Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829829953.pdf (Sierra Leone)
STATUTORY INSTRUMENT Supplement to the Sierra Leone Extraordinary Gazette Vol.

CXLXI, No.

72 ii dated 6th November, 2020 13.

Procedure to surrender a radio frequency spectrum licence THE TELECOMMUNICATION (RADIO FREQUENCY SPECTRUM) REGULATIONS 2020 PART I- INTERPRETATION 1.

Interpretation 2.

Application PART II-RADIO FREQUENCY SPECTRUM PLANNING 3.

Establishment of National Spectrum Committee 4.

Radio frequency spectrum planning 5.


Exemptions from frequency spectrum licence PART III-SPECTRUM LICENSING AND ADMINISTRATION 6.

Application for assignment for exclusive use of a radio frequency spectrum licence 7.

Application for assignment of shared use of unlicensed frequency spectrum 8.

Competitive bidding for licensed frequencies 9.

Procedure to amend a radio frequency spectrum licence 10.

Renewal of radio frequency spectrum licence 11.

Failure to renew a licence 12.


Procedure to transfer a radio frequency spectrum licence 14.

Withdrawal of radio frequency spectrum licence 15.

Temporary frequency spectrum licence 16.

Criteria for temporary frequency spectrum licence 17.

Similar task or activity 18.

Duration of trial PART IV-STANDARD CONDITIONS OF RADIO FREQUENCY SPECTRUM USE 19.

Licence duration 20.

Condition of radio apparatus and compliance with requirements of the Commission 21.
Transmitter power output of a frequency modulation or amateur radio station 22.

Spectrum sharing 23.

Spectrum coordination 24.

Spectrum dispute resolution 25.

Notification of interference 26.

Assignment and display of call sign 27.

Operation of radio apparatus on board a ship while it is in harbour 28.

Transmittal of distress signals 29.

Change of details 30.

Blocking device PART V- OFFENCE 42 Where Unit Price = Le.
4,000,000.00 Microwave Radio Frequency Band Band Factor 1 - 4 GHz 5GHz 6 GHz 7 - 12 GHz 12/13 GHz 15 - 18 GHz 19 - 25 GHz >25GHz 1.4 1.3 1.2 1.0 0.8 0.7 0.5 0.1 STATUTORY INSTRUMENT NO.

32 OF 2020 Published 6th November, 2020 THE TELECOMMUNICATIONS ACT, 2006 (Act No.

9 of 2006) THE TELECOMMUNICATION (RADIO FREQUENCY Short tittle SPECTRUM) REGULATIONS OF 2020.
In exercise of the powers conferred on the Commission by section 82 of the Telecommunications Act 2006, the Commission hereby makes the following Regulations - EXPLANATORY NOTE PART I–PRELIMINARY This is not part of the regulations but it is intended to indicate their general purport) The objective of these Regulations is to establish the framework through which the Commission may allocate and assign radio frequency spectrum - MADE THIS DAY OF 2020 MRS MADIANA NYANDA SAMBA ACTING CHAIRMAN/COMMISSIONER NATIONAL TELECOMMUNICATION COMMISSION PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
EXTRAORDINARY GAZETTE NO.

72 OF 6TH NOVEMBER, 2020.

1.
1.

In these Regulations, unless the context otherwise requires Interpretation - "Act" means the National Telecommunication Act, 2006 (Act No.9 of 2006); "amateur" means a person or entity that operates a radio networks solely for personal reasons and not for financial gain; "assignment" means the authorisation given by the Commission for the use of a radio frequency channel under specified conditions; "Commission" means the National Telecommunication Commission established under section 2 of the Act.
"digital" means any type of information that can be output, transmitted and interpreted as individual bits of binary information (the use of the numbers 0 and 1), using electrical or electromagnetic signals that can be modulated to convey their specific content; 2 3 "frequency modulation" means the encoding of information in a carrier wave by varying the instantaneous frequency of the wave; "gateway" means any mechanism for providing access to another network; "gigahertz" means a unit of measurement for alternating current or electromagnetic wave frequencies equal to 1,000,000,000 hertz.
"high frequency" means the range of radio frequency electromagnetic waves between 3 and 30 megahertz; "International Telecommunications Union" means an agency of the United Nations, whose purpose is to coordinate telecommunication operations and services throughout the world; "kilohertz" means a unit of measurement for alternating current, audio signals, and wireless signals; "licence" means a written authorisation granted by the Commission to utilise radio frequency spectrum; "licensee" means the holder of a licence issued under the Act; "megahertz" means a frequency unit of cycles per second thatmeasures transmissions through airwaves or conduits, such as network cable or fiber optic cable; " National Spectrum Committee " means the National Spectrum Committee established under regulation 3 "radio communications" mean- (a) radio emission; or (b) reception of radio emission for the purpose of communicating information between persons and persons, persons and things or things and things and reference to communicating information includes communicating information between a part of a thing and- (i) another part of the same thing; or (ii) the same part of that thing by means of radio waves; "radio communications device" means- (a) a radio communications transmitter; or (b) a radio communications receiver; "radio communication transmitter" means- (a) a transmitter designed or intended for use for the purpose of radio communications; or (b) anything whether artificial or natural that is designed or intended for use for the purpose of radio communications by means of the reflection of radio emissions; "radio communications receiver" means anything designed or intended for use for the purposes of radio communication by means of the reception of radio emission whether artificial or natural; "radio frequency spectrum" means the range of radio frequencies within the radio frequency band; 4 "radio frequency spectrum plan" means the division of the entire radio frequency spectrum into frequency bands for the purpose of regulating radio communications and specify the general purpose for which each other band may be used; "radio frequency spectrum sharing" means two or more licensees who have been granted radio frequency spectrum licence for all or part of the same frequency assignment.
"spectrum" means the part of the electromagnetic spectrum with frequencies from 30 Hertz to 300 GHz; "station" means a transmitter, receiver, a combination of transmitters and receivers, or any accessory thereto, which is used or intended to be used for radio communications; 2.

