Electronic Communications Act, 2008
ACT 775
(2) The Spectrum Management Committee is subject to section
58 responsible for the allocation of frequency bands to electronic communications operators or service providers in the country.
(3) The Committee consists of
(a) the Director-General of the Authority,
(b) the representative of the National Security Council on the
Board of the Authority,
(c) one representative of
(i) the Civil Aviation Authority,
(ii) the Centre for Scientific and Industrial Research,
(iii) the public universities,
(iv) the National Maritime Authority, and
(v) the National Media Commission.
Allocation of frequency bands
60. (1) Subject to subsection (2) and despite any frequency
authorisation granted by the Authority, the Authority may, in accordance
with the spectrum plan, allocate and reallocate a frequency band.
(2) The Authority shall give priority to the needs of the Government in respect of matters of national security in the allocation and
re-allocation of a frequency band.
. (3) The Authority may terminate a frequency authorisation if the
authorisation holder refuses to migrate to the new technology as a result
of change of technology.
Considerations for allocation of frequency
61. The Authority in performing its functions under sections 58, 59
and 60 shall take into account
(a) the impact of the spectrum plan on existing and future use,
.
(b) the efficient use of the spectrum,
(c) any applicable regional agreements, standards and
arrangement,
(d) any applicable international standards, International
Telecommunication Union Treaties and other international
agreement, and
(e) any other relevant matters having regard to the circumstances
of the case.
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