24 CAP. 399.] ELECTRONIC COMMUNICATIONS (REGULATION) 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. Management of radio spectrum. Added by: VII. 2004.23. Re-numbered by: XII. 2010.5. Amended by: IX. 2011.3. Substituted by: IX. 2011.27. Amended by: VIII. 2014.44. Substituted by: LII. 2021.40. 38. (1) The Authority shall ensure the effective management of the radio spectrum for electronic communications networks and services in Malta in accordance with articles 4 and 4A. In doing so the Authority shall take into account that the radio spectrum is a public good that has an important social, cultural and economic value. (2) Without prejudice to specific criteria and procedures adopted to grant rights of use of radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with European Union law: (a) no exclusive or special rights of use of radio spectrum shall be granted for the provision of electronic communications services; and (b) the Authority shall in the exercise of its functions with regard to the allocation of, the issuing of general authorisations in respect of, and the granting of individual rights of use for radio spectrum for electronic communications networks and, or services, act in accordance with objective, transparent, procompetitive, non-discriminatory and proportionate criteria. (3) In applying the provisions of this article, the Authority shall respect relevant international agreements, including the ITU Radio Regulations, and other agreements adopted in the framework of the ITU applicable to radio spectrum and may take public policy considerations into account. (4) Upon the grant of rights for the use of radio spectrum and in

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