ELECTRONIC COMMUNICATIONS ACT, 2008 (ACT 775); SECTION 9, AS AMENDED

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(1) A person shall not use a spectrum for designated services without a frequency authorisation granted by the Authority. 

(2) A person who wishes to use a spectrum shall apply to the Authority in the manner specified in Regulations. 

(3) The Authority may grant or refuse an application for frequency authorisations in accordance with policies and rules published by the Authority. 

(4) On the receipt, grant or refusal of an application for a frequency authorisation the Authority shall cause a notice to that effect to be published in the Gazette and on its website. 

(5) Where an application for frequency authorisation is refused, the Authority shall notify the applicant in writing within seven days after the refusal and give reasons for the refusal in the notice. 

(6) The terms of a frequency authorisation may be accessed by the public at the office of the Authority and a copy or an extract of the terms may be obtained from the Authority, by a member of the public, on payment of the specified fee. 

(7) Where it appears to the Authority that the frequency authorisation contains information relating to national security or other international obligations, the Authority may withhold that information from the public. 

(8) A frequency authorisation shall be consistent with the spectrum plan established under this Act and Regulations and shall confer on the authorisation holder the right to use a specified frequency band subject to the conditions set out in the frequency authorisation. 

(9) The holder of a frequency authorisation shall utilise only the spectrum granted for the service and shall do so in accordance with the terms of its licence. 

Read Also >>> AMENDMENTS: ELECTRONIC COMMUNICATIONS ACT, 2008 (ACT 775)

(10) The Authority shall not discriminate in the determination of frequency authorisation.

Read Also >>> ELECTRONIC COMMUNICATIONS ACT, 2008 – ACT 775