Decision No.1/7 of the Board of the Public Utilities Commission

Adopted 16 June 2011

Regulations Regarding the Rights of Use of the Radio Frequency Spectrum

Issued pursuant to
Section 47, Paragraphs one, three and five of
the Electronic Communications Law

I. General Provisions

1. This Regulation prescribes the procedures by which an electronic communications merchant (hereinafter - merchant) shall submit a request for the allocation, extension, cancellation or retransfer of the rights of use of the radio frequency spectrum in commercial activities to the Public Utilities Commission (hereinafter - the Regulator) and by which the rights of use of the frequency spectrum in commercial activities shall be allocated, extended, cancelled or retransferred.

2. In order to acquire, extend the time period, cancel or retransfer the rights of use of the radio frequency spectrum, the merchant shall submit to the Regulator a precisely and completely filled in original of the written request for the allocation of the rights of use of the radio frequency spectrum (Annex 1), for the extension of the rights of use of the radio frequency spectrum (Annex 2), for the cancellation of the rights to use the radio frequency spectrum (Annex 3) or for the retransfer of the rights of use of the radio frequency spectrum (Annex 4).

3. The Regulator has the right to request that the merchant clarifies the information included in the request in order to objectively settle the issue on allocation, extension, cancellation or retransfer of the rights of use of the radio frequency spectrum.

4. The date of receipt of the request submitted by the merchant shall be the date when the Regulator registers the request of the merchant which has been submitted in accordance with the requirements laid down in Paragraph 2 of this Regulation and which includes all the information laid down in Annex 1, 2, 3 or 4 of this Regulation.

5. The Regulator shall examine individually each request specified in Paragraph 2 of this Regulation, taking into consideration the laws and regulations in force, the activities of the merchant and existing situation in commercial activities in the sector of electronic communications and the available range of the radio frequency spectrum in accordance with the information obtained from the State stock company "Electronic Communications".

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6. The exploitation of the rights of use of the radio frequency spectrum in a certain territory shall be initiated if the merchant has received the authorisations for the use laid down in Sub-paragraph 6.3 and Paragraph 9 of Cabinet Regulation No. 453 of 6 June 2006, Regulations Regarding Permits for the Use of Radio Frequency Allocation (hereinafter - Authorisation for the Use).

7. After receipt of a request for allocation of the rights of use of such band of the radio frequency spectrum which has been determined by the Cabinet as a band of the radio frequency spectrum for efficient use of which allocation of the rights of use of the radio frequency spectrum must be restricted in the sector of electronic communications, the Regulator shall publish information regarding the band of the radio frequency spectrum, for which the rights of use of the radio frequency spectrum has been requested, within 10 days.

8. The Regulator shall allocate, extend the term of validity or cancel the rights of use of the radio frequency spectrum, which have been acquired in accordance with the tendering or auctioning procedure regulations, in accordance with the by-law of the tender or auction and this Regulation.

9. The Regulator shall publish the decision taken on the rights of use of the radio frequency spectrum, as well as information regarding the term of validity of the rights of use of the radio frequency spectrum and the list of such rights of use of the radio frequency spectrum, the term of validity of which will not be extended after expiry of the term of validity thereof, on the website of the Regulator www.sprk.gov.lv. The Regulator shall publish information regarding the bands of the radio frequency spectrum for which the Cabinet has determined the time period of release of the relevant band of the radio frequency spectrum for radio communications types or radio communications systems, not later than two years prior to the time period of release of the relevant band of the radio frequency spectrum.

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II. Allocation of the Rights of Use of the Radio Frequency Spectrum

10. The Regulator shall allocate the rights of use of the radio frequency spectrum to a merchant for a specified period of time:

10.1. for the time period laid down in the tendering or auctioning procedure regulations, if the rights of use of the radio frequency spectrum are allocated to the merchant in accordance with tendering or auctioning procedures;

10.2. up to five years or to another term determined in laws and regulations, if the rights of use of the radio frequency spectrum are allocated to the merchant upon request for the allocation of the rights of use of the radio frequency spectrum;

10.3. for a time period not exceeding the time period determined by the Cabinet for release of the relevant band of the radio frequency spectrum for radio communications types or radio communications systems, if such has been determined.

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11. The Regulator shall allocate the rights of use of the radio frequency spectrum according to the division specified by the Cabinet for radio communications types and for radio communication systems.

12. The Regulator, when allocating the rights of use of the radio frequency spectrum for commercial activities, may lay down specific conditions for the exploitation of the rights of use of the radio frequency spectrum.

