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Section 8, 10, 11, Information Society Code (2014):
“Section 8. Licencing procedure The Government grants licences for telecommunications operations in the meaning of section 6
(1) and for public authority network operations in the meaning of section 6
(2) free of charge as laid down in section 10. If new frequencies that are technically appropriate and appropriate for efficient frequency use are added to public telecommunications in a mobile network, the Government may decide on granting a licence by auction as laid down in Section 11.
Section 10. Issuing licences by comparative procedure A licence shall be granted if:
1) the applicant has sufficient economic resources to meet the network operator obligations; and
2) the licencing authority has no justifiable reason to suspect that the applicant will violate the provisions of this Act; and
3) the licencing authority does not have weighty reasons to suspect that granting a licence to the applicant would apparently risk national security. A licence for providing network service in a public authority network shall be granted if the applicant, in addition to fulfilling the requirements referred to in subsection 1, has the ability and professional skills needed in regard to the special nature of the operation.
If a licence referred to in subsection 1 cannot be granted to all applicants due to the scarcity of radio frequencies, it shall be granted to applicants whose operation best promotes the purposes laid down in section 1 of this Act.
All information required by the licencing authority that is necessary to assess compliance with the licence requirements referred to in section 1 shall be given in a licence application.
A decision on a licence granted by the Government shall be made within six weeks of the close of the application period. In special cases the Government may extend the six-week deadline by eight months at most if this is necessary to ensure that the application procedure is fair, reasonable, clear and transparent or to supplement the information in the applications or for other special reasons. Any extension to the deadline shall be announced publicly.
Section 11. Issuing licences through an auction process The Government shall grant a licence referred to in section 8(2) to an enterprise, organisation or association that has made the highest valid bid for the frequency band or frequency pair in the auction, unless the licencing authority has especially weighty reasons to suspect that granting the licence to the applicant in question would apparently risk national security.
Practical arrangements related to the auction are the responsibility of Ficora.
The auction shall be unbiased, clear, open, non-discriminatory and technology and service neutral.
Provisions regarding the number of frequency bands and frequency pairs to be granted, the maximum number of frequencies to be allocated to an enterprise and organisation, the auction model to be used and the starting bids for the frequencies to be auctioned shall be given by Government Decree. The auction may be conducted using an electronic auction system.
The auction may include one or more rounds with ascending bids. All bids submitted in the auction are binding until the end of the auction.
Ficora announces the auction concluded after a bidding round during which no new bids have been placed for any frequency pair or frequency band.
The highest valid bid placed for each frequency pair or frequency band at the conclusion of the auction wins the auction.”
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