b. that in order to administer the stipulations as understood in letter a, it is necessary to regulate the stipulations for the provision of telecommunications via satellite more completely, by means of a Regulation from the Minister of Communications and Information;
Bearing in mind:
- Statute of the Republic of Indonesia Number 36 of the Year 1999 regarding Telecommunications (State Gazette of the Republic of Indonesia Number 154 of the Year 1999, Addendum to the State Gazette of the Republic of Indonesia Number 3881);
- Statute of the Republic of Indonesia Number 32 of the Year 2002 regarding Broadcasting (State Gazette of the Republic of Indonesia Number 139 of the Year 2002, Addendum to the State Gazette of the Republic of Indonesia Number 4252);
- Statute of the Republic of Indonesia Number 52 of the Year 2000 regarding Provision of Telecommunications (State Gazette of the Republic of Indonesia of the Year 2000 Number 107, Addendum to the State Gazette of the Republic of Indonesia Number 3980);
- Regulation of the Republic of Indonesia Number 53 of the Year 2000 regarding Use of the Radio Frequency Spectrum and Satellite Orbits (State Gazette of the Republic of Indonesia of the Year 2000 Number 108, Supplement to the State Gazette Number 3981);
- Executive order of the President of the Republic of Indonesia Number 80 of the Year 2004 regarding Validation of Instruments Amending the Constitution and the Convention of the International Telecommunication Union, Marrakech, 2002;
- Regulation of the President of the Republic of Indonesia Number 9 of the Year 2005 regarding the Status, Duties, Functions, Organisational Structure and Work Procedures of the State Ministries of the Republic of Indonesia;
- Regulation of the President of the Republic of Indonesia Number 10 of the Year 2005 regarding Unit Organisation and Duties of the Echelon I State Ministries of the Republic of Indonesia, as amended by Regulation of the President of the Republic of Indonesia Number 15 of the Year 2005;
- Executive Order of the Minister of Communications Number KM.20 of the Year 2001 regarding Implementation of Telecommunications Networks, as amended by Order of the Minister of Communications Number KM.29 of the Year 2004;
- Executive Order of the Minister of Communications Number KM.21 of the Year 2001 regarding Provision of Telecommunications Services, as amended by Order of the Minister of Communications Number KM.30 of the Year 2004;
- Regulation of the Minister of Communications and Information Number: 01/P/M.Kominfo/4/2005 of the Year 2005 regarding Organizational Structure and Work Procedures for the Ministry of Communications and Information;
- Regulation of the Minister of Communications and Information Number: 03/P/M.Kominfo/5/2005 regarding Language Adjustments in Several Orders/Regulations of the Minister of Communications regulating Special Cargo Materials in the Postal and Telecommunications Sectors;
ISSUES A RULING:
ESTABLISHING:REGULATIONS FROM THE MINISTER OF COMMUNICATIONS AND INFORMATION REGARDING THE PROVISION OF TELECOMMUNICATIONS VIA SATELLITE.
CHAPTER I
GENERAL STIPULATIONS
Article 1
In these Regulations what is meant by:
- Telecommunication is all transmission, dispatching and/or receipt of all information in the form of signs, signals, writing, images, voice, and sound via wired, optical, or radio systems, or other electromagnetic systems.
- Provision of telecommunication is the activity of telecommunication provision, and services allowing telecommunications to be provided.
- A satellite is an item orbiting in space, and circling the earth, functioning as a radio station that receives and transmits, or retransmits and/or receives, processes and retransmits radio communication signals.
- A radio station consists of one or several pieces of transmission equipment or receiving equipment, or a grouping of transmission and receiving equipment, including all the equipment necessary in one location to maintain radio communications.
- Radio communication is telecommunication via radio waves.
- A satellite orbit is a path in space followed by a satellite’s centre of mass.
- A radio frequency spectrum is a group of radio frequency bands.
- Radio regulation consists of the stipulations of international law established by the Constitution and Convention of the International Telecommunication Union/ITU that regulates the use radio frequencies procedures, along with the registration, coordination, and notification of radio frequencies for the use of terrestrial or satellite communications systems.
