Section 21
of Telecommunications (Radio-Communication) Regulations, 2013
Section 21
(1)
If the Authority is satisfied that 1947
(a}
a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission
(i)
any of the provisions of the Order or these Regulations;
(ii)
any condition of the grant of the spectrum right; or
(iii)
any direction given to the person by the Authority under section 27 or by the Minister under section 61; or
{b)
a grant of the spectrum right was obtained by fraud or misrepresentation, the Authority may, by notice in writing and without payment of any compensation, do either or both of the following
(i)
suspend or cancel the grant of the spectrum right or part thereof;
(ii)
require the payment, within such time as may be specified, of a financial penalty of such amount not exceeding $1,000,000
as the Authority thinks fit.
(2)
The Authority shall, before suspending or cancelling the grant of any spectrum right or part thereof under sub-regulation (1)
(2)
{a) give to the person to whom the spectrum right was granted notice in writing of its intention to do so; and
{b) in such notice call on that person to show cause within such time as may be specified in the notice as to why the grant of the spectrum right or part thereof should not be suspended or cancelled.
(3)
If the person to whom a notice has been given under sub-regulation
{a)
fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or
{b)
fails to show sufficient cause, the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of the grant of the spectrum right or part thereof is to take effect.
(4)
Any financial penalty payable by any person under sub-regulation ( 1)
shall be recoverable by the Authority as a debt due to the Authority from that person and the person's liability to pay shall not be affected by his spectrum right or any part thereof ceasing (for any reason) to be in force.
(5)
The charges payable under regulation 10(1} for the spectrum rights are non-refundable notwithstanding any subsequent suspension or cancellation of the 1948
spectrum rights by the Authority or withdrawal of any application or licence by the applicant or licensee, as the case may be.
Resumption of spectrum rights hy agreement.