Self-coordination
| (1) |
Licensees must make every attempt in good faith to mutually agree upon frequency coordination among themselves. |
| (2) |
Licensees must take a non-discriminatory approach towards frequency coordination. |
| (3) |
Licensees must provide the Authority with the agreed frequency coordination plan, including adjustments to parameters such as site location and antenna height. |
| (4) |
In case of no mutual agreement, despite best effort and supported documented evidence from one or both parties, a licensee may refer the matter to the Authority for intervention. |
| (5) |
The Authority may, at its own discretion, refuse to entertain any request for intervention where there is no sufficient documented proof of an attempt for mutual coordination between the licensees. |
Coordination Intervention by the Authority
| (4) |
A party seeking intervention from the Authority for the resolution of the coordination request must submit a coordination intervention request. |
| (5) |
The coordination intervention request shall be in the format set out in Form E of Annexure A. |
| (6) |
The Authority will, within thirty (30) days from the date of receipt of the coordination request, conduct an enquiry on the matter. It may, at its own discretion: |
| (a) |
request additional information from the concerned parties; or |
| (b) |
request joint hearings between all parties. |
| (7) |
Upon the conclusion of the Preliminary Inquiry, the Authority will then inform the parties in writing of its plans for coordination of the radio frequency spectrum between the concerned parties. |
| (8) |
The notification from the Authority will include the following particulars: |
| (a) |
The names and addresses of the parties; |
| (b) |
A statement of the facts supporting the claim; |
| (d) |
The decision on the best solution to resolve the coordination issue; and |
| (e) |
The supporting written statements by the relevant person, if any. |
Supreme Court Act, 1959
