S.L. 399.48 Art. 33Conditions attached to individual rights of use for radio spectrum.

(1) The Authority shall attach conditions to individual rights of use for radio spectrum in accordance with regulation 7(1) in such a way as to ensure optimal and the most effective and efficient use of radio spectrum.

(2) The Authority shall, before the assignment or renewal of any rights under sub-regulation (1) clearly establish any such conditions, including the level of use required and the possibility to fulfil that requirement through trading or leasing, in order to ensure the implementation of those conditions in accordance with regulation 20:

Provided that conditions attached to renewals of right of use for radio spectrum shall not provide undue advantages to existing holders of those rights:

Provided further that the Authority in making such conditions shall specify the applicable parameters, including any deadline for exercising the rights of use, the non-fulfilment of which would entitle the Authority to withdraw the right of use or impose other measures.

(3) The Authority shall, in a timely and transparent manner, consult and inform interested parties regarding conditions attached to individual rights of use before their imposition. In doing so the Authority shall determine in advance and inform interested parties, in a transparent manner, of the criteria for the assessment of the fulfilment of those conditions.

(4) The Authority may specify that certain conditions shall not apply to such categories of undertakings as may be specified by the Authority.

(5) The Authority shall ensure that where a requirement is specified as a condition of a right of use for radio spectrum, such a requirement shall not be specified as a condition of the general authorisation.

(6) Any person authorised to use radio spectrum, shall pay to the Authority such fees for rights of use of radio spectrum as may be established under Part B of the Twelfth Schedule: Provided that in all cases, any such fees shall be established in accordance with regulation 31.

(7) When attaching conditions to individual rights of use for radio spectrum, the Authority may, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage, provide for the following possibilities:

(a) sharing of radio spectrum or sharing of passive or active infrastructure which relies on radio spectrum;

(b) commercial roaming access agreements; or

(c) joint roll-out of infrastructures for the provision of networks or services which rely on the use of radio spectrum.

(8) The Authority shall not prevent the sharing of radio spectrum in the conditions attached to the rights of use for radio spectrum.

(9) Implementation by undertakings of conditions attached pursuant to sub-regulation (7) shall remain subject to competition law.