S.L. 399.48 Art. 40Co-ordinated timing of assignments.

(1) The Authority shall cooperate with the relevant competent authorities in other Member States in order to coordinate the use of harmonised radio spectrum for electronic communications networks and services in the European Union, taking due account of the different national market situations. This may include identifying one, or, where appropriate, several common dates by when the use of specific harmonised radio spectrum shall be authorised.

(2) Where harmonised conditions have been set by technical implementing measures in accordance with Decision No 676/2002/EC in order to enable the radio spectrum use for wireless broadband networks and services, the Authority shall allow the use of that radio spectrum, as soon as possible and at the latest thirty months after the adoption of that measure, or as soon as possible after the lifting of any decision to allow alternative use on an exceptional basis pursuant to regulation 32(2). This is without prejudice to Decision (EU) 2017/899 and to the right of initiative of the European Commission to propose legislative acts.

(3) The Authority may delay the deadline provided for in sub-regulation (2) for a specific band under the following circumstances:

(a) to the extent justified by a restriction to the use of that band based on the general interest objective provided in regulation 32(6)(a) or (d);

(b) in the case of unresolved cross-border coordination issues resulting in harmful interference with third countries, provided the Authority has, where appropriate, requested European Union assistance pursuant to regulation 19(5);

(c) safeguarding national security and defence; or

(d) force majeure.

Provided that the Authority shall review any such delay at least every two years.

(4) The Authority may delay the deadline provided for in sub-regulation (2) for a specific band to the extent necessary and up to thirty months in the case of:

(a) of unresolved cross-border coordination issues resulting in harmful interference between Malta and another Member State or Member States, provided that the Authority takes all necessary measures in a timely manner pursuant to regulation 19(3) and (4);

(b) of the need to ensure, and the complexity of ensuring, the technical migration of existing users of that band.

(5) In the event of a delay under sub-regulation (3) or (4), the Authority shall inform the other Member States and the European Commission of such a delay in a timely manner, stating the reasons.