................................ 63
Article G Model Terms Special Conditions................................................................... 65

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Section G.1 Introduction....................................................................................................... 65
Section G.2: Special Conditions for Fixed Network Origination Service............................... 66
Section G.3: Special Conditions for Equal Access (PSTN) Service...................................... 68
Section G.4: Special Conditions for Fixed Network Termination Service ............................. 69
Section G.5: Special Conditions for Mobile Network Origination Service ............................. 70
Section G.6: Special Conditions for Mobile Network Termination Service............................ 71
Section G.7: Special Conditions for Interconnect Link Service............................................. 72
Section G.8: Special Conditions for Private Circuit Completion Service............................... 72
Section G.9: Special Conditions for Domestic Network Transmission Service..................... 73
Section G.10: Special Conditions for Internet Access Call Origination Service...................... 73
Section G.11: Special Conditions for 3G - 2G Domestic Inter-Operator Roaming Service .... 74
Section G.12: Special Conditions for Inter-Operator Mobile Number Portability Support
Services ............................................................................................................ 75
Section G.13: Special Conditions for Domestic Connectivity to International Service............ 77
Section G.14: Special Conditions for Network Co-location Service........................................ 79
Section G.15: Special Conditions for Digital Subscriber Line Resale Service........................ 79
Section G.16: Special Conditions for Network Signaling Service ........................................... 79
Section G.17: Special Conditions for ANE Services ............................................................... 79
Section G.18: Special Conditions for Internet Interconnection Service................................... 81
Section G.19: Special Conditions for Broadcasting Transmission Service............................. 82
Section G.20: Special Conditions for Digital Terrestrial Broadcasting (DTB) Multiplexing
Service.............................................................................................................. 83
Section G.21: Special Conditions for Infrastructure Sharing................................................... 83
Article H Technical & Implementation and Operations & Maintenance Obligations ....... 85
Section H.1 Introduction....................................................................................................... 85
Article I Dispute Resolution Process ............................................................................. 86
Section I.1 Introduction....................................................................................................... 86
Section I.2 Standard Access Disputes ............................................................................... 86
Section I.3 Specific Access Disputes ................................................................................. 87
Section I.4 Resolution by Inter-Party Working Group......................................................... 87
Section I.5 Resolution by Senior Management .................................................................. 87
Section I.6 Reference to Adjudication ................................................................................ 88
Section I.7 Adjudication Proceedings. ................................................................................ 89
Section I.8 Decision of Adjudicator and Appeal.................................................................. 90
Section I.9 Venue for Adjudication ..................................................................................... 90
Section I.10 Other Related Matters ...................................................................................... 90
Section I.11. Technical Disputes ........................................................................................... 90
Section I.12 Effect................................................................................................................. 91
Article J Standards ......................................................................................................... 92
Section J.1 General ............................................................................................................. 92
Section J.2 Technical Standards......................................................................................... 92
Section J.3 QoS Standards applicable to all forms of access............................................. 92

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Section J.4 QoS Standards Determined by Commission.................................................... 93
Section J.5 Changes to Technical and QoS Standards ...................................................... 94
Article K Costing and Cost Recovery Principles ............................................................. 95
Section K.1 General ............................................................................................................. 95
Section K.2 MCMC Determined Access Prices ................................................................... 96
Section K.3 General Principles in Setting Prices for Non-Regulated Access Services....... 96
Section K.4 One-Off Cost Recovery .................................................................................... 97
Article L. Code Monitoring & Administration.................................................................. 100
Section L.1 Introduction..................................................................................................... 100
Section L.2 Compliance Verification.................................................................................. 100
Section L.3 Departure from Model Terms ......................................................................... 100
Section L.4 Compliance with Access Agreements ............................................................ 101
Section L.5 Implementation Monitoring ............................................................................. 101
Article M Code Clarification ........................................................................................... 103
Section M.1 Clarifications of Code Items............................................................................ 103
Article N Transitional Matters ........................................................................................ 104
Section N.1 General ........................................................................................................... 104
Article P Code Review .................................................................................................. 105
Section P.1 Introduction..................................................................................................... 105
Section P.2 Periodic Review Timing .................................................................................. 105
Section P.3 Specific Review Events .................................................................................. 106
Section P.4 The Code Review Process ............................................................................. 106
Section P.5 Request for Review by Members of MAF....................................................... 107
Appendices ........................................................................................................................ 108
APPENDIX A ........................................................................................................................ 113
APPENDIX B ........................................................................................................................ 111
Form E.3.3 - Preliminary Request for Access ......................................................................... 111
APPENDIX C ........................................................................................................................ 113
Form E.3.4 - Response to Preliminary Request for Access .................................................... 113
APPENDIX D ........................................................................................................................ 115
Form E.4.2 - Official Request for Access ................................................................................ 115
Notes to Form E.4.2 :................................................................................................................ 115
APPENDIX E ........................................................................................................................ 119
Form E.4.3 - Response by Access Provider to Official Request for Access............................ 119
Notes to Form E.4.3:................................................................................................................. 119
APPENDIX F ........................................................................................................................ 122
Form L.2.1 - Code Departure Memorandum........................................................................... 122
Company Stamp: ...................................................................................................................... 123
APPENDIX G ........................................................................................................................ 124
Form M.1.4 - Code Clarification Request ................................................................................ 124
APPENDIX H ........................................................................................................................ 125
Form P.6.1 - Code Review Request ......................................................................................... 125
APPENDIX I ........................................................................................................................ 126

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Foreword

[Chairmans statement on the expectations of the Code ]

It gives me great pleasure to announce the publication of the Access Code by the Malaysian
Access Forum Berhad. The Codes aim is to regulate all matters concerning Access and
interconnect in the Communications industry.
Until the publication of this Code, Access was regulated by the Mandatory Standard on Access
issued by the Malaysian Communications and Multimedia Commission.
Whilst the compliance to the Code is not mandatory, MAF desires that all Code Subjects will apply
this Code and comply with the provisions therein, so that the Code can retain its potency as an
effective self regulatory instrument.
We are in an industry that is technologically evolving at a fast pace, hence we, the members of the
Industry, are best suited to determine how we want to regulate ourselves in keeping with the
changes. The Code is a balanced document that ensures competition is promoted amongst the
players and at the same time the long term interests of consumers are protected.

.
[Name of Chairman]

Dated: 25 September 2008

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Article A Introduction
Section A.1 Objectives of the Voluntary Access Code
A.1.1 Aim of Code. The aim of the Voluntary Access Code (Code) is to provide an
acceptable and workable process to facilitate the provision of Access by Access
Providers in a easy and clear manner to all qualified Access Seekers, and to modify and
remove any ambiguities that may have arisen under the previous interconnect and
access arrangements or under the Mandatory Standard on Access
1
.

A.1.2 Authority to Develop the Code. The Malaysian Access Forum Berhad (MAF) was
designated as the access forum by the Malaysian Communications and Multimedia
Commission (the Commission) on 19
th
March 2003. This Code is developed by the
MAF pursuant to a request by the Commission to prepare a voluntary access code for
the communications industry at a meeting held between the MAF and the Commission
on 26
th
March 2004.

A.1.3 Compliance with the CMA and Policy Objectives. The MAF recognizes that the
Code will only be registered by the Commission if it is consistent with the objects of the
Communications and Multimedia Act 1998 (CMA) and any other relevant instruments
created there under. In addition there is a requirement for the Code to be in line with the
National Policy Objectives
2
for the Communications and Multimedia Industry which,
inter alia, are:
(a) to establish Malaysia as a major global centre and hub for communications and
multimedia information and content services ;
(b) to regulate for the long term benefit of the end user;
(c) to ensure an equitable provision of affordable services over ubiquitous national
infrastructure;
(d) to facilitate the efficient allocation of resources.
(e) to promote a high level of consumer confidence in service delivery from the
Communications Industry

Section A.2 Legislative Background

A.2.1 Access Regime under CMA. Chapter 3 of Part VI of the CMA establishes an access
regime which ensures that all network facilities providers, network service providers,
application service providers and content application service providers can gain access
to network facilities and network services on reasonable terms and conditions.

A.2.2 Mandatory Standard on Access. Following the issuance of the Ministerial Direction to
the Commission to Determine a Mandatory Standard on Access (MSA), the MCMC
issued the Mandatory Standard on Access (MSA) as Commission Determination No. 1
of 2003 on 14 August 2003 which has now been superseded by a new MSA
3
. The MSA
addresses processes and requirements for providing and obtaining access to network
facilities and network services that are set out in the Access List
3
in accordance with the
objects of the CMA and in line with the national policy objectives.

1
See Paragraph A.2.2 ante.
2
Section 3(2) CMA 1998
3
Commission Determination No. 2 of 2005

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A.2.3 Access List. Pursuant to its powers under Section 145 of the CMA, the Commission
determined a list of facilities and services to be included in the Access List in order that
Access Providers may provide network facilities, network services and other facilities
and/or services which facilitate the provision of network services, application service
including content application service to Access Seekers.

A.2.4 General Access Regime. The MAF has been tasked to prepare the Code which when
registered by the Commission, will form part of the CMA access regime which will
comprise of:
(a) This Access Code;
(b) Commission Determination on the Mandatory Standard on Access Pricing
4
and any
amendments thereto;
(c) Access List as issued from time to time by the Commission;
(d) Access Agreements negotiated in accordance with the Standard Access
Obligations
5
and registered by the Commission;
(e) Access Undertakings
6
, if any registered by the Commission;
(f) Subject to article N, the MSA until such time as the MSA is suspended or revoked.

Section A.3 Commencement Date of Code

A.3.1 The Code shall come into force upon the date when it is registered by the Commission.
The MAF shall notify its members in writing upon obtaining such registration and publish
the Code on its website.

Section A.4 Scope of Code

A.4.1 Mandatory Requirement to provide Access under SAO
7
. Access Providers have to
note the obligation placed on them by the Standard Access Obligations
8
(SAO), which
makes the provision of Access to network facilities and network services in the Access
List mandatory, contravention of which may invite a RM 500,000 fine or imprisonment
for a term not exceeding 5 years.

A.4.2 Access List Items. The Code only deals with Access to network facilities and network
services included in the Access List. Network facilities or services not on the Access
List are not within the purview of the Code and parties are free to negotiate the terms of
such access. However it is recommended that parties adopt the Code in lieu of drawing
up their own access agreements.
A.4.3 New Access List Items. As and when new items are added to or removed from the
Access List, the MAF will ensure that the Code (where required) and the Model Terms
relating to such Access List items are modified or developed for the Code as part of the
Code Review process outlined in Article N.

4
Commission Determination No 1 of 2003
5
Section 149 CMA 1998
6
7
See ante Subsection B.1.1
8

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A.4.4 Code Subjects. Subject to Article A.5.1, Any person who is a Licensee (as defined in
the CMA) and who acts in one or more of the following capacities will be subject to the
Code:
(a) network facilities providers, in their capacity as Access Providers or Access
Seekers ;
(b) network service providers, in their capacity as Access Providers or Access
Seekers ;
(c) applications service providers in their capacity as Access Seekers ;
(d) content applications service providers in their capacity as Access Seekers ;

All members of MAFB by executing the Accession Document in Appendix I voluntarily
accede to and agree to abide by the terms of the Code. Should it be necessary, MAFB
shall request the Commission to direct non-members of MAFB, who are licensees, to
comply with the Code.

A.4.5 Equitable Treatment. Consistent with the approach of the access regime established
by the CMA, the Code confers the same rights and applies the same obligations on
persons listed above, and as between a particular class of persons (e.g. NFPs or ASPs),
making no distinction between large or small providers or between established
providers and those who are new entrants.

Section A.5 Application of Code

A.5.1 Voluntary Compliance with the Code
9
. Compliance with the Code is not mandatory.
However, all members of the MAF shall adhere to and commit to apply the Code to its
fullest extent possible on all matters relating to access to any of the items listed in the
Access List.

A.5.2 Ascension to Code by Members . Current and new Members are required to sign the
ascension document attached as Appendix I stating that they accede to the Code and
agree to apply the Code in all Access arrangements.

A.5.3 Code Departures. Members are at liberty to depart from the Code provisions, subject
to compliance with the departure process set out in Article L.2.1 of this Code by
submitting a Code Departure Memorandum to the MAFB.

A.5.4 Default Terms. The Model Terms will, by default, become the terms of an Access
Agreement in the absence of any agreement between the Parties to the contrary.

Section A.6 Structure/Contents of the Code

A.6.1 Code Structure. The Code is divided into
(a) Major Articles of the Code, described as Articles (e.g. Article 1: Introduction);
(b) Sections within each Article, described as Sections (e.g. Section A.6
Structure of Code);
(c) Parts within each sections, described as Subsections (e.g. subsection A.6.2 -
Code Structure)
(d) Paragraphs within each subsection, described as Paragraphs (e.g. paragraph
A.6.2(a)

9
Section 98 of the CMA 1998

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A.6.2 Contents of the Code. The Articles set out in the Code deal with the following matters:
(a) Article A (Introduction) deals with the structure, scope and application of the
Code.
(b) Article B (General Principles of Access) sets out the general access principles
under the SAO.
(c) Article C (Categorisation of Access List Items) deals with the categorisation of
access services into sharing of facilities and network services and their sub-
categories.
(d) Article D (Eligibility Criteria) sets out the eligibility criteria of licensees to make
the access request.
(e) Article E (Request for Access) deals with all matters relating to making a request
and negotiation for access.
(f) Article F (Model Terms General Conditions) sets out the general terms and
conditions of an access agreement that will apply to all types of access services.
(g) Article G (Model Terms Special Conditions) sets out the specific terms and
conditions of an access agreement that will apply to particular types of access
services.
(h) Article H (T&I and O&M Obligations) deals with the obligations of the parties
with regard to T&I and O&M matters. The actual processes and procedures will be
dealt with in the T&I and O&M manuals prepared by each operator.
(i) Article I (Dispute Resolution) deals with procedures to manage all disputes
arising before and after an access agreement is signed.
(j) Article J (Standards & QoS) deals with the various technical standards
applicable to access provision including reference to the QoS levels published by
the Commission.
(k) Article K (Cost Recovery Principles) sets out the general principles to recover
for items not covered in the MS (Pricing).
(l) Article L (Code Administration & Monitoring) deals with matters of with the
Code including departures and compliance monitoring.
(m) Article M (Code Clarification) deals with the role of MAFB in interpreting and
clarifying the Code provisions.
(n) Article N (Transitional Matters) sets out the status of Access Agreements and
MSA after Code is registered.
(o) Article P (Code Review) sets out the Code review process.

A.6.3 Single Access Agreement. The Code is structured in such a manner that access to
one or more Access Services by an Access Seeker may be the subject matter of a
single omnibus Access Agreement. Each new Access Service negotiated by the Parties
may be added to the Access Agreement as a schedule thereto, which will incorporate
the relevant Special Conditions applicable to that Access Service.

A.6.4 Multiple Access Agreements. Notwithstanding Article A.6.3, the Parties to an Access
arrangement may enter into separate Access Agreements for each of the Access
Service on the Access List.

A.6.5 Bilateral Access Agreements. Where the parties to an Access Agreement are both
Access Seekers and Access Providers to each other, then for the purposes of the same
Access Agreement, the parties shall provide for reciprocal provisions addressing the
General and Special Conditions in the Access Agreement unless otherwise agreed.

Section A.7 Definitions and Abbreviations

A.7.1 Introduction. The following words and abbreviations used in the Code shall have the
prescribed meaning, when the context otherwise requires.

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A.7.2 Definitions & Interpretation. The following words have these meanings in this Code
unless the contrary intention appears:-

Access means access to a facility or service listed in the Access List .

Act or CMA means the Communications and Multimedia Act 1998 and any
amendments thereto.

Access Agreement means an agreement entered into between Operators whereby
the Access Provider provides access to an Access Seeker in accordance with the
terms contained in such agreement and which shall be registered with the Commission
in accordance with the Act.

Access Information Package will have the meaning as set out in Section E.2 of the
Code.

Access List means the list of Facilities or Services determined by the Commission
under Chapter 3 of Part VI of the Act. The Latest Access List is Commission
Determination on Access List, Determination No. 1 of 2005.

Access List Determination means the Commission Determination on Access List
Determination No. 1 of 2005.

Access Reference Document or ARD means a document containing the terms
and conditions for seeking and obtaining access published by a Licensee who is an
Access Provider pursuant to the Mandatory Standard on Access
10
;

Access Provider or AP means:
(a) network facilities provider who owns or provides network facilities listed in the
Access List ; or
(b) network service provider who provides network services listed in the Access
List ; and
(c) who is a licensee as defined in the CMA and incudes includes a holder of a
registered licence under Section 278 of the CMA. ;

Access Request means a request for Access made by an Access Seeker under
Article E of the Code.

Access Seeker or AS means a network facilities provider, network service
provider, an applications service provider or a content applications service provider
who is a licensee as defined in the Act and who makes a written request for access for
any of the Access Services. .

Access Seekers Network means a network which facilitates and/or services are
owned, operated or used by an Access Seeker and includes network facilities owned
by third parties (other than the Access Provider).

Access Service(s) means the facilities and/or services that are set out in the Access
List that are provided by the Access Provider to the Access Seeker pursuant to a
Request for Access.

Access to Network Elements or ANE means Full Access Service, Line Sharing
Service, Bitsreaming Services and Sub-loop Service;

10
Commission Determination No. 2 of 2005

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Business Day means a day other than a Saturday and Sunday or a day which is
lawfully observed as a national public holiday on the same day around Malaysia, when
the banks are open for business in the Federal Territory of Kuala Lumpur.

Call Communication means a Communication from or to, or involving (in whole or in
part) a number used in the operation of an Operators network including message
communications.

Calling Party means a Customer who originates a Call Communication or, where
applicable, the Customer who is billed or is obliged to pay for the Call Communication
or, in the case of an International Inbound Call, the person originating the Call
Communication.

Capacity Allocation Policy has the meaning set out in sub-section B.3 of the Code;

Charges or Access Charges means the sums payable by the Access Seeker to the
Access Provider for the provision of the Access Services.

Closed Number Area means a set of digit(s) beginning with the trunk prefix 0 which
forms the first part of a national number, and which indicates the defined geographical
area within Malaysia where the Customers fixed number is located provided always
that 09 in the states of Pahang, Terengganu and Kelantan will be treated as one
closed number area, 082 to 086 in the state of Sarawak will be treated as one closed
number area and 087 to 089 in the state of Sabah will be treated as one closed
number area.

CLI means calling line identification.

Code Subjects shall have the meaning set out in Sub-section A.4.4 of the Code.

Commencement Date means the date on which the Code is registered by the
Commission.

Commission or MCMC means the Malaysian Communications and Multimedia
Commission established under the Malaysian Communications and Multimedia
Commission Act 1998.

Communication(s) means any communication, whether between persons and
persons, things and things, or persons or things in the form of sound, data, text, visual
images, signals, or any other form or any combination of those forms. .

Confidentiality Agreement means a confidential agreement entered into between an
Access Provider and an Access Seeker in accordance with Section E.1 of the Code.

Customer means in relation to an Operator, a person having a contractual
relationship with the Operator for the provision of Communications Services.

Dispute Resolution or Dispute Resolutions Process means the process set out
in Article I of the Code;

DSL means Digital Subscriber Line;

Due Date means, in respect of an invoice, thirty (30) days from the date of receipt of
an invoice.

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Departure Memorandum means the form in Appendix F to this code to be submitted
pursuant to Section 5.F.1 and L.2.1 of the Code.

Effective Date means the date on which the Access Agreement is duly registered
with the Commission.

Equipment means any equipment (whether hardware or software), or device which
is part of or within the Network.

Facilities means network facilities and/or other facilities which facilitates the provision
of network services or applications services including content applications services..

Far end Handover means the delivery of calls to a POI within the same Closed
Number Area where the call is to be terminated, and in the case of a Mobile Network,
the delivery of calls to a POI nearest to the location of the called number as requested
by the Access Seeker or as mutually agreed between the Access Provider and the
Access Seeker;

Fixed Access Lines means the lines permitting the Customer to connect to the
Access Providers network facilities for the purposes of the Equal Access (PSTN)
Service;

Fixed Network means network facilities and/or network services comprising the
public switched telephone network and/or networks based on Internet Protocols for the
provision of communications by guided electromagnetic energy or by point-to-point
unguided electromagnetic energy.

Force Majeure means an event or circumstance beyond the reasonable control of
an Operator which affects the ability to perform its obligations under this Code or under
an Access Agreement, includes natural disasters, riots, war, civil disorder, court orders,
acts or regulations of governmental agencies (including the Commission), labour
disputes, failures or fluctuations in electricity supply or third party telecommunications
equipment or lines for which either party has no control over (including such third
partys equipment failure). .

HDF means Handover Distribution Frame;

Home Area means the defined geographical area within Malaysia where the
customers Mobile Number is located according to the cellular mobile network
operators respective numbering plan. For clarification purposes, such area are the
Central, Northern, Southern, Eastern, Sabah and Sarawak regions.

Intellectual Property means all rights conferred under statute, common law and
equity in and in relation to trade marks, trade names, logos and get up, inventions,
patents, designs, copyright, circuit layouts, Confidential Information, know-how and
trade secrets and all rights and interests in them or licenses to use any of them.

Integrated Services Digital Network or ISDN means an integrated service
Network that provides digital connection between user-Network interfaces in
accordance with the relevant ITU recommendations.

Interconnection is interconnection between the Access Seekers Network to the
Access Providers Network (or vice versa), for the purposes of the Access Provider
providing Access Services to the Access Seeker via a POI and using agreed interfaces
and signaling systems.

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Interconnection Link means a physical link connecting the network of the Access
Providers and the Access Seekers Network;

Internet means the international network of digital networks utilizing the TCP/IP suite
of communications protocols of which an Operators Internet Access Services form part
thereof.

ITU-T means the Telecommunications Standardisation sector of the International
Telecommunications Union (previously known as CCITT).

Licence means a license granted by the Minister pursuant to the Act.

Line Activation means the network capability necessary to permit the Customer of
one Operator to utilize the Equal Access (PSTN) Service of another Operator.

Malaysian Access Forum Berhad or MAFB means the voluntary industry access
forum designated by the MCMC on 19 March 2003, and tasked to develop this Code.

Mandatory Standard on Access or MSA means the standard on access issued
by the MCMC through the Commission Determination No. 2 of 2005.

MCMC has the same meaning as the Commission.

Manuals means the Technical and Implementation Manual, the Operations and
Maintenance Manual and other manuals which the Operators establish pursuant to the
Access Agreement.

MDF means Main Distribution Frame.

Members means the members of the MAFB.

Minister means the Minister in charge of communications.

Mobile Network means the network facilities and/or network services comprising the
public cellular mobile network and/or the public mobile radio network, for the provision
of Communications.

MSISDN means Mobile Station International ISDN.

Near end Handover means the delivery of calls to a POI within the same Closed
Number Area where the calling number is registered, and in the case of a Mobile
Network, the delivery of calls to a POI nearest to the location of the calling number as
requested by the Access Seeker or as mutually agreed between the Access Provider
and the Access Seeker.

Network means network facilities and/or network services comprising a system, or
series of systems within Malaysia, that carries or is capable of carrying communications
by means of guided or unguided electromagnetic energy or both, and in relation to an
Operator, means so much of the network as is owned or operated by the Operator.

Network Conditioning means the conditioning, equipping and installation of
Equipment in the Access Providers Network to enable the provision of Services.

O & T Service means an origination and terminating service with respect to fixed
and mobile networks listed in the Access List.

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Operations and Maintenance Manual or O&M Manual means the manual
containing operational and maintenance processes, procedures and practices,
developed by each Access Provider which forms part of the Access Agreement, in
relation to but not limited to the following:
(a) network information;
(b) maintenance practices;
(c) fault handling procedures;
(d) complaint handling process;
(e) network monitoring;
(f) network management;
(g) access to POI sites;
(h) contact lists;
(i) service level guarantees ;
(j) such other matters as are agreed between an Access Provider and an Access
Seeker from time to time and set out in the O & M Manual.

Operator(s) means either the Access Provider or the Access Seeker or both as the
context requires;

Point of Interconnection or POI means a point at or between tandem switch(es)
which demarcates the Network of The Access Provider and the Network of the Access
Seeker (collectively referred to as the interconnecting networks) and is a point at
which a call Communication is transferred between the interconnecting networks.

Point of Interface has the same meaning as Point of Interconnection..

Point of Presence or POP means a point at which an Access Seeker has
established itself for the purposes of obtaining access to network facilities or network
services and is the point at which a Call Communication is transferred between the
Operators.

PSTN or Public Switched Telephone Network means a telephone network
accessible by the public providing circuit switching an transmission facilities utilising
analogue and/or digital technologies.

Standard means this Mandatory Standard on Access or the MSA.

Technical and Implementation Manual means the manual containing technical
and implementation processes, procedures and practices developed by each Access
Provider which forms part of the Access Agreement, in relation to but not limited to the
following:
(a) principles for network configuration;
(b) ordering procedures;
(c) provisioning procedures;
(d) routing and numbering principles;
(e) routing of Equal Access Calls and other technical and administrative issues
associated with the implementation of Equal Access Services.
(f) signalling plan ;
(g) transmission plan
(h) Network Conditioning procedures
(i) billing procedures;
(j) call processing;
(k) call forwarding procedures;
(l) POI establishment procedures;

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(m) relocation and removal procedures for POI equipment;
(n) commissioning, de-commissioning and re-arrangement practices
(o) such other matters as are agreed between the Operators from time to time and
set out in the Technical and Implementation Manual.

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Article B General Principles of Access
Section B.1. Standard Access Obligations (SAO)
B.1.1 Standard Access Obligations.
11
Subject to such exemptions as may be determined by
the Minister, all network facilities providers and network service providers shall provide
access to their network facilities or network services listed in the Access List on
reasonable terms and conditions to any:
(a) network facilities provider ;
(b) network service provider ;
(c) applications service provider ; or
(d) content applications service provider.

B.1.2 Reasonableness of Access Request. An Access Provider may refuse a request for
access if:
(a) provision of the relevant Access Service would not be reasonable if one or
more of the criteria set out in Section E.4.5 are satisfied.
(b) provision of the relevant Access Service would be reasonable but the terms and
conditions requested by the Access Seeker are not reasonable.

B.1.3 Reasonableness and Model Terms. An Access Provider may not refuse a request for
access if provision of the relevant Access Services would be reasonable and the terms
and conditions requested by the Access Seeker are based on the Model Terms.

B.1.4 Non-discrimination. The access provided by an Access Provider to any of the Access
List items must be:
(a) of at least the same or more favourable technical standard or quality as the
technical standard and quality provided on the Access Providers network
facilities or network services ; and
(b) on equitable and non-discriminatory basis.

B.1.5 Meaning of non-discriminatory. For the purposes of this Code, the term non-
discriminatory requires comparison of:
(a) the basis on which a thing is provided by the Access Provider to an Access
Seeker ; with
(b) the basis on which that thing is provided by the Access Provider to itself and to
other Access Seekers who are similarly situated.

B.1.6 Examples of the application of the non-discriminatory principle. The non-
discriminatory principle enunciated in the CMA
12
shall apply but not limited to the
following scenarios:
(a) acceptance or refusal of access requests;
(b) processing of applications for access
(c) provisioning of network services and network facilities ;
(d) allocation of capacity in accordance with the various policies;
(e) fault reporting and fault rectification;
(f) network conditioning;
(g) allocation of physical space at Access Providers premises;

11
12
Section 149(2) CMA 1998

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B.1.7 Customer Relationship Principles.

B.1.7.1 The following are the applicable customer relationship principle:-
(a) the same person may be a Customer of more than one Operator:-
(i) in respect of the same or different services provided by
different Operators; or
(ii) because the Customer is directly connected to one Operators
Facilities but utilizes services provided by another Operator;
and
(b) each Operator will be responsible for billing its own Customers, unless
otherwise agreed in writing by the Operators. Such an agreement may
include, but is not limited to the following:-
(i) the Access Provider billing on behalf of the Access Seeker; or
(ii) the Access Provider, in its own right, bills the Customer of the
Access Seeker and makes a separate payment to the Access
Seeker.
(c) the supply by an Operator to another Operator, which the latter
Operator then utilizes in providing Services to its Customers, does not
mean that those customers are the Customers of the first mentioned
Operator.

B.1.7.2 Unless otherwise specifically agreed and identified in an Access Agreement,
the principle of non-discrimination also means that an Access Provider will treat
the services to its own Customers and Customers of the Access Seeker who
are supplied with similar services on a non-discriminatory basis as regards:
(a) to the extent technically feasible, the transparency, from the
Customers perspective, of Call Communication and other services
carried across the Access Providers Network;
(b) the standard and quality of Services which the Access Provider
supplies to Customers of the Access Seeker, whenever those services
are associated with or incidental to the supply of Communications
Services by the Access Seeker; and
(c) where applicable, the ability of the Customers of the Access Seeker to
choose to originate Equal Access Calls which are routed by the
Network of the Access Provider.

Section B.2 Policies to be maintained by Access Provider

B.2.1 All Access Providers shall develop, maintain and update, the following policies in order
to ensure that all Parties who are provided with Access Services including the Access
Provider, shall be treated fairly and without discrimination.

B.2.2 Queuing Policy.
(a) The Queuing Policy shall enable the provision of Access Services in
accordance with a stated queue or order of priority by the Access
Provider to avoid bias or preferential treatment. The Queuing Policy of
each Access Provider shall be published within 90 days from the date of
registration of the Code.
(b) The queuing policy shall set out how an Access Provider will deal with
multiple requests for Access Services by Access Seekers, including that
of its own needs.
(c) The queuing policy shall be non-discriminatory and based on a first-
come first-served basis. The Access Provider itself shall also be subject

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to the same queue system and must register its own requests in the
same queuing register .
(d) The Access Provider shall notify all Access Seekers of their respective
positions in the queue from time to time or upon request by any Access
Seeker who has made an Access Request.

B.2.3 Capacity Allocation Policy: The Capacity Allocation Policy shall:
(a) shall set out the principles in accordance with which the Access Provider shall
determine how to allocate capacity between itself (including its related bodies
corporate who are Licensees under the CMA) and other Access Seekers;
(b) shall
i. be fair and reasonable;
ii. be consistent, so far as practicable, with the Access Providers general
duty of non-discrimination in accordance with subsection 149(2) of the
CMA and Subsection B.1.4 of the Code;
iii. treat the requirements of all Access Seekers on an equivalent basis to
the Access Providers own requirements; and

iv. Subject to the Queuing Policy, allocate to the Access Seekers
and to itself, the available capacity in the relevant network
services and/or network facilities in accordance with the basis
set out therein.

