【法规名称】
【法规编号】 44520 什么是编号？
【正 文】
第2页 CAP 106X TELECOMMUNICATIONS (METHOD FOR DETERMINING SPECTRUM UTILIZATION FEES) (THIRD GENERATION MOBILE SERVICES) REGULATION
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[接上页] Cap 106X s 7 Auction to determine respective priority rights of successful bidders in allocation of sets of frequency bands Subject to section 8 and compliance with the relevant terms, after sections 4, 5 and 6 have been complied with, an auction shall be held- (a) to determine the respective priority rights- (i) of the successful bidders remaining after the operation of those sections; and (ii) in relation to the allocation of the sets of frequency bands mentioned in section 3; and(b) in which- (i) the priority rights shall be assigned in descending order from the bidder whose bid produces the highest spectrum utilization fee mentioned in subparagraph (ii); (ii) the spectrum utilization fee to which the auction relates shall be a cash amount payable by each of the successful bidders immediately upon demand by the Authority. Cap 106X s 8 Secretary may specify minimum fee of spectrum utilization fee The Secretary may specify the minimum fee of any spectrum utilization fee mentioned in a provision of this Regulation- (a) by notice published in the Gazette or otherwise; and (b) by means of- (i) a minimum fixed fee; (ii) a minimum fee determined by reference to a formula or percentage or the occurrence of an event or series of events; (iii) a series of 2 or more minimum fees in relation to the same spectrum utilization fee where the relevant minimum fee is determined by reference to the occurrence of an event or series of events; (iv) a minimum fee the determination of which varies upon the occurrence of an event or series of events; (v) a minimum fee determined by reference to another minimum fee, or by reference to the means of determining another minimum fee, whether or not the other minimum fee is or will become payable; (vi) a minimum fee the determination of which varies, or is calculated by reference to, the period of validity of a licence or any part thereof; or (vii) any combination of 2 or more of any of the means specified in subparagraph (i), (ii), (iii), (iv), (v) or (vi), whether in whole or in part. Cap 106X s 9 Authority may promote, etc. an auction to which method referred to in section 3 relates The Authority may- (a) promote, hold, conduct, suspend, cancel or conclude an auction to which the method referred to in section 3 relates; (b) specify the terms and conditions of an auction to which that method relates by notice published in the Gazette (including terms and conditions relating to the payment of the spectrum utilization fees). Cap 106X s 10 Action that may be taken by Authority if licensee fails to keep proper accounts for purposes of determining spectrum utilization fees Where the determination of a spectrum utilization fee (including a relevant minimum 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. |
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