Luật của Tonga

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Section 2, 89, COMMUNICATIONS ACT 2015:
“2 Interpretation 
(1) In this Act, unless the context otherwise requires:
“competitive process” means an auction, tender, commercial negotiations, or market-based allocation process;
89 Radio spectrum rules 
(1) The Regulator shall make rules about the radio frequency spectrum specifying: 
(a) the categories of radio spectrum licences that may be issued in relation to spectrum blocks or particular frequencies;
(b) the circumstances in which a radiocommunications device is exempt from a radio spectrum licence; 
(c) the process for submitting an application for a radio spectrum licence; 
(d) the criteria for who is eligible to submit an application;
(e) application fees to be paid to the Regulator (if any); 
(f) any rules about the use of radio frequency spectrum or particular parts of radio frequency spectrum, including any interference requirements; 
(g) any licence conditions and technical standards that apply to particular radio spectrum licences or particular devices; 
(h) any licence fees that are payable for radio spectrum licences; 
(i) the circumstances in which radio spectrum licences can be surrendered, suspended, revoked or amended; and 
(j) the processes for determining any disputes about radio frequency spectrum interference. 
(2) The rules under sub-section (1) may also specify:
(a) a fair and transparent method of issuing radio spectrum licences for valuable state resources, which may include a competitive process; 
(b) any rules or processes for the assignment of radio frequency spectrum to a licensee as part of the licence transition process specified in section 187; and 
(c) any other matter relating to radio spectrum that the Regulator considers necessary or convenient for or in connection with the performance of its functions under this Division.
 (3) The Regulator shall ensure that any fees prescribed under the rules made under sub-section (1) shall be: 
(a) where the fee is for the allocation of a valuable state resource by means of a competitive process — the amount payable as a result of the competitive process; and 
(b) otherwise, a fixed amount published by the Regulator on its website or any other form the Regulator thinks fit. 
(4) Before making rules under this section, the Regulator shall carry out a consultation under section 23.”

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