Decree of the Minister of Communication and Information Technology

5

DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY

NUMBER : 35/PER/M.KOMINFO/08/2009

ON

AMENDMENT TO THE DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY NUMBER : 09/PER/M.KOMINFO/01/2009 ON DEFINING THE RADIO FREQUENCY BAND FOR WIRELESS BROADBAND SERVICE AT RADIO FREQUENCY BAND OF 3.3 GHz AND MIGRATION OF THE EXISTING USERS OF RADIO FREQUENCY FOR WIRELESS BROADBAND SERVICE FROM RADIO FREQUENCY BAND OF 3.4 – 3.6 GHz TO RADIO FREQUENCY BAND OF 3.3 GHz

BY THE GRACE OF GOD THE ALMIGHTY

MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY

Considering: a that in view of the process of adaptation and migration of

the existing users of radio frequency band of 3.3. GHz for

wireless broadband service where the use of their radio

frequency band is adapted and the existing users of radio

frequency band for wireless broadband service that

migrate from radio frequency band of 3.4 – 3.6 GHz as

stipulated in Article 5 paragraph (1) of the Decree of the

Minister of Communication and Information Technology

Number: 09/PER/M.KOMINFO/01/2009 on Defining the

Radio Frequency Band for Wireless Broadband Service

at Radio Frequency Band of 3.3 GHz and the Migration

of the Existing Users of Radio Frequency for Wireless

Broadband Service from Radio Frequency Band of 3.4 -3.6

GHz to Radio Frequency Band of 3.3. GHz may be well

implemented, it is considered necessary to extend the time

limit for the process of adaptation and migration

concerned;

b.  that based on consideration as stated in point a, it is deemed necessary to make amendment to the Decree of the Minister of Communication and Information Technology

Number : 09/PER/M.KOMINFO/01/2009 on Defining the

Radio Frequency Band for Wireless Broadband Service at

Radio Frequency Band of 3.3.GHz and the Migration of the

Existing Users of Radio Frequency for Wireless

Broadband Service from Radio Frequency Band of 3.4 – 3.6 GHZ to Radio Frequency Band of 3.3 GHz by a Decree of the Minister of Communication and Information Technology.

.

a. 

Bearing in mind: 1. Law of the Republic of Indonesia Number 36 Year 1999 on

Telecommunication (State Gazette of the Republic of

Indonesia Number 154 Year 1999, Additional State Gazette

of the Republic of Indonesia Number 3881);

.

2.  Government Regulation of the Republic of Indonesia Number 52 Year 2000 on Provision of Telecommunication (State Gazette of the Republic of Indonesia Number 107 Year 2000, Additional State Gazette of the Republic of Indonesia Number 3980);

3.  Government Regulation of the Republic of Indonesia Number 53 Year 2000 on Use of Radio Frequency Spectrum and Satellite Orbit (State Gazette of the Republic of Indonesia Number 108 Year 2000, Additional State Gazettte of the Republic of Indonesia Number 3981);

4.  Government Regulation of the Republic of Indonesia Number 7 Year 2009 on Types and Tariffs of the Kinds of Non-Tax State Income Applicable at the Department of Communication and Information Technology (State Gazette of the Republic of Indonesia Number 20 Year 2009, Additional State Gazette of the Republic of Indonesia Number 4974);

5.  Decree of the President of the Republic of Indonesia Number 9 Year 2005 on Positions, Tasks, Functions, Organizational Structure and Working of State Ministries of the Republic of Indonesia as amended latest by the Decree of the President of the Republic of Indonesia Number 20 Year 2008;

6.  Decree of the President of the Republic of Indonesia Number 10 Year 2005 on Organizational Units and Functions of Echelon I of State Ministries of the Republic of Indonesia as amended latest by the Decree of the President of the Republic of Indonesia Number 21 Year 2008;

7.  Decree of the Minister of Communication and Information Technology Number 03/P/M.KOMINFO/5/2005 on Adjustment of Nomenclatures of a number of Decisions/Decrees of the Minister of Communication which regulate Special Material Contents in the field of Post and Telecommunication;

8.  Decree of the Minister of Communication and Information Technology Number 17/PER/M.KOMINFO/10/2005 on Procedure for Licensing and Operational Provisions on the Use of Radio Frequency Spectrum;

