Communications & Multimedia
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
Our areas of practice include:
- Communications and Multimedia matters (including regulatory advise)
- Information and Communications Technology matters
- E-Commerce
- Corporate Commercial matters
- Data Protection and Privacy laws
- Competition laws
SELECTED AWARDS
- Asian-mena Counsel Firm of the Year 2012 for Telecommunications, Media and Technology – Pacific Business Press
RANKING
- Asialaw Profiles 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)
SELECTED EXPERIENCE
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
- 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.
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.
Corporate Commercial
- Advised various clients on memorandum of understandings, collaboration agreements, consortium agreements, joint venture agreements, service agreements, supply agreements, distribution agreements and sale and purchase agreements.
Personal Data and Competition Laws
- Advised client on their personal data protection compliance policies including privacy notices.
- Advised various foreign clients (including VMWare, Dyson, Vodaphone) on their data retention requirements under Malaysian laws.
- Advised various clients on competition law issues under the Communications and Multimedia Act 1998 and the Competition Act 2010.
QUOTES
"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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