(1) Notwithstanding section 5 of the Act of 1926 but subject to any regulations made under section 6 of that Act, where the Regulator specifies conditions to be attached to rights of use for radio spectrum, it may only attach such conditions as are listed in Part D of Schedule 1. The Regulator may specify that certain conditions do not apply to undertakings of such class or type as may be determined by the Regulator from time to time.

(2) Any -

(a) attachment of conditions under paragraph (1), or

(b) non-application under paragraph (1) of conditions to undertakings of a class or type as may be determined by the Regulator,

to rights of use for radio spectrum shall be non-discriminatory, proportionate and transparent and shall be in accordance with Regulation 27.

(3) An undertaking shall comply with the conditions attaching to rights of use for radio spectrum applicable to it.