(2) Before making radiocommunications rules under subsection (1), the Commission shall conduct a public consultation and publish a draft of the radiocommunications rules. Obtaining a radiocommunications licence 35) A person may apply to the Commission for an apparatus or spectrum licence accordance with the radiocommunications rules. (2) in The Commission shall issue an apparatus or spectrum licence to an applicant provided that— a) b) 2) d) if required, the application has been made pursuant to and consistent with a request for applications published by the Commission; the applicant’s application complies with the radiocommunications rules; the applicant pays any applicable application fee to the Commission; the applicant meets the eligibility criteria for the licence the application is consistent with the spectrum plan and any other spectrum planning instruments made by the Commission; and 8) in circumstances where a method of selecting applicants is specified in the radiocommunications rules and the applications for licences exceed the available spectrum, the applicant has been selected in accordance with those rules. 3) Except in circumstances where a method referred to in subsection (2)(d) is used, the Commission may only refuse to issue an apparatus or spectrum licence after consultation with the applicant. 4) The Commission shali publish all apparatus licences, spectrum licences and permits issued under this Act. Licence conditions 36.) It is a condition of a licence that the licensee— a) comply with this Act; b) ¢) (2) pay any applicable licence fees to the Commission; and comply with any applicable general conditions imposed under this Act and any special conditions imposed under subsection (2). The Commission may impose special licence conditions that shall apply to a licensee other than a person registered under a class licence. Licence fees 37.— The Commission shall make licensing rules specifying the annual licence fees payable to the Commission by a licensee. (2) Before making licensing rules under subsection (1), the Commission shall conduct a public consultation and publish a draft of such licensing rules. 3) Licensing rules under subsection (1) shall determine annual fees for licences for a communications network or service in accordance with the following principles— 18

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