These Regulations shall apply to persons or bodies who Application.
require or utilise- 5 (a) radio frequencies for their business operations; (b) amateur radio frequencies to operate their stations; or (c) radio frequency spectrum for their private utilisation.

PART II-RADIO FREQUENCY SPECTRUM PLANNING 3.

(1) Pursuant to section 12 of the Act there is hereby established the National Spectrum Committee.

Establishment of National Spectrum Committee.
(2) The National Spectrum Committee shall be "transfer" means to transfer, cede or transfer a spectrum license from one person or entity to another; responsible for - "ultra-high frequency" means the radio frequencies in the range between 300 megahertz and 3 gigahertz, also known as the decimetre band as the wavelengths range from one meter to one tenth of a meter ; "very high frequency" means the range of radio frequency electromagnetic waves from 30 to 300 megahertz, with corresponding wavelengths of ten meters to one meter; "wireless access systems" means end-user radio connections to private or public core networks; (a) setting strategic directions for spectrum policy nationally and internationally; (b) overseeing the civil and defence spectrum and ensure the optimal use of the radio spectrum; (c) reviewing the national frequency allocation table; (d) making appropriate recommendations to the Commission or the Minister of defence, as the case may be, on the issue of the defense spectrum respectively; and (e) deciding on the position Sierra Leone takes in international spectrum related conferences.
6 Radio frequency spectrum planning.

4.

(1) The Commission shall develop and publish a national radio frequency spectrum assignment plan to promote transparency in the administration of the national spectrum resources, and ensure equal opportunities in the application for such resources.
(2) The plan shall contain the following information- (a) (b) (c) the types of services provided for various frequency bands, in line with the prescribed allocation guidelines of the International Telecommunications Union; specific terms and conditions for use of all of the frequency bands; the apportionment of the relevant frequency bands in the radio frequency plan for exclusive or shared assignment; (d) qualification criteria to meet by an applicant for spectrum resources to be licensed for its exclusive use; (e) the procedures and timelines to be followed for assignment and licensing of radio frequencies, where applicable; (f) detailed frequency channelling arrangements; and (g) any other requirement that the Commission may deem necessary in accordance with the provisions of the Act.
(3) The plan referred to in sub-regulation (1) shall be submitted to the National Spectrum Committee for approval.

7 Exemptions from frequency spectrum license.

Application for assignment of exclusive use of licence radio frequency spectrum.

(4) The national radio frequency spectrum assignment plan may require assignment to be issued for the whole or part of a radio frequency spectrum or a specific geographic area.
(5) The national radio frequency spectrum assignment plan shall indicate the specific cases in which spectrum licences will be assigned on a first-come, first-served basis or, where there is deemed to be insufficient spectrum to accommodate demand, on a competitive basis.

(6) The Commission may grant a radio frequency spectrum assignment to person either on an exclusive usage basis or on a shared basis for transmission or microwave radio frequencies.
(7) The Commission shall develop guidelines on the sharing of transmission or microwave radio frequencies among telecommunications operators in Sierra Leone, which shall be reviewed from time to time based on the evolution of technologies in the sector.

5.

The Commission shall from time to time publish the list of radio appliances and installations that are exempted from licence requirements.

PART III- SPECTRUM LICENSING AND ADMINISTRATION 6.


(1) An application for assignment of exclusive use of radio frequency licence shall be made in the prescribed form set out in the official web portal of the Commission.

(2) The applicant shall attach all relevant documents and pay the non-refundable application fee set out in the First Schedule .

(3) The Commission shall acknowledge receipt of the application within 7 working days from the date of submission .
(4) Where the application criteria is not complied with the Commission shall inform the applicant of its decision to reject the application within a period not exceeding 20 working days from the date of acknowledgment, stating the issues that led to the rejection.
8 9 (5) The Commission shall review the merits of the request and advice the National Spectrum Committee on whether the- (a) requests in the application are reasonable in terms of the amount of spectrum resources required, the proposed utilisation and type of services to be delivered; and (b) spectrum resources should be granted as requested or modified.
(6) The National Spectrum Committee may in reviewing an application for exclusive use of radio frequency spectrum, require an applicant to provide further information or to comply with additional terms and conditions issued for the assignment of the frequencies.

