Communications & Multimedia

Capabilities

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Overview

Our Communications & Multimedia practice group advises on communications and multimedia matters, information and communications technology matters, e-commerce, corporate commercial matters, data protection and privacy laws and competition laws.

As one of the first legal firm to practise in the field of communications and multimedia in Malaysia, we have extensive experience in representing major communications (fixed and mobile) and multimedia providers in various matters.

Our clients also benefit from our in-depth knowledge gained through our participation in the drafting of the Communications & Multimedia Act 1998 and the Malaysian Communications & Multimedia Commission Act 1998, which is one of the first set of legislation (if not the first) to regulate the converging telecommunications and broadcasting industry.

Through our many years of advising clients in this industry, we have a good understanding of the industry and its history. This understanding and experience helps us to not just give our clients legal advice but also practical solutions.

Areas of Practice

Communications and Multimedia matters (including regulatory advise)

E-Commerce

Data Protection and Privacy laws

Information and Communications Technology matters

Corporate Commercial matter

Competition laws

Key Experience

Advised a major fixed line operator in the drafting of access reference offering pursuant to and in compliance with mandatory standards on access and the access list issued by the Malaysian Communications and Multimedia Commission.
Advised a major fixed line operator in the drafting of interconnection and access agreements, in respect of mobile and fixed networks, for the provision on various communication services, including but not limited to, fixed and mobile termination and origination services, interconnect link services (leased lines), domestic network transmission services, network co-location, domestic connectivity to international services (connectivity from the cable landing stations), bitstream services, DSL wholesale etc. and advising on legal and regulatory issues, including but not limited to, compliance with the mandatory standards on access and access pricing issued by the Malaysian Communications and Multimedia Commission.

Involved in the drafting of client’s indicative terms and conditions for high speed broadband services to be provided over the high speed broadband network rolled out by client.
Advised client in the drafting of an agreement for the provision of bandwidth services by way of fibre between its customer’s access site to the regional main site.
Reviewed Airtime Management & Programming Sdn Bhd’s Code of Practice to ensure consistency with the Communications and Multimedia Act 1998.
Advised on various regulatory issues under the Communications and Multimedia Act including licensing issues, spectrum issues, universal service obligations, rate setting etc.

Advised a major utility on a strategic alliance agreement with a US technology partner specialising in radio frequency technology for smart city applications and a master supply agreement for the acquisition of radio frequency equipment.
Advised Tenaga Nasional Berhad on the design, supply, installation, testing and commissioning of its smart metering system in the State of Melaka and for the provision of maintenance services with respect to the Head-End System.
Advised Dialog Axiata PLC on the outsourcing of their call centre to a special purpose vehicle which is a joint venture between Dialog Axiata PLC and First Source Limited of India. The outsourcing arrangement involved the transfer of Dialog Axiata PLC’s call center assets and relevant employees to the special purpose vehicle.

Advised Jaring Communications Sdn Bhd on their WiMAX buildout agreement whereby the vendor will supply network equipment for and assist with the rollout of client’s WiMAX network.
Advised Syarikat Takaful Malaysia, an Islamic insurance company, on the drafting of a bespoke software agreement whereby client will acquire and own the bespoke software specifically written and developed by the software consultant.

Advising various clients on the provision of electronic money/e-wallet services including the regulatory approvals.
Advised Telekom Malaysia Berhad in the drafting of the consortium agreement and thereafter joint venture agreements for the purposes of the consortium tendering for the concession of the various Multimedia Super Corridor Flagship Projects such as the Electronic Government project, the Telemedicine project and the Smart School project.
Advised Commerce Dot Com Sdn Bhd in the provision of the E-Procurement Services, a Multimedia Super Corridor Flagship Project. Our scope included the drafting of concession agreements, end-user subscription agreements, service level agreements, disaster recovery agreements, certification authority services agreement and content management services agreement.

Advised Jaring Communications Sdn Bhd on their WiMAX buildout agreement whereby the vendor will supply network equipment for and assist with the rollout of client’s WiMAX network
Advised Syarikat Takaful Malaysia, an Islamic insurance company, on the drafting of a bespoke software agreement whereby client will acquire and own the bespoke software specifically written and developed by the software consultant.

Communications and Multimedia

Advised a major fixed line operator in the drafting of access reference offering pursuant to and in compliance with mandatory standards on access and the access list issued by the Malaysian Communications and Multimedia Commission.
Advised a major fixed line operator in the drafting of interconnection and access agreements, in respect of mobile and fixed networks, for the provision on various communication services, including but not limited to, fixed and mobile termination and origination services, interconnect link services (leased lines), domestic network transmission services, network co-location, domestic connectivity to international services (connectivity from the cable landing stations), bitstream services, DSL wholesale etc. and advising on legal and regulatory issues, including but not limited to, compliance with the mandatory standards on access and access pricing issued by the Malaysian Communications and Multimedia Commission.

