Đấu giá
Section 9, 19, Estonia Elcetronic Communication Acts (2016):
“§ 9. Estonian radio frequency allocation plan (2) The Estonian radio frequency allocation plan shall, among other things, determine the radio frequency bands for the introduction of new technologies together with restrictions on new and existing users, self-planned frequency bands and radio frequency bands the right of use of which is granted by way of public competition or the right of use of which can be transferred pursuant to the procedure provided for in § 17 of this Act. § 19. Organisation of auction
(1) If several persons have concurrently submitted applications for the use of the same radio frequency, the Technical Surveillance Authority shall organise an auction in order to grant a frequency authorisation. Applications which have arrived on the same date are deemed to be applications that have arrived concurrently. [RT I 2007, 66, 408 - entry into force 01.01.2008]
(2) The Technical Surveillance Authority shall inform the applicants of an auction in writing within five working days after the receipt of the applications and the applicants are allowed to submit their tenders within five working days. The winner of the auction shall be granted a frequency authorisation, taking account of the provisions of § 13 of this Act.”
Thi tuyển
Section 9, 19, Estonia Elcetronic Communication Acts (2016):
“§ 9. Estonian radio frequency allocation plan (2) The Estonian radio frequency allocation plan shall, among other things, determine the radio frequency bands for the introduction of new technologies together with restrictions on new and existing users, self-planned frequency bands and radio frequency bands the right of use of which is granted by way of public competition or the right of use of which can be transferred pursuant to the procedure provided for in § 17 of this Act.
§ 19. Organisation of auction
(1) If several persons have concurrently submitted applications for the use of the same radio frequency, the Technical Surveillance Authority shall organise an auction in order to grant a frequency authorisation. Applications which have arrived on the same date are deemed to be applications that have arrived concurrently. [RT I 2007, 66, 408 - entry into force 01.01.2008]
(2) The Technical Surveillance Authority shall inform the applicants of an auction in writing within five working days after the receipt of the applications and the applicants are allowed to submit their tenders within five working days. The winner of the auction shall be granted a frequency authorisation, taking account of the provisions of § 13 of this Act.”
Cấp lại
Không quy định tại Luật
Giới hạn CAP
Không quy định tại Luật
Chuyển nhượng
Luật có quy định chuyển nhượng.
Luật không đề cập đến thời gian cho phép chuyển nhượng kể từ khi được cấp phép.
Luật không đề cập đến việc chuyển nhượng trong trường hợp nào.
Luật quy định được phép chuyển nhượng một phần hoặc toàn bộ quyền với sự đồng ý của cơ quan quản lý. Việc sử dụng tần số của người được chuyển nhượng phải phù hợp với quy hoạch tần số của Estonia.Sau khi chuyển nhượng quyền theo hợp đồng cơ bản, các điều kiện của cấp phép tần số vẫn được áp dụng; sau khi được cấp phép sử dụng tần số , người giữ giấy phép có trách nhiệm thuân thủ các điều kiện xác định bởi giấy phép tần số.
Điều 17. Transfer of right to use radio frequencies and grant for use on the basis of contract for use
(1) The holder of a frequency authorisation may transfer in part or in full the right to use radio frequencies defined in the frequency authorisation or grant the right for use to another person on the basis of a contract for use if the right to transfer the respective radio frequencies or to grant these for use on the basis of a contract foruse is provided for in the Estonian radio frequency allocation plan. The right to use radio frequencies may not be transferred or granted for use on the basis of a contract for use in the case of a frequency authorisation, wherebythe right to use radio frequencies in the broadcasting network is granted.
(2) In order to transfer the right to use radio frequencies, an application for the transfer of the right to use radiofrequencies granted by the frequency authorisation shall be submitted to the Technical Surveillance Authority
by the holder of the frequency authorisation and by the person to whom the holder wishes to transfer the right to use radio frequencies.
(3) The application specified in subsection (2) of this section shall be processed by the Technical SurveillanceAuthority pursuant to §§ 13 and 14 of this Act.
(4) In order to grant for use the right to use radio frequencies on the basis of a contract for use, the granter foruse on the basis of a contract for use must obtain a prior approval of the Technical Surveillance Authority.