B.2.4 Publishing of Policies. The Queuing and Capacity Allocation policies that are
developed by each Access Provider shall be published on their web site clearly marked
and easily discoverable under the heading of Access & Interconnection. This will
enable transparency in the dealings by the Access Provider with all the Access Seekers.
The publication shall be undertaken within 90 days from the date of registration of the
Code or within 90 days of a licensor obtaining either a network facility a network service
provider license (whichever is applicable).

B.2.5 Compliance with Policies. All Access Providers shall comply with their respective
published Queuing Policy and Capacity Allocation Policy

B.2.6 Purpose. The purpose of the development, publication and compliance with the
Queuing Policy and the Capacity Allocation Policy is to ensure that matters such as
queues and allocations of capacity are undertaken and performed in a clear,
transparent and non-discriminatory manner and protect Access Providers from
allegations of impropriety, particularly Access Providers who have been declared
dominant by the Commission.

Section B.3 Procedures for determining & allocating capacity
The following procedures shall be applicable in determining and allocating capacity between
several Access Seekers (including the Access Provider) of limited available capacity of a given
Access Service where the Access Provider has not developed its own Capacity Allocation
Policy.

B.3.1 Procedures for determining available capacity
The determining of Access Providers available capacity shall be undertaken by
applying the following steps -
Step 1: Determine at the relevant points in the network the traffic carrying
capacity (for example, in Megabits per second) of the existing installed equipment
Step 2: Add the additional planned capacity for any given point in time.

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Step 3: Deduct the capacity currently dedicated to all operators (the Access
Provider and all supplied Access Seekers)
Step 4: Deduct the additional capacity planned to be dedicated to Access
Providers for any given point in time.
Step 5: The resultant capacity will be the available capacity for any given point in
time. This capacity figure may be a negative figure, indicating a shortage of
capacity at any given point in time.

B.3.2 Procedures for allocating capacity amongst Access Seekers
Capacity shall be allocated amongst multiple Access Seekers who have made Official
Request for Access and for which the Access Provider needs to allocate the available
capacity amongst these Access Seekers in a fair, equitable and non-discriminatory
manner, then the Access Provider shall do so in accordance with the following rule:

The Access Provider shall allocate the available capacity between the Access Seekers
using the following formulas:

AS(i) = (RCF(i) / RCF (i - n))* AC
Where AS(i) = Access Seeker No. (i)
RCF(i) = Required Capacity Forecast by Access Seeker (i)
RCF (i - n) = Required Capacity Forecast by all Access Seekers
AC = Available Capacity as determined under Subsection
B.3.1
AC = TEC - (CA - RCN)
Where AC = Capacity Available for allocation
TEC = Total Equipped Capacity (at the POI)
CA = Capacity Allocated (to all Access Seekers)
RCN = Reduced Capacity Needed as forecast by individual
Access Seekers
(a) Where the relevant capacity is physical capacity at or on a facility, including space on
the towers and associated tower sites of the Access Provider, available capacity shall
be allocated between Access Seekers on the basis of the order in which applications
have been lodged. For this purpose the Access Provider shall maintain a register of
applications showing the time and date on which applications were received. Also for
this purpose, future usage of space or physical capacity at or on a facility by the
Access Provider shall be subject to the same application and application registration
procedures that apply to Access Seekers.

Section B.4 Space Reservation

B.4.1 Register of Space Reservation. Access Providers shall maintain a register of the
reservation of unused space at its various operational buildings and facilities, including
its towers and associated tower sites. This register will be completed on the basis that
requests for access shall be registered and be met in accordance with the Queuing
Policy, subject to technical feasibility. Access Providers shall treat its own future needs
for additional space in these buildings and facilities on the same basis as requests for
access from the Access Seekers.

B.4.2 Reservation of space: The Access Provider shall not reserve space other than for its
own current needs, its future needs, (calculated by use of a reasonably projected rate
of growth over 2 years) and the needs of the Access Seekers who are currently
occupying or have ordered space from that Access Provider.

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B.4.3 Access Providers shall develop and publish a methodology by which unused space
within its various operational buildings and facilities, including its towers and associated
tower sites are to be reserved by both itself and all Access Seekers. Access Providers
shall apply such methodology on non-discriminatory and fair manner.

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Article C Categorisation of Access List Items
Section C.1 Introduction
C.1.1 The purpose of this Article C is to categorise the various Access List items in such a
manner that will assist in:
(a) describing the nature of the obligations of Access Providers in the provision of
access;
(b) describing the nature of the entitlement of Access Seekers in receiving access;
and
(c) structuring such special conditions in access agreements as may be applicable
to the relevant Access Services under each category set out below. The form
of categorisation enables the grouping of similar conditions applicable to
Access Services classed as conveyance of traffic and those classed as
facilities.

Section C.2 Essential differences between categories

C.2.1 The Access Services on the Access List may be broadly categorised into (i)
conveyance of traffic (essentially network services), and (ii) provision or sharing of
facilities
(a) Conveyance of traffic. Access Services that are Network Services involve the
conveyance of traffic by an Access Provider for an Access Seeker. This
conveyance may take the form of completing calls or the form of provision of
nominated transmission capacity between network points. The entitlements of
Access Seekers are not in any sense contingent or limited by scarcity value.
(b) Provision or sharing of network or other facilities. Access Services that are
in the facilities category involve the provision or sharing of network or other
facilities. The facilities may take the form of network elements, such as local
loops, or may be platforms and civil works which house and/or support network
elements, such as ducts, towers and exchange buildings. The entitlements of
Access Seekers are determined by the availability of the resources and facilities
involved, and will be contingent because of scarcity. Access Seekers requests
for access will need to be prioritised in accordance with the Queuing Policy and
Capacity Allocation Policy because of such scarcity.

C.2.2 Ancillary Services. In addition to the above, both categories of Access Services can
involve the provision of ancillary services, such as the provision of data to enable
customer billing, or the provision of escort and security services at the Access
Providers premises. These are not Access Services in themselves, and do not appear
on the Access List. Nevertheless they are important ancillary services that may be
required to ensure that the provision of the primary Access Service is effective. The
pricing of these Ancillary Services are set out in Article K.2.4 (post)

Section C.3 Summary of categories

The categorisation of the Access Services, based on the aforementioned description is set out
in Appendix A to this Code.

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Article D Eligibility Criteria to Request for Access
Section D.1 Introduction
D.1.1 This section sets out the eligibility criteria for licensees who desire to request for Access
Services.

Section D.2 Eligibility Criteria

D.2.1 Eligibility under Standard Access Obligations
13
. The SAO provides the starting point for
determining the eligibility criteria for an applicant who is seeking access to network facilities and
network services. Section 149 CMA 1998 provides that:
a network facilities provider and a network service provider shall provide access to their
network facilities and network services listed in the Access List to any other
(a) network facilities provider ; or
(b) network service provider ; or
(c) applications service provider ; or
(d) content applications service provider,
who makes a written request to such network facilities provider or network services provider on
reasonable terms and conditions.
For the avoidance of doubt, all Licensees including ASPs shall be entitled to seek Access to
any of the Access List items, in accordance with Section 149 of the CMA
14
.

D.2.2 Limitations in Access Seekers Licence. An Access Seeker is not eligible to request for
Access Services listed in the Access List from an Access Provider where the requested Access
Services are to be used in connection with an activity or activities for which the Access Seeker
is not licensed to provide.

D.2.3 Access Pricing. Subject to Article K, the Code does not set out the prices which an Access
Provider may charge for any of the Access Services. Parties to an Access Agreement shall
apply (i) the MCMC mandated access prices for specific Access Services
15
or (ii) negotiated
access prices based on the cost recovery principles set out in Article K.

13
14
See Public Inquiry report on expansion of Access List dated 27 May 2005 (see Section 6.1.2 (c) page 42)
15
Mandatory Standard on Access Pricing (No. 1 of 2006) w.e.f 15 February 2006

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Article E Request for Access
Section E.1 General
E.1.1 This Article provides a streamlined process for an Access Seeker to request for access for any
of the Access List items. The process is outlined in Figure E.1.1 below.

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Section E.2 Access Information Package

E.2.1 Each Access Provider shall maintain an Access Information Package (AIP) that contains the
information set out in Sub-section E.2.3 below. The rationale for maintaining an AIP is to
facilitate a quick assessment by Access Seekers of the Access Providers capabilities to provide
the different access services. The AIP is intended to replace the ARD published by Access
Providers. The AIP must be made publicly available on the home-page of the Access Providers
web site under the heading of Access & Interconnection Access Information package.

E.2.2 An AIP shall be published by all Access Providers within 90 days of the Code being registered
by the Commission, within 90 days of a Licensee becoming an Access Provider or within 90
days of a facility or service being included in the Access List. All Access Providers shall update
the information in their respective AIPs, at least once every 6 months or whenever there are
material changes to any of the items in the AIP, to ensure that the information stated in the AIP
remains current and valid.

E.2.3 Contents of the Access Information Package:
(a) The name and address of the Access Provider and contact details of its relevant officer,
position and the department involved in evaluating and negotiating access ;
(b) Details of the Access List items which the Access Provider is able to offer access to
including the capacity available for each of the Access List items. If capacity is currently
not available for any of the Access List item, state when such capacity will become
available;
(c) Geographical name of the location (e.g. Subang Jaya) and the applicable postcode (e.g.
47500) in respect of:
(i) points of interconnection (POI) and points of presence (PoP);
(ii) co-location places (including virtual co-location places);
(iii) infrastructure facilities where space or capacity is available.
(d) A draft non-disclosure agreement that is required to be executed by the Access Seeker
and submitted when making a preliminary request for access.
(e) Details of the types of Insurance Policies that are required to be maintained by the
Access Seeker.
(f) A declaration by the Access Provider that access can be granted if the Access Seeker
is prepared to accept the model terms for the access agreement as set out in Articles F
and G of the Code.
(g) A list of information in addition to the prescribed information in Subsection E.4.2 which
an Access Seeker must supply to the Access Provider.
(h) The date of issuance of the AIP and a statement by the Access Provider that the
contents of the AIP is correct and true as at the issue date.

Section E.3 Preliminary Request for Access

E.3.1 Subject to sub-section E.3.2, an Access Seeker may submit a Preliminary Request for Access
to the Access Provider to enable the Access Provider to make:

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(a) a quick assessment as to whether capacity or space is available for providing the
Access List service at the time and in the quantities at the places requested, and
(b) a quick determination for facilitating negotiation on alternatives in relation to time, place
and capacity, if access is not available as initially requested by the Access Seeker.

E.3.2 The Access Seeker may, at its discretion, dispense with a Preliminary Request for Access
process and submit an Official Request for Access according to Section E.4 below. In such
case, the Access Provider may rely on the additional grounds for rejection set out in Section
E.4.5.2.

E.3.3 A Preliminary Request for Access shall be in the format of Form E.3.3 as set out in Appendix B
and shall be made in good faith by the Access Seeker. All access requests shall be
accompanied with a processing fee in the amount of Ringgit Malaysia Three Hundred (RM300)
only. The processing fee shall be refunded in the event the Preliminary Request for Access is
rejected by the Access Provider for whatever reason. In all other cases the processing fee will
be non-refundable.

E.3.4 The Access Provider shall deliver its Response to a Preliminary Request for Access within 15
business days of receiving the Request, using Form E.3.4 as set out in Appendix C. The
response requires that the Access Provider to state:
(a) whether it is able to meet the request of the Access Seeker at the location, time and
quantities requested.
(b) If the capacity or space cannot be made available at the place, in the time, and in the
quantities requested, the Access Providers response shall also contain details of
when this can be achieved.
(c) If the capacity or space cannot be made available at all at the place, in the quantities
requested, the Access Provider shall provide details of alternative locations where
such capacity or space can be made available.

E.3.5 A non-response or a response not in accordance with Form E.3.4 and Subsection E.3.4 by an
Access Provider, shall be deemed a rejection of the Preliminary Request, which entitles the
Access Seeker to refer the matter to Adjudication as set out in Section I.6 of Article I to this
Code.

E.3.6 A response by an Access Provider to the Preliminary Request for Access, shall be binding on
the Access Provider for a period of 20 days from the date of the response. Thereafter, the
Access Seeker may not rely on the response, and the Access Provider shall not be obliged to
provide access as set out in its response.

Section E.4 Official Request for Access

E.4.1 Once the Access Seeker has received a response from the Access Provider stating its ability to
meet the Preliminary Request for Access, the Access Seeker shall, within 20 days of receipt of
the response, submit its Official Request for Access using Form E.4.2 as set out in Appendix D,
which shall contain the prescribed information in subsection E.4.2 below. If the provision of the
prescribed information in subsection E.4.2. is insufficient, then the Access Provider may request
the Access Seeker to supply additional information.

E.4.2 Prescribed Information. The Access Seeker must provide the complete information as set out
below as part of the Official Request:
(a) Corporate information of the Access Seeker, (comprising Forms 9, 24 & 49 under the
Companies Act 1967);
(b) Creditworthiness information (comprising the paid up share capital, and the latest
audited accounts certified by the auditor of the company). In the event there already
exists an Access Agreement relating to other Access Services with the Access Provider,
the Access Seeker need not provide the creditworthiness information.
(c) Relevant technical information relating to the Access Services being sought
comprising :
i. the nature of the Access Service being sought;

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ii. in what quantities;
iii. the expected delivery dates and in what places ;
iv. the capacities required,
v. interface standards for each Access Service;
vi. Access Seekers network and the functionality of the Access services to the extent
that the Access Seeker is aware that such information may affect the Access
Providers network;
(d) A copy of the licence issued by the Commission under the CMA.
(e) A forecasts for a period of 3 years broken down into 12 monthly periods.
(f) The Request for Service Date or dates for the Access Services
(g) The names of the personnel (including the name of the negotiating team leader) if any,
who will represent the Access Seeker in the negotiations for access.
(h) Copies of the relevant insurance certificates;
(i) Such other information as the Access Provider may have specified in its AIP;
(j) A statement by the Access Seeker that it is willing to accept an access agreement on
the model terms set out in the Code.
(k) A non-refundable processing fee of Ringgit Malaysia Three Hundred (RM 300) only .

However if there already exists an Access Agreement relating to other Access Services
between the Access Provider and the Access Seeker then the Access Seeker need not provide
the information set out in Paragraph E.4.2(a), (b) and (d) when submitting a subsequent Official
Request for Access.

E.4.3. Response to Official Request for Access. The Access Provider must respond to the Official
Request for Access (The Official Response) using Form E.4.3 set out in Appendix E, within
the times stipulated below:

Applicable Circumstance
[If the Access Provider:]
Period to submit
Official Response
by Access Provider
Contents of Official
Response
agrees to grant access to the
Access Services in accordance
with the Official Request for
Access made by the Access
Seeker, based on the Model
Terms [Note: This is the Fast
Track process under the Code]
5 business days
after receipt of the
Official Request for
Access
Specify a date when the
detailed Access Agreement
can be executed which shall
not be later than 10 business
days after the date of the
Official Response
Access Services in accordance
with the Official Request for
Access made by the Access
Seeker but upon negotiated terms
using the Model Terms as a basis
10 business days
Access
(a) Indicating the desire to
negotiate the Model Terms
into a mutually acceptable
Access Agreement.
(b) Negotiation must be in
accordance with Section E.5
Access Services but (as set out in
Subsection E..4.8 below)
(i) only on best available terms
relating to capacity, and
(ii) using the Model Terms
10 business days
Access
Specify a date when the
detailed Access Agreement
can be executed which shall
not be later than 30 days
after the date of the Official
Response
Access Services but
(i) only on best available terms
(as set out in Subsection E.4.8
below) relating to capacity and
(ii) upon negotiated terms using
the Model Terms as a basis.
10 business days
Access
(a) indicating the desire to
negotiate the Model Terms
into a mutually acceptable
Access Agreement.
(b) Negotiation must be in
accordance with Section E.5
rejects the Official Request for
Access
10 business days
Access
The grounds for rejection as
specified in Subsection E.4.5
of the Code.

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E.4.4 Failure to submit Official Response. Failure by the Access Provider to submit an Official
Response to an Official Request for Access within the time limited for doing so as set out in
E.4.3 above or to negotiate an Access Agreement, will be deemed as a rejection of the Official
Request for Access, then the Access Seeker may refer the rejection to Adjudication under
Article I.

E.4.5 Grounds for rejecting Official Request for Access.

E.4.5.1 The Access Provider may reject an Access Seekers Official Request for Access, by
giving a notice in writing to the Access Seeker and specifying any one of the following
limited grounds:
(a) reasonable belief that the Access Seeker is not credit-worthy;
(b) Ineligibility of the Access Seeker due to CMA Licence conditions;
(c) the Access Seeker is the subject of a Section 176 Companies Act order,
winding up or receivership proceedings.

E.4.5.2 If Access Seeker dispenses with the Preliminary Request for Access under Section
E.3.2, then the Access Provider, may, in addition to Section E.4.5.1 above, reject the
Access Seekers Official Request for Access, by giving a notice in writing to the Access
Seeker on the grounds of:
(a) it is not technically feasible to provide Access to the Access Services requested
by the Access Seeker;
(b) the Access Provider has insufficient capacity to provide the requested Access
Service;
(c) the Access Seeker has not provided all the information required under Section
E.4.2, despite repeated requests by the Access Provider.

A rejection that does not specify the grounds for rejection shall entitle the Access Seeker to
refer the rejection to Adjudication under Section I.6 of the Code, and the Access Provider shall
not be entitled to raise any justification or ground or produce any evidence to establish that the
grounds set out in Section E.4.5.1(a) to (c) or E.4.5.2(a) to (c) above existed at the time of the
rejection.

E.4.6 Withdrawal of Official Request for Access. The Access Seeker may by notice in writing,
withdraw its Official Request for Access at any time prior to the execution of the Access
Agreement. However, in the event of such withdrawal, the Access Seeker shall pay the Access
Provider compensation to cover administrative costs of attending to the request in accordance
with the following formula:
T /120 x RM 5000
where T is number of elapsed days from the date of the Official Request to the date of
withdrawal.

E.4.7 Multiple Official Requests. If more than one Access Seeker has submitted to the Access
Provider an Official Request for Access at the same time so as to warrant the fair, equitable and
non-discriminatory allocation of the available capacity to each Access Seeker and the Access
Provider (unless the Access Provider is able to meet the requirements of all Access Seekers
who have so submitted), then such allocation shall be done in accordance with Capacity
Allocation Policy of the Access Provider and if the Access Provider does not have such a policy,
then in accordance with Section B.3 of the Code.

E.4.8 Best Available Terms Response. Where an Access Seeker has received an Official
Response stating the best available terms as to capacity from the Access Provider, the Access
Seeker may refuse such an offer and cancel the Official Request for Access without being liable
to pay the amount specified in Subsection E.4.6 of the Code. Best available terms in the
context of the Official Request for Access means that the Access Provider is able to offer a
lesser capacity than that requested by the Access Seeker.

E.4.9 Effect of Acceptance. If the Access Seeker does not withdraw the Official Request for Access
either in accordance with Subsections E.4.6 or E.4.8 of the Code, the amount of capacity stated
in the Official Response shall be firmed and be for the purposes of the Access Agreement the

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Guaranteed Minimum Commitment of the Access Seeker and the Access Provider to each
other.

E.4.10 Time. The time period by which the Access Provider must respond to the Official Request for
Access shall commence on the day following the day when the Access Provider receives all
and complete prescribed information.

Section E.5 Negotiation of Access Agreement

E.5.1 Introduction. The following negotiation process shall apply to all negotiations between an
Access Seeker and Access Provider in respect of an Access Agreement. The negotiations shall
be conducted in good faith and in a commercially reasonable manner, with the parties adopting
the Model Terms as far as possible to reduce disputes. For the purposes of this Code an
Access Provider acting in good faith shall not conduct any of the following:
(a) Refuse to negotiate terms of access not related to price for the reason that the
price of access has not been agreed.
(b) Refuse to negotiate access to network services or network facilities because the
Access Seeker has not agreed to acquire access to other network services or network
facilities which the Access Seeker does not want;
(c) Refuse to include in any Access Agreement a provision permitting variation of the
Access Agreement in the event of any change in rules, applicable laws or applicable
regulations (including Commission Decisions and Determinations);
(d) Make any negotiation conditional on the Access Seeker first obtaining any regulatory
approval or consent or license;
(e) Intentionally mislead or coerce an Access Seeker into reaching an agreement it would
not otherwise have reached;
(f) Intentionally obstruct or delay negotiations or any dispute resolution process;
(g) Fail to nominate representatives who have sufficient authority and sufficient availability
to progress negotiations in a timely and efficient manner; or
(h) Fail to provide information that is necessary to conclude an Access Agreement
including, without limitations:
i information about the Access Providers Network that the Access Seeker
reasonably requires to identify the Network Elements to which it requires access;
and
ii information about the basis of the determination of charges where access pricing
does not apply.

E.5.2 Commencement of Negotiations. If either the Access Seeker or the Access Provider
requests for negotiations of the Access Agreement, such negotiations shall commence within
10 days after receipt of the Response to Official Request for Access by the Access Provider
(Negotiation Commencement Date),

E.5.3 Duration of Negotiations. Both parties shall use their best endeavours to conclude
negotiations on the Access Agreement within 120 days from the Negotiation Commencement
Date. Parties may mutually agree to extend the time required to conclude the Access
Agreement subject to subsection E.5.5.

E.5.4 Initial Meeting. The designated representatives of the Access Provider and Access Seeker
shall meet on the date, time and at the venue specified by Access Provider, and shall:
(a) agree to an indicative ready for service date(s);
(b) agree a timetable for the negotiations, including milestones and dates for subsequent
meetings, required to meet the agreed target ready for service date;
(c) agree the negotiating procedures, including:
(i) the calling and chairing of meetings;
(ii) the party responsible for keeping minutes of meetings;
(iii) clearly defined pathways and timetables for escalation within each party of
matters not agreed in meetings; and
(iv) procedures for consulting and including in the negotiating process relevant
experts from the staff of each of the parties.

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(d) agree on the procedures for preparing and exchanging the documents in respect of
each partys position concerning any matter arising during the course of negotiation
which cannot be agreed and resolved;
(e) review the information requested and provided to date and identify information yet to be
provided by each party;
(f) identify what technical investigations, if any, need to be made and by whom such
investigations should be made.
(g) if applicable, resolve the objection of the rejected representative if the party to whom an
Objection Notice has been given still wishes to have that person included in its
negotiating team.

E.5.5 Failure to Reach Agreement. If the parties are unable to reach agreement by the time limited
for concluding the same, then both parties may agree to extend the time to complete the
negotiations, but such extension shall not be more than 30 days. If agreement still cannot be
reached after the extended period, then either party may seek the resolution of such failure
pursuant to the Adjudication Process set out in Article I to this Code. A decision of the
Adjudicator shall be complied with by the parties within 14 days by the execution of an Access
Agreement.

E.5.6 Use of Information Provided. Neither Access Seeker nor Access Provider shall use, disclose,
manipulate or build statistical data sets from the information furnished to the other pursuant to
this Article E, except for the intended purpose. In that regard the parties shall also be bound by
the non-disclosure agreement executed at the time of the request for access and the non-
disclosure obligations contained in the Access Agreement.

E.5.7 Restrictions in Use of Information. Information provided for the purpose of effecting an
Access Agreement shall only be released to personnel in the receiving partys organisation who
have a need to know for the purposes of achieving and sustaining such access, and that the
receiving partys organisation shall maintain a register of staff who receive such information and
the nature of information released to them. The register may be inspected on request by the
organisation supplying the information, or MAFs authorised Code auditors.

E.5.8 Adherence to policies. The Access Provider shall adhere to all relevant published policies and
manuals set out in Sub-section B.2.

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Article F Model Terms General Conditions
Section F.1 Application of General Conditions
F.1.1 The model terms set out in this Article F are general in their application. They apply where
relevant to all access services that may be included in Access Agreements. They are set out in
such a manner so as to enable a member to copy Section F.3 and paste it into a proposed
Access Agreement as recitals, and Section F.4 copied and pasted as the clauses of the Access
Agreement. These terms may be supplemented by additional terms as deemed fit by the parties,
subject to notification to the MAF in the form of a Departure Memorandum Form. As an
alternative, parties may incorporate the relevant provisions into their Access Agreement without
the need to copy the provisions set out in Section F.4. [Illustration Section F.4 of the Access
Code dated [ ] version no. [ ] are hereby incorporated into and forms part of the Access
Agreement between [A] and [B].]

Section F.2 Structure of Access Agreement

F.2.1 The Access Agreements will comprise the following:
(a) General Conditions that are likely to apply either to all access services; and
(b) Special Conditions (set out in Article G), that apply only to a specific access service or to
a sub-set of access services; and
(c) Schedules and Appendices; and
(d) Elements of the Code that are incorporated by reference; and
(e) Any other terms and conditions that the parties to the access agreement may mutually
agree to incorporate in the Access Agreement

Section F.3 Recitals

F.3.1 Following are the generic recitals to be used in all access agreements. They may be
supplemented by additional recitals as the parties consider necessary in the circumstances of
their agreement. Such additional recitals are not considered as a departure from the Access
Code and need not be included in the Departure Memorandum.

"WHEREAS
(A) The parties acknowledge that it is a fundamental principle of access and interconnection
that any customer of a service provider must be able to contact any customer of any other
service provider whether they are connected to networks in Malaysia or overseas.
(B) Access Seeker has pursuant to the Access Information Package provided by the Access
Provider submitted an Official Request for Access dated [insert date] [insert reference no.,
if any], which has been accepted to by the Access Provider.
(C) The Access Provider is agreeable to the provision of the Access Service as defined and
set out in this Access Agreement (including the supply of ancillary services) to the Access
Seeker in accordance with the following terms, which are [in accordance with/not in
accordance with*] the Model Terms set out in the Access Code [date:] and [version no.].l
IT IS AGREED THAT:"

Notes: * delete whichever is not applicable

Section F.4 General Conditions

F.4.1 This Section sets out the general conditions applicable to all forms of access requirements,
which Code Subjects can cut and paste into an agreement form. If a clause is not applicable to
the type of access being negotiated, the parties may delete that clause, but must retain its
number and state against the number the words "Deleted by the parties". A deletion of clause

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1.4 (a) or 1.4 (b)(i) as set out below, shall not require the submission of a Code Departure
Memorandum

1. Definitions/Rules of Interpretation

1.1 The words and phrases as defined in Section A.7 of the Code are adopted as the primary
definitions to interpret this Agreement, with additional defined terms as agreed by the Parties.

Access Services means the facilities and / or services that are listed in the
Access List, that are provided by Access Provider to Access
Seeker, more particularly set out in Schedule 2.1.

Access Seekers Network Means that network facilities which are either owned, used,
leased (including sub-leased) or accessed by the Access
Seeker.

Access Seeker means [name of party] (Co. No. ) and [address]

Access Provider means [name of party] (Co. No. ) and [address]

Force Majeure Event means acts or omissions of the Access Seeker or third parties
(excluding any Access Providers sub-contractors), natural
disasters, riots, war, civil disorder, court orders, acts or
regulations of governmental agencies (including the
Commission), labour disputes, failures or fluctuations in
electricity supply or third party telecommunications equipment
or lines for which either party has no control over (including
such third partys equipment failure), and which the Access
Provider could not have prevented by reasonable precautions
or could not have remedied by the exercise of reasonable
efforts, provided that the exercise of such reasonable
precautions or reasonable efforts will not require the incurrence
of any substantial additional cost or expense by the Access
Provider.

CMA means the Communications and Multimedia Act 1998 (Act 588)
as amended from time to time.

Consumer Code means the code issued by the Communications and Multimedia
Consumer Forum of Malaysia and registered by the
Commission.

Code means the Access Code dated [ ] version no: [ ].

Effective Date shall mean the date when this Access Agreement is registered
by the Commission.

Capacity Allocation Policy means the policy established in accordance with Section B.2 of
the Code.

Guaranteed Minimum
Commitment means the minimum committed amount of [capacity space,
volume] which the Access Seeker commits to take and the
Access Provider commits to supply arrived at upon the
completion of the Access Request process set out in Article E of
the Code.

Commission or MCMC means the Malaysian Communications and Multimedia
Commission.

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Business Day means a day when the banks are open for business in the
Federal Territory of Kuala Lumpur.

POI/POP means point of interconnection or point of presence, more
particularly defined in Section A.7 of the Code.

RFS Date means the ready for service date, i.e. the date when the Access
Seeker requires the Access Services to be ready to be utilised
by the Access Seeker.

Relevant Changes means collectively the various changes set out in clause 21.1
(a) to (e) of this Agreement.

1.2 In this Agreement, unless the context otherwise requires the singular includes the plural and vice
versa; and
(a) a reference to a section or clause is a reference to a section or clause of the Agreement
and a reference to a paragraph is a reference to a paragraph of the Agreement; and
(b) the word person includes a firm, body corporate, unincorporated association or an
authority; and
(c) all monetary amounts are expressed in Ringgit Malaysia; and
(d) if the day on which the payment of money or the performance of an obligation falls due
is not a Business Day, the due date or performance date shall be deemed to be the next
Business Day; and
(e) a term or expression starting with a capital letter :
(i) which is defined in clause 1.1, has the meaning given to it in Clause1.1;
(ii) which is defined in the body of the Agreement, has the meaning so given to it in
the body of the Agreement unless the context indicates otherwise; and
(iii) which is defined in the CMA or subsidiary legislation made under it but is not
defined in clause 1.1, has the same meaning as in the CMA or the subsidiary
legislation, as the case may be.
(g) all notices required to be given under this Agreement shall be given in writing.

