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Singapore legislation

Regulation 16

of Telecommunications (Radio-communication) Regulations

Regulation 16

Suspension or cancellation of spectrum right, etc.

Amended byS 100/2016 wef 01/04/2016S 707/2005 wef 11/11/2005

Subregulation 1

If the Authority is satisfied that —

(a)

a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission —

(i)

any of the provisions of the Act or these Regulations; or

(ii)

any direction given to the person by the Authority under section 27, 32D or 32F(2) of the Act; or

(b)

a grant of the spectrum right was obtained by fraud or misrepresentation,the Authority may, by notice in writing and without payment of any compensation, suspend or cancel the grant of the spectrum right or part thereof.

Subregulation 2

Amended byS 100/2016 wef 01/04/2016

If the Authority is satisfied that a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission —

(a)

any condition of the grant of the spectrum right; or

(b)

any direction given to the person by the Authority under section 5A(8) of the Act,the Authority may, by notice in writing and without payment of any compensation, do either or both of the following:

(i)

suspend or cancel the grant of the spectrum right or part thereof;

(ii)

require the person to pay, within such time as may be specified in the notice, a financial penalty of an amount not exceeding the higher of the following amounts:

(A)

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;

(B)

$1 million.

Subregulation 3

The Authority shall, before suspending or cancelling the grant of any spectrum right or part thereof under paragraph (1) or (2)(i) —

(a)

give to the person to whom the spectrum right was granted notice in writing of its intention to do so; and

(b)

in such notice call upon that person to show cause within such time as may be specified in the notice as to why his spectrum right or part thereof should not be suspended or cancelled.

Subregulation 4

If the person to whom a notice has been given under paragraph (3) —

(a)

fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or (b)fails to show sufficient cause, the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of his spectrum right or part thereof is to take effect.

Subregulation 5

Amended byS 707/2005 wef 11/11/2005

Any financial penalty payable by any person under paragraph (2)(ii) shall be recoverable by the Authority as a debt due to the Authority from that person and the person’s liability to pay shall not be affected by his spectrum right or any part thereof ceasing (for any reason) to be in force.