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.