1.3 Date of coming into force:
The Agreement shall come into force on the date when it is registered by the Commission, or
such later date as provided for in the Agreement., and shall remain in force for a period of 3
years, expiring on [date] (the Term)

1.4 Conditions Precedent to submission:
The following conditions precedent must be satisfied before the Access Provider submits the
agreement to the Commission for approval and registration:
(a) provision by the Access Seeker to the Access Provider as a security deposit of a bank
guarantee which shall be equal to 3 months of the estimated monthly charges
associated with the Access Services to be provided under the agreement; and
(b) such other reasonable conditions as are set out below;
(i) payment by the Access Seeker to [name of earlier Access Seeker to be
inserted] of the amount of changes calculated in accordance with subsection
K.3.4 of the Code.
[Note: Should any of the above conditions precedent not be applicable, please delete
accordingly. Should additional conditions precedent be required to be included, please
insert conditions as (i), (ii), (iii) etc or delete all of (b) if not used]

1.5 Structure of the Agreement
This agreement comprises:
(a) General Terms and Conditions
(b) Special Terms and Conditions
(c) Schedules to the General Terms and Conditions (whose numeric references reflect the
clause number)
(d) Elements of the Access Code which are incorporated by reference
(e) Various forms to be used from time to time.

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1.6 Order of precedence:
The agreed order of precedence of the various documents forming part of this Agreement are as
follows:
First the General Terms and Conditions
Second, Special Terms and Conditions
Third, Schedules and Appendices
In the event of conflict between any of the aforementioned documents, then the General Terms
and Conditions shall prevail accordingly.

1.7 Representations and warranties
The following representations are made by the Parties to each other:
(a) that they are duly licensed under the CMA;
(b) that their licenses are as at the date of the Agreement, valid and subsisting and that
there is no breach of any of the conditions in these licenses that may affect the
continuation of the licence;
(c) that they have complied with all relevant directions, determinations or decisions issued
by the MCMC to them;
(d) that each of them has the power to enter into, exercise each of their rights and perform
and comply with each of their obligations under this Agreement;
(e) that their entry into, exercise of each of their rights and/or performance of or compliance
with each of their obligations under this Agreement do not and will not violate, or exceed
any power or restriction granted or imposed by (i) any law, regulation, authorisation,
directive or order which each of them is subject, (ii) each of their constitutive documents,
or (iii) any agreement or arrangement to which each of them is a party or which is
binding on each of them or each of their assets.

2. Scope and purpose of access

2.1 This Agreement shall apply only to the provision of the Access Services as described and listed
in Schedule 2.1 by the Access Provider to the Access Seeker and may not be construed as
conferring any benefits on any third parties, including the setting out of the Access Changes and
the duration for the provision of each Access Service (if different from the terms of this
Agreement).

2.2 In supplying the Access Services, the Access Provider shall treat the Access Seeker on a non-
discriminatory basis as required by the Standard Access Obligations including but not limited to:
(a) taking all reasonable steps to ensure that the technical and operational quality of the
Access Service supplied to the Access Seeker is equivalent to that which the Access
Provider provides to itself;
(b) taking all reasonable steps to ensure that the Access Seeker receives, in relation to the
Access Services supplied and Ancillary Services provided to the Access Seeker, fault
detection, handling and rectification of a technical and operational quality and timing that
is equivalent to that which the Access Provider provides to itself; and
(c) taking all reasonable steps to ensure that:
(i) the technical and operational quality and timing of the Access Services is
equivalent to that which Access Provider provides to itself; and
(ii) the Access Provider complies with the Code and the relevant standards or
determinations in respect of access as may be in force from time to time.
(d) the provisions set out in Section B.1.4 , B.1.5 and B.1.6 of the Code

2.3 The non-discrimination principles referred to in clause 2.2 are intended to promote the long term
benefit of end users (LTBE) of network services and applications services, in accordance with
section 4 of the CMA through the stimulation of sustainable competition in retail markets.

2.4 The Access Provider agrees to provide and the Access Seeker agrees to acquire the Access
Services in accordance with the terms set out in this Agreement.

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2.5 Each Party shall be responsible to provide, install, test, make operational and maintain all
network facilities on its side of the POI or POP used in the provision or acquisition of the Access
Service unless specified otherwise in Schedule 2.5.

3. Location, establishment and maintenance of POI/POP

Subject to any Special Conditions to the contrary:

3.1 For the Term of this Agreement, the Access Provider shall establish and maintain POIs/POPs for
the provision of the Access Services at the locations specified in Schedule 3.1.

3.2 The Access Provider will keep its network connected to the POI/POP as set out in Schedule 3.1
and provide the Access Services to the Access Seeker in accordance with the terms of this
Agreement.

4. Third Party Premises

4.1 If entry to 3
rd
party premises is needed in order for the Access Provider to be able to complete
the set up and conditioning so as to be able to provide the Access Services to the Access
Seeker, and such 3
rd
party premises is owned by, tenanted or leased to the Access Seeker, then
in such circumstances the Access Seeker shall provide upon written request from the Access
Provider, the necessary permission, for the Access Provider to enter the said 3
rd
party premises
and shall do all that is necessary to ensure that such permission is obtained as quickly as
possible.

4.2 The Access Provider shall be liable for all damage or destruction caused to the 3
rd
party
premises (and its contents) by its employees, contractors or agents.

4.3 All written request from the Access Provider shall specify the date when the Access provider
requires to enter the building or premises, and shall be given the Access Seeker in sufficient
time to enable the Access Seeker to obtain such permission.

5. Procedure for determining availability of capacity at POI/POP

5.1 Subject to any Special Conditions to the contrary; the parties shall comply with Section B.3 of
the Code for determining the availability of capacity to the Access Seeker.

6. Procedure for allocating capacity amongst Access Seekers

6.1 Subject to any Special Conditions to the contrary; the parties shall comply with Subsection B.3 of
the Code for allocating available capacity under this agreement to the Access Seeker.

7. Definitions/Rules of Interpretation

7.1 Unless Otherwise agreed, the site or location at which the Access Seekers equipment is to be
located in order for the Access Services to be provided by the Access Provider, shall be
prepared by the Access Provider, so as to be ready to receive the Access Seekers equipment.
Such preparation shall be undertaken by the Access Provider, with close cooperation and
assistance from Access Seeker.

7.2 The Access Seeker shall within [30] days from the commencement date of this Agreement,
provide the Access Provider with sufficient information, including the Ready For Service date
(Equipment Information), to enable the Access Provider to undertake site preparation works.

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7.3 The Access Provider shall, within [30] days from receipt of the Equipment Information from the
Access Seeker, commence work to prepare the site, and shall compete the work by the Ready
For Service date.

7.4 Effect of Delays.

7.4.1 If the Ready For Service Date is likely to be delayed, by reason of:
(a) extremely inclement weather which the Access Provider or a reasonable entity
in the same position as the Access Provider could not have foreseen and which
materially affects the site preparation works;
(b) interference, disturbance and/or delays caused by other contractors carrying out
work not forming part of this Agreement;
(c) instructions by Access Seeker to postpone or suspend the site preparation
works;
(d) any delays caused by the Access Seeker;
(e) an event of Force Majeure, which the Access Provider could not reasonably
have foreseen;
then the Access Provider shall, as soon as reasonably practicable, notify the Access
Seeker of the delays and the reasons thereof, propose a revised Ready For Service
date and a request that the original Ready For Service date be extended.

7.4.2 The Access Seeker, shall upon receipt of the notice set out in clause 7.4.1 above,
notify the Access Provider, within seven [7] days, that it grants or refuses to grant the
extension to the Ready For Service date. If the Access Seeker does not so notify the
Access Provider within the seven-day period, then the Access Seeker shall be
deemed to have agreed to the revised Ready For Service Date proposed by the
Access Provider.

7.4.3 If the Access Seeker refuses to grant an extension of time, and the Access Provider
disagrees with such a refusal, then the Access Provider may refer the dispute to be
resolved by the Dispute Resolution Procedure set out in Article I of the Code. Pending
the resolution of such disagreement, the Access Provider shall proceed with due
diligence to complete the site preparation work and shall complete the same by the
Access Providers proposed revised Ready For Service Date. The Access Provider
shall not suspend the site preparation work notwithstanding that a reference to the
dispute resolution procedure in Article I of the Code has been made.

7.4.4 If the disagreement is resolved in favour of:
(a) the Access Provider, then the costs incurred by the Access Provider, in
preparing the site, shall be borne by the Access Seeker absolutely, including
any additional costs which the Access Provider incurs to complete the site
preparation works;
(b) the Access Seeker, then the costs incurred by the Access Provider in
preparing the site, shall be borne by the Access Provider absolutely, and the
Access Seeker shall not be required to make any payment or compensation to
the Access Provider and any additional costs or losses which the Access
Seeker incurs or bears because of the delay in completing the site by the
Access Provider, shall be payable by the Access Provider.

7.5 Cost of Site Preparation. The Access Seeker shall pay within thirty (30) days from receipt of
invoice from the Access Provider, the cost reasonably and necessarily incurred by the Access
Provide in preparing the site. Any disagreement as to the invoice shall be resolved by the
Dispute Resolution Procedure set out in Article I of the Code.

7.6 Recovery of one-off cost. The costing model, method or framework used by the Access
Provider to determine the one-off cost of site preparation (for greenfield areas only) shall be
based on and be consistent with the principles and formula as set out in Section K.3 of the Code.

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8. Right of Access Seeker to transfer one-off site costs to Subsequent
Access Seeker

8.1 The costs incurred by the Access Provider for site preparation under clause 7.6 above,
and borne by the Access Seeker, shall be recovered by the Access Seeker from any other
access seeker (the Subsequent Access Seeker) of the Access Provider who benefits from or
utilises the site so prepared.

8.2 The amount recoverable by the Access Seeker from the Subsequent Access Seeker shall be
determined in accordance with Section K.3 of the Code.

8.3 The Access Provider hereby undertakes to the Access Seeker, that should it receive any
payment or moneys from the Subsequent Access Seeker in respect of the charges it has
imposed on the Access Seeker, it shall account such payments to the Access Seeker, and pay
over such payments or moneys to the Access Seeker. For the avoidance of doubt until such
payment over is made, the Access Provider shall hold such moneys as trust for the Access
Seeker without obligation to invest.

9. De-commissioning of POI and POP

9.1 Decommissioning notice. Except where the Access Provider is required to vacate the site
where a POI/POP is located (as a result of a third party landlords notice under an arms length
tenancy agreement with the Access Provider), the Access Provider shall provide no less than:
(a) one (1) years notice in writing to the Access Seeker prior to the decommissioning of a
POI/POP; or
(b) six (6) months notice in writing to the Access Seeker prior to the decommissioning of any
other network facilities or network services.

9.2 Co-operation. The parties shall in good faith co-operate, negotiate and agree the timetable for
decommissioning of the relevant POI/POP, network facilities or network services.

9.3 Alternative arrangements. Upon notifying the Access Seeker of its intention either:
(a) to decommission a POI/POP, in which case the Access Provider shall provide to the
Access Seeker functionally equivalent interconnection at another POI/POP on terms and
conditions and at a recurring charge which are not disadvantageous to the Access Seeker,
relative to the terms and conditions and recurring charge applying in respect of the
POI/POP that is proposed to be decommissioned, for a period not less than three (3)
years from the date of decommissioning; or
(b) to decommission network facilities or network services, in which case the Access Provider
shall provide to the Access Seeker access to alternative network facilities or network
services on the same terms and conditions and at the same charges as set out in this
Agreement for the remainder of the Term.

9.4 Upon the Access Seeker receiving the Decommissioning Notice under clause 9.1 above the
Access Seeker shall indicate to the Access Provider in writing either:
(a) its acceptance of the timetable for decommissioning and the proposed alternative
arrangements; or
(b) its intention to negotiate and discuss other arrangements and timetable;

and in the case of (b), the parties shall meet as soon as practicable to discuss and agree to a
suitable arrangement.

10. Minimisation of impact of decommissioning of POI and POP

10.1 Decommissioned POI/POP compensation: The Access Provider shall pay the Access
Seekers all costs reasonably and necessarily incurred by the Access Seeker in undertaking any
one or more of the following activities:

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(a) decommissioning any of its links to the POI/POP that is proposed to be decommissioned
that are rendered or will be rendered redundant by the proposed decommissioning;
(b) installing or otherwise procuring links between the POI/POP that is proposed to be
decommissioned and the substitute POI/POP to be provided pursuant to clause 9.3 (a);
and
(c) the carriage of traffic between the POI/POP that is proposed to be decommissioned and
the substitute POI/POP to be provided pursuant to clause 9.3 (a) for a period not less than
[three (3) years] from the date of decommissioning.

10.2 Decommissioned Network Facilities/Network Service compensation. Except where
decommissioning is caused by Force Majeure, the Access Provider shall pay the Access
Seekers costs reasonably and, necessarily incurred in:
(a) moving the Access Seekers Equipment from the decommissioned network facilities to the
alternative network facilities provided in accordance with clause 9.3(b); or
(b) re-arranging the Access Seekers Equipment to connect to the alternative network
services offered in accordance with clause 9.3(b).

10.3 Notification of costs. The Access Seeker shall, as soon as is reasonably practicable, provide
the Access Provider, with an invoice in writing (Decommissioning Cost Invoice) setting out
the following:
(a) the amount of costs the Access Seeker has incurred in undertaking any one or more of the
activities set out in clause 10.1 or 10.2 (as the case may be) including a detailed
breakdown thereof;
(b) the supporting documentary evidence that such costs were incurred, such as invoices,
purchase orders or other evidence;
(c) an explanation as to the reason why each item of costs were incurred.

10.4 Payment. Within thirty [30] days from receipt of the Decommissioning Cost Invoice, the Access
Provider shall either pay the Access Seeker the amounts set out in the Decommissioning Cost
Invoice or notify the Access Seeker that it disagrees with the amount of costs incurred setting
out its reasons for such disagreement. Any delay in payment to the Access Seeker of the
amounts in the Decommissioning Cost Invoice, will bear interest until paid at a rate of interest
equal to
(a) one percent [1%] per annum above the base lending rate published by Malayan Banking
Berhad for the period that the payment is outstanding after 30 days and up to 60 days
from the date of the Decommissioning Cost Invoice; and
(b) two percent [2%] per annum above the base lending rate published by Malayan Banking
Berhad for the period that the payment remains outstanding after 60 days from the date of
the Decommissioning Cost Invoice.

10.5. Disputes. If any portion of the amount of the Decommissioning Cost Invoice is subject to a bona
fide dispute by the Access Provider, then either party may refer the matter to be resolved in
accordance with the clause 4.1 of this Agreement.

11. Calling Line Identification (CLI)

11.1 CLI: For the purpose of billing reconciliation and call charge verification, the parties will provide
CLI to each other subject to CLI being forwarded to them from another Network with which
anyone of their Networks is interconnected.

11.2 Dummy CLIs: Either party must route a Customers original CLI and must not translate
numbers, use dummy numbers or dummy CLI, or use any means to alter numbers which may
confuse or have the tendency to confuse the other partys Network (including transit Networks)
or billing systems. Where technical problems for routing or billing so demand, then the use of
dummy numbers shall only be permitted in accordance with any agreement reached by the
parties, from time to time.

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12. Guaranteed Minimum Commitment (GMC)

12.1 The parties agree that the Access Seeker shall take and the Access Provider shall provide the
Access Services up to the Guaranteed Minimum Commitment for each 12 month period of the
Term more particularly set out in Schedule 12.1 - Guaranteed Minimum Commitment.

13. Confirmed Access Orders

The following flowchart illustrates the operation of clauses 12 and 13.

Please remove flowchart when adopting clause 13 into the access agreement.
13.1 Making of a Confirmed Access Order

13.1.1 The Access Seeker shall submit Confirmed Access Orders (CAO) to the Access
Provider, not more frequently than on a bi-monthly basis, commencing on the
commencement date of this Agreement.

13.1.2 Subject to clause 13.2 below, all CAOs shall provide sufficient details of the Access
Seekers access requirements to enable the provision of the Access Services by the
Access Provider.

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13.2 Contents of CAO. The CAO shall contain sufficient information which outlines the Access
Seekers access requirements, including the following information, at a level of detail sufficient
for the provision of the Access Services by the Access Provider, namely:
(a) the required capacity;
(b) a definite dates for delivery (and in default of so specifying the provisions of clause
13.5.1 shall apply);
(c) the RFS Date or RFS Dates;
(d) the specific locations of the points of delivery or POI/POP or both (as the case may be);
(e) equipment of the Access Seeker to be used in connection with the CAO; and
(f) such other information that the Access Provider reasonably requires in CAO for it to
provide the Access Services to the Access Seeker as specified in Schedule 13.2 herein.

13.3 Non-Discriminatory Treatment of CAOs. The Access Provider shall give the same priority to
the handling of CAOs from the Access Seeker that may be required for the Access Services as it
gives to its own CAOs and any CAOs that may be required for other access seekers who are
similarly situated to the Access Seeker in all relevant respects.

13.4 Acknowledgment & Changes

13.4.1 Acknowledgment of receipt: The Access Provider shall acknowledge receipt of the
CAO, in writing, within ten (10) Business Days of receipt of a CAO from the Access
Seeker. The acknowledgment must contain the following information:
(a) the time and date of receipt of the Access Seekers CAO;
(b) a list of any additional information which the Access Provider reasonably requires
from the Access Seeker to clarify the CAO which the Access Seeker shall provide
within five [5] Business Days to the Access Provider from receipt of the
acknowledgment; and
(c) if the relevant network facilities or network services are below the capacity
required to provide the relevant network facilities or network services, the Access
Provider shall inform the Access Seeker of the available capacity and timeframe
for the fulfilment of the Order;
(d) the location in the queue of the Access Seeker, which shall be in accordance with
the Queuing Policy; and
(e) the estimated monthly charges for the order made by the Access Seeker.

13.4.2 Confirmation of CAO: If the Access Provider is able to meet the RFS Date and the
capacity ordered as set out in the CAO, the Access Provider shall notify the Access
Seeker within fourteen (14) days of receiving the CAO.

13.4.3 Changes to RFS Dates
(a) If the Access Provider is unable to meet the RFS Date as set out in the CAO, the
Access Provider will notify the Access Seeker within fourteen (14) days of
receiving the CAO, and propose alternative RFS Dates for agreement by the
Access Seeker.
(b) If the Access Seeker rejects such alternative RFS Dates, the Access Provider
shall take all reasonable steps to ensure that the original RFS Dates are achieved.
(c) If the Access Provider is required to meet the original RFS Dates despite
suggesting alternative RFS Dates which were not agreed to, then in the event that
the original RFS Dates are not achieved and all reasonable steps have been
taken by the Access Provider to ensure that the original RFS Dates are achieved,
then the provisions in clause [Parties to Insert ] (payment of compensation) shall
not apply.

13.4.4 Changes to the capacity
(a) If the Access Provider is unable to meet the capacity set out in the CAO because
of insufficient capacity, the Access Provider will notify the Access Seeker within
fourteen (14) days of receiving a CAO, and propose a lesser capacity allocated on
the basis of the Capacity Allocation Policy for agreement by the Access Seeker.

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(b) If the Access Seeker rejects such proposal, the Access Provider shall take all
reasonable steps to ensure that the original ordered capacity is provided by the
RFS Dates.
(c) If the Access Provider is required to meet the original capacity despite proposing
alternative capacity to be allocated to the Access Seeker, then all costs and
expense incurred by the Access Provider in meeting the original capacity ordered
shall be borne by the Access Provider and not claimed from the Access Seeker.

13.5 Delivery Times

13.5.1 Indicative delivery times: Unless otherwise stated in clause 13.2(b), the following
are the delivery timeframes for the following aspects of a network services or network
facilities, which may be ordered by the Access Seeker:

CAO Type Indicative delivery timeframes
All CAOs involving the provision of
new Facilities and infrastructure
relevant to the Access Services that
are the subject of the CAO
8 Months
All CAOs involving augmentation of
capacity on existing Facilities and
infrastructure relevant to the Access
Services that are the subject of the
CAO.
60 days

13.5.2 Delivery dates: The Access Provider shall deliver the Access Services by the date
specified in a CAO.

13.5.3 Early Delivery Dates: If the Access Provider, in the normal course of business, is
able to offer a delivery date earlier than the delivery date that would otherwise apply, it
must advise the Access Seeker. Unless otherwise agreed by the Access Seeker to
such earlier delivery dates; the Access Provider shall, deliver access to the relevant
network services or network facilities or both by the delivery date specified in the CAO.

13.5.4 Late delivery: If the Access Provider fails to meet any agreed delivery dates in the
CAO (or earlier if clause 13.5.3 applies) with respect to the delivery of Access
Services, except where such failure has been caused solely by the Access Seekers
actions or omissions, then the Access Provider shall, without limitation to any other
rights or remedies that the Access Seeker may have under this Agreement or law:
(a) notify the Access Seeker of the delay to a delivery date and the revised delivery
date, together with the reasons for the delay, as soon as practicable after the
Access Provider becomes aware of the possible delay; and
(b) pay or set-off from any charges due from the Access Seeker to the Access
Provider, an amount set out in Schedule 13.5.4 for each day of delay until the
CAO is fulfilled. Such amount is agreed to be a pre-estimate of the damages
which the Access Seeker has incurred or suffered due to the delay by the
Access Provider, shall be payable without proof of actual loss, and a certificate
signed by an office of the Access Seeker of the amount of loss shall be
conclusive evidence of the losses suffered by the Access Seeker.

13.6 Differences between CAO and GMC

13.6.1 If the Guaranteed Minimum Commitment is not or is not likely to be met for the period,
and such failure is due to either:
(a) the Access Provider has failed to provide the capacity to meet the Guaranteed
Minimum Commitment despite the Access Seeker issuing CAOs then in such a
case, the Access Provider shall :
(i) take all reasonable steps to do so and the costs and expenses arising from
the taking of such steps shall be borne by the Access Provider and not
recoverable from the Access Seeker; and

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(ii) compensate and pay the Access Seeker for its loss as a result of such a
failure. The amount of such compensation shall be agreed by the parties,
and if such agreement cannot be achieved within thirty [30] days, either
party may refer the matter in accordance with the procedures set out in
Article I of the Code.
(b) the Access Seeker has failed to take up the capacity to meet the Guaranteed
Minimum Commitment then in such a case, the Access Seeker shall pay to the
Access Provider a sum based on the difference between aggregate capacity of
all the CAOs issued for that period and the Guaranteed Minimum Commitment
for the same period.

13.6.2 For the purposes of this clause the words If the Guaranteed Minimum Commitment is
not met for the period means in the case of the Access Seeker, where the aggregate
CAOs provided by the Access Seeker in a 12 month period is less than the
Guaranteed Minimum Commitment for that same period or in the case of the Access
Provider, where the aggregate CAOs (inclusive of any revisions that were proposed by
the Access Provider and agreed to by the Access Seeker) in a 12 month period is less
than the Guaranteed Minimum Commitment for the same period.

13.7 Advance Payments: The Access Seeker shall pay by way of deposit, to the Access Provider,
an amount equal to ten percent (10%) of the estimated monthly charge within thirty (30) days
from receipt of the confirmation from the Access Provider issued pursuant to clause 13.4.2
together with the appropriate invoice from the Access Provider. This deposit may be forfeited if
the Access Seeker cancels the confirmed CAO unless such cancellation is specifically permitted
by this Agreement.

13.8 Expediting Specific CAO. An Access Seeker may request to have the Access Provider
expedite the provision of Access Services which is the subject of a CAO at any time prior to the
Access Provider executing the CAO. If such a request is so made, the Access Provider shall
use its best endeavours and act in good faith to meet the expedited timetable requested by the
Access Seeker. If the expedited timetable will require the Access Provider to incur additional
cost, the Access Provider shall provide the Access Seeker with an estimate of those additional
costs and require the Access Seeker to agree to reimbursing the Access Provider to the extent
of the estimate before proceeding. Upon completion of the expedited CAO, the Access Provider
shall invoice the Access Seeker for the additional costs up to the estimate and the Access
Seeker shall pay the Access Provider within [30] days from the date of the invoice.

13.9 Access Seekers Request for Extra Capacity:

13.9.1 If the Access Seeker submits a CAO which is for capacity greater than the capacity
specified in the Guaranteed Minimum Commitment in respect of the Access Services,
then in such an event, the Access Provider shall:
(a) firstly determine, in accordance with the queuing and capacity allocation policies
and in good faith, whether it is able to meet the request for extra capacity of the
Access Services and
(b) if it is able to meet the said request, the Access Provider shall within ten (10)
Business Days notify the Access Seeker accordingly (Confirmation Notice)
and shall proceed to meet and provide the extra capacity so requested; or
(c) if the Access Provider is unable to meet the said request, then the Access
Provider shall notify the Access Seeker within ten (10) Business Days that it is
unable to do so (Inability Notice) and shall only meet the Guaranteed Minimum
Commitment.

13.9.2 Upon the Access Seeker being notified in accordance with clause 13.9.1(c) above, the
Access Seeker may request a meeting with the Access Provider to discuss the
relevant CAO and the Inability Notice so issued. The Parties shall meet as soon as
practicable (but in no event shall such meeting be later than twenty (20) Business
Days after the receipt of the Inability Notice) to determine the best and most
practicable approach to meet the request for extra capacity which is needed to meet
the anticipated demand. The Parties shall meet and discuss possible solutions and

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approaches in good faith and act reasonably towards each other. If after thirty (30)
Business Days the Parties are unable to arrive at a mutually agreeable resolution,
then the Access Provider shall only meet the capacity as set out in the Guaranteed
Minimum Commitment without being liable for any loss or damages that the Access
Seeker may suffer as a result of the provision of capacity less than as requested in the
CAO.

13.9.3 The Access Seeker may procure such additional capacity from other access providers
(who may be access seekers to the Access Provider) and the Access Provider, shall
ensure that such utilisation by the Access Seeker is not prohibited, disabled or
affected in any way whatsoever, including barring or blocking calls from or to the
Access Seekers Network..

13.10 Other uses: The Access Provider shall permit capacity installed in connection with the provision
of the Access Services to be used, to the extent technically feasible, in connection with another
access service, if so requested by the Access Seeker.

14. Service Qualifications

14.1 Service Qualifications: The Access Seeker may request that the Access Provider undertakes
and performs a Service Qualification in respect of the Access Services. For the purposes of this
clause Service Qualifications means a desk and field study to be conducted in accordance with
the processes set out in the T & I Manual, and included the testing of a Line to ascertain whether
it can be used.

14.2 Handling Priority: The Access Provider shall give the same priority to the handling of any
Service Qualifications that may be required for the Access Seeker as it gives to its own Service
Qualifications and any Service Qualifications that may be required for other access seekers who
are similarly situated to the Access Seeker in all relevant respects.

14.3 Service Qualifications: The Access Provider shall only conduct Service Qualifications if:
(a) the Access Provider reasonably requires information from such Service Qualifications
which is not readily available; and
(b) the Access Provider notifies the Access Seeker that such Service Qualifications are
necessary within five (5) Business Days of receiving the CAO, or, if further information
has been requested under sub-[clause 13.4.1(b), within five (5) Business Days after the
expiry of the period in sub-clause 13.4.1(b), ] together with the reasons for such Service
Qualifications.

For clarification, the Access Seeker may also seek the consent of the Access Provider to
perform a Service Qualification itself, and such consent must not be unreasonably withheld.

14.4 Completion of Service Qualifications: The Access Provider shall:
(a) complete any Service Qualification in respect of a CAO within twenty one (21) Business
Days of the commencement of the Service Qualification or completion of the CAO; and
(b) inform the Access Seeker of the result of any Service Qualification within two (2)
Business Days of the completion of such Service Qualification.

14.5 Withdrawal of CAO following Service Qualifications: The Access Seeker may cancel its
CAO without penalty within fourteen (14) days after receiving the result of a Service Qualification
and the Access Provider shall not forfeit the deposit made by the Access Seeker pursuant to
clause 13.7 of this Agreement.

15. Cancellation and Variation of CAO

15.1 Cancellation: The Access Seeker may by notice in writing cancel a CAO at any time prior to
completion by the access Provider.

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15.2 Cancellation penalty: Except where this Agreement provides that cancellation is to be at no
penalty, the Access Provider shall charge the Access Seeker costs necessarily incurred by the
Access Provider in relation to the cancelled CAO, and the Access Seeker shall pay such costs,
unless the Access Seeker disputes the computation, whereupon the provisions in Article I of the
Code shall apply.

16. Testing and Provisioning

16.1 Testing and Provisioning: The Access Provider shall:
(a) co-operate with the Access Seeker in relation to the testing and provisioning of the
Access Services; and
(b) treat the Access Seekers testing and provisioning on an equivalent basis to that which
the Access Provider treats itself.

16.2 Resource Charge: The Access Provider may charge the Access Seeker the costs reasonably
incurred by the Access Provider for the provision of manpower and other resources to enable
the Access Seeker to test and provide new network facilities or network services for purposes of
utilising the Access Services.

17. Facility Ordering & Infrastructure sharing

17.1 Facility Ordering: The parties agree to comply with the facility ordering procedure as set out in
the Special Conditions [No: ] for the Access Services.

17.2 Infrastructure Sharing: Where the Access Services provided by the Access Provider to the
Access Seeker involves the sharing of infrastructure the arrangements set out in the Special
Conditions No. [ ] of this Agreement shall apply.

18. Co ordination of migration of customers

Where the provision of access results or is likely to result in the migration of customers between
the parties, the parties shall within [ ] days establish procedures and coordination
arrangements to ensure that the migration occurs smoothly, with minimal disruption to the
services provided to the migrating customers or other customers of the parties, and in a manner
that minimises the costs incurred by both parties.

19. Co-location

Subject to any Special Conditions to the contrary:

19.1 The Access Provider shall provide on request both (a) physical co-location and (b) virtual co-
location to the Access Seeker at the locations designated in Schedule 19.1. These locations are
subject to annual review. Equipment allowance: The Access Provider permits the Access Seeker
to locate equipment on or at the Access Providers network facilities which is necessary for the
purposes of obtaining the benefit and/or use of this Access Services.

19.2 In relation to each of the locations designated in Schedule 19.1, the Access Provider shall
accept and respond to co-location requests in accordance with the Queuing Policy.

19.3 In applying for co-location the Access Seeker shall provide the following information to the
Access Provider:
(a) details of the Access Seeker's equipment that will be co-located, including its physical
dimensions and weight
(b) power requirements
(c) radio and electro-magnetic emissions from co-located equipment
(d) heat output from co-located equipment and other air conditioning load information
(e) the dimensions of the space required for co-location, allowing for air flow and access
corridors

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(f) the time when access is first required
(g) installation period
(h) such other information as may be specified by the Access Provider to enable
assessment of the application and provision of the co-location service in Schedule
19.3(g).

