|
[接上页] (7) For the avoidance of doubt, it is hereby declared that nothing in this section shall be construed to confer any right or privilege on a person to- (a) be issued a carrier licence; or (b) have the period of validity of a carrier licence extended or renewed. Cap 106V s 5 Fees payable for carrier licences (1) Subject to subsections (2) and (3), the fees payable for a fixed carrier licence, fixed carrier (restricted) licence, mobile carrier licence, mobile carrier (restricted) licence or space station carrier licence are the fees specified in Schedule 3 in relation to the licence. (2) Subsection (1) does not apply to an existing licence except an existing licence mentioned in section 2(1)(b) or (2)(b) of Schedule 8 to the Broadcasting Ordinance (Cap 562). (3) The annual date of payment for a fee specified in Schedule 3 in relation to- (a) subject to paragraph (b), a carrier licence mentioned in section 4(3) shall, and notwithstanding the provisions of that Schedule, be the annual date for which a fee was payable- (i) under the Telecommunications Regulations (Cap 106 sub. leg.); or (ii) as specified by the Chief Executive in Council, as the case may require, in relation to the existing licence surrendered to the Authority in return for the carrier licence;(b) a fixed carrier (restricted) licence which is a licence mentioned in section 2(1)(b) or (2)(b) of Schedule 8 to the Broadcasting Ordinance (Cap 562) shall, and notwithstanding the provisions of Schedule 3, be 7 July of each year.(4) If the unexpired portion of the period of validity of a fixed carrier (restricted) licence mentioned in subsection (3)(b) immediately after the annual date mentioned in that subsection applicable to the licence is less than 1 year, then the fee payable mentioned in that subsection shall be calculated on a pro rata basis in respect of that portion. Cap 106V s 6 References in existing licences to fixed telecommunications network services licences, etc. (1) Subject to subsection (2), a reference in an existing licence to a term mentioned in column 1 of the table to this section (including grammatical variations and cognate expressions of such term) shall include a reference to the term mentioned opposite thereto in column 2 of that table (including grammatical variations and cognate expressions of the second-mentioned term) and, accordingly, the licensee shall comply with the provisions of the existing licence in accordance with that reference as so construed. (2) Subsection (1) shall not apply to a reference mentioned in that subsection to the extent, if any, to which the operation of that subsection in the case of that reference is inconsistent with the operation of the provisions of section 7O of the Ordinance in the case of that reference. TABLE Column 1 Column 2 Existing Licence Carrier Licence Fixed telecommunications network services licence Fixed carrier licence Public radiocommunications service licence for personal communications service Mobile carrier licence Public radiocommunications service licence for public mobile radiotelephone service Mobile carrier licence Public radiocommunications service licence (for services other than land mobile services) Mobile carrier (restricted) licence Cap 106V Sched 1 GENERAL CONDITIONS FOR CARRIER LICENCES [section 3] 1. DEFINITIONS AND INTERPRETATION 1.1 In this licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meanings assigned to them in the Telecommunications Ordinance (Cap 106) (the "Ordinance") and, as the case may be, the Interpretation and General Clauses Ordinance (Cap 1). For the purposes of interpreting this licence, headings and titles shall be disregarded. 1.2 This licence shall not be construed as granting an exclusive right to the licensee to provide the service. 1.3 This licence replaces any licence or any exemption from licensing, however described, which the Authority may have granted to the licensee for providing the service. 1.4 The grant of this licence does not authorize the licensee to do anything which infringes any exclusive licence granted under the Ordinance or any exclusive right to operate and provide telecommunications networks, systems, installations or services granted under any other Ordinance. 2. TRANSFER 2.1 The licensee may, only with the prior written consent of the Authority and subject to such reasonable conditions as the Authority thinks fit, transfer this licence or any permission, right or benefit under this licence. In giving his consent the Authority will have regard to such matters as he thinks fit including but not limited to the effect which the transfer will have on market structure and the financial and technical competence and viability of the transferee. 3. INTERNATIONAL CONVENTIONS 3.1 The licensee shall at all times perform and observe the requirements of the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to it, as are stated to be applicable to Hong Kong, and any other international convention, agreement, protocol, understanding or the like to the extent that the instruments described in this General Condition 3.1 impose obligations on Hong Kong of which the Authority gives notice to the licensee, except to the extent that the Authority may in writing exempt the licensee from such compliance. |