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REGULATION OF THE MINISTER OF COMMUNICATION AND


INFORMATICS
REPUBLIC OF INDONESIA
Act No. 4 Of 2015

REGARDING

OPERATIONAL PROVISIONS AND LICENSING PROCEDURES FOR


THE UTILIZATION OF RADIO FREQUENCY SPECTRUM

BY THE GRACE OF GOD ALMIGHTY

MINISTER OF COMMUNICATION AND INFORMATICS


REPUBLIC OF INDONESIA,

Considering: a. the Act of the Minister of Communication and Informatics


No.17/PER/M.KOMINFO/10/2005 regarding Operating
Condition and Procedures for Radio Frequency Spectrum
Utilization as amended by Act of the Minister of
Communication and Informatics No.
23/PER/M.KOMINFO/12/2010 is not conform with the
operational requirements of radio frequency spectrum
utilization;
b. referred to paragraph a, need to establish a regulation of Minister
of Communications and Informatics regarding Radio Frequency
Spectrum Utilization;

In view of: 1. Act No. 20 of 1997 on Non-Tax Revenue (State Gazette


Republic of Indonesia Year 1997 No. 43, Supplement to State
Gazette of the Republic of Indonesia No. 3687);
2. Act No. 36 of 1999 on Telecommunication (State Gazette of the
Republic of Indonesia 1999 No. 154, Supplement to State
Gazette of the Republic of Indonesia No. 3881);
3. Act No. 32 of 2002 on Broadcasting (State Gazette of the
Republic of Indonesia Year 2002 No. 139, Supplement to State
Gazette of the Republic of Indonesia No. 4252);
4. Act No. 39 Year 2008 concerning The Ministry of State (State
Gazette Indonesia Year 2008 No. 166, Supplement to The State
Gazette of the Republic of Indonesia No. 4916);
5. Act No. 52 of 2000 on Provision of Telecommunication (State
Gazette Republic of Indonesia Year 2000 No. 107, Supplement
to State Gazette of the Republic of Indonesia No. 3980);
6. Act No. 53 of 2000 on Radio Frequency Spectrum and Satellite
Orbit (State Gazette of the Republic of Indonesia Year 2000 No.
108, Supplement to State Gazette of the Republic of Indonesia
No. 3981);
7. Act No. 7 of 2009 on Types and tariffs of state revenues Tax
Applicable in the Ministry of Communications and Informatics
(State Gazette of the Republic of Indonesia Year 2009 No. 20,
Supplement to State Gazette of The Republic of Indonesia No.
4974), as amended by Government Act No. 76 of 2010 on
Amendment to Government Act No. 7 of 2009 regarding Type
and Tariff of Non-Tax Revenues Applicable in Ministry of
Communications and Information Technology (Gazette The
Republic of Indonesia of 2010 No. 135, Gazette of the Republic
of Indonesia No. 5171);
8. Act No. 29 of 2009 on Procedures for the Determination of Total
Payment and Depositing the Outstanding Non Tax Revenue
(State Gazette of the Republic of Indonesia No. 58 of 2009,
Supplement to State Gazette of the Republic of Indonesia No.
4995);
9. Act of the Minister of Communication and Informatics
Technology No. 25 of 2014 on Indonesia Radio Frequency
Spectrum Allocation Table;
10. Act of the Minister of Communication and Informatics No.
33/PER/M.KOMINFO/08/2009 on Amateur Radio Operation;
11. Minister of Communication and Informatics No.
34/PER/M.KOMINFO/08/2009 on Operation Communication
Between Residents;
12. Act of the Minister of Communication and Informatics No.
17/PER/M.KOMINFO/10/2010 on the organization and
Administration of the Ministry of Communications and
Informatics;
13. Act of the Minister of Communication and Informatics No. 02
Year 2012 on Certification of Operator Radio Skills;

DECIDE:

To Stipulate: ACT OF THE MINISTER OF COMMUNICATION AND


INFORMATICS OPERATIONAL PROVISIONS AND
LICENSING PROCEDURES FOR THE UTILIZATION OF
RADIO FREQUENCY SPECTRUM.
CHAPTER I
GENERAL REQUIREMENTS

Article 1

Hereinafter referred to as:

