Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2023 - onwards
Version 2 of 2

Regulation 28 Authorisation of use of radio spectrum

(1) The Regulator shall facilitate the use of radio spectrum, including shared use, under a general authorisation under these Regulations 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 paragraph (2). In all other cases, the Regulator shall set out the conditions for the use of radio spectrum in a general authorisation.

(2) The Regulator may decide to grant individual rights of use for radio spectrum by way of licence 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 or on behalf of the Government or a Minister of the Government in accordance with European Union law;

(f) the need to safeguard efficient use of radio spectrum.