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Duty to provide information

Norwegian Communications Authority (Nkom) sometimes requires information from different holders of frequency licences for Nkom to be able to perform its duties associated with frequency planning, frequency allocation and/or monitoring frequency use. An individual decision is then handed down regarding this. Individual decisions can be appealed.

Decision to request information from the holder of a frequency licence

Examples of data that could be useful to Nkom are the geographical location of antennas and base stations or the antenna parameters.  

Nkom may request information that is necessary for the implementation of the Electronic Communications Act, decisions made pursuant to the Electronic Communications Act, or obligations resulting from international agreements to which Norway has become a party, cf. Section 10-3 of the Electronic Communications Act.

If Nkom requires such information, a decision is issued concerning this. The party that receives such a decision has an obligation to submit the information Nkom has requested.

Appeals to decisions

Individual decisions may be appealed by a party to the case or another party with a legal interest in appealing to the case, to the administrative agency (appellate instance) which is the immediate superior of the administrative agency that made the administrative decision (subordinate instance), cf. Section 28 of the Public Administration Act.

Nkom issues individual frequency licences in individual decisions. The party that is awarded a frequency licence can therefore appeal Nkom's decision. The deadline for lodging an appeal is 3 weeks, cf. Section 29 of the Public Administration Act. Appeals to decisions must be sent to Nkom which will prepare recommendations in an appeal case that is sent to the Ministry of Transport and Communications. Nkom can use up to 2 months to prepare recommendations in an appeal case and the Ministry of Transport and Communications can use up to 2 months to decide on an appeal. 

The party that receives a decision to provide information to Nkom, cf. Section 10-3 of the Electronic Communications Act, has the right to appeal the decision. The deadline for lodging appeals to such decisions is shorter and appeals must be submitted immediately or within 3 days at the latest, cf. Section 14 of the Public Administration Act.