Allocation and Licensing of Frequencies and Frequency Bands
The Role of the NTC in Managing the Radio Spectrum
o The National Telecommunication Corporation, NTC, shall undertake the regulation of the Radio Spectrum and prepare a special record including all information related to the radio bands, usage and allocation thereof.
o NTC shall divide the Radio Spectrum into bands in such way that it would assist the Corporation in regulating the use of frequencies with due deference to the instructions of the International Telecommunication Union, ITU.
Allocation and Licensing of Frequencies according to regulations, rules and service type:
Allocating the frequencies, radio equipment, satellite services and aeronautical and marine navigation.
Determining the sites for radio equipment.
Releasing radio equipment upon entry to the airport and reviewing the approved frequency.
It is not allowed to possess or use equipment operating on radio bands on the Sudanese territories or on board a ship or aircraft registered in Sudan without obtaining a license or permission according to the provisions of the law. Radio transmission apparatuses may not be entered or dispatched to Sudan unless approved by the NTC.
Geographical Division of the Radio Spectrum:
The ITU has divided the world into three geographic regions for identification of the Radio Spectrum as follows:
1. First Geographical Region including Europe, Africa, and the Northern Hemisphere of Asia.
2. Second Geographical Region including North and South America.
3. Third Geographical Region including Australia, the Southern Hemisphere of Asia in addition to Western Atlantic Region parallel with the American continents.
So, Sudan falls in the First Geographical Region of the above division specially designed for the Radio Spectrum and accordingly, Sudan follows Schedule No. (1) of the ITU classification.
Public Telecommunication Networks
Types of Services
Procedure for allocation and licensing of frequencies and frequency bands.
Basis for studying the allocation and licensing of frequencies and frequency bands.
Controls and obligations on the part of a licensee for frequencies and frequency bands.
Validity term of the license for frequencies and frequency bands.
Revoking the license and allocation of frequency.
Types of Services:
Fixed telecommunications
Mobile telephone
Carrying networks
Wireless networks
Data and Information transmission
Fixed and mobile satellite services
Broadcasting stations
Paging
Public value added services
Remote tracing, control, measurement and location determination
Any other services determined by the Board of Directors
Procedure for allocation and licensing of the Radio Spectrum
Applications for allocation and licensing of public telecommunication network shall be submitted in six copies to the Director General as per forms Nos. (5) and (6) attached to the Telecommunication General By Laws 2002, following payment of prescribed fees.
Documents to be attached with the application
Comprehensive technical description of the service for which the allocation and licensing of frequencies is required with including specification of required frequency capacity.
Comprehensive technical specifications and types of transmitting and receiving equipment to be used and the sites of installation thereof.
NTC’s approval of the project
Sites and geographical coverage range of frequencies required to be allocated.
Plan for interconnection with other equipment.
Basis for studying the allocation and licensing of frequencies and frequency bands
The Corporation shall conduct a careful study on applications for allocation and licensing of frequencies according to the following basis:-
Applicant’s abidance by international laws organizing the use of the Radio Spectrum for the First Geographical Region as per the ITU classification.
Guaranteed efficient use of the Radio Spectrum being considered as rare national wealth.
Deference to the effect that no preference shall given to systems of specific technologies that may lead to domination and monopoly.
Deference to fairness and availing free completion.
Securing sufficient portion of the Radio Spectrum for various Services.
Encouragement of using higher bands of the Radio Spectrum.
The network to be licensed shall not cause harmful interference with other networks
The corporation may seek the assistance of any expertise to study the application and may invite the applicant for discussions.
Controls and obligations on the part of a licensee
A party with licensed frequencies for operation of a public telecommunication network shall abide by the license conditions and adhere to the following:
Use the frequencies or frequency bands allocated to him only.
Abide by the types and specifications of transmitting equipment.
Abide by the boundaries of the geographical areas within which he is permitted to operate.
Ensure the efficiency of persons operating the system.
Ensure non interference with others.
Abide by International agreements and the terms and regulations of International telecommunication Union, ITU, particularly in respect of frequencies allocated for international use.
Notify the Corporation on any change of wireless systems or their specifications which he was permitted to operate.
Provide required information, interference protection, safety measurements and specifications.
Use modern technologies to assist in the optimum use of the Radio Spectrum wherever possible.
Not to use the frequency allocated to him in any matter contrary to the public welfare or for other purpose rather than the one for which the frequency was allocated.
Provide necessary equipment to ensure compatibility with other licensed networks.
Notify the Corporation when operation on the allocated frequencies is stopped.
Shall not dispose of, or trade in, the equipment or frequencies or transfer possession thereof to any other party save after obtaining written approval of the Director General.
Hand over the license certificate when the license is revoked.
Not to permit any other party to use of frequencies by.
Not to change the sites of equipment without reference to the Corporation.
Shall not cause any damages to others.
Pay prescribed annual licensing and renewal fees.
License validity term for frequency and frequency band
The term of frequencies and frequency band license for any party shall be valid for one year after payment of prescribed fees.
Notwithstanding the terms of the above para, the Board of Directors, upon the recommendation of the Director General shall extend the term as he deems fit.
Revoking the license and allocation of frequencies and frequency bands
Failure to pay the prescribed licensing and renewal fees in time.
Violation of the license or allocation conditions.
Dissolving the business of the licensee or declaration of his bankruptcy.
Using the frequencies for purposes harmful to the national security and the public order.
Causing interference with a public of private network.
