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significant effect on the general development of the communications market, the licence is
granted by the Government.
Radio licences are granted for a maximum of ten (10) years at a time. However, a radio
licence for a radio transmitter to be used in providing telecommunications that require a
licence as referred to in section 6, a licence for a radio transmitter to be used for digital
television and radio broadcasting as referred to in section 22 or a radio transmitter to be used
for analogue radio broadcasting referred to in section 34 are granted for up to 20 years at a
time.
Ficora shall grant a radio licence to an operator that was granted a licence by auction
referred to in section 11 or a transferee of such a licence after the licence holder has paid the
first instalment of the licence fee referred to in section 287.
A new radio licence may be granted to an operator who has received a radio licence for
operations referred to in section 34(2) lasting no longer than three months for areas with
overlap of coverage, even partial overlap, at the earliest two months from expiry of the
previous licence.
A radio licence for minor radio broadcasting in a limited area referred to in section 34(2)
shall be granted for a maximum of one year at a time.
Section 41
Terms for granting a radio licence or frequency reservation
Unless otherwise provided in subsections 2–4, a radio licence or a frequency reservation that
meets the requirements laid down in section 44 must be granted if:
1) the licence or frequency reservation applied for pertains to a frequency band which,
pursuant to a Government Decree issued by virtue of section 95(1) or to an regulation issued
by Ficora by virtue of section 96(1), has been allocated for the use referred to in the
application;
2) it is possible to allocate technically appropriate radio frequencies within the frequency
band for use or reservation by the applicant;
3) the radio transmitter’s conformity has been confirmed; and
4) Ficora has no justifiable cause to suspect that the applicant will violate the provisions or
regulations concerning radio communications or the radio licence terms.
If there is an unpaid sum concerning the applicant’s previous radio licence or frequency
reservation that pertains to the same type of equipment as the new licence or reservation being
applied for, and the overdue amount is not insignificant, the licence or reservation may be
denied.
If the applicant aims to provide telecommunications subject to a licence as referred to in
section 6, to pursue television broadcasting that requires a licence as referred to in section 22
or radio broadcasting referred to in section 34, no radio licence or frequency reservation can
be granted unless the applicant has the necessary network or programming licence.
If only a proportion of applicants can be granted a radio licence or frequency reservation due
to a scarcity of radio frequencies, the licence or reservation shall be granted to those applicants
whose operations best promote the purposes of this Act laid down in section 1.
Applicants for or holders of a radio licence, as well as other telecommunications operators if
necessary, are obliged to provide Ficora with the information requested by it that is necessary
in making the licence decision referred to in subsection 4.
Section 42
Licence terms