【法规名称】
【法规编号】 44520 什么是编号？
【正 文】
CAP 106X TELECOMMUNICATIONS (METHOD FOR DETERMINING SPECTRUM UTILIZATION FEES) (THIRD GENERATION MOBILE SERVICES) REGULATION
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(Cap 106, section 32I) [4 July 2001] (L.N. 115 of 2001) Cap 106X s 1 (Omitted as spent) (Omitted as spent) Cap 106X s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "applicable royalty percentage" (适用专营权费百分率), in relation to an auction, means the lowest common royalty percentage bid- (a) offered by all the remaining successful bidders; and (b) which is not less than the royalty percentage bid offered by the fifth highest bidder; (L.N. 168 of 2001)"auction" (拍卖) includes a tender and a combination of auction and tender; "bid" (出价) includes- (a) a tender; (b) an intention to bid specified in an application in writing given to the Authority;"bidder" (竞投人) includes- (a) a tenderer; (b) a person who has expressed an intention to bid by application in writing given to the Authority;"network turnover" (网络营业额), 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; "relevant minimum fee" (有关最低费用), in relation to a spectrum utilization fee mentioned in a provision of this Regulation, means the minimum fee specified under section 8; "relevant terms" (有关条款) means the terms and conditions specified in the notice mentioned in section 9(b). (2) For the avoidance of doubt, it is hereby declared that the fact that an auction mentioned in this Regulation is not held shall not in any way prejudice the operation of a provision of this Regulation (including the definition of "applicable royalty percentage"). (L.N. 168 of 2001) (L.N. 168 of 2001) Cap 106X s 3 Application The method for determining the spectrum utilization fees to be paid by the users of the spectrum which falls within the 4 sets of frequency bands designated in the Telecommunications (Designation of Frequency Bands subject to Payment of Spectrum Utilization Fee) Order (Cap 106 sub. leg.) shall be as specified in sections 4, 5, 6 and 7. Cap 106X s 4 Auction to determine annual spectrum utilization fee payable Subject to sections 5, 6, 7 and 8 and compliance with the relevant terms, where there are more than 4 bidders, an auction shall be held in which- (a) subject to paragraph (c), the bidders whose bids will produce the applicable royalty percentage, as determined in accordance with this Regulation and the relevant terms, shall be the successful bidders; (b) the spectrum utilization fee to which the auction relates shall be- (i) an annual fee for each of the first 5 years of the period of validity of the relevant licence mentioned in section 7(12) of the Ordinance consisting of the relevant minimum fee applicable to the applicable royalty percentage; (ii) for each year of the period of validity of the relevant licence remaining after the expiration of the first 5 years, an annual fee consisting of- (A) a royalty determined by reference to the network turnover in relation to the licensee multiplied by the applicable royalty percentage; or (B) the relevant minimum fee based on the applicable royalty percentage, whichever is the highest for the year concerned;(c) if there is no fifth highest bidder, as mentioned in the definition of "applicable royalty percentage" and as determined in accordance with the relevant terms, then the spectrum utilization fee shall be the relevant minimum fee, and paragraph (b) and the other provisions of this Regulation shall be construed accordingly. (L.N. 168 of 2001) (L.N. 168 of 2001) Cap 106X s 5 Spectrum utilization fee payable where auction not held due to insufficient bidders Subject to sections 6, 7 and 8 and compliance with the relevant terms, where there are not more than 4 bidders- (a) in relation to the auction mentioned in section 4 and before the start of the auction; and (b) immediately upon the expiration of the period, as specified in the relevant terms, after which the Authority will not accept bids,then- (c) the auction shall not be held; (d) each of the bidders shall be a successful bidder; and (e) the spectrum utilization fee shall be the relevant minimum fee. Cap 106X s 6 Auction to remove connected bidders Subject to section 8 and compliance with the relevant terms, where 2 or more of the successful bidders mentioned in section 4 or 5 are connected as mentioned in the relevant terms, then an auction shall be held, as required by the relevant terms, for those successful bidders so connected (or, if there is more than one set of those successful bidders so connected, an auction for each set shall be held) in which- (a) the bidder whose bid produces the highest spectrum utilization fee mentioned in paragraph (b) shall be the remaining successful bidder whilst the other bidder or bidders shall cease to be a successful bidder or the successful bidders, as the case may be; (b) the spectrum utilization fee to which the auction relates shall be a cash amount payable by the successful bidder immediately upon demand by the Authority. |
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