TOPIC
08
An Investigation on The Roles and Challenges of State Government, Local Authority and Network Provider in Facilitating The Adoption of GPP-I and Gazettement of UBBL Amendment 2021
LEAD RESEARCHER
Dr. Noor Hashimah Hashim Lim
UNIVERSITI MALAYA
TEAM MEMBERS
Dr. Liyana Hasnan
UNIVERSITI MALAYA
Dr. Nurdiyana Zainal Abidin
UNIVERSITI MALAYA
Dr. Nadzirah Hosen
UNIVERSITI TEKNOLOGI MALAYSIA
Abstract
This report examines the roles and challenges surrounding the development of communication infrastructure in Malaysia, focusing on the implementation of the Garis Panduan Perancangan Infrastruktur Komunikasi (GPP-I) and the Uniform Building By-Laws (UBBL) amendment 2021. These documents recognise communication services as an essential public utility, alongside water and electricity. The research investigates the roles of state governments, local authorities, and network service/ facilities providers while exploring the barriers to adopting these policies. This study employs an exploratory and qualitative approach to examine the roles and challenges faced by state governments, local authorities, and network providers in the development of communications infrastructure and the associated guidelines in Malaysia. The research gathers insights through interviews, focus group discussions, and document reviews, allowing for an in-depth exploration of context-specific challenges. Using thematic analysis, the study seeks to provide an understanding towards the roles and challenges to policy implementation at both the state and local levels, as well as the difficulties encountered by network providers. Data was collected from July to October 2024 via multiple platforms, including telephone interviews, online meetings, and WhatsApp conversations. A total of 16 respondents participated, with some requesting anonymity. The sample consisted of two (2) respondents from the state level, 12 from local authorities, one (1) from a network service/facility provider, and one (1) from the industry, representing a diverse geographic range from Malaysia's Northern, Central, Southern, and East Coast Regions. Key findings from the roles of the stakeholders include i) the main role of the state government is that in its responsibility to ensure a balanced relationship between the community, economic growth and governance in the area of its jurisdiction, it uses the State Structure Plan to dictate the need to have better communication services; ii) the role of the local authority is in between the planning stage via Local Plan and implementation via the Certificate of Completion and Compliance (CCC) procedure. It plays a role more of a coordinator and monitoring to ensure the process of telecommunication development aligns with that of the policies; and iii) the network provider's role is more about abiding by the policies and implementation procedures. Through understanding the roles of each stakeholder, it eases the exploration into the challenges faced by them. From the analysis, it was found that local authority faces the most challenges because they are sandwiched between the responsibilities mandated by the state level, while having to manage their own roles and having to monitor the progress of network providers. Their capacities and capabilities need recalibration. For the state government, the main challenge would be to raise awareness and exposure for the end users of the policies that they produce themselves while also understanding the policies that have been established by the federal-level agencies. A deeper understanding towards the content and objective of communications-related policies is highly recommended. As for the network providers, their challenge is more of understanding the policies (because they are the end users of those documents) as well as having a better monitoring mechanism for infrastructural construction. The recommendations outlined in this study underscore the importance of coordinated efforts to accelerate the deployment of communication infrastructure in Malaysia. By addressing these barriers, the country can enhance digital connectivity, promote equitable access, and strengthen its position as a leader in the digital economy.
Keywords: Free-To-Air (FTA), broadcasting, Uses and Gratification, media audience, communication
Introduction
Communications and broadband services have become essential to our daily lives and are key drivers of economic activities. They also play a critical role in attracting both domestic and foreign investments to Malaysia. Acknowledging their importance, the government has taken proactive steps to support the development and deployment of communication infrastructure. The introduction of the Garis Panduan Perancangan Infrastruktur Komunikasi (GPP-I) aims to assist state and local governments in this effort. Additionally, the definition of communications has been included in the amendment of the Uniform Building By-Laws (UBBL amendment 2021) to support communications as a public utility.
