Radio Station License, Telecommunications, and Broadcasting Entrepreneurs Required to Know
“The use of radio waves is the core of all activities or activities in the communication and information technology sector.”
A series of electromagnetic waves emitted by radio is very useful for receiving and transmitting various forms of information in the form of signals.
That is the simple definition of the radio frequency spectrum, which is mentioned in various laws and regulations related to telecommunications and broadcasting.
Business actors in the telecommunications and broadcasting sectors who wish to use the radio frequency spectrum in their business activities are required to obtain a license to use the radio frequency spectrum.
This obligation is regulated in various laws and regulations, namely Law Number 36 of 1999 concerning Telecommunications (Law Number 36 of 1999) and Law Number 32 of 2002 concerning Broadcasting (Law Number 32 of 2002).
This was later reaffirmed in Government Regulation Number 46 of 2021 concerning Post, Telecommunications, and Broadcasting (PP Number 46 of 2021) along with Minister of Communication and Informatics Regulation Number 7 of 2021 concerning the Use of the Radio Frequency Spectrum (Permenkominfo Number 7 of 2021).
There is more than one type of license to use a radio frequency spectrum which includes (Ministry of Communication and Informatics Regulation Number 7 of 2021 and the Official Website of the Directorate General of SDPPI of the Ministry of Communication and Informatics):
- Radio Frequency Band License (IPFR), namely license to use radio frequency spectrum in the form of the radio frequency band (example: frequency license for cellular service and FWA 2G/3G and Wireless Broadband (BWA) 2.3 GHz).
- Radio Station License (ISR), which is a license to use a radio frequency spectrum in the form of a radio frequency channel (for example: a frequency license for conventional radio, radio/television broadcasting services, and others).
- Class Permit, which is a license to use a radio frequency spectrum attached to telecommunications equipment that has met technical standards and is used based on certain requirements (example: a radio frequency band categorized as a class permit, including BWA 2.4 (2400 -2483.5 MHz), BWA 5.8 (5725 – 5825 MHz), and devices with a maximum transmit power of 10 mW).
This article will focus more on discussing the Radio Station License (ISR).
ISR as a Business Requirement to Support Business Activities (PB UMKU)
PB UMKU is a license required for business activities and/or products at the time of implementation of the operational and/or commercial stages.
Specifically in the postal, telecommunications, broadcasting, and electronic transaction and system sectors, Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing (PP Number 5 of 2021) places ISR as one of the PB UMKUs that are recommended for certain business activities.
Some examples of business activities that require ISR are classified in the following Indonesian Standard Classification of Business Fields (Attachment II for Post, Telecommunication, and Broadcasting Sector of PP Number 5 of 2021):
- KBLI 60102 – Radio Broadcasting by Private
- KBLI 60202 – Private Television Broadcasting and Programming Activities
- KBLI 61200 – Wireless Telecommunication Activities
- KBLI 61300 – Satellite Telecommunication Activities
Usage of ISR
Based on Permenkominfo Number 7 of 2021, ISR could be used for:
- Fixed service, which is used for radio communication between fixed radio stations. At a minimum, include:
- Microwave link
- Studio-to-transmitter link (STL)
- Broadband wireless access (BWA) on certain radio frequency bands
- High frequency (HF) radio communication system operating below 28000 kHz
- The land mobile service is used for radio communication between the base station and the land mobile station or between land mobile stations. At a minimum, include:
- Radio trunking
- Conventional radio
- Broadcasting service, which is used for broadcasting purposes, among others:
- Radio broadcasting services
- Television broadcasting services
- Maritime services, which are used for radio communication and shipping navigation, include:
- Ship radio station
- Beach radio station
- Aviation services, which are used for radio communication and aviation navigation, include:
- Aircraft radio station
- Air ground radio station
- The satellite service, which is used for radio communication using satellites, includes:
- Space ISR
- Earth station ISR
- Other radio communication services as regulated in the radio regulation established by the ITU.
