Article 46 Authorisation of the use of radio spectrum
1. Member States shall facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use in light of demand and taking into account the criteria set out in the second subparagraph. In all other cases, they shall set out the conditions for the use of radio spectrum in a general authorisation.
To that end, Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, taking account of:
(a) the specific characteristics of the radio spectrum concerned;
(b) the need to protect against harmful interference;
(c) the development of reliable conditions for radio spectrum sharing, where appropriate;
(d) the need to ensure technical quality of communications or service;
(e) objectives of general interest as laid down by Member States in accordance with Union law;
(f) the need to safeguard efficient use of radio spectrum.