1. Telecommunications is transmitting and receiving of information


in the form of signs, signals, writing, images, sounds, and sounds
by wire, optical, radio, or system and other electromagnetic
system.
2. Broadcasting is activities by means of transmitting and/or means
of transmission on land, at sea or in space by using radio
frequency spectrum through the air, cable, and/or other media to
be received simultaneously by receiver on the receiving device.
3. The radio transmitter is a telecommunications device that utilize
and transmit radio waves.
4. Signal Identification is an identity in the form of a call sign, or
consists of one or more name of station, location of station, the
user name (operating agency), official registration mark,
flight identification number, characteristic of
signal, characteristic of emission, or other feature that have been
internationally recognized.
5. Technical analysis is the evaluation on technical parameter of
radio frequency spectrum to ensure the determined radio
frequency spectrum is suitable with the designation and not to
cause a harmful interference.
6. Radio Frequency Allocation is the arrangement of certain
frequency bands in the frequency allocation table to be use by
one or more terrestrial, space, or astronomy radio communication
services based on specific requirements. The Allocation term
also applies to further arrangement of the Frequency Band for
each kind of Service.
7. The Radio Frequency Band is part of the radio frequency
spectrum with specific width.
8. Radio Frequency Channel is part of the Radio Frequency Band
that allocate to the Radio Station.
9. The Assignment of Radio Frequency Band or Radio Frequency
Channel is given by General Director on behalf of the Minister,
for a radio station to utilize a radio frequency band or channel
under specific requirements.
10. Radio Station License for utilization of radio frequency spectrum
in the form of radio frequency band hereinafter called Radio
Frequency Band License (IPFR-Izin Pita Frekuensi Radio) is the
license to utilize the radio frequency spectrum in the form of
radio frequency spectrum band under specific requirements.
11. Radio Station License for utilization of radio frequency spectrum
in the form of radio frequency channel hereinafter called Radio
Station License (ISR-Izin Stasiun Radio) is a license to utilize the
radio frequency spectrum in the form of radio frequency channels
under specific requirements.
12. Class License is a license that granted to individuals and/or legal
entities to operate a telecommunication equipment using a radio
frequency spectrum shall meet the technical provisions.
13. Radio Station is one or multiple transmitter and receiver device
or a combination of both including tools equipment needed in
one location to organize a radio communication.
14. Cost of Radio Frequency Utilization hereinafter called BHP
(Biaya Hak Penggunaan) is a liability to be paid by every user.
15. Technology-Neutral is the utilization of technology is not limited
to the use of specific technology and can keep up with technology
development for similar types of service utilization.
16. Online License Application is the Internet-based application
system.
17. ITU is abbreviation for The International Telecommunication
Union.
18. Minister is the Minister that duties and responsibilities is
handling National telecommunication issue.
19. General Director is the General Director of Post Resources and
Informatics.
20. The Directorate-General is the Directorate General of Resources,
Post and Informatics.

CHAPTER II
OPERATIONAL PROVISION FOR THE UTILIZATION OF RADIO
FREQUENCY SPECTRUM

Part One
General

Article 2

(1) Any use of radio frequency spectrum required license of radio


frequency spectrum.
(2) The license referred to paragraph (1) shall be in accordance with
the designation of radio frequency spectrum and does not
interfere with each other.
(3) The allotment of radio frequency spectrum as referred to
paragraph (2) stated in the allocation table of Indonesia radio
frequency spectrum.
(4) National radio frequency spectrum allocation table as referred
to paragraph (3) validated by Minister Regulation.

Article 3

It is compulsory for each radio frequency spectrum users to use only


tool and telecommunication devices that have been certified in
accordance the provisions of the legislation.

Part Two
Radio Frequency Spectrum Utilization

Article 4

(1) Every radio frequency spectrum transmission for:


a. amateur service;
b. broadcasting service;
c. maritime service;
d. air service;
e. frequency and standard time service;
f. fix radio station with frequency below 28 000 kHz;
g. Radio Communication Inter-Population;
h. radio beacon; or
i. Emergency Position-Indicating Radio Beacons (EPIRBs)
satellite that operates in radio frequency bands 406-406,1
MHz, radio frequency band 1645,5-1646,5 MHz,
or Emergency Position-Indicating Radio Beacons (EPIRBs)
with selective digital calling techniques,
should be identifiable through the signal identification.
(2) Every radio frequency spectrum transmission is prohibited in
using false or misleading radio signal or station identity.
(3) The provisions referred to paragraph (1) does not applies to:
a. lifeboat station during emitting of an automatic emergency
signal;
b. EPIRBs other than those referred to paragraph (1) h.
(4) Identification signal and radio stations identity as referred to
paragraph (1) shall be transmitted periodically.
Article 5

(1) Each radio frequency spectrum transmission station:


a. Broadcasting;
b. Amateur Radio;
c. KRAP (Radio Inter-Population Indonesia; is an organization
of social non-profit in Indonesia that consists of device users
radio communication)
d. Microwave link;
e. Base Transceiver Station (BTS);
f. Repeater station; and
g. Earth station
must be recognizable with identification mark.
(2) Identification mark as referred to paragraph (1), at least contains
following information:
a. the name of the licensee of the frequency spectrum radio or
Client Number; and
b. license number of the radio frequency spectrum.
(3) Identification mark as referred to paragraph (2) must be placed
at transmitter station on a convenient location, visible and
recognizable.

Part Three
License types of Radio Frequency Spectrum

Article 6

(1) License to Utilize a Radio Frequency Spectrum, as referred to


Article 2 paragraph (1) included:
a. License of Radio Frequency Band (IPFR-Izin Pita Frekuensi
Radio);
b. Radio Station License (ISR-Izin Stasiun Radio); and
c. Class license.
(2) IPFR referred to paragraph (1) letter a issued by the Minister.
(3) ISR referred to paragraph (1) letter b issued by the General
Director.
(4) Class License referred to paragraph (1) letter c determined by
Minister regulation.

Article 7
License type of radio frequency spectrum referred to paragraph (1)
is apply to the certain range of radio frequencies set by other
Minister Regulation considering:
a. Characteristics of the use of radio frequency spectrum band;
b. Technology maturity;
c. The economic value of the radio frequency spectrum.

Article 8

(1) Other than the License types of radio frequency spectrum


utilization as referred to Article 6 paragraph (1), frequency radio
spectrum utilization on telecommunications management for
private purpose must be operated by radio operators which has:
a. Certificate of Authority for Radio Electronics and/or Radio
Operator (REOR) for Maritime/Shipping service;
b. Radio Operator's Skills Certificate for inland mobile service;
c. Radio Amateur License (IAR-Izin Amatir Radio) for radio
amateur service; or
d. Inter-Population Communication License (IKRAP-Izin
Komunikasi Radio Antar Penduduk) for radio
communications inter-population.
(2) Certificate of Authority, Certificate of Proficiency and Licenses
as referred to paragraph (1) letter a letter b, c and d, issued by
the General Director.
(3) Further provisions of the procedures and requirements for
certificate issuance referred to paragraph (2) regulated by the
Minister Regulation.

