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.