19.4 Inspection: The Access Provider shall allow nominated employees or contractors of the Access
Seeker to physically inspect network facilities of the Access Provider during normal business
hours provided that:
(a) the Access Seeker has provided no less than five (5) Business Days prior notice of its
intention to perform a physical inspection together with the details of its employees
and/or contractors who will be undertaking such physical inspection; and
(b) the nominations made by the Access Seeker are reasonable, having regard to the
position of each person and the number of persons nominated and the location of the
network facility.

19.5 Physical access: The Access Provider shall allow the Access Seeker, its nominated employees
and contractors to physically enter and exit the Access Providers network facilities and have
physical control over the Access Seekers Equipment located at such network facilities, twenty-
four (24) hours a day, seven (7) days a week.

19.6 Escorts: If the Access Provider determines that it is necessary to have an escort present when
employees or contractors of the Access Seeker wish to enter onto the Access Providers
facilities, the Access Provider shall:
(a) have such escort service on call (with no longer than a thirty (30) minute response time
to attend at the Access Providers property); and
(b) if the escort service is provided outside ordinary business hours, then the Access
Provider may invoice the Access Seeker the reasonable costs of such escort service.

19.7 Absence of escort: If an escort does not arrive at the Access Providers facility within 60
minutes of the scheduled commencement of the visit by the Access Seeker, and provided that
the Access Seeker has done all things reasonably necessary to contact the Access Provider on
the matter, the Access Seekers nominees may proceed to enter the Access Providers facility
without an escort. Provided always that any damage or destruction arising from such entry shall
be borne by the Access Seeker, and the Access Seeker, its employees, contractors or agents
shall take all reasonable steps to ensure that the equipment within the Access Providers facility
are not damaged by their entry.

19.8 Site register: The Access Provider must establish and maintain a register of all persons who
visit the Access Providers property, which must be made available for inspection by the Access
Seeker, upon request.

19.9 Preparatory work by the Access Provider:

19.9.1 If the Access Provider agrees to perform preparatory work in order to the co-location
request and does so on the basis of an estimated charge (e.g. based on a time and
materials basis) which is agreed by the Access Seeker prior to the commencement of
the preparatory work by the Access Provider then:
(a) the Access Provider shall not exceed the estimate charge without providing the
Access Seeker prior written notice that:
(i) the estimate will likely be exceeded; and
(ii) a revised estimate of the charges for the work necessary to complete the
preparatory work;
(b) the Access Provider shall permit the Access Seeker to withdraw the request for
preparatory work without penalty if the revised estimate exceeds the original
estimate by more than 10% of the original estimate. If the Access Seeker
withdraws the request for the preparatory work, then the parties shall meet to
negotiate a fair amount to compensate the Access Provider for the work already
undertaken and completed prior to the withdrawal.

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19.9.2 Delays: If the Access Provider agrees to perform preparatory work and the Access
Provider is or is likely to be unable to complete such work within the agreed timeframe,
the Access Provider shall:
(a) notify the Access Seeker of the delay to a delivery date, together with the reasons
for the delay, as soon as practicable after the Access Provider becomes aware of
the possible delay;
(b) permit the Access Seeker to cancel the preparatory work without penalty if the
delay is longer than fourteen (14) days; and
(c) compensate the Access Seeker for the costs it has incurred as a result of delay,
subject to the Access Seeker using reasonable endeavours to mitigate those
costs.

19.10 Utilities and ancillary services: If the Access Provider has permitted access or physical co-
location at a particular location or network facilities the Access Provider must, where the relevant
utilities and ancillary services are within the Access Providers control, ensure that all necessary
utilities and ancillary services are provided to enable the Access Seeker to benefit from such
access or co-location, including but not limited to:
(a) access to roads;
(b) access to land;
(c) power, including the provision of back up power;
(d) environmental services (including but not limited to heat, light, ventilation and air-
conditioning, fire protection);
(e) security, taking care to ensure that its agents, representatives or subcontractors do not
damage any Equipment, and keeping the location secure and protected from vandalism
or theft; and
(f) site maintenance.

19.11 Security caging: The Access Provider shall not require the use of cages or similar structures to
physically segregate co-located equipment or equipment to be located at or on network facilities
of the Access Seeker.

19.12 Marking: The Parties shall mark or label their equipment in such a manner that they can be
easily identified as the equipment of each Party.

19.13 Maintenance: The Access Provider shall permit, and do all things reasonably necessary to allow
the Access Seeker to maintain its equipment at, in or on the network facilities to which access
has been granted. This may include, for example, the provision of physical access.

19.14 Extensions: The Access Provider shall reasonably permit the Access Seeker, at the Access
Seekers cost, to extend network facilities of the Access Provider as may reasonably be required
to meet the Access Seekers requirements in the circumstances and to the extent technically
feasible.

19.15 Cost: The ancillary costs identified in clause 19.10 above, shall be chargeable to the Access
Seeker in accordance with the principles and method of computation as set out in Section K.2.4
of the Code.

20. Network planning Provision of Information

The Parties shall undertake planning in relation to the network that they utilise, and to inform
each other, of the plans and their impact in sufficient time to allow the other Party, if affected, to
mitigate the effects on its own operations. The provision of information about network plans is to
be provided by Parties as plans are completed or annually, whichever provides the earliest
advice to the other party.

21. Network Change obligations

21.1 Scope: This clause applies where one of the Parties proposes to implement a Network Change
which necessitates a change in the equipment or software (including interface software) of the

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other Partys network in order to ensure the continual and proper operation and compatibility of
the Parties respective networks, services and procedures. If a Party intends to make a change
(Notifying Party) to any:
(a) technical specification of the interconnection interface between their respective
Networks (Interface Change);
(b) any change by the Notifying Party to any technical specification or characteristic of the
network services or network facilities to which the other Party (Recipient Party) has
access which will or might affect:
(i) the Recipient Partys Network;
(ii) the Recipient Partys use of the network services or network facilities provided by
the Notifying Party (Service Change);
(c) technical specification or characteristic of the Notifying Partys Network which will or
might affect the Recipient Partys Network (Network Change);
(d) of the operational support systems used in intercarrier processes, including without
limitation:
(i) the billing system;
(ii) the Ordering and provisioning systems; or
(iii) the Customer Churn process, (OSS Change); and
(e) of the features, functions or capabilities of the network services and/or network facilities
by way of enhancement, provided that such network under this Agreement Services
and/or network facilities are those which the Recipient Party has access, which
enhancement the Notifying Party proposes to make available either:
(i) to itself; or
(ii) to any other Operator (Functionality Change),
then the Notifying Party shall provide the Recipient Party with a Change Notice as soon
as reasonably practicable and, in any event, not less than the relevant notice period for
each type of Relevant Change as set out in the table below:

Types of Relevant Change: Notice period to the
Relevant Changes being
made:
Interface Change 3 months
Network Change 3 months
Service Change 3 months
OSS Change 3 months
Functionality Change 3 months

21.2 Notification of Change
The Change Notice shall be in writing and shall specify
(a) the nature, effect, technical details and potential impact on the Recipient Partys
Network of the proposed Relevant Change, described at a sufficient level of detail to
enable the other Party to identify and begin planning such changes as may be
necessary or desirable for the Recipient Party to make to its Network, services or
procedures in consequence of the Relevant Change; and
(b) a date, which shall be no later than ten (10) Business Days from the date of the notice
under this clause, on which representatives of the Notifying Party will be available to
discuss with representatives of the Recipient Party the proposed Relevant Change and
the changes that may be necessary or desirable for the Recipient Party to make to its
Network, services or procedures in consequence of the Relevant Change

21.3 Post-notification procedures: The Notifying Party shall:
(a) meet with representatives of the Recipient Party on the date set out in the Change
Notice or as soon as practicable thereafter (but no later than the notice period set out in
the table in sub-clause 21.1, for the purpose of discussing the Relevant Change and any
changes that may be necessary or desirable for the Recipient Party to make to its
Network, services or procedures in consequence of the Relevant Changes;
(b) provide any additional information reasonably requested by the Recipient Party no later

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than ten (10) Business Days after the Recipient Partys request for such additional
information; and
(c) take reasonable account of concerns raised and proposals made by the Recipient Party
to minimise any adverse impact of the Relevant Changes on the Recipient Party and
revise the Change Notice accordingly.

21.4 Testing: A Notifying Party shall, bearing its own costs in doing so:
(a) co-operate with a Recipient Party in relation to the development of procedures for
testing the impact of the Relevant Changes on the proper operation and compatibility of
the Parties respective Networks;
(b) jointly carry out testing with the Recipient Party no less than twenty (20) Business Days
before the Notifying Party proposes to effect the Relevant Changes. The testing shall be
conducted in accordance with the testing procedures developed and agreed by the
Parties.

21.5 Testing failure: Subject to the Recipient Party having co-operated with the Notifying Party in
relation to the conduct of tests under sub-clause 21.4, if such tests:
(a) are not accepted by ten (10) Business Days prior to the date when the Notifying Party
proposes to effect the Relevant Changes; or
(b) do not provide reasonable assurance of the continued proper operation and
compatibility of the Parties respective Networks, services and procedures the Notifying
Party must postpone implementation of the Relevant Changes. The period of
postponement will be the period necessary to allow the Parties to repeat the steps in
sub-clauses 21.3 to 21.4 above.

22. Space Reservations

The following provisions shall apply whenever the Access Seeker requires physical space to be
provided to it by the Access Provider whether it is by way of co-location or otherwise:

22.1 The Access Provider may reserve such physical space in its various operational buildings and
facilities for its own use, provided that such reservation is in accordance with Section B.4 of the
Code.

22.2 If the Access Provider has failed, neglected and / or refused to comply with Clause 22.1, and the
Access Seeker has incurred such loss and expense as may be directly attributable to the Access
Providers failure, neglect and/or refusal to comply with Section B.4 of the Code, then such loss
and expense shall be recoverable from the Access Provider.

22.3 The parties agree that such failure, neglect and / or refusal shall be deemed to be sufficient
evidence for the purpose of any action under Chapters 2 and 3 of Part VI of the CMA.

22.4 The Access Provider shall not require the Access Seeker to take or use any more space than
what the Access Seeker has requested in respect of the Access Service, other than in relation to
required clearances and space for egress and access.

22.5 Space Information Request: The Access Seeker may request the Access Provider to provide
information about plans for the future use of apparently spare or unused space in the various
operational buildings and facilities of the Access Provider. The Access Provider shall answer
the request within 14 days of receipt, provided -
(a) the inquiry was in writing pursuant to this Agreement;
(b) the Access Seeker confirms that it has an interest in the potential use of the space, and
that the request is made in good faith and for the purpose of assisting the Access
Seeker to confirm its own plans; and
(c) the building or facility is clearly identified.

22.6 Allocation of space: The Access Provider shall allocate space at each location where physical
co-location is permitted and/or available in a non-discriminatory manner and will treat the Access
Seeker in the same manner as it treats itself.

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22.7 Re-configuration: If there are space constraints at a particular location, the Access Provider
shall take reasonable steps to optimise the usage of the space, including through the upgrading
of facilities or endeavouring to transfer the equipment to an alternative location.

23. Network conditioning

23.1 Non-discrimination: The Access Provider shall perform Network Conditioning on an equivalent
basis to that which the Access Provider performs for itself for the same or similar Access
Services.

23.2 Impact of retail commercial arrangements: The Access Provider shall commence and
complete Network Conditioning by the time periods agreed by the parties but the Access
Provider shall not refuse to do so, on the basis that the commercial arrangements are not
agreed between the Parties in relation to the retail service for which the Network Conditioning is
to be provided.

23.3 Commencement: The Access Provider will commence Network Conditioning immediately
following receipt of a CAO from the Access Seeker and agreement between the Access Provider
and the Access Seeker in relation to:
(a) geographical coverage;
(b) number information (i.e. length and code allocation);
(c) origins from or destinations to which access is required;
(d) Network routes (including which Operator is responsible for the provisioning of the
Interconnection Links); and
(e) handover arrangements and relevant POI/POP.

23.4 Number range activation: The Access Provider shall:
(a) use its best endeavours to activate a code or number range in its Network within [ten
(10) Business Days] of being requested to do so by the Access Seeker; and
(b) in all cases, activate a code or number range within [thirty (30) days] of being requested
to do so by the Access Seeker to whom the code or number range has been allocated.

23.5 Intra-Network codes and numbers: For the avoidance of doubt, clause 23.4 shall not apply to
codes or number ranges not intended for use across interconnected Networks.

23.6 The costs incurred by the Access Provider in Network Conditioning shall be apportioned
between the Parties as follows:
(a) if the work has been carried out in accordance with a Government or Commission
requirement, the Parties will bear their own costs;
(b) if the work has been carried out to fulfil a CAO made in accordance with this Agreement,
the Access Seeker shall be liable for the costs as calculated in accordance with
Subsection K.3.2 and K.3.3 of the Code.

24. Traffic measurement and routing

24.1 Subject to any Special Conditions to the contrary the Parties shall be responsible for routing
traffic in the most practical and efficient manner that will result in the highest level of successful
conveyance overall, having regard to available capacity and known network faults and
congestion.

24.2 Both parties shall be responsible for the measurement of traffic entering and leaving their
respective networks at each POI/POP. Measurement may be undertaken on a continuous or
sampled basis, and the results shall be recorded and retained for inspection by the other Party
or other authorised persons in the event of disputes. Where measurement is on the basis of
sampling, sampled data should be representative and at reasonable intervals.

24.3 Subject to any Special Conditions to the contrary, the procedures for traffic measurement and
reporting shall be documented and contained in the agreed Operations and Maintenance
Manuals.

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25. System protection and safety

25.1 Compliance: The Parties shall adhere to the relevant guidelines, determinations or directions
issued by the Commission from time to time to the extent that they have not been expressly
revoked or are not inconsistent with any technical arrangements agreed to by the parties.

25.2 Prevention of technical harm: Each Party must take reasonable measures to ensure that the
Access Services do not cause physical or technical harm to the other Party's Network.

25.3 Technical Standards: Each Party must comply with the Section J.2 of Article J (Technical
Standards) of the Code.

25.4 No Interference: Neither Party must do anything, or knowingly permit any third person to do
anything, in relation to a network facilities, network services or equipment which:
(a) causes interference; or
(b) materially obstructs, interrupts or impedes the continuous use or operation of, the
network facilities, network services or equipment of the other Party.

25.5 Notice of interference and rectification: If one Party (Notifying Operator) notifies the other
Party that the other Party's network facilities, network services or equipment is causing
interference to the Notifying Operators network facilities, network services or equipment:
(a) the other Party shall rectify the situation so that no interference is caused within twenty
four (24) hours of receiving notice from the Notifying Operator; or
(b) if the other Party is not able to locate the source of the interference within twenty four
(24) hours under sub-clause 25.5(a), the other Party shall promptly notify the Notifying
Operator, and both Parties shall meet within twenty four (24) hours of such notice and
jointly examine each others network facilities, network services or equipment to locate
the source of the interference. Upon such location, then the provisions in sub-clause
25.5(a) shall apply.

26. Quality of Services & Standards

26.1 Quality of service: Unless otherwise specified in Schedule 26.1, the Access Provider shall
provide the Access Services to the Access Seeker, up to the level of service specified in Section
J.3 of Article J (QoS) of the Code.

26.2 Standards. The Parties agree to comply with the Standards set out in Section J.4 of Article J to
the Code, unless otherwise specified in Schedule 26.2.

27. Operation & Maintenance and Technical & Implementation
responsibilities

27.1 Operations & Maintenance (O&M) Responsibility. Subject to Schedule 2.5, each Party shall
be responsible for the operations and maintenance of its own network facilities and network
services.

27.2 O & M and T & I Manuals. All operations and maintenance and technical and implementation
activities shall be undertaken by the parties in accordance with the O & M Manual and the T & I
Manuals respectively, which are developed for their Agreement.

27.3 Within 30 days for the date of this Agreement the parties shall meet (as frequently as may be
necessary) to develop the O & M and T & I Manuals for the Access Services.

27.4 The Access Services O & M and T & I Manuals shall be completed within [180 days] after the
date of this Agreement. If the O & M and T & I Manuals are not developed by the said time, then
the Commission may on the request of the Access Seeker, direct the Access Provider to
develop the Access Services O & M and T & I Manuals.

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27.5 The conduct of operational and maintenance activities by both Parties shall not interfere with or
adversely affect the continued provision of the Access Services.

27.6 Monitor own Network.
(a) Each Party shall be responsible for monitoring its own network and for taking early
action to identify and prevent operations that may interfere with or disrupt the continued
provision of Access Services.
(b) Subject to any Special Conditions to the contrary, the Parties shall be responsible for
examining the operations of their own networks before reporting the existence of faults
to the other party.
(c) If the fault investigation of a reported fault reveals that the fault was not in the network of
one party, as claimed by the other, then the fair and reasonable costs of the
investigation may be recovered by the first party against the other.

27.7 Each Party shall be entitled to have reasonable access to Points of Interconnection and Points
of Presence to maintain their own equipment.

28. Fault Reporting

28.1 Fault reporting systems: Each Party shall establish and maintain a fault reporting service that
allows Customers who are directly connected to the Network of that Operator and to whom that
Party supplies services, to report faults relating to any Network or support system.

28.2 Customer notification: Each Party will advise all of its directly connected Customers to report
all faults to the fault reporting service described in sub-clause 28.1.

28.3 Non-discriminatory fault reporting and identification: The Parties shall
perform fault reporting and identification on a non-discriminatory basis.

28.4 Cross-referrals: If a Customer reports a fault to either Party:
(a) when the Customer is directly connected to the other Party; or
(b) which clearly relates to a Network or support system of the other Party, then the first-
mentioned Party must promptly inform the other Party of the reported fault, or refer that
Customer to the other Party' s fault reporting service.

28.5 Network fault responsibility: The Party in whose Network the fault occurs is responsible for
rectifying it and restoring services.

28.6 Transmission service faults: The Party that supplies transmission services is responsible for
maintaining and repairing that transmission service, notwithstanding that the transmission
service may be used in the other Party's Network.

28.7 Major inter-working faults: If a major fault occurs which affects a communication that crosses
or is to cross both Parties' Networks, initial responsibility for identifying the fault rests with the
Party who first becomes aware of the fault.

28.8 Faults affecting other Networks or Equipment: If a Party identifies a fault occurring in its
Network or with its network facilities which may have an adverse effect on the other Party's
Network, network facilities, network services or Equipment, the first-mentioned Party must
promptly inform the other Party of:
(a) the existence of the fault;
(b) the actions being taken by the first mentioned Party to restore service and to further
identify and rectify the fault; and
(c) the outcome of those actions.

28.9 Bear own costs: Each Party is responsible for establishing and maintaining a fault reporting
service at its own cost irrespective of the location of the fault.

28.10 Fault priority: Each Party shall give priority to faults which have:

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(a) the highest service loss impact in terms of the number of Customers affected; or
(b) those which have been reported on previous occasions and have recurred.

28.11 Fault rectification: Each Party shall rectify faults on a non-discriminatory basis.

28.12 Target times: Each Party shall respond to and rectify faults of a type listed in the following table
in accordance with the relevant response and rectification time frames:

Priority
Level
Fault Types (examples) Response Time Restoration Time
Level 1
1. Major switch outage
2. Transmission bearer total outage
3. Route blocking > 50%
4. Major signalling problem
5. Major routing issues
6. Fraudulent calls
1 hr 4 hrs

Level 2 1. Minor switch outage
2. Minor routing issue
3. Minor signalling problems
4. Route blocking 10%-50%
5. Cross line & silent calls
4 hrs 24 hrs
Level 3 1. Faults affecting single or small number
of Customers
2. Route blocking <10%
24 hrs 72 hrs
Level 4 1. Remote Congestion
2. External Technical Irregularities (ETI)
3. Other performance related issues
48 hrs 14 days

[These Explanatory Notes to sub-clause 28.12 are for convenience only and should be deleted
from the Agreement]:
(a) All faults reported shall be ascribed with a Priority Level as set out in the above table
for response, reporting frequency and restoration purposes and the Parties shall
cooperate with one another to achieve the given time targets based on the severity of
the fault reported.
(b) Some of the common Fault Types are listed as examples in the above table.
(c) Response Time refers to the time for the Party whose Network or service is faulty to
respond to and appropriately attend to the fault. Response Times are to be measured
from either the time the fault is notified by the Access Seeker or from the time when the
Access Provider first becomes aware of the Fault, whichever is the earlier.
(d) Restoration Time refers to the time taken by the Party to restore a faulty service and is
determined by the period between the reporting of a fault to the respective IFRC/NMC of
the Party and the restoration of the faulty service.

28.13 Hours of fault reporting and rectification: The Access Provider shall maintain a twenty-four
(24) hours a day, seven (7) days a week fault reporting and rectification service.

29. Planned maintenance notifications

29.1 Planned maintenance: If a Party (Maintenance Operator) intends to undertake planned
maintenance which may affect the other Party's Network, the Maintenance Operator must:
(a) provide at least ten (10) Business Days notice of the planned maintenance;
(b) use its reasonable endeavours to minimise any disruption to the carriage of
communications which cross or are to cross both Parties' Networks, and which are
caused by the maintenance or re-routing; and
(c) where practicable and agreed by the Parties, provide alternative routing or carriage at
no additional cost to the Access Seeker.

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29.2 Planned maintenance windows: A Party shall undertake planned maintenance within windows
of time agreed with the other Party, and where the windows of time for such planned
maintenance have the least effect on end-users

29.3 If scheduled maintenance requires the suspension, interruption or interference of the Access
Services, then the Access Provider shall (not less than 10 Business Days prior to
commencement of the schedule maintenance) notify the Access Seeker and shall consult with
the Access Seeker on the best ways to undertake the scheduled maintenance so as to minimise
such suspension, interruption or interference. The outcome of the consultation shall be noted in
writing, signed by the Parties and the Access Provider shall comply with the same. If the Access
Provider fails or neglects to comply with the agreed outcome then in such circumstances, the
Access Seeker may request and the Access Provider shall pay such compensation as is fair and
reasonable in the circumstances.

30. Emergency maintenance

30.1 Emergency maintenance: If a Party (Maintenance Operator) needs to undertake emergency
maintenance which may affect the other Party's Network, the Maintenance Operator must, if it is
able to:
(a) provide at least 24 hour notice of any emergency maintenance;
(b) use its reasonable endeavours to minimise any disruption to the carriage of
communications which cross or are to cross both Parties' Networks, and which are
caused by the maintenance or re-routing; and where practicable and agreed by the
Parties, provide alternative routing or carriage at no additional cost to the other Party.

Notwithstanding the above, the Maintenance Operator is authorised to take all reasonable action
immediately and without notice where the exigencies and gravity of the emergency reasonably
so require. In such event, the Maintenance Operator must give notice of such maintenance as
soon as practicable thereafter.

For the avoidance of doubt such reasonable action shall include entry to the facilities of the
Access Provider subject to the proviso set out in clause 19.7.

31. Emergency Services

31.1 In the event of the occurrence of a national emergency or disaster, which causes a substantial
increase in the utilisation of the Access Providers Network or the Access Seekers Network (as
the case maybe), then, the Parties shall take all reasonable steps to ensure that end users or
customers of both parties are able to make and receive short messages and voice calls (as the
case may be) for the duration of the national emergency or disaster.

31.2 The parties may agree to an Emergency Service Manual setting out the processes and methods
by which each party will cooperate with each other during the occurrence of such a national
emergency or disaster.

32. Fault Reporting

32.1 Scope of Ancillary Services: The scope and charges of the ancillary services provided by the
Access Provider are set out in Schedule 32.1 to this Agreement and shall be calculated in
accordance with Subsection K.3.2 and K.3.3 of Article K of this Code.

32.2 Invoicing: The Access Provider will invoice the Access Seeker for Ancillary Services Charges
on a bi-monthly basis. The invoice shall contain details of the charges and any supporting
documents, such as copies of the invoices of utility service providers.

32.3 Payment: Ancillary Service Charges shall be paid within [30] days from the receipt of the invoice
unless subject to a bona fide challenge or dispute by the Access Seeker. If so challenged or
dispute then the Access Seeker may initiate the adjudication process under Article I of the Code.

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33. Relationship management

33.1 Each Party shall establish and formally inform the other Party of its duly designated officers to
whom all queries and issues associated with this Agreement shall be addressed. Any changes
thereto will only be effective on similar formal notification. The details of the scope, responsibility
and roles of these officers shall be set out in Schedule 33.1 to this Agreement.

33.2 CAO Contact Point: All CAOs for Access Services are to be delivered to the named designated
representative of the Access Provider as set out below:

Contact Person E-mail Address Phone Number Fax Number

and any changes thereto shall only be effective as between the parties if the Access Provider
has notified the Access Seeker of the new designated representative of the Access Provider in
writing.

33.3 Technical matters. All issues relating to technical matters shall be referred to the designated
officers, whose scope, responsibility roles and details are as set out in the T & I and O & M
Manuals.

34. Providing and handling of information

34.1 The provision and treatment of all information that needs to be provided, collected and
exchanged under this Agreement, in order to implement the Agreement shall be subject to the
Confidentiality Provisions in clause 42.2.

34.2 Use of Ordering Information: All CAO information provided by the Access Seeker shall be
treated by the Access Provider as the Confidential Information of the Access Seeker, shall be
subject to Clause 42.2 and shall only be used by those persons within the Access Provider
whose role is within:
(a) the Access Providers wholesale or interconnection group; and
(b) that part of the Network engineering group of the Access Provider responsible for
interconnection, for the purpose of responding to and provisioning of the Order.

35. Billing and settlement

35.1 Bills and Charges:
(a) Unless otherwise agreed in writing, the Access Provider shall invoice in writing or in
electronic form within thirty (30) days from the end of the Billing Period for amounts due
in respect of the supply of the Access Services during the Billing Period. The Access
Provider shall provide with each Invoice, such information as may be reasonably
necessary for the Access Seeker to verify the rates and Access Charges specified in the
Invoice.
(b) The Invoicing Operator shall provide the Access Seeker at the Invoiced Operators
written request, with an aggregated summary of billings for access to the Services
provided to the Access Seeker in monthly tranches.
(c) The Operators shall, from time to time, inform each other of the mailing address and
the department to which the Invoice should be sent to and also their respective bank
account details for the purposes of enabling the other Operator to make payment.

35.2 Billing Information:
(a) The Invoicing Operator is responsible for obtaining information upon which the invoice is
based, and if the Invoicing Operator does not normally collect that information, the
Invoicing Operator shall obtain information which is reasonably necessary to allow the
Invoicing Operator to provide accurate and timely Invoice to the Invoiced Operator
subject to such terms and conditions as may be determined by the Invoiced Operator,
and if the Invoiced Operator provides such information, the Invoicing Operator

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undertakes that it will only use that information to verify its own interconnect usage
report.
(b) If the Invoiced Operator provides such information, the Invoicing Operator shall pay the
Invoiced Operator a reasonable fee to be determined by the Invoiced Operator. In the
event the Invoicing Operator requires a more detailed interconnect report or information,
the Invoicing Operator may request the same from the Invoiced Operator and such
details will be provided at a reasonable additional charge to be determined by the
Invoiced Operator PROVIDED ALWAYS that it is reasonably practicable for the Invoiced
Operator to do so.

35.3 Billing Error: If either Party discovers an error in an invoice, it must notify the Other Party and
the Party who made the error must make the necessary adjustments to correct that error in the
next Invoice.

35.4 Time of Payment:
(a) The Invoiced Operator must pay any amount due and owing to the Invoicing Operator
no less than thirty (30) days from the date of receipt of an invoice (Due Date).
(b) The Invoiced Operator to whom any Access Service is provided under this Access
Agreement, must pay the Invoicing Operator the applicable rates and Access Charges,
and on the terms and conditions set out or referred to, as the case may be, in this
Access Agreement.

35.5 Method of Payment: The Access Provider shall allow an Access Seeker to pay an Invoice by
by electronic transfer to the Invoicing Operator or by cheque to the nominated account(s) of the
Invoicing Operator and such payment must be accompanied by such information as is
reasonably required by the Invoicing Operator to properly allocate payments received, failing
which the Invoicing Operator shall have the absolute discretion to allocate payments received to
any amounts due .

35.6 Right to Set Off: The Access Provider shall only be entitled to set-off any amounts stated in any
Invoice and which is outstanding against any amounts owed to the Access Seeker:
(a) in the event the Access Seeker is in or goes into or threatens to go into liquidation or
passes a resolution to wind up; or
(b) there are at least 3 Invoices, unpaid by the Access Seeker

35.7 Right to Withhold Disputed Amounts: Notwithstanding anything to the contrary, the Access
Seeker may withhold payment of amounts disputed in good faith provided a Billing Dispute
Notice as set out in 36.1(a) is given within 21 days from the date of receipt of the disputed
Invoice. If the dispute is resolved against the Access Seeker, the Access Seeker shall, in
addition to paying the amount withheld, pay interest at the rate specified in Section 35.8 of this
Access Code.

35.8 Payment of Undisputed Amounts. Notwithstanding the Access Seeker has submitted a Billing
Dispute Notice, the Access Seeker shall pay the Access Provider the undisputed amounts of the
disputed Invoice within the time prescribed to pay under Section 35.4.

35.9 Interest Payments: The Invoicing Operator is entitled to the payment of interest, without
prejudice to any other rights of the Invoicing Operator. Interest on due and unpaid amounts is
payable (as well as before judgment and after judgement) at the rate of one percent (1%) per
annum above Malayan Banking Berhad Base Lending Rate (BLR) calculated daily from the Due
Date until the date of actual payment. Payments which are overdue by more than sixty (60) days
will bear interest at the rate of two percent (2%) per annum (as well before judgment and after
judgement) calculated from the Due Date until the date of receipt by the Invoicing Operator of full
payment. Further, the BLR rate to be used shall be the published rate prevailing on the date of
payment.

35.10 Provisional Billing:
(a) If the Invoicing Operator is unable to submit an Invoice for actual Access Charges for
any Services supplied in a Billing Period, then the Invoicing Operator may issue to the
Invoiced Operator an Invoice for a provisional amount based on the last Invoice

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(Provisional Invoice) (save and except for the first month commencing from Effective
Date) provided that the amount of the Provisional Invoice is no more than the average of
the most recent three (3) Invoices. Where there have not been three (3) past Invoices
for access to the Services, the Invoicing Operator may issue a Provisional Invoice up to
the full value of the amount based on the most recent Invoice. The Invoiced Operator
shall pay the Provisional Invoice by the Due Date. The Provisional Invoice will be
adjusted in the next invoice or as soon as practicable but not later than sixty (60) days
after the calendar month where the Access Charges were incurred or such other time
period as may be agreed in writing (Adjustment Period). If an adjustment is not made
within the agreed time period, the Invoiced Operator shall treat the Provisional Invoice
as the actual Invoice.
(b) The Invoicing Operator may issue to the Invoiced Operator for the Provisional Invoice for
a period of not more than three (3) successive Billing Periods.
(c) If the actual amount for a particular Billing Period is higher than the amount stated in
Provisional Invoice for the Billing Period, the Invoicing Operator shall invoice the
Invoiced Operator and the Invoiced Operator will pay in full such difference (free of
interest) by the Due Date of the said invoice.
(d) If the actual amount for a particular Billing Period is lower than the amount stated in
Provisional Invoice for the same Billing Period, the Invoicing Operator will reimburse
such difference free of interest by issuing a credit note.

