Information about administrative charges, interference, modification of licenses, cancellations, complaint procedures, radio equipment...
Information to Licensees
Everyone may apply for radio frequency licences using procedures published by Norwegian Post and Telecommunications Authority (NPT). Applications will be processed in accordance with the procedures published here.
Radio frequency licences assigned by NPT may be transferred. The licensee is the initiator. The notification must be signed by persons entitled to sign for the undertakings. Both the licensee and the undertaking buying the licence in question must sign the notification. Further information can be obtained here.
3. Interference
Generally speaking the target for NPT is to design radio frequency licences so that use of frequencies witch are inline with the licences can be carried out on a uncoordinated basis. The possibility of carrying out uncoordinated use of frequencies is the starting point when NPT designs spectrum licences. A transmitter licence is the right to transmit from a defined geographic position in accordance with the technical parameters stated in the licence. When assigning transmitter licences NPT carry out the detailed planning of use of frequencies. Generally speaking NPT uses larger margins when estimating the risk of interference as a part of carrying out the detailed planning than private managers usually do when their main risk is to interfere with themselves. Nevertheless, the risk of interference cannot be ruled out. Use of radio frequencies in accordance with the act, regulations and terms and conditions of licences may lead to interference. In particular, interference may occur when different radio equipment is geographically located at the same point, including on the same site / in the same mast.
If interference involving a radio frequency licence assigned by NPT occurs, the following questions will constitute the basis for the examination of the situation:
Do affected users of radio frequencies have a licence?
If affected users of radio frequencies have a licence, is the use of radio frequencies inline with the terms and conditions of the licence?
Have affected users of radio frequencies provided NPT with all relevant information on their use of radio frequencies? Or is it possible / likely that further information may help sort out the situation? NPT may ask for information in accordance with the rules and procedures described under item 4.
When handling cases on interference NPT will use the following starting point:
May the interference situation be handled by the affected users of radio frequencies themselves?
May NPT, including the section for radio frequency control, assist so that affected users of radio frequencies and NPT together may sort out the interference situation?
If the interference situation cannot be sorted out as described above, NPT will use the following rule of priority to sort out the interference situation:
If radio frequencies are used in accordance with terms and conditions of the licence, but nevertheless interference between different users of radio frequencies occurs, the first licensee which started use of radio frequencies will be given priority. The principle does not apply to those using radio frequencies which are not given protection against interference from other radio frequency users.
The rule of priority constitutes a part of the terms and conditions of most spectrum licences assigned by NPT. If interference occurs and the affected use of radio frequencies is in accordance with transmitter licences or spectrum licences where the rule of priority does not constitute a part of the terms and conditions, NPT will seek to sort out the interference situation based on the rule of priority described above.
Instruments and remedies as mentioned under item 6 may be used by NPT when sorting out interference situations.
4. Obligation to provide information
For the purpose of carrying out its tasks as spectrum manager NPT sometimes needs information from different licensees. Examples of information which may be required include geographic localisation of transmitters / base stations or antenna parameters.
NPT may require information that is necessary for the implementation of the Electronic Communications Act, decisions made pursuant to the Act, or obligations resulting from international agreements to which Norway has become party, cf. section 10-3 of the Act.
If information is required, NPT will issue a (administrative) decision addressed to those obliged to give such information.
5. Decision on amending a radio frequency licence
Normally, NPT will not amend an assigned radio frequency licence to the detriment of the licensee. Nevertheless, under exceptional circumstances it might be necessary to amend a radio frequency licence so that it constitutes a detriment to the licensee.
5.1 The two practical examples
(i) As a consequence of amended obligation under International Law
The following condition is included in radio frequency licences:
Terms and conditions relating to frequency use and technologies can be amended, including to the detriment of the licensee, if the amendment is a necessary consequence of Norway';;;;s obligations under International Law.
The two most practical examples of obligations under International Law which may occur after assignment of radio frequency licence:
A legally binding decision on harmonised planning and / or use of spectrum issued by the the EU Commission is incorporated into the annexes of the EEA agreement and therefore becomes a legally binding obligation for Norway.
Norway enters into a legally binding coordination agreement, which have consequences for existing licensees, with one or more neighbouring states. An example: Norway, as located within region 1 in terms of geographical areas defined by the ITU Radio Regulations, have negotiated and concluded an agreement with other States. The agreement concluded regards e.g. coordinated use of radio frequencies for transmitters within the frequency bands 174-240 MHz, 470-790 MHz ("Television broadcasting bands"). Amendment of existing licences may be necessary as a consequence of such agreements.
