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Regulation Of The Minister Of Communication And Informatics Number 4 2015

Original Language Title: Peraturan Menteri Komunikasi dan Informatika Nomor 4 Tahun 2015

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pies of the Telecommunications Services that have been customized to the changed name and/or domicile of the legal entity.

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(5) The approval or rejection of the application of administrative and/or technical data changes to the IPFR is provided based on the evaluation results.

Second Section

Radio Station Permission

Section 23

(1) ISR as referred to in Section 6 of the paragraph (1) letter b is the permission to operate a transmitter device and/or receiver operated on a specific radio frequency channel with some technical parameters.

(2) Parameter Technical and technical support for the Cloud Service is available as a Service. tape width;

b. pancar power that is out of the antenna (Effective Isotropical Radiated Power/EIRP); and

c. emission class.

Article 24

(1) ISR as it is referred to in Article 23 of the paragraph (1) may be given to:

a. Legal entity;

b. Government agencies;

c. Representative of the foreign country; and

d. Individuals.

(2) ISR as referred to in paragraph (1) is published for activities, among other things:

a. the host of telecommunications networks;

b. hosting a special telecom;

c. hosting broadcasting;

d. specific activities that are temporary;

e. Maritime radio communication;

f. flight radio communications;

g. defense and security purposes.

(3) ISR for a foreign country representative, as referred to in paragraph (1) the letter c is given based on the reciprocity of reciprocity.

(4) ISR for the individual as referred to in paragraph (1) the d letter is given only for the purposes of the maritime radio communication of the people, and radio communications that only use the handy talky device.

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(5) ISR for individuals as referred to in paragraph (4) is governed by the Regulation of Ministers.

Section 25

(1) ISR as referred to in Section 24 is published through an evaluation mechanism based on the availability of the radio frequency spectrum channel.

(2) The availability of the radio frequency spectrum channel as referred to in paragraph (1) must be made a basis of consideration in the granting of the principle of the hosting of certain telecom networks that require a radio frequency spectrum.

Article 26

ISR as intended in Article 24 paragraph (2) the letter c is published through an evaluation mechanism based on the availability of radio frequency spectrum channels in the radio frequency master plan for the purposes of broadcasting and/or the provision of broadcast business opportunities.

Article 27

(1) Certain activities that are temporary as referred to in Section 24 of the paragraph (2) of the letter d include:

a. State activities;

b. research;

c. disaster countermeasures;

d. demo or test a transmitter device and/or receiver; or

e. specific events.

(2) In terms of activities as referred to in paragraph (1) carried out by representatives of foreign countries in Indonesia, the application of radio frequency usage is submitted by the minister who is drugging the foreign affairs based on asas Reciprocity.

(3) The ISR's terms provided for certain activities that are temporary as referred to in paragraph (1) are 6 (six) months and may be extended 1 (one) times for 6 (six) months.

Section 28

ISR invocation may be submitted:

a. online (online), i.e. electronic licensing through the web provided by the Directorate General; or

b. offline (offline), i.e. licensing through a written letter or through a unified service center of the Directorate General;

c. interface engine (machine to machine interface).

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Section 29

(1) Requests to obtain the ISR as referred to in Section 24 must attach the following requirements:

a. a letter of application is addressed to the Director General with the format as set forth in Appendix I; and

b. Administration and technical data is complete and correct with details on the table as set forth in Appendix II which is an inseparable part of this Minister Rule.

(2) In addition to attaching the requirements as is referred to in paragraph (1), a request for:

a. The purpose of hosting a telecom network is required to attach a copy of the principle permit or a telecommunications license;

b The purpose of hosting a broadcasting must be to attach a copy of the principle of the principle of broadcasting or a permit to remain broadcasting;

c. maritime communications and communication services are required to attach recommendations from existing agencies that are maritime and aviation;

d. The purpose of a foreign state representative is required to attach a letter of recommendation from the Ministry of Foreign Affairs.

(3) The ISR invocation for the purposes of hosting telecommunications and broadcasting that the satellite is set up with the Minister Regulation.

section 30

(1) Request of radio frequency use permit for the hosting of special telecommunications for a limited scope radio communication system and/or radio communication system from point to point do not necessarily include a principle permit and/or telecom hosting permits.

(2) The radio communication system Limited scope and/or radio communication systems from point to point in paragraph (1) are two-way communication systems used for their own purposes by the Law Board, Government Instancy or Individual.

Article 31

(1) The application of radio frequency spectrum use for telecommunications for defense purposes is proposed by the minister who is in defence.

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(2) Requests for use of radio frequency for telecommunications for Security purposes are filed by the Chief of the Republic of Indonesia.

