TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION
- CHAPTER 106AA

TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - LONG TITLE  
Empowering section VerDate:03/02/2005



(Cap 106, section 32I)

[3 February 2005]

(L.N. 210 of 2004)



TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - SECT 1
(Omitted as spent) VerDate:03/02/2005




(Omitted as spent)


TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - SECT 2
Application VerDate:03/02/2005



The amount of the spectrum utilization fees to be paid by the users of the 
spectrum which falls within the frequency bands set out in Part 2 of the 
Schedule to the Telecommunications (Designation of Frequency Bands subject 
to Payment of Spectrum Utilization Fee) Order (Cap 106 sub. leg. Y) shall 
be determined in accordance with section 4.



TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - SECT 3
Interpretation VerDate:03/02/2005



In this Regulation-

        (a)	"mobile carrier licence" (移動傳送者牌照) means a mobile carrier 
licence as defined in section 2 of the Telecommunications (Carrier 
Licences) Regulation (Cap 106 sub. leg. V);

        (b)	"network turnover" (網絡營業額), in relation to calculating a 
spectrum utilization fee, means the revenue arising from or attributable 
to the provision of any telecommunications services over any 
telecommunications network using the frequency bands to which that fee 
relates; and

        (c)	"relevant mobile carrier licence" (有關的移動傳送者牌照) means a mobile 
carrier licence which-

        (i)	is granted after the commencement of this Regulation; and

        (ii)	entitles its holder to use the spectrum referred to in section 
2.  (L.N. 15 of 2005)
(L.N. 15 of 2005)
"mobile carrier licence" (移動傳送者牌照)
"network turnover" (網絡營業額)
"relevant mobile carrier licence" (有關的移動傳送者牌照)


TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - SECT 4
Spectrum utilization fee VerDate: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, $145 for every 1 kHz or part thereof of 
the spectrum assigned for use by the licensee; and

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

        (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, 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, the spectrum assigned for use by the 
licensee on each anniversary of the issue of the licence.



TELECOMMUNICATIONS (LEVEL OF SPECTRUM UTILIZATION FEES) (SECOND GENERATION MOBILE SERVICES) REGULATION - SECT 5
Action that may be taken by Authority if licensee fails to keep proper accounts for purposes of determining spectrum utilization fees VerDate:03/02/2005



Where the determination of a spectrum utilization fee relates, whether in 
whole or in part, to the accounts of a licensee and the accounts have not, 
in the opinion of the Authority, been kept in accordance with-

        (a)	the conditions to which the licence is subject; or

        (b)	any accounting practices specified under section 7H of the 
Ordinance and applicable to the licensee,
then-

        (c)	the Authority may-

        (i)	treat the accounts in such manner as he considers necessary to 
bring them into conformity with those conditions or accounting practices, 
as the case may be; and

        (ii)	assess the network turnover in relation to the licensee on the 
basis of the accounts as so treated; and

        (d)	the accounts as so treated and the network turnover as so 
assessed shall be used for the purposes of determining that fee, and the 
other provisions of this Regulation shall be construed accordingly.