Section 32 Act on Electronic Communications
(7) The Office shall initiate the competitive selection proceeding with a call for submitting bids, in which it shall
determine:
a) frequencies, frequency blocks or frequency band, which are subject of the selection proceeding,
b) purpose of use, conditions and principles for optimal use of frequencies,
c) evaluation criteria,
d) deadline for submitting the bid,
e) requirements on the form and content of the submitted supporting documentation for the selection
proceeding in order to provide for comparability of the bids,
f) the amount of the one-off payment for allotment or assignment of frequencies as expected minimum bid,
g) additional supporting documentation for the competitive selection proceeding.
(8) The Office shall publish the call for submission of bids pursuant to Section 6, Subsection 4 and in one
national daily press periodical in the Slovak Republic. The Office shall cancel the competitive selection
proceeding if during the period for submission of the bid, specified in the call, no bid was submitted or none of
the submitted bids were in accordance with the conditions specified in the call. The Office may cancel the
selection proceeding if the circumstances, under which the competitive selection proceeding was announced, have
significantly changed. Without delay, the Office shall notify all applicants about the cancellation of the selection
proceeding and state the reason for the cancellation.
(9) For evaluation of the applications, the Office shall establish a Selection committee consisting of at least five
members. The members of the Selection committee shall be appointed by the Chairman of the Office; only an
unimpeachable and professionally competent person may be a member of the Selection committee. The member
of the Selection committee shall not be:
a) a person who has an employment relation or a similar employment relationship with any participant or his
representative in the selection proceeding,
b) a person who is a partner, statutory body or a member of the statutory body or controlling or supervisory
body of any participant or his representative in the selection proceeding,
c) a person that is close18) to a partner, statutory body or a member of the statutory body, member of the
controlling or supervisory body, or a senior executive of any participant or his representative in the selection
proceeding,
d) a person whose unprejudiced approach can be doubted with respect to his/her relation to the matter, to any
participant or his representative in the selection proceeding.
(10) A person that is to be appointed a member of the Selection committee shall provide the Chairman of the
Office with a written declaration on word of honour that in his/her case there is no obstacle pursuant to
Subsection 9. Should any obstacle pursuant to Subsection 9 occur after the initiation of the competitive selection
proceeding, the member of the Selection committee shall inform the Chairman of the Office on such a fact
without delay and until to his/her recalling not to participate in the Selection committee's activity. Instead of
him/her, the Chairman of the Office shall appoint another person to be a member of the Selection committee
who shall comply with the conditions set in Subsection 9 and provide a declaration on word of honour thereof.
(11) In any phase of the competitive selection proceeding, the Office may use services of experts and independent
advisors.
(12) The participant in the competitive selection proceeding shall be the person who submitted the bid within the
deadline stated in the call for the competitive selection proceeding.
(13) The Office shall dismiss the bids submitted after the specified deadline and shall return them unopened to
the submitter of the bid. After the expiration of the specified deadline, the bid shall not be amended.
(14) The Selection committee shall evaluate the bids pursuant to the criteria stated in the call for the competitive
selection proceeding and determine the ranking of participants in the selection proceeding, and produce a report
thereof. In the assignment of frequencies, the Office is bound by the ranking determined by the Selection
committee.
(15) The Selection committee shall exclude from the competitive selection preceding the participant whose bid
does not meet the criteria stated in the call, while the Office shall give him the reasons for the exclusion in
a written notice. The Selection committee shall determine the ranking of participants of the selection proceeding
and produce a report on the process and outcome of the competitive selection proceeding. The Office shall
inform the unsuccessful participants on the outcome of the competitive selection proceeding and, at the same
time, stop the proceeding on their application. The report and other documentation shall be the base for the
continuation of the proceeding on assignment of frequencies with successful participants of the competitive
selection proceeding.
(16) For the successful participants of the selection proceeding, the Office shall issue the decision on assignment
of frequencies within four weeks at the latest, following the evaluation and determination of the ranking of
participants of the competitive selection proceeding. This decision shall not authorise to operate a radio facility.
(17) Should a successful participant of the competitive selection proceeding withdraw his application prior to
issuing the decision on assigning frequencies or abandon the assigning of frequencies or should the Office cancel
the decision on assigning of frequencies because the one-off payment for assigning of frequencies has not been
settled within due date, the Office shall initiate the procedure in the matter on assigning of frequencies with the
next successful participant of the selection proceeding, following the ranking determined by the Selection
committee. The successful participant of the competitive selection proceeding shall undertake the obligations
that he stated in the bid.
(18) The provisions on the competitive selection proceeding shall not apply to the assignment of frequencies for
radio analogue and television analogue terrestrial broadcasting.