[RT I 2007, 66, 408 – entry into force 01.01.2008] (2) Management of radio frequencies consists in international and national planning of radio frequency bands, coordination of radio frequencies and organisation of use of radio frequencies, publication and updating of information concerning the rights and conditions related to the use of radio frequencies and exercising of supervision in accordance with international agreements, the European Union law and this Act. Management of radio frequencies is based on objective, transparent, non-discriminatory and proportionate criteria, taking into account, among other things, the economic, safety, public health and public interests, freedom of expression, cultural, scientific, social and technical aspects of Estonia and the European Union as well as the various interests of users of radio frequencies. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) Radio frequencies shall be managed in adherence to the need to achieve harmonisation of use of radio frequencies across the European Union. (4) Upon performing their duties, the Ministry of Economic Affairs and Communications and the Consumer Protection and Technical Regulatory Authority shall take account of the recommendations of the European Commission on the management of radio frequencies to the greatest extent possible. If the Ministry of Economic Affairs and Communications and the Consumer Protection and Technical Regulatory Authority do not take such recommendations into account, they shall submit a notice thereof to the European Commission along with the reasons for not taking the recommendation into account. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] § 9. Estonian radio frequency allocation plan (1) The radio frequency allocation plan determines the general conditions of use of radio frequencies in Estonia in accordance with the European Union law and international agreements. The radio frequency allocation plan determines the manner, regime and purpose of using radio frequencies, including the radio frequencies used for the purposes of rescue work, safety and national defence, and ensures the organisation of efficient and purposeful use of radio frequencies. (2) The radio frequency allocation plan determines the radio frequency bands for the introduction of new technologies together with restrictions on new and existing users, self-planned radio frequency bands, radio frequency bands with or without a frequency authorisation as well as radio frequency bands the right of use of which is granted by way of public competition or the right of use of which may be transferred pursuant to the procedure provided in § 17 of this Act. (3) The radio frequency allocation plan is established by a regulation of the minister in charge of the policy sector. (4) The preparation of the radio frequency allocation plan is based on the principles of neutrality of electronic communications services and technological neutrality, which observance may be derogated from only for the purposes of service quality, maximisation of radio frequency sharing or efficient use of radio frequencies. (5) Where the regulation specified in subsection 3 of this section significantly restricts the rights of users of radio frequencies, the provisions restricting such rights enter into force two years after the date of publication of the regulation unless otherwise provided by an international agreement or the European Union law. (6) The Consumer Protection and Technical Regulatory Authority publishes the radio frequency allocation plan on its website. (7) The Consumer Protection and Technical Regulatory Authority reviews the radio frequency allocation plan at least once a year and submits a proposal for its amendment to the minister in charge of the policy sector if: 1) the development of electronic communications technology requires it; 2) the amendment obligation arises from an international agreement or the European Union law; or 3) it is necessary in order to ensure national defence. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 91. Public competition for grant of right to use radio frequency band (1) Where, based on a radio frequency allocation plan, the right to use a radio frequency band is granted by way of public competition, the minister in charge of the policy sector establishes: 1) the time and procedure of the competition; 2) the number of frequency authorisations available in the competition and the division of frequency ranges, taking into account the purposes specified in subsection 11of § 11 of this Act; 3) additional conditions for the use of the radio frequency band available in the competition. Electronic Communications Act Page 9 / 89