ELECTRONIC COMMUNICATIONS (REGULATION) [ CAP. 399. 23 Provided that the Minister may, when making any regulations under this article which relate to standards, specifications or to matters of a strictly technical nature, make such regulations in the English language only. 35. (Deleted by Act LII.2021.36). Exemption from the provisions of this Part. Added by: XII. 2010.5. Re-numbered by: IX. 2011.27. PART V Re-numbered by: XII. 2010.5. Substituted by: LII. 2021.37. MANAGEMENT OF AND ACCESS TO RADIO SPECTRUM 36. (1) In this Part, unless the context otherwise requires, "general authorisation" means a framework established by or under this Part laying down the rights and obligations for the use of radio spectrum, when the use of the radio spectrum is not subject to an individual licence. (2) This Part regulates all radio spectrum, with the exception of any radio spectrum expressly regulated under any other law, and identified as such in the Frequency Plan. 37. (1) The Authority shall facilitate the use of radio spectrum, including shared use, under general authorisations issued under this Act or following individual rights of use for radio spectrum authorised by the Authority in accordance with this Act, or following explicit authorisation in accordance with any other law. (2) The Authority shall limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use because of demand and taking into account the criteria set out in this sub-article. In all other cases, the Authority shall set out the conditions for the use of radio spectrum in a general authorisation. To this end the Authority shall decide on the most appropriate regime for authorising the use of radio spectrum, taking account of: (a) the specific characteristics of the radio spectrum concerned; (b) the need to protect against harmful interference; (c) the development of reliable conditions for radio spectrum sharing, where appropriate; (d) the need to ensure technical quality of communications or service; (e) the objectives of general interest as laid down by the Minister in accordance with European Union law; and (f) the need to safeguard efficient use of radio spectrum. (3) When considering whether to issue general authorisations or to grant individual rights of use for the harmonised radio spectrum, taking into account technical implementing measures Interpretation. Added by: VII. 2004.23. Re-numbered by: XII. 2010.5. Substituted by: IX. 2011.29. Amended by: LII. 2021.38. Authorisation of the use of radio spectrum. Substituted by: LII. 2021.39.

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