Part Four
Effective Period of Radio Frequency Spectrum License

Article 9

(1) The effective period for IPFR as referred to Article 6 paragraph


(1) letter a for 10 (ten) years and may be extended for 1 (one)
time during the 10 (ten) years.
(2) The effective period of ISR as referred to Article 6 paragraph
(1) letter b for 5 (five) years and may be extended for 1 (one) for
5 (five) years.
(3) The effective period of the radio frequency spectrum utilization
under Class License category will be ended with the revocation
of Minister Regulation referred to Article 6 paragraph (4).
CHAPTER III
LICENSING PROCEDURES FOR RADIO FREQUENCY SPEKTRUM

Part One
License for Radio Frequency Band

Article 10

IPFR as referred to Article 6 paragraph (1) letter a given for radio


frequency utilization under provisions bellow:
a. using a radio frequency band which has been validated;
b. radio frequency band that validated include with guard band
purposes; and
c. meet the spectrum emission mask.

Article 11

(1) IPFR as referred to Article 6 paragraph (1) letter a published by:


a. selection mechanism; or
b. ISR changes into IPFR.
(2) The selection mechanism referred to paragraph (1) preceded by
the government announcement of business opportunities and
selection procedures regulated by Ministerial Regulation.
(3) The changes of ISR become IPFR as referred to paragraph (1)
letter b applies to change ISR become IPFR on the same radio
frequency band.
(4) The changes of ISR become IPFR as referred to paragraph (4)
shall be conducted by at least considering:
a. simplification of licensing procedure;
b. maximizing the utility of radio frequency spectrum; and
c. the economic value of the radio frequency spectrum.
(5) Every radio frequency band published with selection
mechanism as referred to paragraph (1) letter a cannot threated
with another publishing mechanism.
(6) in terms of IPFR published with the mechanism as referred to
paragraph (4) and still have available radio frequency band
remaining, the next issuance will be held with selection
mechanism.
(7) Further provisions regarding the procedure and requirement for
IPFR as referred to paragraph (1) shall be determined by
Minister Regulation.
Article 12

(1) IPFR holder must reporting every IPFRs Base Transceiver


Station built and operated in every 6 (six) months to the General
Director.
(2) Report as referred to paragraph (1) shall at least include:
a. radio station address;
b. coordinate of radio station;
c. the height of the antenna above the sea level;
d. brand and type of transmitter device and/or receiver;
e. EIRP (Effective Isotropically Radiated Power);
f. technical specifications of the antenna; and
g. radio frequency of the transmitter and/or receiver.

Article 13

(1) The application to get IPFR should submitted for IPFR that
published under selection mechanism.
(2) The application referred to paragraph (1) submitted by the
applicant after the Minister issued a business opportunities
announcement for radio frequency band.
(3) Requirements to apply for IPFR as referred to paragraph (1)
determined by the Minister.

Article 14

(1) Request to extent the effective period of IPFR as referred to


Article 9 paragraph (1) shall be submitted by holders at least 6
(six) months before effective period of the license expired.
(2) If the request for an extension (IPFR) submitted in less than a
period as referred to paragraph (1), the request will be rejected.
(3) The extension of the effective period referred to paragraph (1)
determined based on the evaluation, at least considering criteria
as bellow:
a. National plan for the utilization of radio frequency spectrum;
b. compliance on payment obligation of radio frequency
utilization;
c. compliance on reporting obligation of base transceiver
station.

Article 15

IPFR extension request as referred to Article 13 shall be submitted


to the Minister by attaching the following requirements:
a. a copy of the last change in certificate of incorporation include
with endorsement from the Ministry of Justice and Human
Rights;
b. a copy of telecommunications network provider license; and
c. copies of IPFR that approved on every year.

Article 16

IPFR Holders that passed the IPFRs extension limit could apply
for new IPFR.

Article 17

(1) The effective period of IPFR may be terminated prior to the


effective period as referred to Article 9 paragraph (1) ends.
(2) The termination of the effective period as referred to paragraph
(1) shall be based on:
a. termination request by the licensee;
b. license revocation.
(3) Termination IPFR as referred to paragraph (2) not waive the
payment of Radio Frequency Spectrum Bill

Article 18

(1) IPFR termination application by holder as referred to Article 17


paragraph (2) letter a must be received by the Minister with a
copy to Director-General not later than 3 (three) months prior to
the due date of annual payment of the IPFR on the next year, by
attaching a copy of IPFR.
(2) IPFR holder that apply for termination as referred to paragraph
(1) may utilize the radio frequency spectrum until the annual
radio frequency spectrum payment time is due.
(3) If a termination request as referred to paragraph (1) has not been
validated until the expiry of the license or the due time for
annual payment had passed, then the termination request will
automatically approve.

Article 19

In case of the termination application is filed after the termination


IPFR exceeding the time referred to Article 18 paragraph (1), the
holder still has a liability to pay the Radio Frequency Spectrum Bill
for the next year.
Article 20

Termination request for IPFR as referred to Article 17 paragraph (2)


letter a made for termination of use of the entire bandwidth and
service area as listed in IPFR returned.

