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Legal Document
Title: Law on Radio Frequency No. 17/NA, dated 05 May 2017
Type: Law
Responsible Agency: Ministry of Posts and Telecommunications
Issuing Date: 2017-05-05
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Unofficial translation

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

-------------------------------

 

 

National Assembly                                                                                                                                                                           No.: 17/NA

                                                            Vientiane Capital, dated 05 May 2017

 

Law on Radio Frequency

 

Chapter 1

General Provisions

 

Article 1         Objectives

            This Law defines principles, regulations, and measures concerning the management, monitoring and inspection of the organization and operation of radio frequency in order to be effective, efficient, convenient, quick, modern and fair aiming to ensure national security, national safety and order for society, to have regional and international connection, contribute to national protection and development.

 

Article 2         Radio Frequencies

Radio Frequency is electromagnetic wave that is limited natural resources on the air, universe and under water used for communication with a range of 8.3 kilohertz to 3000 gigahertz.

 

Article 3         Definitions

The meanings of the terms used in this Law are as follows:

 

  1. Hz-Hertz refers to a unit of radio frequency which is measured by the amount of cycle of radio frequency per second;
  2. KHz-KiloHertz refers to a unit of radio frequency which is equal to one thousand Hertz;
  3. MHz-MegaHertz refers to a unit of radio frequency which is equal to one million Hertz;
  4. GHz-GigaHertz refers to a unit of radio frequency which is equal to one billion Hertz;
  5. Telecommunication Resources refers to frequency, telephone number, internet number, internet code, satellite orbit and telecommunication infrastructure;
  6. Radio refers to the use of electromagnetic wave as a mean of communication for all types of radio frequency;
  7. Radio frequency band refers to the spectrum of radio frequency that has a starting and an ending point in radio frequency range;
  8. Radio frequency channel refers to the range of radio frequency that is specified to be compatible with technology and international standard in order to receive, transmit, visual and information with a starting and an ending point in a radio frequency band;
  9. Radio Station refers to is a place that has receive equipment installed, transmit equipment installed or both receive and transmit radio frequency such as radio station, mobile radio station;
  10. Radio frequency communication refers to receiving, transmitting or both receiving and transmitting signals, information, data, text, audio and visual via the use of radio frequency;
  11. Radio frequency equipment refers to equipment used in receiving, transmitting or both receiving and transmitting signals, information, data, text, audio and visual via the use of radio frequency including Unmanned Aircraft System (UAS);
  12. Radio frequency equipment for close range refers to radio frequency equipment used in a radio frequency band for radio frequency transmission equipment specifically for close range and has set a range of frequency channel, distance of frequency channel, strength of radio transmission based on international standard such as wireless microphone, remote control, wifi equipment;
  13. Radio frequency disturbance refers to unsolicited radio frequency that comes from the same radio frequency or unusual radio frequency that affects the quality of signal leading to receiving incorrect information, loss of information; interferes or disturbs the operation and is dangerous for directional communication work, safety communication work and other communications;
  14. Land radio station refers to immobile radio station used for portable communication.

 

Article 4        Government Policy on Radio Frequency

The Government manages radio frequency centrally across country and has exclusive rights in authorization the usage by individuals, legal entities or organizations.

 The Government encourages public and private sectors that meet conditions to use radio frequency in their operation contributing to economic development, socio-cultural, national security and public security, disaster notification and recovery from various disasters, scientific research with effectiveness, efficiency, safety and fairness.

The Government creates conditions and facilitates the management of radio frequency by providing human resources, human resources development, budget, infrastructure and necessary equipment in each period.

The Government encourages and promotes the use of radio frequency by different forms using new and modern technology for highest benefits of society and the country.

 

 

Article 5         the Principles of Radio Frequency Operation

Radio frequency operation shall follow the following principles:

 

  1. To be in line with policies, the National Socio-Economic Development Plan, strategic and national frequency allocation plan related to radio frequency;
  2. To ensure centrality in management and harmonization across country;
  3. To ensure the national security and public security, national stability, order and safety for society;
  4. To ensure fairness, effectiveness, efficiency, use with goal and no intrusion each other;
  5. To ensure science and technology;
  6. To ensure compliance with laws, international conventions and agreements to which Lao PDR is a Party.

