Senin, Mei 27, 2024

Guidelines Introduced for the Imposition of Administrative Sanctions in Relation to Mandatory Telecommunications Reporting and Network Development Violations

Following the enforcement of Regulation of the Minister of Communication and Informatics ("Minister") No. 5 of 2021 ("Regulation 5/2021"), the Director-General for the Organization of Post and Informatics at the Ministry of Communication and Informatics ("Director-General") has decided to introduce a set of guidelines on the imposition of administrative sanctions for violations of mandatory reporting requirements relating to telecommunications organization and the mandatory development of telecommunications networks ("Mandatory Development") through the issuance of Regulation No. 1 of 2024 ("Regulation 1/2024"), which has been in force since 30 April 30 2024.
At its core, any organizers of telecommunications networks and services (collectively referred to as "Organizers") that fail to submit mandatory annual reports within the determined timeframe, i.e. by 30 April of the year following the relevant book year, will be subject to the imposition of administrative sanctions. The available administrative sanctions range from written reprimands to the revocation of services and/or previously issued business permits. Moreover, any administrative sanctions that are imposed do not release sanctioned Organizers from the obligation to submit mandatory reports.
In addition, Organizers of telecommunications networks are specifically required to submit mandatory network development reports as a part of the above-described annual reports. Moreover, any discrepancies relating to the non-fulfillment of development targets will also result in the imposition of administrative sanctions that range from written reprimands to administrative fines. In addition, any unfulfilled telecommunications network targets will still have to be fulfilled during the following year without the amendment of any original development commitments stipulated under issued business permits.
It should also be noted that the imposition of administrative fines upon violating Organizers will commence in relation to obligations for the 2023 book year onwards, while said imposition will be implemented in accordance with relevant laws and regulations.

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Following the enforcement of Regulation of the Minister of Communication and Informatics ("Minister") No. 5 of 2021 ("Regulation 5/2021"), the Director-General for the Organization of Post and Informatics at the Ministry of Communication and Informatics ("Director-General") has decided to introduce a set of guidelines on the imposition of administrative sanctions for violations of mandatory reporting requirements relating to telecommunications organization and the mandatory development of telecommunications networks ("Mandatory Development") through the issuance of Regulation No. 1 of 2024 ("Regulation 1/2024"), which has been in force since 30 April 30 2024.
At its core, any organizers of telecommunications networks and services (collectively referred to as "Organizers") that fail to submit mandatory annual reports within the determined timeframe, i.e. by 30 April of the year following the relevant book year, will be subject to the imposition of administrative sanctions. The available administrative sanctions range from written reprimands to the revocation of services and/or previously issued business permits. Moreover, any administrative sanctions that are imposed do not release sanctioned Organizers from the obligation to submit mandatory reports.
In addition, Organizers of telecommunications networks are specifically required to submit mandatory network development reports as a part of the above-described annual reports. Moreover, any discrepancies relating to the non-fulfillment of development targets will also result in the imposition of administrative sanctions that range from written reprimands to administrative fines. In addition, any unfulfilled telecommunications network targets will still have to be fulfilled during the following year without the amendment of any original development commitments stipulated under issued business permits.
It should also be noted that the imposition of administrative fines upon violating Organizers will commence in relation to obligations for the 2023 book year onwards, while said imposition will be implemented in accordance with relevant laws and regulations.

......