(3) The radio frequency channel's penetration is for the purposes of the United States Police.

(3) the hosting of telecommunications for defense and security purposes as referred to in paragraph (1) and paragraph (2) is provided via the Radio Frequency Letter by the Director General.

Article 32

(1) To be able to use the online radio frequency licensing facility (online) through the web application provided by the Directorate General as referred to in Article 28 of the letter a, the applicant and/or the permit holder first must submit a request to obtain a username and password.

(2) Requests to obtain username and password as referred to in paragraph (1) are submitted in writing to the Director General by attaching the requirements as follows:

a. Copy:

1. the deed of establishment of the company and the letter of passage from the Ministry of Law and Human Rights;

2 Tax (NPWP); or

3. A copy of a telecommunications license or a broration data as referred to by paragraph (1) is composed of:

a. Name of the legal entity owner of IPFR

b. Domicile the owner's legal entity of the IPFR

(3) The change in administration data as referred to in paragraph (2) above does not change the term of the IPFR.

(4) To obtain the approval of the Minister as referred to in paragraph (1), the IPFR Holder must submit a request in writing by attaching at least:

a. Deed of change of legal entity name and/or domicile change of legal entity;

b. IPFR copy;

c. Coadcasting permit for a telecommunications organizer or a broadcasting organizer; and

b. The letter of appointment of the officer acting as a person in charge (PIC) is signed by the Principal Director or an official given authority based on the Basic Budget and the Household Budget (AD).

(3) In addition to being delivered in writing, the application to obtain username and password as referred to in paragraph (1) may also be done through the web application by uploading all required document requirements. (2) the following paragraph (s):

(4) The consent or refusal of a request to obtain username and password as referred to in paragraph (2) and paragraph (3) are provided based on the verification results.

(5) In terms of the terms of the document delivered via the web application as referred to in paragraph (3) of the untrue found, then:

a. request to get username and password rejected; or

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b. the username and password which has been given will be cancelled.

Article 33

The iSR invocation is offline (offline) as referred to in Section 28 of the letter b, delivered to the Director General by attaching a file ISR's request requirements as referred to in Section 29.

Section 34

(1) For an online (online) ISR request provided by the General Directorate, the ISR application requirement files as referred to in Article 29 paragraph (1) and paragraph (2) at the scan (scan) and then delivered via the application web provided.

(2) ISR applicants online (online) are required to approve a disclaimer as binding to the applicable regulatory provisions.

Article 35

In addition to processing ISR applications online (online), the web application also provides a service facility for the applicant and the permit holder of a radio frequency spectrum among others:

a. access the permissions/permissions information;

b. download and print details of BHP ' s BHP bill frequency spectrum following its dendanya;

c. download and print radio frequency spectrum usage clearance; and

d. print ISR.

Article 36

(1) Licensing by using the machine to machine interface as referred to in Article 28 of the letter c is the permissions that may link the permissions system provided by the Directorate General with the system of radio frequency users.

(2) Licensing by using the machine to machine interface as referred to in paragraph (1) with the Minister Regulation.

Article 37

(1) ISR for activities as referred to in Section 24 of the paragraph (2) of the letter a up to the letter d, published most slowly 21 (twenty-one) days of work since the ISR plea as referred to in Article 33 or Article 34 is fully accepted by the Director General.

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(2) ISR for activities referred to in Section 24 of the paragraph (2) letter e and letter f, published at least 7 (seven) days of work since the request of ISR as referred to in Article 33 or Section 34 is accepted complete by the Director General.

Section 38

(1) The extension of the ISR's lifetime as referred to in Article 9 of the paragraph (2) must be submitted by the slowest permit 90 (ninety) days prior to the end of the end of the license.

(2) In the case of an extension ISR is submitted less than the timeframe as it is referred to verse (1), the ISR extension request is rejected.

(3) The ISR's lifetime extension as referred to in paragraph (1) is set based on the evaluation results.

(4) Evaluation of the application of the ISR extension as referred to in paragraph (3) At least check the criteria for the following:

a. national radio frequency allocation planning;

b. The fulfillment of BHP's radio frequency payment obligations.

Article 39

(1) The ISR's lifetime extension for the activities referred to in Section 24 of the paragraph (2) letter a up to the letter d, is published at least 3 (3) business days since the application of the ISR ' s lifetime extension is fully accepted by the Director General.

(2) The ISR's lifetime extension for activities as referred to in Section 24 of the paragraph (2) of the letter e and the letter f, is published at least 5 (5) business days since the application of the extension of the ISR ' s past is received complete by the Director General.