(7) The applicant shall be informed of the decision of the Commission within 45 working days from the date of receipt of an application.

Application for assignment of shared use of unlicensed frequency spectrum.

7.
7.

(1) An application for assignment of shared use of unlicensed radio frequency shall be made in the prescribed form set out in the official web portal of the Commission.

(2) The applicant shall attach all relevant documents and pay the non-refundable application fee set out in the First Schedule.

(3) The Commission shall acknowledge receipt of the application within 7 working days from the date of submission.
(4) Where the application criteria is not complied with the Commission shall inform the applicant of its decision to reject the application within a period not exceeding 20 working days from the date of acknowledgement stating the issues that led to the rejection .

(5) An application for the use of unlicensed radio frequency spectrum sharing shall not be referred to the National Spectrum Committee.
(6) The Commission shall inform an applicant for unlicensed radio frequency spectrum sharing of its decision within 21 working days from the date of receipt of the application.

8.

(1) Where the Commission determines that there is insufficient spectrum available to accommodate demand, the Commission may issue radio frequency spectrum licence on a competitive basis.

Competitive biding for licensed frequencies.


(2) Pursuant to section 67 of the Act the Commission shall launch an invitation to bid for radio frequency spectrum.

(3) Existing licensees shall have the right to participate.
(4) The decision of the Commission in the implementation of this regulation shall be based on a determination of whether- (a) the level of effective demand among existing operators is sufficient to achieve maximum benefits from the assignment of the spectrum; or (b) it is expedient to open up the bidding process to potential new applicants into the market.
(5) An invitation to bid for spectrum assignment shall contain the following information- (a) the objectives of the offer and invitation to bid; (b) the submission format for the applications; (c) the application fees; 10 11 (d) any qualification criteria that is applicable to determine eligibility of bidders; (e) (f) the terms and conditions relating to the application; the proposed licence terms and conditions for the assignment of the spectrum; (g) the deadline for the submission of the application; (h) conditions and procedures for the amendment of an application; (i) conditions and procedures for the submission of supplementary information; (j) conditions for the disqualification of an applicant from the application process; (k) the evaluation criteria; (l) the process for selecting the successful bidder; and (m) any other information or requirement that the Commission may deem necessary.
(6) The Commission may develop guidelines to award spectrum license based on the outcomes of bidding process.
(7) An applicant shall be disqualified from the bidding process where the applicant- (a) is proven to be an affiliate of another applicant or has an ownership or financial interest in another applicant within the same application process; (b) has been granted a radio frequency spectrum licence by the Commission within the designated range provided the licence has less than the maximum bandwidth made available in line with these Regulations, the applicant shall be allowed to re-apply for additional spectrum which results in total assignment not exceeding the maximum bandwidth made available; (c) has submitted more than one application to the Commission to grant a radio spectrum licence within the designated range; (d) has submitted an application which contains misleading information; (e) is colluding or has attempted to collude with another applicant with the intention to distort or manipulate information; (f) has obtained or acquired confidential information relating to the tender process or relating to another applicant; (g) has failed to comply with the terms and conditions of the application as set out in the tender documents; or (h) has failed to comply with the terms of these Regulations.
12 Procedure to amend a radio frequency spectrum license.

9.

(1) An application for an amendment of a radio frequency spectrum licence or assignment shall be submitted to the Commission accompanied with the following- (3) Where the prescribed licence fee is not paid by the due date, the radio frequency spectrum licence shall expire immediately on the last valid date of the current license year.
13 (a) a copy of the radio frequency spectrum licence and information regarding the condition imposed on the licence; (b) the planned dates after which the proposed amendment shall become valid; (c) details of all the proposed amendments and the reasons for the planned revision; and (d) proof of payment of the prescribed application fee.
(2) Where an amendment of a radio frequency spectrum licence has an effect on the spectrum fees payable to the Commission, the Commission shall issue an invoice in respect of the licence advising the applicant to settle the pro rata outstanding balance for the remainder of the licence year.
(3) The Commission may engage relevant stakeholders in public consultation process where an application for an amendment pertains to a radio frequency spectrum licence that potentially has substantial impact on long-term public interests.

Renewal of radio frequency spectrum licence.

10.

(1) The licensee shall renew a multi-year radio frequency spectrum licence prior to the expiration of the licence in the last year of the licence term by payment of the prescribed licence fee on or before the due date.
(2) A radio frequency spectrum licence shall be renewed on an annual basis by payment of the prescribed licence fee on or before the due date.

(4) A licensee who does not intend to renew his radio frequency spectrum licence shall submit an application for notice of surrender to the Commission on or before the last day of the current licence year and shall comply with the applicable terms for surrendering of a licence.

11.
11.

(1) Where a licensee has not renewed his radio frequency spectrum licence and continues to utilise the radio frequency spectrum after the last day of the current licence year, the Commission shall issue a notice to the person or body in question advising him - Failure to renew a licence.
(a) of the unlawful activity of utilising national spectrum resources without paying applicable fees; (b) (c) to make payment of applicable fees within 15 working days after receipt of the notice; and that he has 14 working days to respond to the notice of the Commission should he wishes to do so.