- An Indonesian satellite is a satellite that has been registered with the ITU in the name of the Indonesian Telecommunications Administration.
- A foreign satellite is a satellite that has been registered with the ITU in the name of another nation.
- An Indonesian satellite provider is a telecommunications provider who owns or controls a satellite that has been registered with the ITU in the name of the Indonesian Telecommunications Administration.
- A station is one or more transmitters or receivers or a group of transmitters or receivers, including all the equipment required in one location to provide radio communication services or radio astronomy services.
- An Earth-based station is a station located on the surface of the earth, or in part of the earth’s atmosphere that is intended for communications.
- An Orbital station is a station located on an item beyond the earth’s atmosphere, which will pass through and/or has passed through the earth’s atmosphere.
- The Usage Rights Fees of the radio frequency spectrum, which will henceforth be referred to as the URF of the radio frequency spectrum, are compensation for the use of radio frequencies in accordance with the licences that have been received.
- The board of broadcast subscribers is that incorporated under Indonesian law, whose line of business is only to provide broadcast subscriber services and which is obliged to obtain prior permission for providing subscription broadcasts.
- Landing rights are the rights given by the Director General in the name of the Minister to telecommunications providers or to the board of broadcast subscribers within the scope of cooperating with foreign telecommunications providers.
- A Telecommunications Administration is the nation as represented by the government of that nation, within the scope of overseeing the rights and obligations of the International Telecommunications Constitution and Convention and its corresponding regulations.
- The responsible party for Indonesian telecommunications administration is the Minister.
- Minister is the Minister with the scope of duties and responsibilities in the telecommunications field.
- Director General is the Director General of the Post and Telecommunications.
CHAPTER II
LICENSURE FOR SATELLITE USE
First Section
Radio Station Licences
Article 2
- Each telecommunications provider making use of a satellite must obtain a Radio Station Licence (RSL) issued by the Director General.
- An RSL as understood in section (1) consists of: a. an orbital station licence; or b. an earth-based station licence.
- An RSL as understood in section (2) is subject to Usage Rights Fees for the radio frequency spectrum, in accordance with current statutes.
Second Section
Orbital Station Licences
Article 3
- Orbital station licences are licences for the use of the radio frequency spectrum by an orbital station in the Indonesian region.
- Orbital station licences encompass all transmission radio frequency spectra or receiving radio frequency spectra of an orbital station.
Article 4
- The RSL for an earth-based station which transmits to an orbital station and/or receives from an orbital station is assigned to the said orbital station.
- Every earth-based station as understood in section (1) must be registered with the Director General.
- The Director General publishes the specific identities of earth-based stations.
- The obligation to register as understood in section (2) is not applicable to earth-based stations receiving freely or without payment (free to air) from satellites, with the following stipulations: a. [the reception] is for private use; or b. [the reception] is not redistributed for a fee.
Article 5
An orbital station licence may be issued to:
a. providers of Telecommunications Networks;
b. providers of special telecommunications for the purpose of national defence and security; or
c. providers of special telecommunications for authorised
Government requirements.
Article 6
- In the case of a telecommunications network provider as understood in Article 5 letter a, who is making use of a foreign satellite, an orbital station licence may be issued after the telecommunications provider obtains landing rights.
- Landing rights as understood in section (1) are given with the following provisos: a. the said foreign satellite has undergone satellite coordination and/or does not cause harmful interference for Indonesian satellites or licensed radio stations; and b. the same opportunity is open for Indonesian satellite providers to compete and operate in the nation of origin of the said foreign satellite provider.
Article 7
The minister will periodically make public the list of orbital stations which have been licensed.
Third Section
Earth-based Station Licences
Article 8
- Earth-based stations that transmit to satellites which do not have orbital station licences and/or receive from satellites which do not have orbital station licences must obtain earth-based station licences.
- Earth-based station licences are in effect for each earth-based station location.
- The obligation to obtain an earth-based station licence as understood in section (1) is not applicable to earth-based stations receiving freely or without payment (free to air) from satellites that do not have an orbital station licence, with the following stipulations:
a. [the reception] is for private use; and
b. [the reception] is not redistributed for a fee.
