No. 3
Electronic and Postal Communications
2010
55
(4) The Authority shall have power to inspect all radio
installations associated with stations required to be licensed under
this Act to ascertain whether they confirm to the requirements of the
regulations in regarding to construction, installation and operation.
Powers to
allocate,
reallocate,
assign etc
72.(1) Notwithstanding the provisions of any written law,
compact, concession, contract, deed, deed of settlement, licence,
memorandum of understanding or any other kind of agreement or
provision to the contrary, the Authority shall, in the maintenance of
its control over radio communication frequencies spectrum or
frequency channels have power to allocate, reallocate, assign,
reassign, issue, reissue, redistribute, retrieve, suspend, cancel, or
otherwise modify the distribution amongst users or licensees of any
radio communication frequencies or frequency channels.
(2) The Authority may exercise the powers conferred by
subsection (1) where(a) as a result of any investigations or inquiry carried out
by it or any other public authority; or
(b) in the ordinary course of performing its functions,
under this Act, pursuant to sub-section (10); and
(c) the Authority is of the view that it is necessary or
desirable in the public interest that it exercises its
powers in relation to any user or licensee of any radio
communication frequencies or frequency channels.
(3) Where the Authority carries out an investigation or
inquiry pursuant to sub-section (2)(a) and it is proved to its
satisfaction that a user or licensee of a radio communication
frequencies or frequency channels, who has had the opportunity to
be heard by the Authority is(a) utilizing the radio communication frequencies
Spectrum or frequency channels for purposes other
than those originally permitted; or
(b) not utilizing the radio frequencies efficiently or
effectively;