- The Minister of Communication and Information Technology ("Minister") is currently preparing a Draft Regulation ("Draft Regulation") which will update the framework on the utilization of the radiofrequency spectrum for satellites and satellite orbits. If ultimately enforced, the Draft Regulation will simultaneously repeal and replace the currently applicable framework on the utilization of the radiofrequency spectrum, specifically Regulation of the Minister No. 21 of 2014 ("Regulation 21/2014").
- While maintaining the 19 types of radiofrequency bands (e.g. fixed satellite, mobile satellite, meteorological satellite and so forth) that already have been assigned satellite radiofrequency spectrum utilization allocations, as currently outlined under Regulation 21/2014, the Draft Regulation has now clarified that said radiofrequency bands are required to be in line with Indonesian radiofrequency spectrum plans, as well as with the framework of the International Telecommunication Union ("ITU") in terms of the radiofrequency spectrum.
- Utilization of the radiofrequency spectrum requires radio station permits (Izin Stasiun Radio – "ISR") to first be secured, which may be issued for five-year periods. In this regard, the Draft Regulation has now clarified that an additional five years of validity may be granted for issued ISR based on five factors that include: 1) National radiofrequency spectrum utilization plans; 2) The validity of ISR and/or due date of the relevant utilization rights fee (Biaya Hak Penggunaan – "BHP") payment; 3) The lifetimes of utilized satellites and/or satellite operations; and 4) The validity of satellite anchoring rights.
- The Draft Regulation also clarifies various obligations that have to be met by ISR holders, specifically: 1) Must settle BHP payments; 2) Must provide access for the lawful interception of Indonesian terrorist communications; 3) Must utilize certified earth station equipment; 4) Must submit correct and valid data and documents. In terms of space ISR holders specifically, the Draft Regulation mandates that said parties should report any business entities that they cooperate with on an annual basis and should establish Network Operation Centers (NOC) that are capable of controlling customer traffic and access, as well as blocking access to unlawful information sources.
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