 

Article 6         Scope of Application of this Law

This Law applies to domestic and foreign individuals, legal entities and organizations that use radio frequencies in Lao PDR.

 

Article 7         International Cooperation

            The government promotes relation and cooperation with other countries, the region, and international on radio frequency work through exchange of lessons learned on information, technology in order for such work to have effectiveness, development and implementation of international conventions and agreements to which the Lao PDR is a Party.

 

Chapter 2

Strategic Plan, National Radio Frequency Allocation Plan on Radio Frequency

 

Article 8         Strategic Plan on Radio Frequency

          The government creates strategic plan on the use of radio frequency that is in line with the National Socio-Economic Development Plan in each period and proposes to the National Assembly for consideration for adoption.

 

Article 9         National Radio Frequency Allocation Plan

            National Radio Frequency Allocation Plan is a plan that allocates radio frequency to be radio frequency spectrum and band that has determined for usage.

            Ministry of Post and Telecommunication creates the national radio frequency allocation plan which is in line with the strategic plan on radio frequency in each period and proposes to the Government for consideration for adoption.

 

Article 10       Radio Frequency Allocation

            Radio Frequency is allocated as a band in the National Plan on Radio Frequency in order to define targeted use for one or more communication work.

            Ministry of Post and Telecommunications allocates, allots, authorizes, revokes, monitors, recollects and reserves all radio frequencies in Lao PDR which complies with this law, other relevant regulations, National Radio Frequency Allocation Plan, regulations of International Telecommunication Union, international conventions and agreements to which Lao PDR is a party.

 

Article 11       Radio Frequency Allocation for National Security-Public Security

            Ministry of Post and Telecommunications allocates radio frequency for National Security-Public Security that complies with this law and other relevant laws.

            In an emergency, regarding the use of radio frequency, The Ministry of National Defense and Ministry of National Security can temporary use a radio frequency channel apart from the ones allocated to, but shall inform the Ministry of Post and Telecommunications.

 

Article 12       Frequency Allocation for Embassies, Consular, International Organizations and Non-Government Organizations 

            Frequency Allocation for Embassies, Consular, International Organizations and Non-Government Organizations that are active in Lao PDR is to be implemented according to National Radio Frequency Allocation Plan, regulations of International Telecommunication Union, international conventions and agreements to which Lao PDR is a party.

 

Article 13       Radio Frequency Range

            Radio frequency range is a specific range of radio frequency with many radio frequency bands.

            Radio frequency has nine ranges that are used from the fourth range of radio frequency according to international adoption as following:

  1. Very Low Frequency-VLF
  2. Low Frequency -LF
  3. Medium Frequency-MF
  4. High Frequency - HF
  5. Very High Frequency - VHF
  6. Ultra High Frequency -UHF
  7. Super High Frequency - SHF
  8. Extreme High Frequency- EHF
  9. Tremendously High Frequency – THF

 

            Radio frequency range may be changed according to the revision of the National Radio Frequency Allocation Plan in each period.

 

Article 14       the Fourth Frequency Range

The Fourth Frequency is frequency from 8.3 kilohertz to 30 kilohertz and range of frequency from 100 to 10 kilometers, which is used in communications such as maritime telegraph system, under water communications.

 

Article 15       the Fifth Frequency Range

The Fifth Frequency is frequency above 30 kilohertz to 300 kilohertz and range of frequency from 10 to 1 kilometers, which is used in communications such as AM radio system, maritime navigation and aeronautic communication.

 

Article 16       the Sixth Frequency Range

The Sixth Frequency is frequency from 300 kilohertz to 3000 kilohertz and range of frequency from 1 kilometers to 100 meters, which is used in communications such as maritime navigation, maritime communication, aeronautic communication, amateur communication, AM radio system.

 

 

Article 17       the Seventh Frequency Range

The Seventh Frequency is frequency from 3 megahertz to 30 megahertz and range of frequency from 100 to 10 meters, which is used in communications such as long distance of short frequency communication, amateur communication and aeronautic communication.

