Section 134, The National Communications Authority Act, 2022

(1) No person or entity shall possess, establish or operatea radio transmitter, including a radio transceiver unless that person or entity has an individual specific assignment issued by the Failure to obtain Radio transmitters. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (3) Before modifying, suspending or withdrawing any frequency spectrum assignment under this section, the Authority shall notify the assignee concerned in writing (a) stating that it proposes to act in the manner as specified in the notice and, as regards paragraph (b) of subsection (2) setting out any compensation payable for any damage caused thereby; (b) specifying the time, being not less than six (6) months from the date of serving notice on the assignee, within which written representations in respect of the proposed actions may be made. (4) Upon receipt of any representation referred to under subsection (3), the Authority shall give due and proper consideration to the representation and may -: (a) reject the representation; (b) amend the proposed actions or compensation payable in accordance with the representation or otherwise; (c) issue a written direction to the assignee requiring that, within a time that the Authority may specify, the proposed actions specified in the notice be brought into effect, or to carry out such actions as subsequently amended by the Authority. 131. (1) Frequency spectrum assignees shall in good faith coordinate their respective frequency usage with other assignees in order to:- (a) avoid harmful interference among frequency spectrum assignees; (b) ensure efficient use of any applicable frequency band; (c) allow the provision of cost-efficient services. (2) Where frequency spectrum assignees are unable or unwilling to co-ordinate in good faith as stipulated under subsection (1), the Authority shall intervene and resolve the dispute. (3) The Authority shall issue rules governing the coordination referred to under subsection (1), which may include a process for the resolution of disputes among frequency spectrum assignees on an expedited basis. 132. (1) The Authority may require anyone who it has reasonable cause to believe is an entity required to hold a frequency spectrum assignment under this Act to produce the assignment. (2) Where the Authority is authorised by a warrant issued by a magistrate court ,an authorised officer accompanied by a police officer, may, at any reasonable time, enter premises that are owned or occupied by an entity that the Authority has reasonable cause to believe is- (a) using frequencies in contravention of this Act; (b) causing harmful interference with other communications. (3) Where an authorised officer has entered or searched the premises and has reasonable cause to believe that an offence under this Act has been committed, or is about to be committed, the Authority may- (a) suspend the operation of the illegal activity; Enforcement. 98 99 Frequency coordination. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (2) The Authority shall issue the assignment based on conditions and in consideration of any payment it deems fit except that– (a) very low power transmitters, including transceivers (up to a range of 458 metres), operating in the frequency band reserved for use by the public and meant for purely private communications, pleasure or non-business appliances shall not require an assignment; (b) radio transceivers forming part of customer terminals operating in conjunction with a subscription to a public radio telecommunications networked and operated by an operator under a licence under this Act, shall not require a separate assignment.