Act No.06909, Partially Revised May. 29, 2003 Radio Waves Act (Unofficial Translation) Chapter 1 General Article 1 (Purpose) The purpose of this Act is to define matters relating to the efficient use and management of radio waves, to promote the use of radio waves and the development of technologies related to radio waves, to facilitate the promotion of radio waves, and further to contribute to the improvement of public welfare. Article 2 (Definitions) The terms used herein are defined as follows; 1. "Radio waves" refers to radio waves transmitted to space without artificial induction, having frequencies within the scope defined by the International Telecommunication Union, "ITU." 2. "Frequency allocation" refers to the determination of the usage of specific frequencies. 3. "Frequency assignment" refers to the assignment of the rights to specific frequencies to certain persons. 4. "Frequency designation" refers to the designation of specific frequencies for use by a radio station in line with license issuance to the radio station. 5. "Radio equipment" refers to electrical facilities that transmit and receive radio waves. 6. "Radio station" refers to any and all radio equipment and persons who operate such radio equipment, except for those used for the single purpose of broadcast reception. 7. "Radio operator" refers to any person, who handles or installs radio equipment, with the certificate of engineering qualification granted as provided in Article 70. 2. 8. "Facilities owner" refers to any person who establishes a radio station as permitted by the Minister of Information and Communication or who - 1 -
established a radio station as provided in Article 19. 3. 3. 9. "Broadcasting station" refers to a radio station that the public establish for the purpose of receiving a direct broadcasting signal. 10. "Space station" refers to a radio station established in a satellite. 11. "Earth station" refers to a radio station established in the earth for communication with space stations. 12. "Satellite network" refers to a total communication networks composed of space stations and earth stations. 13. "Satellite orbit" refers to the location or the orbit of an earth station. 14. "Electromagnetic interference" refers to a phenomenon in which radio waves emitted (means that radio wave energy transmits into space) or conducted (means that radio wave energy flows through power lines) from any instrument that generates radio waves interfere with the performance of other instruments. 15. "Electromagnetic compatibility" refers a situation in which any instrument that causes electromagnetic interference (hereinafter referred to as "electromagnetic interference instrument") or is affected by radio waves satisfies the standards of electromagnetic interference prevention or protection from radio waves as provided in Article 56. Article 3 (Promotion of radio resources use) The government shall establish and implement policies required to promote the use of radio resources to optimally utilize limited radio resources for the improvement of public welfare. Article 4 (Treaty with respect to radio) If there is otherwise any treaty with respect to radio, the provisions of such treaty shall prevail notwithstanding the provisions of this Act. Chapter 2 Security of Radio Resources Article 5 (Security of Radio Resources) 1 The Minister of Information and Communication shall establish and implement any of the following policies to ensure radio resources: - 2 -
1. to develop technology of new frequency service 2. to increase service efficiency of frequency available 3. international registration of frequency; and 4. to agree to coordinate to solve and prevent radio interference between countries. 2 Any matter required with respect to frequency to be registered, costs of registration and registration procedures as provided in Paragraph 3, Article 3 shall be defined as the Ordinance of the Ministry of Information and Communication. Article 6 (Improvement of Service Efficiency of Radio Resources) The Minister of Information and Communication shall establish and implement the following paragraphs, if necessary, to promote equal and efficient use of radio resources: 1. Change of frequency allocation 2. Recovery or rearrangement of frequency with low service results 3. Conversion to new technology 4. Common use of frequency Article 7 (Compensation of Damages) 1 In implementing the matters of Paragraph 1 and 2 of Article 6, the government shall compensate for damages incurred typically to relevant facilities owners due to a change of frequency designation for radio stations, except as follows; 1. by the request of the facilities owner 2. if the international frequency allocation is changed by ITU 3. if the use of frequency is to use frequency of the second service 2 If the government compensates for damages as provided in this Article except each Paragraph of Section 1, the government may claim such damages to any person who has provided causes of such modification including a person to whom a new frequency is designated. Article 8 (Mid- Long-term Radio Service Plan) 1 The Minister of Information and Communication shall establish a - 3 -
Mid- Long-term Radio Service Plan to facilitate the satisfaction of national demands with respect to radio resources. 2 When the Minister of Information and Communication establishes a Mid- Long-term Radio Service Plan, the Minister of Information and Communication shall confirm this Plan via the collection of opinions including hearings. Also the Minister of Information and Communication shall confirm the changes of key issues among such a Mid-/Long-term Radio Service Plan. 3 A Mid-/Long-term Radio Service Plan shall include the following: 1. Mid-/long-term demand forecast of radio resources 2. Use of frequency bands 3. Current service conditions for frequency bands 4. Changes to an international service plan with respect to radio resources 5. Development status of new radio resources; and 6. Other matters relating to the efficient use of radio resources. Chapter 3 Allocation and Assignment of Radio Resources Article 9 (Frequency Allocation) 1 The Minister of Information and Communication shall allocate frequency in consideration of the following: 1. The need for national security, order maintenance or life safety including national defense, public peace and rescue 2. Domestic frequency use conditions such as current frequency service conditions 3. International frequency use trends 4. Development of radio use technology 5. Demand for services using radio 2 The Minister of Information and Communication shall notice the frequency allocation as provided in Section 1. The aforesaid shall apply to the modification of frequency allocation. - 4 -
