radio frequencies.
(3) Natural persons or legal entities that acquire the right in the Republic of Slovenia to use
the radio frequencies referred to in the first paragraph of this Article without a decision being
issued by the Agency may use these frequencies only in accordance with the selection
decision of EU institutions (hereinafter: selection decision) and the EU regulation on the
basis of which it was issued, and must also meet all the conditions contained therein. The
Agency must notify these persons or entities accordingly of their rights and of the method of
their exercise in the Republic of Slovenia. In doing so, the Agency shall take into account the
selection decision and the EU regulation on whose basis it was issued.
(4) The Agency shall monitor and oversee the use of the radio frequencies referred to in the
first paragraph of this Article and, in doing so, pay due regard to EU regulations, including
any requirement to report to the Commission.
Article 35
(issuing of a decision allocating radio frequencies)
(1) An application to commence a procedure to acquire a decision allocating radio
frequencies must, in addition to the elements laid down by the act governing the general
administrative procedure, contain the information that the Agency requires to maintain the
official register of beneficiaries of decisions allocating radio frequencies and to oversee the
use of radio frequencies, as follows:
1. name, address and tax number (natural persons);
2. company name, registered office, tax number and an indication of the legal representative
(legal entities);
3. an indication of the radio frequency to which the application relates and the purpose of use
of this radio frequency;
4. an indication of the geographical area of use of the radio frequency;
5. information on the envisaged technical solution, particularly information on the envisaged
antenna system and radio equipment, the information required in order to make an assessment
on radiation, and statements regarding the location of the facilities, harmful interference and
the cost-effectiveness of use of the radio frequency.
(2) When no public invitation to tender is required, the Agency must issue and deliver a
decision allocating radio frequencies to an applicant within 42 days of receipt of the
application and, at the same time, insert the information on the allocation into the review of
allocated radio frequencies.
(3) Without prejudice to the provisions of the preceding paragraph, the Agency shall refuse to
issue a decision allocating radio frequencies if it determines that:
1. the applicant has not settled all its outstanding liabilities to the Agency;
2. the allocation of the radio frequency does not comply with the acts referred to in Articles
26 and 27 of this Act;
3. the allocation of the radio frequency does not comply with the requirement for efficient use
of the radio frequency spectrum;
4. the radio equipment signal would cause unavoidable harmful interference to other radio
equipment, receivers, or electrical or electronic systems.
Article 36
(acquisition of opinions from interested parties)