Section 55(1) of the TKG states that anyone wishing to use a radio frequency must first be assigned the frequency by the Federal Network Agency. This is possible provided that the frequency is designated in the frequency usage plan for the intended purpose. Frequencies are assigned by administrative act either ex officio (general assignments published in the Federal Network Agency's Official Gazette) or upon application (individual assignments). Each assignment defines the particular purpose for which the frequency may be used and the conditions to be met so that the spectrum may be used efficiently and with minimum interference. No-one has the right to be assigned specific frequencies. The provisions of other Acts such as the Amateur Radio Act and the EMCAct are unaffected.
Section 61 of the TKG enables the Federal Network Agency to tender or auction frequencies in special cases where demand outstrips the number of frequencies available for a particular application.
Sections 142/143 of the TKG allow the Federal Network Agency to charge fees and contributions for frequency assignment and usage; the exact charges are given in the Frequency Fee Ordinance and the Frequency Protection Contributions Ordinance.
Date of modification: 2005.08.16