Although the UBBL amendment 2021 has been approved and gazetted at the federal level, it has yet to be gazetted at the state level. Similarly, while the GPP-I has been approved at the federal level as an instrument to facilitate the recognition of communications as a public utility, its implementation at the state and local levels remains limited. This study explores the roles and challenges faced by state authorities, local authorities, as well as network providers in adopting the GPP-I and integrating the UBBL amendments of 2021.
Three (3) research objectives established are;
To identify the roles that state government, local authority and network service providers in the process of communication infrastructure development/ deployment;
To identify the issues, challenges and experiences faced in adopting GPP-I and the gazettement of UBBL amendment 2021; and
To recommend prioritisation of successful factors facilitating state government and local authorities adoption of GPP-I and the gazettement of UBBL amendment 2021.
This research is significant from a policy and governance point of view in the sense that it can uncover the bottlenecks, such as bureaucratic inefficiencies, resource shortages, or gaps in training and capacity building. The findings could help to create a more coherent and effective policy environment that accelerates the deployment of communication infrastructure. Also, identifying the barriers to communication infrastructure development in Malaysia, offering insights from the perspective of the state authority, local authority and network providers in helping to improve policies, enhance coordination, expedite deployment, and promote social equity.
Literature Review
MALAYSIA'S INITIATIVE ON SUSTAINABLE DEVELOPMENT GOALS
Malaysia has significantly progressed in implementing SDG 9 (industry, innovation, and infrastructure) to address infrastructure challenges by 2030. The key initiatives of SDG 9 include the National Fiberisation and Connectivity Plan (NFCP) and Pelan Jalinan Digital Negara (JENDELA). The NFCP aims to expand Malaysia's digital connectivity by increasing fibre optic network coverage, ensuring broadband speeds of 30 Mbps in 98% of populated areas, and bridging rural-urban connectivity gaps. Similarly, JENDELA focuses on transitioning Malaysia into a digital economy. During Phase 1 (2020–2022), Malaysia has expanded 4G coverage to 96.9% of populated areas, improved broadband speeds to 35Mbps, and prepared for 5G deployment. Phase 2 (2023–2025) aims to achieve 100 Mbps mobile broadband speeds, 100% 4G coverage, and the full deployment of 5G. To achieve this, advanced technologies, such as satellite solutions, will address connectivity gaps in underserved areas.
MyDIGITAL ECONOMY BLUEPRINT
MyDIGITAL, guided by the Malaysia Digital Economy Blueprint, aims to transform Malaysia into a high-income, digitally-driven nation. This initiative complements national policies such as the 12th Malaysia Plan and Wawasan Kemakmuran Bersama 2030, which focus on bridging the digital divide, fostering innovation, and boosting economic growth. Key goals of MyDIGITAL include creating 500,000 jobs, equipping all students with access to online learning, and enabling 875,000 MSMEs to adopt eCommerce. By 2022, all government ministries and agencies were expected to implement cashless payment systems, with all civil servants achieving digital literacy. The blueprint is being implemented in three (3) phases (2021 to 2030) to strengthen digital adoption, drive transformation, and position Malaysia as a regional leader in digital content. This study highlights Thrust 3, which focuses on developing digital infrastructure to ensure extensive and high-quality connectivity.
MURNInets
The Malaysian Urban-Rural National Indicators Network for Sustainable Development (MURNInets) evaluates sustainability through urban indicators. In 2017, PLANMalaysia introduced MURNInets 2.0, a framework encompassing six (6) dimensions: Powered Economy, Safe Environment, Prosperous Communities, Optimal Land Use, Infrastructure and Efficient Transportation, and Effective Governance. One of the notable initiatives is the Infrastructure and Efficient Transportation dimension. A significant measure of Utility Efficiency is the Broadband Coverage Rate (4G), which tracks the percentage of the population with access to 4G services, aiming for 100% urban coverage by 2025. To achieve this goal, efforts are concentrated on upgrading existing networks and installing new infrastructure to address connectivity demands effectively.
MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION (MCMC)
The Malaysian Communications and Multimedia Commission (MCMC) plays a pivotal role in regulating the communications and multimedia industry to drive economic growth and address social needs. The MCMC actively regulates communications, broadcasting, and online activities under the Malaysian Communications and Multimedia Commission Act (1998). Since 2001, it has also overseen postal services and digital signature certifications. MCMC's core responsibilities include advising the government on policy objectives, enforcing relevant laws, regulating industry activities, and encouraging self-regulation. It promotes fair competition, ensures compliance with licensing standards, and safeguards consumer interests through dispute resolution and service availability. Its social regulation efforts focus on content development and public education, while technical regulation addresses spectrum management and enforcement of technical standards. Collectively, these initiatives strengthen Malaysia's digital infrastructure, driving innovation and enhancing competitiveness.
GARIS PANDUAN PERANCANGAN INFRASTRUKTUR KOMUNIKASI (GPP-I)
The Garis Panduan Perancangan Infrastruktur Komunikasi (GPP-I) guide authorities and developers in integrating communication infrastructure into urban planning. By addressing issues such as uncoordinated placements, the GPP-I prioritises safety, fairness, efficiency, accessibility, and aesthetics in development. Developers must incorporate communication infrastructure into their plans, treating it as an essential utility. Administrators uphold standards set by MCMC, maintain infrastructure, and ensure equitable access for service providers. Malaysia's federal and state governments share law-making authority, with federal laws prevailing in case of conflicts. This structure allows federal initiatives like the GPP-I to coexist with state-level guidelines, provided they align with overarching federal policies.
UNIFORM BUILDING BY-LAWS (UBBL AMENDMENT 2021)
The Uniform Building By-laws (UBBL) amendment 2021 mandates the inclusion of comprehensive communication infrastructure as a prerequisite for development approval. By-law 2 defines "communication" as services specified under the Communications and Multimedia Act (1998), ensuring strict adherence to MCMC standards. By-law 25 requires that a Certificate of Completion and Compliance (CCC) is issued only when all essential services, including communication infrastructure, are fully implemented. By-law 27 extends this requirement to partial CCCs for phased developments. As a conclusion, Malaysia has made significant progress in aligning its SDG 9 development with the digital infrastructure. These initiatives aim to bridge the digital divide and enhance broadband access. Despite these advancements, challenges such as coordination issues, limited resources, and low awareness at local levels continue to hinder implementation. Tools like the GPP-I and UBBL amendment 2021 address these gaps by integrating communication infrastructure into urban planning. Overcoming these barriers is essential to achieving Malaysia's goal of becoming a high-income, digitally-driven nation.
Methodology
This study adopts an exploratory and qualitative approach to investigate the roles and challenges faced by the state government, local authorities and network providers within the context of communications infrastructure development and its related guidelines in Malaysia. The study area is Peninsular Malaysia, while the targeted population are the state government, local authorities and network providers operating in Peninsular Malaysia. To ensure stakeholder representation, all there (3) targeted populations, i.e. the state government, local authority, and network provider according to regional demarcation in Malaysia, including Northern, East Coast, Central and Southern Regions, were approached. Following the qualitative sampling method, the respondents will be interviewed until data saturation is achieved.
The qualitative nature of the study allows for the collection of context-specific insights while shedding light on the challenges faced in the subject matter. Three (3) sets of open-ended questionnaires were produced as a guide for the interviews; one (1) for the state government representatives, one (1) for the LA representatives and one (1) for network provider representatives. The data were collected through various qualitative methods, including focus group discussion, in-depth interviews, written answers and voice recordings, depending on the comfortability and requests of the respondents. Then, the responses were transcribed. Afterwards, a thematic analysis was conducted where the themes of the roles and challenges faced by the targeted populations to policy implementation at the state and local levels were uncovered. The findings were then mapped according to the roles, challenges and recommendations.