Article 10 (Frequency Assignment) 1 When any person who attempts to do any business that falls under one of the following desires to be assigned any frequency to be used directly for the purpose of such business, the Minister of Information and Communication shall notice the same as defined in the Presidential Decree: 1. Infra-structural Communication Business as provided in Section 2, Article 4 of the Telecommunication Service Act 2. Cable television service as provided in Subparagraph B, Paragraph 2, Article 2 of the Broadcasting Act or transmission network service as provided in Paragraph 13 of the same Article 2 Any person who desires to obtain frequency assignment noticed as provided in Section 1 above shall apply for such frequency assignment to the Minister of Information and Communication pursuant to the provisions of the Ordinance of the Ministry of Information and Communication. 3 In the event of frequency assignment, the Minister of Information and Communication may annex provisos as defined in the Presidential Decree to prevent monopoly and oligopoly of radio resources by any person to be assigned a frequency and any special affiliate person as defined in the Presidential Decree and promote competition at a proper level. Article 11 (Assignment by Frequency Payment) 1 When any noticed frequency falls under one of the following pursuant to the provisions of Section 1, Article 10, the Minister of Information and Communication may receive the price of frequency assignment as contribution for such assignment. 1. If it is recognized that economic value and technical impact of such frequency is great; 2. If it is recognized that such frequency is in competitive demand 3. Otherwise, if it is recognized that such frequency is required for radio promotion 2 Any contribution paid by any person who obtained frequency assignment pursuant to the provisions of Section 1 (hereinafter referred to as "Frequency - 5 -
assignment price") shall revert to the revenue of Informatization Promotion Fund (hereinafter referred to as "Informatization Promotion Fund") under the provisions of Article 33, the Basic Informatization Promotion Act. Article 12 (Frequency Assignment by Examination) When frequency will not be assigned pursuant to the provisions of Article 11 with respect to frequency noticed pursuant to the provisions of Section 1, Article 10, the Minister of Information and Communication shall examine any of the following for frequency assignment. 1. Efficiency of radio resources use 2. Equity of radio resources use 3. Need of the applicant for the relevant frequency 4. Technical and financial ability of the applicant Article 13 (Reasons for Disqualification of Frequency Assignment) Any person who falls under any of the following shall not obtain frequency assignment: 1. who is disqualified for the establishment of radio station pursuant to the provisions of Section 1, Article 20; 2. who is disqualified for the permission of infra-structural communication service pursuant to the provisions of Article 6, the Telecommunication Service Act (limited to any person who desires to operate infra-structural service); and 3. who is disqualified for the permission of cable television service or the registration of transmission service pursuant to the provisions of Article 13, the Broadcasting Service Act (limited to any person who desires to operate cable television service or transmission network service). Article 14 (Rights to Frequency) 1 Any person who obtains a frequency assignment under the provisions of Article 11 shall reserve the exclusive right to use such frequency (hereinafter referred to as "the right to frequency"). 2 Any person who obtains a frequency assignment under the provisions of Article - 6 -
11 may transfer the right to the frequency after the period as defined in the Presidential Decree. However, such person may transfer the right to the frequency before such period in the event of causes as defined in the Presidential Decree including bankruptcy of such person or changes of economic conditions. 3 Any person who acquires the right to a frequency under the provisions of Section 2 shall obtain the approval of the Minister of Information and Communication as defined in the Ordinance of the Ministry of Information and Communication. 4 Any person who obtains an approval under the provisions of Section 3 will succeed to the position of the person who obtains the frequency assignment and the facilities owner (limited to an event where the person who obtained the frequency assignment has reported the establishment of a radio station) pursuant to the provisions of Section 11. 5 The provisions of Article 13 shall apply to the transfer of the right to frequency. Article 15 (Use Period of the Assigned Frequency) 1 The Minister of Information and Communication shall determine and notice the use period of the frequency as assigned under the provisions of Article 11 within 20 years in consideration of the use conditions of frequency. 2 The use period of frequency as transferred under the provisions of Section 2, Article 14 shall be the remainder of the period under the provisions of Section 1. Article 16 (Reassignment) 1 Upon the expiration of use period, the Minister of Information and Communication may reassign the frequency to any person who has the right to the frequency at the time of expiration thereof, except any of the following: 1. if the owner of the right to the frequency does not want the reassignment; 2. if such frequency shall be used for national defense, public peace and rescue; 3. if ITU allocated such frequency for other business or use; or - 7 -
