Decree-Law no. 15/2012 of 28 March 2012 ON THE REGULATION OF THE TELECOMMUNICATIONS SECTOR

“Article 3. Definitions 

Competitive selection process: A process for selection of a radio spectrum licensee or recipient of universal access funding based upon objective criteria which may include one or a combination of the following: 

(a) Financial bids, whether submitted with applications, made in an auction or in another manner; 

(b) Relevant experience, track record, financial standing or other qualifications; or 

(c) Commitments and guarantees with respect to the type, quality, geographical coverage, price, performance bonds, or other aspects of any relevant services.

Article 61. Radio spectrum licensing

4. If the Authority intends to restrict the number of radio-frequency spectrum licences for a radio-frequency spectrum in particular frequency bands, it: 

a) Shall issue such licences pursuant to a competitive selection process; and 

b) Shall impose restrictions to the cross-ownership of service providers holding such licences.”

Decree-Law no. 15/2012 of 28 March 2012 ON THE REGULATION OF THE TELECOMMUNICATIONS SECTOR

“Article 3. Definitions 

Competitive selection process: A process for selection of a radio spectrum licensee or recipient of universal access funding based upon objective criteria which may include one or a combination of the following: 

(a) Financial bids, whether submitted with applications, made in an auction or in another manner; 

(b) Relevant experience, track record, financial standing or other qualifications; or 

(c) Commitments and guarantees with respect to the type, quality, geographical coverage, price, performance bonds, or other aspects of any relevant services.

Article 61. Radio spectrum licensing

4. If the Authority intends to restrict the number of radio-frequency spectrum licences for a radio-frequency spectrum in particular frequency bands, it: 

a) Shall issue such licences pursuant to a competitive selection process; and 

b) Shall impose restrictions to the cross-ownership of service providers holding such licences.”

Decree-Law no. 15/2012 of 28 March 2012 ON THE REGULATION OF THE TELECOMMUNICATIONS SECTOR

“Article 61. Radio spectrum licensing

5. A radio-frequency spectrum licence issued by the Authority shall have a maximum term of 15 years subject to renewal pursuant to the following paragraphs. 

6. During a time period set by the Authority, prior to its expiration, a radio-frequency spectrum licencee may request that the Authority renew a radio-frequency spectrum licence. 

7. The Authority shall renew a radio-frequency spectrum licence unless such renewal would not further the objective provided for in article 2 of the present Decree-Law, taking into account the following factors: 

a) The licensee’s compliance with the present Decree-Law and any regulatory measures issued thereunder, as well as with any other applicable laws of Timor-Leste; 

b) The need for continuity of the activities that depend upon the relevant radio-frequency spectrum; 

c) The level and nature of the demand for the relevant radio-frequency spectrum; 

d) Potential alternative usages of the relevant radio-frequency spectrum, including those using alternative technologies; 

e) The appropriate period of renewal; and 

f) The national radio-frequency spectrum plan of the Authority. 

8. The granting or denying of renewal of a radio-frequency spectrum licence pursuant to this article shall be subject to paragraph 4 of Article 19.”

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Decree-Law no. 15/2012 of 28 March 2012 ON THE REGULATION OF THE TELECOMMUNICATIONS SECTOR

Article 62 Transfer of radio-frequency spectrum 

1. Without prejudice to the following paragraph, a radio-frequency spectrum licence cannot be transferred to another person. 

2. The Authority may establish procedures, rules and guidelines permitting the transfer of radio-frequency spectrum licences on a permanent or temporary basis, including for the purpose of posting it as security with a reputable financial institution in order to finance investments in telecommunications networks and services in Timor-Leste. 

3. The establishment of procedures, rules and guidelines pursuant to article shall be subject to paragraph 4 of Article 19.