Guidelines for the preparation of a National Table of Frequency Allocations (NTFA)
9
be reserved for licence-exempt
use that satisfies certain technical or operational conditions, for example
restricted power levels and geographic range. For licensed use, this detailed level usually includes
establishing policies for technical conditions for frequency use. Conditions of use may vary widely, from
reserving particular frequencies for specific uses with detailed technical requirements (for example:
channel plans, equipment standards and assignment criteria), to allowing considerable flexibility in
spectrum use for particular bands or services with light technical requirements (e.g. a simple spectrum
mask). This information on detailed frequency use can be published either as part of the NTFA (e.g. in
referenced annexes to the NTFA) or as a separate National Table of Frequency Use.
4 The essential requirements for effective national spectrum
management
4.1 Legal basis for spectrum management
The foundation of effective spectrum management is to ensure that the legal basis for the regulation of the
spectrum is set out in legislation and detailed in regulations made pursuant to the legislation. Legislation
should set out such things as definitions, powers of the Minister or head of the spectrum regulatory
authority, the powers of others involved in spectrum regulation, offences and penalties and the
organizational structure and framework for regulation of the spectrum.
In addition to the legislation and regulations, there may be other publications issued by the spectrum
regulator that provide guidance to a specific group or groups of users of the spectrum.
Something to consider when establishing the legal framework is the use of incorporation by reference. Since
legislation or even regulations are usually not frequently amended, often incorporation by reference is used
to give legal effect to subservient text or documents. Under incorporation by reference, texts in one
document having a certain legal status, such as the legislation or regulations, may cite other documents
that normally would not have the same legal status and, depending on the nature of such reference,
incorporation may confer the same legal status on these other documents. For example, regulations may
state that a certain standard, perhaps developed by an international body, shall apply in a given situation.
Such incorporation by reference of texts can be of two types: static incorporation or dynamic incorporation.
In the former, a specific document issued at a specific date is referred to in the legal text. In the case of
dynamic incorporation by reference, the reference in the legal text is to a specific document but with a
phrase like “as amended from time to time”, which allows for changes without going through the entire
legislation or regulation approval process.
In order to preserve clarity and authority in rule-making, the scope of such delegation should be clearly
defined. Legislation and/or regulations must make clear who has authority to designate changing sources
of external reference when these are not already specified in existing regulation. Such delegation should
be set out in a delegation instrument approved by that institution. The development of legislation and
regulations and all subservient documentation should be developed in a transparent way with full
consultation of spectrum users.
It should be noted that Article 18 (18.1.1) of the Regulations mandates that: “No transmitting station may be established
or operated by a private person or by any enterprise without a licence issued in an appropriate form and in conformity
with the provisions of these Regulations by or on behalf of the government of the country to which the station in question
is subject”. Hence, “licence-exempt” and similar expressions (e.g. “unlicensed”, etc.), refers to radio devices with
transmitting capabilities (emitting radio waves) that can be operated by any person, without previously obtaining a
particular authorization for it (particular licence).
This particular licensing waiving is only possible because of operation of such devices has been previously authorized to
all public through a Generic Use Authorization (GUA), also named General Licence, or equivalent names. GUA always
includes a set of detailed technical and operational specifications that must be strictly obeyed when operating such
devices, in order to guarantee they can be used with a very low risk of causing interference to other similar devices or
other services. Then, when a NTFA includes these licence exemptions, the pertinent GUA (or equivalent) should also be
included or referenced.