decision allocating radio frequencies is being extended and the supply of and demand for the
frequencies being put to tender, the level of development of the market to which the
frequencies being put to tender relate, and the level of such fees in other Member States. It
may in no case be so high as to hinder the development of innovative services and
competition in the market.
(3) An application for the extension of a decision allocating radio frequencies must be
submitted to the Agency no less than 30 and no more than 90 days prior to the expiry of
validity of the decision.
(4) The Agency shall send notice of the expiry of validity of a decision allocating radio
frequencies to the e-mail address supplied by the beneficiary of the decision 90 days prior to
the expiry of validity of the decision. This notice shall be of an informative nature and shall
not have any legal consequences.
(5) In the case of extension, the Agency shall issue a new decision allocating radio
frequencies.
(6) The validity of a decision allocating radio frequencies intended for requirements relating
to measurements, attestations and other tests of radio equipment and a decision allocating
radio frequencies for events may not be extended.
Article 55
(transfer or leasing of rights to use radio frequencies)
(1) The beneficiary of a decision allocating radio frequencies may transfer or lease its right to
use these radio frequencies by legal transaction to another natural person or legal entity that
meets the prescribed conditions, but only with the prior approval of the Agency. The Agency
shall verify that this other natural person or legal entity meets the conditions laid down in a
law, implementing regulation or Agency act, and that the envisaged transaction does not
cause distortion of competition where the spectrum is left unused.
(2) Without prejudice to the provision of the preceding paragraph, the beneficiary of a
decision allocating radio frequencies that acquired the right to use these radio frequencies
without paying the fee referred to in the eighth paragraph of Article 60 of this Act, except in
the case of radio frequencies for analogue broadcasting services, may not transfer or lease its
right to use these radio frequencies by legal transaction to another natural person or legal
entity.
(3) Without prejudice to the provision of the first paragraph of this Article, the beneficiary of
a decision allocating radio frequencies against whom the Agency is conducting proceedings
to abrogate the decision pursuant to point 3 of the fourth paragraph of Article 58 of this Act
may not transfer or lease its right to use the radio frequencies which are the subject of
proceedings to another natural person or legal entity by legal transaction.
(4) In the case of the transfer of a right to use radio frequencies to another natural person or
legal entity under the first paragraph of this Article, the Agency shall issue a new decision
allocating radio frequencies to this natural person or legal entity in accordance with the
provisions of the act governing the general administrative procedure.
(5) The purpose of the use of radio frequencies, which is harmonised under EU regulations,
may not be changed upon transfer of a right to use radio frequencies.
(6) The conditions referred to in Article 52 of this Act and contained in a decision allocating
radio frequencies issued on the basis of a public invitation to tender may only be amended
with the prior approval of the Agency.
Article 56
(accumulation of radio frequencies in order to distort competition in the market)