Cap. 106 sub. leg. A

Telecommunications Regulations(Cap. 106, section 37) [1 January 1963](Format changes—E.R. 2 of 2012) 1. Citation These regulations may be cited as the Telecommunications Regulations.(36 of 2000 s. 28) 1A. Interpretation In these regulations—fee (費用) means a fee prescribed by these regulations; licence (牌照) means a licence granted by the Authority. (L.N. 4 of 1984) 2. Validity of licences (17 of 2011 s. 28)(1)-(2) (Repealed 17 of 2011 s. 28)(2A) A public radiocommunications service licence (for services other than land mobile services) shall be valid for 10 years from the day on which it is granted. (L.N. 430 of 1990; L.N. 52 of 1998; 36 of 2000 s. 28; 17 of 2011 s. 28)(2B) A fixed telecommunications network services licence shall be valid for 15 years from the day on which it is granted. (L.N. 133 of 1995; 36 of 2000 s. 28; 17 of 2011 s. 28)(2C) (Repealed 17 of 2011 s. 28)(3)-(5) (Repealed 17 of 2011 s. 28)(5A) (Repealed 17 of 2011 s. 28)(6) The fee payable for any licence referred to in subregulation (2A) or (2B) is the appropriate fee specified in Part 2 of Schedule 1. (L.N. 215 of 1973; L.N. 4 of 1984; L.N. 301 of 1989; L.N. 430 of 1990; L.N. 28 of 1997; 17 of 2011 s. 28)(6A)-(6E) (Repealed L.N. 430 of 1990) (7) (Repealed 17 of 2011 s. 28)(E.R. 2 of 2012) 3. (Repealed 17 of 2011 s. 28) 4. (Repealed 17 of 2011 s. 28) 5. Fee on grant of permit for purposes of section 9 of Ordinance A fee of $150 shall be payable on the grant of a permit for the purpose of section 9 of the Ordinance. (L.N. 352 of 1981; L.N. 63 of 1985; L.N. 192 of 1988) 6. Loss or destruction of licence (17 of 2011 s. 28)(1) If any licence is lost or destroyed, the Authority shall be notified in writing of its loss or destruction as soon as practicable, and may issue a duplicate of the licence.(1A) If a duplicate of an amateur station licence is required for a second or subsequent station, the Authority may, upon payment, issue a duplicate. (L.N. 406 of 1992) (2) Where under subregulation (1) or (1A) the Authority issues— (L.N. 406 of 1992)(a) a duplicate of a licence, a fee of $55 shall be payable in respect thereof.(b) (Repealed 17 of 2011 s. 28)(3) (Repealed 17 of 2011 s. 28)(17 of 2011 s. 28) 7. No fees payable for amendment of licence Whenever provision is made in the conditions contained in a licence of any form determined by the Authority under section 7(6) of the Ordinance for the noting of a change of address or for the making of any amendment to a licence by the Authority, no fee shall be charged for such noting or for making any such amendment. (L.N. 43 of 1966; 17 of 2018 s. 46) 8. General provisions relating to licences (1) A licence shall not be assignable except where a condition of the licence expressly provides that it may be transferred and, if there is such a condition, the licence may be transferred only in accordance with such condition. (2) Where a licence is renewable it may be renewed by payment to the Authority of the renewal fee on or before the date of expiry of the licence to be renewed. (L.N. 238 of 1995) (3) The Authority may, with the consent of the person to whom the licence is granted, amend the licence by an appropriate endorsement upon it. (L.N. 4 of 1984) 9. Notices Any notice, request or consent to be given by the Authority under the Ordinance or by virtue of the conditions or terms of any licence may be given under the hand of any duly authorized officer of the Authority and, without derogation from section 827 of the Companies Ordinance (Cap. 622), served by post on the addressee at his usual or principal place of business in Hong Kong. (L.N. 4 of 1984; 28 of 2012 ss. 912 & 920) 10. Surrender of licences (1) Upon the expiry or cancellation of any licence it shall be surrendered to the Authority within 4 weeks of such expiry or cancellation. (2) Any licensee who fails to comply with subregulation (1) shall be guilty of an offence and liable on conviction to a fine at level 3. (L.N. 255 of 1994) (L.N. 4 of 1984; E.R. 2 of 2012) 11. Interference (1) No person shall use any apparatus for telecommunications in such manner as to cause direct or indirect interference with any telecommunications service lawfully carried on, or other apparatus for telecommunications lawfully operated in or outside Hong Kong. (2) The Authority may, by notice in writing to any person possessing any apparatus for telecommunications, require him to take such measures as the Authority may consider expedient and within such time as may be specified in the notice in order to prevent interference of the nature described in subregulation (1). (3) Any person who knowingly causes direct or indirect interference in contravention of subregulation (1) or fails to comply with any notice given under subregulation (2) shall be guilty of an offence and liable on conviction to a fine at level 4. (L.N. 255 of 1994) (L.N. 4 of 1984; 36 of 2000 s. 28; E.R. 2 of 2012) 12. Tests and measurements in respect of electrical or radiated interference (1) The Authority may make tests and measurements in respect of electrical or radiated interference and it shall have the power to determine the measuring apparatus to be used, the method by which and the conditions under which tests are to be made and the manner to be used in computing the amount of any such interference from readings afforded by the measuring apparatus. (L.N. 255 of 1994; 17 of 2011 s. 28)(2) Subject to these regulations, the Authority may at any time make tests and measurements of any apparatus for telecommunications to determine whether it complies with any requirement applicable to it under these