Đấu giá
Section 177, Communications and Multimedia Act: “177. Spectrum plan to include procedures for spectrum assignment and apparatus assignment. The spectrum plan may include procedures for the assignment of spectrum assignments and apparatus assignments such as, but is not limited to, the following: (a) procedures for the assignment of spectrum assignments and apparatus assignments by auction; (b) procedures for the assignment of spectrum assignments and apparatus assignments by tender; (c) procedures for the assignment of spectrum assignments at a fixed price to be determined by the Minister; (d) procedures for the assignment of apparatus assignments at a fixed price to be determined by the Commission; and/or (e) a conversion plan for the conversion of designated apparatus assignments into spectrum assignments.”
Thi tuyển
Section 177, Communications and Multimedia Act: “177. Spectrum plan to include procedures for spectrum assignment and apparatus assignment. The spectrum plan may include procedures for the assignment of spectrum assignments and apparatus assignments such as, but is not limited to, the following: (a) procedures for the assignment of spectrum assignments and apparatus assignments by auction; (b) procedures for the assignment of spectrum assignments and apparatus assignments by tender; (c) procedures for the assignment of spectrum assignments at a fixed price to be determined by the Minister; (d) procedures for the assignment of apparatus assignments at a fixed price to be determined by the Commission; and/or (e) a conversion plan for the conversion of designated apparatus assignments into spectrum assignments.”
Cấp lại
Section 34 Renewal of an individual licence (1) The licensee may apply for the renewal of an individual licence not later than sixty days before its expiry. (2) The renewal fee, to be decided upon by the Minister, shall be payable upon approval of the application. (3) The application for the renewal of an individual licence shall be granted by the Minister unless the Minister, on the recommendation of the Commission, determines that the licensee— (a) has failed to comply with the terms and conditions of the individual licence; (b) has failed to comply with the provisions of this Act; or (c) has failed to comply with any instrument issued, made or given by the Minister or the Commission. (4) If the Minister has no intention of renewing the individual licence, the Commission shall— (a) inform the licensee by written notice, as soon as practicable, of his refusal to renew the individual licence; and (b) notify and publish, at least thirty days before the expiry of the individual licence, such intention in at least one national language and one English language national daily newspapers for at least three consecutive days. (5) The affected licensee shall be given a reasonable opportunity to make written submissions to the Minister within a time period specified in the notice and such time period shall not be less than fourteen days. (6) The affected licensee may, within the time period specified in the notice, submit a written submission and the Minister shall consider the submission.
Giới hạn CAP
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Chuyển nhượng
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Act 588 COMMUNICATIONS AND MULTIMEDIA ACT 1998
Third party transfers 162.
A holder of a spectrum assignment may transfer to or otherwise deal with any or all of the rights assigned under section 159 with a third party only if it is in accordance with the provisions of section 163.
Transfer rules 163.
(1) The Minister may make rules, to be published in the Gazette, for the transfer of the rights of the holder of the spectrum assignment conferred by the spectrum assignment.
(2) The Commission may direct a holder of a spectrum assignment to comply with any rules made under this section.
Thu hồi
Bộ trưởng có thể thu hồi giấy phép theo trình tự thủ tục tại mục 13.
COMMUNICATIONS AND MULTIMEDIA ACT
13. Declaration by the Minister
(1) The Minister may, from time to time, make a written declaration that an individual licence, or a class of individual licences, or a class licence—
(a) is subject to such conditions; or
(b) enjoys such benefits, as the Minister deems fit.
(2) Any declaration on the conditions of licence shall relate to the matters set out in the Schedule.
(3) The Minister may also make a written declaration to exempt a licensee from complying with any conditions of a licence.
(4) Before making a declaration under subsection (2), the, Minister shall give the affected licensees written notice of his intention to do so together with a draft copy of the declaration, and the licensees may make submissions to the Minister by submitting them to the Commission within the time period specified by the Minister but the time period shall not be less than thirty days.
(5) After expiry of the notice specified in subsection (4), the Minister shall, on the recommendation of the Commission, decide on the next course of action, taking into consideration any submission made by the affected licensees.
(6) The Minister shall give the affected licensees a written notice of the declaration made under subsection (2) as soon as practicable.
(7) Any declaration shall be consistent with the objects and provisions of this Act which are relevant to the particular matter or activity.
(8) The Commission shall exercise its powers conferred under this Act in a manner which is consistent with the declaration.
(9) The Minister shall provide a copy of the declaration under this Chapter to the Commission as soon as practicable.
(10) Every declaration shall be registered by the Commission as soon as practicable.
(11) A declaration other than a declaration under subsection (2) shall come into operation on the date of registration or such later date as the Minister may specify in the instrument.
(12) A declaration shall expire on such date as the Minister may specify in the written notice or, if no date is specified, the declaration shall be in operation until the declaration is revoked
14. Modification, variation or revocation of a declaration
(1) The Minister may at any time modify, vary or revoke a declaration regarding a licence.
(2) The procedure set out in section 13 shall apply mutatis mutandis in respect of any modification, variation or revocation of a declaration.
