clarifications regarding their tenders; however, in doing so they may not request, permit or offer any amendments or supplements to the content of a tender. (5) The commission or the Broadcasting Council must, when reviewing and evaluating tenders, take into account only those criteria for selection of the most favourable tenderer that are laid down in the law and the tender dossier, in particular the efficiency of use of the radio frequency spectrum and the promotion and protection of competition. 2.2 Public auction Article 44 (public invitation to tender for the preparation of a public auction) (1) When the only criterion for selection of the most favourable tender is the tendered price, the Agency may stipulate in the decision on the initiation of the public invitation to tender that a public auction is to be held after completion of the public invitation to tender procedure. (2) In the case referred to in the preceding paragraph, the decision on the initiation of the public invitation to tender must contain at least the following: 1. the radio frequencies that are the subject of the public auction and any restrictions concerning the number of rights to use radio frequencies; 2. the conditions and requirements that an individual tenderer must meet in order to be able to take part in the public auction, including the payment of a fee amounting to the administrative costs incurred by the Agency in holding the public auction, which the auction participant shall pay prior to commencement of the auction and which shall in no case be returned to a participant entitled to take part in the auction; 3. the minimum number of tenderers required to allow the public auction to take place; 4. the minimum fee for the efficient use of a limited natural resource, which shall be paid as a one-off lump-sum amount (reserve fee); 5. the detailed rules applying to implementation of the public auction in accordance with the law. (3) A public invitation to tender involving a public auction shall be deemed to be valid if the minimum number of tenderers referred to in point 3 of the preceding paragraph take part in the auction. (4) The Agency shall determine the time, place and method of implementation of the public auction in a decision on the selection of auction participants. The public auction shall be held not less than 20 days and not more than 30 days after the issuing of the decision on the selection of auction participants. The Agency shall publish the time and place of the public auction on its website and in the Official Gazette of the Republic of Slovenia. Article 45 (method of implementation of a public auction) (1) A public auction shall be conducted by the chairman of the commission referred to in the second paragraph of Article 37 of this Act or by his deputy. (2) A public auction shall be held orally, using written bids or with certified electronic applications (for electronic auctions). (3) A public auction may be held in another suitable manner that enables the Agency official conducting the auction and each auction participant to monitor the course of the public auction directly and in real time, and the auction participant to submit bids to an official freely and directly.