Section 40

(1) The term of the expired ISR may apply for a new permit.

(2) The request of a new permit as referred to in paragraph (1) gains priority along with the issuer provision new permissions and criteria as referred to in Article 23, Section 24, and Article 29.

(3) The process of new ISR awarding as referred to paragraph (2) is conducted by mechanism through the evaluation of the field and evaluation of the database.

Article 41

(1) The ISR's past may be terminated prior to the time of conduct as referred to in Article 9 verse (2) ends.

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(2) The suffix of the ISR term as referred to in paragraph (1) is performed on the basis:

a. a request for termination of permission by a permit holder; or

b. revocation.

(3) The suffix ISR as referred to in paragraph (2) does not abolish the repayment obligations of BHP's radio frequency spectrum.

section 42

(1) the ISR termination request by the permit holder as It is referred to in Section 41 of the paragraph (2) of the letter a mandatory slowest 90 (ninety) days prior to the time period due to the payment of BHP ' s annual radio frequency spectrum.

(2) Licensee is submitting a request as referred to the verse (1) can still use the radio frequency spectrum until it is the end of the term of the use of the radio frequency spectrum or the time of expiration of the annual radio frequency BHP spectrum.

(3) If the termination of the ISR outage as referred to in paragraph (1) has not been set up to the The end of the term of the radio frequency spectrum usage permit or time falls due to the annual radio frequency BHP payment, then the ISR termination request is approved.

Section 43

In the case of an ISR outage request after the time limit provision as referred to in Section 42 of the paragraph (1), the holder of the ISR Still charged with the obligation to pay BHP the Radio frequency spectrum for the next year.

Article 44

(1) The termination of the permission of the revocation on the basis of the revocation as referred to in Section 41 of the paragraph (2) letter b is performed because:

a. The license of the telecommunications provider or the hosting permit has expired or revoked;

b. divert ISR without the approval of the Director General;

c. does not carry out the operating activities for 1 (one) year;

d. violates the terms of the technical requirements pursuant to the specified permission and/or the provisions of the negotiations; and/or

e. not paying BHP ' s annual Radio frequency spectrum appropriate

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The time has been determined.

(2) In the event of termination of the permit period (1) is performed due to the letter b, the letter c, the letter d, and/or the letter e, specifically for broadcasting, the Director General reported the revocation of the ISR to the Minister for the revocation of the Hosting Permit to its discretion.

(3) Revocation of the permit as referred to in paragraph (1) the letter a, letter b, and the letter c p is made up of:

a. Permit administration data changes include:

1. the name of the ISR owner's legal entity

2. the name of the ISR owner's law handler name

3. The domicile of the ISR owner's legal entity

b. The permission for the Cloud Service can be used for the following: location changes or coordinate points;

2. Pancar power changes; and/or

3. tape width changes.

(3) Changes as referred to in paragraph (1) do not include changes to the Radio Station address in the Service Area that have been assigned to the licensee of the broadcasting service Radio frequency spectrum.

(4) Changes in administration data and technical parameters as referred to in paragraph (2) do not change the term of the ISR's effective date.

(5) The change in technical parameter data as referred to in paragraph (2) letter b may lead to a change in the magnitude of BHP's radio frequency spectrum.

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Section 46

(1) The technical parameter data change is submitted at least 90 (ninety) days prior to the maturity of the annual official radio frequency BHP payment expired.

(2) In terms of requests for change data parameter data is submitted less than the term as referred to in paragraph (1), then a technical parameter change request is rejected.

(3) To obtain the approval of the Director General as referred to in Article 45 of the paragraph (1), The ISR holder must submit a request in writing by attaching at least:

a. For administrative data changes:

1. Copies of the legal entity name change and/or the legal entity's domicile change;

2. An ISR copy; and

3. A copy of the IBM International License for the IBM International License for the IBM International License for the IBM International License and the IBM International License for the IBM International License for the IBM International License and the IBM International License for the IBM International License For technical parameter data changes:

1. An ISR copy; and

2. Related technical parameter data to be changed.

(4) The approval or rejection of the administrative data change request and/or technical parameters on ISR is provided based on the evaluation results.

(5) The approval of the request Administration data changes in the ISR are poured in the Director General's approval letter which is an inseparable part of ISR prior to ISR's publication with the new administration data.

Article 47

(1) The use of the frequency radio with the new technical parameter data only can be applied after ISR ' s published with new technical parameter data.

(2) ISR with the new technical parameter data as referred to in paragraph (1) is published in accordance with the payment period of BHP next year radio frequency.

