PART III
SPECTRUM RIGHTS
Division 1 — Allocation and Conditions of Spectrum Rights
Allocation of spectrum rights
6.—(1)  The Authority may determine that any specified part of the radio frequency spectrum shall be allocated for use by persons by the grant of spectrum rights, but subject to such restrictions as the Authority considers appropriate.
(2)  Subject to this Part, the Authority may, upon payment of the charges determined by the Authority, grant any person the right to use any specified part of the radio frequency spectrum referred to in paragraph (1) for such period as it may specify.
Procedures for determining allocation of spectrum rights
7.  The procedure for allocating spectrum rights, the conditions for participation in the allocation of spectrum rights and the charges payable for spectrum rights shall be determined by the Authority and, without limiting the methods which may be used, may include any one or a combination of the following methods:
(a)by auction;
(b)by tender; or
(c)by allocation for a pre-determined fee or a negotiated fee.
Allocation of spectrum rights subject to requirements
8.  The Authority may refuse to grant any spectrum right to any person unless the person meets such requirements as the Authority may determine.
Exclusion from allocation of spectrum rights
9.—(1)  The Authority may, by notice in writing, exclude any person from participating or limit any person’s participation in the allocation of any spectrum right —
(a)for the purpose of developing the communications industry in Singapore and maintaining effective competition between person engaged in the provision of radio-communication services; or
(b)in the public interest.
(2)  Before excluding any person from participating, or limiting any person’s participation, in the allocation of any spectrum right, the Authority shall give the affected person an opportunity to be heard.
(3)  Any person aggrieved by the Authority’s decision under this regulation to exclude any person from obtaining, or limit any person’s right to obtain, any spectrum right may appeal to the Minister whose decision shall be final.
Conditions of grant of spectrum rights
10.  A spectrum right granted by the Authority shall be subject to such conditions as the Authority considers appropriate, including —
(a)conditions specifying the part or parts of the radio frequency spectrum in which the operation of a station or network is authorised;
(b)conditions specifying the type of station or network, and type of equipment comprising the station or network, which the person granted the spectrum right is authorised to operate;
(c)conditions specifying the periods during which operation of a station or network is authorised;
(d)conditions specifying that the person granted the spectrum right and persons authorised by that person to operate a station or network shall not operate any station or network without a station (spectrum) licence, a network (spectrum) licence or a station (spectrum) class licence;
[S 461/2009 wef 02/10/2009]
(e)conditions specifying the maximum permitted level of radio emission, that may be caused by operation of a station or network under the licence;
(f)conditions specifying the area within which operation of a station or network is authorised;
(g)conditions specifying the maximum permitted level of radio emission, outside the area referred to in paragraph (f), that may be caused by the operation of the station or network;
(h)conditions requiring the payment to the Authority of the charges for the spectrum right determined by the Authority;
(i)conditions requiring the person granted the spectrum right to comply with the directions of the Authority concerning the use of the spectrum right; or
(j)such other conditions as the Authority considers appropriate.
Authorisation to use assigned part of radio frequency spectrum
11.—(1)  Subject to paragraph (2), a spectrum right authorises —
(a)the person granted the spectrum right; and
(b)if the conditions of the grant of spectrum right permit, any person authorised by the person granted the spectrum right,
to use the assigned radio frequency spectrum, in accordance with the conditions of the grant, for the purpose of operating a station or network.
(2)  Except as may be permitted by the Authority, a person is not authorised to operate a station or network under paragraph (1) unless the person has, and complies with the conditions of, a station (spectrum) licence, a network (spectrum) licence or a station (spectrum) class licence, as the case may be.
[S 461/2009 wef 02/10/2009]
Division 2 — Spectrum Sharing and Trading
Spectrum sharing
12.—(1)  Subject to such conditions as the Authority may generally or specifically impose, a person granted a spectrum right may authorise another person to use the assigned radio frequency spectrum, in accordance with the conditions of the grant, for the purpose of operating a station or network subject to that person obtaining a station (spectrum) licence, a network (spectrum) licence or a station (spectrum) class licence, as the case may be.
