S.L. 399.48 чл. 38Transferor leaseof individual rights of use for radio spectrum.

(1) An undertaking may transfer or lease individual rights of use for radio spectrum in the bands identified in the

Frequency Plan to other undertakings in accordance with the conditions attached to such rights of use of radio spectrum and with applicable law:

Provided that conditions attached to individual rights to use radio spectrum shall continue to apply after the transfer or lease, unless otherwise stated by the Authority:

Provided further that, the Authority may determine that this sub-regulation shall not apply where the individual right of use for radio spectrum of the undertaking was initially granted free of charge or assigned for broadcasting. AND SERVICES (GENERAL)

(2) Without prejudice to any applicable law or any procedures that the Authority may specify, an undertaking shall notify its intention to transfer or lease rights of use for radio spectrum, as well as the effective transfer thereof to the Authority, and the Authority shall ensure that such intention is made public:

Provided that in the case of a harmonised radio spectrum, any such transfer shall comply with such harmonised use.

(3) The Authority shall allow the transfer or lease of rights of use for radio spectrum where the original conditions attached to the rights of use are maintained.

(4) Without prejudice to the need to ensure the absence of a distortion of competition, in particular in accordance with regulation 39, the Authority:

(a) shall submit transfers and leases to the least onerous procedure possible;

(b) shall not refuse the lease of rights of use for radio spectrum where the lessor undertakes to remain liable for meeting the original conditions attached to the rights of use; and

(c) shall not refuse the transfer of rights of use for radio spectrum unless there is a clear risk that the new holder is unable to meet the original conditions for the right of use.

(5) Any administrative charge imposed on undertakings in connection with processing an application for the transfer or lease of rights of use for radio spectrum, shall comply with regulation 12.

(6) Sub-regulation (4)(a), (b) and (c) are without prejudice to the competence of the Authority to enforce compliance with the conditions attached to the rights of use at any time, both with regard to the lessor and the lessee, in accordance with applicable national law.

(7) The Authority shall facilitate the transfer or lease of rights of use for radio spectrum by considering any request to adapt the conditions attached to the rights in a timely manner and by ensuring that those rights or the relevant radio spectrum may to the best extent be partitioned or disaggregated.

(8) In light of any transfer or lease of rights of use for radio spectrum, the Authority shall make relevant details relating to tradable individual rights publicly available in a standardised electronic format when the rights are created and keep those details for as long as the rights exist.