Article 7

Procedure for limiting the number of rights of use to be granted for radio frequencies 1. Where a Member State is considering whether to limit the number of rights of use to be granted for radio frequencies, it shall inter alia: give due weight to the need to maximise benefits for users and to facilitate the development of competition; give all interested parties, including users and consumers, the opportunity to express their views on any limitation in accordance with Article 6 of Directive 2002/21/EC (Framework Directive); publish any decision to limit the granting of rights of use, stating the reasons therefor; after having determined the procedure, invite applications for rights of use; and review the limitation at reasonable intervals or at the reasonable request of affected undertakings. 2. Where a Member State concludes that further rights of use for radio frequencies can be granted, it shall publish that conclusion and invite applications for such rights. 3. Where the granting of rights of use for radio frequencies needs to be limited, Member States shall grant such rights on the basis of selection criteria which must be objective, transparent, non-discriminatory and proportionate. Any such selection criteria must give due weight to the achievement of the objectives of Article 8 of Directive 2002/21/EC (Framework Directive). 4. Where competitive or comparative selection procedures are to be used, Member States may extend the maximum period of six weeks referred to in Article 5(3) for as long as necessary to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no longer than eight months. These time limits shall be without prejudice to any applicable international agreements relating to the use of radio frequencies and satellite coordination. 5. This Article is without prejudice to the transfer of rights of use for radio frequencies in accordance with Article 9 of Directive 2002/21/EC (Framework Directive).

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Source: EUR-Lex (Cellar) · retrieved 2026-11-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.