(2) Where the Commission receives a response under paragraph (c) of sub-regulation (1), the Commission shall inform the licensee of its decision and reasons for the decision.
(3) Where the decision of the Commission, is that the use of the radio frequency spectrum is unlawful, it shall inform the person or body affected that he should within (a) 21 working days of receipt of the decision, cease making use of the radio frequency spectrum; or 14 15 (b) 7 working days of receipt of the decision inform his end-users or subscribers, if any, of the date he will cease to provide the services in question.
(4) Where an affected party fails to comply with sub- regulations (1) or (3), the Commission shall seize the radio apparatus or equipment, issuing penalties and instituting criminal proceedings against the affected party.

12.

(1) A licensee shall not transfer any assigned radio frequency spectrum licence without the prior written approval of the Commission.

(2) An application to transfer a spectrum licence shall be- Procedure to transfer a radio frequency Spectrum licence.
(a) in the format as may be prescribed by the Commission; (b) accompanied by the prescribed fee; and (c) submitted by the prospective transferor to the Commission.

(3) The transferee intending to transfer a radio frequency spectrum that is subject to a licence for exclusive use may be required to submit additional information to the Commission.
(4) The Commission shall take the following steps when processing the transfer application - (a) publish a notice in its website, on the application to transfer the licence; (b) request any relevant information regarding the transaction to enable the consideration of the application; (c) allow the applicant an opportunity to submit written responses to information received in relation to the application for transfer within the period specified by the Commission; (5) The Commission may conduct a public hearing where the transfer of the licence potentially has substantial impact on long-term public interests.
(6) Where a radio frequency spectrum licence has been granted for a frequency any amount paid by the transferee to the transferor shall not exceed the value paid by the original licence holder adjusted on a pro rata basis for the remaining duration of the licence.
(7) A radio frequency spectrum licence transfer application shall be evaluated on the basis of the following- (a) technical efficiency; (b) functional efficiency; (c) economic efficiency; and (d) promotion of competition and in the interests of consumers.

13.

(1) Where a licensee on longer requires the spectrum for his business he may surrender his radio frequency spectrum licence.
(2) A licensee who intends to surrender his radio frequency spectrum licence shall submit the following to the Commission- Procedure to surrender a radio Frequency spectrum licence.
(a) completed notice of surrender application form in the format determined by the Commission; (b) original radio frequency licence; 16 (c) service migration plan for a consumer that may be affected and an analysis of the impact on consumers as well as communication plan to consumers; (d) an inventory of all radio aparatus to be decommissioned and a disposal plan where the surrender may lead to decommissioning of radio apparatus; and (e) the proposed date from which the radio frequency spectrum licence shall b e c o m e void which will in any case be not earlier than 60 days from the receipt of the notice of surrender application form.
(3) The Commission shall after receipt of the notice of surrender application- (a) (b) request further information from the applicant; and impose conditions on the licence to protect the interest of the end users of the licensee's service, before the Commission approves the notice of surrender.

(4) Where the licensee has a licence to deliver communication services, the surrender of the radio frequency spectrum licence shall not absolve the licensee from its obligations under the business licence.
(5) A licensee intending to surrender his licence shall inform end-user customers, if any, of the decision no later than 60 working days, before the expiry of the radio frequency spectrum licence.

14 (1) The withdrawal of a radio frequency spectrum licence shall not prejudice or affect the right of the Commission to recover any money or obtain any legal remedy arising from or in relation to any breach of a licence condition or failure to comply with the Act.
Withdrawal of radio frequency spectrum licence 17 (2) Where the Commission withdraws a portion or the entire assigned radio frequency spectrum band from an operator before its expiration, the Commission shall compensate such operator for the withdrawal.
(3) The Commission may initially suspend a radio frequency spectrum licence for not more than 12 months, and thereafter may withdraw the licence in any of the following circumstances- (a) where the licensee is placed in liquidation or administration; (b) where the licensee's business licence has been revoked by the Commission or cancelled; or (c) upon failure to use the assigned radio frequencies within two (2) years of the lifting of the suspension of the radio frequency spectrum licence.
15 (1) An applicant may apply for a temporary frequency spectrum licence for the following purposes - (a) trial; (b) testing of an experiment system; or (c) demonstration of a system.

Temporary frequency spectrum licence.


(2) An application for a temporary frequency spectrum licence shall be accompanied with the following supporting documents- 18 (a) trial objectives; (b) geographical location of the trial; (c) equipment technical specifications tobe used in the trial; (d) network configurations to be deployed for the trial; (e) trail schedule and timelines; (f) sampling size and category for commercial trials; and (g) data collection method for commercial trials.
Criteria for Temporary Frequency Spectrum Licence.

16.

(1) The Commission shall take into consideration the following when deciding whether to grant a temporary frequency spectrum licence - (a) the benefit of the public interest; (b) (c) (d) strategic business decision and implemen- tation; research and development into the use of new technologies or new ways that existing technologist might be used; research and development into new or different ways of using the radio frequency spectrum.
Similar task or activity.

17.