13. The Regulator may refuse to allocate the rights of use of the radio frequency spectrum to a merchant anew in the following cases:

13.1. the Regulator has refused to extend the term of validity of the rights of use of the radio frequency spectrum to the merchant, if the merchant has not complied with the requirements stipulated in Sub-paragraphs 16.1-16.2 of this Regulation;

13.2. the Regulator has cancelled the rights of use of the radio frequency spectrum in accordance with Sub-paragraphs 23.1-23.2 of this Regulation.

14. The Regulator shall allocate the rights of use of the bands 1980MHz - 2010MHz and 2170MHz - 2200MHz of the radio frequency spectrum, taking into consideration the decision of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services.

III. Extension of the Term of Validity of the Rights of Use of the Radio Frequency Spectrum

15. To extend the term of validity of the rights of use of the radio frequency spectrum, the merchant shall submit to the Regulator the request referred-to in Paragraph 2 of this Regulation for the extension of the rights of use of the radio frequency spectrum (Annex 2) not later than six weeks prior to the expiry of the term of validity of the rights of use of the radio frequency spectrum.

16. The Regulator shall extend the term of validity of the rights of use of the radio frequency spectrum, if during the term of validity thereof:

16.1. the merchant has complied with the laws and regulations, the decisions taken and the administrative provisions issued by the Regulator, including the specific conditions for the rights of use of the radio frequency spectrum determined by the Regulator, or the infringement is rectified within the time period laid down by the Regulator;

16.2. the merchant has complied with the requirements for the use of radio equipment, or the infringement is rectified within the time period laid down by the State stock company "Electronic Communications";

16.3. the merchant has valid Authorisations for the Use in the number and territory determined by the Regulator, if the merchant has been allocated the rights of use of the radio frequency spectrum for such band of the radio frequency spectrum, which has been determined by the Cabinet as the band of the radio frequency spectrum, for efficient use of which allocation of the rights of use of the radio frequency spectrum must be restricted in the sector of electronic communications. If the Regulator has not determined the number of Authorisations for the Use, the merchant shall have at least one valid authorisation for the use in the territory determined by the Regulator at the time of extending the term of validity of the rights of use of the radio frequency spectrum;

16.4. the merchant has at least one valid Authorisation for the Use in the territory determined by the Regulator, if the merchant has been allocated the rights of use of the radio frequency spectrum for such band of the radio frequency spectrum, which has been determined by the Cabinet as the band of the radio frequency spectrum, for efficient use of which allocation of the rights of use of the radio frequency spectrum must be restricted in the sector of electronic communications.

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17. The Regulator shall extend the term of validity of the rights of use of the radio frequency spectrum in accordance with the utilisation of the relevant band of the radio frequency spectrum laid down in the laws and regulations:

17.1. up to 10 years or to another term determined in laws and regulations;

17.2. for a time period not exceeding the time period determined by the Cabinet for release of the relevant band of the radio frequency spectrum for radio communications types or radio communications systems, if such has been determined.

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18. If at the time of extending the term of validity of the rights of use of the radio frequency spectrum the term of validity of the Authorisation for the Use for a merchant is shorter than the term of validity of the rights of use of the radio frequency spectrum allocated by the Regulator, the Regulator shall determine specific conditions for the rights of use - the requirements in relation to efficient exploitation of the radio frequency spectrum and provision of coverage, the term of validity of the rights of use of the radio frequency spectrum.

19. The Regulator shall extend the term of validity of the rights of use of the radio frequency spectrum according to the division of radio communications types and radio communications systems laid down by the Cabinet.

20. The Regulator shall determine specific conditions for the exploitation of the rights of use of the radio frequency spectrum, evaluating the request by the merchant for extending the term of validity of the rights of use of the radio frequency spectrum and other actual circumstances.

IV. Cancellation of the Rights of Use of the Radio Frequency Spectrum

21. If the merchant partly or completely waives further exploitation of the rights of use of the radio frequency spectrum allocated to him or her, the merchant shall submit to the Regulator the request for the cancellation of the rights of use of the radio frequency spectrum laid down in Paragraph 2 of this Regulation (Annex 3) not later than 30 days before he or she ceases to exploit the allocated rights of use of the radio frequency spectrum.

22. The Regulator shall cancel the rights of use of the radio frequency spectrum allocated to the merchant upon its own initiative, if the merchant has been deleted from the list of electronic communications merchants in accordance with the laws and regulations.