Article 21

(1) Reasons of termination for IPFR based on revocation as referred


to Article 17 paragraph (2) b:
a. the license of telecommunication network provider has been
revoked;
b. broadcast license have expired or revoked;
c. IPFR diverted without the written consent of the Minister;
d. not doing broadcasting operational activity for two (2)
consecutive years;
e. using IPFR not in accordance with the service and the type of
services allowed;
f. made a violation on the provisions of the technical
requirement in accordance of license allocation; or
g. violation on the annual payment of Radio Frequency
Spectrum in accordance of predetermined time.
(2) Revocation of the license referred to paragraph (1) letters a, b,
and c will be done without giving warning letter.
(3) Revocation of the license referred to paragraph (1) d, e, f, and g
will be preceded by 3 (three) warning letters issued with interval
warning 1 (one) letter per-month.

Article 22

(1) The IPFR holder can only make changes to the IPFR
administration data subject to approval from the Minister.
(2) Changes in the administration data referred to paragraph (1)
shall consist of:
a. Name of the legal entity of IPFR
b. Domicile of the legal entities of IPFR
(3) Changes in the administration data referred to paragraph (2)
does not change the effective period of IPFR.
(4) To get an approval from the Minister as referred to paragraph
(1), IPFR holder must submit a written application attached
with:
a. Amendment on corporate name and/or change of domicile of
a legal entity;
b. Copy of IPFR;
c. Copy of the Telecommunication Provider License that has
been revised with the new name and/or domicile of legal
entity.
(5) Approval or rejection of the application administrative data
changes and/or technical parameters on IPFR awarded based on
evaluation results.

The second part


Radio Station License (ISR-Izin Stasiun Radio)

Article 23

(1) ISR as referred to Article 6 paragraph (1) letter b is a license to


operate the transmitter and/or receiver device at specific radio
frequency channel with some technical parameters.
(2) The technical parameters referred to paragraph (1) are:
a. width of the band;
b. effective Isotropic Radiated Power (EIRP); and
c. emission class.

Article 24

(1) ISR, as referred to Article 23 paragraph (1) may be granted to:


a. Legal entity;
b. Government agencies;
c. Representatives of foreign countries; and
d. Individual.
(2) ISR referred to paragraph (1) shall be issued for activities, as
well as:
a. telecommunications networks;
b. special telecommunications operations;
c. broadcasting;
d. certain temporary activities;
e. maritime radio communications;
f. flight radio communications;
g. defence and security purposes.
(3) ISR for foreign countries representative, as referred to paragraph
(1) letter c is given based on reciprocity.
(4) ISR for individuals as referred to paragraph (1) d given only for
folk shipping communication purposes, and handy talky radio
communications.
(5) ISR for individuals referred to paragraph (4) is regulated by the
Minister.
Article 25

(1) ISR as referred to Article 24 is published through an evaluation


mechanism based on radio frequency spectrum channel
availability.
(2) Availability of radio frequency spectrum channel as referred to
paragraph (1) shall be the basis consideration on giving a
principle license of certain telecommunication network on
which the radio frequency spectrum required.

Article 26

ISR as referred to Article 24 paragraph (2) c issued through an


evaluation mechanism based on the availability of radio frequency
spectrum channel in the master plan of radio frequencies for
broadcasting purposes and or provisions of the broadcasting
business opportunities.

Article 27

(1) Certain temporary activities as referred to Article 24 paragraph


(2) d includes:
a. State activities;
b. research;
c. disaster management;
d. demo or trial of transmitter and/or receiver device; or
e. specific events.
(2) In case of the activities referred to paragraph (1) conducted by a
representatives of foreign countries in Indonesia, the application
for radio frequency utilization submitted by the Ministry of
Foreign Affair based on the reciprocity principle.
(3) The effective period of ISR granted for certain temporary
activities referred to paragraph (1) is 6 (six) months and may be
extended 1 (one) time during the six (6) months.

Article 28

ISR application can be submitted thru:


a. online, via the web site provided by the Directorate-General; or
b. offline, with a written letter or an integrated service centre of
Directorate-General;
c. machine to machine interface.
Article 29

(1) Application for ISR as referred to Article 24 shall attach the


following requirements:
a. application letter addressed to the General Director with the
same format as Annex I; and
b. completely fills in valid administrative/technical data as per
Annex II table as integral part of this Act.
(2) In addition to the requirements as referred to paragraph (1), a
request for more specific purposes as listed below shall attached
with the following requirements:
a. for telecommunication network provider purposes, shall
attached a copy of the principle license or consent principle
of telecommunications operations;
b. for broadcasting purpose, shall attached a copy of principle
broadcasting license or fix broadcasting license;
c. for maritime and flight communications purposes, shall
attached the recommendations from Government
Service/Agency for maritime and aviation;
d. for foreign country representative, shall attached a
recommendation letter from the Ministry of Foreign Affair.
(3) ISR Application for the purposes of organizing
telecommunications and broadcasting using Satellite, managed
with Minister Regulation.

Article 30

(1) Application to utilize the radio frequency for private


telecommunication activity on limited and/or point to point
radio communications systems, it is not necessary to attached a
principle license and/or a telecommunication operation license.
(2) A limited and/or point to point radio communication system as
referred to paragraph (1) is a two-ways communication system
that use for its own purposes by Legal Entities, Governments
Agencies/Service or individuals.

Article 31

(1) Application to use of radio frequency spectrum for the provision


of defence telecommunications shall submitted by the Minister
of Defence.
(2) Application to use of radio frequency spectrum for the provision
of Security Affair shall submitted by the Chief of National
Police of Indonesia (Kepolisian Republik Indonesia- POLRI).
(3) Radio frequency channels arrangement for defence and security
purposes as referred to paragraph (1) and (2) given through
Radio Frequency Establishment Letter by the General Director.

