ICT Policy- September 2009

4. SPECTRUM: A National Resource

a. Policy Issue

The Radio Frequency Spectrum is a valuable national resource and must be managed efficiently on principles of equity and flexibility, taking account of international protocols, innovation and market dynamics. Existing anomalies in the licence fee regime will need to be addressed.

b. Policy Objectives
To have efficient spectrum planning, allocation and assignment in accordance with international best practices, protocols and standards, taking account of the need to:
(i) Facilitate the deployment of existing and emerging wireless technologies;
(ii) Derive maximum economic benefit and promote development;
(iii) Attract investments; and
(iv) Establish a protocol for the declaration and treatment of licence exempt spectrum.

c. Policy Statements

(i) Provision will be made in the legislation for the licensing and management of the radio frequency spectrum.
(ii) Provision will be made in the legislation for the suspension and revocation of the right to use the spectrum allocated, in the interest of national security or defence upon a directive from the Minister with portfolio responsibility for spectrum issues.
(iii) Government will reserve the right to determine the framework by which Spectrum is assigned and the Regulator will administer the process.
(iv) Provision will be made in the legislation for the Regulator to have enforcement powers to deal with the illegal use of spectrum. The relevant section of the Post and Telegraph Act will be repealed.
(v) Provision will be made in the legislation for recovery and "refarming" of previously assigned spectrum that is underutilized and/or used inefficiently, taking account of licensing terms and conditions and international best practices.
(vi) Provision will be made for the ‘use or lose' principle.
(vii) Provision will be made in the legislation for the declaration of licence exempt spectrum bands.
(viii) The legislation will make provision requiring that all users of non exempt spectrum bands be licensed.
(ix) Licence fees will be computed taking account of the nature of the use or change in the use of assigned bands.
(x) Provision will be made in the legislation for the Regulator to waive licence fees for certain specified services in accordance with government policy.
(xi) Provision will be made to require all licensees to contribute to the cost of regulation unless otherwise exempted in keeping with domestic imperatives and taking account of international best practices.
(xii) Provision will be made in the legislation for allocation of radio spectrum to accommodate law enforcement, public safety, emergency and other services of national interest.
(xiii) Provision will be made in the legislation for continued use of regulatory mechanisms that empower the Regulator to ensure the most efficient use of the spectrum and to enhance and facilitate competition.
(xiv) Provision will be made for the promulgation of a new Spectrum Management Policy to include regional harmonization and technological evolution.