The termination or transfer of a frequency licence
Termination of frequency licences
There are three different methods for terminating a frequency licence:
- The licence expires on the date stated in the licence. If no such date is stated, the licence was issued without an expiry date.
- The licence holder terminates the frequency licence
- Nkom withdraws the frequency licence
The holder of a frequency licence can cancel the licence. Notice of this must be in writing, dated and signed by a person/people who can legally bind the holder of the of frequency licence. When Nkom has received notice of the cancellation, confirmation must be sent to the customer that this has been received.
In the event of serious and repeated breach of the licence, Nkom can withdraw a licence which Nkom has issued if this can be done in accordance with the rules in Section 10-8 of the Electronic Communications Act. Before a frequency licence can be withdrawn, Nkom must, as a main rule, have attempted to make the licence holder remedy the illegal situation by imposing coercive fines pursuant to Section 10-7 of the Electronic Communications Act and/or order corrections and changes pursuant to Section 10-6 of the Electronic Communications Act.
Transfer of frequency licences
When requested by the frequency licence holder, Nkom can hand down individual decisions to transfer via sale or lease a frequency licence that we have issued, cf. The Electronic Communications Act § 6-5. Both the licence holder and the party that shall be the new licence holder must confirm that they consent to the transfer through the signature(s) of a person/people who can legally bind the company.
Before any sale may take place, the holder of the licence shall inform the Authority of the planned transfer. The Authority may order transfers to be carried out in accordance with the procedures laid down, as well as in a manner that safeguards competition and a harmonised use of the frequencies pursuant to the national frequency plan. The Authority may refuse the sale of frequencies to prevent an anti-competitive effect.
The holder shall inform the Authority of any planned leasing of frequencies that may have a significant impact on competition. The Authority may refuse the lease of frequencies to prevent an anti-competitive effect.