A similar task or activity shall not be implemented within the same geographical area that has an existing system of the same nature unless there are criteria and strategic reasons to support the subsequent application .

18.

(1) The issuance of short-term trial radio frequency spectrum licences shall be 3 months and may be extended for good reason given for an additional period not exceeding 3 months.

Duration of trial.
Duration of trial.

19 (2) The issuance of long-term trial radio frequency spectrum licences shall be for 8 months and may be extended for good reason given for an additional period not exceeding 4 months.

(3) For trial purposes, the duration may be based on an applicant's requirements.

(4) For demonstration purposes, the assignment period may be chosen by the Commission based on timing suitability with other activities of the Commission.
PART IV- STANDARD CONDITIONS OF RADIO FREQUENCY SPECTRUM USE (1) 19.

The issuance of a radio frequency spectrum licence, except where described in the licence as being for exclusive use of the assigned frequencies, shall not be construed as conferring upon the holder a monopoly for the use of or a right perpetual continued tenure of the radio frequency spectrum.

Licence durations.
Licence durations.

(2) Unless otherwise specified, a radio frequency spectrum licence shall run parallel to and not exceed the duration of the business licence under Section 25 of the Act and regulations made under the Act and in respect of which the radio frequency spectrum licence was assigned.
(3) The duration of a radio frequency spectrum licence, without a corresponding Telecommunications licence under Section 25 of the Act, shall be valid for one year from the 1st January to 31st December and such a licence shall expire on the due date of the current licence year.
(4) Where a radio frequency spectrum licence is issued for the frequency modulation radio broadcasting, amateur radio, aeronautical and call signs, the licence shall remain valid from the 1st January of the year in which it was issued and shall thereafter be renewable by payment of the prescribed licence fee on or before the 31st December of that same year.

23.

(1) Two or more persons or bodies may apply to the Commission for assignment of radio frequency spectrum on a coordinated basis.
Spectrum coordination.

(5) All payments relating to the usage of radio frequency spectrum shall be payable annually on or before the due date.

(2) Licensees shall make every effort to reach an agreement over the use of shared spectrum before declaring a dispute.

21 20 Condition of radio apparatus and compliance of the commission.

Transmitter power output of frequency modulation or amateur radio station.

20.
20.

(1) A licensee shall maintain all radio apparatus in a good technical condition and complies with the Act, regulations made under the Act and requirements of the Commission.

(2) The antenna system shall comply with all the requirements of the Commission or any other Department or Agency that issues permits for construction of radio communication towers and antenna systems.
21 (1) The maximum power output of the radio transmitter, as measured at the antenna port, shall not exceed the level specified in the national radio frequency plan for the relevant licence classes and the linearity shall be maintained.

(2) The coupling between the antenna and the transmitter shall be such that no direct potential danger to life exists at a power supply on or at the antenna.
(3) A licensee shall ensure that the antenna system complies with the Act, regulations made under the Act, requirements of the Commission and any other departments or agencies that issues permits for construction of radio communication towers and antenna systems.

Spectrum sharing.

22.

(1) The Commission may require a licensee to share a n assigned frequency with other licensees.
(2) All radio frequency spectrum assignment shall be approved by the Commission including frequency or amplitude modulation (AM/FM) broadcasting frequencies (3) The Commission may at its own discretion, for particular frequency bands, require that licensees, who have an assignment on a shared basis collectively, submit a spectrum sharing coordination agreement for approval.

(4) The Commission may, specify the coordination procedure to the licensees of shared spectrum assignment.
(5) Licensees may request the Commission to assist with coordinating the use of spectrum resources.

24.

(1) A dispute between licensees regarding any matter pertaining to radio frequency spectrum shall in the first instance be resolved by the parties.

Spectrum dispute resolution.


(2) Both parties shall make an attempt in good faith to reach a solution using, alternative dispute resolution mechanisms before approaching the Commission, including- (a) negotiation-bilateral discussions between the parties involved; and (b) mediation and arbitration - negotiation supported by a neutral party.
(3) Where an undertaking provided by a party has been registered with the Commission, the parties may then adopt the condition of the undertaking in resolving the dispute.

22 23 (4) Where the licensees are unable to reach an agreement following the alternative dispute resolution process, either of the licensees may inform the Commission in writing, indicating the subject matter of the dispute.
(5) The parties may seek resolution of the dispute by the Commission if - (a) they cannot or have otherwise failed to reach an agreement, and no relevant undertaking has been registered; (b) one of the parties to the dispute does not wish to adopt the condition of the undertaking with the Commission; or (c) the Act expressly provides that the Commission shall be involved in such resolution.
(6) The parties may under sub-regulation (4) approach the Commission to assist in the appointment of a mediator who shall be acceptable to all parties.

