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, for the purpose of developing the communications industry in Singapore and maintaining effective competition between persons engaged in the provision of radio-communication services, or in the public interest, by notice in writing, exclude any person from participating, or limit any person’s participation, in the allocation of any spectrum right.
(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 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 or a network (spectrum) licence;
(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 or a network (spectrum) licence, as the case may be.