35.11 Back Billing: The Invoicing Operator may include omitted or miscalculated Access Charges
from an earlier Invoice in a later Invoice or issue an Invoice for Access Charges which
previously have not been Invoiced provided that the Invoicing Operator is able to substantiate
the Access Charges to the Invoiced Operator and :-
(a) with respect to Access Charges for Interconnect Traffic, the inclusion or amendment is
made within:-
(i) two (2) months of the issuing of the original Invoice in which the omitted or
miscalculated Access Charges for Interconnect Traffic should have been included;
or
(ii) three (3) months from the calendar month in which the Call Communications were
made or other service provided, if there was no relevant original Invoice for
Interconnect Traffic.
(b) with respect to any other Access Charges (other than Access Charges for Interconnect
Traffic), the inclusion or amendment is made within three (3) months from the end of the
Billing Period for the Services provided.

For the avoidance of doubt, in the event the Invoicing Operator fails, neglects, or omits to submit
an omitted or miscalculated Access Charge in a later invoice, or fails, neglects or omits to submit
an invoice for any Access Charges within the time period specified in this Condition, then the
Operator shall be deemed to have waived and/or forfeited its right to make any further claims on
the said omitted Access Charge.

35.12 Billing Disputes: Where there is a Billing Dispute, the Parties shall comply with the dispute
resolution procedures in Article I of the Code. For the avoidance of doubt, the Access Seeker
shall not use the dispute resolution procedure in Article I to avoid or delay payment due to the
Access Provider where there is no genuine dispute.

36. Disagreement as to payments

36.1 Withholding of disputed amounts: The Access Provider shall allow the Access Seeker to
withhold payment of any amount disputed in good faith by the Access Seeker if:
(a) the Access Seeker notifies the Access Provider within twenty one (21) days from the
date of receipt of the invoice of such dispute (Billing Dispute Notice); and
(b) the Access Seekers notification specifies the following information :
(i) the reasons for which the Invoiced Party disputes the Invoice
(iii) all relevant evidence supporting the dispute ;
(ii) the amount in dispute;
(c) details required to identify the relevant Invoice and charges in dispute including:
(i) the account number;

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(ii) the Invoice reference number;
(iii) the Invoice date;
(iv) the Invoice amount; and
(v) billing verification information.

36.2 With respect to Charges for Interconnect Traffic only, the Parties agree that where there is a
discrepancy in:
(a) the call data, whether in the number of calls or duration of calls; or
(b) the amounts payable,

in an Invoice for a particular traffic month, a variance of up to [ parties to agree ] percent (%) of
the total Charges for Interconnect Traffic shall be acceptable and shall not be subject to a billing
dispute provided that such discrepancy is not a result of an error in charging principles or
applicable rates.

36.3 For the avoidance of doubt, the Invoiced Operator shall not use the dispute resolution procedure
in Article I to avoid or delay payment due to the Invoicing Operator where there is no genuine
dispute.

37. Term of agreement
There are two options for the MAF BoD to choose as a Model Terms.

[ OPTION 1: The following clause enables parties to determine the duration of the Access
Agreement. Its insertion does not require a Code Departure memo to be given and there is
provision for renewal of the existing term

37.1 Term. The term of the Agreement shall be [parties to specify duration] years from the date of
registration, and may be renewed in accordance with clause 37.2 below.

37.2 Renewal

37.2.1 If the Access Seeker intends to renew this Agreement, then the Access Seeker shall
notify the Access Provider within six (6) months prior to the expiry of the Agreement of
its intention to renew the Agreement.

37.2.2 The renewal notice shall be similar to the Official Request for Access as set out in
Section E.4 of Article E of the Code.

37.2.3 Upon receipt of the Renewal Notice the Parties shall meet to discuss and agree on, inter
alia, the Guaranteed Minimum Commitment of the Access Services taken and
provided under this Agreement, any additional Access Services or changes to the
current Access Services, and the prices for such Access Services (if required).

37.2.4 The meeting referred to in clause 37.2.3 shall be completed within three (3) month
prior to the expiry of the term of the Agreement, and if the Parties are unable to arrive
at an agreement, then either Party may initiate the Dispute Resolution Procedure as
set out in Article I of the Code.

37.2.5 Upon renewal of the Agreement, the Parties shall jointly submit a renewal statement to
the Commission setting out the following facts:
(i) the renewal of the Agreement;
(ii) the duration of the new term of the Agreement;
(iii) the changes (if any) to the Access Services to be provided by the Access
Provider;
(iv) the changes (if any) to the terms of the original Agreement;
(v) such other changes that are material.

37.2.6 The renewal statement shall be registered by the Commission, and upon such
registration the renewal of this Agreement shall be effective. ]

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OR
[ OPTION 2: Draws a distinction between termination of the Agreement and terminating the
Access Services, permits a periodic review where the term is perpetual or is longer than 3 years.
If this option is selected amendments should be made to the provisions in clause 2.1 and the
description of Schedule 2.1 to include the length of the period for the provision of the Access
Services. Caution incidental changes may be needed throughout the Code if this Option B is
selected.

37.1 Term. The duration for the provision of the various Access Service shall be specified in
Schedule 2.1 and the term of each Access Service shall cease on the expiry of the
specified duration, subject to the right of the Access Seeker to terminate such Access
Service by giving to the Access Provider not less than six (6) months prior notice of its
intention to do so, but such notice shall not be given until the after the [ first or second as
agreed by the Parties] anniversary of that Access Service.

Note: For the avoidance of doubt, the insertion of the duration is not considered a departure from
the Code which requires the submission of a Code Departure Memorandum as set out in
Section L.2.1 of Article L of the Code. Therefore the need to submit a Code Departure
Memorandum for this clause is dispensed with and not required.

37.2 Notwithstanding clause F.40.1 above, the Agreement may be terminated in accordance with
clause 39 of this Access Agreement.

37.3 Either Party may request in writing for a review of the whole or part of the Agreement (the
Requesting Party) once in any 12 months period but the first request for review shall not be
made in the first 12 months.

37.3 The request must be submitted by the Requesting Party to the other Party (the Responding
Party) not later than thirty (30) days before the anniversary of the Agreement; and must contain
the following-
(a) the areas of the Agreement that are to be reviewed;
(b) the reasons for the review and the changes proposed by the party seeking review; and
(c) nominate the persons in the Requesting Partys organisation responsible for negotiating
the review, including providing all relevant information.

37.4 The Responding Party shall acknowledge receipt of the request and shall, inform the Requesting
Party of the person in the Responding Partys organisation responsible for negotiating the review,
including providing all relevant information.

37.5 The representatives of the Parties shall, as soon as practicable, but no later than ten (10)
Business Days meet in good faith to discuss the changes and arrive at a consensus. The review
shall be discussed in good faith and completed expeditiously.

37.6 If the Responding Party does not agree to the request for review the Agreement, then the
Responding Party shall inform the Requesting Party of its decision and shall give its reasons for
not so agreeing. The Requesting Party may refer the refusal to the senior management of the
Parties for resolution in accordance with Sub-Sections I.5.2 to I.5.6 of the Code. Any Party who
is dissatisfied with the outcome of the meeting between the Senior Management, may escalate
the refusal to review to an adjudicator in accordance with Sub-section I.6. References to
dispute Sub-section I.6 shall be read as refusal to review and construed accordingly.

37.7 For the avoidance of doubt, a refusal to review does not preclude the Requesting Party to submit
a fresh request in the next twelve (12) month period.

38. Suspension of Access Services

38.1 The provision of the Access Services may be suspended in whole or in part in the following
circumstances:

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(i) where the operation of the Access Seekers Network materially and adversely affects
the normal operation of the Access Providers Network and the effect is likely to be of a
continuing nature;
(ii) where the operation of the Access Seeker's Network poses an immediate and material
threat to the safety of any individual, and the threat is likely to be of a continuing nature;
(iii) where the Access Seekers network facilities or the supply of a network service to the
Access Seeker poses an imminent threat to the property of the Access Provider, its
employees or contractors, and the threat is likely to be of a continuing nature;
(iv) There are two options for the MAF ACWG/BoD to choose as a Model Term for
clause 38.1(iv).

[OPTION 1:
(iv) where the Access Seeker has failed to pay the invoice to the Access Provider, in relation
to which there is no dispute, for a period of ninety (90) days after the due date of that
invoice, and the Access Seeker has not provided for any arrangement or provision for
making payment of the overdue invoice; ]

[OPTION 2:
(iv) where the Access Seeker has failed to pay the invoice to the Access Provider, in relation
to which there is no dispute, for a period of sixty (60) days after the due date of that
invoice, and the Access Seeker has not provided for any arrangement or provision for
making payment of the overdue invoice;
(v) Upon the occurrence of a Force Majeure Event that may reasonably prevent the
continued provision of the Access Services; or
(vi) where the Access Seeker requests in writing for such suspension.
(vii) if the Access Seeker commits a substantial and material breach of the terms of the
Agreement, and has failed to remedy or rectify the breach or take all reasonable steps to
do so despite being given thirty (30) days prior notice to do so, then the Access Provider
may suspend the provision of the Access Services after giving the Access Seeker thirty
(30) days prior notice of its intention to do so;

38.2 Process for suspension: In order to suspend the provision of Access Services the Access
Provider shall by notice in writing to the Access Seeker set out the circumstances creating a
need for suspension, and shall give the Access Seeker a reasonable opportunity, having regard
to the nature of the situation, to address those circumstances and resolve the matter, including
requesting a higher deposit to cover the Access Service in question and/or the other Access
Services provided by the Access provider to the Access Seeker. If the Access Seeker fails or
neglects to remove the problem or address the circumstances specified in the notice, the Access
Provider may, by thirty (30) days notice in writing, suspend the provision of the affected Access
Service. However the parties agree, that such prior notice shall be given in relation to the
circumstances outlined in paragraphs (i), (iv) and (v) of Sub-clause 38.1, and in all other cases
no prior notice is necessary.

38.3 If the Access Provider is aware or should reasonably be aware that the suspension of the
provision of the Access Services affects the operations of any third party, the Access Provider
shall advise that other third party in writing, and shall give the same prior notice as set out in
relation to the Access Seeker in Sub-clause 38.2 above.

38.4 Suspension shall come into effect on the day after the expiry of the notice period (if any) and on
the day following the written advice in other cases. Notwithstanding the above, the Access
Provider may take immediate steps to secure its network and the safety of any individuals,
employees, or contractors.

38.5 Effect of suspension: The effect of the suspension shall be:
(a) the Access Services to which it relates shall no longer be provided by the Access
Provider;
(b) the Term of the Agreement shall not be affected by the period of suspension; and
(c) the Access Provider shall not be liable to the Access Seeker for any losses that the
Access Seeker may have suffered as a result of the suspension.

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38.6 Reactivation: Once the event giving rise to the suspension has passed or has been rectified,
the Access Provider shall reactivate the Access Services within twenty four (24) hours after
receipt of a Reactivation Notice issued by the Access Seeker, unless otherwise agreed by the
Parties.

38.7 Suspension by Access Seeker for cause. If the Access Provider commits a substantial and
material breach of the terms of the Agreement, and has failed to remedy or rectify the breach or
take all reasonable steps to do so despite being given thirty (30) days prior notice do so, then
the Access Seeker may suspend the payment of any or all invoices issued by the Access
Provider without any liability for interests or late payment charges or any losses whatsoever,
after giving the Access Provider thirty (30) days prior notice of its intention to do so. In such a
case, the Access Provider shall not encash or call upon any bank guarantee, performance bond
or utilise any security deposit supplied by the Access Seeker.

38.8 Disputed Invoices. If the Access Seeker disputes an Invoice in accordance with clause 36, the
Access Provider shall not be entitled to suspend the provision of the Access Services for non-
payment under clause 38.1(iv) above, until the dispute is finally resolved.

39. Termination and Cessation

39.1 This Agreement may be terminated -
(a) by the Access Seeker upon the Access Seeker giving the Access Provider notice of its
intention to terminate the agreement. The period of the notice must not be less than [ 90
days].
(b) by either Party, if a Party commits a substantial and material breach of this Agreement
and fails to remedy the said breach despite being given thirty (30) days prior notice to
remedy the same, then the innocent Party may firstly suspend the Agreement for a
period of thirty (30) days in accordance with clause 38.1and if the substantial and
material breach continues despite such suspension, then the innocent Party may
terminate the Agreement on the expiry of thirty (30) days after the date of the notice of
termination; ]

39.2 Cessation: The Agreement shall cease to have effect upon the expiry of the Term, unless
extended by agreement of the Parties.

39.3 Consequences of termination or cessation: Upon termination or cessation of the agreement -
(a) all reasonable assistance shall be given by the Access Provider to maintain an unbroken
service equivalent to the Access Service for a maximum duration of 180 days, from the
date of termination, on payment in advance of the charges;
(b) each Party shall implement arrangements to expeditiously return any equipment,
documentation, software or other property that belongs to the other party;
(c) each Party shall allow the other access to take away its equipment, documentation,
software or other property if located in the first partys premises;
(d) all outstanding charges for the Access Service shall be paid by the Due Date;
(e) all amounts due on termination (as computed in accordance with Clause 39.4) shall be
paid by the Due Date; and
(f) within thirty (30) days of termination, refund or return the security deposit (as the case
may be), including any interests that may be accrued thereto on cash deposits paid to
the Access Provider.

39.4 Set Off. the Access Provider may off-set the amount in (d) and (e) above against any amount
due to the Access Seeker from the Access Provider as a result of a termination, and recover
from the Access Seeker the difference (if any).

39.5 Effect of termination:
(a) If termination is due to the fault of either Party, then the innocent Party shall be
compensated for all costs and expenses reasonably and directly incurred, including the
difference (if any) between the charges it would have incurred if the Agreement was not
terminated and the charges it will incur because of such termination. Compensation
shall be calculated on the basis that

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(i) the innocent party has taken all steps to effectively mitigate the loss suffered, and
(ii) the compensation does not include loss of profits or business.
(b) If the Access Seeker terminates the Agreement before the expiry of the Term,
then the Access Seeker shall pay to the Access Provider the amount of charges
that would have been payable under the Agreement (computed on the basis of the
Guaranteed Minimum Commitment less any consumed capacity).

40. Force Majeure

40.1 The further performance by the Parties including the performance of their obligations under this
Agreement will be suspended for the duration of the occurrence of a Force Majeure Event.
Should the Force Majeure Event last for more than ninety (90) days, then either Party may by
written notice to the other Party, terminate this Agreement.

40.2 No Party will not be deemed to be in default under this Agreement, or will be liable to other Party
for failure to perform any of their respective obligations under this Agreement (except for any
payment obligations to the Access Provider) for any period due to the occurrence of any Force
Majeure Event and which could not have prevented by reasonable precautions or could not have
been remedied by the exercise of reasonable efforts by the Party relying on the occurrence of
the Force Majeure Event to excuse performance of its obligations, provided that the exercise of
such reasonable precautions or reasonable efforts will not require the incurrence of any
substantial additional cost or expense.

41. Dispute resolution

All disputes disagreements or differences arising out of, in connection with or relating to the
Agreement shall be resolved in accordance with the procedures set out in Article I of the Code.

42. Intellectual Property, Confidentiality & Data Protection

42.1 The intellectual property rights of the Parties shall be recognised by each Party in particular
where the provision of the services to the end-customer.

42.1.1 IP Infringement Indemnity: Each Party shall indemnify the other Party (including
holding the other Party harmless) against all costs, damages and losses which may
be incurred or suffered, in respect of any claim, demand or legal proceedings relating
to the use of an intellectual property right by the other party (whether such claim,
demand or proceedings are in the form of infringement actions or otherwise), which
intellectual property right has been granted to that party to use pursuant to this
Agreement.

42.2 Confidentiality Obligations. Except as otherwise expressly provided in this Agreement, the
Parties agree that (i) all information communicated to one party by the other party and identified
as confidential, (or which the receiving party ought reasonably have known is confidential by
nature) whether before or after the date of this Agreement including without limitation information
relating to the business affairs of the communicating party, information relating to the network
plans of the party, marketing plans, business expansion and traffic volume forecasts, and (ii) all
information identified as confidential to which the receiving party has access in connection with
the provision of Access Services, after the date of this Agreement, will be and will be deemed to
have been received in confidence and will be used only for purposes of this Agreement, and the
parties agree to use the same means as it uses to protect its own confidential information, but in
no event, less than reasonable means, to prevent the disclosure and to protect the confidentiality
of the information. No such information will be disclosed by the either party without the prior
written consent of communicating party and such information shall only be disseminated on a
need-to-know basis; provided however, that receiving party may disclose such confidential
information to their respective legal advisers, auditors, insurers (if applicable), subcontractors
and full time employees who have a need to have access to such information in connection with

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their employment (or engagement, if applicable) by the parties, provided they execute a
confidentiality agreement.

42.3 Exceptions. Clause F.45.2 will not prevent the receiving party from disclosing information that
belongs to communicating party if such information:
(i) is publicly known or becomes publicly known through no unauthorised act of the
receiving party,
(ii) is rightfully received by the receiving party from a third party,
(iii) is disclosed without similar restrictions to a third party by the communicating party
owning the confidential information or
(iv) is required to be disclosed pursuant to Law or a court order or governmental authority. If
confidential information is required to be disclosed pursuant to a requirement of a court
order or governmental authority, such confidential information may be disclosed
pursuant to such requirement so long as the receiving party discloses the confidential
information, to the extent lawfully possible. However prior to disclosing such information,
the receiving party shall provide the communicating party with timely prior notice of such
requirement and the receiving party has exhausted all reasonable measures (whether
required by the communicating party or not) to maintain such confidential information in
confidence and the parties will cooperate with one another in an effort to limit the nature
and scope of such required disclosure. If confidential information is required to be
disclosed in connection with the conduct of any mediation or dispute resolution
proceedings carried out pursuant to this Agreement, such confidential information may
be disclosed pursuant to and in accordance with the approval and at the direction of the
mediator or other third party, as the case may be, conducting such proceeding.

42.4 Upon written request at the expiration or termination of this Agreement for any reason, all such
documented confidential information (and all copies) held by the receiving party will be returned
by the communicating party or or will be destroyed, with written certification being given to the
respective parties.

42.5 Data Protection: In relation to customer-related information, including but not limited to call
traffic records, the Parties agree to abide by and follow the processes and procedures set out
Articles 2.1 to 2.3 of Part 2 of the Consumer Code dated October 2003 (as may be amended
from time to time).

43. Assignment

Unless otherwise explicitly permitted in the Agreement, neither Party may assign the
Agreements or the benefits thereunder without the prior written consent of the other Party, which
consent shall not be unreasonably withheld.

44. Modification of agreement in defined circumstances

The Parties agree that modifications made to the Articles B, H, I and J of the Code will
automatically amend this Agreement notwithstanding its prior registration and the Parties shall
comply with such modified Articles. This Agreement will not be affected or amended by any
other change to the Code unless the Parties hereto specifically agree.

45. Cost and expense of preparing agreement

Each Party shall bear their own cost of preparing and negotiating this Agreement, except that
the Access Seeker shall pay the stamp duty imposed on the Agreement.

46. Changes in Law & Applicable law

46.1 Changes in Law: This Agreement shall be deemed to be affected by changes in the law to the
extent that such changes directly apply. If such a change in the law has the effect of rendering a
term unlawful, the Agreement will continue in effect with that term regarded as severed. If the

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Agreement cannot continue to be operated as originally intended with a term deemed to be
severed, the parties shall agree on an amendment that complies with the revised law, and,
failing such agreement, shall be considered to be in dispute for the purposes of the application of
Article I of the Access Code.

46.2 Applicable Law: The law governing the agreement shall be the Law of Malaysia as
administered in the Federal Territory of Kuala Lumpur, Malaysia.

47. Miscellaneous

47.1 Return of bank guarantee: The bank guarantee shall be returned by the Access Provider
immediately on expiry or termination of the agreement, after payment of such amounts as may
be due and payable to the Access Provider on the expiry or termination.

47.2 Good faith. The parties acknowledge that this Agreement is a long term Agreement, and that
the parties agree that whenever an issue arises which is not provided for expressly in this
Agreement, they will work together in good faith to resolve that issue consistently with the spirit
of this Agreement as embodied in their commitment set out in the Acension Agreement signed
by the parties to abide by the Code. However, to the extent the terms do not address a particular
circumstance or are otherwise unclear or ambiguous, those objectives may be considered in
interpreting such terms or addressing such circumstances

47.3 Each Party must do all things and execute all further documents necessary to give full effect to
this Agreement. Where this Agreement requires a party to notify a matter, the notification must
be in writing and delivered to the other party.

48. Special Conditions

48.1 The Special Conditions attached to this Access Agreement shall form part of this Agreement,
and shall supersede or supplement (as the case may be) these general conditions.

Section F.5 Schedules to the Access Agreement

F.5.1 The following schedules have to be developed by the parties to an Access Agreement. The
Code does not prescribe a fixed format for the schedules, and the Parties are free to agree on a
format that they jointly agree to.

F.5.2 There is no requirement for the contents of the schedules to be submitted to the MAF under the
Code Departure Memorandum as set out in Section L.2 of the Code. The MAF acknowledges
that contents of each schedule may include commercial in confidence material agreed by the
Parties to the Access Agreement.

F.5.3 The list of schedules to an Access Agreement are set out below. The schedule numbers
correspond to the clause numbers of the model term set out in Section F.4.

Schedules to the Access Agreement:

1. Schedule 2.1 List of Access Services, Access Changes and duration of Access Services
2. Schedule 2.5 Provisions to the contrary to clause 2.5
3. Schedule 3.1 List of POI / POP and their Locations
4. Schedule 12.1 Guaranteed Minimum Commitment
5. Schedule 13.2 Other information required by the Access Provider from the Access Seeker
under clause 13.2 (f)
6. Schedule 26.2 Compliance with specified standards other than in Section J.4
7. Schedule 13.5.4 Damages to delay under clause 13.5.4 [specify the per day rate]
8. Schedule 19.1 Location where co-location is available
9. Schedule 19.3 Other information required by the Access Provider under clause 19.3(g)
10. Schedule 26.1 Quality of Service levels for Access Services
11. Schedule 33.1 Scope, Responsibility and Roles Relationship Management

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12. Schedule 32.1 Ancillary Services to be provided by Access Provider
13. Schedule 35.1 Details to be contained in an invoice

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Article G Model Terms Special Conditions
This Article sets out the model special conditions. Each Section sets out the specific model special
conditions applicable to a particular Access Service to be provided by an Access Provider to an Access
Seeker.
Section G.1 Introduction

G.1.1. Purpose and application of the special conditions
The purpose of these model special conditions is to provide for specific terms applicable to
particular types of Access Services as set out below. These special conditions will
supplement the model general conditions set out in Article F. Parties are required to
determine if the model special conditions apply to the Access Services to be provided and
incorporate only those relevant special conditions into their Access Agreements.

G.1.2 New special conditions for new Access Services
As new Access Services are introduced into the Access List, MAF will review, amend, revise
and / or add to the model special conditions set out below in accordance with Article P of the
Code (Code Review).

G.1.3 Specific Terms and Procedures concerning Point of
Interconnection (POI)

G.1.3.1 General

This Subsection on POIs will apply to all Access Services where reference is
made to POI terms and procedures in this Section G.

G.1.3.2 Location of POI
(a) The Access Seeker may nominate a preferred POI location based on the
Access Providers published AIP; and the Access Provider shall provide
such nominated POI is the Access Seeker, unless such nominated POI
(i) is full
(ii) is technically not feasible.
(b) If the Access Seeker nominates a POI not published by the Access Provider
in its AIP, then within fourteen (14) days of receipt of such information, the
Access Provider shall either confirm such nomination or propose an
alternative POI. Upon receipt of the Access Provider, the parties shall meet
to discuss the matter as soon as possible. In default of agreement, the POI
will be the relevant gateway exchange in the Access Provider's network.
(c) POI Factors
When determining an A c c e s s Request the Access Provider may
have regard to the following:
(i) the Access Provider shall offer (but shall not require) POI for
every Closed
Number Area throughout Malaysia;
(ii) the Access Provider may offer more than one form of
interconnection in relation to a particular location (e.g. physical
interconnection and virtual interconnection);
(iii) the Access Provider shall not reserve space other than for its
own current needs, its future needs (calculated by use of a
reasonably projected rate of growth over 12 months and the needs
of other Access Seekers who are currently occupying or have
ordered additional space from that Access Provider;
(iv) the Access Provider shall offer interconnection and co-location at any

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other technically feasible point; and
(v) any possible re-arrangement of its equipment configuration to
eliminate space inefficiencies
(d) The technical consideration for determining the locations for POIs by the
Access Provider shall include the following:
(i) whether switching and transmission facilities have the capacity to
interconnect with other networks;
(ii) timely and efficient deployment of sufficient capacity of links to
support the required grade of service to Customers; and
(iii) preservation of network security.
(e) Third Party Point of Interface. An Access Provider shall permit an Access
Seeker to nominate a POI of a third party for the purposes of
interconnection between the Access Provider and the Access Seeker
provided that the Access Seeker remains responsible for the costs of such
interconnection.

G.1.3.3 Criteria for Establishing a New POI
(a) Prior to accepting the establishment of a new POI/POP, the Access Seeker
and Access provider shall cooperate in assessing the capacity of an existing
POI and comply with the following:-
(i) the Access Seeker shall in good faith submit forecast of its 12
month requirement including traffic and circuit forecast, and
i nterconnect capacity requirement at the proposed new POI;
(ii) Indicate the number of routes and nodes that will be served by the
interconnect capacity that is provided at the proposed POI/POP;
(iii) specify whether the method of provisioning is physi cal , in-span or
virtual co-location; and
(iv) determine the availability of the switch capacity at the nodes, or in
the case of POP, the associated switch.
(b) For an in-span interconnection, the connection shall be provided by any
means agreed between the Access Seeker and Access provider (which may
include copper cable, optic fibre or microwave) depending on the location,
speed or other reasons. For an interim period until a permanent solution is
effected, microwave l i nks or other methods may be used to provide t he
Interconnection.
(c) The following criteria shall also be considered for in-span Interconnection:
(i) the number of E1s of the installed POI capacity for each Access
Seeker shall be based on the Capacity Allocation Pol icy;
(ii) the in-span fibre connection shall be at a point mutually agreed ;
(iii) the number of other nodes to be served by this POI capacity;
(iv) in the event the Access Seekers microwave equipment is used the
Parties shall mutually resolve all compatibility issues with the Access
Providers equipment.

G.1.3.4 Lack of Space
If there are space constraints at a particular location, the Access Provider shall
take reasonable steps to optimise its usage of the space through the application
of the various policies set out in Sections B.2 and B.3 of the Code, including
through the upgrading of Facilities subject to such upgrading cost being shared
by the Access Seeker in accordance with Section K.3 of the Code UNLESS
such upgrading is done by the Access Provider in the normal course of business.

Section G.2: Special Conditions for Fixed Network Origination Service

The conditions listed below are Special Conditions that will apply to the Access Service called Fixed
Network Origination Service :

G.2.1 Location of POI and Criteria for Establishing a New POI
The process and procedures set out in subsection G.1.3 of the Code relating to POIs shall
be applicable for this Section G.2.

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G.2.2 Procedure for determining availability of capacity at POI
On receipt of the information set out in Paragraph G.2.1 of the Code, above, the Access
Provider shall determine whether existing POIs in the area nominated by the Access Seeker
have the capacity to carry the traffic forecast. The Access Provider shall do so in
accordance with the procedures set out in Article B.3 of this Code.

G.2.3 Facility Ordering Procedure
(a) The interconnection links and related ports required to support the interconnection and
carriage of the forecast interconnected traffic at the POI shall be forecast for the same
period as the traffic and those forecasts shall be included in the forecasts provided by
the Access Seeker to the Access Provider.
(b) Interconnection links and related ports shall be ordered by the Access Seeker for
provision by the Access Provider using the Advance Notification Order and Confirmed
Access Order procedures outlined in Article F of this Code.
(c) Nothing in this Special Condition G.2 shall oblige the Access Seeker to order
interconnection links from the Access Provider if the Access Seeker is entitled to provide
the links itself.
(d) If the Access Seeker has its own interconnection links, then the Access Provider may
not insist on the Access Seeker obtaining interconnection links from the Access Provider.
(e) If the Access Seeker does not have its own interconnection links, then the Access
Provider may insist that it obtain such links before Access Services are provided, and
may require that the Access Seeker obtain and pay for such links from the Access
Provider.

G.2.4 Procedure for allocating capacity amongst different access
seekers

Where the capacity available at a POI is insufficient to satisfy the requirements of all access
seekers including the Access Seeker using that POI, the capacity may be allocated by the
Access Provider according to the capacity allocation formula set out in Article B Sub-section
B.3.2 of the Code.

G.2.5 Trouble Reporting
(a) Both Parties shall be responsible for monitoring the operation of the POI in order to
detect any fault conditions associated with the interconnection operation at the earliest
time.
(b) Where faults occur the Party that identifies the fault shall examine its own operations to
ensure that the fault is not occurring within its own network.
(c) The Party identifying the fault (the first party for the purposes of this sub-clause) shall
advise the other Party immediately. Where the fault is occurring in the first Party's
network the first party shall advise the other Party of its estimate of the time to correct
the fault and, if appropriate, service restoration will take. Where the fault is not occurring
in the first Party's network the first party shall request and receive from the other Party
an estimate of the time to correct the fault and, if appropriate, the time service
restoration will take.
(d) The Parties shall undertake fault correction and service restoration in accordance with
the performance standards outlined in this Section of the Code. Trouble reporting shall
otherwise proceed in accordance with Article F of the Code.

