(1)The Regulator may, subject to sections 13 and 37 of the Act of 2002, impose fees for rights of use for radio spectrum, which reflect the need to ensure the optimal use of that radio spectrum. Where the Regulator intends to impose such fees, the Regulator shall publish on the website of the Regulator the proposal and allow any person affected by the proposal 28 days to make comments. The Regulator shall consider the comments and, if it considers it appropriate, consult with the person making them.

(2) The Regulator shall ensure that any such fees referred to in paragraph (1) are objectively justified, transparent, non-discriminatory and proportionate in relation to their intended purpose and shall take into account the objectives of the Regulator as set out in section 12 of the Act of 2002 and the general objectives of the Directive and these Regulations.

(3) With respect to rights of use for radio spectrum, the Regulator shall seek to ensure that applicable fees are set at a level which ensures efficient assignment and use of radio spectrum by:

(a) setting reserve prices as minimum fees for rights of use for radio spectrum by having regard to the value of those rights in their possible alternative uses;