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Circular No. 02/2008/tt-Btttt: Guidance For Licensed Frequency Band

Original Language Title: Thông tư 02/2008/TT-BTTTT: Hướng dẫn về cấp giấy phép băng tần

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CIRCULAR guide on the base-band licensing of postal and Telecommunications Ordinance on May 25, 2002;
Pursuant to Decree No. 187/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of information and communications;
Pursuant to Decree No. 24/2004/ND-CP dated 14 January 2004 from the Government detailing the implementation of a number of articles of the Ordinance on telecommunications, radio frequency;
Pursuant to decree 142/2004/ND-CP of July 8, 2004 of the Government mandate sanctioning administrative violations of postal, telecommunications and radio frequency;
The Ministry of information and media specific guidelines the granting of license for organizations and enterprises are as follows: 1. Scope and application this circular objects guide the licensed frequency band for the telecommunication business has set up a network and telecom service providers , the Organization, the business owner private use telecommunications networks, local networks that use radio frequency.
2. Licensing Agency 2.1 band. Radio frequency Directorate-Ministry of information and media reception, processing resumes, grant, revoke the licence frequency band.
2.2. According to each period on the basis of planning, Ministry of information and Communications announced the video carrier frequency is considering licensing permission form and frequency bands.
3. Application for license, business organization band please license the frequency band must take responsibility for the accuracy and legality of the documents in the related records.
3.1. the application for a license for the frequency of public telecoms network, telecommunications network has private use Network Setup 3.1.1 licence. The record was established as 3 sets (1 set is a major, 2 sets is the copy) include: a) license application (in the form prescribed in annex 1);
b) copy network setup and provide telecommunications services for public telecommunications networks; A copy of the license set private telecommunications networks for private telecommunications networks.
3.1.2. Particularly for the successful telecommunications business license to set up a network and telecom service provider, application for licensing is the band records the successful exam.
3.2. Application for licensed bands for private telecommunications network type is not licensed to set up the network and the internal network profile was established as 3 sets (1 set is a major, 2 sets is the copy) including: 3.2.1. The application for the license attached to the scheme please use the frequency to set radio information network, which stated:-video carrier frequency used;
-Standard technology, technology used (required to record in detail the information about radiation, emitted in addition to emission of tape, tape);
-Purpose, scope of activity;
-Network configuration;
-Coverage.
3.2.2. A notarized or attested pursuant to the law the decision established for organizations, business registration certificates for domestic business or investment licenses for business foreign investment or foreign Parties in contract business.
4. Application for additional amendments 4.1 license. The amendments and supplements the content of license bands (excluding the change in frequency, the frequency band width) are made in the following cases: 4.1.1. Upon request of the Organization, the business about the amendment supplements the content license.
4.1.2. As requested by the governing body to ensure the efficient use of the radio frequency spectrum.
4.2. Application modification, additional content license during the validity of the licence, if the Organization, enterprise wishing to modify, complement the content license must make application for additional amendments. The record was established 2 sets (1 set is a major, 1 is copy) include: a) the modified application, additional content license;
b) detailed report content to modify, Supplement and other related documents.
5. Application for reissuance of license bands before the license expires 90 days band, if organized, qualified business and require continued use they must redo the profile as is the case for the new.
Department of radio-frequency level frequency licence on the basis of the master plan, the development plan for telecommunications and network setup and license to provide telecommunications services or licenses private telecommunications network set up for the event must have a permit to set up.
6. Where the receiving and delivery of licenses with radio frequency Directorate-Ministry of information and communication, 115 Tran Duy hung, Hanoi City.
7. Order procedure for resolving licensing when the band received Licensing application frequency, radio frequency Bureau to review the license according to the order, the procedure is as follows: 7.1. Check the validity of the application for the license 7.1.1. The validity of the record to be identified through: a record number) need to submit and the first text item should have in each set of records as required;
b) the content and the unity between the papers in licensed bands.
7.1.2. Case profile is not valid according to the rules, within 8 days from the receipt of the record, radio frequency Bureau to notify the Organization, business writing (according to the form prescribed in annex 2) about the need for additional content, modify and complete profile Guide according to the provisions.
7.2. Sealing bands for organizations and enterprises for 7.2.1. The frequency designation for organizations, businesses private telecommunications network owners, internal networks and the public telecommunications network in the case of the Ministry of information and communications held examination made in accordance with the Ministry of information and communication about the examination.
7.2.2. The assigned frequency band for the Organization, Enterprise Server private telecommunications networks, intranets and the public telecommunications network in the case of the Ministry of communications and media aren't held examination, perform the following steps: a) records to be determined before the band based on the Bureau of radio frequency receiving application for licensed bands.
b) consider compliance with the related frequency planning.
c) consider consistent with the content of the certificate (in the case of the network must have a permit to set up).
d) based on the recommendations in the license application with viable conditions of frequency band.
7.3.7.3.1 band license. Radio frequency Bureau to review and complete the new licenses granted (according to the form prescribed in annex 3) within a period not to exceed 45 days, granted modify, supplement the license content within a period not exceeding 20 days from the date of receipt of a valid application.
7.3.2. where the refusal to license, Bureau of radio frequency notice in writing to the Organization, the business.
7.3.3. The licence granted to the band business, organizations are posted on the Website of radio frequency Directorate (www.rfd.gov.vn) 8. Content license-license frequency bands have the following basic content: 8.1. Name of organization, the licensed business.
8.2. Term of license: permission is granted to the recommended period of application for the license but must not exceed the term of the licence to set up and provide telecommunications services or licenses private telecommunications network setup (for the network to network setup license) and not more than 15 years.
8.3. The purpose of use: 8.3.1. For public telecommunications networks: burn as the network setup and license to provide telecommunications services.
8.3.2. for private telecommunications network (or intranet): set private telecommunications network (or intranet) to ensure information for members of the network.
8.4. Coverage: 8.4.1. For public telecommunications network: in the scope of supply of services (or coverage) are specified in the licence to set up and provide telecommunications services.
8.4.2. for private use: telecommunications network in range of licensed private telecommunications network setup (for the network to network setup license) or by coverage on the basis of the proposal in the application for the license.
8.4.3. for internal networks: according to the operating range of the internal network.
8.5. the licensed frequency band: Segment is the frequency band (including protected frequency band) is determined as defined in clause 7.2.
8.6. The emission limits: including the emission limits in the frequency band and also licensed frequency band; In addition to emission coverage. Department of radio-frequency specifies the emission limits mentioned above are based on the standard of technical regulations; case technical regulations shall apply to international standards and the ability of technology to ensure minimize potentially can interference to adjacent band.
8.7. The liability of the Organization, the business license: the Organization, the business was licensed frequency band must adhere to the responsibilities specified in section 11 of this circular.
9. Currency, payment of fees 9.1 radio frequency. The level of charge, radio frequency fees follow the regulations of the Ministry of finance.
9.2. using the frequency Fee of the first year (calculated for the duration of 12 months from the date of the license in force) and the license fees, filed before the Organization, the business license.
9.3. the use of the frequency of the next year (for the 12-month period) filed annually, once before the first use the frequency of that year.
10.10.1 license revocation. Radio frequency Bureau to revoke the licence granted band in the following cases: 10.1.1. Organization, revoked business license to set up a network and provide telecommunications services or licenses private telecommunications network set.
10.1.2. for private telecommunications networks do not need a license and intranet network setting if after the time limit of 1 year from the date the licensed frequency band that organised business, not on the actual deployment of the content specified in the licence frequency band.
10.1.3. organizations, enterprises using improper purpose frequency as required by the license.
10.1.4. business organizations do not file charges, radio frequency fees sanctioned administrative offense as defined by the law on fees that in deciding the sanctions which apply measures to revoke the licence.

