(6) The Commission shall prescribe rules and procedures that shall ensure that only bona
fide bidders participate in bidding.
(7) Where an application for a frequency spectrum licence is rejected, the Commission
shall notify the applicant in writing, giving reasons for the refusal.
(8) Where it appears to the Commission that the frequency spectrum licence contains
information relating to national security or other international obligations, the Commission shall
withhold that information from public scrutiny.
(9) A frequency spectrum allocation shall be consistent with the national radio frequency
plan recommended by the Commission and approved by the Minister, and shall confer the right
on the licensee to use a certain frequency band or bands subject to such conditions as may be set
out in the frequency spectrum licence.
(10)
Subject to the other provisions of this section, the Commission shall
determine all frequency allocations on a non-discriminatory basis.
Obligations with respect to frequency authorisations.
36.
(1)
Every holder of a frequency licence shall (a)
pay the fees specified by the Commission for the use of the radio frequency
spectrum as stated in the licence;
(b)
only use the authorised radio frequency spectrum band specified in the
licence and strictly adhere to the service or type of network or technology
for which the licence has been granted;
(c)
not transfer the right to use the radio frequency spectrum without the prior
written approval of the Commission;
(d)
upon request made by the Minister, and subject to the relevant law,
collaborate with the Government in matters of national security; and
(e)
strictly adhere to all the conditions in the radio frequency spectrum licence
and all other laws or decisions of the Commission.
(2) A person owning or holding a significant interest in the holder of a frequency
spectrum licence shall not sell, transfer, charge or otherwise dispose of the interest of that person
in that holder of a frequency spectrum licence, or a part of the interest of that person, unless the
prior written approval of the Commission has been obtained.
(3) A holder of a frequency spectrum licence shall not, unless the prior written approval
of the Commission has been obtained -
28
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