| (Cap 106, section 7(2)) [1 April 2001] (L.N. 19 of 2001) Cap 106V s 1 (Omitted as spent) (Omitted as spent) Cap 106V s 2 Interpretation In this Regulation, unless the context otherwise requires- "carrier licence" (传送者牌照) does not include an exclusive licence; "earth station" (地球站) means a station located on the Earth's surface or within the major portion of the Earth's atmosphere and intended for communications with or reception from- (a) one or more space stations; or (b) one or more stations of the same kind by means of one or more reflecting satellites intended to reflect radiocommunications signals or other objects in space;"existing licence" (现有牌照) means a licence- (a) deemed to be granted under the Ordinance by virtue of section 7O of the Ordinance; and (b) which falls within the definition of "carrier licence";"fixed carrier licence" (固定传送者牌照) does not include a space station carrier licence; "fixed carrier (restricted) licence" (有限制固定传送者牌照) means a fixed carrier licence which only entitles the licensee to establish or maintain a telecommunications network for carrying television programmes within the meaning of section 2(1) of the Broadcasting Ordinance (Cap 562); "mobile carrier licence" (移动传送者牌照) means a carrier licence issued for communications between- (a) moving locations; or (b) fixed locations and moving locations,but does not include a space station carrier licence;"mobile carrier (restricted) licence" (有限制移动传送者牌照) means a mobile carrier licence- (a) mentioned in paragraph (a) or (b) of the definition of "mobile carrier licence"; and (b) issued for radiocommunications where moving stations primarily for use in locations other than on land are used;"space station" (空间电台) means a radiocommunications station located on a space object; "space station carrier licence" (空间电台传送者牌照) means a carrier licence issued for the licensee to establish, possess, maintain, use and operate a space station or earth station for telemetry, tracking, control and monitoring of a space object and for space radiocommunications; "station" (电台) means one or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying a radiocommunications service. Cap 106V s 3 General conditions for carrier licences (1) Subject to subsection (2), the general conditions for a carrier licence are the general conditions specified in Schedule 1. (2) Subsection (1) does not apply to an existing licence. Cap 106V s 4 Period of validity of carrier licences (1) Subject to subsections (2) to (7), the period of validity of a fixed carrier licence, fixed carrier (restricted) licence, mobile carrier licence or space station carrier licence is the period of validity specified in Schedule 2 in relation to the licence. (2) Subsection (1) does not apply to an existing licence. (3) Where an existing licence has been surrendered to the Authority in return for the Authority issuing under section 7(5) of the Ordinance a carrier licence- (a) to the holder of the existing licence; and (b) which is, in the opinion of the Authority but subject to subsection (4), equivalent to the existing licence,then the period of validity of the carrier licence, and notwithstanding the provisions of Schedule 2, shall commence upon the surrender of the existing licence and expire at the expiration of the period of validity which the existing licence had left to run immediately before it was so surrendered. (4) For the purposes of subsection (3), a carrier licence is equivalent to an existing licence- (a) where the frequency band, if any, to which the carrier licence relates is the same frequency band to which the existing licence relates; and (b) irrespective of whether any fee payable for the carrier licence is different from any fee payable for the existing licence.(5) Where- (a) under the Telecommunications Regulations (Cap 106 sub. leg.) an existing licence may have been extended or renewed for up to, or not exceeding, a period specified in the Telecommunications Regulations (Cap 106 sub. leg.) ("the specified period"); and (b) the Authority has issued under section 7(5) of the Ordinance a carrier licence- (i) to the holder of the existing licence; and (ii) which is, in the opinion of the Authority, equivalent to the existing licence (but regardless of the fee payable for the carrier licence),then the period of validity of the carrier licence, and notwithstanding the provisions of Schedule 2, shall commence upon the expiry of the existing licence and expire, as specified in the carrier licence, not later than the specified period applicable to the existing licence. (6) Where subsection (5) would have applied to an existing licence but for the surrender of the licence to the Authority in return for a carrier licence as mentioned in subsection (3), then the period of validity of any extension or renewal of the carrier licence, and notwithstanding the provisions of Schedule 2, shall expire, as specified in the carrier licence, not later than the period specified in the Telecommunications Regulations (Cap 106 sub. leg.) for which the existing licence may have been extended or renewed, as the case may be. |