Article 32

(1) To be able to use the facility of online radio frequency licensing


service through a web application provided by the Directorate-
General referred to Article 28 letter a, the applicant and/or
License holders must first apply an application to obtain a
username and password.
(2) The application for obtaining a username and password referred
to paragraph (1) shall be submitted in writing to the General
Director and shall attached the following requirements:
a. Copies of:
1. The certificate of incorporation and probate from Ministry
of Justice & Human Rights;
2. Tax Registration Number (NPWP-Nomor Pokok Wajib
Pajak); or
3. A copy of the ISR for telecommunications network or
broadcasting for telecommunications or broadcasting
provider; and
b. Appointment letter for person in charge (PIC) signed by
Director or authorized officer based on the Article of the
Associations.
(3) Application to get username and password can also have
submitted through web application by uploading the scan copies
of requirements as referred to paragraph (2)
(4) Approval or rejection of an application
for username and password as referred to paragraph (2) and (3)
granted based on verification results.
(5) In case of documents submitted via web application referred to
paragraph (3) identified as not true, then:
a. an application to obtain a username and the password is
rejected; or
b. username and password that has been provided will be
cancelled.

Article 33

Offline ISR application as referred to Article 28 b, addressed to the


General Director by attaching required files as referred to Article 29.
Article 34

(1) For online application of ISR, all requirements as referred to


Article 29 paragraph (1) and (2) need to be scan and upload to
the web site provided by General Director.
(2) Online applicant of ISR should approved the disclaimer as the
requirements of the regulatory engagement.

Article 35

In addition to processing the online ISR applications, the


web application also provides others service for applicants and
license holders of radio frequency spectrum, among others:
a. accesses to the status or progress of licensing process;
b. download and print the details of the Radio Frequency
Spectrum Bill and penalty (if any);
c. download and print the radio frequency spectrum license; and
d. prints the ISR.

Article 36

(1) Licensing mechanism using machine interface (machine to


machine interface) as referred to Article 28 letter c is the
licensing system provided by Directorate-General that
connected with the radio frequency users system.
(2) Licensing mechanism using machine interface (machine to
machine interface) as referred to paragraph (1) is regulated with
the Minister regulation.

Article 37

(1) ISR for the activities referred to Article 24 paragraph (2) letters
a through d, will be published not later than 21 (twenty-one)
working day since ISR application as referred to Article 33 or
Article 34 is fully received by the General Director.
(2) ISR for the activities referred to Article 24 paragraph (2) letters
e and f, will be published at least Seven (7) working days after
all requirements as referred to Article 33 or Article 34 is fully
received by the General Director.
Article 38

(1) The extension of the effective period of ISR as referred to


Article 9 paragraph (2) shall submitted by the licensee no later
than ninety (90) days before the expiry of the license.
(2) If extension application for the ISR submitted less than the
period as referred to paragraph (1), the extension application
will be rejected.
(3) The extension of the effective period as referred in paragraph (1)
shall be determined based on the results of the evaluation.
(4) The extension evaluation for ISRs effective period as referred
to paragraph (3) at least on the following criteria:
a. National radio frequency allocation plan;
b. fulfilment of BHP payment obligation.

Article 39

(1) The effective period extension of ISR on activities as referred to


Article 24 paragraph (2) letter a-d, will be published in 3 (three)
working days after the extension application for effective period
is fully received by the General Director.
(2) The effective period extension of ISR on activities as referred to
Article 24 paragraph (2) letter e-f, will published in 5 (five)
working days after the extension application for effective period
is fully received by the General Director.

Article 40

(1) The holder of an expired ISR may apply for a new license.
(2) A new license application referred to paragraph (1) will be
prioritize as long as it meets the provisions of new license
issuance and the criteria as referred to Article 23, Article 24 and
Article 29.
(3) The process to get new ISR referred to paragraph (2) will be
completed by field and database evaluation mechanism.

Article 41

(1) The effective period of ISR can be terminated before the period
as referred to Article 9 paragraph (2) ended.
(2) The termination of the effective period as referred to paragraph
(1) shall be based on:
a. license termination request by the licensee; or
b. license revoked.
(3) Termination of ISR as referred to paragraph (2) not waive the
payment of Radio Frequency Spectrum bill.

Article 42

(1) An application to terminate the ISR license as referred to Article


41 paragraph (2) letter a must be submitted no later than 90
(ninety) calendar days before the due date for annual payment
of radio frequency spectrum (BHP).
(2) The license holders who has applied as referred to paragraph (1)
may still be using radio frequency spectrum up to expiry of the
spectrum radio frequency license or until annual payment due
date.
(3) When a request for ISR termination as referred to paragraph (1)
has not been validated until the license expired or the due date
for annual payment of the radio-frequency spectrum, then the
ISR termination request is automatically approved.

Article 43

In case the application is submitted after the ISR termination


exceeding the time as referred to Article 42 paragraph (1), the ISR
holder remain subject to the annual payment obligation for the next
year.