9.  Decree of the Minister of Communication and Information Technology Number 19/PER.KOMINFO/10/2005 on Guideline for the Implementation of Tariffs on Non-Tax State Income of the Charges for the Right to Use Radio Frequency as amended latest by the Decree of the Minister of Communication and Information Technology Number : 25/PER/M.KOMINFO/6/2009;

10. Decree of the Minister of Communication and Information Technology Number 25/P/M.KOMINFO/7/2008 on Organizational Structure and Working of the Department of Communication and Information Technology;

11. Decree of the Minister of Communication and Information Technology Number 07/PER/M.KOMINFO/01/2009 on Structuring the Radio Frequency Band for Wireless Broadband Service.

12. Decree of the Minister of Comminication and Information Technology Number: 09/PER/M.KOMINFO/01/2009 on Defining the Radio Frequency Band for Wireless Broadband Service at Radio Frequency Band of 3.3 GHz and Migration of the Existing Users of Radio Frequency for Wireless Broadband Service from Radio Frequency Band of 3.4 – 3.6 GHz to Radio Frequency Band of 3.3 GHz;

13. Decree of the Minister of Communication and Information Technology Number 29/PER/M.KOMINFO/07/2009 on Table of Allocation of Radio Frequency Spectrum of Indonesia.

DECIDES

To ratify : DECREE OF THE MINISTER OF COMMUNICATION AND

INFORMATION TECHNOLOGY ON AMENDMENT TO THE

DECREE OF THE MINISTER OF COMMUNICATION AND

INFORMATION TECHNOLOGY NUMBER :

09/PER/M.KOMINFO/01/2009 ON DEFINING THE RADIO

FREQUENCY BAND FOR WIRELESS BROADBAND

SERVICE AT RADIO FREQUENCY BAND OF 3.3 GHz AND

MIGRATION OF THE EXISTING USERS OF RADIO

FREQUENCY FOR WIRELESS BROADBAND SERVICE

FROM RADIO FREQUENCY BAND OF 3.4 – 3.6 GHz TO

RADIO FREQUENCY BAND OF 3.3 GHz

Article I

The provision of the Decree of the Minister of Communication and Information Technology Number : 09/PER/M.KOMINFO/01/2009 on Defining the Radio Frequency Band for Wireless Broadband Service at Radio Frequency Band of 3.3. GHz and Migration of the Existing Users of Radio Frequency for Wireless Broadband Service from Radio Frequency Band of 3.4 – 3.6 GHz to Radio Frequency Band of 3.3 GHz is amended as follows:

The provision of Article 5 paragraph (1) is amended so that the whole Article 5 reads as follows:

Article 5

(1)  The existing users of radio frequency band of 3.3. GHz for wireless broadband service adapted to their use of radio frequency band and the existing users of radio frequency band for wireless broadband service that migrate from radio frequency band of 3.4 – 3.6 GHz are still levied with the obligation to pay CRU for RSL in accordance with the prevailing regulation until the settlement of the process of adaptation and migration, i.e. two (2) years counting from August 19, 2009.

(2)  After the period of adaptation and migration as stated in paragraph (1), the existing users of radio frequency band of 3.3. GHZ for wireless broadband service whose use of radio frequency band has been adapted and the existing users of radio frequency band for wireless broadband service that migrate from radio frequency band of 3.4 – 3.6 GHz shall pay CRU License of Radio Frequency Spectrum Band in accordance with the prevailing regulation.

(3)  Users of radio frequency band of 3.3 GHz for wireless broadband service as stated in Article 2 paragraph (3) point c shall pay CRU License of Radio Frequency Spectrum Band in accordance with the prevailing regulation.

(4)  The obligation to pay CRU License of Radio Frequency Spectrum Band as stated in paragraphs (2) and (3) consists of up front fee and yearly CRU radio frequency spectrum the amount of which is fixed based on selection result and the procedure for payment is stipulated in a separate Ministerial Decree.

Article II

This Ministerial Decree shall come into force on August 19, 2009

Done at: JAKARTA

On : August 31, 2009

______

MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY

Signed

MOHAMMAD NUH

In case the English translation gives rise to different interpretation, please refer to the original version in Indonesian language