Minggu, Maret 17, 2024

Govt. Prepares Deadline for the Submission of Mandatory Annual Reports by Telecommunications Network and Telecommunications Service Organizers

While the amounts of administrative fines applicable within the communications and informatics sector were previously outlined under Regulation of the Government No. 43 of 2023 ("Regulation 43/2023"), the Director-General of Post and Communication Control at the Ministry of Communication and Information Technology ("Director-General") is currently preparing a Draft Regulation ("Draft Regulation") that will serve as a set of guidelines for the imposition of administrative fines in relation to mandatory reporting and the establishment of communication network violations.
If ultimately enforced, organizers of telecommunications networks and telecommunications services (collectively referred to as "Organizers") will be required to submit annual reports for one financial year periods (i.e. accumulation of every mandatory telecommunications report) by no later than 30 April of the following year by 23.59 WIB server time. However, said mandatory reporting includes a first-year reporting exemption that runs from the effective date of the relevant business permit up until the end of the relevant financial year.
In the event that an Organizer fails to meet the above reporting deadline, then they may be subject to the imposition of the following administrative sanctions: 1) Administrative fines; 2) Temporary suspensions; and/or 3) Revocation of services and/or business permits. In this regard, the Director-General will issue a notification of the settlement of any imposed administrative fines within one business day of a given reporting deadline elapsing.
However, it should be noted that the imposition of administrative fines does not derogate the obligation of violating Organizers to submit their annual reports. In this regard, any failure to settle imposed administrative fines within the determined timeframes will result in the issuance of orders for the temporary suspension of business activities within one day of the fine due date.

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While the amounts of administrative fines applicable within the communications and informatics sector were previously outlined under Regulation of the Government No. 43 of 2023 ("Regulation 43/2023"), the Director-General of Post and Communication Control at the Ministry of Communication and Information Technology ("Director-General") is currently preparing a Draft Regulation ("Draft Regulation") that will serve as a set of guidelines for the imposition of administrative fines in relation to mandatory reporting and the establishment of communication network violations.
If ultimately enforced, organizers of telecommunications networks and telecommunications services (collectively referred to as "Organizers") will be required to submit annual reports for one financial year periods (i.e. accumulation of every mandatory telecommunications report) by no later than 30 April of the following year by 23.59 WIB server time. However, said mandatory reporting includes a first-year reporting exemption that runs from the effective date of the relevant business permit up until the end of the relevant financial year.
In the event that an Organizer fails to meet the above reporting deadline, then they may be subject to the imposition of the following administrative sanctions: 1) Administrative fines; 2) Temporary suspensions; and/or 3) Revocation of services and/or business permits. In this regard, the Director-General will issue a notification of the settlement of any imposed administrative fines within one business day of a given reporting deadline elapsing.
However, it should be noted that the imposition of administrative fines does not derogate the obligation of violating Organizers to submit their annual reports. In this regard, any failure to settle imposed administrative fines within the determined timeframes will result in the issuance of orders for the temporary suspension of business activities within one day of the fine due date.

......