Undertakings may not accumulate radio frequencies in order to distort competition in the
market. Such conduct on the part of an undertaking may be detected in particular when it fails
to use radio frequencies to the extent and by the deadlines laid down in the decision itself or
in the undertaking’s tender and there are no objective reasons which the undertaking was
unable to influence or foresee at the time the decision was allocated, or when it follows from
its conduct that the undertaking acquired the radio frequency in order to restrict competition
in the market.
Article 57
(amendment of a decision allocating radio frequencies)
(1) The Agency may amend a decision allocating radio frequencies ex officio or at the
proposal of the beneficiary of the decision.
(2) A decision allocating radio frequencies shall be amended ex officio if:
1. the distribution of radio frequency bands or use of radio frequencies changes;
2. public demand arises that cannot be met in any other way;
3. it is required for efficient use of the radio frequency spectrum for the public benefit;
4. harmful interference cannot otherwise be avoided or radio frequency protection is not
achieved;
5. it is so required by acts of international law applicable in the Republic of Slovenia and
relating to radio frequencies;
6. the name of the beneficiary of the decision allocating radio frequencies or the name of the
programme changes;
7. it is required in order to form beneficiaries of decisions allocating radio frequencies into
wider regional or national radio or television programming networks registered with the
competent body under the act governing the media;
8. it is required in order to implement EU regulations in the field of electronic
communications.
(3) The amendment of a decision allocating radio frequencies at the proposal of its
beneficiary shall be possible only within the area of coverage of the decision and only if it
does not encroach upon the rights of others and if the conditions under this Act are met. In
the case of amendment of a decision allocating radio frequencies for the provision of
broadcasting, amendment shall be possible outside the area of coverage if such an
amendment ensures greater efficiency of use of radio frequencies, does not substantially alter
the area of coverage, and does not encroach on the benefits enjoyed by other beneficiaries of
decisions allocating radio frequencies, if the conditions under this Act are met.
(4) A decision allocating radio frequencies may not be amended at the proposal of its
beneficiary if proceedings to abrogate the decision under point 3 of the fourth paragraph of
Article 58 of this Act are being conducted against the beneficiary of the right to use radio
frequencies.
(5) The Agency shall, when amending a decision allocating radio frequencies, issue a new
decision allocating radio frequencies and annul the previous decision. The Agency may also
determine the extent of and deadline for adjustment in the new decision. In the cases referred
to in the second paragraph of this Article, the Agency may also annul a decision allocating
radio frequencies in its entirety with a new decision and determine new content for that
decision.
(6) In the decision referred to in the preceding paragraph, the Agency may, in exceptional
cases, extend the validity of the decision allocating radio frequencies, but not a decision
allocating radio frequencies for the provision of public communications services to end-users,