(2) A public competition is organised by the Consumer Protection and Technical Regulatory Authority. (3) A communications undertaking is not qualified in a public competition by the Consumer Protection and Technical Regulatory Authority where: 1) the communications undertaking has tax arrears regarding state taxes, charges or environmental charges within the meaning of the Taxation Act or tax arrears or social security contributions in arrears according to the legislation of its home state; 2) there is good reason to suspect that the communications undertaking itself or a member of its management or supervisory body could pose a risk to national security. (4) In the legislation specified in subsection 1 of this section, the minister in charge of the policy sector may establish the requirements for economic and financial position as well as technical and professional competence of communications undertakings in order to qualify in the public competition. (5) In the legislation specified in subsection 1 of this section, the minister in charge of the policy sector may establish the following as additional conditions for the use of the radio frequency band: 1) technical conditions of the communications network which the technology used must comply with; 2) coverage and investment obligation; 3) the dates of completion and deployment of the communications network; 4) sharing of the communications network. (6) In the legislation specified in subsection 1 of this section, the minister in charge of the policy sector may establish in respect of the frequency authorisation available in the public competition: 1) a one-off authorisation charge of up to 3,000,000 euros; 2) a deposit for participation in the competition. (7) The one-off authorisation charge is determined as a fixed charge or, in the case of an auction, as a starting price. The conditions provided in clauses 1 and 2 of subsection 4 of § 11 of this Act are taken into account upon determining the amount of the one-off authorisation charge. (8) The deposit must be equal to all participants in the public competition and must not exceed the one-off authorisation charge taken for the right to use a radio frequency band. The deposit is returned after the winner of the competition is ascertained. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 92. Approval of conditions of public competition for grant of right to use radio frequency band by European Union Radio Spectrum Policy Group (1) Prior to establishment of the legislation specified in subsection 1 of § 91of this Act, the Ministry of Economic Affairs and Communications notifies the European Union Radio Spectrum Policy Group (RSPG) of the draft legislation. (2) When preparing the legislation specified in subsection 1 of § 91of this Act, the Ministry of Economic Affairs and Communications may cooperate with other Member States of the European Union and the European Union Radio Spectrum Policy Group. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 93. Time limits of public competition for grant of right to use radio frequency band (1) When issuing the legislation specified in subsection 3 of § 9 and subsection 1 of § 91of this Act, the minister in charge of the policy sector takes into account that in order to comply with the harmonised implementing measures for radio frequencies concerning wireless broadband networks and services issued on the basis of Decision No 676/2002/EC of the European Parliament and of the Council on a regulatory framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002, p. 1–6) a public competition must be organised and frequency authorisation must be issued no later than 30 months after the adoption of the appropriate European Union measure. (2) The minister in charge of the policy sector may disregard the time limit specified in subsection 1 of this section when adopting the regulation specified in subsection 3 of § 9 of this Act if this is necessary: 1) in order to ensure national security; 2) due to force majeure; 3) in order to have the use of radio frequencies approved by third countries. (3) The minister in charge of the policy sector may postpone the time limit specified in subsection 1 of this section in the regulation specified in subsection 3 of § 9 of this Act by up to 30 months if this is necessary in order to: 1) have the use of radio frequencies approved by another Member State of the European Union; 2) replan the frequency allocation. Page 10 / 89 Electronic Communications Act