[S 461/2009 wef 02/10/2009]
(2)  Any person authorised by a person granted a spectrum right to use the assigned radio frequency spectrum under paragraph (1) shall comply with the Act, these Regulations and such other requirements as the Authority may specify.
Spectrum trading
13.—(1)  Subject to such conditions as the Authority may generally or specifically impose, a person granted a spectrum right may assign, or otherwise deal with, the whole or any part of the rights and privileges granted under the spectrum right.
(2)  No assignment of or dealing with the whole or any part of the rights and privileges granted under a spectrum right shall take effect until the Authority gives its approval in writing.
(3)  The parties to an assignment of or dealing with the whole or any part of the rights and privileges granted under a spectrum right must give to the Authority such information about the assignment or dealing as the Authority requires for the purpose of giving its approval under paragraph (2).
Variation of conditions of spectrum rights upon assignment
14.  The Authority may do any one or more of the following if it is satisfied that it is necessary or convenient to do so in order to give effect to any assignment or dealing under regulation 13:
(a)vary a spectrum right by changing the name of the person to whom the spectrum right was granted;
(b)vary the conditions of grant of a spectrum right by —
(i)including one or more further conditions; or
(ii)revoking or varying any condition;
(c)issue one or more new spectrum rights; or
(d)cancel one or more existing spectrum rights.
Division 3 — Variation, suspension, cancellation and resumption of Spectrum Rights
Variation of certain conditions of spectrum rights
15.—(1)  Subject to this regulation, the Authority may vary any condition of any grant of a spectrum right.
(2)  This regulation shall not apply to a resumption of any spectrum right under regulation 17 or 18 or to a variation of the conditions of any grant of a spectrum right under regulation 14 or 17(3).
(3)  Before varying the conditions of any grant of a spectrum right under this regulation, the Authority shall give notice to the person granted the spectrum right —
(a)stating that it proposes to make the variations in the manner as specified in the notice; and
(b)specifying the time (not being less than 28 days from the date of service of notice) within which written representations with respect to the proposed variation may be made.
(4)  Upon receipt of any written representation referred to in paragraph (3), the Authority shall consider the representation and may —
(a)reject the representation; or
(b)amend the proposed variation in accordance with the representation, or in any manner as the Authority considers appropriate,
and, in either event, the Authority shall issue a direction in writing to the person granted the spectrum right requiring that effect be given to the proposed variation specified in the notice or to the variation as amended by the Authority within a reasonable time.
(5)  Any person aggrieved by the decision of the Authority under paragraph (4) may, within 14 days of the receipt of the direction, appeal to the Minister whose decision shall be final.
(6)  The Authority shall not enforce its direction —
(a)during the period referred to in paragraph (5); and
(b)whilst the appeal is under consideration by the Minister.
(7)  If no written representation is received by the Authority within the time specified in paragraph (3) or if any written representation made under that paragraph is subsequently withdrawn, the Authority may forthwith carry out the variation as specified in the notice given under that paragraph.
(8)  Notwithstanding paragraphs (3) to (7), the Authority may, with the agreement of the person granted the spectrum right, vary the conditions of any spectrum right in such manner as may be agreed.
Suspension or cancellation of spectrum right, etc.
16.—(1)  If the Authority is satisfied that —
(a)a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission —
(i)any of the provisions of the Act or these Regulations; or
(ii)any direction given to the person by the Authority under section 27, 32D or 32F(2) of the Act; or
(b)a grant of the spectrum right was obtained by fraud or misrepresentation,
the Authority may, by notice in writing and without payment of any compensation, suspend or cancel the grant of the spectrum right or part thereof.