(7) The recommendations from the mediation and arbitration process shall be mutually accepted by the disputing parties.
(8) The Commission may reject any dispute application where there has not been any clear and documented attempt to adopt alternative dispute resolution before referring the dispute to the Commission, except in the instance referred to in paragraph (c) of regulation (5).
(9) The Commission may in resolving a dispute- (a) direct the removal of radio apparatus; (b) (c) impose penalties on one or more of the licensees where it is of the belief that the said licensees are in contravention of their licence conditions, contained in these Regulations or the Act; suspend or cancel a radio frequency spectrum licence in accordance with the provisions of these Regulations and depending on the severity and persistence of the infringement; or (d) impose other terms and condition as required.
25 (1) Where there is an interference from the radio apparatus of another licensee, the affected licensee shall notify the Commission of such interference Notification of Inter- ference (2) The Commission shall investigate the claims and reach a determination on whether the claims are valid and shall communicate to the party causing the interference with a compliance order to rectify the problem.

26.
26.

(1) Where the Commission assigns a call sign to a radio station, the call sign shall be transmitted at least once during each separate transmission.

Assignment and display and display (2) Where a radio frequency spectrum licence is issued for a radio station, the licence shall remain valid from the 1st day of January of the year in which it was issued and shall be renewable before the 31st day of December of the same year after payment of prescribed renewable fees.

27.
27.

(1) The master or captain of a ship shall ensure that the radio installation on board is not used for radio communication while the ship is berthed or anchored in a harbour in the Republic of Sierra Leone, except for the purposes of type F3 transmissions in the very high frequency maritime mobile band to communicate with- Operation of radio apparatus on board ship while it is in harbour.
24 25 (a) the port operations service; and FIRST SCHEDULE (b) a vessel on its way to the harbour or berth provided the communication is limited to navigational safety.

(2) Sub-regulation (1) shall not apply to the apparatus used on board a ship for establishing communication via any satellite.

Transmittal of distress signals.

28 (1) A person shall not transmit a distress signal unless he has justifiable reason to do so.
(2) A person who contravenes this regulation commits an offence and is liable on conviction to a fine of Le.50 million or imprisonment for a term not exceeding 24 months or both.

Change of details.

29.

A licensee shall inform the Commission of the details change of any contact details provided to the Commission in an application or pervious change notification within 14 working days before the change of contact.

PART V- OFFENCES Blocking device .


30 (1) Subject to sub-regulation (2) a person shall not have in his possession a reception-blocking device.

(2) Sub-regulation (1) shall not apply to any member of the national security services for the execution of his function.

(3) A person who contravenes sub-regulation (1) commits an offence and is liable on conviction to a fine of Le 250 million or prison term not exceeding 48 months or both.
Regulation 6(2), 7(2) FORMS SECOND SCHEDULE Regulations 6(2), 7(2) Schedule of Fees for Radio Spectrum Resources No.

Service Description Application Fees in Leones (One-off) Annual Fees in Leones per Frequency AERONAUTICAL 1,000,000.00 1,000,000.00 per station 1.

Aeronautical HF Fixed and Mobile Stations Licence A licence to establish and operate a radio station for carrying HF radio communication with aircraft station 1,000,000.00 per station 2.
Aeronautical VHF Fixed and Mobile Stations Licence 1,000,000.00 A licence to establish and operate a radio station for carrying VHF radio communication with aircraft station 26 No.
Service Description 3 Aeronautical Station - Commercial 4 Aeronautical Ground to Air Station (Glider, Hang Glider and Balloon) A licence to establish and operate a radio station for carrying radio communication with aircraft station A licence to establish and operate a radio station for carrying radio communication with aircraft station Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 5,000,000.00 40,000,000.00 per station 3,000,000.00 20,000,000.00 per station 5 Aeronautical A licence to 5,000,000.00 Ground Station establish and (Airlines) operate a radio station for carrying radio communication with aircraft station 25,000,000.00 per station 6 Radio Licence Aircraft (take-off weight more than 3200 kg.)
3,000,000.00 A licence establish and operate a radio station for carrying radio communication on aircraft 10,000,000.00 27 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 3,000,000.00 20,000,000.00 3,000,000.00 25,000,000.00 3,000,000.00 5,000,000.00 No.

Service Description 7.

8.

9.

Radio Licence Aircraft (more than 3200 kg./ less than 14000 kg.)

Radio Licence Aircraft (take-off weight more than 14000 kg.)
Radio Licence for Aircraft (Glider, Hang Glider and Balloon) A licence to establish and operate a radio station for carrying radio communication on aircraft A licence to establish and operate a radio station for carrying radio communi- cation on aircraft A licence to establish and operate a radio station for carrying radio communication on aircraft 28 No.

Service Description 10.

Aeronautical Navigational Aid & Radar (Private Aerodrome) 11.
Inmarsat Terminal (Terrestrial) terminal for aircraft communication MARITIME 12.

Marine HF Fixed and Mobile Stations 13.

Marine VHF Fixed and Mobile Stations A licence to establish and operate a radio station for carrying radio communication on aircraft A licence to establish and operate a radio terrestrial A licence to install and use HF fixed and mobile radio apparatus on board vessels or ships.

A licence to install and use VHF fixed and mobile radio apparatus on board vessels or ships.
Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 1,000,000.00 5,000,000.00 1,000,000.00 20,000,000.00 1,000,000.00 1,000,000.00 per station 1,000,000.00 1,000,000.00 per station 29 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency N/A 1,000,000.00 1,000,000.00 1,600,000.00 No.