Article 44

(1) Termination of license based on the revocation as referred to


Article 41 (2) b taken because:
a. telecommunications provider license or broadcasting license
has expired or revoked;
b. the ISR handed over to others without any approval from
General Director;
c. not doing any transmitting activity for 1 (one) year;
d. violation on the provisions of the technical requirement of
the license and/or provisions of regulations; and/or
e. does not pay the annual radio Frequency Spectrum bill
(BHP) on predetermined time.
(2) Effective period termination as referred to paragraph (1) caused
by the letters b, c, d and/or e, especially for broadcaster, the
General Director will send ISR revocation recommendation to
the Minister to revoke the broadcasting license accordingly.
(3) Revocation of the license referred to paragraph (1) letters a, b,
and c will be done without giving warning letter.
(4) Revocation of license referred to paragraph (1) d, and e,
performed by issuing warning letters for three (3) times
successively with 30 (thirty) calendar days interval.

Article 45

(1) The license holder of Radio Frequency Spectrum can make a


revision to administrative data and/or technical parameters of
the ISR upon approval of the General Director.
(2) Revision on the ISR data as referred to Paragraph (1) consist of:
a. administrative data license changes include:
1. The name of the legal entity of ISR holder
2. The name of the owners of ISR holder
3. The domicile of ISR holder
b. technical parameters permit data changes include:
1. The change in location or coordinates point;
2. The change in the transmit power; and/or
3. The change in bandwidth.
(3) The revision referred to paragraph (1) does not include the
changes on the address of Radio Station within the region that
has been initially set up for the License Holders of Radio
Frequency Spectrum under Broadcasting Service.
(4) Revision on administrative data and technical parameter as
referred to paragraph (2) does not change the effective period.
(5) Revision on the technical parameter data as referred to
paragraph (2) b could affecting the amount of Annual bill for
Radio Frequency Spectrum.

Article 46

(1) Revision on the technical parameter data should be submitted no


later than 90 (ninety) days before the due date of annual
payment.
(2) If the application for technical parameters data change
submitted less than a period as referred to paragraph (1), the
application for data changes will be rejected.
(3) To get an approval from General Director as referred to Article
45 paragraph (1), ISR holder must submit a written request by
attaching at least:
a. for administration data revision:
1. copy of the legal entity name amendment and/or change
on legal entity domicile;
2. copy of the ISR; and
3. copy of telecommunication provider license or broadcast
license that in line with legal entity name and/or domicile
change.
b. for technical parameters data revision:
1. copy of the ISR; and
2. related technical parameters data to be revised.
(4) Approval or rejection of the changes in administrative and/or
technical parameters data is given based on the results of the
evaluation.
(5) An approval of the administration data change will be sent
through approval letters from Director-General, which is
inseparable part from original ISR until the revised version of
ISR taken place.

Article 47

(1) Radio frequency with new technical parameter data can only be
utilized after the revised ISR got issued complete with new
technical parameter data.
(2) ISR with new technical parameter data as referred to paragraph
(1) shall be issued in accordance with a payment period of radio
frequency (BHP) on the next year.

Part Three
Class License

Article 48

(1) Class License as referred to Article 6 paragraph (1) c given to


the radio frequency user with condition bellow:
a. used together;
b. no protection; and
c. complies with the technical provisions from the Minister
Regulation.
(2) Class License as referred to paragraph (1) will be issued for the
use of telecommunication tools and equipment as bellow:
a. transmitter power less than 10 mW;
b. operates on a radio frequency band 2400-2483,5 MHz, 5725-
5825 MHz; or
c. categorized as the short range devices (SRD).
(3) Radio frequency band utilization under the Class License beside
of radio frequency band as referred to paragraph (2) letter b,
manage with Minister Regulation.

Part Four
International Coordination and Recording to Radio Frequency
(International Telecommunication Union)

Article 49

(1) For each radio station and satellite orbit that need to be
registered and/or listed on the International
Telecommunications Union/ITU, the General Director will
register, coordinate with, and send notification to the Radio
Communications Bureau at the International
Telecommunication Union/ITU.
(2) Registration and/or listing as referred to paragraph (1) is to get
international recognition and protection.
(3) If radio station was located at state border areas and/or the
transmission distance could reach other countries and
potentially causing harmful interference, the registration and the
listing will be held after coordination with other countries had
completely done.
(4) coordination as referred to paragraph (3) carried out by the
General Director.

Part Five
Reallocation

Article 50

(1) Reallocation of radio frequency must be taken shall there is a


change in National radio frequency spectrum plan.
(2) Shall the reallocation of radio frequencies as referred to
paragraph (1) taken, the Minister will notify the reallocation
plan to Existing radio frequency band user by no later than 2
(two) years prior to the effective date of the reallocation.
(3) If the existing radio frequency user as referred to paragraph (2)
still have more than 2 (two) years effective period of the radio
frequency after the notification, the user subject to reallocation
can provided with a replacement of radio frequency allocation if
they are still available.
(4) The reallocation of radio frequency as referred to Paragraph (3)
is at same service allotment of radio frequency.
(5) If the existing radio frequency users as referred to paragraph (2)
have less than 2 (two) years effective period of the radio
frequency after the notification, the users will not get a new
radio frequency allocation and not allowed to renew the license
to use the radio frequencies.

CHAPTER IV
COST OF RADIO FREQUENCY SPECTRUM

Part One
The Payment of Radio Frequency Bill (BHP)

Article 51

Each IPFR and ISR holder as referred to Article 6, paragraph (1)


letter a and letter b must pay in advance the annual Radio Frequency
bill (BHP) as per the regulation.

Article 52

Payment of BHP implemented through the bank under host to host


payment gateway.