Leaving the frequencies unused for three month from the license validity date.
Revoking the public network license.
Notwithstanding the above para the concerned party shall be served a notice to regulate their status and in the case of no response the license shall be revoked. If the license is revoked, the Director General shall take necessary actions in respect of equipment possession according to the provisions of the law.
Procedure for renewal of frequency band license
The license renewal procedure shall as follows:-
Applications for renewal of annual licenses shall be submitted to the Director General thirty days before the expiry date.
By virtue of the agreement, the licensee may submit application for a renewed license sixty day before the expiry date.
All applications shall be submitted to the Director General accompanied by supporting documents and justifications.
The Director General, following study applications submitted in accordance with the provisions of the above para, may approve or reject renewal of the license.
The Director General may revoke the license if the licensee failed to renew the license after thirty days from the prescribed date.
Private Telecommunication Networks
Types of Services
Procedure for allocation and licensing of frequencies and frequency bands.
Basis for studying the allocation and licensing of frequencies and frequency bands.
Controls and obligations on the part of a licensee for frequencies and frequency bands.
Validity term of the license for frequencies and frequency bands.
Revoking the license and allocation of frequency.
Types of Services
Fixed telephone
Mobile telephone
Private wireless telecommunications
Fixed and mobile satellite services
Private paging
Scientific research and experiments
Private Rescue services
Protection networks
Radio amateurs
Broadcasting stations
Any other services as added by the Board of Directors.
Procedure for allocation and licensing of the Radio Spectrum
Applications for allocation and licensing of private telecommunication networks shall be submitted in six copies to the Director General as per forms Nos. (5) and (6) attached to the Telecommunication General By Laws 2002, following payment of prescribed fees.
The application mentioned in the above para shall be attached with the following:-
Integral technical study of the service for which the licensing is required, including specifications of required equipment.
Technical and administrative documents supporting the installation of the private network and which prove that the business of the applying party necessitates the establishment of a private telecom network of their own..
Sites and geographical coverage range of the required network.
Network implementation plan.
o Company or Business Name certificate of registration in Sudan in the name of the applying party.
o A certificate of financial solvency.
o A clearance certificate from the Taxes and Zakat (almsgiving) Departments.
Basis of studying the allocation and licensing applications
The Corporation shall study the application according to the following basis:-
The network project shall not conflict with the plans, policies and systems for provision and introduction of telecom services as approved by the NTC.
Compliance of the proposed equipment with modern technologies and international specifications which ensure optimum use of the Radio Spectrum.
Encouraging the use of the higher bands of the Radio Spectrum.
Deference to the present and future requirements and optimum flexibility in responding to the requirements and frequency allocation.
Recruitment of qualified technical cadre.
Abidance by international laws organizing the use of the Radio Spectrum for the First Geographical Region as per the ITU classification.
The network shall not cause harmful interference with other networks.
The Director General shall issue the license for using radio equipment as per Form No. (7) annexed to the Telecommunication General By Laws 2002.
Controls and obligations on the part of a licensee
A party with licensed frequencies for operation of a private telecommunication network shall abide by the license conditions and adhere to the following:
Use the frequencies and frequency bands allocated to him.
Abide by the types and specifications of the equipment.
Abide by the boundaries of the geographical areas within which he is permitted to operate.
Ensure the efficiency of persons operating the network.
Ensure non interference with other systems.
Notify the Corporation on any change in the specifications and locations of network equipment which he was permitted to operate.
Use modern technologies to assist in the optimum use of the Radio Spectrum.
Refrain from providing commercial services.
Provide the Director General with any reports or information on the network which may be required at any time.
Hand over equipment to the NTC or destroy them under its supervision if they are not operational.
Shall not cause any harm to the other while implementing the network.
Notify the Director General when use of the allocated frequencies is stopped.
Display the license at a visible place.
Abide by using the equipment for the purpose upon which the license was ranted.
Provide NTC with the names and qualifications of radio operators for obtaining work permits for them.
The licensee shall issue identity cards for operators permitted to use mobile equipment including the following particulars:-
-Name and address of licensee.
-Name of equipment user.
-No. and date of license.
Provide the external workshop with the following particulars when the equipment is given for repair or service:-
- Type and specifications of equipment.
- Name and address of licensee.
- No. and date of license.
Refrain from adding any radio equipment or its accessories save after obtaining the approval of the Director General.
License validity term for frequencies and frequency bands
The term of frequencies and frequency bands license for any party shall be valid for the particular party for one year or a portion thereof after payment of prescribed fees.
Notwithstanding the terms of the above para, the Board of Directors, upon the recommendation of the Director General shall approve extension of the term as it deems fit.
Revoking the license and allocation of frequencies and frequency bands
The Director General may revoke the allocation and license of frequencies and frequency bands allocated for a private telecom network in the following circumstances:-
Failure to pay the prescribed licensing and renewal fees in time.
Violation of the license or allocation conditions.
Dissolving the business of the licensee, declaration of his bankruptcy or forfeiture of his competence.
Using the frequencies for purposes harmful to the national security and the public order of the country.
Causing interference with a public of private network.
Leaving the frequencies unused for three month from the license validity date.
Revoking the public network license.
Notwithstanding the above para the concerned party shall be served a notice to regulate their status within a period not exceeding thirty days and in the case of no response the license shall be revoked.
If the license is revoked, the Director General shall take necessary actions equipment for possession of the equipment according to the provisions of the law.