G.2.6 Handover principles

For this Access Service, each Party shall handover interconnected calls to the other Party
on the basis requested by the Access Seeker, unless otherwise agreed, at the POI or POP.

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Section G.3: Special Conditions for Equal Access (PSTN) Service

The conditions listed below are Special Conditions that will apply to the provision of access services that
take the form of services involving the carriage of communications, for Equal Access (Fixed Network)
Service.

The process and procedures set out in subsection G.1.3 relating to POIs shall be applicable
for this Section G.3

On receipt of the information set out in Paragraph G.3.1, above, the Access Provider shall
determine whether existing POIs in the area nominated by the Access Seeker have the
capacity to carry the traffic forecast. [The Access Provider shall do so in accordance with
the procedures set out in Article B.3 of this Code.

the links itself.
Provider.

seekers
Access Provider according to the Capacity Allocation Policy set out in Article B sub-section
B.3.2 of this Code.


time.

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Section G.4: Special Conditions for Fixed Network Termination
Service

take the form of services involving the carriage of communications, for Fixed Network Termination
Service.

The process and procedures set out in subsection G.1.3 relating to POI shall be applicable
for this Section G.4.


capacity to carry the traffic forecast. The Access Provider shall do so in accordance with the
procedures set out in Article B.3 of this Code.

the links itself.
Provider.

seekers

Access Provider Access Provider according to the Capacity Allocation Policy set out in
Article B sub-section B.3.2 of this Code.


time.


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advise the other Party. Where the fault is occurring in the first Party's network the first
party shall advise the other Party of its estimate of the time to correct the fault and, if
appropriate, service restoration will take. Where the fault is not occurring in the first
Party's network the first party shall request and receive from the other Party an estimate
of the time to correct the fault and, if appropriate, the time service restoration will take.



Section G.5: Special Conditions for Mobile Network Origination
Service

take the form of services involving the carriage of call communications, for Mobile Network Origination
Service.


.

Article B.3 of this Code.


the links itself.
Provider.

seekers

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B.3.2 of this Code.


time.


For this Access Service, each Party shall handover interconnected calls to the other Party on the basis
requested by the Access Seeker, unless otherwise agreed, at the POI or POP.

Section G.6: Special Conditions for Mobile Network Termination
Service

take the form of services involving the carriage of communications, for Mobile Network Termination
Service.







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the links itself.
Provider.

seekers

B.3.2 of this Code.


time.



Section G.7: Special Conditions for Interconnect Link Service

G.7.1 Advice on provision of service

The Access Provider is responsible for providing all or part of each Interconnect Link Service,
at the option of the Access Seeker. The Access Seeker shall advise the Access Provider of
the manner in which the service is to provided at the time that access is requested, and shall
be responsible for advising any changes in relation to such services after the POI has been
established.

Section G.8: Special Conditions for Private Circuit Completion
Service

(a) There are no model special conditions for this Access Service. Parties are at liberty to
agree on any special conditions as required.

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Section G.9: Special Conditions for Domestic Network Transmission
Service

G.9.1 Provision of information

(a) There are no model special conditions for this Access Service, Parties are at liberty to
agree on any special conditions as required.

Section G.10: Special Conditions for Internet Access Call Origination
Service

take the form of services involving the carriage of call communications, including Internet Access Call
Origination Service.




determine whether existing POPs in the area nominated by the Access Seeker have the


carriage of the forecast interconnected traffic at the POP shall be forecast for the same
the links itself.
Provider.

seekers

B.3.2.

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time.

Section G.11: Special Conditions for 3G - 2G Domestic Inter-Operator
Roaming Service

take the form of services involving the carriage of call communications, to enable 3G - 2G Domestic
Inter-Operator Roaming Service.


.



(c) Nothing in this Code shall oblige the Access Seeker to order interconnection links from
the Access Provider if the Access Seeker is entitled to provide the links itself.
Provider

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seekers

Where the capacity available at a POI is insufficient to satisfy the requirements of all Access
Seekers using that POI, the capacity may be allocated by the Access Provider according to
the Capacity Allocation Policy set out in Article B sub-section B.3.2.


time.
(b) Where faults occur the party that identifies the fault shall examine its own operations to
network the first party shall advise the other of its estimate of the time that fault
correction and, if appropriate, service restoration will take. Where the fault is not
occurring in the first Party's network the first party shall request and receive from the
other party an estimate of the time that the fault correction and, if appropriate, the time
service restoration will take.

The Parties shall undertake fault correction and service restoration in accordance with the performance
standards outlined in this Section of the Code. Trouble reporting shall otherwise proceed in accordance
with Article F of the Code.

Section G.12: Special Conditions for Inter-Operator Mobile Number
Portability Support Services

Note : Mobile Number Portability is currently subject to a implementation study by the MCMC, and the
special conditions stated below will be subject to processes and procedures that are ultimately
directed/mandated by the MCMC on completion of its study. The MAF will undertake a review of this
Section on completion of the study by the MCMC.

G.12.1 Access Provider and Access Seeker

For the purposes of this Section, the Access Provider is the provider of the inter-Operator
porting service and is the losing provider of the end-user service. The Access Seeker is the
acquirer of the inter-Operator porting service and is the gaining provider of the end-user
service.

G.12.2 Equivalence of service

The Access Provider shall provide all aspects of the inter-Operator MNP Support Service to
the Access Seeker based on an equivalence of service, where any differences in quality,
reliability, services or features in relation to a ported number compared with a non-ported
number will not be apparent to a customer or, if apparent, will not affect the customers
choice of Operator.

G.12.3 Minimal interruption

Subject to such guidelines as may be issued by the MCMC from time to time, the Access
Provider shall provide the inter-Operator MNP Support Service to the Access Seeker with
minimal interruption to end users between the termination of an old service and the
activation of a new service.

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G.12.4 Scope of Inter-Operator processes

The scope of Inter-Operator processes for the purposes of this Agreement are as follows:
(a) service activation/cancellation;
(b) porting processes;
(c) service assurance;
(d) customer billing; and
(e) interconnect billing.

G.12.5 Service activation

The Parties, where they are relevant Operators for this service, shall perform the following
service activation or cancellation activities as part of the inter-Operator process service:
(a) advising all relevant Operators of the Mobile Station International ISDN (MSISDN)
number to be ported;
(b) entering the Access Seekers identity in the relevant network databases in timeframes to
enable the port to occur in a timely fashion;
(c) issuing a new SIM card to the end user;
(d) implementing all necessary arrangements in billing and Operator interconnection
systems to facilitate porting;
(e) ensuring transition of all relevant services to the Access Seeker, such as voice mail,
SMS and MMS.

G.12.6 Porting process

The Access Provider and Access Seeker shall perform the following porting process
activities as part of the inter-Operator process service:
(a) the Access Seeker shall notify the Access Provider of the MSISDN number to be ported;
(b) the Access Provider shall verify the service details and customer authorisation prior to
implementation;
(c) the Access Seeker shall recognise and activate the new MSISDN in its network of the
end-user which has ported its number to the Access Seekers service;
(d) the Access Provider and Access Seeker shall ensure that there is a seamless transition
between the services provided by the Access Provider and the Access Seeker;
(e) once the number has been ported, the Access Provider may cancel the services of the
end-user that has ported its services to the Access Seeker.

G.12.7 Other services

The Access Provider and the Access Seeker, where they are relevant Operators, shall
perform the following service assurance, customer billing and interconnect billing services as
part of the inter-Operator process service:
(a) implement reporting and fault diagnosis and clearance systems to cater for the correct
identification of ported services;
(b) immediately after porting, update customer billing systems to enable preparation of a
final bill by the Access Provider;
(c) ensure that their interconnect billing systems will cater for inter-Operator porting.

G.12.8 Technological solutions

The Access Provider and the Access Seeker shall ensure that any technological solution to
be developed by them to implement mobile number portability will satisfy the requirements
set out in sub-sections G.12.1 aznd G.12.2 above. In addition, such a solution shall:
(a) be cost effective;
(b) have a minimum post dial delay having regard to cost-effectiveness;
(c) permit the processes in sub-sections G.12.5 and G.12.6 to be implemented in an
efficient manner;
(d) have application across all mobile technologies; and
(e) to the extent possible, be compatible with relevant international standards.

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G.12.9 Routing and signalling

The Access Provider and Access Seeker shall have in place sufficient processes to enable
routing and signalling including:
(a) number register management Each Party shall maintain an accurate register of mobile
service numbers that specifies the number ranges originally allocated to it and the
ported status of each number. The purpose of the register is to enable the correct and
efficient routing of calls to each ported number and must not be used for any other
purpose, including marketing purposes;
(b) efficient routing Each Party (in its capacity as the Access Provider) shall enable call
completion to the mobile service number by routing the call appropriately and in the
most efficient manner. This may include direct or donor routing, or via third party transit,
but shall not in any event prevent the provision of equivalence of service; and
(c) inter and intra-network signalling Depending on any technical solution developed by
the Parties, they shall ensure that existing signalling capabilities are enhanced or
modified in order to facilitate that solution. This includes signalling to any internal or
external reference databases (including the register of mobile service numbers) to
support efficient routing.

G.12.10 Agreement to review agreement

The Parties agree to negotiate in good faith for the provision of Inter-Operator Mobile
Number Portability Support Services, necessary for the effective implementation of that form
of Mobile Number Portability determined by the MCMC. Such services shall include, but not
be limited to:
(a) processes to support the implementation of a port;
(b) the implementation of technological solutions determined appropriate for the
conveyance of ported calls; and
(c) routing and signalling arrangements associated with ported calls.

Section G.13: Special Conditions for Domestic Connectivity to
International Service

G.13.1 Modularity

The Access Provider shall offer the Access Seeker each Domestic Connectivity to
International Service on an unbundled basis.

G.13.2 Any Cable System

The Access Provider shall provide connection services to the Access Seeker:
(a) in respect of a cable system which the Access Seeker is authorised to connect to,
irrespective of whether that Access Seeker is authorised by a third party or by itself;
(b) to enable transit between cable systems, in accordance with the Construction &
Maintenance Agreement (C&MA) of the respective cable systems.

G.13.3 New Cable Systems

Subject to the Construction & Maintenance Agreement (C&MA) of the respective cable
systems, and to applicable laws, the Access Provider shall provide the Access Seeker each
Domestic Connectivity for International Service on a transparent and non-discriminatory
basis in respect of all existing and new cable systems to which the Access Provider has
access. Such services must be provided from the ready-for service date of the relevant
cable system.

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G.13.3 DCTI at Earth Stations

The Access Seeker must provide sufficient evidence that it has a satellite transponder lease
agreement from any satellite owner. In addition, the Access Seeker must procure a
connection service from the Access Provider to its satellite equipment.

G.13.4 Location of POI and Criteria for Establishing a New POI.





Provider.

seekers

the Capacity Allocation Policy set out in Article B sub-section B.3.2 of the Code.


time.

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Section G.14: Special Conditions for Network Co-location Service

G.14.1 Co-location at Satellite Ground Station

The Access Provider shall be responsible for advising the Access Seeker of the satellite that
the Access Provider is using in cases where the Access Seeker requires antenna sharing to
access the Access Seeker's transponder.

Section G.15: Special Conditions for Digital Subscriber Line Resale
Service


The Access Seeker shall provide the Access Provider at the time of application for access
with
(a) information identifying (using directory service number or other commonly available
means of identification) the subscriber service over which a Digital Subscriber Line
Resale Service is sought;
(b) specification of the technical characteristics of the Digital Subscriber Line Resale
Service to which access is sought, chosen from amongst the Digital Subscriber Line
service types supplied by the Access Provider to the end-customer market; and
(c) an authority in writing signed by the subscriber authorising the Access Seeker to provide
it with a Digital Subscriber Line Service on a Digital Subscriber Line Service Resale
basis from the Access Provider, and authorising the Access Seeker to deal on its behalf
on all matters associated with DSL service provision with the Access Provider.

The parties shall agree on the form of subscriber authority suitable for the purpose mentioned above and
incorporate the form into this agreement.

Section G.16: Special Conditions for Network Signaling Service


with
(a) information identifying the POIs at which the service is to be provided; and
(b) the network signalling information to be conveyed by the Access Provider.

Section G.17: Special Conditions for ANE Services

The purpose of these Special Conditions is to provide for particular access agreement conditions for
Bitstream Services (with and without Network Service).

G.17.1 Access to network information

At the Access Seekers request, the Access Provider must, subject to the information and
other systems that it operates, exercise reasonable endeavours provide the following
network information to that Access Seeker:
(a) The basic information on the cabling system including but not limited to:
i) list and/or map of MDFs including total number of useable loops and number of
loops in use;

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ii) data on known disturbers per MDF and per cable;
iii) line distribution per MDF (weighted average distribution);
iv) general information concerning cable characteristics including typical type and
quality of cable (e.g. diameter, results from quality tests that have been conducted,
number of lines, technical interference control and spectral management plan);
v) statistical information about the network e.g. loop characteristics;
vi) standard spectrum masks and/or list of approved systems;
vii) availability of co-location space and type;
viii) availability of power;
ix) availability of space at MDF;
x ) co-location environmental services (such as air conditioning, uninterruptible power
supply, security).
(b) the detailed information on the cabling system including:
i) latest update of information in addition to line distribution per MDF, described in
5.24.3(a)iii, where the Access Seeker wants to have access;
ii) location (physical address information) associated with the MDFs and the name of
the associated local switch and/or number ranges associated with MDFs;
iii) exact customer coverage of each MDF;
iv) detailed information concerning loop characteristics, any known limitations or
incompatibilities;
v) results of any DSL tests;
vi) any foreseeable limitations of space for MDF extensions;
vii) detailed description of procedures and conditions relating to requested form of ANE.
(c) the detailed information on access to MDF including:
i) type of access proposed by Access Provider, either:
(A) directly on the MDF; or
(B) in-house on HDF (distance, cable type and size (number of pairs)); or
(C) outside (remote) on HDF (distance, cable type and size (number of pairs)); or
(D) cable entry points and capacity available.
(d) the detailed information on co-location including:
ii) availability of co-location space and type, detailed floor plan, if space is required by
the Access Seeker;
iii) co-location environmental services (such as air conditioning, uninterruptible power
supply, security), technical constraints (if any), terms and conditions of use; and
iv) conditions of physical access to the facilities.

G.17.2 Interface to Operational Support System (OSS)

To the extent reasonably possible, the Access Provider shall make available to the Access
Seeker access to its OSS for ordering, maintenance and repair and billing purposes.

G.17.3 Ordering and provisioning procedures

To the extent possible, procedures developed by the Access Provider for ordering and
provisioning shall be transparent and non-discriminatory. The Access Provider shall install
an electronic for submission and processing of the ANE Orders as far as this serves to
increase efficiency. This interface may also be used for fault reports. The development of
electronic interface shall be undertaken jointly by the Access Provider and the Access
Seeker.

G.17.4 Access to the Access Provider's OSS

To the extent possible, having regard to system design and practical operation, access to
the Access Providers OSS shall be granted to the Access Seeker on equitable and non-
discriminatory terms. In order to allow access, the Access Provider shall provide technical
specifications concerning an interface between its own and the Access Seekers systems.

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G.17.5 Activation times

The Access Provider shall comply with the following activation timelines for access to each
of the elements of the ANE Services are as follows:

Access Service Activation Timelines
Full Access Service 2 Business Days from receipt of a request and all
relevant supporting documentation
Line Sharing Service 2 Business Days from receipt of a request and all
Bitstream Service (with Network
Service)
5 Business Days from receipt of a request and all
Bitstream Service (without Network
Service)
5 Business Days from receipt of a request and all
Sub-Loop Service 2 Business Days from receipt of a request and all

G.17.6 Fit for purpose local loops

The Access Provider shall use all reasonable endeavours to provide local loops to an
Access Seeker that are fit for the purpose for which they are to be used by the Access
Seeker. Where they are not fit for purpose, the Access Provider shall make available
alternatives at no extra cost to the Access Seeker.

Section G.18: Special Conditions for Internet Interconnection Service

G.18.1 Route advertising

The Access Provider shall advertise all available IP addresses of the Access Provider and
its customers through its network facilities. The Access Provider shall also confirm all
advertised routes on request by an Access Seeker except routes where the Access
Providers customers have specifically requested otherwise.

G.18.2 Route plans

The Access Provider shall publish its routing plan and make available such routing plan (and
any amendments thereto) to the Access Seeker on request.

G.18.3 Redundancy

The Access Provider shall establish alternative routing paths in the case of a failure on a
particular link or route.

G.18.4 Location of POI and Critiria for Establishing a New POI




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Provider.

seekers

the Capacity Allocation Policy set out in Article B sub-section B.3.2 of the Code.


(a) Both Parties shall be responsible for monitoring of the operation of the POI in order to
time.


Section G.19: Special Conditions for Broadcasting Transmission
Service


with information on
(a) the locations to be connected by each such service; and
(b) the capacity of each such service

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Section G.20: Special Conditions for Digital Terrestrial Broadcasting
(DTB) Multiplexing Service

G.20.1 Bitrate allocation

The Access Provider shall specify a standard bitrate allocation suitable for a standard
definition television broadcasting service with associated stereo audio, which shall be no
less than 4.5 Mbps. The Access Provider shall also specify a standard bitrate allocation
suitable for a high definition television broadcasting service. The Access Provider shall
allocate to each Access Seeker the specified standard bitrate allocation (whether for
standard definition or high definition television) except if a lower quality of service is
requested by the Access Seeker.

G.20.2 Encryption

The Access Provider shall only apply conditional access to the Access Seekers Transport
Stream if specifically requested to do so by the Access Seeker.

G.20.3 Redundancy

The Access Provider shall provide redundancy in respect of the DTB Multiplexing Service to
ensure availability of the Access Seekers service at all times requested.

G.20.4 Compression

The Access Seeker shall provide its Transport Stream to the Access Provider at the
standard bitrate allocation specified by the Access Provider, including digital compression as
appropriate.


with information on the locations of the digital multiplexers proposed to be accessed by the
Access Seeker.

Section G.21: Special Conditions for Infrastructure Sharing

G.21.1 Infrastructure sharing

For the purpose of these Special Conditions, infrastructure sharing means access to towers
and associated tower sites. The parties undertake to consider additional Special Conditions
that may be required if the MCMC determines that infrastructure sharing shall include
access to other infrastructure facilities.
G.21.2 Exchange of Information

(a) The Access Provider must, on request from the Access Seeker, advise the Access
Seeker of the dimensions of available space on each tower or associated tower site
covered in the request, and the load that the tower is able to bear without reinforcement.
(b) The Access Seeker must, when applying to the Access Seeker for the attachment of
equipment to the structure of a tower owned and /or managed by the Access Provider,
provide the following information:
i) the physical dimensions of the external boundaries of the equipment when installed;
ii) the weight of the equipment when installed;
iii) the radio frequencies at which the equipment operates;
iv) the power consumption of the equipment when operational;

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v) the proposed location of the equipment on the tower and the orientation of the
equipment at that location; and
vi) any other information that the Access Provider may reasonably need to determine
the probable loading and potential interference both by and to the equipment if
installed on the Access Provider's tower.

G.21.3 Response to an application for installation on an Access
Provider's tower

(a) The Access Provider shall advise the Access Seeker within 10 working days if the
equipment that the Access Seeker proposes to install in the tower may be installed, and
i) if so, confirm where, on the tower, the equipment may be installed to meet the
operating needs expressed by the Access Seeker, and, if required, the need for
structural reinforcement of the tower to bear the weight of the equipment involved;
and
ii) if not, the reason why the equipment cannot be installed as requested.
(b) The only reasons why an Access Provider may reject an application by an Access
Seeker to install equipment on a tower are:
i) the tower cannot bear the weight of the equipment proposed to be installed upon it,
and cannot be reinforced in order to do so;
ii) there is no room on the tower for the equipment proposed to be installed because of
equipment that, at the time of the application, had already been installed or in
relation to which irrevocable commitments had been given in writing to other Access
Seekers, and it is not feasible to rearrange existing installed equipment on the tower
to make room for the equipment proposed to be installed by the Access Seeker.
iii) Where the Access provider has not obtained the necessary local authority or other
approvals with regard to the site in question. However, upon obtaining such
approval, the Access Provider must notify and offer Access to those Access
seeker(s) who have previously requested Access to such tower in accordance with
the Queuing Policy.
(c) If, further to paragraph 1.3 above, structural reinforcement of the tower is required to
permit the installation on the tower of the equipment as proposed by the Access Seeker,
the parties shall negotiate in good faith to agree on the extent and cost of such
reinforcement. The cost, once agreed, shall be borne by the Access Seeker and shall
be paid on completion of the applicable work.

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Article H Technical & Implementation and Operations &
Maintenance Obligations
Section H.1 Introduction
H.1.1 Structure. The Technical & Implementation (T&I) and Operations & Maintenance
(O&M) matters affecting each of the Access List items comprises of two parts, (i) T&I
and O&M obligations and (ii) T&I and O&M processes & procedures. The Code
addresses the T&I and O&M obligations whilst the T&I and O&M processes and
procedures will be contained in the T&I and O&M Manuals developed and maintained by
each Access Provider in conjunction with the Access Seeker.

H.1.2 T&I and O&M Obligations. The obligations of the parties in dealing with matters
concerning T&I and O&M as they affect the various Access List items are set out as part
of Article F and G and will be part of the Access Agreement.

H.1.3 T&I and O&M Processes & Procedures (the T&I Manual and O&M Manual). The
Code recognizes that each Access Provider has developed its own T&I Manual and O&M
Manual in respect of the provision of each of the Access Services in the Access List. In
that regard, the relevant process and procedures in the T&I and O&M Manuals will be
incorporated by reference to the Access Agreement to manage the processes and
procedures with respect to each Access List item.

H.1.4 Content of T&I and O&M Manuals. Notwithstanding the foregoing, all T&I and O&M
Manuals developed by Access Providers shall be drafted in such a manner that:
(a) it does not deny or delay the provision of access to Access Seekers who have an
Access Agreement with that Access Provider.
(b) it does not in any way directly or indirectly contradict, defeat or over-ride
obligations contained in the Code or the Access Agreement;
(c) it does not incorporate onerous or tedious processes that have the effect of
delaying or denying the provision of the Access Services.

H.1.5 Conflicts. In the event of a conflict differences or contradiction between the Access
Agreement (and/or the Code provisions) and the T&I and O&M Manuals, the Access
Agreement shall prevail. Similarly any MCMC Determination which deals with any matter
covered under the T&I Manual and/or the O&M Manual, will take precedence over these
manuals or the Access Agreement.

H.1.6 MAF Developed T&I Manual and O&M Manual. MAF may develop a single industry
wide T&I Manual and O&M Manual. Once these manuals are developed and agreed to
by all members of MAF, all subsequent Access Agreements will be governed by these
manuals and the member-specific T&I Manual and O&M Manuals will cease to apply.

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Article I Dispute Resolution Process
Section I.1 Introduction
I.1.1 The dispute resolution process set out in Section I.4, I.5, I.6 to I.11 below, shall apply in relation
to either a Standard Access Dispute as set out in Section I.2 or Specific Access Dispute as set
out in Section I.3 of the Code. The standardisation of the dispute resolution procedure provides
a common mechanism for both the Access Provider and the Access Seeker to resolve their
disputes efficiently. The dispute resolution process is represented in the figure below:

Section I.2 Standard Access Disputes

I.2.1 The following disputes or differences are categorised as Standard Access Disputes:
(a) differences, dispute, controversy or claim of any kind or nature arising under or in
connection with the Access Agreement (including disputes as to the creation, validity,
interpretation, breach or termination of the Access Agreement);
(b) Technical disputes arising during the course of negotiation and/or implementation of
the Access Agreements;
(c) Billing Disputes as defined in sub-section I.2.4 below;
(d) any other dispute or disagreement which arises in respect of the application of the
Access Code, which is not specifically captured in Section I.2 ;

I.2.2 Subject to Section I.2.3 below, the provisions in Sections I.4, I.5 and I.6 to I.11 shall apply to all
Standard Access Disputes.

I.2.3 With respect to Technical Disputes that cannot be resolved through the dispute resolution
procedure set out in Sections I.4 and I.5 below, the following special procedure as set out in
Section I.11 shall be applicable in lieu of the provisions in Section I.7.

I.2.4 For the purposes of the Code (including any Access Agreements), Billing Dispute refers to a
disagreement between the parties to an Access Agreement concerning the amount billed by the
Access Provider to the Access Seeker and shall include errors, discrepancies, fraud, mistakes,
and such other errors. All Billing Disputes shall be subject to the provisions in clause 36
[Disagreements as to payments ] of Article F Model Terms General Conditions in the Code.

Resolution by
Inter-Party
Working Group
Informal
Issue
Resolution
Resolution by
Senior
Management -
Informal Issue
Resolution

Resolution by
Adjudication
Formal
Process by
Single
Adjudicator
Appeal to the
Commission
on decision of
Adjudicator
(under
paragraph I.8.3
of the Code)
For interlocutory relief apply to Court at any time during the
Dispute Resolution Procedure

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Section I.3 Specific Access Disputes

I.3.1 The following disputes or differences are categorised as Specific Access Disputes:
(a) all disputes arising between the Access Seeker and Access Provider from the time the
Access Request is made until Parties enter into negotiations ;
(b) where a deemed rejection has occurred under Subsection E.3.5 of the Code;
(c) where a rejection of an Official Request for Access is made under Subsection E.4.5 of
the Code; or
(d) where the parties are unable to enter into an Access Agreement after completing 120
days of negotiation as set out in Section E.5 (ante).

I.3.2 The provisions in Sections I.4 and I.5 shall not apply to Specific Access Disputes.

I.3.3 All Specific Access Disputes shall be referred to Adjudication in accordance with Section I.6.

Section I.4 Resolution by Inter-Party Working Group

I.4.1 All Standard Access Disputes shall be resolved by the parties through the procedures set out in
this Section I.4.

I.4.2 The parties to an access agreement, shall establish within [60] days of the registration of the
access agreement by the Commission, a working group to be known as The Inter-Party Working
Group (IPWG). The parties shall inform the other party of the names, designation and contact
details of their representatives to the IPWG, and may chance their representatives from time to
time, provided that prior written notice is given to the other party. The IPWG shall be maintained
for so long as the Code is registered.

I.4.3 IPWG Membership. The IPWG shall comprise of 2 members each from the respective parties to
the access agreement, who are designated and authorised to deal with any Standard Access
Disputes that may arise.

I.4.4 Conduct of IPWG Meetings. The IPWG shall conduct their meetings in an amicable fashion, and
the representatives of the parties to the access agreement, shall act in good faith in trying to
resolve the Standard Access Dispute.

I.4.5 Time for Resolution. All Standard Access Disputes shall be resolved by the IPWG within 45
days from the time a Standard Access Dispute is referred to the IPWG. If the IPWG is unable to
resolve a Standard Access Dispute, then such Standard Access Dispute shall be referred for
resolution by the senior management of the parties as provided for in Section I.5 below.

Section I.5 Resolution by Senior Management

I.5.1 If a Standard Access Dispute cannot be resolved by the IPWG, then such Standard Access
Dispute shall be referred by each party to their respective senior management as part of the next
stage of the informal resolution process.

I.5.2 Each party will, within [14] days after the failure by the IPWG to resolve a Standard Access
Dispute, designate a senior executive (other than the any executive or representative who was a
member of the IPWG) whose task will be to meet the other party for the purpose of endeavouring
to resolve the Standard Access Dispute; and shall notify the other party of the name, designation
and contact details of the designated senior executive.

I.5.3 The designated senior executives of the parties will meet as often as they reasonably deem
necessary in order to gather and obtain relevant information to facilitate resolution of the
Standard Access Dispute.

I.5.4 The designated senior executives will discuss the issues surrounding the Standard Access
Dispute and will negotiate in good faith in an effort to resolve the Standard Access Dispute
without the necessity of any formal proceedings.

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I.5.5 The specific format for such discussions will be left to the discretion of the designated senior
executives but may include the preparation of agreed upon statements of fact or written
statements of position furnished to the other Party.

I.5.6 The designated senior executives shall attempt to resolve the Standard Access Disputes within
[30] days after the last member is designated by the Parties to the Access Agreement.

I.5.7 The formal proceedings for the resolution of the Standard Access Dispute under Section I.5
(Adjudication Process) may only be commenced until the earlier to occur of:

(a) a good faith mutual conclusion by the designated executives that amicable resolution through
continued negotiation of the matter in issue does not appear likely; or
(b) the conclusion of [thirtieth (30
th
) ] day as set out in Section I.5.6 above and the Standard
Access Dispute remains unresolved.

Section I.6 Reference to Adjudication

I.6.1 Right to refer. The Parties shall refer:
(a) any unresolved Standard Access Disputes after exhausting the informal dispute
resolution processes set out in Sections I.4 & I.5 above; or
(b) any Specific Access Disputes falling within Section I.3 above,
to Adjudication as set out in this Section I.6 only.

I.6.2 Reference to Adjudication. If the parties to the Standard Access Dispute fail to arrive at a
negotiated settlement or resolution after utilizing the processes set out in Sections I.4 and 1.5
above, or if there exist a Specific Access Dispute (referred to collectively as the Disputes),
then either Party may refer the Disputes for Adjudication as set out in this Section I.6. A
reference to Adjudication shall be made by the issuance of a notice (Adjudication Notice) to
the Other Party with a copy to MAF, specifying the nature of the Dispute and the reason for
disagreement.

I.6.3 Role of MAF. The role of the MAF in the Adjudication process is purely as an observer, and to
keep a record of the adjudication references made by Access Seekers and Access Providers
and the corresponding awards made by the Adjudicators, for the sole purpose of future Code
Reviews.

I.6.4 Adjudicators. The MAF will maintain a list of independent qualified industry experts who will
serve on the Adjudicators Panel. All Adjudicators shall:
(a) have sufficient experience in communications industry;
(b) be appropriately qualified to be able to appreciate the nature of the Disputes that is
referred to him;
(c) not have been employed, retained or engaged by either of the parties to the Disputes in
the last 12 months;
(d) not have been convicted of any serious offence or adjudicated a bankrupt;
(e) not be members of the MAF.

