Cap. 399 Art. 37Authorisation of the use of radio spectrum.

(1) The Authority shall facilitate the use of radio spectrum, including shared use, under general authorisations issued under this Act or following individual rights of use for radio spectrum authorised by the Authority in accordance with this Act, or following explicit authorisation in accordance with any other law.

(2) The Authority shall limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use because of demand and taking into account the criteria set out in this sub-article. In all other cases, the Authority shall set out the conditions for the use of radio spectrum in a general authorisation. To this end the Authority shall decide on the most appropriate regime for authorising the use of radio spectrum, taking account of:

(a) the specific characteristics of the radio spectrum concerned;

(b) the need to protect against harmful interference;

(c) the development of reliable conditions for radio spectrum sharing, where appropriate;

(d) the need to ensure technical quality of communications or service;

(e) the objectives of general interest as laid down by the Minister in accordance with European Union law; and

(f) the need to safeguard efficient use of radio spectrum.

(3) When considering whether to issue general authorisations or to grant individual rights of use for the harmonised radio spectrum, taking into account technical implementing measures adopted in accordance with Article 4 of Decision No. 676/2002/EC, the Authority shall seek to minimise problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of general authorisation and individual rights of use:

Provided that where appropriate, the Authority shall consider the possibility to authorise the use of radio spectrum based on a combination of general authorisation and individual rights of use, taking into account the likely effects of different combinations of general authorisations and individual rights of use and of gradual transfers from one category to the other on competition, innovation and market entry.

(4) The Authority shall seek to minimise restrictions on the use of radio spectrum by taking appropriate account of technological solutions for managing harmful interference in order to impose the least onerous authorisation regime possible.

(5) When taking a decision pursuant to sub-articles (1) and (2) with a view to facilitating the shared use of radio spectrum, the Authority shall ensure that the conditions for the shared use of radio spectrum are clearly set out. Such conditions shall facilitate efficient use of radio spectrum, competition and innovation.