Article 9
- An earth-based station licence may be issued after the telecommunications provider obtains landing rights.
- Landing rights as understood in section (1) are given with the following provisos: a. the satellites that will be used do not cause harmful interference for Indonesian satellites or other satellites that have orbital station licences, or licensed radio stations; and b. the same opportunity is open for Indonesian satellite providers to compete and operate in the nation of origin of the said foreign satellite provider.
CHAPTER III
INDONESIAN SATELLITE PROVISION
First Section
The registration of Indonesian satellites with the International Telecommunication Union
Article 10
- Indonesian satellite provider candidates must file their satellite registration requests with the International Telecommunication Union (ITU) to the Minister in writing.
- Satellite registration requests as understood in section (1) must include: a. data on the radio frequency spectrum to be used; b. coverage region; c. number of transponders; d. age of satellite; e. explanatory analysis of the chosen orbit location and the system that will be used; f. a declaration of ability to carry out satellite coordination; g. a declaration of ability to follow satellite registration procedures; h. a declaration of ability to assume the costs of satellite registration established by the ITU; i. and a declaration of ability to fulfil all other conditions established by the ITU.
- Satellite registration requests as understood in section (1) may be submitted to the ITU after undergoing evaluation.
Article 11
(1) Satellite registration follows the procedures outlined in the Radio Regulations.
(2) Satellite registration is carried out in stages:
a. Advance Publication;
b. Coordination;
c. Due Diligence; and
d. Notification.
Article 12
(1) The dossier of the satellite registration request as understood in Article 10 section (2) will be returned to the petitioner when:
a. there is found to be a lack of the conditions established by the ITU, or it is not completed with necessary data or information; or
b. there is a request for clarification in the form of additional information from the ITU.
(2) Petitioner must fulfil each request for supplemental information required by the ITU and/or the Telecommunication Administration of another nation when required to do so during the ITU satellite registration process.
(3) A request dossier as understood in section (1) may be re-filed after conditions are fulfilled within a period of time that follows ITU stipulations.
Article 13
(1) Satellite coordination as understood in Article 11 section (2) letter b must be performed by the petitioner for satellite registration for all related satellite providers, both Indonesian satellite providers as well as foreign satellite providers.
(2) Every agreement that is reached in satellite coordination as understood in section (1), must obtain the Minister’s approval.
Article 14
Satellite registration that has been completely coordinated with all related satellite providers is filed with the ITU by the Minister to attain Notification status.
Article 15
Petitioners for satellite registration who have obtained Notification status as understood in Article 14, must undergo additional coordination if there has been:
a. a modification to the system used;
b. a coordination request from another nation.
Second Section
Satellite acquisition
Article 16
(1) Indonesian satellite provider candidates must submit plans for satellite acquisition to the Minister.
(2) Plans for satellite acquisition as understood in section (1) will include:
a. a management analysis; and
b. a technical analysis.
(3) A management analysis as understood in section (2) letter a encompasses:
a. a project and business plan;
b. stock ownership outline;
c. a profile of the company manufacturing the satellite;
d. a profile of the company launching the satellite;
e. a plan for advancement and monitoring that shows progress reached towards satellite acquisition;
f. insurance.
(4) A technical analysis as understood in section (2) letter b encompasses:
a. type of satellite;
b. interference;
c. satellite construction;
d. satellite launching [systems?];
e. in-orbit tests of the satellite.
Article 17
Indonesian satellite provider candidates must periodically report any developments in progress and monitoring to the Minister, showing the progress made towards satellite acquisition at least once a year.
Third Section
Acquisition of Satellite Launch Vehicle, Satellite Launch
Operations, and Civil Responsibilities
Article 18
Acquisitions of satellite launch vehicles must be reported to the Minister
Article 19
(1) Launch activities and/or placement of satellites in orbit must be reported to the Minister.