Findings and Analysis
Data was collected from July 2024 to October 2024, where a total of 16 respondents participated with some requested anonymity. The sample comprised two (2) respondents from the state level, i.e. Johor and Selangor; 12 from local authorities, i.e. three (3) from the Northern Region, four (4) from the Central Region, four (4) from the Southern Region and one (1) from the East Coast Region; one (1) from a network service/facility provider; as well as one (1) additional sample from the industry. It is noted that efforts to reach out and engage with officers at the state level were met with constant rejection. In the beginning, state officers from Selangor (Central Region), Johor (Southern Region), Terengganu (East Coast Region), Perak and Kedah (Northern Region) were approached. The participants represented a diverse geographic range ensuring a diverse and comprehensive representation of perspectives relevant to the study. However, it is to note that after rounds of enquiries that were met with rejections while considering time constraints, the study decided to move on with two state-level officers who agreed to participate. As the study into the challenges faced with the implementation of the UBBL amendment 2021 is more related to state-level affairs, this has become a limitation to the study. In other words, the study is unable to have a clearer view of the roles and challenges faced by the state-level government in the effort to implement the usage of UBBL amendment 2021 in their jurisdiction area.
Research Objective 1: To identify the roles that state government, local authority and network service providers in the process of communication infrastructure development/deployment
Roles of the State Government
Role 1: Governance endorsement
- Acknowledge, endorse and instruct the implementation of plans, policies and guidelines produced at the federal level are done at the local level, while considering regional priorities and specific local conditions.
Role 2: Ensuring a balanced relationship between the community, economic growth and governance
- State governments may assume a bigger role in facilitating public consultations and addressing community concerns (should the impact be a large one), particularly when telecommunication projects may raise issues related to environmental impact, health concerns, or land ownership.
- Through their local authorities, state governments help mediate between developers and the public to address these concerns, ensuring a balance between infrastructure development and community interests.
Role 3: Development plan
- Overseeing land use zoning and regional growth in the State Structure Plan, which directly impacts the siting of telecommunication infrastructure such as towers, base stations, and fibre optic networks.
- Thus, while the federal government sets the strategic direction, the state government is integral in ensuring that telecommunication infrastructure is developed in a way that is regionally relevant, compliant with local regulations, and beneficial to the local community.
Roles of the Local Authority
Role 1: Development plan
- Establishing Local Plan while determining land use zoning that aligns with State Structure Plan as well as the district's context.
Role 2: Planning permission
- Approval process for communication infrastructure development - ensuring the developments comply with local zoning laws, building regulations, guidelines and standards.
- Coordinate the submission of required documentation from applicants to the technical committee and vice versa via One Stop Centre and Local Planning Authority.
Role 3: Endorsement of Certificate of Completion and Compliance (CCC)
- Site inspections once construction begins to ensure the infrastructure is being built according to the approved plans and that any conditions set during the approval process are being met.
- This is where the form is signed by the Principal Submitting Person (PSP) and endorsed by the local authority (LA).
- Within this form, telecommunications fall under form G20 which calls for a qualified person to check and sign. This oversight is particularly important in ensuring that projects are completed safely and sustainably.
Role 4: Community engagement
- Serve as the point of contact for any community concerns or objections related to the communication infrastructure projects.
- Mediate between developers and the public to address these issues.
Roles of Network Provider
Role 1: Pre-construction consultancy
- Compliance with planning and technical requirements to decide on project feasibility.
Role 2: Planning permission submission
- Compliance with planning and technical requirements.
- Submission and obtain the necessary approvals and permits before developing infrastructure.
- Address any concerns raised by LAs or other technical agencies.
Role 3: During construction and post-construction
- Ensuring that infrastructure projects comply with safety and technical standards.
- Get endorsement of Certificate of Completion and Compliance (CCC) from LA, via PSP.
- Ensure that telecommunication infrastructure is operated, and maintained in a way that meets the needs of users while complying with legal and regulatory requirements.
- May engage in infrastructure-sharing agreements with other providers to reduce costs, minimise duplication of infrastructure, and enhance service delivery, especially in urban and densely populated areas.
Research Objective 2: To identify the issues, challenges and experiences faced in adopting GPP-I and the gazettement of UBBL amendment 2021
State Government
Issue 1: End users of policy documents are not fully aware of its varying objectives and usage. In Malaysia, both the federal and state levels have the power to establish policies and guidelines deemed necessary based on the nation's developmental needs.
