Slovak republic
Telecommunications Office of the Slovak Republic
Telekomunikačný úrad Slovenskej republiky

Tender proccedings

 

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.

Last updates: 17. August 2006 14:14:39
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