(2) In the occurrence of a civil loss for any nation or other party resulting from launch activities and satellite operations, the satellite provider and the satellite launch vehicle supplier are responsible under civil law for dealing with civil material losses and must report them to the minister.
Article 20
After the satellite has been launched and is in operation, the Minister will coordinate with the Foreign Minister for the use of the satellite in space.
Fourth Section
End of Operation Period
Article 21
In the case of an Indonesian satellite provider candidate not using the above satellite registration, resulting in a satellite whose operation period has expired or is unable to function according to its planned use, the Minister may expropriate the management of registration and coordination of any satellite that has been registered by the Indonesian Telecommunications Administration with the ITU.
Article 22
In the case of an Indonesian satellite that has already reached the end of its normal operation period or that cannot function in accordance with its planned use (an anomaly), the telecommunications provider that owns and/or controls the satellite must:
a. remove the telecommunications satellite from its orbit location (deorbit), which will be carried out in accordance with the regulatory stipulations of current statutes; or
b. move the telecommunications satellite to another orbiting location when the satellite can be reused, according to principles of non-interference with other satellites which are operating based on the stipulations of current statutes.
Fifth Section
Satellite Orbit Usage Right Fees
Article 23
(1) Satellite Orbit Usage Right Fees (URF) are applicable to Indonesian satellite provider candidates in the process of selection used for registration of satellites that have been allocated by the ITU to Indonesia.
(2) The registration of satellites provided by the ITU as understood in section (1) encompasses:
a. the registration of satellites for orbits that have been planned for the Fixed Satellite Service with ranges in the Indonesian region, established by the ITU Radio Regulations (Appendix 30B);
b. the registration of satellites for orbits that have been planned for the Satellite Broadcast Service with ranges in Indonesian territory, established by the ITU Radio Regulations (Appendices 30 and 30A).
(3) The URF for satellite orbits must be paid in advance in accordance with current regulatory statutes.
(4) The selection method for use of satellites that have been allocated by the ITU to Indonesia is regulated only by the Minister’s Regulations.
Sixth Section
Fees for Registering Satellites with the ITU
Article 24
Indonesian satellite provider candidates are subject to satellite registration fees from the ITU, of which the amount is established by the ITU.
CHAPTER IV
SANCTIONS
Article 25
Violations of these Regulations will be subject to sanctions as specified in Statute Number 36 of the Year 1999 regarding Telecommunications.
Article 28
(1) Violations of stipulations as understood in Article 2 section (1) will be subject to administrative sanctions in the form of revocation of licences for telecommunications provision.
(2) Revocation of licences as understood in section (1) will be carried out after the sending of 3 (three) successive written warnings, each warning with a grace period of 7 (seven) working days.
CHAPTER V
TRANSITIONAL STIPULATIONS
Article 29
With the enactment of these regulations, telecommunication providers who have used fixed satellites can carry out their activities, with the stipulation that after 6 (six) months at the very latest after the enactment of these Regulations, they must be in accordance with these Regulations.
CHAPTER VI
CLOSING
Article 30
In the carrying out of these regulations, all regulatory statutes that are equivalent to and lesser than these Regulations, which regulate the provision of telecommunications via satellite, are proclaimed to remain in effect, to the extent that they do not contradict these regulations.
Article 31
These Minister’s Regulations take effect from the date of issue.
Issued in: JAKARTA
In: 2005
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MINISTER OF COMMUNICATIONS AND INFORMATION
SOFYAN A. DJALIL
COPIES of these regulations to be sent to:
- Head of the Finance Investigation Board
- Coordinating Minister in the Field of Economics;
- Minister of Finance;
- Minister of Industry;
- Minister of Trade;
- Minister of Communications;
- Foreign Minister;
- Interior Minister;
- Minister of Justice and Human Rights;
- National Secretary;
- Attorney General of the Republic of Indonesia;
- Head of the Spaceflight Agency;
- The Governors and Regional Heads of Provinces throughout Indonesia;
- The Secretary General, Inspector General, Directors General and Department heads in the Ministry of Communications and Information;
- The Bureau Chiefs and Centre Chiefs of the Secretariat General of the Ministry of Communications and Information.