Electronic Communications Act, 2008

ACT 775

Spectrum management
Spectrum
58. (1) The Authority shall control, plan, administer, manage and license
the radio frequency spectrum for telecommunication.
(2) The Authority shall comply with the applicable standards and
requirements of the International Telecommunication Union and its
Radio Regulations, as agreed to or adopted by the Republic in controlling, planning, administering, managing and licensing the use of the
radio frequency spectrum.
(3) The Authority shall allocate the uses of the spectrum of the
electronic communications sector in a manner that promotes the economic
and orderly utilisation of frequencies by electronic communications networks and services.
(4) The Authority shall, in co-operation and consultation with the
users of the spectrum in the electronic communications sector in the country,
develop and adopt a spectrum plan for the allocation of the uses of the
spectrum.
(5) The Authority shall consult bilaterally, regionally and internationally in developing the spectrum plan and in the co-ordination of the
use of frequencies.
(6) The Authority shall make, the spectrum plan available to a member of the public if that member pays the fee specified by the Authority.
(7) The spectrum plan shall state how the spectrum shall be used
and the procedures that the Authority is to use to determine an application
for authorisation to use a frequency band for telecommunication services.
(8) The procedure referred to in subsection (3) may include granting
the authorisation for the use of the frequency band
(a) through auction,
(b) through tender,
(c) at a fixed price, or
(d) based on stated criteria.
Establishment of Spectrum Management Committee
59. There is established by this Act a Spectrum Management Committee
which is a technical committee of the Authority.

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