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within the time specified in paragraph (3) or if any written representation made under that paragraph is subsequently withdrawn, the Authority may forthwith carry out the variation as specified in the notice given under that paragraph.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 rights
16.—(1)  The Authority may suspend or cancel the grant of any spectrum right, or a part of a spectrum right, if the Authority is satisfied that —
(a)the grant of the spectrum right was obtained by fraud or misrepresentation; or
(b)the person to whom the spectrum right is granted, is contravening, or has contravened —
(i)any of the provisions of the Act or these Regulations;
(ii)any condition of the grant of the spectrum right; or
(iii)any direction given to the person by the Authority under the Act or these Regulations.
(2)  The Authority, before suspending or cancelling the grant of any spectrum right, shall give to the person to whom the spectrum right was granted notice in writing of its intention to do so and shall in such notice call upon that person to show cause within such time as may be specified in the notice as to why the person’s spectrum right should not be suspended or cancelled.
(3)  If the person to whom a notice has been given under subsection (2) —
(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 the person’s spectrum right, as the case may be, is to take effect.
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.