(1) Natural or legal persons resident or established in the Federal Republic of Germany who use orbital positions and frequencies by satellite are subject to the obligations arising from the Constitution and Convention of the International Telecommunication Union.
(2) Every exercise of German orbital and frequency use rights requires, in addition to the frequency assignment under section 91(1), a grant by the Federal Network Agency. The Federal Network Agency carries out, on application, the registration, coordination, and notification of satellite systems with the International Telecommunication Union, and grants the applicant the orbital and frequency use rights resulting from this. The grant of orbital and frequency use rights is conditional on 1. frequencies and orbital positions being available, 2. compatibility with other uses of frequencies and other registrations of satellite systems being given, and 3. public interests not being adversely affected.
(3) An award procedure may be conducted, on the basis of conditions to be determined by the Federal Network Agency, for existing German plan entries and other unused orbital and frequency use rights held with the International Telecommunication Union.
(4) The grant may be revoked where 1. the orbital and frequency use rights have not been exercised for more than one year, or 2. the conditions of subsection (2), third sentence, are no longer satisfied.
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Part 6 · Frequency Regulation › Section 95
Orbital positions and use of frequencies by satellites
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