S.L. 399.48 чл. 37Renewal of individual rights of use for harmonised radio spectrum. Cap. 418.

(1) The Authority shall take a decision on the renewal of individual rights of use for harmonised radio spectrum in a timely manner before the duration of those rights expires, except where, at the time of assignment, the possibility of renewal has been explicitly excluded:

Provided that for such a purpose, the Authority shall assess the need for such renewal of its own initiative or upon request by the holder of the right, in the latter case not earlier than five years prior to expiry of the duration of the rights concerned. This shall be without prejudice to renewal clauses applicable to existing rights.

(2) In taking a decision pursuant to sub-regulation (1), the Authority shall consider, inter alia:

(a) the fulfilment of the objectives set out in article 4 of the Act, regulation 32(1) and regulation 35(2), as well as public policy objectives under European Union law or national law;

(b) the implementation of a technical implementing measure adopted in accordance with Article 4 of Decision No 676/ 2002/EC;

(c) the review of the appropriate implementation of the conditions attached to the right concerned;

(d) the need to promote, or avoid any distortion of, competition in line with regulation 39;

(e) the need to render the use of radio spectrum more efficient in light of technological or market evolution; and

(f) the need to avoid severe service disruption.

(3) When considering possible renewal of individual rights of use for harmonised radio spectrum for which the number of rights of use is limited pursuant to sub-regulation (2), the Authority shall conduct an open, transparent and non-discriminatory procedure, and shall, inter alia:

(a) give all interested parties the opportunity to express their views through a public consultation in accordance with article 4A of the Malta Communications Authority Act; and

(b) clearly state the reasons for such possible renewal.

(4) The Authority shall take into account any evidence arising from the consultation pursuant to sub-regulation (3) of market demand from undertakings other than those holding rights of use for radio spectrum in the band concerned when deciding whether to renew the rights of use or to organise a new selection procedure in order to grant the rights of use pursuant to regulation 42.

(5) A decision to renew the individual rights of use for harmonised radio spectrum may be accompanied by a review of the fees as well as of the other terms and conditions attached thereto. Where appropriate, the fees for the rights of use may be adjusted as necessary in accordance with regulation 31.