Đấu giá

"Article 11, 12, Radio Law: “Article 11 (Assignment of Radio Frequencies for Consideration) (1) The Minister of Science, ICT and Future Planning may assign, for consideration, any radio frequencies publicly notified under Article 10 (1) or (2) through price competition: Provided, That he/she may assign the radio frequencies for consideration calculated pursuant to the latter part of paragraph (3), when exceptional circumstances are deemed to exist, such as lack of competitive demand for the relevant radio frequencies: 1. through 3. Deleted. (2) Where the Minister of Science, ICT and Future Planning assigns radio frequencies pursuant to the main sentence of paragraph (1), he/she may determine a minimum acceptable price, below which no one can be assigned radio frequencies (hereinafter referred to as ""reserve price""). (3) Where the Minister of Science, ICT and Future Planning assigns radio frequencies pursuant to the proviso to paragraph (1), he/she may do so by examining the matters referred to in the subparagraphs of Article 12 and the impacts that the relevant assignment of radio frequencies may have on the key communications business or satellite networks protection, etc. (limited to cases of assigning satellite radio frequencies). In such cases, the price for assignment of radio frequencies shall be computed by considering the economic value of radio frequencies, such as the turnover expected from the business for which the radio frequencies are assigned, and radio frequencies and bandwidth subject to the assignment. (4) The Minister of Science, ICT and Future Planning may require a person applying for assignment of radio frequencies pursuant to Article 10 (3) to pay a security deposit as classified in the following at the time he/she applies for the assignment of radio frequencies: 1. When assigning radio frequencies pursuant to the main sentence of paragraph (1) (limited to where a reserve price has been set): the value of a security deposit prescribed by Presidential Decree up to 10/100 of the reserve price; 2. When assigning radio frequencies pursuant to the proviso to paragraph (1):　the value of a security deposit prescribed by Presidential Decree up to 10/100 of the price for assignment of radio frequencies under the latter part of paragraph (3). (5) The Minister of Science, ICT and Future Planning shall transfer a security deposit paid under paragraph (4) to the revenue of the Broadcasting Communications Development Fund or the Information and Communications Promotion Fund if the person who has applied for assignment of radio frequencies withdraws his/her application after the relevant application period for the assignment, returns the assigned radio frequencies without using them or engages in price competition by collusion or other improper means. (6) The price for assignment of radio frequencies paid by any person who has been assigned radio frequencies under paragraph (1) shall be the revenue of the Broadcasting Communications Development Fund and the Information and Communications Promotion Fund. (7) Necessary matters concerning the methods of computing the price for assignment of radio frequencies, the collection procedures, the methods of determining the reserve price and the distribution of revenues under paragraphs (5) and (6) shall be prescribed by Presidential Decree. Article 12 (Assignment of Radio Frequencies through Beauty Contest) With respect to the radio frequencies publicly notified in accordance with Article 10 (1) or (2), the Minister of Science, ICT and Future Planning shall, where it does not assign the radio frequencies, as prescribed in Article 11, assign such radio frequencies after beauty contest falling under the following subparagraphs: 1. The efficiency of the use of spectrum resources; 2. The applicant's financial capability; 3. The applicant's technical capability; 4. Characteristics of radio frequencies to be assigned or other matters necessary for the use of radio frequencies. "