Involved in the drafting of client’s indicative terms and conditions for high speed broadband services to be provided over the high speed broadband network rolled out by client.
Advised client in the drafting of an agreement for the provision of bandwidth services by way of fibre between its customer’s access site to the regional main site.
Reviewed Airtime Management & Programming Sdn Bhd’s Code of Practice to ensure consistency with the Communications and Multimedia Act 1998.
Advised on various regulatory issues under the Communications and Multimedia Act including licensing issues, spectrum issues, universal service obligations, rate setting etc.

Information and Communications Technology

Acted for the lead arranger for the Merdeka ASEAN Green SRI Sukuk of MYR2.0 Billion and Sukuk of MYR3.65 Billion established by PNB Merdeka Ventures Sdn Bhd, a wholly owned subsidiary of Permodalan Nasional Berhad (“PNB”), for purposes of financing part of the construction of the Warisan Merdeka project in the historic Stadium Merdeka and Stadium Negara enclave. The Merdeka ASEAN Green SRI Sukuk Programme is the first in Malaysia to adopt the ASEAN Green Bond Standards and also complies with the requirements of the sustainable responsible investment (SRI) Sukuk under the Malaysian Launch and Lodge Framework. It won Debt Market Deal of the Year (Premium) 2018 - ALB Malaysia Law Awards - Asian Legal Business

Acted for Genting Berhad for an issuance of U.S.$1.0 Billion 4.25 per cent. guaranteed notes by Genting Berhad’s indirect wholly-owned subsidiary, GOHL Capital Limited which is offered entirely offshore and outside the United States of America in reliance on Regulation S under the United States Securities Act of 1933.
Acted for financiers for a multicurrency Sukuk Murabahah Programme of up to MYR7.0 Billion (and equivalent in USD) established by Sapura TMC Sdn Bhd, a wholly owned subsidiary of Sapura Energy Berhad. The first issuance under the Multi-Currency Sukuk Murabahah Programme is also the first unrated USD Sukuk to be raised onshore. It was awarded the prestigious Emas Sukuk by the Central Bank of Malaysia.

E-Commerce

Advising various clients on the provision of electronic money/e-wallet services including the regulatory approvals.
Advised Telekom Malaysia Berhad in the drafting of the consortium agreement and thereafter joint venture agreements for the purposes of the consortium tendering for the concession of the various Multimedia Super Corridor Flagship Projects such as the Electronic Government project, the Telemedicine project and the Smart School project.
Advised Commerce Dot Com Sdn Bhd in the provision of the E-Procurement Services, a Multimedia Super Corridor Flagship Project. Our scope included the drafting of concession agreements, end-user subscription agreements, service level agreements, disaster recovery agreements, certification authority services agreement and content management services agreement.

Advised Jaring Communications Sdn Bhd on their WiMAX buildout agreement whereby the vendor will supply network equipment for and assist with the rollout of client’s WiMAX network
Advised Syarikat Takaful Malaysia, an Islamic insurance company, on the drafting of a bespoke software agreement whereby client will acquire and own the bespoke software specifically written and developed by the software consultant.

Corporate Commercial

Personal Data and Competition Laws

Recognition

Asian-mena Counsel Firm of the Year 2012 for Telecommunications, Media and Technology

– Pacific Business Press

Chambers Asia Pacific 2024

Notable for Technology and Telecommunications

Chambers Asia Pacific 2024

Band 3 for Technology, Media, Telecoms (TMT)

Legal 500 Asia Pacific 2024

Tier 3 for TMT (Including Fintech

Awards

Asian-mena Counsel Firm of the Year 2012 for Telecommunications, Media and Technology

– Pacific Business Press

Ranking

Chambers Asia Pacific 2024

Notable for Technology and Telecommunications

Chambers Asia Pacific 2024

Band 3 for Technology, Media, Telecoms (TMT)

Legal 500 Asia Pacific 2024

Tier 3 for TMT (Including Fintech

Consult with Our Experienced Practice Leaders

Darren Kor Yit Meng

Farah Mohamed Said

"The partners are hands-on. The team is responsive to last minute requests and changes and put in the time and effort to turn around as quickly as possible."

Legal 500 Asia Pacific 2024

"Super in-depth knowledge on telco regulation."

Legal 500 Asia Pacific 2024

"Zul Rafique & Partners is well versed in the telecommunication regulations in Malaysia, which therefore makes the firm suitable for handling complex and sophisticated matters in the TMT industry."

Chambers Asia Pacific 2023

"ZUL RAFIQUE & partners’ tightly knit team enters the tables as a notable practice. Darren Kor has a good relationship with a Malaysian utility company as it implements new services, such as smart metering."

Asialaw 2018– Notable

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