 

Article 18       the Eighth Frequency Range

The Eighth Frequency is frequency from 30 megahertz to 300 megahertz and range of frequency from 10 to 1 meters, which is used in communications such as amateur communication, television, aviation communication, land mobile system and FM radio system.

 

Article 19       the Ninth Frequency Range

The Ninth Frequency is frequency from 300 megahertz to 3000 megahertz and range of frequency from 1 meter to 100 millimeters, which is used in communications such as mobile phone system, television, earth surveying via satellite and amateur communication.

Article 20       the Tenth Frequency Range

The Tenth Frequency is frequency from 3 gigahertz to 30 gigahertz and range of frequency from 100 millimeters to 10 millimeters, which is used in communications such as satellite communication, microwaves system, radar system, astronomical communication, earth surveying via satellite and meteorology communication.

 

Article 21       the Eleventh Frequency Range

The Eleventh Frequency is frequency from 30 gigahertz to 300 gigahertz and range of frequency from 10 millimeters to 1 millimeter, which is used in communications such as microwaves system, meteorology communication, earth surveying via satellite, surveying communication and location search and communication for safety.

 

Article 22       the Twelfth Frequency Range

The Twelfth Frequency is frequency from 300 gigahertz to 3000 gigahertz and range of frequency from 1 millimeter to 100 micrometers as adopted by the international treaties and international agreements that Lao PDR is a Party.

 

Chapter 3

Radio Frequency Communications

 

Article 23       Types of Communications

            The main types of communications are as following:

  1. Stationed communications;
  2. Mobile communications;
  3. Radio broadcasting and television;
  4. Satellite communication;
  5. Surveying and location search communications.

 

Article 24       Stationed Communications

            Stationed communications refer to communications between radio frequency stations, which are stations of radio frequency with fixed location such as microwaves systems, short range frequency systems for long distant communications.

 

Article 25       Mobile Communications

            Mobile communications are communications between mobile radio frequency stations and land radio frequency stations or among communications between mobile radio frequency stations such as mobile phone system, phony system, aeronautic communications, maritime mobile communications.

 

Article 26       Radio Broadcasting and Television

            Radio broadcasting and television are audio, visual transmission using radio frequencies in order for people to listen and watch directly such as radio broadcasting short-range systems, radio broadcasting AM systems, radio broadcasting FM systems, Analog and Digital televisions.

 

Article 27       Satellite Communications

            Satellite communications are communications technology that uses radio frequencies to receive, audio transmission, visual and information between one or more land stations and satellite such as radio broadcasting and televisions via satellite, surveying communications and location search via satellite, mobile communications via satellite and stationed communications via satellite all systems.

 

Article 28       Surveying and Location Search Communications.

            Surveying and Location Search Communications are communications technology that transmit or receive information related to quick location and other characteristics of targets such as aviation navigation communications, GPS systems and maritime navigation communications.

 

Chapter 4

Approval for Use of Frequency

 

Article 29       Approval for Use of Frequency

            Individuals, legal entities and organizations both domestic and foreign that wish to use radio frequency shall obtain an approval from the Ministry of Post and Telecommunications in accordance with conditions stipulated in Article 31 of this law. 

            In case of emergency, disasters, social assistances and specific work of the government, Ministry of Post and Telecommunications issues a license to use radio frequency on a case by case basis.

 

Article 30       Use of Short Distant Radio Frequency Equipment

            Individuals, legal entities and organizations both domestic and foreign that wish to use short distant radio frequency equipment do not need to obtain an approval to use radio frequency.

 

Article 31       Criteria for a License to use Radio Frequency

            Ministry of Post and Telecommunications allows domestic and foreign individuals, legal entitles or organizations to use radio frequencies based on criteria as following:

  1. To have a business registration certificate for a business operation that wish to use radio frequency;
  2. To have a secured financial position;
  3. To be in line with the policy, strategy and National Radio Frequency Allocation Plan on radio frequency;
  4. To have usage plan, development and business operation plan;
  5. To ensure technical standard;
  6. Other criteria based on types of communications;

 

Article 32       Application for Radio Frequency Use

Anyone wishes to use radio frequency shall submit an application to the Ministry of Post and Telecommunications.

