Transfers are only permitted with prior consent of the licensing authority. Consent may only be refused if:
the licence requirements under Article 23 are not complied with; or
the efficient use of frequencies free from interference is not guaranteed.
The licensing authority may permit exceptions from the requirement of consent for individual frequency bands if it is anticipated that the efficient use of frequencies free from interference will be guaranteed and if effective competition is neither eliminated nor seriously restricted. Advance notice must be given to the licensing authority of transfers that do not require consent.
If the licence has been granted by ComCom, paragraph 2 applies by analogy to the economic transfer of the licence. An economic transfer occurs when a company has taken over control of the licensee in accordance with the law on cartels.
Where holders of licences granted by ComCom make joint use of components of radio communications networks, they must give advance notice of this to ComCom. The joint use of frequencies requires consent under paragraph 2.
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