Hong Kong Regulations

TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION,TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - SECT 4

Spectrum utilization fee

(Past version on 03/02/2005).

(1) The spectrum utilization fees shall be-

   (a)  for each of the first 5 years of the period of validity of the
        relevant mobile carrier licence or relevant unified carrier licence
        (as the case may be), $145 for every 1 kHz or part thereof of the
        spectrum assigned for use by the licensee; and (L.N. 133 of 2008)

   (b)  for each of the remaining years of the period of validity of the
        relevant mobile carrier licence or relevant unified carrier licence

(as the case may be)- (L.N. 133 of 2008)

        (i)    5% of the network turnover in the year concerned; or

        (ii)   $1450 for every 1 kHz or part thereof of the spectrum assigned
               for use by the licensee, whichever is the higher for the year
               concerned.

(2) For the purposes of subsection (1), the spectrum assigned for use by the
licensee shall be-

   (a)  in respect of the first year of the period of validity of the
        relevant mobile carrier licence or relevant unified carrier licence
        (as the case may be), the spectrum assigned for use by the licensee on
        the issue of the licence; and

   (b)  in respect of each subsequent year of the period of validity of the
        relevant mobile carrier licence or relevant unified carrier licence

(as the case may be), the spectrum assigned for use by the licensee on each
anniversary of the issue of the licence. (L.N. 133 of 2008)

(3) For the purposes of subsection (1), if the relevant mobile 
carrier licence is, before the expiry of its period of validity, surrendered
to the Authority in return for a relevant unified carrier  licence which
entitles the licensee to use the same spectrum for the provision of service as
the relevant mobile carrier licence, then the period of validity of the
relevant unified carrier licence in relation to that spectrum shall be
calculated as from the date of the first issue of the
relevant mobile carrier licence in relation to that spectrum to the licensee,
and the reference to “the issue of the licence” in subsection

(2)(a) and (b) shall be construed as a reference to the first issue of the
relevant mobile carrier licence accordingly. (L.N. 133 of 2008)