4. if the owner of the right to the frequency breaches the terms and conditions under Article 10.3. 2 If the Minister of Information and Communication will not reassign pursuant to Paragraph 1, 2 and 3 or will annex a new proviso to a person who obtains the reassignment of the frequency, the Minister of Information and Communication shall notify the owner of the right to the frequency thereof a year before the expiration of use period. 3 The Minister of Information and Communication may cause any person who obtains the reassignment of frequency under provision 1 to pay the frequency assignment price in the converted price as defined in the Presidential Decree. 4 If there is a considerable difference between the price converted under the provisions of Section 3 and economic value of such frequency at the time of reassignment in the opinion of the Minister of Information and Communication, the Minister of Information and Communication may cause any person who desires such reassignment to pay such amount as determined by mutual consultation with such person notwithstanding the provisions of this Article. Article 17 (Conversion) 1 If the frequency assigned as provided in Article 12 comes under each paragraph of Section 1, Article 11 in the opinion of the Minister of Information and Communication, the Minister of Information and Communication may convert such person who obtained the assignment of such frequency to the person who obtained the assignment of frequency under the provisions of Article 11. 2 The Minister of Information and Communication may cause any person who attempts to obtain the assignment of frequency under the provisions of Section 1 to pay such amount as calculated under the standards set forth in the Presidential Decree. 3 Any radio station that has been established by a person who converted under the provisions of Section 1 before such conversion shall be deemed to be a radio - 8 -
station that is reported and established under the provisions of Paragraph 3, Section 1 and Article 19. 4 The provisions of Article 10 and Section 2 of Article 11 shall apply to the conversion under the provisions of Section 1. Article 18 (Book of Right to Frequency) 1 The Minister of Information and Communication shall maintain and manage the book in which matters relating to the right to frequency are entered (hereinafter referred to as "the book of right to frequency") as defined in theordinance of the Ministry of Information and Communication for efficient management of the right to frequency. 2 Any person who desires to view the book of right to frequency or acquire a copy thereof shall apply therefor as defined in the Ordinance of the Ministry of Information and Communication. Chapter 4 Use of Radio Resources Paragraph 1 Permission and Operation of Radio Station Article 19 (Establishment of Radio Station) 1 Any person who desires to establish a radio station shall obtain permission from the Minister of Information and Communication as defined in the Presidential Decree. However, any radio station that comes under any of the following as defined in the Presidential Decree shall report to the Minister of Information and Communication as defined in the Ordinance of the Ministry of Information and Communication. 1. A radio station that transmits weak radio; 2. A radio station for reception only; and 3. A radio station established to provide telecommunication service by the person who obtained the assignment of frequency under the provisions of Article 11. 2 Notwithstanding the provisions of Section 1 above except each paragraph, if any - 9 -
person who desires to establish a radio station as defined in the Presidential Decree to receive telecommunication service as provided in Paragraph 7, Article 2 of the Basic Telecommunication Act enters into the service agreement with any person who provides such telecommunication service, such radio station shall be deemed to have obtained the permission from the Minister of Information and Communication. In such case, the provisions of Article 22, 24, 26, 32 and Article 69.1.2 shall not be applied. 3 If any telecommunication operator enters into a service agreement with any person who desires to establish a radio station under provision 1 shall inform the Minister of Information and Communication thereof as defined in the Ordinance of the Ministry of Information and Communication. 4 Notwithstanding the provisions of the proviso in Section 1 except each paragraph, a radio station as defined in the Presidential Decree including a radio station that transmits weak radio may not report to the Minister of Information and Communication for the establishment thereof. 5 Notwithstanding provision 1, any person who obtains the approval of use from the Minister of Information and Communication as defined in the Presidential Decree may establish a radio station. 6 Any work and classification of a radio station shall be determined by the Presidential Decree. Article 20 (Reasons for Disqualification) 1 Any person who falls under the following shall not establish a radio station, except the establishment under the provisions of the proviso of Section 1, Section 2 and Section 4 of Article 19. 1. is not a national of the Republic of Korea; 2. Foreign government or a representative thereof; 3. Foreign corporation or entity; 4. Any person who commits a crime as provided in this Act and is sentenced to imprisonment or heavier; no later than 2 years after date when the execution of - 10 -
such sentence has been terminated or it has been judged that such sentence will not be executed; or 5. Any person who commits a crime as provided in this Act, is sentenced to imprisonment or heavier punishments and is under probation; or 6. Any person who has been convicted for organizing a rebellion or causing a foreign invasion, who has been convicted for breaking the martial criminal law by helping enemies, or who has been convicted for breaching the National Security Law. 2 The provisions of Paragraph 1 through 3 of Section 1 shall not apply to any of the following radio stations: 1. An experimental station (refers to a radio station that is dedicated to experiments for scientific or technical development; the same shall apply hereinafter); 2. A radio station of a Ship under Article 4 of the Watercraft Safety Act; 3. A radio station of an aircraft used for domestic airlines as permitted under the proviso of Article 145 and the provisions of Article 148 of the Aviation Act; or 4. A radio station of the same kind as a radio station that is permitted to the government/representative or the public of the country that permits the establishment of radio station within such country to the government/representative or the public of Korea as following. A. A radio station that is established in the legation for communication between specific points including an embassy that operates diplomatic and consular works of the relevant country within Korea; B. An amateur station (refers to a radio station that is dedicated to self training and technical research for individual interest of radio technology; the same shall apply hereinafter); C. Other radio stations that operate land transportation works as defined in the Presidential Decree. 5. A radio station that is permitted from the Minister of Information and Communication during international or national events held within Korea; 6. An amateur radio station that is established by a person who comes under the following; A. A person who is qualified of amateur radio engineer of Korea under the provisions of Article 70; - 11 -
