Section 23
11)
of Telecommunications (Radio-Communication) Regulations, 2013
Subject to this regulation, the Authority may resume a spectrum right or part thereof without the agreement of the person granted the spectrum right if the
Minister has approved the resumption.
(2)
Before resuming a spectrum right or part thereof under this regulation, the Authority shall give notice to the person granted the spectrum right -
1949
{a}
stating that it proposes to resume the spectrum right or part thereof in the manner specified in the notice and the compensation payable for the resumption;
{b)
specifying the time (not being less than 28 days from the date of service of notice) within which written representations on the proposed resumption may be made; and
{c)
if applicable, specifying the variations to the other conditions of the spectrum right that will be made to give effect to the resumption.
(3)
On receipt of any written representation referred to in sub-regulation
!2), the Authority shall consider the representation and may
(a)
reject the representation; or
(b)
amend the proposed resumption, the compensation payable and the variations to the other conditions of the spectrum right, in accordance with the representation, or in any other manner as the Authority considers appropriate, and, in either event, the Authority shall issue a direction in writing to the person granted the spectrum right requiring that effect be given to the proposed resumption specified in the notice or to the resumption as subsequently amended by the Authority within a reasonable time.
(4)
Any person aggrieved by the decision of the Authority under sub-regulation (3) may, within 14 days of the receipt of the direction, appeal to the
Minister whose decision shall be final.
(5)
The Authority shall not enforce its direction -
(a)
during the period referred to in sub-regulation (4); and
{b)
whilst the appeal is under consideration by the Minister.
(6)
If no written representation is received by the Authority within the time specified in sub-regulation (2) or if any written representation made under that sub-regulation is subsequently withdrawn, the Authority may forthwith carry out the resumption as specified in the notice given under that sub-regulation.
(7)
Regulation 20 shall not apply to the variations to the other conditions of the spectrum right made under this regulation.