Documents are as following:

  1. Application form based on types of communications of Ministry of Post and Telecommunications;
  2. Network development plan and business operation plan;
  3. Technical economic report for services businesses such as telecommunications, radio broadcasting and televisions;
  4. A photocopy of an agreement letter or certification letter from relevant organization for an organization;
  5. A copy of business registration certificate and tax certificate in accordance with laws on enterprises.

 

Article 33       Approval of Application

            Ministry of Post and Telecommunications considers application for radio frequency use within twenty-five working days from the date received the application provided documents are correct, completed and met criteria as required. In case of documents are not correct, uncompleted an applicant shall be informed by writing within five working days.

            In case of a refuse, an applicant shall be informed by writing within five working days.

 

Article 34       Term of License to use Radio Frequency

A license to use radio frequency has a term longest of one year and can be extended.

Telecommunication services operators can extend a license according provided in the Law on Telecommunications.

            For emergency cases, disasters, social assistances and specific work of government, Ministry of Post and Telecommunications issue a license to use radio frequency less than one-year validity based on a case by case basis.

 

Article 35       Extension of License to use Radio Frequency

Users of radio frequency can extend a license to use radio frequency within sixty days before expiring date.

            Such extension will be considered when users of radio frequency implement as following:

  1. To follow conditions stipulated in a license;
  2. To pay all obligations, fees and charges.

 

Article 36       Suspension of License to use Radio Frequency    

A licensee to use radio frequency will be suspended a license in one of the following cases:

  1. To be based on a request from the licensee to use radio frequency;
  2. To use radio frequency not in compliant with the standard and laws.

 

Article 37       Termination of License to use Radio Frequency  

A licensee to use radio frequency will be terminated a license in one of the following cases:

  1. To use not compliant with objectives of license;
  2. To not follow conditions stipulated in a license to use radio frequency;
  3. To not pay all obligations, fees and charges;
  4. To violate this Law and other relevant laws.

Ministry of Post and Telecommunications issues a notice of termination of a license for using radio frequency with reasons for such termination of license in writing.

 

Article 38       Radio Frequency Auction   

            Radio frequency that generates high revenue, with high market demand, but limited supply shall have an auction as stipulated in laws.

 

Chapter 5

Fees for using Radio Frequency

 

Article 39        Fees for using Radio Frequency

            Individuals, legal entities or organizations both domestic and foreign that receive a license to use radio frequency shall pay fees based on the rate stipulated in the Presidential Decree on Fees and Service Charges as promulgated in each period.

 

Article 40 Exemption from Fees for using Radio Frequency

Exemptions from fees for using radio frequency include work related to national security-public security, emergency, danger announcement and relief of disasters for public, unexploded bombs in Lao PDR, national level events based on an agreement of government, embassies and international organizations in accordance with international treaties and agreements that Lao PDR is a Party.

 

 

Chapter 6

Rights and Obligations of Radio Frequency Users

 

Article 41        Rights of Radio Frequency Users

            Users of radio frequency have the following rights:

  1. To get benefit from using radio frequency;
  2. To Import and install radio frequency equipment as permitted by post and telecommunications sector;
  3. To sell, transfer and lease out the rights to use radio frequency as permitted by post and telecommunications sector;
  4. To receive an extension or cancelation for using radio frequency as provided in Article 34 of this law;
  5. To receive other rights as provided in laws.

 

Article 42        Obligations of Radio Frequency Users

Users of radio frequency have the following obligations:

  1. To report or inform post and telecommunications sector in case that there is a disturbance or changes in radio frequency;
  2. To ensure the use with safety on people’s health and environment according to international standards and relevant regulations;
  3. To ensure the use with quality, convenience, speed and not interfere with other radio frequencies;
  4. To cooperate and facilitate relevant staff, officers, in order to search for the sources of disturbance to radio frequency and solve problems on timely basis;
  5. To follow laws relevant to accounting, finance, statistics and reporting systems;
  6. To pay for obligations, fees and service charges according to relevant law and regulations;
  7. To implement other obligations as provided in laws.