The allowance to use different guidelines is a direct consequence of Malaysia's decentralised planning system where each state in Malaysia is empowered to enact its own guidelines tailored to local conditions. The problem can arise when the end users are not fully aware and are not fully exposed to the differences and usage between multiple documents. The co-existence of two (2) communication planning-related guidelines are as follows;
- GPP-I by MCMC: a federal-level guideline which serves as a reference document for the deployment of communication infrastructure at the planning stage.
- Garis Panduan Perancangan Menara dan Struktur Sistem Pemancar Komunikasi di Negeri Selangor 2019 by PLANMalaysia Selangor: a state-level guideline specific to Selangor, which aims to regulate the placement of communication infrastructure, specifically tower structures within the state at the implement
Issue 2: Prioritisation of guidelines and acts endorsement at the state and local levels.
Some state governments might think that certain guidelines are not seen as a priority for endorsement and use. There are often gaps in communication and understanding between federal and state agencies. Federal agencies, such as MCMC, may draft policies based on broad national objectives, but these documents may lack the necessary detail or relevance to convince state-level decision-makers of their importance. Without this relevance, state governments may be slow to prioritise the discussion of these guidelines. The document's presentation may also fail to convey the urgency or significance of the issue, which can further undermine its perceived importance. The state-level response, in this case, might be shaped by the perception that telecommunications infrastructure—while crucial—is not an immediate concern compared to other local issues such as urban development, housing, or transportation. Furthermore, if a state has more pressing issues or a different approach to regulating telecommunications infrastructure, it may view the MCMC's guidelines as an unnecessary imposition or duplication of existing policies. This leads to delays or reluctance in taking the document to higher management levels for endorsement.
Local Authority
Issue 1: Comments from MCMC as a technical committee during the Planning Permission process are not as detailed until the point it can guide local authorities to help monitor the conditions outlined in the guideline (GPP-I).
MCMC is one of the "technical departments" and has the authority to give appropriate commentaries in the paperwork of planning approval applications forwarded by the LA. The specific comments given by MCMC during this stage will be treated as a condition for the applicant to follow accordingly. Failure of the applicant to abide by the commentaries will cause failure in obtaining the approval and gaining the development order altogether. LA via One Stop Centre serves as a centre to receive and disseminate information/ documents. The LA's scope of work (and capacity) bounds them to halt at the document checking written in the commentaries section of each Planning Permission application. Hence, when MCMC's commentaries during the Planning Permission application are general, the LA document checking will also be general. They do not have the capacity to go into detail and check the Guideline of each technical committee to assess whether the conditions stated by each technical committee have been met. For context, each application has about 21 technicalities to assess, depending on the characteristics of the site. This highlights the scope of work required by each technical committee to contribute and state their conditions as specific as possible, tailored to the site/ application in question.
Issue 2: Principle Submitting Person has more "power" over LA in terms of CCC approval.
The Principal Submitting Person (PSP) can only issue CCC when all the building components are fully certified by the various parties. The process for acquiring certification for each building component is carried out progressively as and when the particular component is completed at the site. As such, the issuance of the CCC is well within the control of the PSP. Furthermore, the issuing period will be more assured since the involvement of the LA in the CCC issuing process is minimal, as the power of the PSP is more here; however, the role of check and balance assumed by the LA remains. Hence, the approval of Form G20 depends entirely on the integrity, understanding and interpretation of the PSP on the word "telecommunication". Also, this opens up flexibility for the applicant, e.g. developer or individual, to pick and choose whichever telecommunication infrastructure that he/ she wants to provide or build. It is understood that where GPP-I is concerned, it is being utilised as a guideline for the planning stage of the telecommunication infrastructure. On the other hand, the UBBL (Amendment 2021), form G20 and form CCC are utilised after the construction of the telecommunication infrastructure in question. MCMC's involvement in the pre-construction stage of telecommunication infrastructure development is lower than in the post-construction stage, which has become an issue.
Issue 3: The definition of the term "telecommunication" has too broad a meaning.