Service Description 14.

Maritime Mobile Service Identity (MMSI) 15.

Limited Coast Station A unique identification number assigned to maritime vessels registered in Sierra Leone.
A licence to establish a station on land for carrying on a radio communication service with ship stations.

FIXED & LAND MOBILE 16.
HF Fixed and Land mobile Stations 17 VHF Fixed and Land mobile Stations A licence to install and operate HF fixed and mobile radio stations A licence to install and operate VHF fixed and mobile radio stations 500,000.00 1,000,000.00 per station 500,000.00 1,000,000.00 per station Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 500,000.00 1,000,000.00 per station 500,000.00 2,000,000.00 per station 500,000.00 1,000,000.00 per station 500,000.00 1,000,000.00 per station 30 No.
Service Description 18 UHF/SHF Fixed and Land mobile Stations 19.

VHF Repeater Stations 20.

Radio Amateur Licence 21.

Citizen Band Radio Licence A licence to install and operate UHF/SHF fixed and mobile radio stations A licence to install and operate VHF Repeater stations A licence to install and operate an amateur radio station.

A licence to operate a low power radio apparatus operating in the frequency bands 26925 KHz to 27403 KHz.

VERY SMALL APERTURE TERMINAL (VSAT) 22.


Very Small Aperture Terminal A license to provide and operate 5,000,000.00 40,000,000.00 No.

Service Description 31 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency (VSAT) for Corporate Institutions 23.

Very Small Aperture Terminal (VSAT) for network of Corporate Institutions 24.

Very Small Aperture Terminal (VSAT) for Hotels outside western area 25.
Very Small Aperture Terminal (VSAT) for Hotels in Freetown installation of VSAT for corporate institutions per site A license to provide and operate a network of three (3) VSATs or more for corporate institutions A license to provide and operate a VSAT installation for hotels outside Western Area A license to provide and operate a VSAT installation for hotels in Freetown 5,000,000.00 125,000,000.00 2,000,000.00 15,000,000.00 3,000,000.00 20,000,000.00 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 1,000,000.00 10,000,000.00 2,000,000.00 12,500,000.00 3,000,000.00 15,000,000.00 32 No.
Service Description 26.

Very Small Aperture Terminal (VSAT) for SMEs outside western area 27 Very Small Aperture Terminal (VSAT) for SMEs in the Western Area 28.
Very Small Aperture Terminal (VSAT) for INGOs in Freetown very small Aperture Terminal A license to provide and operate a VSAT installation for Small and Medium Enterprises (SMEs) outside Western Area A license to provide and operate a VSAT installation for Small and Medium Enterprises (SMEs) in the Western Area A license to provide and operate a VSAT installation for International Non- Governmental Organizations (INGOs) in Freetown on site basis 33 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 3,000,000.00 10,000,000.00 3,000,000.00 5,000,000.00 No.
Service Description 29.

Very Small Aperture Terminal (VSAT) for INGOs in district headquarter towns 30.
Very Small Aperture Terminal (VSAT) for INGOs in other parts of the country A license to provide and operate a VSAT installation for International Non- Governmental Organizations (INGOs) in all district headquarters towns with exception of Bo, Kenema, Makeni and Koidu on site basis A license to provide and operate a VSAT installation for International Non- Governmental Organizations (INGOs) in other parts of the country per site 34 No.

Service Description 31.


Very Small Aperture Terminal (VSAT) for network of INGOs in other parts of the country 32.

Very Small Aperture Terminal (VSAT) for local NGOs in Freetown 33.
Very Small Aperture Terminal (VSAT) for local NGOs in Kenema, Bo, A license to provide and operate a network of three (3) VSATs or more for International Non- Governmental Organizations (INGOs) in other parts of the country A license to provide and operate a VSAT installation for local Non- Governmental Organizations (NGOs) in Freetown on site basis A license to provide and operate a VSAT installation for local Non- Governmental Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 3,000,000.00 40,000,000.00 1,000,000.00 10,000,000.00 1,000,000.00 7,500,000.00 per site No.
Service Description 35 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency Makeni and Koidu 34.
Very Small Aperture Terminal (VSAT) for local NGOs in district head- quarters towns 35 Very Small Aperture Terminal (VSAT) for local NGOs in other parts of the country Organizations (NGOs) in Kenema, Bo, Makeni and Koidu A license to provide and operate a VSAT installation for local Non- Governmental Organizations (NGOs) in district head quarters towns A license to provide and operate a VSATs installation for local Non- Governmental Organizations (NGOs) in other parts of the country 1,000,000.00 5,000,000.00 per site 1,000,000.00 3,000,000.00 per site Application Fees in Leones (One-off) 1,000,000.00 Annual Fees in Leones per Frequency 25,000,000.00 36 No.
Service Description 36.

Very Small Aperture Terminal (VSAT) for local NGOs in other parts of the country A license to provide and operate a network of three (3) VSATs or more for local Non- Governmental Organizations (NGOs) in other parts of the country BROADCASTING 36.

37.

