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Tender proccedings




     Where necessary to restrict the number of rights for the use of frequencies or in case of the selected frequencies of which the conditions of allocation are determined by the plan of the use of frequency spectrum, the Office shall issue the individual authorisation on the basis of the selection procedure under Subsections 2 to 9. The Office shall announce the selection procedure on the basis of an application to issue the individual authorisation or on its own initiative. During the selection procedure, the Office shall suspend the procedure about the application on the issuance of the individual authorisation.

The Office shall initiate the selection procedure by inviting the offers in which it specifies:

a) Frequencies, frequency blocks or the frequency band which are the subject of the selection procedure,
b) The purpose of use, the conditions and methods of the optimal use of the frequencies,
c) Evaluation criteria,
d) The deadline for submitting the offer,
e) The requirements on the form and the content of the submitted evidence for the selection procedure in order to ensure the comparability of the offers,
f) Amount of the one-off payment for the allocation of frequencies as the expected minimal offer,
g) Additional supporting documents for the selection procedure, where applicable. 

       The Office shall publish the call for the submission of offers in the Journal and shall publish the announcement on publishing the call in a national daily press periodical in the Slovak Republic. The Office shall revoke the selection procedure if there has not been submitted any offer during the period for submitting the offer specified in the call. The Office may revoke the selection procedure if the circumstances under which the selection procedure has been announced changed substantially. The Office shall be obliged without delay to notify all bidders about the revocation of the selection procedure and give reasons for that.

     In order to evaluate the offers, the Office shall establish the Selection commission consisting of at least 5 members. The Chairman of the Office shall appoint the members of the Selection commission; only the unimpeachable and qualified person may be the member of the Selection commission. For the purpose of this Act, the person finally convicted for a deliberate criminal offence shall not be considered unimpeachable. Unimpeachability shall be proved by an extract from the register of criminal records not later than three months; this shall not apply in terms of a state employee. The qualified person means a person with the university education of legal, economic or technical orientation with specialization on the electronic communications and praxis in the field for at least five years. As a member of the Selection commission shall not be the:

a) Person employed or having a similar labour relation to any party in the selection procedure or its representative,
b) Person who is a partner, statutory body or a member of the statutory body or controlling or supervisory body of any party in the selection procedure or of its representative,
c) Person that is close ) to a partner, statutory body or a member of the statutory body, member of the controlling body or supervisory body or a manager of any party in the selection procedure or of its representative,
d) Person which with respect to his relation to the matter, to any party in the selection procedure or its representative can be doubted about his unprejudiced approach,

     The person that is to be appointed a member of the Selection commission shall provide the Chairman of the Office a written declaration on word of honour about fulfilling the conditions under Subsection 4. Should the member of the Selection commission no longer meet the conditions under Subsection 4 after the selective competition has started, he shall be obliged forthwith to inform the Chairman of the Office about this fact and shall not take part in the Selection commission activities until his recalling. The Chairman of the Office shall appoint another person to be a member of the Selection commission who complies with the conditions stipulated in Subsection 4 and provides about this fact a declaration of the word of honour.

     Participant of the selection procedure means a proposer of the offer submitted within the period specified in the call for the selection procedure.

     The Office shall not take into consideration offers submitted after the set deadline and return it the proposer of the offer unopened. The offer shall not be amended after the deadline. 

      The Selection commission shall exclude from the selection procedure the participant of the selection procedure whose offer does not fulfil the conditions of the call or whom the Office has withdrawn the individual authorisation under Section 34, Subsection 3 within the last three years. The Selection commission shall evaluate the offers under the criteria specified in the call for the selection procedure and determine the order of participants of the selection procedure, and shall elaborate a report on this. In allocation of frequencies, the Office is bound by the order determined by the Selection commission. The participants of the selection procedure who took such places where no frequencies would be allocated are considered as unsuccessful participants. The Office shall cease the procedure for the application and provide the reasons to the unsuccessful and excluded participants of the selection procedure. The report on the progress and result of the selection procedure shall be the basis for the continuation of the procedure for the allocation of frequencies to the successful participant of the selection procedure.

     For the successful participant of the selection procedure, the Office shall issue a decision on the allocation of frequencies within four weeks, at the latest, after evaluating and setting the order of the participants of the selection procedure. Such a decision shall not authorise the successful participant to use the frequencies. Prior to the initiation of the use of the allocated frequencies, the successful participant of the selection procedure shall be obliged to request the Office on the issuance of the decision on defining the conditions of use of frequencies.

     Where the successful participant of the selection procedure withdraws its application prior to the issuance of the Decision on the allocation of frequencies or abandons the allocation of frequencies, or the Office revokes the Decision on the allocation of frequencies because the one-off payment for the allocation of frequencies has not been settled within the due date, the Office shall commence the proceedings in terms of the allocation of frequencies with the next participant of the selection procedure respecting the order determined by the commission. The successful participant of the selection procedure shall accept the commitments that he stated in the offer.

     The provisions of the selection procedure shall not apply to the allocation of frequencies for the radio analogue terrestrial broadcasting.