Section 129: The Authority shall renew a frequency spectrum

Duration of an Assignment fees. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (2) The Authority may, with prior consultation with assignees, revise, amend, suspend or revoke the national frequency allocation plan, and shall issue a public notice to that effect. 126. (1) The Authority may designate the bands of the frequency spectrum to be used under a frequency spectrum assignment and the bands of frequency spectrum to be used without a frequency spectrum assignment. (2) An entity shall not undertake activities requiring a frequency spectrum assignment without the appropriate assignment from the National Spectrum Committee in collaboration with the Authority, in the prescribed manner and form, and upon payment of the prescribed fee. (3) All frequency spectrum shall be assigned following an auction process. (4) A frequency shall be assigned individually by the National Spectrum Committee in collaboration with the Authority – (a) in accordance with the national frequency allocation plan; (b) in a transparent and non-discriminatory manner. (5) Any person intending to undertake activities covered by a frequency spectrum assignment shall prior to undertaking such activities, apply to the Authority for such assignment. (6) A frequency band shall be subject to a restricted granting auction process developed by the National Spectrum Committee in collaboration with the Authority (7) The National Spectrum Committee in collaboration with the Authority shall allocate the frequency band in accordance with the restricted auction process referred to under sub-section (6) (8) The National Spectrum Committee shall apply the principles of transparency, objectivity and impartiality during the assignment process. (9) The National Spectrum Committee in collaboration with the Authority shall issue rules defining the standard assignment conditions of a frequency spectrum assignment (10) The National Spectrum Committee in collaboration with the Authority shall determine and impose reasonable terms and conditions for any frequency spectrum assignment . (11) When assigning frequencies, the National Spectrum Committee in collaboration with the Authority shall take into account- (a) the availability of frequencies; (b) the fair distribution of the available frequencies; (c) the technical characteristics of the equipment involved ;and (d) its capacity to interconnect with other communications equipment and networks (12) The Authority shall in the public interest, have the power to- (a) classify radio stations; and (b) designate standards of equipment to be used with respect to the external sharpness or 94 95 Assignment. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 assignment, if the assignee- (a) continues to meet the eligibility requirements set out for communications licence applicants; (b) in the Authority’s opinion, continues to be financially and technically capable of meeting its statutory and regulatory obligations, as well as the obligations to be set out in the assignment concerned; or (c) has not, during the current term of the assignment, committed a material breach of its provisions.