criteria for for approval. frequency assignment shall take into consideration (a) spectrum availability for the type of service and proposed location; (b) whether the proposed service can be satisfied by any other means of communications; and (c) the distress and safety radio communication services which require special protection from harmful interference. (2) The Commission may assign the use of a frequency or frequencies to the applicant, and shall for that purpose take into account all technical data of the equipment and associated accessories proposed to be used by the applicant. Assignment of frequencies. 18. (1) The Commission may, upon application in a prescribe Form No. 5 set out in the First Schedule, assign frequencies when it is satisfied that such assignment will not cause harmful interference to any station or licensee operating in accordance with the Kenya table of frequency allocations; Provided that in the event of non-availability of the frequencies applied for, the Commission may consider assigning frequencies in alternative frequency bands. (2)A person licensed to operate and provide mobile radio communication – systems and services shall apply to the Commission in the prescribed form No.6 set out in the First Schedule for assignment of the necessary frequencies. Provided that in the event of non availability of the frequencies applied for, the Commission may consider assigning frequencies in alternative frequency band. (3)When the Commission is satisfied with an application, the applicant may be assigned a frequency or frequencies, which shall be used in accordance with the prescribed technical and operating parameters. 24