(2)  If the Authority is satisfied that a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission —
(a)any condition of the grant of the spectrum right; or
(b)any direction given to the person by the Authority under section 5A(8) of the Act,
the Authority may, by notice in writing and without payment of any compensation, do either or both of the following:
(i)suspend or cancel the grant of the spectrum right or part thereof;
(ii)require the payment, within such time as may be specified, of a financial penalty of such amount not exceeding $1 million as the Authority thinks fit.
(3)  The Authority shall, before suspending or cancelling the grant of any spectrum right or part thereof under paragraph (1) or (2)(i) —
(a)give to the person to whom the spectrum right was granted notice in writing of its intention to do so; and
(b)in such notice call upon that person to show cause within such time as may be specified in the notice as to why his spectrum right or part thereof should not be suspended or cancelled.
(4)  If the person to whom a notice has been given under paragraph (3) —
(a)fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or
(b)fails to show sufficient cause,
the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of his spectrum right or part thereof is to take effect.
(5)  Any financial penalty payable by any person under paragraph (2)(ii) shall be recoverable by the Authority as a debt due to the Authority from that person and the person’s liability to pay shall not be affected by his spectrum right or any part thereof ceasing (for any reason) to be in force.
[S 707/2005 wef 11/11/2005]
Resumption of spectrum rights by agreement
17.—(1)  The Authority may resume a spectrum right, or a part of a spectrum right, under an agreement entered into with the person granted the spectrum right.
(2)  Without limiting the matters that may be included in the agreement, if a part of the spectrum right is to be resumed, the agreement must specify the variations to the other conditions of the spectrum right that will be made to give effect to the agreement and the date on which the resumption is to take effect.
(3)  If a part of the spectrum right is resumed, the Authority shall vary, in a way that gives effect to the variations specified in the agreement, the other conditions of the grant of spectrum right.
(4)  For the purposes of this regulation and regulation 18, “resume”, in relation to a grant of any spectrum right or part of a spectrum right, means to revoke or vary any condition relating to —
(a)the range of the radio frequencies comprised in the grant of the spectrum right;
(b)the duration of the grant of the spectrum right; and
(c)the geographical area covered by the grant of the spectrum right.
Resumption of spectrum rights compulsorily
18.—(1)  Subject to this regulation, the Authority may resume a spectrum right, or a part of a spectrum right, without the agreement of the person granted the spectrum right.
(2)  The Authority may only resume a spectrum right or a part of a spectrum right without agreement of the person granted the spectrum right if the Minister has approved the resumption by notification published in the Gazette.
(3)  Before resuming a spectrum right or a part of a spectrum right under this regulation, the Authority shall give notice to the person granted the spectrum right —
(a)stating that it proposes to resume the spectrum right or a part of the spectrum right in the manner specified in the notice and the compensation payable for the resumption;
(b)specifying the time (not being less than 28 days from the date of service of notice) within which written representations on the proposed resumption may be made; and
(c)if applicable, specifying the variations to the other conditions of the spectrum right that will be made to give effect to the resumption.
(4)  Upon receipt of any written representation referred to in paragraph (3), the Authority shall consider the representation and may —
(a)reject the representation; or
(b)amend the proposed resumption, the compensation payable and the variations to the other conditions of the spectrum right, in accordance with the representation, or in any other manner as the Authority considers appropriate,
and, in either event, the Authority shall issue a direction in writing to the person granted the spectrum right requiring that effect be given to the proposed resumption specified in the notice or to the resumption as subsequently amended by the Authority within a reasonable time.
(5)  Any person aggrieved by the decision of the Authority under paragraph (4) may, within 14 days of the receipt of the direction, appeal to the Minister whose decision shall be final.
(6)  The Authority shall not enforce its direction —
(a)during the period referred to in paragraph (5); and
(b)whilst the appeal is under consideration by the Minister.
(7)  If no written representation is received by the Authority within the time specified in paragraph (3) or if any written representation made under that paragraph is subsequently withdrawn, the Authority may forthwith carry out the resumption as specified in the notice given under that paragraph.
(8)  Regulation 15 shall not apply to the variations to the other conditions of the spectrum right made under this regulation.