B. A person who desires to operate a radio station during a temporary stay within Korea (limited to a person who obtained the qualification of amateur radio engineer in the relevant country) as recommended from any organization designated by the Minister of Information and Communication. Article 21 (Permission to Establish Radio Station) 1 Any person who attempts to obtain permission to establish a radio station shall apply to the Minister of Information and Communication therefor as defined in the Presidential Decree. 2 Upon the application under the provisions of Section 1, the Minister of Information and Communication shall examine any of the following: 1. Possibility of frequency designation; 2. Whether radio equipment to be installed or operated will conform to technical standards under the provisions of Article 45; 3. Whether the arrangement plan of radio operators will conform to the standard of the personnel qualification and arrangement under the provisions of Article 71; 4. Whether radio equipment will conform to the terms and conditions of radio station establishment as defined in the Presidential Decree. 3 The Minister of Information and Communication may require the applicant to submit materials or hear the opinion of such applicant, if required in the examination under the provisions of Section 2. 4 Upon the examination under the provisions of Section, if it is determined that the application conforms to the provisions of each paragraph in the same Section, the Minister of Information and Communication shall permit the establishment of such radio station and grant a permit that lists the completion period of the radio station and other matters as defined in the Presidential Decree. The Minister of Information and Communication 5 Upon the permission of establishment, the Minister of Information and Communication shall notice thereof as defined in the Ordinance of the Ministry of Information and Communication. - 12 -
Article 22 (Effective Period) 1 Effective period of the permission shall not exceed 5 years subject to the Presidential Decree, and will be renewed upon the expiration thereof. 2 Notwithstanding the provisions of Section 1, effective period of radio station that shall be established compulsorily within ship or aircraft under the provisions of the Watercraft Safety Act or the Aviation Act shall be deemed to be limitless. 3 Effective period of the permission under the provisions of Section 1 shall start from the date when the certificate of completion inspection under the provisions of Section 3 and Article 24 is granted. However, effective period of the permission under the provisions of each paragraph of Section 1, Article 25 shall start from the date of such permission. Article 23 (Succession of Permission) 1 Any person who falls under any of the following shall succeed to the position of the facilities owner (except a person who establishes a radio station of Paragraph 3, Section 1 of Article 19). 1. Transferee in the event when the facilities owner transfers business thereof and a radio station associated with such business; 2. Corporation that survives the merger of facilities owner or is established by such merger; 3. Successor in the event of the succession by the facilities owner; or 4. Operator of ship or aircraft with radio station in the event when such operator of such ship or aircraft is changed by transfer or least agreement of such ship or aircraft. 2 Any person who comes under Paragraph 1 or 2 of Section 1 shall obtain the authorization as defined in the Ordinance of the Ministry of Information and Communication. 3 Any person who comes under Paragraph 3 or 4 of Section 1 and any person who desires to succeed to radio station as defined in the Presidential Decree - 13 -
shall report to the Minister of Information and Communication as defined in the Ordinance of the Ministry of Information and Communication. 4 The provisions of Article 20 shall apply to the authorization under Section 2 and the report under Section 3. 5 If the successor who succeed to the position of the facilities owner by the merger or succession of corporation is more than 2 persons, they shall elect one as the representative among them. Article 24 (Inspection) 1 If radio equipment is completed, any person who obtained the permission of establishment under Section 4, Article 21 shall report this to the Minister of Information Communication for the inspection of such radio equipment with respect to technical standards and the personnel qualification arrangement standard of radio operators (hereinafter referred to as the "completion inspection"). 2 When any person who obtained the permission of establishment under Section 4, Article 21 will apply for the extension of completion period listed in the permit under the provisions of the same Section, the Minister of Information and Communication may extend such completion period if the reasons therefore is deemed to be reasonable. In such case, total extended period shall not exceed 1 year. 3 When radio equipment will conform to technical standards as defined in Article 45 and radio operators will conform to the personnel qualification arrangement standard under Article 71 upon the inspection under Section 1, the Minister of Information and Communication shall grant immediately the certification of completion inspection to the applicant. 4 The Minister of Information and Communication shall implement regular inspection for radio station that obtained the permission of establishment under Section 4, Article 21 at the interval of period as defined in the Ordinance of the - 14 -