10.1.5. business organizations sanctioned under the provisions of the decree 142/2004/ND-CP on 08/07/2004 the Government's regulations regarding the sanctioning of administrative violations of postal, telecommunications and radio frequency at which the decision on sanctions which apply measures to revoke the licence.
10.1.6. When the decision to adjust the planning of radio frequency spectrum required to revoke frequency band.
10.2. radio frequency Bureau decision to revoke the licence frequency band according to the form prescribed in Appendix 3 attached to this circular.
10.3. As from the date the decision to revoke the license in force, organization, enterprises must terminate the use of the frequency band to be granted; responsible before the law for any consequences due to the revoked license (unless revoked by the planned adjustment).
11. The liability of the Organization, the licensed business 11.1. Observance of the provisions of the law on the use of frequencies and radio broadcast equipment does not cause harmful interference, and be subject to the inspection of State administration on telecommunications and radio frequency;
11.2. Exploitation in accordance with the conditions specified in the licence;
11.3. licensing fees and the use of the full frequency, time;
11.4. Before putting the device into operation radio, organizer, business must register directory of radio broadcast equipment used in the network attached to the technical parameters, exploitation (in the form prescribed in annex 5). During the extraction process, organization, Enterprise reports periodically and timely additions when there are changes or when required by the management authority;
11.5. The safety and security of information;
11.6. In collaboration with the organizations, businesses are licensed to apply the measures, avoid and handle can interference or abide by the decision of the governing body in case the parties do not come to an agreement to coordinate;
11.7. Participation and compliance with the agreement on coordinating border frequency management agency organization, signed;
11.8. Return right after the band frequency licence expire without being granted;
11.9. The liability compensation frequency band (in case of need) according to the provisions of article 6, paragraph 3, point c, Decree 24/2004/ND-CP dated 14/01/2004 the regulation details the Government's implementation of some articles of the Ordinance on telecommunications, radio frequency.
12. Organize implementation of 12.1. This circular effect after 15 days from the Post Gazette.
12.2. in the implementation process, if there are obstacles, it should reflect timely the information and media to review the settlement.