Malaysia legislation
Section 226
Section 226
Criteria for issue of network facilities installation permit
The Commission shall issue a network facilities installation permit that authorizes a network facilities provider to carry out the installation of one or more facilities if the network facilities provider has satisfied the Commission that—
(a)
both of the following conditions are satisfied:
(i)
the provider has made reasonable efforts in good faith with each proprietor whose approval is required or would, apart from section 215, be required, for carrying out the installation; and
(ii)
at least one of those approvals has not been obtained within fourteen days after the beginning of the negotiations concerned;
(b)
each State Authority, local authority or other authority, whose approval is required or would, apart from section 215, be required, for the installation of the network facilities, has given such approval;
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Act 588
(c)
the network facilities are, or are likely to be, part of another network facility of national significance;
(d)
the network facilities are, or are likely to be, an important part of another network facility;
(e)
any of the following conditions is satisfied:
(i)
the network facilities are part of another network facility, the greater part of which has already been installed;
(ii)
the network facilities are a part of another network facility, the greater part of which has not been installed, but each State Authority, local authority or other authority whose approval was required or would, apart from section 215, be required, for the installation of the greater part of the network has given, or is reasonably likely to give, such approval; or
(iii)
the network facilities are part of another network facility, none of which has been installed, but each
State Authority, local authority or other authority, whose approval was required or would, apart from section 215, be required, for the installation of the greater part of the infrastructure of the network facilities, has given, or is reasonably likely to give, such approval; and
(f)
the advantages that are likely to be derived from the operation of the network facilities outweigh any form of degradation of the environment that is likely to result from the installation of the network facilities.
Network facilities installation permit has effect subject to this
Act and other laws