Circular No. 02/2008/TT-BTTTT guiding the issuance of frequency band licenses

CIRCULAR

Guidelines for Issuing Frequency Band Licenses

Based on the Post and Telecommunications Ordinance dated May 25, 2002;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Based on Decree No. 24/2004/NĐ-CP dated January 14, 2004 of the Government detailing certain provisions of the Post and Telecommunications Ordinance regarding radio frequency;

Based on Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government stipulating administrative penalties for violations related to post, telecommunications, and radio frequencies;

The Ministry of Information and Communications provides specific guidelines for issuing frequency band licenses to organizations and businesses as follows:

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

These Circulars guide the issuance of frequency band licenses to telecommunications enterprises with network establishment and service provision permits, organizations and businesses operating private telecommunications networks, and internal networks using radio frequencies.

2. Licensing Authority

2.1. The Radio Frequency Management Department under the Ministry of Information and Communications receives, processes applications, issues, and revokes frequency band licenses.

2.2. Depending on each period, based on planning, the Ministry of Information and Communications announces the frequency bands considered for license issuance and the licensing forms.

3. Application Documents for Frequency Band License

Organizations and businesses applying for frequency band licenses must be responsible for the accuracy and legality of all documents in their application.

3.1. Application documents for frequency band licenses for public telecommunications networks and private telecommunications networks already having network establishment permits

3.1.1. The application consists of three sets (one original set and two copies) including:

a) An application form (as prescribed in Appendix 1);

b) A copy of the Network Establishment and Service Provision Permit for public telecommunications networks; A copy of the Private Telecommunications Network Establishment Permit for private telecommunications networks.

3.1.2. For telecommunications enterprises that have won the network establishment and service provision permit through a bidding process, the application for a frequency band license is the winning bid application.

3.2. Application documents for frequency band licenses for private telecommunications networks not requiring a network establishment permit and internal networks

The application consists of three sets (one original set and two copies) including:

3.2.1. An application form accompanied by a proposal to use frequency bands to establish a wireless telecommunications network, specifying:

- The frequency band to be used;

- Technology and technology standards used (must detail information about out-of-band emissions, in-band emissions, and adjacent channel emissions);

- Purpose and scope of operation;

- Network configuration;

- Coverage area.

3.2.2. A certified copy of the Decision on Establishment for organizations or Business Registration Certificate for domestic enterprises or Investment Permit for foreign-invested enterprises or Foreign Party in a Joint Venture Contract.

4. Application Documents for Amending and Supplementing Licenses

4.1. Amendments and supplements to the contents of frequency band licenses (excluding changes to frequency bands and bandwidth) shall be made in the following cases:

4.1.1. When organizations or businesses request amendments and supplements to the license contents.

4.1.2. When management authorities require such amendments and supplements to ensure efficient use of the radio frequency spectrum.

4.2. Application Documents for Amending and Supplementing License Contents

During the validity period of the license, if organizations or businesses need to amend or supplement the license contents, they must prepare the required application documents. The application consists of two sets (one original set and one copy) including:

a) An application for amending and supplementing the license contents;

b) A detailed report on the amended and supplemented contents and related documents.

5. Application Documents for Reissuing Frequency Band Licenses

Ninety days before the expiration of the frequency band license, if organizations or businesses meet the conditions and wish to continue using it, they must resubmit the application documents as if applying for a new license.

The Radio Frequency Management Department reissues the frequency band license based on the Telecommunications Development Plan and the Network Establishment and Service Provision Permit or Private Telecommunications Network Establishment Permit, where applicable.

6. Place to Receive Applications and Deliver Licenses

The Radio Frequency Management Department under the Ministry of Information and Communications, 115 Tran Duy Hung Street, Hanoi City.

7. Procedures for Processing Frequency Band License Applications

Upon receipt of the frequency band license application, the Radio Frequency Management Department will process the application according to the following procedures:

7.1. Verify the Legality of the Application Documents

7.1.1. The legality of the application is determined through:

a) The number of sets of documents required to be submitted and the required documents within each set as prescribed;

b) Completeness of the content filled out and consistency among the documents in the frequency band license application.

7.1.2. In case the application does not comply with regulations, within two days from receiving the application, the Radio Frequency Management Department will notify the organization or business in writing (as prescribed in Appendix 2) about the necessary supplements and corrections and provide guidance on completing the application according to regulations.

7.2. Assigning Frequency Bands to Applicants

7.2.1. Assignment of frequency bands to private telecommunications network operators, internal networks, and public telecommunications networks in cases where the Ministry of Information and Communications conducts a bidding process is carried out in accordance with the Ministry's bidding regulations.

7.2.2. Assignment of frequency bands to private telecommunications network operators, internal networks, and public telecommunications networks in cases where the Ministry of Information and Communications does not conduct a bidding process is carried out as follows:

a) Applications received earlier are assigned frequency bands based on the date the Radio Frequency Management Department receives the frequency band license application.

b) Compliance with relevant frequency planning is reviewed.

c) Consistency with the content of the network establishment permit (if a network establishment permit is required).

d) Consideration of the proposal in the application for frequency band assignment, subject to feasibility.

