MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou
dice to any initial grace period established in the contract. Concession contracts may also estab - lish forms of remuneration other than payment in cash, namely, the “use of issuance time by grantor”. Furthermore, the licensing regime for satellite television broadcasting activity is regulated by Decree-Law No 3/98/M, dated 19 January 1998, with regard to: • installation and operation of satellite television broadcasting telecommunications systems; and • provision of satellite television broadcasting telecommunications services. A licence for the installation and operation of the system or for the provision of telecommu - nications services for satellite television broad - casting may be requested by telecommunica - tions companies with headquarters and a place of effective management in Macau, and which demonstrate technical suitability and adequate economic and financial capacity. The licence is requested through the Macau Post Office, which is the competent entity to organise and instruct the licensing process and analyse the request, and it is assigned by order of the Chief Execu - tive, who sets out, on a case-by-case basis, the terms and conditions for exercising the activity. The holder of a licence to exercise the activity of satellite television broadcasting is required to pay the following fees to the Macau Post Office: • installation and operation of the system ‒ from MOP100,000 to 1 million, depending on the complexity and purpose of the system; • provision of the service ‒ MOP100,000 for each broadcast programme; and
• an annual operating fee, corresponding to 1.5% of the respective gross operating rev - enues from licensed systems or services and subsidiary activities. Additionally, systems and services of space telecommunications or via satellite, may also be granted licences by procedure similar to the satellite broadcasting services. The appli - cable fees are also similar, but the annual fee may be replaced by a fixed amount between MOP100,000 and 500,000, to be waived in the Online video channels such as YouTube would fall under the scope of Administrative Regulation No 24/2002, of 4 November 2002, which sub - jects the provision of internet services to prior licensing; however, as previously indicated, the use of such technologies through internet con - nection by existing duly licensed telecommuni - cations entities should not require any further licensing, without prejudice to the applicable telecoms rules. first year of operation. Online Video Channels
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements
The telecommunications sector in Macau is framed by Law No 14/2001, of 20 August 2001 (the “Telecommunications Act”), which defines the basis of the telecommunications policy of the MSAR, as well as the general framework for the establishment, management and opera - tion of telecommunications networks and the provision of telecommunications services. The provisions of said law do not, however, apply to television and sound broadcasting services, ter - restrial or satellite, which are subject to specific
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