23. The Regulator may cancel the rights of use of the radio frequency spectrum allocated to the merchant upon its own initiative, if at least one of the following conditions exists:

23.1. the merchant has not complied with the laws and regulations, the decisions taken and the administrative provisions issued by the Regulator, including the specific conditions for the rights of use of the radio frequency spectrum laid down by the Regulator, or the infringement has not been rectified within the time period determined by the Regulator;

23.2. the merchant has not complied with the requirements for the use of radio equipment, or the infringement has not been rectified within the time period determined by the State stock company "Electronic Communications";

23.3. the merchant does not have a valid Authorisation for the Use during the term of validity of the rights of use of the radio frequency spectrum;

23.4. the Regulator has discontinued the activities of the merchant in the provision of electronic communications services and ensuring of electronic communications networks, revoking the right to provide electronic communications services and to ensure an electronic communications network;

23.5. the merchant has not commenced the exploitation of the rights of use of the radio frequency spectrum allocated to him or her within the time period determined by the Regulator;

23.6. the merchant has been allocated the rights of use of the radio frequency spectrum upon request and the merchant has not commenced the exploitation of the rights of use of the radio frequency spectrum allocated to him or her within one year from the time when the rights of use of the radio frequency spectrum were allocated. This circumstance shall not apply to a band of the radio frequency spectrum, which has been determined by the Cabinet as to be exploited as temporary line sound and video SAP/SAB¹ (including ENG/OB)²;

23.7. the merchant has been allocated the rights of use of the radio frequency spectrum for a time period exceeding the time period of release of the relevant band of the radio frequency spectrum laid down in the laws and regulations.

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V. Retransfer of the Rights of use of the Radio Frequency Spectrum

24. To retransfer the rights of use of the radio frequency spectrum allocated by the Regulator, the merchant shall submit to the Regulator the request determined in Paragraph 2 of this Regulation for the retransfer of the rights of use of the radio frequency spectrum (Annex 4), appending thereto the original of the written confirmation by the merchant, to whom it is intended to retransfer the rights of use of the radio frequency spectrum, regarding the acquisition of the rights of use of the radio frequency spectrum in accordance with the procedures of retransfer, and the Regulator may decide on the retransfer of the rights of use of the radio frequency spectrum.

25. The rights of use of the radio frequency spectrum may not be retransferred to a merchant to whom the Regulator has refused to extend the term of validity of the rights of use of the radio frequency spectrum on the basis of the fact that the merchant has not complied with the requirements laid down in Paragraph 16 or has cancelled the rights of use of the radio frequency spectrum in accordance with Sub-paragraphs 23.1-23.6 of this Regulation.

26. The merchant to whom the rights of use of the radio frequency spectrum have been retransferred shall be responsible for the exploitation of the retransferred rights of use of the radio frequency spectrum in accordance with the division determined by the Cabinet for radio communications types and radio communication systems, and for the fulfilment of other duties and obligations.

VI. Closing Provisions

27. Decision No. 1/5 of the Public Utilities Commission of 24 March 2010, Regulations Regarding the Rights of use of the Radio Frequency Spectrum (Latvijas Vēstnesis, 2010, No. 53, 177), is repealed.

28. This Regulation shall come into force on the day following the publication thereof in the official gazette Latvijas Vēstnesis.

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Informative Reference to European Union Directive

This Regulation contains legal norms arising from Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

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¹ SAB/SAP - Services Ancillary to Broadcasting, Services Ancillary to Programme-making
² ENG/OB - Electronic News Gathering, Outside Broadcasting

Chairperson of the Public Utilities Commission V. Lokenbahs

 

Annex 1
to Decision No.1/7 of 16 June 2011 of the
Public Utilities Commission

Request for the Allocation of the Rights of use of the Radio Frequency Spectrum

1. Information regarding the merchant:

1.1. Name of the merchant

1.2. Uniform registration number

2. Information regarding the planned use of the radio frequency spectrum:

2.1. Purpose of use of the radio frequency spectrum (type of radio communications, technology)

2.2. Justification for the use of the radio frequency spectrum

2.3. Territory planned for the use of the radio frequency spectrum

2.4. Beginning of use of the radio frequency spectrum (year) and the time period of use

2.5. Band of the radio frequency spectrum requested from _________ MHz to _________ MHz

3. Other important information: (additional information submitted by the merchant at his or her discretion).

Date __________________

Person entitled to represent the merchant
		/signature and full name thereof/

/given name, surname of the person who prepared the document/

Telephone __________________

e-mail __________________

Chairperson of the Public Utilities Commission V. Lokenbahs

 

Annex 2
to Decision No.1/7 of 16 June 2011 of the
Public Utilities Commission

Request for the Extension of the Term of Validity of the Rights of use of the Radio Frequency Spectrum