73. Issuing Frequency Band Licenses

7.3.1. The Radio Frequency Management Department shall examine and complete the issuance of new licenses (in accordance with the form prescribed in Appendix 3) within forty-five days, amend and supplement license contents within twenty days from the date of receiving complete valid applications.

7.3.2. In case of refusal to issue a license, the Radio Frequency Management Department shall notify the organization or business entity in writing.

7.3.3. Licenses issued to organizations and businesses shall be published on the website of the Radio Frequency Management Department. (www.rfd.gov.vn)

8. Contents of the frequency band license

A frequency band license shall include the following basic contents:

8.1. Name of the organization or business entity granted the license.

8.2. Validity period of the license: the license shall be issued for the duration requested in the application but not exceeding the validity period of the Telecommunications Network Establishment and Service Provision License or the Private Telecommunications Network Establishment License (for networks requiring a network establishment license) and not exceeding fifteen years.

8.3. Purpose of use:

8.3.1. For public telecommunications networks: as stated in the Telecommunications Network Establishment and Service Provision License.

8.3.2. For private telecommunications networks (or internal networks): establishing a private wireless telecommunications network (or internal network) to ensure information for members of the network.

8.4. Coverage area:

8.4.1. For public telecommunications networks: as specified in the service provision range (or coverage area) stipulated in the Telecommunications Network Establishment and Service Provision License.

8.4.2. For private telecommunications networks: as specified in the operational range of the Private Telecommunications Network Establishment License (for networks requiring a network establishment license) or based on the coverage area proposed in the application.

8.4.3. For internal networks: as specified in the operational range of the internal network.

8.5. Assigned frequency band: the assigned frequency band (including protective bands) determined in accordance with Clause 7.2.

8.6. Emission limits: including emission limits within and outside the assigned frequency band; emissions beyond the coverage area. The Radio Frequency Management Department shall specify these emission limits based on technical standards; in cases where such standards do not exist, international standards and technological capabilities shall be applied to minimize interference to adjacent frequency bands.

8.7. Responsibilities of the licensed organization or business entity: the organization or business entity granted the frequency band license must comply with the responsibilities stipulated in Section 11 of this Circular.

9. Collection and Payment of Radio Frequency Fees and Charges

9.1. The level of radio frequency fees and charges shall be implemented in accordance with the regulations of the Ministry of Finance.

9.2. The first year's frequency usage fee (covering a twelve-month period from the date the license becomes effective) and the licensing fee shall be paid once before the organization or business entity receives the license.

9.3. Frequency usage fees for subsequent years (covering a twelve-month period) shall be paid annually, before the first day of frequency usage in that year.

10. Revocation of Licenses

10.1. The Radio Frequency Management Department shall revoke frequency band licenses already issued in the following cases:

10.1.1. Organizations or businesses whose Telecommunications Network Establishment and Service Provision License or Private Telecommunications Network Establishment License have been revoked.

10.1.2. For private telecommunications networks not requiring a network establishment license and internal networks, if within one year from the date of issuing the frequency band license, the organization or business does not implement the contents stipulated in the frequency band license in practice.

10.1.3. Organizations or businesses using frequencies contrary to the purposes specified in the license.

10.1.4. Organizations or businesses failing to pay radio frequency fees and charges, subject to administrative penalties under the law on fees and charges, where the penalty decision includes the measure of revoking the license.

10.1.5. Organizations or businesses penalized according to Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for postal, telecommunications, and radio frequency matters, where the penalty decision includes the measure of revoking the license.

10.1.6. When a decision to adjust the Radio Frequency Spectrum Plan requires the recovery of the frequency band.

10.2. The Radio Frequency Management Department shall issue a decision to revoke the frequency band license in accordance with the form prescribed in Appendix 4 attached to this Circular.

10.3. From the date the decision to revoke the license takes effect, the organization or business must cease using the assigned frequency band; it shall bear legal responsibility for all consequences resulting from the revocation of the license (except in cases of adjustment to the plan).

11. Responsibilities of the Licensed Organization or Business Entity

11.1. Comply with legal provisions on the use of frequencies and radio transmitting equipment, refrain from causing harmful interference, and be subject to inspection and supervision by state management authorities on telecommunications and radio frequencies;

11.2. Exploit in accordance with the conditions stipulated in the license;

11.3. Pay licensing fees and frequency usage fees fully and on time;

11.4. Before putting radio transmitting equipment into operation, the organization or business must register the list of radio transmitting equipment used in the network along with technical parameters and operational details (in accordance with the form prescribed in Appendix 5). During operation, the organization or business must report periodically and update promptly when changes occur or upon request from the management authority;

11.5. Ensure information security and safety;

11.6. Cooperate with other licensed organizations or businesses to apply measures to prevent, avoid, and handle interference or follow decisions made by the management authority in cases where parties cannot reach an agreement on cooperation;

11.7. Participate and comply with agreements on border frequency coordination organized and signed by the management authority;

11.8. Return the frequency band immediately after the frequency band license expires without being renewed.

11.9. Liability for compensation in the frequency band release (if necessary) as prescribed in Article 6, Clause 3, Point c, Decree No. 24/2004/NĐ-CP dated January 14, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding radio frequency.

12. Implementation

12.1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

12.2. During the implementation process, if there are any difficulties, they should be promptly reported to the Ministry of Information and Communications for consideration and resolution.