Digital Infrastructure Bill · As enacted · Part 4 · Licensing of Data Centre Operators
24. Application for grant or renewal of DC licence
Official textFrom Singapore Statutes Online, unchanged
A person that wishes to operate a data centre in Singapore may apply to the Authority for the grant or renewal of a DC licence under this section.
A consortium of persons that wishes to form a corporation to operate a data centre in Singapore may apply to the Authority for the grant of a DC licence to the proposed corporation under this section.
An application under subsection (1) or (2) must be —
made in writing to the Authority in the form and manner determined by the Authority;
accompanied by such information and documents as may be determined by the Authority;
accompanied by such application fee as may be prescribed; and
in the case of an application for the renewal of a DC licence under subsection (1), made not later than one year or such other period before the expiry of the licence as may be prescribed (called in this section the renewal period).
The Authority may invite persons to make applications for the grant of DC licences under subsection (1) or (2) in conjunction with any, or any combination, of the following methods in accordance with regulations made under section 67:
applications for the grant of DC licences for the allocation of limited data centre capacity under a competitive process;
applications for the grant of DC licences for the allocation of limited data centre capacity under a non‑competitive process to applicants whose current and proposed business activities in Singapore (including but not limited to activities related to the operation of data centres) will, in the opinion of the Authority —
likely be of significant economic or strategic importance to the growth, expansion, development or wellbeing of Singapore’s economy, including Singapore’s status as a hub for technological innovation or other business activities that will enhance the international standing or competitiveness of Singapore’s economy; or
likely contribute significantly to the development or enhancement of Singapore’s status as a digital economy.
A person who has in force a DC licence may operate a data centre using electricity generated from any energy sources permitted by law, but subject to any limitations specified under any condition of the licence relating to permitted energy sources.
Upon consideration of an application made under subsection (2), the Authority may —
refuse the application; or
give the applicants written notice of the Authority’s in‑principle support for the grant of a DC licence to the proposed corporation on the condition that —
the proposed corporation is formed; (ii)the proposed corporation adopts the statements (including representations and commitments) made and particulars, information and documents furnished by the applicants in making the application, as if they were made or furnished by the proposed corporation; and
the applicants fulfil or the proposed corporation fulfils any other requirement that the Authority may specify in the written notice.
The proposed corporation, upon being formed and adopting the statements, particulars, information and documents mentioned in subsection (6)(b)(ii), becomes the applicant in respect of the application originally made by the consortium under subsection (2), and the application is treated thereafter as an application made by the proposed corporation under subsection (1).
Upon receiving an application made under subsection (1) (including an application mentioned in subsection (7) that is treated as an application made under subsection (1)), the Authority may —
grant a DC licence to, or renew the DC licence of, the applicant; or
refuse to grant a DC licence to, or renew the DC licence of, the applicant.
Subject to the provisions of this Act, an applicant of an application under subsection (1) (including an application mentioned in subsection (7) that is treated as an application made under subsection (1)) is eligible for the grant or renewal of the DC licence if, and only if —
the applicant has paid the prescribed licence fee, if any; and
the applicant satisfies any other requirements that may be prescribed for such grant or renewal.
Without affecting subsection (9), the Authority may refuse to grant a DC licence to, or renew the DC licence of, an applicant if, in the Authority’s opinion —
it is not in the public interest to grant or renew the licence; or (b)the grant or renewal of the licence may pose a threat to national security.
Where a person submits an application for the renewal of the person’s DC licence before the start of the renewal period, the licence continues in force beyond the expiry date until the date on which the licence is renewed or the application for its renewal is refused, as the case may be.
The Authority may, on the application of a person and on any terms that the Authority thinks appropriate, by notice abridge the renewal period mentioned in subsection (3)(d), and an application for the renewal of the person’s DC licence submitted before the start of the abridged renewal period is treated as submitted before the start of the renewal period for the purposes of subsection (11).
An applicant which is located outside Singapore may appoint a person in Singapore to accept service of notices and other documents under this Act.
In this section, “data centre capacity”, in relation to one or more DC licences, means the critical IT load at which the data centres may be operated under the licences.
Part 5
Reconsiderations and Appeals
Part 6
Enforcement
Part 7
Miscellaneous
Part 8
Related Amendments to Cybersecurity Act 2018
Part 9