10
licencing authority. The Government shall decide on whether to cancel the licence within two
months of the notification.
The Government may decide not to cancel the licence if it is apparent that:
1) the requirements for granting a licence pursuant to section 10 have been met; and
2) operations continue according to the licence terms.
The licence holder may request the Government to inform in advance of the effect the
change in the effective control will have on the licence. The Government shall issue a decision
within two months of the application.
If a change in the effective control concerns an undertaking acquisition that in accordance
with the Act on Competition Restrictions (948/2011) has to be reported to the Finnish
Competition Authority, or in accordance with the Council Regulation (EC) No 139/2004 on
the control of concentrations between undertakings (the “EC Merger Regulation”) has to be
reported to the European Commission, hereinafter the “Commission”, the decision has to be
issued by the Government no later than two months after the definitive decision concerning
the undertaking acquisition was made.
At the request of a licence holder the Government may transfer a licence granted by the
auctioning process referred to in section 11, provided that it has no especially weighty reasons
to suspect that the transfer might prevent competition or endanger interference-free radio
communications or apparently risk national security. The Government shall make a decision
within two months of the reception of a transfer application.
A network licence transfer referred to in subsection 6 may also apply to only a part of the
frequencies included in the licence. The licence holder shall explain in the transfer application
as to who would be responsible for paying the licence fee provided in section 287 after the
transfer.
All rights and responsibilities of the licence holder shall transfer to the new licence holder.
Along with the licence transfer the related frequency reservation referred to in section 44 or
radio licence referred to in section 39 shall also transfer in part or in full. The transferor of the
licence shall immediately notify of the transfer to Ficora.
Section 19
Cancellation of a network licence
The Government may cancel a network licence in part or in full, if:
1) the licence holder has repeatedly and seriously violated the provisions of this Act or the
licence terms referred to in section 16;
2) the licence holder with a licence referred to in section 6(1) no longer has sufficient
economic resources to meet its obligations in view of the nature and extent of the operation;
3) the network for which the licence was granted is not used for operations for which the
radio frequencies were intended; or
4) the licence holder has not started operations in practice referred to in the licence within
two years of the start of the licence period, unless the Government, following the licence
holder’s application, orders otherwise due to technological development or reasons of overall
economic conditions.
A further requirement for cancellation is that the network licence holder, despite being
requested to do so, fails, within a reasonable period of at least one month, to rectify its
conduct, replenish its economic resources to a sufficient level or prove it has started
operations.
The Government may cancel a licence if the effective control in respect of the licence holder
changes, except for a transfer within the same group of undertakings as referred to in
Section 18(1–2).