Ministry of Information and Communication within the scope of 5 years. The matters required for time, method and procedures of regular inspection shall be defined in the Ordinance of the Ministry of Information and Communication. 5 The Minister of Information and Communication may inspect technical standards, the qualification of radio operators and other matters, if a ship or an aircraft with radio station, particularly if it is required for efficient use and management of radio. 6 Notwithstanding Section 4, the Minister of Information and Communication may delay, exempt or omit regular inspection if it is deemed that such regular inspection will not be required to any ship or aircraft that is navigating overseas during the time of such regular inspection. Article 25 (Operation of Radio Station) 1 Radio station shall be operated after the completion inspection under Section 1 of Article 24, except any of the following; 1. Radio station as defined in the Presidential Decree including radio station installed in fisher boat, radio station of small scale and amateur station; 2. Radio station renewed under Section 1 of Article 22; 3. Radio station that requires no or simple installation of radio equipment as defined in the Presidential Decree; or 4. Radio station of ship or aircraft that obtained the permission in foreign country but does not arrive at the destination. 2 Radio station shall be operated within the scope as defined in the permit under Section 4 of Article 21, except any communication of the following; 1. Distress communication (refers to radio communication that a ship or an aircraft transmits first in the event of material or urgent crisis; the same shall apply hereinafter); 2. Urgent communication (refers to radio communication that a ship or an aircraft transmits first in the event when a material or urgent crisis is threatening; the same shall apply hereinafter); 3. Safety communication (refers to radio communication that a ship or an aircraft - 15 -
transmits first to prevent material risk occurred during aviation; the same shall apply hereinafter); 4. Emergency communication(refers to radio communication forlife rescue, disaster rescue, security of traffic communication or order maintenance in the event when wire communication is not available or rarely available if earthquake, typhoon, flood, tidal wave, fire or other emergency has been occurred or is threatening; the same shall apply hereinafter); 5. Other communication as defined in the Presidential Decree. Article 26 (Permission of Change) 1 When any person who obtained the permission of establishment under Section 4 of Article 21 desires to change the permitted matters as defined in the Presidential Decree, such person shall obtain the permission from the Minister of Information and Communication as defined in the Presidential Decree. 2 Any person who obtained the permission of change under Section 1 shall be inspected by the Minister of Information and Communication with respect to such change. 3 The provisions of Section 2 and 6 of Article 24, the provisions of Section 1, Article 25 except each paragraph shall apply to the change of permission under Section 1 in this Article. In such case, "radio station" of Section 2, Article 24 and Section 1, Article 25 except each paragraph shall be deemed to be "radio equipment". Article 27 (Communication Method and others) Radio station shall comply with the matters in relation to calling method, response method, operating time, quiet time, hearing obligation and other communication methods of radios station as defined in the Ordinance of the Ministry of Information and Communication for the operation thereof. Article 28 (Distress Communication and others) 1 The terms and conditions of radio station that shall be established in a ship or an aircraft under the Watercraft Safety Act or the Aviation Act shall be defined in the Ordinance of the Ministry of Information and Communication. - 16 -
2 When a coast station (refers to radio station that is established on land and not moved for the communication with ship station; the same shall apply hereinafter), ship station (refers to radio station that is established on board for marine business; the same shall apply hereinafter), aeronautical station (refers to radio station that is established on land and not moved for the communication with aircraft station; the same shall apply hereinafter) and aircraft station (refers to radio station that is established on the aircraft for aviation business; the same shall apply hereinafter) receive a distress communication, such station shall respond immediately thereto prior to all other radio communications, take the best actions including the notification to radio station at the most convenient location to rescue such ship or aircraft in distress and take such other required actions as defined in the Ordinance of the Ministry of Information and Communication upon the reception of urgent communication and safety communication. 3 If a ship station will enter into and exit the communication range of coast station, such ship station shall notify the coast station thereof. 4 An aircraft station shall contact an aeronautical station as defined in the Ordinance of the Ministry of Information and Communication during the flight thereof. Article 29 (Prevention of Interference and others) Radio station shall prevent interference that may affect the operation of other radio station or other interferences, except the communication under Paragraph 1 or 4, Section 2 of Article 25. Article 30 (Compliance of Communication Security) 1 Any facilities owner, any person who is engaged in radio communication and any person who uses radio equipment shall comply with the matters relating to communication security as defined in the Ordinance of the Ministry of Information and Communication. - 17 -
