The increase of the public’s role in the operation of telecommunications does not
lessen the basic principle stated in Article 33 paragraph (3) of the 1945 Constitution,
i.e. that the earth and water and the natural wealth contained therein are controlled
by the state and used to the maximum extent for the people’s welfare. Therefore,
matters related to the use of radio frequency spectrum and satellite orbit, being a
limited natural resource, is controlled by the state.
In staying focused on the direction and policy of national development and with due
observance of ongoing developments, nationally and internationally, especially in the
field of telecommunications technology, the legal norms applicable to the guidance
and operation of telecommunications as regulated in Law No. 3 of 1989 on
Telecommunication, need to be replaced.
ARTICLE BY ARTICLE
Article 1 - Self-explanatory.
Article 2
The operation of telecommunications shall truly be based on the principle of
national development, giving priority to the principle of benefit, the principle
of just and equitable distribution, the principle of legal certainty and the
principle of self confidence, as well as paying attention to the principle of
safety, cooperation and ethics.
The principle of benefit means that the development of telecommunications,
especially telecommunications operations, will be more efficient and
productive, whether as infrastructure development, government operations
facilities, educational facilities, communication facilities as well as an
economic commodity which has the capability to further improve the public’s
welfare.
The principle of just and equitable distribution means that
telecommunications operations shall give the same opportunity and
treatment to all qualified parties and the benefits are thereof enjoyed by the
public on a just and equitable basis
The legal certainty principle means that telecommunications development,
especially telecommunications operations, must be based on statutory
regulations ensuring legal certainty, and providing legal protection to
investors, telecommunication operators as well as to telecommunications
users.
The self confidence principle is carried out by maximizing the potential of
national resources efficiently as well mastery of telecommunications
technology, in order as a nation to increase our independence and reduce
our dependence in facing global competition.
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