(1) The marketing plan prepared by the Commission under regulation 5 may consist of - 

 

(a) the methods, procedures and timetable to be followed for issuing an assignment; 

 

(b) the apportionment of the relevant frequency bands in the spectrum plan for the purposes of issuing an assignment; 

 

(c) the percentage of the spectrum and frequency band that is to be reserved for future use or for public or community services; 

 

(d) the condition or type of condition that may be included in an assignment to be issued; and 

 

(e) any other matter as the Commission may deem necessary. 
 

(2) The marketing plan and any material modification of it shall be made available to the public for comment and any comments which are received within the reasonable period specified by the Commission shall be considered by the Commission before issuing an assignment. 

 

(3) The marketing plan may not require an assignment to be issued for the whole of the spectrum or the geographic area to which the marketing plan applies. 

 

(4) The marketing plan may indicate whether the assignments are to be assigned by auction, tender or a fixed price determined by the Minister or the Commission. 

 

(5) The procedures for obtaining a fixed price to be determined by the Minister or the Commission, as the case may be, may include the following: 

 

(a) the method of determining the price; 

 

(b) the method of payment of the assignment's fees; and 

 

(c) the advertisement of the proposed assignment. 
 

(6) The matters to be taken into account in determining the fixed prices shall include the following: 

 

(a) the potential applications including the type of technology that may be used; 

 

(b) the congestion caused by intensity of demand; 

 

(c) the extent of spectrum usage; 

 

(d) the prices paid for the auction, tender or trading of spectrum rights; 

 

(e) qualitative factors such as -

 

(i) band quality; 

 

(ii) flexibility of band usage; 

 

(iii) availability of equipment for use in the band; and 

 

(iv) ranges of band; and 

 

(f) any other matters as the Commission may deem necessary.

 

(7) The Commission may modify or vary the marketing plan as it deems fit.