Hong Kong Regulations

TELECOMMUNICATIONS (CARRIER LICENCES) REGULATION,TELECOMMUNICATIONS (CARRIER LICENCES) REGULATION - SECT 4

Period of validity of carrier licences

(Past version on 01/04/2001).

(1) Subject to subsections (2), (3), (4), (6A), (6B), (6C) and (7), the period
of validity of a unified carrier licence, fixed carrier  licence, fixed
carrier (restricted) licence, mobile carrier licence or
space station carrier licence is the period of validity specified in Schedule
2 in relation to the licence. (L.N. 132 of 2008)

(2) Subsection (1) does not apply to an existing licence.

(3) Where an existing licence has been surrendered to the Authority in return
for the Authority issuing under section 7(5) of the Ordinance a
carrier licence (other than a unified carrier licence)- (L.N. 132 of 2008)

   (a)  to the holder of the existing licence; and

   (b)  which is, in the opinion of the Authority but subject to subsection
        (4), equivalent to the existing licence, then the period of validity
        of the carrier licence (other than a unified  carrier licence), and
        notwithstanding the provisions of Schedule 2, shall commence upon the
        surrender of the existing licence and expire at the expiration of the
        period of validity which the existing licence had left to run
        immediately before it was so surrendered. (L.N. 132 of 2008)

(4) For the purposes of subsection (3), a carrier licence (other than a
unified carrier licence) is equivalent to an existing licence- (L.N. 132 of
2008)

   (a)  where the frequency band, if any, to which the carrier licence

(other than a unified carrier licence) relates is the same frequency band to
which the existing licence relates; and

   (b)  irrespective of whether any fee payable for the carrier licence

(other than a unified carrier licence) is different from any fee payable for
the existing licence. (L.N. 132 of 2008)

(5)-(6) (Repealed L.N. 132 of 2008)

(6A) Where a relevant licence has been surrendered to the Authority in return
for the Authority issuing under section 7(5) of the Ordinance a
unified carrier licence-

   (a)  to the holder of the relevant licence; and

   (b)  which is, in the opinion of the Authority but subject to subsection
        (6B), equivalent to the relevant licence, the period of validity of
        the unified carrier licence shall, notwithstanding Schedule 2,
        commence upon the surrender of the relevant  licence, and expire at
        the expiration of the period of validity which the relevant licence
        had left to run immediately before it was so surrendered. (L.N. 132 of
        2008)

(6B) For the purposes of subsection (6A), a unified carrier licence is
equivalent to a relevant licence—

   (a)  if the service provided under the unified carrier licence is, in the
        opinion of the Authority, the same as the service provided under the
        relevant licence; and

   (b)  irrespective of whether any fee payable for the unified carrier 
        licence is different from any fee payable for the relevant licence.
        (L.N. 132 of 2008)

(6C) Where the Authority has issued a unified carrier licence under section
7(5) of the Ordinance to the holder of a relevant licence which has been
surrendered (other than the surrender as referred to in subsection (6A)) or
which has expired, the period of validity of the unified carrier licence shall
be the period as specified in Schedule 2. (L.N. 132 of 2008)

(7) For the avoidance of doubt, it is hereby declared that nothing in this
section shall be construed to confer any right or privilege on a person to-

   (a)  be issued a carrier licence; or

   (b)  have the period of validity of a carrier licence extended or renewed.