Article 79 Radio Licenses
79.1 No person shall install, operate, or possess radio equipment or use a radio frequency except under and in accordance with a radio license.
79.2 The Commission shall issue radio licenses in accordance with the provisions of the Commission statutes. After approval of the National Frequency Spectrum Plan and the Frequency Spectrum Management Procedures pursuant to this Chapter, the issuance of radio licenses shall also be consistent with the Plan and Procedures.
79.3 The Commission may issue a decision from time to time deeming specific types of radio frequency uses to be licensed pursuant to the Act and this Chapter.
Article 80 National Frequency Spectrum Plan
80.1 The Commission shall prepare a National Frequency Spectrum Plan or any amendments thereto for the approval of the Council of Ministers in accordance with Article Twelve of the Act. The Commission shall be responsible for management of the frequency spectrum in accordance with the National Frequency Spectrum Plan.
80.2 The National Frequency Spectrum Plan shall allocate frequency spectrum among different types of use and prescribe technical standards for use of the spectrum. The spectrum allocation shall be consistent with international and regional regulations, agreements and standards.
80.3 In preparing the National Frequency Spectrum Plan, the Commission shall:
a ) Determine allocation of frequency spectrum in accordance with the objectives of Article Three of the Act;
b ) Co-ordinate with the concerned authorities;
c ) Manage national and international co-ordination of frequencies;
d ) Promote efficient use of the frequency spectrum and reserve spectrum for future usage; and
e ) Co-ordinate frequency allocations and assignments with those of other countries
80.4 The Commission shall assign frequency spectrum in accordance with international and regional regulations, agreements, and standards, and the National Frequency Spectrum Plan. It shall set a plan for distribution and usage of frequencies assigned for civil and commercial purposes, and shall submit the same to the Minister for approval, in accordance with Article Twelve of the Act.
80.5 The Commission shall prepare a National Frequency Register in accordance with the national interest and with Article Twelve of the Act. The National Frequency Register shall include all information related to the frequency spectrum, its use, and its users, and the Commission shall publish information concerning the civilian and commercial use of the radio spectrum.
Article 81 Frequency Spectrum Management Procedures
The Commission may prepare and publish procedures related to the management of the frequency spectrum, including procedures dealing with:
a ) Classes of radio licenses and radio equipment licenses
b ) Conditions for radio and radio equipment licenses;
c ) Radio and radio equipment license application procedures, including standard information requirements and application forms;
d ) License fees;
e ) Enforcement procedures; and
f ) Other matters that the Commission considers necessary to ensure the orderly management of the frequency spectrum
Article 82 Limitation on Frequency Usage
The Commission may limit the number of radio licenses, provided it has considered the following objectives:
a ) Promoting benefits for users of telecommunications services and other users of frequency spectrum;
b ) Facilitating the development of competition; and
c ) Promoting efficiency and innovation in use of frequency spectrum
Article 83 Enforcement
83.1 In accordance with Article Fourteen of the Act, and subject to Article 18 of this Bylaw and paragraph 83.2 of this Article, the Commission may suspend or revoke a radio license where the Commission determines that the radio licensee has acted in violation of the terms of the license.
83.2 Prior to suspending or revoking a radio license, the Commission shall:
a ) Inform the radio licensee in writing that it is in the process of suspending or revoking the radio license, as the case may be;
b ) Afford the radio licensee a reasonable opportunity to remedy the violation noted by the Commission and to answer the Commission in writing as to the grounds on which the radio license should not be suspended or revoked