2 Any and all required matters relating to the education of communication security under Section 1 shall be as defined in the Ordinance of the Ministry of Information and Communication. Article 31 (Communication of Experimental Station and others) 1 Experimental stations shall not communicate with any experimental station of foreign countries. 2 Experimental stations shall not use any code in the communication with amateur station. 3 Amateur stations may communicate for third parties as defined in the Ordinance of the Ministry of Information and Communication. 4 Amateur stations may connect cable or radio access equipment to radio equipment for relay communication between cable and radio as defined in the Ordinance of the Ministry of Information and Communication. Article 32 (Closure of Radio Station and Suspension of its Operation) 1 When any facilities owner desires to close radio station or suspend its operation for 1 month or longer, such facilities owner shall report to the Minister of Information and Communication as defined in the Ministry of Information and Communication. 2 When any facilities owner (limited to a person who obtained the permission of establishment under Section 4 of Article 21) reports the closure of radio station, the effect of such permission shall become null and void. Article 33 (Applicable provisions) The provisions of Article 24, Section 1 of Article 25 except each paragraph and Article 26 shall apply to radio station of Paragraph 3, Section 3 of Article 19. In such case, the "Permission of change" among Section 1 of Article 26 shall be deemed to be the "report of change." - 18 -
Paragraph 2 Permission and Operation of Broadcasting Station Article 34 (Permission of Broadcasting Station) 1 Any person who desires to obtain the permission of broadcasting station shall obtain the recommendation of the Broadcasting Commission as defined in the Presidential Decree. 2 Upon the application for the permission of broadcasting under Section 1 of Article 21, the Minister of Information and Communication shall examine the following in addition Paragraph 1 or 3, Section 2 of the same Article: 1. Whether the terms and conditions of establishment will be satisfied under Article 33; 2. Other matters required for reasonable performance of broadcasting business as defined in the Presidential Decree. Article 35 (Terms and Conditions of Establishment) 1 Any person who desires to establish broadcasting station shall prevent interference with the reception of other broadcasting. 2 The matters required for the terms and conditions of establishment including installed location of broadcasting station for the prevention of interference, height/output of transmitting antenna and the characteristics of direction shall be as defined in the Presidential Decree. 3 When the application for the permission does not comply with the terms and conditions under Section 2, the Minister of Information and Communication may order the supplementation thereof including movement of installed location. Article 36 (Protection of Broadcasting Reception) 1 The owner of building that causes usually reception blockage of receivable broadcasting shall take an action required to remove such reception blockage. 2 The standard of typical receivable broadcasting under Section shall be as defined in the Ordinance of the Ministry of Information and Communication and the - 19 -
required matters relating to the removal of reception blockage shall be as defined in the Presidential Decree. Article 37 (Standard Broadcasting System) 1 The Minister of Information and Communication shall notice standard broadcasting system to facilitate efficient use of frequency for broadcasting business and the convenience of user. 2 Prior to decision or change of standard broadcasting system under Section 1, the Minister of Information and Communication shall hear the opinion of the interested parties. Paragraph 3 Operation of Space Communication Article 38 (Security of Satellite Orbit and Frequency) The Minister of Information and Communication shall take required actions to secure satellite orbit and frequency for space communication (hereinafter referred to as "satellite orbit and others"). Article 39 (International Registration of Satellite Orbit) 1 Any person who desires to secure satellite orbit and others to establish space station shall request the Minister of Information and Communication to apply for international registration of satellite network. 2 Upon the application under Section 1, the Minister of Information and Communication shall apply for international registration of satellite network pursuant to the Radio Regulations of ITU. 3 Any person who requested international registration of a satellite network under Section 1 shall assume costs and expenses of such registration. Article 40 (Interference Adjustment of Satellite Network) 1 The Minister of Information and Communication shall take actions to adjust interference with satellite network under the jurisdiction of foreign country. - 20 -
2 The Minister of Information and Communication may require any person who requested international registration of satellite network under Section 1 of Article 39 to submit materials required for the adjustment of interference. Article 41 (Assignment of Satellite Orbit and others) 1 The provisions of Article 10 through 18 shall apply to the assignment of the assignment of satellite orbit and others that have been obtained under international allocation of ITU and under direct application to ITU. 2 The Minister of Information and Communication shall assign to the relevant requestor satellite orbit and others that have been obtained under Section 39. Article 42 (Terms of Establishment) Space station shall have a capability to stop immediately the emission of radio waves and change its orbit by remote operation from the control facilities. Article 43 (Change of Satellite Orbit) When it is considered that it is required for interference adjustment and efficient use of radio resources, the Minister of Information and Communication may require the facilities owner of space station to change the satellite orbit within the scope that does not affect materially the implementation of its purpose. Article 44 (Registration of Satellite and others) 1 The Minister of Information and Communication shall register satellite and others launched by a nation of Korea on UN in accordance with the Treaty on the Registration of Outer Object. 2 The Minister of Information and Communication may require any person who launched satellite and others to submit materials required for the registration thereof. Chapter 5 Protection of Radio Resources - 21 -