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Third Part

Class permissions

Section 48

(1) Class permission as referred to in Section 6 of the paragraph (1) letter c is given for radio frequency usage with the provisions:

a. used together;

b. do not get protection; and

c. required to follow the technical provisions specified in the Minister Rule.

(2) The Class Permit as referred to in paragraph (1) is provided for the use of telecommunications tools and devices:

a. with a pancar power under 10 mW;

b. which operates on radio frequency bands 2 400-2 483.5 MHz, 5 725-5 825 MHz; or

c. which are categorized as short range devices (SRD) devices.

(3) Use of a radio frequency band based on a class permit in addition to the radio frequency band as referred to in paragraph (2) letter b, set with the Minister Rule.

Fourth Quarter

International Coordination and Pencatatan Radio frequency to

International Telecommunication Union

Article 49

(1) For each radio station and satellite orbit that needs to be registered and/or be catalosed to the World Telecommunications Society (International Telecommunication Union/ITU), Director General performing registration, coordination and notification radio frequency and satellite orbit to the Radio Communications Bureau (Radiocommunication Bureau) on the International Telecommunication Union (ITU).

(2) Registration and/or logging as referred to in paragraph (1) aims to obtain international recognition and protection.

(3) In terms of radio stations located in the border region or its pancarts may reach out Other countries and potentially cause adverse interference, registration and notebooks were conducted after first being coordinated with the Telecommunications Administration of another State.

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(4) Coordination as referred to in paragraph (3) is exercised by the Director General.

Fifth Section

Realrelocate

Article 50

(1) Reallocation (re-allocation) radio frequency is performed because There is a change in the planning of the use of the national radio frequency spectrum.

(2) In the event of a radio frequency reallocation as referred to in paragraph (1), the Minister informed the reallocation of the radio frequency band. equipting at least 2 (two) years before the effective date of execution reallocation.

(3) In terms of the user's radio frequency excings as referred to in verse (2) still have a radio frequency band longer than 2 (two) years since the reallocation notice, then the radio frequency user who Radio frequency allocation can be provided with a replacement frequency allocation as long as it is available.

(4) The replacement radio frequency location (3) is the radio frequency for which the services are similar.

(5) In terms of users of the execting radio frequency still having a permit radio frequency usage is less than 2 (two) years since the notice of realloaction, then to radio frequency users subjected to reallocation is not provided with a new radio frequency allocation and may not extend the use permit radio frequency.

BAB IV

COST THE USE OF RADIO FREQUENCY SPECTRUM

Section Parts

Payment of BHP Frequency Radio

Section 51

Any IPFR and ISR holders as referred to Section 6 of the paragraph (1) letter And the letter b is required to pay off the advance of BHP on the radio frequency spectrum each year with the magnitude of the in accordance with the provisions of this

section 52

The payment of BHP Radio frequency spectrum is carried out through the bank on an automatic payment system (host to host payment gateway).

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Second Part

BHP IPFR

Article 53

(1) The magnitude of BHP Radio's frequency spectrum for IPFR as referred to in Section 51 is set through:

a. the mechanism of selection with regard to the public purchasing power and ability of the community;

b. the mechanism of adjustment of the selection results for the use of the radio frequency spectrum on the same radio frequency band; or

c. The calculation mechanism by using the formula;

(2) The BHP Magnitude Radio Frequency Spectrum for IPFR is set through the selection mechanism as referred to in paragraph (1) the letter a consists of:

a. the initial clearance fee (upfront fee); and/or

b. Annual IPFR fee.

(3) The magnitude of BHP Radio frequency spectrum for IPFR is set by the mechanism of adjustment of selection results for the use of the radio frequency spectrum on the same radio frequency band as referred to in paragraph (1) letter b by considering the Bank Indonesia Rate or the economic value of the radio frequency spectrum.

(4) The magnitude of BHP The Radio frequency spectrum for IPFR is set through the calculation mechanism by using the formula as referred to in verse (1) the letter c is the annual IPFR charge.

The Third Section

Garansi Bank

Section 54

(1) The IPFR Holder may be subject to the obligation of submission of the annual BHP IPFR payment commitment in the form of a Garansi Bank annually to the Director General.

(2) Further provisions concerning the The annual BHP IPFR payment commitment guarantee (surety bond) is set with the Minister Rule.

