Frequency Spectrum Licensing and Regulations
About Frequency Spectrum Licensing
The National Communications Authority (NCA) is responsible for the management and regulation of the radio frequency spectrum in South Sudan. The National Communications Frequency Regulations, 2016, outline the conditions, requirements, and procedures for obtaining and maintaining a frequency spectrum license. Below is an overview of key aspects of the frequency spectrum licensing process and regulatory obligations.
Eligibility and Application for Frequency Spectrum License
To obtain a frequency spectrum license, applicants must meet the eligibility criteria set by the NCA, which are periodically published. No individual or organization is permitted to establish, install, or operate a radio communication station without a valid license from the NCA. Licenses do not confer ownership rights over the frequencies; instead, they grant permission to use them under specific conditions.
When applying for a license, the NCA considers factors such as spectrum availability, the potential for harmful interference, and the latest technical advancements to ensure the efficient use of the spectrum.
Assignment and Use of Frequencies
The NCA assigns frequencies to licensees only after confirming that the assignment will not cause harmful interference with existing stations. Licensees are required to use the assigned frequencies according to the technical and operational parameters specified by the NCA. Licensees must also keep an up-to-date inventory of their assigned frequencies and ensure their efficient use.
Obligations of Licensees
Licensees are obligated to:
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Maintain regular payment of annual fees.
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Utilize the assigned frequencies within the period specified.
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Follow measures to eliminate unauthorized emissions and harmful interference.
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Seek written consent from the NCA before making any significant changes to their licensed stations, such as altering antenna height or relocating equipment.
The NCA may direct licensees to migrate to new frequency bands if necessary, and all such directives must be implemented without imposing an unreasonable burden on the licensee.
Monitoring, Inspection, and Compliance
The NCA actively monitors all licensed radio emissions to ensure compliance with the licensed parameters and the efficient use of the spectrum. Licensees must allow NCA officers access to their installations for inspection and provide all relevant records upon request. Any interference experienced by the licensee must be reported to the NCA, which may require specific measures to mitigate the interference.
Offences and Penalties
Violations of the frequency spectrum regulations, such as using a radio communication station for unlawful purposes or failing to provide accurate information to the NCA, are serious offenses. Penalties for such violations may include fines of up to USD 1,000,000 or imprisonment for up to five years, or both.
Frequency Spectrum Pricing
The NCA sets the pricing for frequency spectrum licenses based on several factors, including the size of the spectrum assigned, the frequency band, market demand, and geographical usage. Licensees are required to pay the license fees as determined by the NCA. Failure to use the assigned frequencies within the specified period may result in the recall of those frequencies without a refund of the fees paid.