MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou
The fees related to the use of the radio spectrum, on the other hand, are set out in Administrative Regulation No 8/2006, dated 12 June 2006. Voice-Over-IP and Instant Messaging On specific technologies such as voice-over-IP and instant messaging, the applicable legisla - tion would be the Administrative Regulation No 24/2002, of 4 November 2002, which subjects the provision of internet services to prior licens - ing, to be requested from the Chief Executive by filing an application with the Macau Post Office, signed by a person with the power to bind the applicant, and whose respective signature and the quality thereof must be certified by a notary. The application must contain the following docu - ments: • proof that the applicant is a commercial com - pany duly incorporated in the MSAR, whose scope of business includes the provision of internet services; • proof that the applicant has the necessary technical capacity and experience adequate to fulfil the obligations and further specifica - tions of the licence the applicant proposes to obtain, having, namely, a body of qualified personnel for the development of the activity; • proof that the applicant has adequate finan - cial and economic capacity; • proof that the applicant has up-to-date and adequate accounting of the analysis required for the project they wish to develop; • a detailed proposal relating to the operation of the services, presented as a technical plan to be developed, that must contain, namely, the configuration of the technological sys - tems to be used, with reference to access methods and the necessary equipment, as well as planning of the development of the systems and services;
• an economical and financial plan that includes the price system to be adopted; • the applicant’s organisational structure, including the identities and CVs of its main responsible personnel, as well as, where pos - sible, financial statements and audit reports in relation to the accounts of the three prior fiscal years; and • any other elements that the applicant deems relevant for a decision on its request. The licence shall specify the applicable fees and their respective payment period. Namely, the provider is subject to licence issuance and renewal rates of MOP2,000, and to an annual operating fee of MOP1,000 from the year after the licence is issued, to be paid during the month of January each year. These fees do not exempt the service provider from the payment of other fees and taxes that are legally owed. It should be noted, however, that the use of such technologies through internet connection by existing, duly licensed telecommunications entities should not require any further licensing, without prejudice to the applicable telecoms rules. RFID Tags Regarding RFID tags, the Decree-Law No 18/83/M subjects the possession of radio equip - ment that can transmit, receive or transmit/ receive, as well as the establishment or use of a radio station or network, to prior government authorisation. However, exceptions to this rule are reduced radio equipment power and short range, included in categories set out in Chief Executive Dispatch No 198/2014, dated 14 July 2014, as well as the receivers of the radio and television broadcasting service. Therefore, RFID tags in the 13.553–13.567 MHz and 920–925 MHz frequency bands, with a maximum equiva -
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