Based on the Communications and Multimedia Act 1998 (CMA 1998), the word "communications" means any communication, whether between persons and persons, things and things, or persons and things, in the form of sound, data, text, visual images, signals or any other form or any combination of those forms. The word encompasses a broad meaning. This can cause a lack of standardisation and specific requirements of the type and conditions of the telecommunication infrastructure needed by different sites with different characteristics. In tandem with this, the word "telecommunication" also has a broad definition which includes end-to-end emission, transmission or reception of sound, data, text, visual images, signals or any other form or any combination of those forms. Such services also include fixed network voice telephone, analogue or digital cellular or mobile telephone, satellite telecommunication, internet and other digital data transmission, network component rental, sales and service, network access and network facilities, international telecommunication basic infrastructure, wireless paging, and resale of basic telecommunication. This opens up flexibility and room for the applicant and its hired PSP to approve the CCC form and accept Form G20 as long as it has achieved the minimum requirement. It also disables LA to exercise any legal actions towards the applicant and the PSP.
Network Provider
Issue 1: Failure of contractors to adhere to the approved deployment plans causing project delay and cost implications.
A specific challenge the provider encountered involves the failure of contractors to adhere to the approved deployment plans. This lack of adherence can lead to complications when authorities conduct site inspections or when the project reaches the Certificate of Completion and Compliance (CCC) stage. If the contractors deviate from the approved plans—such as not following the building plans or infrastructure layouts—it results in the need for rework or corrections. This is particularly problematic at later stages of the project, such as during the inspection phase, when any discrepancies become apparent. The provider emphasised that when these issues arise, significant delays occur, as the necessary adjustments are made to bring the project in line with the original specifications. This, in turn, leads to additional costs, both in terms of labour and resources, to redo work that should have been completed the first time correctly. Such issues not only delay the project but also cause further financial strain due to the need to rectify the mistakes, highlighting the critical importance of proper planning and adherence to approved designs.
Issue 2: Opposition from landlords and local communities.
The provider also faces significant challenges during the communications infrastructure development stage, particularly when it comes to building towers. Before proceeding with tower installation, extensive due diligence is required to assess the suitability of the location. Although certain areas may seem ideal for tower deployment due to their potential to serve surrounding regions, the provider often encounters difficulties related to land acquisition. Landowners may refuse to sell or lease the land needed for the tower, hindering progress. Additionally, there is often opposition from local communities, particularly in rural or urban areas, where concerns about health risks, property value decline, and environmental impacts arise. These concerns lead to resistance from residents, further delaying the development process. As a result, the provider faces delays not only from logistical and regulatory challenges but also from social opposition to tower construction. Together, these challenges contribute to the overall complexity and delay in the communications infrastructure development process.
Recommendations
Research objective 3: To recommend prioritisation of successful factors facilitating state government and local authorities' adoption of GPP-I and the gazettement of UBBL amendment 2021
State Government
Recommendation 1: Increasing end users' awareness and usage towards guidelines with similar objectives.
In light of the existence of related guidelines that can happen between the federal level and state level authority, a more effective approach to ensure proper usage of those documents by the end users would be to recommend constant structured dialogues and collaborations between the related agencies with the end users. The dialogue can be more about information dissemination on the objectives and usage of the documents, while the collaboration can be more about engaging high-interest end users, e.g. LA, PLANMalaysia or even large network facilities providers, to become agents for this information dissemination. Another recommendation is for MCMC and PLANMalaysia (and other related agencies in the future) to establish regular consultation sessions where representatives from both agencies can discuss, align, and harmonise their respective guidelines, policies, and strategies.
Recommendation 2: Improve cooperation and facilitate smoother policy adoption.
To address the issue of state-level reluctance in endorsing policies and guidelines, it is recommended that engagement happen between federal and state governments early in the policy formulation process. One (1) of the key reasons state governments may hesitate to prioritise federal guidelines is the lack of consultation or involvement during the drafting stages. This disconnect often leads to policies and guidelines being perceived as disconnected from local realities. To overcome this, consultations with state agencies and local stakeholders can be initiated before finalising the document. This collaborative approach can also be seen as an effort to foster a sense of ownership, which is essential for state governments to prioritise federal initiatives.