I.6.5 Appointment of a Single Adjudicator.
(a) All Disputes for Adjudication are to be resolved by a single adjudicator. The
parties shall within [28] days of the Adjudication Notice, meet to agree on the
appointment of the single Adjudicator chosen from the Adjudicators Panel.
(b) If the parties are able to agree on the Adjudicator, the party who is the claimant
in the Disputes, shall notify, in writing, the Adjudicator of his appointment.
(c) If the parties are unable so agree, then at the expiry of the [28 day] period, either Party
may apply in writing to the Chairman of the Commission to appoint an Adjudicator
(either from the members on the Adjudicators Panel or such other person as the
Chairman thinks fit), who shall then within [14] days, make the appointment and inform
all relevant Parties in writing, including the Adjudicator.

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I.6.6 Acceptance of Appointment. Upon receiving the appointment from either the claimant of the
Disputes or the Chairman of the Commission (as the case may be), the Adjudicator shall
immediately notify the Parties and the MAF of his/her acceptance of the appointment to act as
the Adjudicator in the reference. In the event the appointed Adjudicator is unable or refuses to
act, the parties may by agreement choose another Adjudicator or (in the case the parties are
unable to agree) the Chairman of the Commission shall make another appointment. The time
periods and processes as set out in Section I.6.5 above, shall apply in respect of the making of
such re-appointment.

I.6.7 Role of Adjudicator. The role of the Adjudicator shall be:
(a) to arrive at a decision which is fair and reasonable to both parties, which means that
the Adjudicator is able to make a decision which is not a decision specifically sought by
the parties;
illustration
If the Dispute revolves around two different interpretations of the terms of the access
agreement which are canvassed by the parties, the Adjudicator may instead of either
agreeing with the access seeker or the access provider, produce a third possible
interpretation.
(b) to find a suitable compromise to enable the access agreements or the procedures and
processes set out in this Code, to be adhered to and the access services to be
continually provided or an access agreement entered, so as to ensure that the interests
of the consumers are served and the objectives of the CMA are achieved;

Section I.7 Adjudication Proceedings.

I.7.1 The Adjudicator shall be the master of the rules of the proceedings and may supplement the
general rules set out in Section I.7.2.

I.7.2 Rules of Adjudication. The Adjudication proceedings shall be conducted in accordance with
the Rules of the Kuala Lumpur Regional Centre for Arbitration, unless such rules are contrary to
the specific provisions in this Code.

I.7.3 The party who is the claimant to the adjudication proceedings shall submit a statement of claim
to the other party (identified as the respondent) and to the Adjudicator setting out the nature of
the claim. The statement of claim shall contain as annexures thereto, all documentary evidence
as is necessary to establish the claimants claim. The documentary evidence may include
witness statements which are executed as a statutory declaration within the meaning of the
Statutory Declaration Act 1960.

I.7.4 The party who is the respondent to the adjudication proceedings shall submit a statement of
response to the other party (identified as the claimant) and to the Adjudicator setting out the
nature of the response. The statement of response shall contain as annexures thereto, all
documentary evidence as is necessary to rebut the claimants claim or establish the
respondents response. The documentary evidence may include witness statements which are
executed as a statutory declaration within the meaning of the Statutory Declaration Act 1960.

I.7.5 The claimant may submit a reply (known as Statement in Reply) to the statement of response
by the respondent. Such submission may contain further documentary evidence or witness
statements, as the claimant thinks fit.

I.7.6 All proceedings documents referred to in Sections I.7.3, I.7.4 and I.7.5, shall contain such legal
arguments (including any case law precedents) as may be necessary to support the partys
contention or position.

I.7.7 All witness statements shall be as a statutory declaration executed in accordance with the
Statutory Declaration Act 1960. All documentary evidence shall be certified by a Commissioner
of Oaths as a true copy thereof.

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I.7.8 The Adjudicator may interview these witnesses (if necessary) and such interview may be done
without the attendance of the claimant and respondent; or may request for additional
documentary evidence to be provided by the parties.

I.7.9 Unless specifically requested by both the parties, no further submissions or arguments will be
permitted to be made other than as set out in the proceedings documents, as this may prolong
the time period to resolve the Disputes.

I.7.10 The time limited for submitting the proceedings documents set out above, shall be determined
by the Adjudicator depending on the nature of the Disputes, but the proceedings must be
concluded no later than 240 days after the first meeting with the Adjudicator and the parties.

Section I.8 Decision of Adjudicator and Appeal

I.8.1 All decisions of the Adjudicator shall be in writing and shall be final and binding on the Parties
to the Disputes.

I.8.2 The Parties shall immediately comply with and give effect to the decision of the Adjudicator.

I.8.3 Should either party feel aggrieved by the decision of the Adjudicator, either party may appeal
against the decision of the Adjudicator by referring the dispute to the Commission for resolution
pursuant to section 151 and Chapter 7 of Part V of the CMA.

Section I.9 Venue for Adjudication

I.9.1 The Parties may mutually agree on the venue for the Adjudication proceedings. Failing
agreement the Adjudication shall be held at the Kuala Lumpur Regional Centre for Arbitration
using the facilities available at that Centre.

Section I.10 Other Related Matters

I.10.1 Interlocutory Relief. Notwithstanding anything in this Article or the Rules of the Kuala Lumpur
Regional Centre for Arbitration, a Party may, at any time commence legal proceedings in
relation to Disputes where that party seeks interlocutory relief in relation to such matters as
infringement of intellectual property rights, breach of confidentiality or restraint pending
publication of the Adjudicators decision.

I.10.2 Costs of Adjudication. The parties costs of, incidental to and arising from the reference of
any matter or dispute to adjudication irrespective of the outcome of the adjudication shall be
decided by the adjudicator as costs of the adjudication.

Section I.11. Technical Disputes

I.11.1 If a Technical Dispute has arisen, the parties may dispense with Section I.6 and refer the matter
to a Technical Expert, only after they have exhausted the Dispute Resolution process set out in
Sections I.4 and I.5. The following procedure shall apply with regard to the resolving technical
disputes through the use of a Technical Expert:
(a) Either party may refer a Technical Dispute to a Technical Expert. If the Parties fail to
reach agreement on who to appoint as a Technical Expert within 10 days of a notice to
refer such matter to a Technical Expert, either party may apply to the Commission to
appoint a Technical Expert.
(b) Once a dispute is referred to a Technical Expert, it may not be referred back to the
IPWG or to the senior management (as set out in Section I.4).
(c) The Technical Expert :
(i) will have the appropriate qualifications and experience to arbitrate the dispute,
including knowledge of the communications industry;
(ii) need not be a Malaysian citizen or resident; and

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(iii) will not be an officer, director, or employee of a communications company in
Malaysia or with an interest in a Malaysian communications company or CMA
licensee or otherwise have a potential for conflict of interest.

I.11.2 When relying on the services of a Technical Expert, the following procedure will apply to the
dispute resolution procedure of the Technical Expert:
(a) the Parties will present written submissions to the Technical Expert and each other within
fifteen (15) Business Days of the appointment of the Technical Expert; and
(b) each Party may respond to the other Partys submission in writing within fifteen (15)
Business Days from the date of the other Partys submission

I.11.3 At the request of either Party and subject to the Parties agreeing or the Technical Expert deciding
within five (5) Business Days of the last written submission that the use of the Technical Expert
be by documents only, a Technical Expert hearing will be held within fifteen (15) Business Days
of the last written submission.

I.11.4 Should a Technical Expert dispute resolution procedure hearing be held, each Party will have the
opportunity of making an oral submission. This process will be conducted in private.

I.11.5 The procedure for hearing technical disputes will be determined by the Technical Expert
(including number and duration of oral submissions by the Parties) but in any case, the Technical
Experts hearing will last no longer than three (3) Business Days

I.11.6 The Technical Expert will not have the power to appoint any other experts.

I.11.7 The Technical Expert will deliver his award within fifteen (15) Business Days of the hearing or of
the last written submission where the arbitration is by documents only.

I.11.8 Every dispute referred to a Technical Expert will be considered separately so that time limits for
each dispute are complied with.

I.11.9 The Technical Experts decision will be binding on the Parties (in the absence of manifest error of
fact or law).

I.11.10 The cost of the technical expert shall be shared equally by the parties.

Section I.12 Effect

I.12.1 This section sets out the effect of referring a Standard Access Dispute or a Specific Access
Dispute to be resolved by the procedures set out in this Section I.

I.12.2 Notwithstanding the reference of the Disputes to be resolved by the procedures set out in this
Sections I.4, I.5 and I.6, the access provider shall not suspend, deny or refuse to provide the
Access Services which is the subject matter of an access agreement, to the access seeker and
such reference shall in no way operate as a waiver or suspension of the obligations of the parties
to perform their respective obligations under their respective Access Agreements.

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Article J Standards
Section J.1 General
J.1.1 This Article sets out the applicable minimum standards that the Access Provider has to comply
with in relation to the provision of Access Services to the Access Seeker including technical
obligations, technical standards and quality of service (QoS) standards. The parties are free to
agree and prescribe higher standards than what has been provided in this Code or mandated
by the Commission.

J.1,2 All Access Providers shall adhere to the relevant guidelines issued by the Commission from
time to time on new technical obligations or technical standards to the extent that they have not
been expressly revoked or are not inconsistent with any technical obligations or technical
standards set out in this Code.

Section J.2 Technical Standards

J.2.1 A licensee must comply with all applicable and relevant technical standards adopted by the
Commission under Chapter 3 of Part VII of the CMA, and any other technical standards that are
adopted by the Technical Standards Forum from time to time affecting the various Access
Services.

Section J.3 QoS Standards applicable to all forms of access

J.3.1 The quality of service which Access Providers will provide to the Access Seeker is as set out
below. These QoS levels were previously provided in the MSA, and unless amended or
superseded by new QoS standards, shall be deemed to be incorporated (where applicable) into
the Access Agreements executed by an Access Seeker and an Access Provider.

Network
Quality
%
Threshold Remarks
1.0 Successful Call

1.1 Answered Call

Number of calls that successfully seized a
trunk group and are answered.
1.2 Busy Call

trunk group and are terminated after
connection due to terminating subscriber is
busy.
1.3 No Answer Call

trunk group and are rejected because either
the called device did not answer or the calling
Party went on-hook during ringing.
1.4. Call Abandon

94%

Indicate the unallocated numbers and
incomplete dialling from calling party.
Call Establishment Rate
(1.1 + 1.2 + 1.3)

85%
Expressed as the sum of Answered, Busy and
No Answer Call that indicate the calls are
successfully seize the circuits to the total of call
attempt.
2.0 Unsuccessful Call
6%

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Network
Quality
%
Threshold Remarks

2.1 Network Congestion
3%

Internal Congestion
(ICONG)

1%
Number of calls offered to a trunk group that
successfully overflowed or are rejected in the
own switch. (Internal congestion of originating
POI and interconnect route congestion that is
due to insufficient capacity to support the
current traffic). SMS to be agreed with Access
Seekers in accordance with best practice.
External Congestion
(OCONG)

2%
Number of calls that, after a trunk group is
seized, are rejected upon receiving a backward
signal indicating far end congestion occurred
within the terminating POI and the subsequent
terminating Network. SMS to be agreed with
Access Seekers in accordance with best
practice.
2.2 Network Fault
3%

External Technical
Irregularities/Error (ETI)
2%
Calls that being successfully connected
through the Network are rejected upon
detection of technical irregularities or faults in
the far end radio subsystem in the other
Network Element.
Internal Technical
Irregularities/Error (ITI)

1%
Calls that being successfully connected
through the Network are rejected upon
detection of technical irregularities in the
originating Network.

Section J.4 QoS Standards Determined by Commission

J.4.1 In addition to the QoS levels set in section J.3.1. above, the Parties to an access agreement
shall be bound by the following Commissions Determinations on Quality of Service as they are
applicable to the various Access Services.

J.4.2 QoS and Service Level Guarantees. The MAF acknowledges that the QoS Standards
mandated by the Commission apply only to services provided to end users. However, the
Commission has also stipulated that Access Seekers who rely on 3
rd
party Access Providers
can demand service level guarantees that are appropriate to meet the Commission
Determination on QoS. The Service Level Guarantees will be agreed by the Parties and
reflected in the O & M Manual.

J.4.3 Public Switched Telephone Network Service. The QoS standard set out in Commission
Determination No. 1 of 2002 shall be applicable in respect of public switched telephone network
service, as may be varied or substituted from time to time. All Access Providers shall ensure
that the Access Services provided to the Access Seekers will enable the Access Seekers to
meet the QoS standards set out in the Determination.

J.4.4 Public Cellular Service. The QoS standard set out in Commission Determination No. 2 of
2002 shall be applicable in respect of public cellular service, as may be varied or substituted
from time to time. All Access Providers shall ensure that the Access Services provided to the
Access Seekers will enable the Access Seekers to meet the QoS standards set out in the
Determination.

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J.4.5 Dial-Up Internet Access Service. The QoS standards set out in paragraph 12 of Commissions
Determination No. 3 of 2002 (standards on internet dial up performance) shall be applicable in
respect of dial-up internet access services. All Access Providers shall ensure that the Access
Services provided to Access Seekers will enable the Access Seekers to meet the QoS standards
set out in paragraph 12 of the Determination.

J.4.6 Public Payphone. The QoS standards set out in Commissions Determination No. 3 of 2003
shall be applicable in respect of public payphone service as may be varied or substituted from
time to time. All Access Providers shall ensure that the Access Services provided to the Access
Seekers will enable the Access Seekers to meet the QoS sandard set out in the Determination.

J.4.7 Digital Leased Lines. The QoS standards set out in Commissions Determination No. 4 of 2003
shall be applicable in respect of all digital leased lines provided by an Access Provider. All Access
Providers shall ensure that the Access Services provided to the Access Seekers will meet the
QoS standards set out in the Determination.

J.4.8 Broadband Service. The QoS standards set out in Determination No. 5 of 2003 shall be
applicable in respect of only wired broadband services provided by a licensee. All Access
Providers who provide Access Services to an Access Seeker shall ensure that these Access
Services provided meet the QoS standards set out in the Determination.

Section J.5 Changes to Technical and QoS Standards

J.5.1 It is recognised that the Commission or the Technical Forum may from time to time introduce
changes to the Technical and/or QoS standards. Upon the introduction of any such change, the
MAF will include such changes into the Code by undertaking a Code Review. Notwithstanding the
above, Parties to an Access Agreement are required to comply with the new standards within a
reasonable time after introduction, or within the times stipulated by the Commission or the
Technical Forum.

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Article K Costing and Cost Recovery Principles
Section K.1 General
The operation of this Section K of the Code, as outlined in the diagram below, may be summarised as
follows:

Section K.1 (MCMC Determined Access Prices) deals with Access Charges for items on MCMCs
Access List of which MCMC has determined a price.

Section K.2 (General Principles in Setting Prices for Access List Items with no MCMC
Determined Prices or Non-regulated Access Services) deals with Access Charges for items on
MCMCs Access List of which MCMC has not or has yet to determine a price.

Section K.3 (One-off Costs Recovery) deals with the recovery of one-off costs incurred by the Access
Provider in the course of enabling the Access Service(s) requested by the Access Seeker(s).

DEFINITIONS

For the purpose of this section of Article K, the following words shall have the meanings as set out
below:

Ancillary Service refers to a service that is not an Access Services in itself, and does not
appear on the Access List, but is a service that is required to ensure the
effective provision of the primary Access Service.

Enabling Service refers to the task or activity undertaken by the Access Provider to modify,
enhance, upgrade or prepare a site at the outset to accommodate the
Access Service requested by the Access Seeker.

Relevant Costs are costs that would have been avoided (not incurred) by the Access
Provider but for an Access Seekers request for an Access Service.
Relevant Costs generally include direct and indirect costs and the costs of
non-network assets for which the Access Provider may earn a fair and
reasonable commercial return.

Direct Costs are costs directly incurred in providing an ancillary service or enabling
service, e.g. cost of security, electricity, IT equipment and other operating
and maintenance costs.

Indirect Costs are overhead costs that are not specifically or directly caused by the
provision of an ancillary or enabling service but which can be shown to
bear some relationship to, result from, or is incurred in support of the
provision of an ancillary or enabling service.

Non-network Asset is an asset that supports the operation of the Access Providers Network.
Non-network assets are generally shared between all of the Access
Providers lines of business and include but are not necessarily limited to
buildings that housed switching and transmission equipment as well as
administrative and staff offices, general purpose computers that perform
general administrative IT functions. The costs of Non-network Assets are
regarded as fixed common costs given the shared nature of such costs.

Fixed Common Costs are volume- or usage-insensitive costs that are shared across all of the
lines of business of the Access Provider. Such costs cannot be identified or
attributed specifically to the provision of any particular Access Service,
ancillary service or enabling service

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ACCESS PRICES REGIME

Section K.2 MCMC Determined Access Prices

K.2.1 For each of the items on the Access List for which MCMC has determined a price or 24 hour
weighing average price (MCMC determined price), the MCMC determined price shall be
deemed to be a maximum price for the provision of access to that item. The deemed maximum
price may be varied from time to time by a new MCMC determination.

K.2.2 For any item on the Access List for which there is a MCMC determined price, the contracted
price for that item in an Access Agreement between the parties shall be no higher than the
MCMC determined price for that item.

K.2.3 The MCMC determined price shall inure for the benefit of all eligible licensees as may be set out
in any Commission Determination on pricing or as specified or directed by the MCMC from time
to time. The current mandated access prices are set out in Commission Determination on the
Mandatory Standard on Access Pricing (No. 1 of 2006) which is effective from 15 February 2006.

Section K.3 General Principles in Setting Prices for Access List Items
with no MCMC determined prices or Non-Regulated
Access Services

K.3.1 The Access Provider shall have regard to the following general principles in identifying and
measuring costs that are to be recovered from the Access Seeker for the various Access
Services that do not have an MCMC determined price or are not regulated by MCMC:

Access List

Access
Services
Co-location &
infrastructure
sharing

Access
enabling
Access price
determined
by CMC
Access price
not determined
or as yet to be
determined by
CMC
MCMC
Determined
Access Prices
(Section K.1)
Code)
General Principles in Setting Prices
For Access List Items with no MCMC
Determined Prices or Non-regulated
Access Services
(Section K.2)
One-off
Costs Recovery
(Section K.3)
Access
Services
Ancillary
services (e.g.
power,
security)

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K.3.1.1 Cost causality the Access Provider shall attribute costs to the tasks or activities that
cause the costs to be incurred in the course of providing the Access Service to the
Access Seeker.

K.3.1.2 Objectivity the Access Provider shall take an objective and reasonable approach to
costing that does not unduly favour or bias against any specific party.

K.3.1.3 Consistency the Access Provider shall use the same bases and apply the same
assumptions for the costing method, model or framework used to identify and
measure costs. For an industry that is notably subject to rapidly changing
technologies, the Access Provider may review its costing method, model or
framework periodically.

K.3.1.4 Transparency the Access Provider shall document its costing and, at the request of
the Access Seeker, provide details of the costing on a commercial-in-confidence
basis.

K.3.2 Access List Items with no MCMC determined price

K.3.2.1 For any item on the Access List for which MCMC has not determined or has yet to
determine a price, the price that is contracted in an Access Agreement for that item
shall be negotiated between the Access Provider and Access Seeker.

K.3.2.2 The contracted price shall be a fair and reasonable price.

K.3.2.3 In the event the contracting parties cannot agree on the contracted price, either party
may refer the matter for Adjudication as set out in Section I.6. The Adjudicator shall
have regard to the relevant cost principles as set out in Section K.2.1and other
relevant circumstances.

K.3.3 Ancillary and enabling services

K.3.3.1 The Access Provider shall recover no more than the Direct Costs plus reasonable
overheads of ancillary and /or enabling services provided as part of the Access
services.

K.3.3.2 The Access Provider shall provide itemised and detailed contracted prices for the
various ancillary and/or enabling facilities and services that are requested by, and
provided to the Access Seeker but not for any ancillary and/or enabling facilities or
services that are not so requested or used by the Access Seeker.

K.3.3.4 The Access Provider shall identify and document relevant operating and
maintenance costs caused by and attributed to the provision of infrastructure sharing
and co-location services to the Access Seeker. Relevant operating and maintenance
costs include but are not necessarily limited to premise security services, cleaning
and janitorial services, air conditioning, insurance and indemnification of damages.
The Access Seeker shall recover the relevant operating and maintenance costs from
the Access Provider.

Section K.4 One-Off Cost Recovery

K.4.1 Nature of one-off costs

K.4.1.1 One-off costs are costs incurred by the Access Provider at the outset to enable the
Access Service requested by the Access Seeker. Such costs generally include but
are not necessarily limited to the costs of infrastructural, technical and/or software
modifications, enhancements or upgrading, and site preparation (for greenfields
areas only) to enable the Access Service requested by an Access Seeker.

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K.4.1.2 The Access Provider shall have regard to the most efficient technologies and
business processes and the general costing principles set out in sub-section K.2.2 in
identifying and measuring one-off costs.

K.4.1.3 Where the Access Provider modifies, enhances or upgrades an existing facility or
facilities, that facility or facilities will remain the property of the Access Provider.

K.4.1.4 Any item that has to be replaced or is made obsolete in the course of accommodating
an Access Seekers request, that item will become the property of and be at the
disposal of the Access Seeker who will bear the costs of its replacement and cost for
removing the replaced or obsolete element.

K4.2 One-off costs incurred wholly and exclusively for the benefit of the Access Seeker

K.4.2.1 Where the modification, enhancement, upgrade or site preparation (for Greenfield
areas only) is undertaken wholly and exclusively for the benefit of the requesting
Access Seeker, the one-off costs incurred by the Access Provider shall be borne
solely by the requesting Access Seeker.

K.4.3 One-off costs incurred for the benefit of the First Access Seeker, Subsequent Access
Seekers and the Access Provider

K.4.3.1 Where the modification, enhancement, upgrade or site preparation (for greenfield
areas only) benefits the first Access Seeker (First-Comer) as well as the Access
Provider and Subsequent Access Seekers, the one-off costs incurred by the Access
Provider shall be shared among the Access Provider, the first-comer and all
Subsequent Access Seekers.

K.4.3.2 The first-comer shall reimburse the Access Provider 85 per cent of the one-off costs
incurred by the Access Provider.

K.4.3.3 A Subsequent Access Seeker does not have to reimburse the first-comer and other
earlier Access Seekers of the Access Provider unless and until the Subsequent
Access Seeker benefits from the modification, enhancement, upgrade or site
preparation (for greenfield areas only) of which the Relevant Costs have been paid
for by the first-comer and earlier Access Seekers.

K.4.4 Reimbursement of one-off costs by Subsequent Access Seekers
A Subsequent Access Seeker shall reimburse the first-comer and any earlier Access Seekers
of the Access Provider a sum calculated according to the formula set out below:
) 1 (
85 . 0

=
n n
C
R
where:
R is the reimbursable sum that shall be paid by the Subsequent Access Seeker to the first-
comer and all other earlier Access Seekers of the Access Provider;
C is the original amount of one-off costs incurred by the Access Provider; and
n is the total number of Access Seekers comprising the First-Comer, the Subsequent Access
Seeker and all other earlier Access Seekers of the Access Provider.

K.4.5 Illustration
Suppose the original amount of one-off costs incurred by the Access Provider to accommodate
the access request of the First-Comer (i.e. the first Access Seeker) is RM 100,000.

The First-Comer reimburses the Access Provider RM 85,000 (i.e. 85% of the one-off costs
incurred).

Now suppose there is a Subsequent Access Seeker (i.e. a second Access Seeker). This
Subsequent (second) Access Seeker will have to reimburse the First-Comer a sum of RM

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42,500. This is calculated from the formula with C = RM 100,000 and n = 2 (comprising the
First-Comer and the second Subsequent Access Seeker), i.e.

500 , 42
) 1 2 ( 2
000 , 100 85 . 0
RM
RM
R =

=
Note that the one-off cost of RM 85,000 originally borne by the First Comer is now shared
equally with the second Access Seeker:
a. The second Access Seeker reimburses the First Comer a sum of RM 42,500. In effect, the
second Access Seeker bears a cost of RM 42,500.
b. The one-off costs borne by the First-Comer drop from RM 85,000 to RM 42,500 with a
reimbursement of RM 42,500 from the second Access Seeker. In effect, the cost borne by
the First-Comer is the same as that borne by the second Access Seeker.

Now suppose there is another Subsequent Access Seeker (i.e. a third Access Seeker). This
Subsequent (i.e. third) Access Seeker will have to reimburse the First-Comer and an earlier (i.e.
the second) Access Seeker a sum of RM 14,166.67 each. This amount is calculated from the
formula with C = RM 100,000 and n = 3 (comprising the First-Comer, an earlier (second)
Access Seeker and the Subsequent (third) Access Seeker), i.e.

67 . 166 , 14
) 1 3 ( 3
000 , 100 85 . 0
RM
RM
R =

=
Note that the one-off costs of RM 85,000 that was borne equally by the First-Comer and the
earlier (second) Access Seeker is now re-shared equally with the Subsequent (i.e. the third)
Access Seeker:
a. The Subsequent (third) Access Seeker reimburses the earlier (second) Access Seeker and
the First-Comer a sum of RM 14,166.67 each, or a total of RM 28,333.33. In effect, the
Subsequent (third) Access Seeker bears a cost of RM 28,333.33.
b. The one-off costs that were borne by the earlier (second) Access Seeker drop from RM
42,500 to RM 28,333.33 after receiving a reimbursement of RM 14,166.67 from the
Subsequent (third) Access Seeker. In effect, the earlier (second) Access Seeker now bears
the same amount of costs as that borne by the Subsequent (third) Access Seeker.
c. The one-off costs that were borne by the First-Comer also drop from RM 42,500 to RM
28,333.33 after receiving a reimbursement of RM 14,166.67 from the Subsequent (third)
Access Seeker. In effect, the First-Comer now bears the same amount of costs as that
cost-burden borne by the earlier (second) Access Seeker and the Subsequent (third)
Access Seeker

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Article L. Code Monitoring & Administration
Section L.1 Introduction
L.1.1 Notwithstanding the provisions of Section 98 of the CMA, which provides that compliance with
the voluntary Code is not mandatory, all members of the MAF shall adhere to and undertake to
apply the Code, to the fullest extent possible on all matters relating to Access. It is the desire of
all members of MAF to apply the Code in its entirety without exception, so that there can be
uniformity, consistency and certainty in the application, interpretation and usage of processes,
provisions, roles and responsibilities of the parties to the provision of access. This will ultimately
enable efficient and ease of registration by the Commission of the Access Agreements
concluded by the parties, thus eliminating economic inefficiencies and risk of anti-competitive
conduct.

L.1.2 Accordingly it is important that there be a minimum monitoring and administration of the Code
by its custodian, namely the MAF. This Article L sets out the circumstances when and activities
of monitoring and administration that will be performed.

L.1.3 It is however recognised that the primary document governing the relationship between the
Access Seeker and the Access Provider is the Access Agreement, and accordingly there is
minimal monitoring of such agreements.

Section L.2 Compliance Verification

L.2.1 Introduction. The Code prescribes certain activities to be undertaken by Access Providers in
order to enable an effective access regime to be managed by the industry. However it is
necessary for MAF, as the designated industry forum, to ensure that these processes and
timelines are adhered to by Access Providers.

L.2.2 Verification. There shall be a verification exercise which MAF may conduct by itself or through
independent third parties engaged by MAF. Such verification exercise may be conducted
annually but not less than once every two years.

L.2.3 Purpose. The annual verification exercise is to determine the degree of compliance by the
Members with Articles E, I and J of the Code, and as a means to gauge whether or not
improvements to the Code ought to be made.

L.2.4 Report. Once the verification exercise is completed the MAF shall published the report on its
website and forward a copy to the Commission. The Commission may, in accordance with
section 99 of the CMA, direct a Member or a class of Members, to comply with the Code.

Section L.3 Departure from Model Terms

L.3.1 Notwithstanding Section L.1.1 above, should an Access Seeker and an Access Provider
choose to depart from any of the provisions set out in the Code, than both parties are required
to submit a Code Departure Memorandum to the MAF using Form L.2.1 as set in Appendix F
hereto stating the following information:
(a) the provisions in their Access Agreement or a description if the provision contains
confidential information which differs from the Model Terms; and
(b) the reasons for the departure from the Model Terms.

L.3.2 All Code Departure Memoranda will be retained as a record of such departures for future
reference when the Code Review is undertaken.

L.3.3 For the avoidance of doubt, the submission of the Code Departure Memorandum is not a
requirement for seeking the approval of MAF to depart, but is intended to provide a record for

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MAF to determine whether the departure should be incorporated into any subsequent revision
to the Code because it is for the long term benefit of the industry as a whole.

Section L.4 Compliance with Access Agreements

L.4.1 Introduction. It is recognised that the execution of an access agreement is but the beginning of
the relationship between the parties. It is during this period of implementation that issues arise
which require resolution. Whilst the parties may avail themselves of the Dispute Resolution
Process set out in Article I, there may be circumstances or situations where a less formal
process function can be performed by MAF to ensure that parties who are members, of lesser
economic strength, are able to participate in a level playing field. The process set out herein, is
not intended to abrogate the rights of the parties under the access agreements but is intended
to act as a means by which industry regulates its members.

L.4.2 Scope of Complaints. Access Providers or Access Seekers, who are members of MAF (the
Complainant), may submit complaints to MAF against the Responding Party. Such complaints
must relate to the departure or non-compliance by the Responding Party of the processes,
procedures or time periods agreed in the Access Agreements. Grant or refusal to grant access
is not within the purview of this Section L.4.

L.4.3 Form of Complaint. The Complainant shall submit its complaint in writing, and such complaint
shall contain the following information:
(a) the name of the Complainant and the Responding Party;
(b) the contact details of the Complainant and the Responding Party;
(c) the nature of the complaint;
(d) the basis of the complaint (illustration the complaint relates to the failure to comply
with the 30 day time period for provisioning after an official request has been made by
us);
(e) any supporting documentary evidence;
(f) the relevant clauses of the access agreement;
(g) the date of the access agreement;
(h) the date of registration of the access agreement.
Each complaint shall be duly signed by the Complainant.

L.4.4 Action to be taken. Upon MAF receiving a complaint against a Responding Party, the MAF
shall issue to the Responding Party a show cause letter requesting the Responding Party to
give an explanation to MAF. If MAF is satisfied with the explanation, then MAF shall advise the
Complainant accordingly together with a copy of the explanation from the Responding Party. If
MAF is dissatisfied with the explanation, MAF may either request the Responding Party to give
an undertaking that it will strictly adhere to the processes, procedures or time periods as agreed
in the Access Agreements or submit a report to the Commission and request the Commission
to direct the Responding Party to comply with the Code pursuant to section 99 of the CMA.