1. Information regarding the merchant:

1.1. Name of the merchant

1.2. Uniform registration number

2. Use of the radio frequency spectrum:

2.1. Band of the radio frequency spectrum that is in actual utilisation from _________ MHz to _________ MHz, and the territory

2.2. Band of the radio frequency spectrum that is unutilised from _________ MHz to _________ MHz, and the territory

2.3. Reasons for not utilising the allocated radio frequency spectrum

2.4. Purpose of use of the allocated radio frequency spectrum and the technology utilised

3. Information regarding Extending the Term of Validity of the Right to Use the Radio Frequency Spectrum

3.1. Band of the radio frequency spectrum from _________ MHz to _________ MHz the usage right of which is requested by the electronic communications merchant

3.2. Territory in which the term of validity of the right to use the radio frequency spectrum is necessary

3.3. Time period for which it is necessary to extend the term of validity of the right to use the radio frequency spectrum

3.4. Justification for extending the allocated right to use the radio frequency spectrum, indicating the type of radio communications and the technology to be utilised

4. Other substantial information: (additional information submitted by the electronic communications merchant at his or her discretion).

Date __________________

Person entitled to represent the merchant
		/signature and full name thereof/

/given name, surname of the person who prepared the document/

Telephone __________________

e-mail __________________

Chairperson of the Public Utilities Commission V. Lokenbahs

 

Annex 3
to Decision No.1/7 of 16 June 2011 of the
Public Utilities Commission

Request for the Cancellation of the Right to Use the Radio Frequency Spectrum

1. Information regarding the merchant:

1.1. Name of the merchant

1.2. Uniform registration number

2. Information regarding the right to use the radio frequency spectrum to be cancelled:

2.1. Right to use the band of the radio frequency spectrum from _________ MHz to _________ MHz and the territory in which cancellation thereof is requested

2.2. Planned date of cancellation of the right to use the radio frequency spectrum

3. Other substantial information: (additional information submitted by the electronic communications merchant at his or her discretion).

Date __________________

Person entitled to represent the merchant
		/signature and full name thereof/

/given name, surname of the person who prepared the document/

Telephone __________________

e-mail __________________

Chairperson of the Public Utilities Commission V. Lokenbahs

 

Annex 4
to Decision No.1/7 of 16 June 2011 of the
Public Utilities Commission

Request for Retransfer of the Right to Use the Radio Frequency Spectrum

1. Information regarding the merchant to whom the Regulator has allocated the right to use the radio frequency spectrum:

1.1. Name of the merchant

1.2. Uniform registration number

2. Information regarding the merchant to whom it is intended to retransfer the right to use the radio frequency spectrum:

2.1. Name of the merchant

2.2. Uniform registration number

3. Justification for the retransfer of the right to use the radio frequency spectrum.

4. Information regarding the right to use the radio frequency spectrum, planned to be retransferred:

4.1. Band of the radio frequency spectrum from _________ MHz to _________ MHz, for which the right to use has been allocated

4.2. Use of the radio frequency spectrum

4.2.1. Band of the radio frequency spectrum in actual utilisation from _________ MHz to _________ MHz, and the territory

4.2.2. Band of the radio frequency spectrum that is unutilised from _________ MHz to _________ MHz, and the territory

4.2.3. Reasons for not utilising the allocated band of the radio frequency spectrum

4.2.4. Purpose of using the allocated band of the radio frequency spectrum and the technology that is utilised

5. Information regarding the planned use of the radio frequency spectrum after retransfer:

5.1. Purpose of use of the band of the radio frequency spectrum (type of radio communications, technology)

5.2. Justification for the use of the band of the radio frequency spectrum

5.3. Territory planned for the use of the allocated band of the radio frequency spectrum

5.4. Beginning of use of the band of the radio frequency spectrum (year) and the time period of use

5.5. Retransferable band of the radio frequency spectrum from _________ MHz to _________ MHz

6. Other substantial information: (additional information submitted by electronic communications merchants at their discretion).

Appended: Original of the written confirmation by the merchant unto whom it is intended to transfer the right to use the radio frequency spectrum regarding the receipt of the right to use the radio frequency spectrum by means of retransfer of rights on ____ pages.

Date __________________

Person entitled to represent the merchant
		/signature and full name thereof/

/given name, surname of the person who prepared the document/

Telephone __________________

e-mail __________________

Chairperson of the Public Utilities Commission V. Lokenbahs

 

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Translation © 2014 Valsts valodas centrs (State Language Centre)