A critical aspect of ensuring state buy-in is how the guidelines are communicated. Often, state governments may dismiss federal guidelines if they are presented in a broad, generic manner without clearly demonstrating their local significance. To remedy this, the adoption of a more tailored approach in framing the guidelines by producing state-specific documents or summaries that highlight how the guidelines will address local challenges, such as enhancing connectivity in rural areas or promoting economic development through improved telecommunications infrastructure. By showcasing how the guidelines align with the state's own development goals, the documents will seem more pressing and relevant. Also, the guidelines can be framed as a tool for enhancing local governance rather than an imposition. By demonstrating how the guidelines can complement state-level policies or offer additional resources to help achieve local goals, the guidelines can be presented as a collaborative effort rather than a top-down mandate.
Recommendation 3: Enhancing the role and capacity of a technical committee in the planning permission stage.
It is recommended to enhance the role of MCMC as a technical committee by creating a structured, site-specific checklist or template that it can use to provide more detailed feedback. This checklist can be designed to guide LAs on the specific requirements of telecommunications infrastructure for each development, taking into account the unique context of the site, such as urban or rural location, proximity to existing infrastructure, and the type of development (residential, commercial, industrial, and etc.). Additionally, MCMC can consider including the specifications of the exact dimensions, materials, and technical standards required for the layout plan, as well as the necessary approvals from Professional Consultants or Certified Engineers, instead of leaving it open for interpretation. This approach would allow for more effective monitoring of the telecommunications infrastructure development, as each application would be reviewed with a consistent, well-defined framework that aligns with the broader goals of the GPP-I. Secondly, it is highly recommended that MCMC invest in capacity-building initiatives which focus on enhancing both the technical expertise and the understanding of the planning and regulatory processes that the technical committee staff must navigate.
Recommendation 4: Strengthening local authorities' capacity and manpower for effective infrastructure development.
It is recommended that the manpower distribution and number of personnel in LAs be strategically allocated and, more importantly, increased. Moreover, while they are responsible for managing development applications and ensuring adherence to regulatory standards, they often lack the specialised knowledge or personnel to thoroughly assess complex technical requirements, such as those related to telecommunication infrastructure. As a result, LAs may face challenges in verifying compliance with the conditions outlined by technical committees like MCMC, potentially leading to oversight gaps. Given the critical nature of these roles, the LAs need to enhance their capacity to manage and oversee the development of utilities and infrastructure.
This can be achieved through targeted capacity-building initiatives, such as specialised training programmes, recruitment of skilled professionals, and the provision of modern tools and technologies to streamline their operations. By improving the skill sets of local authority staff and ensuring that they are better equipped to handle complex tasks, the government can empower them to effectively manage the increasing demand for communication infrastructure while ensuring regulatory compliance. Additionally, the creation of a dedicated oversight body, perhaps a specialised unit within the LA, tasked with monitoring utilities and infrastructure compliance throughout the development process, could be beneficial. This body could work in close collaboration with MCMC to ensure that the infrastructure meets both technical and regulatory requirements, while also providing additional transparency and consistency in the approval process.
Recommendation 5: Defining communication infrastructure more specifically to ensure clearer oversight and compliance.
To address the ambiguity surrounding the broad definition of "communication" and its impact on the development and approval of communication infrastructure, it is essential to establish a more precise and comprehensive definition of communication infrastructure within the regulatory framework. The current broad interpretation allows flexibility but also leads to inconsistent interpretations among network providers and LAs, as evidenced by varying responses to the approval of Form G20 in different local authorities. A clear, standardised definition would ensure uniformity in the approval process, improving accountability and oversight. It would also allow for a more structured approach in determining the type and conditions of communication infrastructure required for specific sites, addressing issues such as infrastructure sharing and mismatched monitoring. This would help to align the roles of service providers, authorities, and stakeholders with the actual communication needs of each project, thus ensuring that regulatory standards are met and that local authorities can effectively monitor and enforce compliance.