(ii) As a consequence of amended agreements which NPT is a party too
The following condition is included in radio frequency licences:
The terms and conditions can be amended, including to the detriment of the licensee, if the amendment is a necessary consequence of collaboration on international harmonisation in which the NPT is a participant.
The practical example of such non-legal binding collaboration on international harmonisation in which NPT is a participant is ECC Decisions and ECC Recommendations on use of spectrum (e.g. harmonised channel plans, harmonised levels for requirement of coordination on the international boundary between states etc). Amendment of existing licences may be necessary as a consequence of such agreements.
5.2 Amendment according to section 6-2 of the Act
Finally, radio frequency licences may be amended, including to the detriment of the licensee, if the amendment can be carried out in accordance with second and third paragraph of section 6-2 of the Act. Such amendment is carried out on rare occasions only.
5.3 NPT case handling
As a part of preparing a decision on amendment of a radio frequency licence which may be to the detriment of the licensee, NPT shall in accordance with section 16 of the Administrative Act send a notification and ask for the assessment and opinions of the licensee. Generally, the handling of cases regarding amendment of radio frequency licences must be in accordance with relevant rules of the Administrative Act. The Administrative Act is available here - Norwegian only.
6. Supervision
The Authority shall supervise that requirements laid down in or pursuant to the Act are met, cf. section 10-1 of the Act. The Ministry of Transport and Communications and / or NPT carry out the supervision.
Generally, NPT carry out supervision when the radio frequency licence is assigned by NPT. Furthermore, NPT partly carry out supervision when radio frequency licences are assigned by the Ministry of Transport and Communications and NPT in the licences itself is appointed to carry out supervision.
When carrying out supervision NPT sometimes find out that spectrum is used without necessary authorisation or other illegal actions are disclosed. NPT may use different tools and sanctions when illegal use of spectrum or other illegal actions are disclosed:
NPT may, in accordance with section 10-7 of the Act, fix a running penalty payment for each day that passes until the illegal activity is ceased or a directive pursuant to the Act is fulfilled.
NPT may, in accordance with section 10-6 of the Act, issue directives on rectification or cessation of illegal circumstances.
In addition, infringement of the Act may lead to punishment. Anyone who wilfully or through negligence contravenes the provisions of this Act or regulations issued on the authority of the Act shall be punished by fines or by imprisonment for up to six months, cf. section 12-4 of the Act.
7. Appeals
Licensees have the right to appeal against the (administrative) decision, cf. section 28 of the Administrative Act. The Administrative Act is available here - Norwegian only. Information on the right to appeal is provided here - Norwegian only.
The deadline for appeals is 3 weeks from the time when the licensee is notified of the decision, cf. section 29 of the Administrative Act. The complaint must be sent to NPT. NPT will prepare comments to the complaint and send it to the Ministry of Transport and Communications. NPT may spend up to 2 months preparing the comments and the Ministry of Transport and Communications may spend up to 2 months making the final decision.
Those receiving a (administrative) decision according to section 10-3 of the Act requiring them to provide NPT with information have the right to appeal against the decision. The deadline for appeals is 3 days, cf. section 14 of the Administrative Act.
8. Termination of radio frequency licences
A radio frequency licence can be terminated in three different manners:
(i) Termination in accordance with the expiry date of the licence. If an expiry date is not stated in the licence itself the licence is assigned without any expiry date.
(ii) Termination by a written notice of termination issued by the licensee.
(iii) Termination by revocation accomplished by NPT.
The licensee may terminate the licence by a written notice of termination signed by person(s) entitled to sign for the licensee. When the NPT has received the written notice of termination a letter of confirmation will be sent.
Only exceptionally and when serious breaches of terms and conditions occurs NPT may in accordance with section 10-8 of the Act revoke a radio frequency licence. Prior to make decisions on revocation NPT must seek to sort out the situation by e.g. penalty payment in accordance with section 10-7 of the Act and / or by applying directives on rectification and amendment according to section 10-6 of the Act.
9. Radio equipment
Radio equipment governed by international agreements to which Norway is a party and that meet requirements in accordance with such agreements, may be held, sold and used, cf. Section 8-1 of the Act. Generally, this regards radio equipment governed by EEA rules, in particular Directive 1999/5/EC (the R&TTE Directive). Those EEA rules are transferred to Norwegian law by Regulation 20 June 2000 number 628. Information on radio equipment is published here.
10. Installation of radio equipment
Providers of installation, maintenance or connection of radio equipment shall be qualified and have permission in accordance with the Regulation 4 March 2005 number 200 (no electronic version published yet).
