58 (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.

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