Article 41 (special provisions on the public opening of tenders) (1) The opening of tenders shall be public. (2) The tender commission shall keep minutes on the tender opening procedure, which must contain, in particular, the serial number of the tender and, if the tender is anonymous, the title or code of the tenderer and the tender price. Care must be taken throughout the procedure to ensure that tenderers’ business secrets are not disclosed. (3) At the public opening of tenders, a check shall be made as to whether the tenders contain all documents required by the tender dossier (formal completeness), where the authenticity and content of the documents shall not be checked. (4) Only tenders delivered by the deadline and correctly marked shall be opened. The tender commission must send incorrectly marked tenders back to the sender unopened. (5) The public invitation to tender shall be valid if at least one timely and correct tender that meets the relevant conditions is received. (6) In the decision on initiation of a public invitation to tender, the Agency may stipulate that an individual public invitation to tender shall be deemed to be valid if a different minimum number of tenders meeting the relevant conditions is received. Article 42 (supplementing of tenders) (1) Within five days of the opening of tenders, the commission shall write to tenderers that have submitted incomplete tenders inviting them to supplement the tenders. The deadline for supplementing a tender may not be shorter than eight nor longer than 15 days. Those parts of a tender that are subject to evaluation may not be supplemented. (2) Incomplete tenders that are not supplemented by the deadline referred to in the preceding paragraph shall be rejected. Article 43 (review and evaluation of tenders) (1) After completion of the public tender opening procedure, the commission shall first establish whether all the documents in the tender meet the requirements of the law and the tender dossier. If the commission finds that a tender does not meet the requirements of the law and the tender dossier, it shall exclude it from further procedure. The commission shall evaluate the remaining tenders in accordance with the tender criteria. (2) After reviewing and evaluating the tenders received, the commission shall compile a report presenting its evaluations of the individual tenders and stating which of the tenders best meets the published selection criteria. (3) Where the subject of a public invitation to tender is the allocation of radio frequencies for the provision of analogue broadcasting services, the commission shall send the complete tenders and the report on its evaluation in relation to the tender criteria, which shall not include an evaluation of programmes, to the Broadcasting Council. The Broadcasting Council shall evaluate the tenders received in relation to their programmes in accordance with the criteria laid down in the decision on the initiation of the public invitation to tender and, on the basis of an overall evaluation of all tender criteria, submit a reasoned proposal for selection to the Agency. The Broadcasting Council must send the reasoned proposal for selection to the Agency not later than 60 days after receiving the tenders and the Agency’s report. (4) The commission or the Broadcasting Council may request that tenderers provide