which Swaziland is a party, as well as frequency allocation plans adopted by countries
within the region.
(3) The Commission shall allocate and assign radio frequency spectrum to (a)
persons possessing a licence to provide electronic communications, radio
and broadcasting networks, or services;
(b)
government departments; and
(c)
private and amateur wireless operations licensees.
(4) The Commission shall, where necessary (a) allocate certain frequencies for use by government entities in furtherance of
the public interest;
(b) inhibit or obstruct the use of other non-designated radio frequencies, on a
temporary basis, for use by government entities.
Requirement for radio frequency spectrum licence.
35.
(1) With the exception of broadcast receivers, a person shall not use a radio frequency
spectrum that has not specifically been allocated to that person through a licence issued
by the Commission in accordance with the national radio frequency plan.
(2) The Commission may grant or refuse an application for a radio frequency
spectrum licence based on applicable policies and regulations.
(3) Upon granting a radio frequency spectrum licence, the Commission shall
cause to be published in the Gazette a notice to that effect.
(4) The terms of a radio frequency spectrum licence shall be made available for
public scrutiny at the office of the Commission and may be reproduced by the
Commission, at the request of a member of the public, on payment of the specified fee.
(5) The Commission may, for the purpose of assigning radio frequency spectrum,
use competitive bidding procedures if the Commission determines that it would be in the
public interest where -
27
(a)
a licence is to be granted to a new applicant; or
(b)
competing and mutually exclusive applications have been filed by qualified
applicants.
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