Circular No. 04/2013/TT-BTTTT on the planning for the use of FM radio frequency channels until 2020

CIRCULAR

Plan for the Use of FM Broadcasting Frequency Channels until 2020

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WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications, which has been amended by Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government;

Pursuant to Decision No. 22/2009/QĐ-TTg dated February 16, 2009 of the Prime Minister approving the "Plan for Transmission and Broadcasting of Radio and Television until 2020";

Pursuant to Decision No. 125/2009/QĐ-TTg dated October 23, 2009 of the Prime Minister approving the "National Radio Frequency Band Plan";

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE RADIO FREQUENCY MANAGEMENT AGENCY;

The Minister of Information and Communications issues this Circular on the Plan for the Use of FM Broadcasting Frequency Channels until 2020,

Article 1. Scope of Regulation

This Circular plans the use of FM broadcasting frequency channels until 2020; arranges and specifies conditions for using FM broadcasting frequency channels in the 87-108 MHz band and specifies conditions for using frequencies for wireless radio stations and FM rebroadcasting stations.

Article 2. Planning Objectives

The plan for the use of FM broadcasting frequency channels until 2020 aims to organize the use and specify conditions for using frequency channels of Voice of Vietnam Radio Station, Radio Stations, Provincial Radio and Television Stations under the central government in a stable manner, minimizing harmful interference between radio devices, and ensuring efficient use of the radio frequency spectrum.

Article 3. Principles of Frequency Channel Allocation

1. Taking into account the current usage status of Vietnam to ensure the transition from the current status to the planned status with the lowest possible cost.

2. Allocating frequency channels reasonably and effectively to meet the coverage requirements for program channels of Voice of Vietnam Radio Station aimed at serving political, diplomatic, defense, and security tasks of the Party and State; minimizing overlapping coverage among FM broadcasting stations transmitting the same program channels of Voice of Vietnam Radio Station.

3. Each Radio Station and Provincial Radio and Television Station under the central government shall be allocated one FM broadcasting frequency channel. In particular, each of Hanoi City and Ho Chi Minh City shall be allocated three FM broadcasting frequency channels.

Article 4. Provisions on Frequency Channel Division and Allocation

1. The division of FM broadcasting frequency channels is specified in Appendix I attached hereto.

2. The specific allocation of frequency channels for broadcasting program channels of Voice of Vietnam Radio Station and Radio Stations, Provincial Radio and Television Stations under the central government is specified in Appendices II and III attached hereto.

Article 5. Provisions on Frequency Assignment and Usage

1. Based on Appendices II and III attached hereto and usage needs, transmission parameters are calculated, assigned, and specifically stipulated in the Radio Frequency Usage License.

2. The coverage area of FM broadcasting is calculated based on the minimum field strength level specified in Point 1; the signal-to-noise ratio protection level specified in Point 2, Appendix IV attached hereto.

3. Radio Stations and Provincial Radio and Television Stations under the central government shall cover their FM broadcasting within the administrative boundaries of their respective provinces or cities under the central government. In particular, Hanoi City and Ho Chi Minh City may cover adjacent provinces or cities but must not cause harmful interference to other FM broadcasting systems allocated frequency channels according to Appendices II and III attached hereto.

4. FM broadcasting stations must use directional antennas suitable for effective coverage without causing harmful interference to other FM broadcasting stations and other radio communication systems.

5. FM broadcasting stations in border areas must use directional antennas suitable to ensure coverage in accordance with the agreement on border frequency coordination between Vietnam and neighboring countries.

6. Test broadcasting stations, special program channel broadcasting stations, rebroadcasting stations covering shadowed, remote, and far-flung areas, and county-level FM broadcasting stations shall be assigned frequency channels on a case-by-case basis without causing harmful interference to other FM broadcasting stations already allocated frequency channels according to Appendices II and III attached hereto.

Article 6. Supplementing frequency channels for special cases

Based on the National Radio Frequency Spectrum Plan, the operating license for radio broadcasting, and the frequency availability at each location, the Radio Frequency Management Agency shall consider supplementing frequency channels in specific cases to meet the need for additional FM broadcasting channels for Voice of Vietnam Radio Station and provincial/city-level radio stations.

Article 7. Transitional Provisions

1. FM broadcasting stations of Voice of Vietnam Radio Station, provincial/city-level radio stations currently operating and not in compliance with the frequency channel allocation specified in Appendices II and III issued together with this Circular shall not be protected from harmful interference and shall not cause harmful interference to other FM broadcasting stations according to the plan; if causing harmful interference, they must immediately apply necessary technical measures to eliminate harmful interference; if unable to eliminate harmful interference, they must switch to the plan or cease operation.

2. FM broadcasting stations and county-level FM rebroadcasting stations currently operating and causing harmful interference to stations allocated frequency channels as prescribed in Appendices II and III issued together with this Circular must immediately apply necessary technical measures to eliminate harmful interference; if unable to eliminate harmful interference, they must switch to suitable frequency channels.

3. For wireless public address stations:

a) No new investment or issuance of new licenses for wireless public address stations in the (87-108) MHz band;

b) Wireless public address stations already licensed in the (87-108) MHz band may continue to have their licenses renewed provided that they do not cause harmful interference to FM radio stations, FM rebroadcasting stations, and other wireless communication systems;

c) When causing harmful interference to FM broadcasting stations, FM rebroadcasting stations, and other wireless communication systems, wireless public address stations operating in the (87-108) MHz band must immediately apply technical measures to eliminate harmful interference; if unable to eliminate harmful interference, they must cease operation;

d) New licenses for wireless public address stations operating in the (54-68) MHz band shall be issued.

Article 8. Implementation organization

1. The Radio Frequency Management Agency (Ministry of Information and Communications) shall be responsible for:

a) Promulgating and guiding the implementation of this Circular;

b) Based on the plan, current status, and plans for shared band usage by other services, determining frequencies, issuing frequency usage permits, and approving radio equipment in accordance with the law;

c) Leading coordination with provincial/city-level Departments of Information and Communications to inspect, monitor, and supervise the implementation of this Circular.

2. Voice of Vietnam Radio Station, provincial/city-level radio stations, FM broadcasting stations under the management of district/municipal People's Committees, and related agencies and units shall develop plans for development consistent with this Circular.

3. Provincial/City-level People's Committees shall direct provincial/city-level Departments of Information and Communications to coordinate with local radio stations, television stations, district People's Committees, and related units to implement this Circular.

Article 9. Implementation Provisions

1. This Circular takes effect from March 15, 2013.

2. The Head of the Office, Director of the Radio Frequency Management Agency, Heads of agencies and units under the Ministry of Information and Communications, Voice of Vietnam Radio Station, provincial/city-level radio stations, and provincial/city-level television stations are responsible for implementing this Circular.

3. During the implementation process, if there are any difficulties, please report to the Ministry of Information and Communications for consideration and resolution./.