Section L.5 Implementation Monitoring

L.5.1 Introduction. During the life of the Code it is important that MAF obtain feedback from
members, so that improvements can be made to ensure the continued relevance of the Code
for industry.

L.5.2 Request for Information. The MAF may formally request information from any of the Members
on any matter covered under the Code, including but not limited to:
(a) understanding situations where the Code is no longer meeting the continuing and
developing needs of Members;
(b) understanding the sorts of new or varied terms and conditions that have been agreed
by the Parties in the Access Agreements, and whether the circumstances that led to
variations were so general (and not specific to the parties) to be appropriate for
consideration for Code Reviews.

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L.5.3 Provision of Information. Upon such a request being received, the information required shall
be provided subject to commercial in confidence which prevents disclosure, use or
dissemination of it by any individual in MAF or member of MAF.

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Article M Code Clarification
Section M.1 Clarifications of Code Items
M.1.1 Code Clarification. It is anticipated that in the course of implementing the Code, Members will
encounter interpretational and other issues with respect to the contents of the Code. MAF will,
upon the request of any member, offer Informal clarification of the issues based on MAF's
understanding of the Code and the intentions behind it for two purposes : (1) helping to reduce
potential disputes between Members, and (2) assisting the Code review process. .

M.1.2 Types of Issues that may be subject of a Clarification Request. The following matters may
be referred for Clarification:
(a) Interpretation of principles employed in the Code based on actual meaning of the words
used in the Code;
(b) Interpretation on the structure of the Access Agreement comprising the Model Terms;
(c) Meanings of words employed in the Code, insofar as the recollection of the Members of
the Clarification Committee allows.

M.1.3 Excluded matters. MAF will not consider the following matters under its Code Clarification
process:
(a) any matter/issue that is already subject of a dispute resolution procedure;
(b) any matters/issues arising from the Access Agreement.

M.1.4 Clarification Process. Parties shall initiate a code clarification by submitting a Code Clarification
Request using Form M.1.4 set out in Appendix G. Upon receipt of the request, MAF will, within 7
days, refer the issue to the Clarification Committee, after ascertaining that it is a fit issue for
clarification. The Clarification Committee will within 14 days, issue their clarification to the issue
raised in the request.

M.1.5 Code Clarification Committee. The MAF will appoint a Code Clarification Committee comprising
of a maximum of 2 members (with a minimum of 1), selected from a list of personnel drawn from
the Working Group members (who were engaged in the development of this Code) and senior
personnel from the various member companies of the MAF. The selection of the Code
Clarification Committee shall be entirely at the discretion of the CEO of the MAF, but such
Committee Members shall not sit to decide on clarifications that affect their own company.

M.1.6 Decisions Pursuant to Clarifications. Decisions of the Clarifications Committee will be an
informal opinion, and will not be binding on the Parties. It will be contained in an explanatory
memorandum issued by the MAF. All decisions will be published in the MAF website (subject to
confidentiality considerations), so that a database of issues and decisions can be maintained as
precedents.

M.1.7 Effect of clarification. Every clarification handed down by the MAF through the Code
Clarification Committee, may also trigger a Code change (in accordance with Article P below), if
the criteria for such change is met.

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Article N Transitional Matters
Section N.1 General
N.1.1 As directed by the MSA, all licensees are required to review and re-execute their old access
agreements entered before 1 July 2005 and replace them with new access agreements (the
MSA Agreements), no later than 30 April 2006.

N.1.2 Once this Code is registered with the Commission, the status of the MSA Agreements may be
called into question. The MAF has decided to deal with the MSA Agreements in the following
manner.

N.1.3 Whether the MSA Agreements survive and for how long will depend on the status of the MSA
after the Code is registered. This has been fully discussed in Article A.5 above, where several
possible outcomes were articulated. A final determination on whether the MSA survives the Code,
may be issued by the Commission only after the Code is registered. In the absence of any
provision in the MSA Agreements dealing with the applicability of the new Code provisions, or any
direction from the Commission, the following shall apply:

N.1.4 2 separate scenarios present itself with regard to the status of the Access Agreements entered
into under the MSA after the Code is registered by the Commission:

No. Scenario Obligation Under Code
1. Access Agreements that
were validly registered under
the MSA;
All Members shall review their MSA Agreements and
bring them in line with the Code, within [15] months
from the date the Code is registered, regardless of the
status of the MSA and regardless of the validity period
of the Access Agreement
2. Access Agreements that are
entered into after Code is
Registered
Both Access Providers and Access Seekers enter into
Access Agreements under the Code provisions.

N.1.5 Access Reference Documents (ARD). The ARDs developed and published by Access
Providers under the MSA are expected to be replaced by the Access Information Package
published by the Access Providers pursuant to Section E.2 of this Code upon registration by the
Commission.

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Article P Code Review
Section P.1 Introduction
P.1.1 The Code is a live document and is affected by and affects the business processes, technology
development and market dynamics. Accordingly it is essential that periodic reviews be
undertaken in order to ensure the continued relevance and applicability of the Code to the
members and the industry.

P.1.2 This Article sets out the events that will require the undertaking of a review of the Code and the
process and procedures to be complied in undertaking such a review.

P.1.3 The process flow for undertaking a review of the Code is graphically set out in Figure P.1.3.

Figure P.1.3: Flow Chart for Code Review

P.1.4 There are two types of reviews of this Code, namely:
(a) Periodic Review on the third anniversary of the Code, as prescribed in Article P.2
below;
(b) Specific Reviews upon the occurrence of a specified event, as prescribed in Article P.3
below.

Section P.2 Periodic Review Timing

P.2.1 The Code will be subjected to a major review once every three (3) years. MAF shall undertake a
major review of this Code on the 3
rd
anniversary of either the registration date by the Commission
or the commencement date of the Code if it is different from the registration date.
30d
Yes
No
30d
30d
30d
30d
90d
50d
30d
Event that
triggers review
Appoint Code
Review
Committee
Develop
Justification
Paper
Issue Review
Notice &
Justification
Paper
Members revert
with comments
before 50 days.
Final Revised
Code sent to
MAF &
Members
Revise proposed
amendments to
Code.
Hold forum as to
Code changes
Code
amendment
completed
CRC completes
reviewing
comments
Submit to MCMC
for registration
Is Final
Revised
Code OK?

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P.2.2 The following matters as they arise (unless it is imperative that it be undertaken as part of the
Specific Review), will be undertaken as part of the periodic review:
(a) Where a matter has arisen during the dispute resolution procedure or during code clarification,
which highlights a new principle that may be suitable for adoption as part of the Code ;
(b) Technological changes that necessitate a change to the current general principles on access
contained in the Code.

Section P.3 Specific Review Events

P.3.1 In addition to the Periodic Review, the MAF may review the Code, and make amendments or
modifications on the occurrence of one or more of the following events:
(a) Upon a direction
16
, determination or declaration of the Minister affecting any matter on
access and interconnection;
(b) Upon a direction
17
or determination of the Commission affecting any matter on access
and interconnection;
(c) Upon the addition, removal or variation of an Access Service from the Access List made
by the Commission;
(d) Upon the acceptance by the MAF Board of a request for a review or amendment
pursuant to Section P.5 below, and/or
(e) Upon the MAF deciding that a review of the Code is necessary before the expiry of the 3
year period.

Section P.4 The Code Review Process

A review of the Code, whether undertaken pursuant to a Periodic Review or upon the occurrence of a
Specific Review Event, shall be undertaken in accordance with the following process and procedures:

P.4.1 Upon the occurrence of any one of the events that mandates a review of the Code to be
undertaken as specified in Sections P.2 and P.3 above, the MAF shall within thirty (30) days of
such occurrence appoint the members of a Code Review Committee, which shall comprise of not
more than 6 members of MAF, with equal numbers of its members who are either access seekers
and access providers only.

P.4.2 Within ninety (90) days or such longer period as the Code Review Committee may determine
(depending on the extent of the review of the Code), the Code Review Committee shall develop a
Review Justification Paper, which sets out, inter alia, the following:
(a) The event that triggered the review of the Code;
(b) The provisions of the Code that will be subject to review;
(c) The proposed changes to the specific provisions of the Code;
(d) The reason and rationale for such proposed changes thereto.

P.4.3 Upon completion of the Review Justification Paper, the Code Review Committee, shall
immediately issue a Review Notice together with the Review Justification Paper to all members of
MAF, requesting that members provide their comments and feedback to the proposed changes (if
any). Such comments and feedback must be provided not later than fifty (50) days from the date
of the Review Notice, unless the Code Review Committee specifies a different period for the
members to revert.

P.4.4 Within thirty (30) days from the conclusion of the feedback period specified in Section P.4.3
above, the Code Review Committee, shall review the feedback and comments received. The
Code Review Committee shall consider the merits of the feedback and comments and shall adopt
such feedback and comments, if it is in best interest of the industry as a whole.

P.4.5 The proposed changes to the provisions of the Code shall be revised taking into account the
feedback and comments provided to the Code Review Committee, and such revision shall be

16
Section 7 CMA 1998
17
Section 51 CMA 1998

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completed no later than sixty (60) days after the conclusion of the feedback period specified in
Section P.4.3 above, unless the MAF agrees to extend this period.

P.4.6 Upon completion of the revision to the Code, the Code Review Committee shall send a copy of
such revised Code to each and every member of the MAF and hold an industry forum for all
participants of the industry (who may or may not be members of the MAF) to attend and submit
their views and comments to the revised Code. Such forum shall be held within thirty (30) days
after the revision to the Code is completed.

P.4.7 The Code Review Committee shall collate all comments and feedback it receives during the
industry forum and shall take into consideration the views, comments and feedback as it affects
the revisions made to the Code, and accordingly shall make the necessary amendments to the
proposed revisions to the Code if in their view, that taking into consideration the views, comments
and feedback is in the best interest of the industry as a whole. The amendments to the proposed
revisions shall be completed within thirty (30) days after the conclusion of the industry forum.

P.4.8 Upon the completion of any amendments to the proposed revision to the Code (hereinafter
referred to as the Final Revised Code), the Code Review Committee shall submit the Final
Revised Code to the members for information and to MAF for approval. Such approval shall be
provided within thirty (30) days of such submission by the Code Review Committee.

P.4.9 Upon the approval of the MAF being obtained, the Final Revised Code shall be submitted to the
Commission for approval and registration.

P.4.10 If the Commission notifies MAF of any comments or concerns that it may have, the MAF shall
request the Code Review Committee to review those comments and concerns and if necessary
amend the Final Revised Code, so that it may be re-submitted to the Commission for registration.

Section P.5 Request for Review by Members of MAF

P.5.1 Request for Review. Requests for amendments or review to any provision of the Code may be
made by any member of MAF. Such request shall be made in writing to the MAF Board using the
Code Review Request Form P.6.1 set out in Appendix H, specifying:
(a) the provision(s) of the Code that the Member seeks to have reviewed or modified;
(b) full justification for proposing the review or modification, with appropriate technical data to
support the request.

P.5.2 Assessment of Request for Review. The MAF shall not entertain requests for review from
members unless there are cogent reasons for such review and it has wide ranging benefit to the
industry as a whole. In assessing a request for review, the MAF Board will take into account the
following matters:
(a) whether a review is justified based on the data submitted by the requester, and if it will
benefit the industry as a whole;
(b) whether such a review can be deferred until the next Periodic Review;
(c) whether the proposed modification will be acceptable to the Commission and to the other
Members;
(d) the effect of the review on existing Access Agreements;
(e) the cost implications to Access Seekers and Access Providers by reason of implementing
the revisions caused by such a review (if any).

P.5.3 Review Decision. The decision of the MAF Board (whether it agrees or disagrees with the
request) shall be communicated to the member making the request, within sixty (60) days of the
receipt of the request by MAF. If the MAF Board agrees with the request it shall initiate the code
review process as set out in Section P.4 above. The decision of the MAF Board shall be final
and not subject to any appeal, revision or reversal.

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Appendices
The following Appendices are referred to in this Access Code:

Appendix Title Section in Code
Appendix A Access Services and Service Categories Figure C.2.1
Appendix B Preliminary Request for Access Form E.3.3
Appendix C Response to Preliminary Request for Access Form E.3.4
Appendix D Official Request for Access Form E.4.2
Appendix E Response by Access Provider to Official Request
for Access
Form E.4.3
Appendix F Code Departure Memorandum Form L.2.1
Appendix G Code Clarification Request Form Form M.1.4
Appendix H Code Review Request Form P.6.1
Appendix I Accession Document Section B

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Access Code v1.0

Page 111 of 127
APPENDIX B
Form E.3.3

Form E.3.3 - Preliminary Request for Access
Notes to Form E.3.3 :
1. This form may be used by an access seeker who wishes to make a quick
determination on whether there is capacity is available at the time, in the quantities
and at the places needed for the various Access Services sought by the Access
Seeker.
2. The Access seeker may dispense with this preliminary request and go straight to the
Official Request for Access by using Form E.4.2 in Appendix D. Use of this form
does NOT dispense with the requirement for making an Official Request for Access
subsequently for those Access Services that are available from this Access Provider.
3. Please provide complete information asked for in the Form in order to avoid delay in
response.
4. This Form must be accompanied with the Access providers non-disclosure
agreement
18
duly executed by the Access Seeker
5. Please ensure that the non-refundable processing fee in the amount of RM 1,000 is
enclosed with this request.

To:
Access Provider
< State Address >

P r e l i m i n a r y R e q u e s t f o r A c c e s s

We, < name of Access Seeker > (Co. Reg. No. ), the holder of [specify license types]
hereby make this preliminary request for access in good faith and in accordance with Section E3
of the Code. We enclose a cheque for the sum of RM 300 as processing fee drawn on (< state
name of drawers bank >)
Please indicate whether Access is available for the following Access Services (Facilities or
Services in the Access List), in accordance with the requirements set out below :

No. Nature of Request Access Seekers Request
1. Access Services that you seek access to :
a. < state nature of Access service>
b. < state nature of Access service>

2. When is Access required
(If more than one Access Service is
requested, state date required for item
each Access Service)

3. Duration Access Servuce is required
(If more than one Access Service, state
duration required for each Access
Service)

18
A copy of the non-disclosure agreement may be found in the Access Providers web site under the heading of
interconnection and Access

Access Code v1.0

Page 112 of 127
No. Nature of Request Access Seekers Request
4. Quantity required
quantity required for each Access
Service)

5. The location(s) at which Access is
required
locations required for each Access
Service)

Access Seekers Contact Details are:

No. Description Contact Details
1. Business Address
2. Telephone Number (General
Line)

3. Fax Number
4. Principal Contacts
Name/Department

5. Designation
6. Telephone Number (DID)
7. Mobile Number
8. E-mail address

Dated : [insert date]
Signed by the authorised Witnessed by
Signatory
of the Access Seeker

.
Name: Name:
Designation: Designation:

Date: Date:
Company Stamp: Company Stamp:

Access Code v1.0

Page 113 of 127
APPENDIX C
Form E.3.4
Form E.3.4 - Response to Preliminary Request for Access
1. This form shall be used by the Access Provider to provide the requisite responses to the
Access Seekers Preliminary Request for Access.
2. Access Provider to provide sufficient information in its Response to enable Access
Seeker to evaluate its position on Access. If more than one Access Service is requested,
Access Provider shall provide relevant information each one of the Access Services.
3. If Access provider is unable to offer Access to the Access Services at the location or in
the quantity requested by the Access Seeker, The Access provider shall details of
alternative location where such service is available.
4. Non-response by the Access Provider to this request may result in the matter being
referred to Adjudication.

To:
Access Seeker
< State Address >
R e s p o n s e T o P r e l i m i n a r y R e q u e s t f o r A c c e s s
We, < name of Access Provider > set out below our response to your Preliminary Request for
Access.

No. Access Seekers Request Access Providers Response
(Provide Alternatives where possible)
1. Access Services that you seek access to :
a. < state nature of Access service>
b. < state nature of Access service>

2. When is Access required
(If more than one Access Service is
requested, state date required for item
each Access Service)

3. Duration Access Service is required
duration required for each Access
Service)

4. Quantity required
quantity required for each Access
Service)

5. The location(s) at which Access is
required
locations required for each Access
Service)

Access Code v1.0

Page 114 of 127

Signatory

.
Name: Name:

Date: Date:


Access Code v1.0

Page 115 of 127
APPENDIX D
Form E.4.2

Form E.4.2 - Official Request for Access
1. An Access Seeker who wishes to obtain Access to Access Services must complete the
following form and submit all relevant documents to the Access Provider. This form is a
prelude to the execution of an Access Agreement between the Access Seeker and the
Access Provider.
2. Please provide complete information asked for in the Form in order to avoid delay in
response by Access Provider.
3. Please ensure that the non-refundable processing fee in the amount of RM 1,000 is
enclosed with this request.

To:
The Access Provider
< State Address >

O f f i c i a l R e q u e s t f o r A c c e s s
We, < name of Access Seeker > (Co. Reg. No. ), the holder of [specify license types]
hereby make this Official Request for Access for the Access Service(s) stated below, in good faith
and in accordance with Section E 4 of the Code. We enclose a cheque for the sum of RM 300 as
a processing fee drawn on (< state name of drawers bank >)

Section A Corporate Information of Access Seeker
We set out below the Access Seekers full corporate information, and the relevant company forms
(Forms 9, 24 & 49) are attached to this form.

Section B Creditworthiness Information of Access Seeker
19

We set out below the necessary creditworthiness information comprising:
Paid up share capital
Latest audited accounts of the company certified by Auditor of the company

We understand that the Access Provider may require that the Access Seeker put up a security
deposit (in the form of a bankers guarantee from a reputable bank in Malaysia) for a value of the
Access Services provided to the Access Seeker over a 90 day period. I agree to provide such
security at the time the Access Agreement is executed and shall be a condition precedent to the
effectiveness of the Access Agreement

19
An Access Seeker who already has already has a contractual arrangement through Access Agreement with the
same Access Provider need not this information

Access Code v1.0

Page 116 of 127
Section C Official Request for Access
We hereby make the following Official Request for Access with respect to the Access Service(s)
20

selected below by the following Ready for Service (RFS) dates:-

1. Access to Network Services or Facility:

Forecast for 3 Years No Nature of Network
Service or Facility
Tick If
Request-
ing this
Service
Detail
Description of
the Nature of
Access or
Product
21

RFS
Date
Yr 1 Yr 2 Yr 3
Quantity
Required
Locations
Where
Required
1. Fixed Network
Origination
Service

2. Fixed Network
Termination
Service

3. Equal Access
(PSTN) Services

4. Mobile Network
Origination
Service

5. Mobile Network
Termination
Service

6. Interconnect Link
Service

7. Private Circuit
Completion
Service

8. Domestic
Network
Transmission
service

9. Internet Access
Call Origination
Service

10. 3G-2G Domestic
Inter-Operator
Roaming Service

11. Network
Signalling
Services

12. Inter-Operator
Mobile Number
Portability

13. Domestic
Connectivity to
International
Services

14. Digital
Subscriber Line

20
Comprising both Network Services, Facilities and Ancillary services
21
Once you have so selected, please provide detail description of the nature of the access you require, including the
product name (if exist)

Access Code v1.0

Page 117 of 127
Forecast for 3 Years No Nature of Network
Service or Facility
Tick If
Request-
ing this
Service
Detail
Description of
the Nature of
Access or
Product
21

RFS
Date
Yr 1 Yr 2 Yr 3
Quantity
Required
Locations
Where
Required
Resale Service
15. Internet
Interconnection
Service

16. Bitstream
Services

16. Broadcasting
Transmission
service

17. Digital Terrestrial
Broadcasting
Multiplexing
Service

18. Infrastructure
Sharing

19. Network Co-
Location service

20. Inter-Operator
Mobile Number
Portability
Support Services

2. Additional Technical Information
The Access seeker sets out below the relevant technical information that may impact the
provisioning of the Access services to the Access Seeker:
a. < State the relevant technical information relating to the Interface standards of the
Access seeker >
b. < State relevant information relating to the Access Seekers Network and the functionality
of its services, to the extent that the Access Seeker is aware that such information may
affect the Access Providers Network >

Section D Personnel Details
1. The Negotiation Team
Names
Details
Team Member 1 Team Member 2 Team Member 3
Name
Status of Member
22

Designation/Department

22
Please specify whether the person is an employee or independent consultant engaged by you.

Access Code v1.0

Page 118 of 127
Telephone (DID) No.
Fax
Mobile Phone No.
E-mail address

2. Negotiation Team Leader
Our negotiation team leader is [please specify name] who is [designation] of the Access
Seeker, and we hereby confirm that the team leader is able to make binding representations,
concessions and accept proposals made during the course of negotiations, subject to the final
approval being given by the Board of Directors of the Access Seeker.

Section E Access Seekers Licence(s) Issued by the MCMC
We attach with this form the copies of the Licence(s) issued by the MCMC that entitles us to seek
the above Access for the selected Access Services.

Section F Acceptance of Model Terms/ Request for Negotiation
1. We agree to the Model Terms set out in the Code to form the basis of Access
Agreement with you. *
2. We wish to negotiate the terms of the Access Agreement. *
(* to delete whichever is not applicable)


representative

.
Name: Name:

Date: Date:


Access Code v1.0

Page 119 of 127
APPENDIX E
Form E.4.3
Form E.4.3 - Response by Access Provider to Official Request for Access
Notes to Form E.4.3:

1. This form will be used by the Access Provider to signify one of three responses resulting
from the Access Seekers Official Request for Access :
a. Agrees to grant Access in accordance with Model Terms of the Code
b. Rejects the request for Access
c. Agrees to grant Access but desires to negotiate the terms of the Model Terms of
the Code
2. The Access provider will respond to the Access Seeker within the time lines prescribed in
Sub-section E.4.3 of this Code.

To: < Name of Access Seeker]
< Address >

R e s p o n s e t o O f f i c i a l R e q u e s t f o r A c c e s s

A. Grant of Access using Model Terms
We, < Access provider > wish to inform you, < Access Seeker >, that in respect of your Official
Request for Access dated <insert date of Request > which was received by us on < insert date
of receipt], our response is as follows :

1. We agree to provide Access to the Access Services listed below based on the Model
terms, without any modification. We are prepared to execute the Access Agreement
(based on the Model Terms) on or before < state date >. The Access Services are :

a. < List the types of Access Services for which Access is provided >

2. You are required to provide the following information and documents at the time of
execution of the Access Agreement:

a. Security deposit in the form of a bankers guarantee from a reputable bank in
Malaysia for the amount of < State amount > covering the above Access
Services.

b. Any additional information or clarification sought by the Access Provider that is
reasonably required to fulfil the request for Access.

B. Agrees to Grant Access to the Access Services but desire to re-negotiate the
Model Terms.

We, < Access provider >, wish to inform you, < Access Seeker > , that in respect of your Official
Request for Access dated <insert date of Request > which was received by us on < insert date of
receipt], our response is follows :

Access Code v1.0

Page 120 of 127
1. We agree to provide Access to the Access Services listed below based on negotiated
terms of the Model Terms.



Services.


3. The Access Providers representatives will be available on < state date > to commence
initial negotiation on the Access Agreement based on the Model Terms.

C. Agrees to Grant Access Based on Best Available Terms Relating to Capacity on
Model Terms

1. We agree to provide Access to the Access Services listed below on best available terms
relating to capacity based on the Model terms, without any modification. We are prepared
to execute the Access Agreement (based on the Model Terms) on or before < state date
>. The Access Services are :



Services.


D. Agrees to Grant Access Based on Best Available Terms Relating to Capacity but
desire to re-negotiate Model Terms

1. We agree to provide Access to the Access Services listed below on best available terms
relating to capacity but desire to re-negotiate the Model terms.



Services.

reasonably required to fulfil the request for Access

Access Code v1.0

Page 121 of 127
3. The Access Providers representatives will be available on < state date > to commence
initial negotiation on the Access Agreement based on the Model Terms.

E. Rejection of Access

We, < Access provider >, wish to inform you, < Access Seeker > , that in respect of your Official
Request for Access dated <insert date of Request > which was received by us on < insert date of
receipt], our response is follows :

1. Your Access Request is hereby refused with respect to the following Access Services:

a. < List the types of Access Services for which Access is refused >

2. The grounds for rejection of your Access Request with respect to the Access Services
listed in 1 (a) are set out below.
a. < the grounds must be in accordance with Sub-section E.4.4 of the Code >

b. The basis of the Access Providers rejection with sufficient detail is set out below:
[set out basis in numbered paragraphs]

Dated: [insert date of document]
Signed by the authorised representative of Access Provider.

.
Name:
Designation:

Date:

Company Stamp:

Access Code v1.0

Page 122 of 127
APPENDIX F
Form L.2.1
Form L.2.1 - Code Departure Memorandum
Notes to Form L.2.1 :
1. This form may be used by an Access seeker or Access Provider who departs from any of
the terms and conditions of the Code in their Access Agreements.
2. This Code Departure Memorandum shall also be submitted when additional terms (not
contained in the Model Terms) are agreed and added by the Parties to the Access
Agreement.
3. Confidential commercial information need not be submitted under this Code Departure
Memorandum.
4. If the actual provision contains confidential information then merely provide a description
of the clause.

To:
< State Address >

C o d e D e p a r t u r e M e m o r a n d u m
We, < name of Access Seeker or Access Provider > hereby notify the MAFB that we have made
the following departures from the Code (and Model Terms) in the Access Agreement entered into
between the < Access provider > and the < Access Seeker > :

1. The following terms in the Access Agreement are departures from the provisions of the
Model Terms. The rationale for such departures are also set out below :

Departures Agreed by
Access Provider and
Access Seeker
Provisions in the
Model Terms
Clause
No.
Actual
Provision (4)
Rationale for Such
Departures from Model
Terms

2. The following additional terms have been agreed by the Parties and are set out in the
Access Agreement. The rationale for such departures are also set out below.

Additional Terms Agreed by Access
Provider and Access Seeker
New
Clause
No.
Actual Provision (4)
Rationale for such Additions


Access Code v1.0

Page 123 of 127

Signatory

.
Name: Name:

Date: Date:

Signed by the authorised representative of Access Provider.

.
Name:
Designation:

Date:

Company Stamp:

Access Code v1.0

Page 124 of 127
APPENDIX G
Form M.1.4

Form M.1.4 - Code Clarification Request
Notes to Form M.1.4 :
1. This form shall be used by Members of MAF who desire that the MAFB issue a Code
clarification with regard to interpretation and meaning of any of the provisions of the Code
and the Model terms.
2. This Code Clarification Request shall be strictly confined to the matters set out in Sub-
section M.1.2 of the Code and excludes matters set out in Sub-section M.1.3

To:
< State Address >

C o d e C l a r i f i c a t i o n R e q u e s t
We, < name of Member > hereby submit this request to the MAFB to clarify the following
matter(s) under the Code:

Code
Provision
Page Matter(s) that require clarification MAFB Clarification Reason for
Clarification


Signatory
of the Access Seeker/Access Provider

.
Name: Name:

Date: Date:

Access Code v1.0

Page 125 of 127
APPENDIX H
Form P.6.1

Form P.6.1 - Code Review Request
Notes to Form P.6.1 :

1. This form shall be used by any Member who wish to propose an amendment or review of any
of the provisions of the Code.
2. The MAFB shall use the criteria set out in Sub-section P.6.2 of the Code to assess this
request for review.

To:

< State Address >

C o d e R e v i e w R e q u e s t
1. We, < name of Member > hereby submit this request to the MAFB to consider an
amendment or review of the following provisions of the Code for the reasons stated
below :

Code
Provision (or
New
Subject)
Page Matter(s) that require Amendment or
Review
Justification for Amendment
or Review

2. We attach the following information and data to support the request for the amendment:

a. < Technical Information >
b. < Other supporting data >
c. < Relevant evidence/information >

Dated: [insert date]

Signatory of the Member

.
Name: Name:

Date: Date:

Access Code v1.0

Page 126 of 127
APPENDIX I

ACCESSION DOCUMENT

MALAYSIAN ACCESS FORUM BERHAD
27D, Jalan 6/4,
Pandan Indah Commercial Park
55100 Kuala Lumpur

[date]

MAFB Ref No. :

ACCESSION BY [name of member]
TO THE FINAL VOLUNTARY ACCESS CODE DEVELOPED BY MAFB
PREAMBLE
Having regard to the designation of the Malaysian Access Forum Berhad (MAFB) as the
Industry Forum by the Malaysian Communications and Multimedia Forum on 19
th
March 2003;
And noting the agreement of the Members pursuant to the Memorandum and Articles of
Association of MAFB that requires the MAFB to develop the voluntary Access Code (Code);
And noting the attendance and participation of the original Members in the various Working
Group meetings conducted as part of the Code development process, including the opportunity to
provide comments and feedback on the draft Code;
And noting the completion of the voluntary Access Code that has been approved by the Working
Groups and the Board of the MAFB and ready for submission to the MCMC for registration.
And we, Members of the MAFB, intend to utilise the Access Code to self-regulate the dealings
between Access Providers and Access Seekers with regard to the Access Services.
Upon such registration of the Code by the MCMC, we [name of member] hereby agree as
follows:
1. Notwithstanding the voluntary nature of the Code, we agree to be bound by the Code
provisions and to apply the Code in its entirety with respect to the provision and seeking
of Access Services, whether in the capacity of Access Provider or Access Seeker.
2. To act in good faith and in a non-discriminatory manner in applying the Code.
3. To prepare and make available all relevant documents that are supplemental to the
Code, that facilitates the application of the Code, such as the Technical & Implementation
Manual and the Operational & Maintenance Manual.
This Accession Document shall be read together and form part of the Code, [and will enter into
force from the date of Registration of the Code by the MCMC].
Upon the premises set forth above, the Members have through their authorized signatories, set
their hand on the day stated below.

Access Code v1.0

Page 127 of 127

Acceded by <Name of Co> on this _______day of _________, 200x

.
Signed by (Authorised Representative)

(To be Update after Public Consultation)

Members of MAFB Signature Date
Telekom Malaysia Berhad
Maxis Broadband Sdn Bhd
TTdotCom Sdn Bhd
DiGi Telecommunications Sdn Bhd
Celcom Malaysia Berhad
MIMOS Berhad
AtlasOne Malaysia Sdn Bhd
Xintel Sdn Bhd
Accos Communication Sdn Bhd
REDtone Telecommunications Sdn
Bhd

[To add names of new members]

Access Code Draft Ver 1.0 For Public Consultation Dd250908

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