S.L. 399.48 чл. 35Granting of individual rights of use for radio spectrum.

(1) Where it is necessary the Authority shall, upon request, grant individual rights of use for radio spectrum to any undertaking for the provision of electronic communications networks or services under the general authorisation referred to in regulations 5 and 6, subject to regulations 7 and 8, to regulation 16(1)(c) and to regulation 42 and to any other rules ensuring the efficient use of those resources in accordance with the Act and these regulations.

(2) The Authority shall establish open, objective, transparent, non-discriminatory and proportionate procedures for the grant of individual rights of use for radio spectrum:

Provided that the Authority may establish specific criteria and procedures for the granting of individual rights of use for radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in accordance with European Union law and with regulation 32:

Provided further that an exception to the requirement of open procedures may apply where the granting of individual rights of use for radio spectrum to the providers of radio or television broadcast AND SERVICES (GENERAL)

content services is necessary to achieve a general interest objective in accordance with European Union law.

(3) The Authority shall consider applications for individual rights of use for radio spectrum in the context of selection procedures pursuant to objective, transparent, proportionate and non-discriminatory eligibility criteria that are set out in advance and reflect the conditions to be attached to such rights. In doing so the Authority may request all necessary information from applicants in order to assess, on the basis of those criteria, their ability to comply with those conditions. Where the Authority concludes that an applicant does not possess the required ability, it shall provide a duly reasoned decision to that effect.

(4) When granting individual rights of use for radio spectrum, the Authority shall specify whether those rights can be transferred or leased by the holder of the rights, and under which conditions. The provisions of regulations 32 and 38 shall apply in this regard.

(5) The Authority shall take, communicate and make public the decisions on the granting of individual rights of use for radio spectrum as soon as possible after the receipt of the complete application, and within six weeks after such receipt in the case of radio spectrum declared available for electronic communications services in the Frequency Plan.

Provided that such time limit shall be without prejudice to regulation 42(9) and to any applicable international agreements relating to the use of radio spectrum or of orbital positions.