Commercial/ Religious Frequency Modulation (FM) Station in Freetown Commercial/ Religious Frequency Modulation (FM) Station in Bo, Kenema & Makeni 38.
Commercial/ Religious Frequency Modulation A license to install and operate a Commercial/ Religious FM Radio Station in Freetown A license to install and operate a Commercial/ Religious FM Radio Station in Bo, Kenema & Makeni A license to install and operate a Commercial/ 1,000,000.00 7,500,000.00 1,000,000.00 6,000,000.00 1,000,000.00 5,500,000.00 No.

Service Description 37 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 39.

40.
40.

(FM) Station in District headquarters towns Commercial/ Religious Frequency Modulation (FM) Station in parts of the country Community Frequency Modulation (FM) Station in the Country with ERP not exceeding 50 watts 41.
UHF Fixed / Mobile STL/ OB Links for Radio Broadcasting Religious FM Radio Station in District headquarters towns A license to install and operate a Commercial/ Religious FM Radio Station in parts of the country A license to install and operate a Community FM Radio Station in the Country with ERP not exceeding 50 watts A license to establish and operate and operate a STL/OB link for Radio broadcasting 1,000,000.00 5,000,000.00 1,000,000.00 3,000,000.00 500,000.00 1,000,000.00 38 No.

Service Description 42.


Satellite Studio A license Transmitter Link (STL) to establish and operate a STL link for satellite broadcasting 43.

Analogue Terrestrial Television Station 44.

Digital Terrestrial Television Station 45.

Amplitude Modulation (AM) Radio Station 46.
Short Wave (SW) Radio Station A license to install and operate an Analogue terrestrial TV station A license to install and operate an Digital terrestrial TV station A license to install and operate an Amplitude Modulation (AM) Radio Station A license to install and operate a Short Wave (SW) Radio Station Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 1,000,000.00 3,000,000.00 10,000,000.00 20,000,000.00 per channel 10,000,000.00 20,000,000.00 per channel 1,000,000.00 5,000,000.00 1,000,000.00 5,000,000.00 39 Application Fees in Leones (One-off) Annual Fees in Leones per Frequency 10,000,000.00 50,000,000.00 10,000,000.00 50,000,000.00 500,000.00 1,000,000.00 N/A N/A No.
Service Description 47.

Direct-To -Home (DTH) TV (pay TV) 48.

Direct-To- Home (DTH) TV (e.g.

DSTV) 49.
TV Outside Broadcast (OB) 50 Direct - To - Home (DTH) TV (Free to Air) A license to install and operate Direct- To- Home (DTH) TV (pay TV) A license to install and operate Direct -To- Home (DTH) TV (DSTV) A license to establish and operate TV OB A license to install and operate Direct -To- Home (DTH) TV (Free to Air) MICROWAVE RELAY LINKS 51 All transmission A license 10,000,0000 Fees are calculated relay links using 4-80GHz frequencies to install and operator short, medium and long haul microwave relay links based on the formula for Microwave Radio Transmission Frequency 40 No.
Service Description with dedicated or shared frequencies, channels and sub-channels Application Fees in Leones (One-off) Annual Fees in Leones per Frequency Resources OTHER SERVICES 20,000,000.00 100,000,000.00 52.

Mobile Satellite Service (MSS) / GMPCS e.g.

Iridium, Inmarsat, Thuraya satellite service or GMPCS 53.

Trunk Radio Network A license to install and operate mobile A license to install and operate trunk radio network 53.
Mobile Radio Access Frequencies Resources The annual frequency fee payable for 4G/LTE FDD spectrum is three and half percent (3.5%) of the Initial License fee of Le.

67 Billion, whereas the annual frequency fee payable for 4G/LTE TDD spectrum is one and half percent (1.5%) of the Initial License fee of Le.

67 Billion Similarly, the annual frequency fee payable for 3G/IMT 2000 spectrum is nine percent (9%) of the Initial License fee of Le.

10 Billion.
10 Billion.

The cost of additional spectrum required for the deployment of 4G/LTE & 3G/IMT 2000 is calculated based on the formula outlined below where the unit fee, band factor and frequency bandwidth assigned are taken into account.

41 The annual frequency fee payable for other categories (GSM 900,GSM 1800 etc.)

mobile radio access frequency or carrier are calculated based on the formula outlined below where the unit fee, band factor and frequency bandwidth assigned are taken into account.
Spectrum Fee= Unit price X Bandwidth (MHz) X Band Factor Where Unit Price = Le.
250,000,000.00 Technology GSM 900 GSM 1800 CDMA 450 CDMA 850 3G/IMT 2000 4G/LTE (FDD) 4G/LTE (TDD) Band Factor 1.4 1.2 1.2 1.2 1.5 1.6 0.8 Bandwidth (MHz) 5 5 10 7.5 12.5 15 54.Microwave Radio Transmission Frequency Resources The annual frequency fee payable for microwave radio transmission frequency or carrier is calculated based on the formula outlined below where the unit price, band factor and total bandwidth assigned are taken into account.
Spectrum Fee =Unit Price X Total Bandwidth Assigned (MHz) X Band Factor 30,000,000.00 50,000,000.00 Bandwidth Assignments