regulations or the conditions of the licence under which it is held. (36 of 2000 s. 28)(L.N. 4 of 1984) 13. Apparatus for telecommunications to be made available for inspection (1) Any person in possession of any apparatus for telecommunications shall, if required to do so by the Authority on reasonable notice in writing, make such apparatus available to the Authority for examination or testing during ordinary office hours at the place where the apparatus is ordinarily kept or such other place, being a place reasonable in the circumstances, as the Authority may specify. (36 of 2000 s. 28)(2) Any person who, without lawful excuse, fails to comply with notice given under subregulation (1) shall be guilty of an offence and liable on conviction to a fine at level 4. (L.N. 255 of 1994) (L.N. 4 of 1984; E.R. 2 of 2012) 14. Entry and search of premises etc. (1) Where a magistrate is satisfied by information on oath that—(a) there are reasonable grounds for believing that there is, upon any specified premises or in any specified vessel, aircraft or vehicle, apparatus for telecommunications and— (36 of 2000 s. 28)(i) the apparatus is possessed or used without lawful authority or contrary to the terms of the licence or other authority authorizing such possession or use, and additionally or alternatively; (ii) the Authority has reasonable grounds for examining and testing any apparatus found in or on such premises, vessel, aircraft or vehicle; (b) access to such premises, vessel, aircraft or vehicle has been demanded, or permission to examine or test any such apparatus has been requested, but in either case has been unreasonably refused, the magistrate may issue his warrant empowering the Authority, or any public officer authorized in writing in that behalf by the Authority to enter and search such premises, vessel, aircraft or vehicle and to examine and test any apparatus found thereon or therein. (2) Any person who obstructs or hinders the Authority or any public officer acting under the authority of a warrant issued under subregulation (1) shall be guilty of an offence and liable on conviction to a fine at level 4 and to imprisonment for 6 months. (L.N. 255 of 1994) (L.N. 4 of 1984; E.R. 2 of 2012) Schedule 1 [reg. 2] Part I (Repealed 17 of 2011 s. 28) Part IA (Repealed 17 of 2011 s. 28) Part 2 Fees for Certain Licences (Heading repealed 17 of 2011 s. 28) 1-2. (Repealed 17 of 2011 s. 28) (Heading repealed 17 of 2011 s. 28) 1-2. (Repealed 17 of 2011 s. 28) (Heading repealed 17 of 2011 s. 28) 1-3. (Repealed 17 of 2011 s. 28) (Heading repealed 17 of 2011 s. 28) 1-4. (Repealed 17 of 2011 s. 28) (Heading repealed 17 of 2011 s. 28) 1-2. (Repealed 17 of 2011 s. 28) (Heading repealed 17 of 2011 s. 28) 1-3. (Repealed 17 of 2011 s. 28) Fixed Telecommunications Network Services Licence 1. A fee of $1,000,000 shall be payable on the grant of a fixed telecommunications network services licence and, in each year while the licence remains in force, on the anniversary of the grant of the licence. 2. A fee of $700 shall be payable on each anniversary of the grant or the renewal of the licence for each 100 customer connections, made by telecommunications line or radiocommunications means, to the Network established and maintained under Schedule 2 to the licence provided by the licensee. 3. Save as provided in paragraph 4, a fee for use of radio spectrum assigned to the licensee shall be payable on the grant and on each anniversary of the grant of the licence and calculated in accordance with the formula set out below—(a) where the radio spectrum is assigned exclusively to the licensee—(i) $50 for every 1 kHz or part thereof of spectrum then assigned below 1 GHz;(ii) $(50-4F) for every 1 kHz or part thereof of spectrum then assigned within 1 GHz to 10.999 GHz, where F is the frequency rounded down to the nearest GHz in the band then assigned;(iii) $(20-F) for every 1 kHz or part thereof of spectrum then assigned within 11 GHz to 18.999 GHz, where F is the frequency rounded down to the nearest GHz in the band then assigned;(iv) $1 for every 1 kHz or part thereof of spectrum assigned at or above 19 GHz;(b) where any part of the radio spectrum is assigned to the licensee on a non-exclusive or shared basis, the fee calculated in accordance with the formula set out in subparagraph (a) shall be proportionally reduced by a reduction factor equal to the number of users authorized or reserved by the Authority to use that particular part of the radio spectrum. For the avoidance of doubt, the reduction factor is to be determined on the grant and on each anniversary of the grant of the licence. 4. No fee is payable for the use of spectrum within any of the following frequency bands— 6.765 —— 6.795 MHz 13.553 —— 13.567 MHz 26.957 —— 27.283 MHz 40.66 —— 40.7 MHz 2400 —— 2500 MHz 5.725 —— 5.875 GHz 24.0 —— 24.25 GHz 61 —— 61.5 GHz 122 —— 123 GHz 244 —— 246 GHz (L.N. 133 of 1995; 36 of 2000 s. 28)(Heading repealed 17 of 2011 s. 28) 1-2. (Repealed 17 of 2011 s. 28) Public Radiocommunications Service Licence (For Services other than Land Mobile Services) 1. The annual fee payable on the grant and on the anniversary of the grant of the public radiocommunications service licence (for services other than land mobile services) in each year while the licence remains in force shall be the sum of—(a) $50,000 per licence; and(b) $1,000 per land station or land earth station operated by the licensee for the Service.(L.N. 52 of 1998; 36 of 2000 s. 28)(Part 2 added L.N. 430 of 1990)(Schedule 1 replaced L.N. 192 of 1988) Schedule 2 (Repealed 17 of 2011 s. 28) Schedule 3 (Repealed 17 of 2011 s. 28)