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(2) For the purposes of subsection (1) the Authority must—
(a)
(6)
(c}
establish and maintain a national spectrum management system that is transparent, fair, non-discriminatory
and economically efficient;
publish on its website national frequency allocation plans;
ensure that all plans, systems, licences and decisions relating to spectrum are in accordance with the
standards and regulations of the International Telecommunications Union and other international and
regional treaties, commitments, protocols and standards;
{d)
(e)
(f)
(g)
monitor and enforce compliance with spectrum licences;
take enforcement action promptly to ensure effective protection of licensed radio spectrum bands from
interference;
adopt decisions that are technologically neutral and which allow for evolution to new technologies and
services; and
rely on voluntary industry standards in lieu of regulations to the extent that such industry standards
achieve the objectives in section 3 and the requirements of this section and provided such standards are
non-discriminatory.
(3) The Authority must establish and chair a liaison committee to address allocation and assignment of radio
spectrum for use by the following departments and agencies—
(a) military;
(b) police;
(c} security services;
(d) coast guard;
(e}
ambulance and fire brigade services;
(g)
any other department or agency approved by the Authority.
(f
Broadcasting Licensing Authority; and
(4) The Authority shall allocate broadcasting spectrum in the national spectrum allocation plan coordinated
with the technical standards for broadcasting.
Spectrum licence
40.—(1)
No person may use any radio frequencies except—
(a) under the authority of a spectrum licence;
(b)
(c)
any foreign vessel or aircraft or any transit service passing through Fiji’s territorial waters, skies or
territories or landing in its seaports or airports on condition that it holds the necessary international
radio spectrum licences from its own country; or
any foreign embassy established in Fiji on condition of the same reciprocal treatment in that country
and the acquisition of a renewable permit.
(2) The Authority may exempt usage of frequencies from subsection (1) if—
fa)
{b)
particular equipment is unlikely to cause significant interference due to the level of power employed or
where international recommendations and standards provide for unlicensed use; or
the risk of harm to other users is ontweighed by the benefits to the population from permitting usage on
an unlicensed basis.
(3) The Authority shall assign the broadcasting spectrum in the national spectrum allocation plan to the Broadcast
Licensing Authority established under the Broadcast Licensing Act 2006 for further licensing to broadcasters.
(4) The Authority shall co-operate with the Broadcast Licensing Authority in preparing the Broadcasting
Frequency Plan required under the Broadcast Licensing Act 2006.
(5) A person who uses a radio frequency without a spectrum licence commits an offence and is liable on
conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 4 years.