Section 64, The Telecommunications Act, 2006

(1) Subject to the applicable international treaties oragreements, all frequencies required for the operation of any telecommunications network shall be allocated by the Commission and, accordingly, any application for frequency shall be made to the (2) For the purposes of subsection (1), the Commission shall have the power to- (a) license any person or organisation to use specific radio frequencies for specific purposes, on such conditions and in consideration of such payments as it thinks appropriate, but the Commission shall reserve certain bands of radio frequencies for the exclusive use of the generality of the public, for various communications and other nonbusiness appliances of a purely private nature working within a short range not exceeding 458 metres between terminal yards, without the need for a specific licence; 40 41 Use of private property. Allocation management of radio frequencies. (b) ensure efficient use of the radio frequency spectrum and the geo-stationary satellite orbit; (c) establish, after consultation with all major stakeholders, a national frequency allocation table which may be reviewed from time to time according to the circumstances; (d) allocate, using the necessary co-ordination procedures, frequencies or groups of frequencies for use by licensees and other radio based systems; (e) monitor the use of the spectrum for purposes of eliminating harmful interference, frequency allocation planning and frequency allocation and for making spectrum-occupancy related information available to industry and consumers; (f) make regulations necessary for the management of the use of the spectrum and in making such regulations the Commission shall take into account socio-economic imbalances; (g) prescribe tariffs for the use of the radio frequency spectrum; (h) in the allocation or assignment of frequencies, give due regard to the requirements of safety and emergency services; (i) where necessary, specify compatibility standards for the interworking of radio frequency equipment and ensure that the standards are adhered to. (3) In allocating frequencies under subsection (1), the Commission shall take into account– (a) the availability of frequencies; (b) the fair distribution of the available frequencies; (c) technical characteristics of the equipment involved and its capability to interconnect with other communications equipment and networks. (4) Without prejudice to subsection (3), in allocating frequencies, the Commission shall, in the public interest, have power to- (a) classify radio stations; (b) determine the location of classes of stations or individual stations and approve their call signs; (c) assign bands of frequencies of various classes of stations and assign frequencies for each individual station and determine the power which each station shall use and the time within which it may operate; (d) modify the allocation or designation of frequencies; (e) establish areas or zones to be served by any station as appropriate; having regard to the efficient utilization of frequencies; (f) designate standards of equipment to be used with respect to the external sharpness or strength of the emissions from each station and from the equipment in it; 42 43 (g) ensure the avoidance of harmful emissions, interference or illegal broadcasting. (5) Nothing in this Act shall be taken to permit the modification, suspension or cancellation of a frequency allocated by the Commission to an operator because of views or opinions expressed through the medium of the operator, unless such expression is a breach of a condition of his licence.