Individual Authorization for Use of Frequencies

• ORDER OF THE GOVERNMENT of the Slovak Republic No. 443/2001 Coll. setting details of technical requirements and on conformity assessment procedures for radio and telecommunications terminal equipment
• Application form for a Type Authorisation (.rtf)

An individual authorization for use of frequencies and identification codes shall be the decision of the Office on a authorization to operate a radio facility (hereinafter referred to as “Authorization”) by allocation of a frequency in that decision.

The Office shall allocate frequencies according to the plan of frequency spectrum on the basis of an application. In case of free frequencies according to the frequency spectrum plan, the Office shall issue the authorization within six weeks following the delivery of a complete application, at the latest. The Office may prolong the above-mentioned period to 8 months, at maximum, if it is necessary for ensuring fair, reasonable, open and transparent procedures for all applicants. The above-mentioned deadlines shall not apply to international agreements related to use of radio frequencies.

The request for allocation of frequencies shall include:

1. Name, surname and address of the applicant in case of a natural person, or the business name and registered office in case of a legal entity, or the business name and place of business in case of an entrepreneur – natural person,
2. Number and type of radio facilities,
3. Requested frequency,
4. Purpose and way in which the radio facilities will be used, including their technical data,
5. Data about the person responsible for operation of the radio facility and certificate of his/her special professional qualification,
6. Assumed date of launch of the radio facilities into operation,
7. Verified copy of the broadcaster's license pursuant to a special regulation, if it is an authorization to operate a radio facility for radio and television broadcasting,
8. Period for which the allocation of frequencies are required.

In order to assess and verify an application pursuant to Subsection 3, the Office shall be entitled to require submission of information necessary for proving capability of the applicant to fulfill certain conditions.

In case of allocation of the selected frequencies harmonized for a certain type of service listed in the national frequency spectrum table which conditions are determined in the plan of use of frequency spectrum, the Office shall execute a competitive selection procedure.

The authorization pursuant to Subsection 1 may include only:

1. Identification data of the authorization holder,
2. Definition of the service or type of network or technology for which the rights for usage of frequency including possible exclusive use of the frequency for transmission of a specific content or specific audio-visual services have been granted,
3. Conditions for effective and efficient use of frequencies including possible requirements for coverage,
4. Technical and operational conditions necessary for prevention of harmful interference and limitation of exposition of broad public to the effects of electromagnetic field if such conditions differ from conditions set in the general authorization,
5. Allocated frequencies and identification codes, and the period for which frequencies are allocated except for all changes in the national frequency spectrum table,
6. Liabilities assumed by the undertaking in the course of the competitive selection procedure procedure,
7. Operator class for amateur stations,
8. Amount and way of payment for frequencies and identification codes, and
9. Obligations which must be fulfilled in order to comply with valid international agreements on use of frequencies.

The Office shall issue a authorization for operation of a radio facility for radio or television broadcasting, if the applicant has been granted a license for radio or television broadcasting or if it has concluded a contract on provision of services with a holder of such a license.

The Office shall grant the authorization for a maximum of 10 years. The Office shall be entitled to prolong the authorization repeatedly, for a maximum of ten years. In cases justified by the return on investment period, the Office shall be entitled to grant the authorization also for a longer period or to prolong the authorization by a longer time. In case of an authorization for operation of a radio facility for radio and television broadcasting issued on the basis of a license for radio or television broadcasting, such authorization can be granted for the term listed in the request or for the term of this license, at maximum.

The authorization can not be transferred to another legal entity or natural person. The authorization shall not be transferred to a legal successor of the authorization holder upon the sale of the undertaking or its part, or within distrait performed pursuant to a special regulation, court execution of a decision, or procedure pursuant to a special regulation.

The Office shall not grant the authorization, if:

1. It is necessary in order to comply with the obligations resulting from an international agreement or the membership of the Slovak Republic in an international organization,
2. The plan of use frequency spectrum does not enable the allocation of the frequency,
3. Required frequency is not available, or
4. The Office cancelled the authorization pursuant to Section 34, Subsection 1, Letter c) for the same type of the facility in the last three years.

The Office may decide on change of the authorization

1. Due to the reason specified in Subsection 21, Letter a), if the compliance with these obligations can not be ensured in a different way
2. If there has been a significant change of circumstances based on which the authorization was granted,
3. Based on a justified request of the authorization holder.