Conclusion
Malaysia has made notable progress in aligning its communication infrastructure development with national priorities and global Sustainable Development Goals. Initiatives such as JENDELA and MyDIGITAL Economy Blueprint reflect the country's ambition to bridge the digital divide and strengthen its position as a regional leader in the digital economy. Together with the above initiatives, it is supported by the establishment of GPP-I as well as the gazettement of UBBL amendment 2021. However, it was found that both GPP-I and UBBL amendment 2021 encountered problems in terms of its usage and limited implementation at the ground level. As such, the study intends to understand the issue by using exploratory and qualitative approaches. Through thematic analysis, the roles and challenges faced by the stakeholders involved were discovered, and suitable recommendations were then suggested.
The main role of the state government in the telecommunication infrastructure perspective is its responsibility to ensure a balanced relationship between the community, economic growth and governance in the area of its jurisdiction; it uses the State Structure Plan to dictate the need to have better communication services. From here, we can understand that the state level is more towards governance and policy-based intervention. The role of the local authority is in between the planning stage via the Local Plan and implementation via the CCC procedure. It plays a role more of a coordinator and monitoring to ensure the process of telecommunication development aligns with that of the policies. As for the network provider, it is more about implementation and following procedures.
| Roles | Challenges | Recommendations | |||
|---|---|---|---|---|---|
| State Government | SG 1: Governance endorsement | I-SG 1: End users of policy documents are not fully aware of its varying objectives and usage | R-SG 1: Increasing end users' awareness and usage towards guidelines with similar objectives | ||
| I-SG 2: Prioritisation of Guidelines and Acts endorsement at the State and Local Level | R-SG 2: Improve cooperation and facilitate smoother policy adoption | ||||
| SG 2: Ensuring balanced relationship between the community, economic growth and governance | |||||
| SG 3: Development plan | |||||
| Local Authority | LA 1: Development plan | ||||
| LA 2: Planning permission | I-LA 1: Comments from MCMC as a technical committee during the Planning Permission process is not as detailed until the point it can guide LA to help monitor the conditions outlined in GPP-I | R-SG 3: Enhancing the role and capacity as a technical committee in the planning permission stage | |||
| LA 3: Endorsement of Certificate of Completion and Compliance (CCC) | I-LA 2: PSP has more "power" over LA in terms of CCC approval | R-LA 1: Strengthening LA's capacity and manpower for effective infrastructure development | |||
| I-LA 3: The definition of the term "telecommunication" has too broad a meaning | |||||
| LA 4: Community engagement | |||||
| Network Provider | NP 1: Pre construction consultancy | I-NP 1: Opposition from landlords and local communities | |||
| NP 2: Planning permission submission | |||||
| NP 3: During construction and post construction | I-NP 2: Failure of contractors to adhere to the approved deployment plans causing project delay and cost implications | ||||
Figure 1: The mapping of roles, challenges and recommendations from the perspective of state government, local authority, as well as network provider in adopting the GPP-I and integrating the UBBL amendments of 2021.
Through understanding the roles of each stakeholder, it eases the exploration into the challenges faced by them. From the analysis, it was found that the most challenging stakeholder is the local authority because they are sandwiched between the responsibilities mandated by the state level while having to manage their own roles while having to monitor the progress of network providers. Their capacities and capabilities need recalibration. For the state government, the main challenge would be to raise awareness and exposure for the end users of the policies that they produce themselves while also understanding the policies that have been established by the federal-level agencies. A deeper understanding towards the content and objective of communications-related policies is highly recommended. As for the network providers, their challenge is more of understanding the policies (because they are the end users of those documents) as well as having a better monitoring mechanism for infrastructural construction.
The main limitation of the study is that it is unable to have a clearer view of the roles and challenges faced by the state-level government in the effort to implement the usage of UBBL amendment 2021 in their jurisdiction area. Again, this was caused by the fact that many state-level officers refused to participate in the study. Despite this limitation, the study was able to uncover interesting findings from the stakeholders on the ground. By addressing these challenges, Malaysia can enhance its connectivity, support economic inclusivity, and secure its position as a digitally-driven, high-income nation. These efforts are essential to achieving the country's long-term goals of digital transformation and social equity.
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