Article 45 (Technical Standards) Radio equipment (except for the purpose of broadcasting reception) shall comply with technical standards as defined in the Ordinance of the Ministry of Information and Communication. Article 46 (Formal Examination, Formal Registration and others) 1 Any person who desires to produce or import any instrument of radio equipment shall obtain formal examination or take formal registration as implemented by the Minister of Information and Communication, except the instruments of radio equipment as defined in the Ordinance of the Ministry of Information and Communication including instruments of radio equipment for experiment, research or export. 2 Matters relating to the subject, method and procedures of formal examination or formal registration under Section 1 shall be as defined in the Ordinance of the Ministry of Information and Communication. In such case, the subject thereof shall be determined by mutual consultation with the head of the relevant central administrative agencies. 3 When the subject of formal examination or formal registration under Section 2 dose not display such formal examination or formal registration as defined in Ordinance of the Ministry of Information and Communication after formal examination or formal registration, such subject shall not be sold, or produced, displayed, stored, transported, or otherwise installed in radio station for the purpose of sale. 4 The Minister of Information and Communication may cause any testing institution designated the Minister(hereinafter referred to as "the designated testing institution") to test the performance thereof in formal examination or formal registration. 5 The provisions of Article 33-2 and Article 52 shall apply to the designation and cancellation of the designated testing institution. - 22 -
Article 47 (Installation of Safety Facilities) Radio station shall install safety facilities in accordance with the standards as defined the Ordinance of the Ministry of Information and Communication in order that it will not harm human body or damage objects. Article 47-2 (Standard on Protection of Human Body from Radio Waves) 1 Considering the impact of radio waves from radio equipment and others on human body, the Minister of Information and Communication shall notice decide and notice the standards of human body protection from radio waves, the standards of electromagnetic strength measurement, the standards of electromagnetic absorption rate measurement, the instruments to be measured, the methods of measurement and others. 2 Any facilities owner of radio equipment or any person who desires to produce and import instruments of radio equipment shall ensure that the strength of radio waves radiated from such radio equipment will not exceed the standards of human body protection from radio waves, and shall install safety facilities so that only authorized person will access to the site that exceeds such standards. Article 48 (Efficient Use of Radio Facilities) 1 Any facilities owner shall obtain the approval from the Minister of Information and Communication as defined in the Presidential Decree, if necessary, for efficient use of radio facilities to lease, consign the operation of or use jointly with others all or part of such radio facilities. 2 The Minister of Information and Communication may order any facilities owner to use jointly all or part of radio facilities, as required to protect natural environment. 3 Matters relating to common use, subject and requirements under Section 2 shall be as defined in the Presidential Decree. Article 49 (Monitoring of Radio Waves) 1 The Minister of Information and Communication shall implement the monitoring - 23 -
of radio waves to facilitate efficient use of radio wave, remove promptly interference, maintain and protect the order of radio wave use. 2 The radio wave monitoring under Section 1 will include any of the following: 1. Quality measurement of radio waves including deviation and bandwidth of frequency used in radio station; 2. Detection of radio waves that cause interference; 3. Detection of radio waves emitted from radio station without permission; 4. Detecting the direction of communication under Section 2 of Article 28, radio waves emitted from radio station without permission and radio waves to be investigated with respect to interference; 5. Compliance of matters under Article 25, 27 and 30; and 6. Other matters as defined in the Presidential Decree to maintain and protect the order of electromagnetic use. Article 50 (International Monitoring of Radio Waves) 1 The Minister of Information and Communication shall implement international monitoring of radio waves including the monitoring of radio waves emitted foreign radio station, interference analysis and its removal. 2 To implement such business under Section 1, the Minister of Information and Communication shall install and operate necessary facilities. Article 51 (Investigation of Interference) 1 The Minister of Information and Communication shall investigate interference or electromagnetic interference by radio equipment, power cable or other electric facilities. 2 When it is determined that there is interference or electromagnetic interference as a consequence of such investigation under Section 1, the Minister of Information and Communication may order such required actions as improvement or suspension of such facilities, or request the head of central administrative agencies to order such required actions. - 24 -