 

Chapter 7

Importation of Equipment and Safety on Transmission of Radio Frequency

 

Article 43        Obligations of Radio Frequency Users

Individuals, legal entities or organizations both domestic and foreign that wish to import all types of radio frequency equipment shall request for an approval from the Ministry of Post and Telecommunications in collaboration with relevant line ministries to ensure quality and technical standard.

List of radio frequency equipment, the management of import and use of such equipment are stipulated in separate regulations.

 

Article 44       Safety on Transmission of Radio Frequency

            The Ministry of Post and Telecommunications manages, inspects and certifies safety standard of radio frequency transmission of radio stations, radio frequency equipment within the territory of Lao PDR according to international standards.

 

Chapter 8

Monitoring-Inspection on the Use of Radio Frequency

and the Reduction of Radio Frequency Disturbance

 

Article 45       Monitoring-Inspection on the Use of Radio Frequency

The Ministry of Post and Telecommunications in collaboration with relevant line ministries monitor-inspect the use of radio frequency and radio frequency equipment within country including transmission of foreign radio frequencies that intrude in the territory of Lao PDR.

 

Article 46       Controlling the Use of Radio Frequency

In order to ensure public safety and national security, the Ministry of Post and Telecommunications in collaboration with the Ministry of National Defense, Ministry of Public Security, Ministry of Information, Culture and Tourism implement as following: 

  1. To temporary control radio stations;
  2. To inspect communications of individuals who are suspected on disturbing peace or safety of society;
  3. To control and cease radio frequency equipment of users involved in disturbing peace or safety of society in order to precede cases according to laws.

 

Article 47       Reduction of Radio Frequency Disturbance

Individuals, legal entities or organizations both domestic and foreign that receive an approval to use radio frequency shall duly and completely follow conditions set out in a license and shall use standard on reduction of radio frequency disturbance on a case by case basis as following:

  1. To maintain radio frequency transmission capability at the approved level;
  2. To reduce radio frequency transmission level that may cause disturbance to radio frequency;
  3. To modify direction of radio frequency transmission;
  4. To modify height of aired line;
  5. To place radio stations with appropriate distance between each other in the case of using the same radio frequency;
  6. To reallocate time for transmission radio frequency;
  7. To use other measures.

 

Article 48       Resolution for Problems on Radio Frequency Disturbance

Post and Telecommunications Sector is the main body to search for source of radio frequency disturbance and solve problems based on a request from individuals, legal entities or organizations both domestic and foreign when there is a problem related to disturbance to frequency of their radio stations.

In order to solve problems on radio frequency disturbance, the following are to be implemented:

  1. Radio stations that cause disturbance shall cooperate with officers who monitor-inspect radio frequency in order to timely solve problems;
  2. Radio stations that establish first have priorities;
  3. For those who cause radio frequency disturbance shall be responsible for payment for damages to other radio frequency users that are affected.

 

Article 49       Resolution for Problems on Foreign Radio Frequency Disturbance

The Ministry of Post and Telecommunications collaborates with relevant sectors in order to solve problems on foreign radio frequency disturbance by following regulations of International Telecommunication Union, laws, international treaties and agreements to which Lao PDR is a Party.    

 

Chapter 9

Prohibitions

 

Article 50       General Prohibitions

            Individuals, legal entities or organizations are prohibited from the following behavior:

  1. To use radio frequency without a permission;
  2. To import, produce, install and sell radio frequency related equipment without a permission;
  3. To use radio frequency for disturbing peace;
  4. To cause a damage to a radio station, inspection equipment and radio frequency equipment;
  5. To interfere with the installation of  radio frequency inspection equipment and work of radio frequency inspection officers;
  6. To have other behaviors that violates laws.

 

Article 51       Prohibitions for Radio Frequency Staff

            Radio frequency staff are prohibited form the following behavior:

  1. To disclose national confidentiality, delay and falsify documents concerning the sue of radio frequency;
  2. To abuse position for personal benefits that causes damages to government, the public, individuals and organizations;
  3. To neglect duties and responsibilities assigned by the organization;
  4. To operate business on the use of radio frequency;
  5. Operate radio frequency business;
  6. To have other behaviors that violates laws.

