Electronic Communications Act, 2008 ACT 775 (2) The Spectrum Management Committee is subject to section 58 responsible for the allocation of frequency bands to electronic communications operators or service providers in the country. (3) The Committee consists of (a) the Director-General of the Authority, (b) the representative of the National Security Council on the Board of the Authority, (c) one representative of (i) the Civil Aviation Authority, (ii) the Centre for Scientific and Industrial Research, (iii) the public universities, (iv) the National Maritime Authority, and (v) the National Media Commission. Allocation of frequency bands 60. (1) Subject to subsection (2) and despite any frequency authorisation granted by the Authority, the Authority may, in accordance with the spectrum plan, allocate and reallocate a frequency band. (2) The Authority shall give priority to the needs of the Government in respect of matters of national security in the allocation and re-allocation of a frequency band. . (3) The Authority may terminate a frequency authorisation if the authorisation holder refuses to migrate to the new technology as a result of change of technology. Considerations for allocation of frequency 61. The Authority in performing its functions under sections 58, 59 and 60 shall take into account (a) the impact of the spectrum plan on existing and future use, . (b) the efficient use of the spectrum, (c) any applicable regional agreements, standards and arrangement, (d) any applicable international standards, International Telecommunication Union Treaties and other international agreement, and (e) any other relevant matters having regard to the circumstances of the case. 46

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