Fourth Quarter

BHP ISR

Article 55

Besaran BHP Frequency Radio for ISR as intended on

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Section 51 is set according to the formula in accordance with the provisions of the laws.

section 56

The magnitude of BHP The ISR radio frequency spectrum for the activities of the temporary telecommunications as referred to in Article 27 of the paragraph (3) is calculated to the following terms:

a. for the use of the radio frequency spectrum for a term of up to 1 (one) month charge of rates 1/3 (one per three) of BHP Spectrum Frequency Spectrum 1 (one) year;

b. for the use of the radio frequency spectrum for a term of more than 1 (one) months up to 3 (three) months taxed 1/2 (one per two) of BHP Spectrum Frequency Spectrum 1 (one) year; and

c. for the use of frequency spectrum radio for a term of more than 3 (three) months is subject to the BHP tariff spectrum Radio frequency spectrum 1 (one) year.

Section 57

(1) The radio frequency spectrum user who has more than 1 (one) ISR that the payment is different can be apply for a common application of the ISR payment time to the Director General.

(2) The payment of payment time as specified in paragraph (1) is exercised by not reducing the obligations of BHP's magnate to be paid.

(3) The payment of payment time as referred to by paragraph (1) is enforced at the end of the month.

(4) Payment of payment time-time as referred to as paragraph (1) is submitted by 120 (100) days prior to payment time expired.

Article 58

Further provisions on the conduct of the implementation of the tariffs on BHP Spectrum of Radio Frequency as referred to in Article 53, Section 54, and Section 55 is governed by Ministerial regulation.

Article 59

(1) The payment obligations of BHP Spectrum Frequency Spectrum as referred to in Article 51 do not apply to the use of the radio frequency spectrum for the purposes:

a. research implemented by the Government Instancy and/or

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domestic education and training institute;

b. State visit activities;

c. Emergency response to natural disaster relief for humanitarian aid and/or human soul safety and property.

(2) The provisions as referred to in paragraph (1) apply to use The radio frequency spectrum used for the longest term of 1 (one) year.

The Fifth Section

BHP Bill Frequency Radio

Section 60

(1) For any approval of the new ISR invocation as referred to in Article 6 of the paragraph (1) of the letter a and letter b is issued a bill in the form of a Notice of (SPP) BHP Radio Frequency Spectrum.

(2) The term of SPP BHP Frequency Radio Frequency Spectrum as referred to as paragraph (1) is 30 (thirty) calendar days counting since the date was published.

(3) If not done payments within the time limit as referred to in paragraph (2), then consent as the paragraph (1) is declared null and void.

Section 61

(1) For the payment of BHP Frequency Radio Second Year and the following year up to the end of the IPFR or ISR ' s lifetime, will be published details of the BHP Frequency payment bill Radio.

(2) The details of the BHP Radio Frequency payment bill as referred to in paragraph (1) may be accessed through an electronic licensing facility no later than 60 (sixty) calendar days prior to the approval of BHP Spectrum payment. Annual Radio frequency.

Sixth Quarter

BHP payment authorization

Radio frequency spectrum

Article 62

(1) As proof of annual BHP IPFR repayment, the Directorate General provides authorization for BHP IPFR payment It's annual during the IPFR period.

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(2) As an annual BHP ISR repayment proof, the General Directorate publishes ISR for each period of payment of BHP ISR during ISR's lifetime.

Seventh Section

Sanctions Related to BHP Radio Frequency Radio

Section 63

(1) Any IPFR or ISR holders as referred to in Section 6 of the paragraph (1) letter a and letter b that does not pay full BHP payment Radio frequency spectrum is the slowest on the due date of the payment imposed by the administration of:

a. fine;

b. ribbon block operational stop; and/or

c. revocation permit.

(2) The timing of the payment of BHP IPFR or BHP ISR for the second year and the following year as referred to the paragraph (1) is 1 (one) days before the start date of the time Sold out in the IPFR or ISR.

(3) In the event of a payment due to the paragraph (2) falls on a series of holidays or a day that is covered by the end of the payment no later than one day prior to the day of the holiday or the day of the day.

Section 64

Sanctions fines as referred to in Article 63 of the paragraph (1) letter a shall be exercised under the provisions of the laws.

Article 65

In case the IPFR holder does not pay off the annual BHP IPFR after being issued a billing letter of 3 (three) times as referred to in Article 21 of the paragraph (3), IPFR holders are prohibited from using radio frequency bands yet repaid BHP IPFR.

Article 66

(1) The IPFR is revoked after the holder of the IPFR is given 3 (three) times the anniversary letter as referred to in Article 21 of the paragraph (3) and does not also pay off annual BHP IPFR until the month to 24 (twenty-one) four) since the due date.

(2) ISR revoked 30 (thirty) calendar days after The ISR holder is given 3 (three) times the warning letter as referred to in Article 40 paragraph (3) and ISR holders have not also paid off the annual BHP ISR.

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