 

Article 52       Prohibitions for Radio Frequency Users

For those who have received an approval to use radio frequency are prohibited from the following behavior:

  1. To use radio frequency that is not compliant with approved technical standard conditions;
  2. To use radio frequency disturbing, causing damages to the benefits of individuals, legal entities or organizations;
  3. To sell, transfer and lease the rights to use radio frequency without an approval from relevant sectors;
  4. To use radio frequency for other purposes that are not compliant with the approval;
  5. To transmit radio frequency over the safety standard provided by the Ministry of Post and Telecommunications;
  6. To have other behaviors that violates laws.

 

Chapter 10

Dispute Resolution

 

Article 53       Forms of Dispute Resolution

Dispute resolution on the use of radio frequency operates under the following forms:

  1. Amicable resolution;
  2. Arbitration;
  3. Administrative resolution;
  4. Resolution by the Economic Arbitration Agency;
  5. Resolution via the People’s Court;
  6. International Arbitration.

 

Article 54       Amicable Resolution

In case there is a dispute affecting the use of radio frequency that is not very serious and with small damages, the litigants can consult and compromise with each other to solve such dispute.

 

Article 55       Arbitration

In case there is a dispute affecting the use of radio frequency that is not very serious and with small damages, the litigants can solve such dispute by arbitration.

 

Article 56       Administrative Resolution

In case that there is a dispute that cannot reach agreement or cannot be solved by compromising, the litigants have the rights to propose it to the Ministry of Post and
Telecommunications to consider resolution.

 

Article 57       Resolution by the Economic Arbitration Agency

In case that there is business dispute from a business operation that uses radio frequency, the litigants have the rights to propose it to the Economic Arbitration Agency to consider resolution according to laws.

 

Article 58       Resolution via the People’s Court

In case that there is a business dispute from a business operation that uses radio frequency, the litigants have the rights to submit a case to the People’s Court to consider resolution according to laws.

 

Article 59       International Arbitration

In case that there is a dispute with international aspects, it is to be followed relevant laws of Lao PDR, international treaties and agreements to which Lao PDR is a Party.

 

Chapter 11

Radio Frequency Management

 

Article 60       Radio Frequency Authority

The Government centralizes the management of radio frequency country wide and in a uniform manner by assigning the Ministry of Post and Telecommunications to directly be responsible for and collaborates with other ministries, ministry equivalent authorities, local authorities, and other relevant sectors.

        The radio frequency authorities consist of:

  1. The Ministry of Post, Telecommunications;
  2. The Divisions of Post and Telecommunications in Provinces, Capital;
  3. The Offices of Post and Telecommunications in Districts, Municipalities, Cities.

 

Article 61       Rights and Duties of the Ministry of Post and Telecommunications

The Ministry of Post and Telecommunication on the management of radio frequency has the following rights and duties:

  1. To research, create policies, strategic plans, laws and other legislation on radio frequency to propose to the government for consideration;
  2. To elaborate policies, strategic plans and laws on radio frequency to be plans, work plans, projects and implementation;
  3. To propagate, disseminate, supervise and monitor the implementation of this law and other relevant laws to the public;
  4. To allocate responsibilities on the management of radio frequency to provinces, capital;
  5. To supervise the implementation of work on radio frequency to Divisions of Post and Telecommunications in Provinces, Capital in coordination with relevant sectors;
  6. To approve the importation of radio frequency equipment according to its scope of responsibility;
  7. To register the use of radio frequency and satellite orbit in accordance with International Telecommunication Union;
  8. To protect the rights, benefits on radio frequency and satellite orbit of Lao PDR;
  9. To manage, administer, allocate, assign and revoke or recollect radio frequency resources;
  10. To manage the auction for the use for radio frequency;
  11. To approve, extend, suspend, withdraw or terminate the use of radio frequency;
  12. To coordinate with the Ministry of Foreign Affair, Ministry of National Defense, Ministry of Public Security, Ministry of Information, Culture and Tourism in order to cooperate with counties sharing borders with Lao PDR;
  13. To manage, monitor-inspect the use of radio frequency in country wide;
  14. To provide a resolution to a dispute caused by the use of radio frequency;
  15. To educate and impose measures to individuals, legal entities or organizations that violate this law;
  16. To collect fees, service charges and fined relevant to the use radio frequency;
  17. To build, enhance and upgrade technical capacity on radio frequency;
  18. To relate and cooperate with the international on radio frequency according to its scope of responsibility and as assigned by the government;
  19. To summarize and report on the implementation on radio frequency to the government on a regular basis;
  20. To exercise other rights and duties as provided in laws.