Thi tuyển

"Article 11, 12, Radio Law: “Article 11 (Assignment of Radio Frequencies for Consideration) (1) The Minister of Science, ICT and Future Planning may assign, for consideration, any radio frequencies publicly notified under Article 10 (1) or (2) through price competition: Provided, That he/she may assign the radio frequencies for consideration calculated pursuant to the latter part of paragraph (3), when exceptional circumstances are deemed to exist, such as lack of competitive demand for the relevant radio frequencies: 1. through 3. Deleted. (2) Where the Minister of Science, ICT and Future Planning assigns radio frequencies pursuant to the main sentence of paragraph (1), he/she may determine a minimum acceptable price, below which no one can be assigned radio frequencies (hereinafter referred to as ""reserve price""). (3) Where the Minister of Science, ICT and Future Planning assigns radio frequencies pursuant to the proviso to paragraph (1), he/she may do so by examining the matters referred to in the subparagraphs of Article 12 and the impacts that the relevant assignment of radio frequencies may have on the key communications business or satellite networks protection, etc. (limited to cases of assigning satellite radio frequencies). In such cases, the price for assignment of radio frequencies shall be computed by considering the economic value of radio frequencies, such as the turnover expected from the business for which the radio frequencies are assigned, and radio frequencies and bandwidth subject to the assignment. (4) The Minister of Science, ICT and Future Planning may require a person applying for assignment of radio frequencies pursuant to Article 10 (3) to pay a security deposit as classified in the following at the time he/she applies for the assignment of radio frequencies: 1. When assigning radio frequencies pursuant to the main sentence of paragraph (1) (limited to where a reserve price has been set): the value of a security deposit prescribed by Presidential Decree up to 10/100 of the reserve price; 2. When assigning radio frequencies pursuant to the proviso to paragraph (1):　the value of a security deposit prescribed by Presidential Decree up to 10/100 of the price for assignment of radio frequencies under the latter part of paragraph (3). (5) The Minister of Science, ICT and Future Planning shall transfer a security deposit paid under paragraph (4) to the revenue of the Broadcasting Communications Development Fund or the Information and Communications Promotion Fund if the person who has applied for assignment of radio frequencies withdraws his/her application after the relevant application period for the assignment, returns the assigned radio frequencies without using them or engages in price competition by collusion or other improper means. (6) The price for assignment of radio frequencies paid by any person who has been assigned radio frequencies under paragraph (1) shall be the revenue of the Broadcasting Communications Development Fund and the Information and Communications Promotion Fund. (7) Necessary matters concerning the methods of computing the price for assignment of radio frequencies, the collection procedures, the methods of determining the reserve price and the distribution of revenues under paragraphs (5) and (6) shall be prescribed by Presidential Decree. Article 12 (Assignment of Radio Frequencies through Beauty Contest) With respect to the radio frequencies publicly notified in accordance with Article 10 (1) or (2), the Minister of Science, ICT and Future Planning shall, where it does not assign the radio frequencies, as prescribed in Article 11, assign such radio frequencies after beauty contest falling under the following subparagraphs: 1. The efficiency of the use of spectrum resources; 2. The applicant's financial capability; 3. The applicant's technical capability; 4. Characteristics of radio frequencies to be assigned or other matters necessary for the use of radio frequencies. "

Cấp lại

"Article 15 (Period for Use of Assigned Radio Frequencies) (1) The Minister of Science, ICT and Future Planning shall determine a use period within the scope of 20 years for the radio frequencies assigned under Article 11, and within the scope of ten years for the radio frequencies assigned under Article 12, taking into account circumstances surrounding the use of radio frequencies. (2) The right to use an assigned radio frequency shall be extinguished when the use period under paragraph (1) has elapsed. (3) The use period of any radio frequency taken over pursuant to Article 14 (2) shall be the remainder of the use period under paragraph (1). Article 16 (Reassignment) (1) The Minister of Science, ICT and Future Planning may reassign the radio frequencies the use period of which expires to the relevant frequency user at the time of expiration of their use period: Provided, That the same shall not apply to any of the following cases: 1. Where the frequency user does not want such reassignment; 2. Where it is necessary to use the radio frequencies at issue for the purposes of national defense, public safety and the rescue of people in trouble; 3. Where the International Telecommunication Union has allocated the radio frequencies at issue for other services or usages; 4. Where the frequency user violates any condition under Article 10 (4). (2) Where the Minister of Science, ICT and Future Planning intends to make a reassignment under paragraph (1), he/she may have any interested parties submit their opinions. (3) Where the Minister of Science, ICT and Future Planning decides not to make any reassignment in the case of paragraph (1) 2 or 3, intends to reassign the radio frequencies which have been assigned pursuant to Article 12 for consideration under the proviso to Article 11 (1), or intends to attach any other new condition, he/she shall notify the user of such radio frequencies of such fact one year prior to the expiration of the use period. (4) Paragraphs (2) through (5) (excluding provisions governing cases where the radio frequencies are assigned for consideration through price competition) shall apply mutatis mutandis to reassignment in return for the price for assignment of radio frequencies under the proviso to Article 11 (1), and Article 12 shall apply mutatis mutandis to other cases. (5) In case of reassigning the radio frequencies, the conditions referred to in Article 10 (4) may be attached thereto. (6) Matters necessary for procedures, methods, etc. of reassignment under the provisions of paragraphs (1) through (5) shall be prescribed by Presidential Decree."

Giới hạn CAP

"RADIO WAVES ACT Article 10 (Assignment of Radio Frequencies) (1) Where the Minister of Science, ICT and Future Planning intends to assign radio frequencies, the use of which is determined for any of the following business to a particular person under Article 9, he/she shall publicly notify matters prescribed by Presidential Decree, such as the scope of persons who may apply for the assignment of radio frequencies, the purposes of assigned radio frequencies, technical modes, etc., in consideration of the impacts the relevant assignment of radio frequencies may have on the key communications business, etc. 1. The key communications business under Article 5 (2) of the Telecommunications Business Act; 2. The CATV broadcasting business under subparagraph 2 (b) of Article 2 of the Broadcasting Act or the signal transmission network business under subparagraph 13 of the same Article. "

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