Requirements in PB UMKU ISR
For business actors who wish to apply for the issuance of ISR, they must meet the following requirements (Attachment II for the Post, Telecommunication, and Broadcasting Sector of PP Number 5 of 2021 and Permenkominfo Number 7 of 2021):
- General requirement
- Stating that the data and documents submitted are right and valid
- Fill out the technical form for the use of radio frequency spectrum data
- Does not have the obligation of non-tax state revenues owed to the ministry
- Have confirmation of taxpayer status from the ministry that carries out government affairs in the financial sector
- Using telecommunications equipment and/or telecommunications equipment that is certified and by its designation
- Specific Requirements
- Specifically for the maritime service ISR application, it must attach a grosse deed or measurement letter for the ship’s radio station from the minister who carries out government affairs in the transportation sector.
- Specifically for an ISR application for the aviation service, it must attach a letter of recommendation for a ground-air radio station from the minister who carries out government affairs in the field of transportation
- Specifically for an application for ISR for an earth station that uses a foreign satellite, it must attach the satellite anchoring rights from the Director General
- For a space ISR application, you must attach:
- Satellite anchoring rights from the Director General, if using foreign satellites
- Cooperation agreement for the use of satellite capacity with satellite owners, if not using their satellite
- Promissory note to provide the infrastructure that can control customer traffic (hub, gateway, or teleport)
- Specifically for ISR applications for point-to-point microwave links that are part of a cross-country telecommunications network, the right to anchor microwave link must be attached.
- Specifically for ISR requests for land mobile services by representatives of foreign countries, they must attach a letter of recommendation from the ministry that carries out government affairs in the foreign sector.
Obligations of ISR Holder
After obtaining the ISR, business actors who have pocketed the ISR are obliged to (Attachment II for the Post, Telecommunication, and Broadcasting Sector PP Number 5 of 2021 and Permenkominfo Number 7 of 2021):
- Pay the Radio Frequency Use Rights Fee (BHP) no later than the due date
- Using the correct and valid identification signal or radio station identity for each radio frequency spectrum transmission in a particular radio communication service
- Using the radio frequency spectrum according to its designation
- Optimally use the radio frequency spectrum;
- Using certified telecommunications equipment and/or telecommunications equipment
- Operate radio stations by the technical parameters specified in the ISR, including:
- Radio station location and coordinates
- Antenna height
- Radiofrequency bandwidth
- transmit power
- Using a radio frequency spectrum that does not cause harmful interference (harmful interference)
- Registering ground stations (only for space ISR holders)
How to get ISR
The following is the procedure for applying for the issuance of an ISR, including (Ministry of Communication and Information Technology Number 7 of 2018 concerning Electronically Integrated Business Licensing Services in the Communication and Informatics Sector and its amendments and Permenkominfo Number 7 of 2021):
- For business actors who wish to apply for an ISR, this can be done through an electronically integrated risk-based licensing system (Online Single Submission Risk-Based Approach/OSS RBA).
- Approval or rejection of the ISR application is given through an evaluation mechanism based on the availability of radio frequency channels and the results of technical analysis
- If approved, it will be published:
- Notification letter for payment of Radio Frequency BHP for ISR, except for:
- Approval of ISR applications for maritime and aviation services
- Approval of requests for changes to administrative data, and/or changes to technical parameter data that do not cause changes to the amount of Radio Frequency BHP
- ISR, but not yet effective except for maritime service ISR, aviation service ISR, administrative data adjustment ISR, and technical parameter data adjustment ISR that does not cause changes in the amount of radio frequency BHP
- Notification letter for payment of Radio Frequency BHP for ISR, except for:
- ISR for broadcasting purposes is issued after the Broadcasting Operation Permit (IPP) is declared effective and the Radio Frequency BHP has been paid for ISR for broadcasting purposes
- The Directorate General of Resources and Equipment of Post and Information Technology (Ditjen SDPPI) of the Ministry of Communication and Informatics evaluates the fulfillment of the commitment statement submitted by business actors, and if it fulfills the commitment, the ISR will be declared effective
Do you still in a daze about applying for a Radio Spectrum Use Permit? We, Prolegal, are here to help!
Author: Faiz Azhanzi Yazid
Editor: Bidari Aufa Sinarizqi
Translator: Angelie Kartika Putri