 

Article 62       Rights and Duties of Divisions of Post and Telecommunications in Provinces, Capital

The Divisions of Post and Telecommunications in Provinces, Capital on the management of radio frequency, according to their scope of responsibilities, have the following rights and duties:

  1. To implement policies, strategic plans, laws, plans, work plans and projects of the Ministry of Post and Telecommunications;
  2. To disseminate this law widely in their locality;
  3. To supervise the implementation of work on radio frequency to Offices of Post and Telecommunications in Districts, Municipalities, Cities.
  4. To allocate responsibilities on the management of radio frequency to Districts, Municipalities, Cities;
  5. To approve, extend, suspend, withdraw or terminate the use of radio frequency according to their allocated management scope;
  6. To approve the importation of radio frequency equipment according to according to their allocated management scope;
  7. To manage, monitor, inspect the importation and the use of radio frequency;
  8. To provide resolution to the request on the use of radio frequency;
  9. To warn individuals, legal entities or organizations that violate this law;
  10. To collect statistics on radio frequency users;
  11. To collect fees, service charges and fined relevant to the use radio frequency according to regulations and their allocated management scope;
  12. To summarize and report on the implementation on radio frequency to the Provincial Authority, Capital and the Ministry of Post and Telecommunications on a regular basis;
  13. To exercise other rights and duties as provided in laws.

 

Article 63       Rights and Duties of Offices of Post and Telecommunications in Districts, Municipalities, Cities

The Offices of Post and Telecommunications in Districts, Municipalities, Cities on the management of radio frequency, according to their scope of responsibilities, have the following rights and duties:

  1. To implement policies, strategic plans, laws, plans and relevant regulations;
  2. To coordinate with Districts, Municipalities, Cities Authorities monitoring the use of radio frequency;
  3. To collect statistics on radio frequency users;
  4. To disseminate laws and regulations on radio frequency;
  5. To summarize and report on the implementation on radio frequency to the Districts, Municipalities, Cities Authorities and Divisions of Post and Telecommunications in Provinces, Capital on a regular basis;
  6. To exercise other rights and duties according to their allocated management scope and as assigned.

 

Article 64Rights and Duties of Others

            Local Authorities and other sectors on the management of radio frequency have the rights and duties in the cooperation and coordination with Post and Telecommunications Sector according to their responsibilities

 

Chapter 12

Radio Frequency Inspection

 

Article 65       Radio Frequency Inspection Authorities

            Radio Frequency Inspection Authorities consist of:

  1. Internal Inspection Authority;
  2. External Inspection Authorities.

Internal inspection authority is the same authority that manages radio frequency as provided in Article 60 of this law.

External inspection authorities consist of the National Assembly, Provincial People’s Assembly, State Audit Organization, Government Inspection Authority, Mass Organizations and Mass Media.  

 

Article 66       Inspection Contents

Radio frequency inspection contents contain the following:

  1. Implementation of policies, laws and regulations related to radio frequency;
  2. Organization and structure of the Authority that manages radio frequency;
  3. Responsibilities, behavior and working methodology related to radio frequency management.

 

Article 67       Inspection Forms

Radio frequency inspection has the three forms as following:

  1. Regular inspection;
  2. Inspection with prior notification;
  3. Urgent inspection.

 

Regular inspection is an inspection according to plan and has definite schedule.

Inspection with prior notification is an inspection outside the plan when it is necessary by twenty-four hours prior notifying persons who will be inspected.

Urgent Inspection is an emergency inspection when it is necessary without notifying persons who will be inspected.

There are both documentation and actual implementation inspection on radio frequency work and to be strictly implemented in accordance with laws.

 

Article 68       Radio Frequency Inspection Officers

 Radio Frequency Inspection Officers are government officers under the Ministry of Post and Telecommunications who are assigned to implement their duties on inspection on usage and transmission of radio frequency in central, local and a specific task.

