Singapore legislation
Section 6
Section 6
Power to grant spectrum right
(1)
The Authority may, with the consent of or in accordance with the terms of a general authority given by the Minister, grant any spectrum right —
unconditionally or subject to such conditions as the Authority may impose and specify in the grant of the spectrum right, including conditions on the sharing and trading of radio frequency spectrum; and
irrevocably or subject to revocation as specified in the grant of the spectrum right for the allocation and use of the radio frequency spectrum specified in the grant.
(2)
A spectrum right may be granted under subsection (1) to any person or class of persons, or to a particular person.
(3)
For the purposes of subsection (1), the Authority may, subject to the regulations made under section 97, specify, in such form and manner as the Authority thinks fit —
the procedure and requirements for the grant of a spectrum right under subsection (1);
the conditions for participating in the process for the allocation of the spectrum right; and
the fees and charges payable, or the manner of determining the fees and charges payable, for the grant of the spectrum right.
(4)
Without affecting subsection (3), the Authority may employ any, or any combination, of the following methods to determine the grant of a spectrum right:
auction;
tender;
allocation of the spectrum right in exchange for such fees or charges as determined or negotiated by the Authority.
(5)
The grant of a spectrum right to a person under subsection (1) is subject to the person paying to the Authority such fees or charges as may be specified, or as may be determined in the manner specified, by the Authority under subsection (3)(c).
(6)
A person who is granted a spectrum right under subsection (1) must also pay to the Authority such other fees or charges for the grant, or such periodic fees or charges for the duration of the grant, or both, as may be specified, or as may be determined in the manner specified, by the Authority under subsection (3)(c).
(7)
The fees or charges payable by a person to the Authority under subsections (5) and (6) are recoverable by the Authority from the person as a debt due to the Authority.
(8)
No person is to question whether the grant of a spectrum right under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a spectrum right granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.
(9)
The grant of spectrum rights under subsection (1) is at the discretion of the Authority.
(10)
This section does not prevent the Minister from directing the Authority to grant a spectrum right in any specific case.
(11)
Anything done under and in accordance with a spectrum right granted under subsection (1) does not constitute an infringement of the privilege conferred by section 3.
(12)
For the purposes of giving effect to this section or any of the regulations referred to in subsection (13), the Authority may give directions to any person who has been granted a spectrum right under subsection (1) concerning the use of the spectrum right.
(13)
For the purposes of giving effect to this section, the Authority may by regulations made under section 97 —
provide for the exclusion of any person from participation, or limiting the person’s participation, in the process of allocation of any spectrum right;
without affecting subsection (1)(a), specify the types of conditions that the Authority may impose on the grant of any spectrum right;
provide for the variation of the conditions of the grant of any spectrum right;
provide for the resumption, by agreement or compulsorily, of any spectrum right or part of any spectrum right;
provide for the suspension or cancellation of the grant of any spectrum right or part of any spectrum right and the grounds for suspension or cancellation; and
impose on a person who is granted any spectrum right, for the breach of any of the conditions of that grant or of any direction issued under this section, a financial penalty of an amount not exceeding the higher of the following amounts:
10% of the annual turnover of that part of the person’s business in respect of which the person is granted the spectrum right, as ascertained from the person’s latest audited accounts; or
$1 million.[5A