Individual Authorization for Use of Frequencies
The Office shall perform management of frequency spectrum, which shall include:
a) Cooperation with the Ministry in elaboration of the draft of the national table of the frequency spectrum,
b) Preparing the plan of use of frequency spectrum,
c) Assigning frequencies and laying down the conditions for the use of frequencies,
d) Coordinating and checking the use of frequency spectrum.
The frequencies shall be used only on the basis of the general authorisation for the use of frequencies or the basis of an individual authorisation for the use of frequencies. The individual authorisation for the use of frequencies (hereinafter referred to as „individual authorisation") means the decision of the Office on the allocation of frequencies and on laying down the conditions under which the frequencies may be used or the decision of the Office on the allocation of frequencies or the decision on the conditions under which the frequencies may be used.
The Office shall issue the individual authorisation in line with the plan of the use of frequency spectrum, where applicable, in order to:
a) avoid harmful interference,
b) ensure technical quality of service,
c) ensure efficient use of frequency spectrum, or
d) fulfil other objectives of the general interest as defined in line with the international agreement binding upon the Slovak Republic.
The Office shall issue the individual authorisation within six weeks from the date of delivery of the complete application in terms of the frequencies which are available in line with the plan of use of frequency spectrum. If there are more applicants requiring the same frequencies, the Office shall issue the individual authorisation in order of the delivery of the applications. The Office may extent the period for issuing the individual authorisation to a maximum of eight months, if necessary to ensure fair, proportionate, open and transparent procedures for all applicants. Such time limits shall be without prejudice to the international agreements relating to the use of frequencies and orbital positions.
The holder of the individual authorisation may be:
a) a natural person that reached the age of 18 and is fully capable for legal acts, and in terms of the individual authorisation for the operation of an amateur station, a natural person that reached the age of 14,
b) a legal person.
The Office shall issue the individual authorisation for analogue terrestrial broadcasting if the applicant for the individual authorisation has a license on radio analogue terrestrial broadcasting or has concluded an agreement on the transmission of the radio broadcasting with the holder of such a licence.
The Office shall not issue or extend the individual authorisation if:
a) It is required by an international agreement or membership of the Slovak Republic in an international organization,
b) It is determined by a special regulation ,
c) The plan of the use of the frequency spectrum does not permit the allocation of the frequency,
d) The required frequency is not available,
e) A person required the individual authorisation whom the Office has withdrawn the individual authorisation within the last three years under Subsection 3, or
f) The individual authorisation which extension is required by the holder of the individual authorisation concerns the frequencies which were allocated on the basis of the result of a selection procedure.
The Office may decide on the change of the individual authorisation:
a) for the reason under Subsection 1, Letter a) if the fulfilment of such obligations is not possible otherwise,
b) the realities, on the basis of which the individual authorisation was granted, have substantially changed,
c) on the basis of a reasoned application of the holder of the individual authorisation.
The Office shall withdraw the individual authorisation or the allocated frequency if:
a) the holder of the individual authorisation has not started using the allocated frequency for the permitted purpose or in the defined territorial extent within six months from the date of validity of the decision on the allocation, if the Office in the individual authorisation has not specified a longer period, or used for other purpose as it was allocated to him,
b) the holder of the individual authorisation has not used the allocated frequency for the permitted purpose or in the defined territorial extent more than six months; the Office shall withdraw this authorisation if this status will prove repeatedly in the three subsequent inspections with the time intervals of minimum of two weeks between the inspections,
c) the holder of the individual authorisation does not fulfil the obligations under this Act or defined in the individual authorisation although he was warned in advance of the possibility to have withdrawn the authorisation and has not applied remedy in the period defined by the Office,
d) the holder of the individual authorisation has not settled the repeated payment for the frequencies under Section 35 within the three months from the due date or the one-off payment under Section 35 in the due date,
e) the transfer or lease of the rights arising from the allocated frequencies has been realised in contradiction with this Act or the individual authorisation,
f) it is determined by a special regulation.
The individual authorisation shall expire:
a) On the date of expiration of the period for which it was issued,
b) By death or cessation of the holder of the individual authorisation; this shall not apply if the undertaking has a legal successor,
c) on the date defined in the statement on waiving the individual authorisation delivered to the Office, the earliest date shall be the date of the delivery,
d) on the date of the termination of providing the networks or services stated under Section 15,
e) on the date of the adoption of the decision under a special regulation ,
f) on the date of the adoption of the decision on the cancellation of the vessel from the maritime registry of the Slovak Republic or of the registry of vessels, in terms of the individual authorisation for the ship station or the decision on the cancellation of the aircraft from the registry of aircrafts of the Slovak Republic, in terms of the individual authorisation for the aircraft station.