Radio Frequency Inspection Officers have the following rights and duties:

  1. To inspect-measure technical indicators of radio frequency use of radio stations for quality;
  2. To search for sources of radio frequency in all communication work;
  3. To find solution for interference radio frequency;
  4. To directly inspect radio stations, when in case challenges in inspection are found there shall be a collaboration among relevant parties;
  5. To warn in case there is misuse of radio frequency is found, to record radio frequency use and report to relevant stakeholders immediately;
  6. To exercise other rights and duties as assigned.

 

Chapter 13

Awards for Good Performance and Measures against Violators

 

Article 69       Awards for Good Performance

Individuals, legal entities or organizations that have outstanding performance in the implementation of this law, such as those who rightly use radio frequency according to targets with effectiveness and efficiency will receive awards or other appropriate policies based on regulations.

 

Article 70.      Measures against Violators

Individuals, legal entities or organizations that violate this law will be educated, disciplined, fined including compensate for damages from civil or criminal punishment depending on a light or serious case basis.

 

Article 71.      Education Measures

Individuals, legal entities or organizations that violate this law for the first time, which do not cause danger or seriousness, without intention, and cause low value damage, will be educated, warned as well as recorded in their personal record document.

 

Article 72.      Disciplinary Measures

            Government officers, soldiers, police officers that violate this law such as violate prohibitions in this law, which are not criminal violation will be disciplined according to relevant laws.

 

Article 73.      Fine Measures

Individuals, legal entities or organizations that violate this law such as violate prohibitions in this law, which are not criminal violation will be fined in the following cases:

  1. To use radio frequency without permission according to item 1 of Article 50 of this law will be fined according to each case as following:
  • For other radio stations will be fined 50,000 Kip times the width of radio frequency use per one radio station;
  • For a radio frequency transmission station will be fined 3,000,000 Kip per one channel of radio frequency per one radio station;
  • For a television station will be fined 12,000,000 Kip per one channel of radio frequency per one radio station;
  • For a receive-transmit mobile phone station will be fined 18,000,000 Kip per one channel of radio frequency per one radio station;
  1. To use radio frequency not compliant with conditions stipulated in a license according to item 1 and 4 of Article 52 of this law will be fined according to each case as following:
  • For other radio stations will be fined 25,000 Kip times the width of radio frequency use per one radio station;
  • For a radio frequency transmission station will be fined 1,500,000 Kip per one channel of radio frequency per one radio station;
  • For a television station will be fined 6,000,000 Kip per one channel of radio frequency per one radio station;
  • For a receive-transmit mobile phone station will be fined 9,000,000 Kip per one channel of radio frequency per one radio station;
  1. To violate safety measures of radio frequency transmission according to item 5 of Article 52 of this law will be fined according to each case as following:
  • For other radio stations will be fined 50,000 Kip times the width of radio frequency use per one radio station;
  • For a radio frequency transmission station will be fined 3,000,000 Kip per one channel of radio frequency per one radio station;
  • For a television station will be fined 12,000,000 Kip per one channel of radio frequency per one radio station;
  • For a receive-transmit mobile phone station will be fined 18,000,000 Kip per one channel of radio frequency per one radio station;

 

Article 74.      Civil Measures

Individuals, legal entities or organizations that violate this law, which cause damages to the government, public or others shall compensate for such damages.

 

Article 75.      Criminal Measures

Individuals who violate this law that is a criminal offense will be punished according to laws depending on a light or serious case basis.

 

Chapter 14

Final Provisions

Article 76.      Implementation

The Government of the Lao People’s Democratic Republic is responsible for the implementation of this law.

 

Article 77.      Effectiveness

This law is effective from the date of the promulgation by the President of the Lao People's Democratic Republic and fifteen days after posting on the Lao Official Gazette.

            Any regulations and provisions that contradict to this Law shall be canceled.

           

 

President of the National Assembly

[Signature and seal]

Pany YATHORTOU



Download English:Law on Radio Frequency No. 17/NA, dated 05 May 2017

Download Lao:Law on Radio Frequency No. 17/NA, dated 05 May 2017