(5) In order to grant for use the right to use radio frequencies on the basis of a contract for use, the granterfor use on the basis of a contract for use must submit a respective written notice to the Technical SurveillanceAuthority ten working days before granting the right for use on the basis of a contract for use.
(6) Upon transfer of the right to use radio frequencies or grant of the right for use on the basis of a contract foruse, the conditions of the frequency authorisationcontinue to apply, unless the Technical Surveillance Authority
decides otherwise on the basis of subsection 15 (1) of this Act.
(7) Upon grant for use of the right to use radio frequencies on the basis of a contract for use, the holder of thefrequency authorisation shall be responsible for compliance with the conditions determined by the frequencyauthorisation.
(8) The Technical Surveillance Authority may, if necessary, coordinate the transfer of the right to use radiofrequencies or the grant of the right for use on the basis of a contract for use with the Competition Authority.The Technical Surveillance Authority has the right to refuse the transfer of right to use radio frequencies or thegrant of the right for use on the basis of a contract for use if it distorts competition.
(9) The Technical Surveillance Authority shall publish the forms of an application provided for in subsection(2) and of a notice specified in subsection (5) and the information contained in the notice provided for insubsection (5) of this section on its website.
(10) The procedure for the transfer of the right to use radio frequencies and the grant of the right for use on thebasis of a contract for use shall be established by a regulation of the minister responsible for the area.
Thu hồi
- DN bị đình chỉ khi vi phạm các điều kiện sử dụng của giấy phép. DN có thể được kết thúc việc đình chỉ nếu đã khắc phục trong thời hạn 01 tháng.
- DN bị thu hồi nếu:
+ Không sử dụng tần số trong thời hạn 06 tháng kể từ khi cấp giấy phép.
+ Vi phạm nghiêm trọng hoặc nhiều lần các điều kiện sử dụng tần số.
+ Không khắc phục vi phạm khi bị đình chỉ
+ Các giấy phép cung cấp dịch vụ vô tuyến bị thu hồi hoặc hết hạn.
ELECTRONIC COMMUNICATIONS ACT1
§ 18. Suspension and revocation of frequency authorisation
(1) Upon violation of the conditions of a frequency authorisation, the Technical Surveillance Authority may suspend the right to use the radio frequencies granted by the frequency authorisation if the holder of the frequency authorisation has failed to eliminate the violation of the conditions of the frequency authorisation within one month after the Technical Surveillance Authority informed the user of radio frequencies of violation of the conditions and granted the user a possibility to provide an opinion or eliminate the violation, unless the Technical Surveillance Authority has granted a longer term.
(2) The Technical Surveillance Authority shall revoke a decision on suspension if the holder of the frequency authorisation eliminates the violation within one month after the date when the decision to suspend the right to use radio frequencies was made, unless the Technical Surveillance Authority has granted a longer term.
(3) The Technical Surveillance Authority may revoke a frequency authorisation if:
1) the use of the rights granted by the frequency authorisation has not commenced within six months after the grant of the frequency authorisation or within the term prescribed in the frequency authorisation or if the holder of the frequency authorisation has terminated the use of the rights granted by the frequency authorisation,
2) the holder of the frequency authorisation has materially or repeatedly violated the conditions of the frequency authorisation,
3) after the grant of the frequency authorisation it becomes evident that the bases for refusal to issue the frequency authorisation provided for in clauses 14 (1) 1) – 9) of this Act existed before the grant of the authorisation,
4) the use of the radio frequencies has been suspended pursuant to subsection (1) of this section and the user of radio frequencies has not eliminated the circumstances on which the suspension was based within one month after the date on which the decision on suspension was made, unless the Technical Surveillance Authority has granted a longer term, or
5) the activity licence for the provision of radio services which was the basis for grant of the frequency authorisation expires or is revoked.
(4) If the user of radio frequencies has terminated the use of the rights granted to the user by a frequency authorisation, the user is required to promptly inform the Technical Surveillance Authority thereof.
(5) The decision of the Technical Surveillance Authority to suspend the right to use the radio frequencies granted by the frequency authorisation or revoke a frequency authorisation shall be delivered to the user of radio frequencies within three working days after the decision on suspension or revocation is made.