Part Two
Annual bill for IPFR

Article 53

(1) The bill for IPFR as referred to Article 51 set through:


a. selection mechanism, with taking account on fairness and the
buying power of the people;
b. adjustment mechanism for the selection results of radio
frequency spectrum utilization in the same radio frequency
band; or
c. formulation mechanism;
(2) The amount of Radio Frequency Spectrum bill for IPFR
determined through the selection mechanism referred to
paragraph (1) letter a consist of:
a. initial license bill (upfront fee); and/or
b. annual IPFR bill.
(3) The amount of Radio Frequency Spectrum bill for IPFR
established through the adjustment mechanism of selection
results for radio frequency spectrum utilization in the same radio
frequency band as referred to paragraph (1) letter b considering
Bank Indonesias Rate or economic value of the radio frequency
spectrum.
(4) The amount of Radio Frequency Spectrum bill for IPFR that
established through formulation mechanism using a formula as
referred to paragraph (1) letter c in the form of IPFR annual fees.

Part Three
Bank guarantee

Article 54

(1) The holder might be subject to liability to submit a Surety Bond


in the form of Bank Guarantee to the General Director in every
year.
(2) Further provisions on the commitment guarantee of IPFR annual
payments (surety bond) set by Minister Regulation.

Part Four
Annual bill for ISR

Article 55

The bill for Radio Frequency Utilization for ISR as referred to


Article 51 set by formula in accordance with the regulations.

Article 56

The annual bill for Temporary Radio Frequency Spectrum


Utilization for ISR activities as referred to Article 27 paragraph (3)
shall be calculated with the following conditions:
a. for radio frequency spectrum utilization for period of up to one
(1) month, the charged Rates 1/3 (one third) of one (1) year
Radio Frequency Spectrum bill;
b. for radio frequency spectrum utilization for period of more than
1 (one) month up to 3 (Three) months will be charged at 1/2 (one
half) of 1 (one) year Radio Frequency Spectrum bill; and
c. for the use of radio frequency spectrum for a period of more than
3 (three) months subject to 1 (one) year Radio Frequency
Spectrum bill.
Article 57

(1) The user of radio frequency spectrum which has more than 1
(one) ISR license, could apply a same schedule of payment to
the General Director.
(2) Same schedule of payment as referred to Paragraph (1) will not
change the total payment due.
(3) Same schedule of payment as referred to Paragraph (1) will be
applied at the end of the month.
(4) Applications to get Same schedule of payment as referred to
Paragraph (1) shall be submitted no later than 120 (one hundred
twenty) days before the due time.

Article 58

Further provisions on the implementation of the annual bill of Radio


Frequency Spectrum as referred to Article 53, Article 54 and Article
55 set by Minister Regulation.

Article 59

(1) The payment obligation as referred to Article 51 does not apply


to radio frequency spectrum user below:
a. research conducted by Government Agencies and/or other
domestic educational institutions and training;
b. activities of State visit;
c. emergency response team for natural disaster, humanitarian
assistance and/or life safety and property protection.
(2) The provisions referred to paragraph (1) applies for a maximum
period of 1 (one) year.

Part Five
The bill of Radio Frequency Utilization

Article 60

(1) For each new ISR approval as referred to Article 6 paragraph (1)
letter a and b will be attached with annual bill of Radio
Frequency Spectrum Utilization (SPP-Surat Pemberitahuan
Pembayaran).
(2) The payment term of the annual bill (SPP) of Radio Frequency
Spectrum as referred to paragraph (1) is 30 (thirty) calendar days
from the date of issuance.
(3) If no payment has made within the time limit as referred to
paragraph (2), then approval referred to paragraph (1) shall be
declared null and not applicable.

Article 61

(1) For the second year and thereafter until the expiry of the IPFR
or ISR payment, the payment details for the annual bill will be
published.
(2) The payment details for annual bill as referred to paragraph (1)
could be access through the electronic licensing facilities at the
latest Sixty (60) calendar days before due date.

Part six
Endorsement for Annual Payment
Radio Frequency Spectrum

Article 62

(1) As a proof of the annual payment of IPFR, Directorate-General


will provide a validation of IPFR payment during the effective
period.
(2) As a proof of the annual payment of ISR, Directorate-General
will issue ISR for each year during the effective period of ISR.

Part Seven
Sanctions Related to Payment of Radio Frequency Bill

Article 63

(1) For each ISR or IPFR holder referred to Article 6 paragraph (1)
letter a and b who fail to make a full payment before due date
will be subject to administrative sanctions in the form of:
a. penalty;
b. operational suspension; and/or
c. license revocation.
(2) the due date for IPFR or ISR payment for the second year and
following years as referred to paragraph (1) is 1 (one) day before
the initial date of effective period as stated in IPFR or ISR.
(3) if the due date for payment as referred to paragraph (2) falls on
weekend or public holiday, the due date will be shifted to 1 (one)
day before the holiday or weekend.
Article 64

Penalties as referred to Article 63 paragraph (1) letter a is


implemented in accordance to the provisions of regulation.

Article 65

If the IPFR holder does not pay off annual payment of IPFR after
warning letter issued three (3) times as referred to Article 21
paragraph (3), the IPFR holder will be prohibited to utilize the
unpaid radio frequency band.

Article 66

(1) IPFR revoked after IPFR holders are given three (3) time
warning letter referred to Article 21 paragraph (3) and holders
also has not pay off the annual IPFR bill until the 24th (twenty-
fourth) month from the due date.
(2) ISR revoked thirty (30) calendar days after ISR holders are
given three (3) times warning letter as referred to Article 40
paragraph (3) and ISR holder also has not pay annual ISR.
(3) Revocation of the license as referred to paragraph (1) and (2)
does not remove the obligation to pay the annual radio frequency
bill and penalties for delay on payment.

