Telecommunications Ordinance Part 5B 5B-6 Section 32I Cap. 106 purpose and in compliance with the conditions specified by the Authority. (6) Where an assignment which may be made under subsection  (1) relates to the use of spectrum which under section 32I is subject to the payment of spectrum utilization fee— (a) by the user of the spectrum; and (b) the method for determining which is prescribed under section 32I(2)(b), then the Authority may, in determining applications for the assignment, regard the fees, if any, arising or resulting from that method as a determining factor in relation to those applications. (Added 12 of 2001 s. 3) 32I. Spectrum utilization fee (1) Subject to the consultation requirement under section 32G(2), the Authority may by order designate the frequency bands in which the use of spectrum is subject to the payment of spectrum utilization fee by the users of the spectrum. (2) The Secretary may by regulation prescribe— (a) the level of spectrum utilization fees; or (b) the method for determining the spectrum utilization fees, which may be by— (i) auction or tender or a combination of auction and tender; or (ii) such method as the Secretary thinks fit, including any method combined with a method mentioned in subparagraph (i). (Replaced 12 of 2001 s. 4) (3) A spectrum utilization fee may be calculated on the basis of a royalty or any other basis that includes an element in excess Last updated date 2.8.2012