Article 52 (Protection of Wireless Direction Measuring Equipment) 1 Any person who desires to construct any structure or building as defined in the Presidential Decree that may threaten to interfere with radio waves within 1km from the location of wireless direction measuring equipment installed by the Minister of Information and Communication shall obtain the approval from the Minister of Information and Communication. 2 The Minister of Information and Communication will notify publicly the installed location of wireless direction measuring equipment under Section 1. However, the Minister of Information and Communication will inform the head of the relevant administrative agencies thereof, if necessary for communication security. Article 53 (Investigation and Action) 1 When any person is acknowledged to have breached the provisions of Article 19, 25, 26, 29, 45, 46, 52, 57 and 58, the Minister of Information and Communication will order the competent officer to investigate or test such person as defined in the Ordinance of the Ministry of Information and Communication. 2 When the breach is found as a consequence of such investigation or test under Section 1, the Minister of Information and Communication may order such required actions as correction, removal, destruction, withdrawal or suspension to the owner, manufacturer of such facilities or any person who sell, display, store or transport such facilities as defined in the Ordinance of the Ministry of Information and Communication. Article 54 (Furnishing of Materials) 1 In the event of disputes between facilities owners, either facilities owner may request the Minister of Information and Communication to furnish such required materials as current condition of radio wave use in the disputed region. In such case, the Minister of Information and Communication shall respond thereto except special reasons. 2 The Minister of Information and Communication shall, as required to furnish - 25 -
such materials under Section 1, delegate the competent officer to investigate or confirm necessary matters and inform the disputed parties of the results thereof. Article 55 (Measurement of Radio Wave Environment) 1 The Minister of Information and Communication shall take required actions to protect radio wave environment including the measurement of radio wave environment. 2 Matters relating to the measurement of radio wave environment under Section 1 shall be as defined in the Ordinance of the Ministry of Information and Communication. Article 56 (Standard of Electromagnetic Interference Prevention and others) The standard of electromagnetic interference prevention for the instruments interfered by radio waves and the standard of electromagnetic protection for the instruments affected by radio waves shall be as defined in the Ordinance of the Ministry of Information and Communication. Article 57 (Registration of Electromagnetic Compatibility) 1 Any person who desires to manufacture or import instruments interfered or affected by radio waves shall register the electromagnetic compatibility to the Minister of Information and Communication, except the instruments as defined in the Ordinance of the Ministry of Information and Communication including instruments of radio equipment for testing, researching or export, and the instruments that have been examined with respect to the protection from electromagnetic interference and radio waves pursuant to the registration of electromagnetic compatibility under this Act in accordance with the relevant statues as following<revised 2000.12.29, 2003.5.29>; 1. Items certified with a KS mark under the Industrial Standardization Act; 2. Electric supplies obtained formal approval under the Electric Supplies Safety Administration Act; 3. Industrial products received safety inspection in accordance with the Quality Management and Industrial Safety Management Act; 4. Electric communication machines and materials obtained formal approval in - 26 -
accordance with the Basic Electric Communication Act; 5. Automobiles obtained formal approval in accordance with the Auto Administration Act; 6. Fire instruments obtained formal approval in accordance with the Act on the Fire Facilities Installation, Maintenance and Safety Administration; and 7. Medical devices obtained item permission in accordance with the Medical Devices Act. 2 The provisions of Section 2 through 5 in Article 45 shall apply to the instruments of electromagnetic compatibility registration. In such case, the "Mark of Formal Approval" or the "Mark of Formal Registration" among Section 3 of Article 46 shall be deemed to be the "Mark of Electromagnetic Compatibility Registration". Article 58 (Radio Wave Application Facilities for Industry, Science, Medicine and others) 1 Any person who desires to operate any of the following shall obtain the permission from the Minister of Information and Communication: 1. Equipment designed to use for industry, science, medicine, home or other similar purposes in the limited location due to the generation of radio wave energy as defined in the Presidential Decree; 2. Communication, telephone and other communication equipment that conducts the current of 9kH or higher on the cable(excluding cable delivery equipment and bare wire delivery equipment of parallel 2-wire type); 2 Upon the application under Section 1, the Minister of Information and Communication shall permit such application if such application will comply with technical standards under Article 45 and will not interfere with other communications. 3 The provisions of Section 4 of Article 21, Article 24 to 26, Article 32, 45 and 72 shall apply to the equipment permitted under Section 1 of this Article. - 27 -
Chapter 6 Promotion of Radio Wave Article 59 (Basic Radio Wave Promotion Plan) 1 The Minister of Information and Communication shall establish, implement and notify publicly basic radio wave promotion plan for the promotion of radio wave use, the development of new technology and the development of broadcasting device industry. 2 The basic radio wave promotion plan shall include any of the following: 1. Basic direction of radio wave industry; 2. Development of new radio resources; 3. Enhancement and support of radio wave use technology and facilities thereof; 4. Development and distribution of radio wave media; 5. Development of space communication; 6. Establishment of radio wave use order; 7. Cultivation of radio wave specialists; 8. Matters relating to the standardization of radio waves; 9. Improvement of radio wave environment; and 10. Other matters required for the promotion of radio waves. Article 60 (Disclosure of Frequency Use Status) 1 The Minister of Information and Communication shall disclose current frequency use status, as necessary for the promotion of radio wave use. 2 Matters relating scope, procedure and timing of such disclosure under Section 1 shall be as defined in the Ordinance of Information and Communication. Article 61 (Research of Radio Wave) 1 The Minister of Information and Communication shall fulfill research required for the promotion and protection of radio wave use. 2 The research fulfilled under Section 1 shall include the following: 1. Research on technical standards; 2. Research on radio wave analysis and frequency allocation techniques; - 28 -