Issuing frequency licences and appealing decisions
When issuing frequencies, efficient use of society’s resources through sustainable competition, free movement for services and harmonised use of frequencies must be taken into consideration.
In connection with the advertisement of a limited number of spectrum licences, the selection criteria shall be objective, transparent, non-discriminatory and proportionate. A frequency licence is a right of use to a part of the electromagnetic spectrum.
Frequency licences are granted either as general frequency licences (Free Use Regulations) or as spectrum licences/transmitter licences. All individual frequency licences are subject to administrative charges, cf. Section 12-1 of the Electronic Communications Act.
Appeals of decisions
Individual decisions can be appealed by a party to the case or another party with a legal interest in appealing the case.
NPT issues individual frequency licences in individual decisions. The party that is issued a frequency licence can therefore appeal Nkom's decision. The deadline for submitting appeals is 3 weeks, cf. Section 29 of the Public Administration Act. Appeals to decision must be sent to Nkom which will prepare recommendations in an appeal case that is sent to the Ministry of Transport and Communications.
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.