Part 3 Broadcasting Regulation Section 41. Any person wishing to use radio frequencies for the purpose of sound broadcasting or television broadcasting services shall obtain a license under this Act. The License application and permission shall be in accordance with the criteria, procedures, and conditions as prescribed by the NBTC, unless for the purpose of business operation which the provision in paragraph six shall apply. It shall be deemed that the application for radio frequency license according to paragraph one is also an application for operations of sound broadcasting or television broadcasting services under the Broadcasting Business Act; and when the NBTC permits the use of radio frequency, it shall be deemed that the applicant is permitted to operate the sound broadcasting or television broadcasting services under the Broadcasting Business Act and shall be deemed that the person is permitted to posses and use radiocommunication equipment and install the radiocommunication station under the Radiocommunications Act with respect only to the radiocommunication equipment as specified in the application. The permission to use radio frequency for the purpose of sound broadcasting or television broadcasting services shall be carried out with due regard to maximum public interests at the national, regional and local levels in education, culture, state security and other public interests, including free and fair competition, and shall be carried out in the manner of extensively and appropriately distributing the utilities as the national communications resource to all segments of enterprises for public interest. For the benefit of promoting radio and television programs that contribute social constructive contents or programs for children and youths, the NBTC shall set licensing conditions requiring the licensee to broadcast these programs at a period appropriate for the target group. In the case of licensing radio frequency for sound broadcasting or television broadcasting services which are the business operation as stipulated under the Broadcasting Business Act, the selection shall be carried out by means of spectrum auctions at the national, regional and local levels. The auctions shall be conducted separately for each level in accordance with the criteria, procedures, date, and conditions as prescribed by the NBTC. In specifying qualifications of persons who are eligible for auctioning under paragraph six, due consideration shall be given to the benefit from efficient and optimum allocation of spectrum resources, prevention of anti-competitive conduct, promotion of free and fair competition, efficient supplying of services, burdens on the consumers, and right protection for potential licensees to operate business at regional and local levels. The licensing of radio frequency for the sound broadcasting and television broadcasting services that cause or may cause interference or duplication with the existing radio frequency shall be forbidden.

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