CHAPTER V
MONITORING AND CONTROL

Article 67

General Director do the supervision and control over


implementation of this regulation.

CHAPTER VI
TRANSITIONAL PROVISIONS

Article 68

Request for extension or termination of the license to use radio


frequency spectrum that submitted before This Ministers
Regulation applies can be processed as if it correspond with
regulation of the Minister of Communications and Information
Technology No.17/PER/M.KOMINFO/10/2005 concerning
Licensing Procedures and Operating Conditions of Radio Frequency
Spectrum Utilization.

Article 69

License to Use Radio Frequency Band Previously was called Radio


Frequency Spectrum Band License (IPSFR), henceforward called as
Radio Frequency Band License (IPFR), referred to this Act.

CHAPTER VII
CLOSING

Article 70

At the time this regulation becomes effective, the Act of Minister of


Communication and Informatics No.
17/PER/M.KOMINFO/10/2005 regarding Licensing and Operating
Procedure for Radio Frequency Spectrum, and the Act of the
Minister of Communication and Informatics
No.23/PER/M.KOMINFO/12/2010 regarding the amendment of
Regulation of the Minister of Communication and Informatics
No.17/PER/M.KOMINFO/10/2005 regarding Licensing and
Operating Procedure for Radio Frequency Spectrum revoked and
declared invalid.

Article 71

This Act shall be effective after its promulgation. For the cognizant
of the public, orders the promulgation of this act by having it place
on the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on 6 February, 2015

MINISTER OF COMMUNICATION AND INFORMATICS


REPUBLIC OF INDONESIA,

Signed.

RUDIANTARA

Promulgated in Jakarta
on February 6, 2015

MINISTER OF LAW AND HUMAN RIGHTS


REPUBLIC OF INDONESIA,

Signed.

YASONNA H. LAOLY
NEWS OF THE REPUBLIC OF INDONESIA YEAR 2015 NO. 208
ANNEX I
MINISTER OF COMMUNICATION AND INFORMATICS
REPUBLIC OF INDONESIA ACT NO. 4 2015
OPERATIONAL PROVISIONS AND LICENSING PROCEDURES FOR
THE UTILIZATION OF RADIO FREQUENCY SPECTRUM

APPLICATION FOR RADIO STATION LICENSE FORMAT


Letter Head

Number : (Letter Number)


Subject : Permohonan Izin Stasiun Radio
Attachment : 1 (One) bundle

To
Direktur Jenderal Sumber Daya dan Perangkat Pos dan Informatika
cq. Direktur Operasi Sumber Daya
Gedung Menara Merdeka Lt. 11
Jl. Budi Kemuliaan I No. 2 Jakarta 10110

The undersigned bellow,


Name : ................................
Position : ................................
Address : ................................
Phone/Mobile : ................................ email: ................................
On behalf of PT .............................., herewith applying request of Radio Station License (ISR) for .... EA Radio
Station with details as attached.

Person in Charge (PIC) for technical coordination is:


Name : ................................
Position : ................................
Phone/Mobile : ................................ email: ................................

Herewith we declare that:


1. All information submitted for this application is TRUE;
2. Wholly agree and able to follow the radio frequency spectrum regulation; and
3. Able to pay all liability related to the utilization of Radio Frequency Spectrum in line with the regulation.

Shall we have any changes on Person in Charge (PIC), administration and technical parameter, we will inform
it to Direktur Jenderal Sumber Daya dan Perangkat Pos dan Informatika cq. Direktur Operasi Sumber Daya.

Thank you for your kind attention,

Jakarta...(date-month-year)
Request by,
- Signature
- Stamp
- Seal

MINISTER OF COMMUNICATION AND


INFORMATICS REPUBLIC OF INDONESIA,

signed

RUDIANTARA
ANNEX II
MINISTER OF COMMUNICATION AND INFORMATICS
REPUBLIC OF INDONESIA ACT NO. 4 2015
OPERATIONAL PROVISIONS AND LICENSING PROCEDURES FOR
THE UTILIZATION OF RADIO FREQUENCY SPECTRUM

ADMINISTRATION AND TECHNICAL INFORMATION REQUIREMENTS FOR RADIO STATION


LICENSE APPLICATION

Fix &
Broad
Inland Marine Flight Satellite
No Requirements Casting
Mobile Service Service Service
Service
Service
1. Application letter to head of General Director

SDPPI cq. Director of Operation Resources
2. Copy of legal standing and endorsement from
-
Ministry of Justice and Human Rights
3. Copy of Tax Registration Number (NPWP)
4. Radio Station License Application Form that

completely filled in
5. Communication network configuration drawing and
technical data sheet of radio communication that
will be used
6. Copies:
- Principle Legal Standing for telecommunication
operator
- -
- Principle Legal Standing for broadcasting
operator
-
7. Copy of Letter of Business Permit (SIUP) - - -
8. Copy of Grosse Act and Certificate of Tonnage and
- - - -
Measurement
9. Copy of registration allocation letter - - - -
10. Copies of radio communication certificates -
11. Copy of Landing Right when using foreign satellite - - - -
12. Recommendation letter from Ministry of
- - -
Transportation
13. Recommendation letter from Ministry of Foreign
Affair for Foreign Diplomatic Consular

MINISTER COMMUNICATION AND INFORMATICS


REPUBLIC OF INDONESIA,

signed

RUDIANTARA