- radio spectrum, may transfer the authorization or part of the rights and the relevant obligations
included in an authorization, or lease the individually assigned scarce resource - radio spectrum only
after advance authorization by the Commission.
(2) The Commission shall grant an authorization under Paragraph (1) where the following
conditions are fulfilled:
1. (supplemented, SG No. 105/2011, effective 29.12.2011) the transfer or lease does not distort
competition in the electronic communications sector in the part of use of an individually assigned scarce
resource, and
2. (supplemented, SG No. 105/2011, effective 29.12.2011) the transfer or lease does not lead to
changes in the conditions for use of the individually assigned scarce resource, or
3. (supplemented, SG No. 105/2011, effective 29.12.2011) the transfer or lease referred to in
Paragraph (1) for implementation of electronic communications through use of existing and/or new
analogue electronic networks for analogue terrestrial broadcasting does not lead to a change of the radio
and television programme services of the public broadcasters governed by public law as distributed by
the undertakings licensed by the Council for Electronic Media;
4. (new, SG No. 105/2011, effective 29.12.2011) two years have lapsed since the obtaining of the
individually assigned scarce resource through a contest or tender.
(3) Paragraph (1) shall not apply upon universal succession through change of the legal form of the
corporation.
Article 122. (1) (Amended, SG No. 17/2009, redesignated from Article 122 and amended, SG No.
105/2011, effective 29.12.2011) The terms and procedure for transfer of authorizations for use of an
individually applied scarce resource, as well as of part of the rights and the respective obligations
included in the authorization or lease of the individually assigned scarce resource - radio spectrum, shall
be established by a statutory administrative act by the Commission after conduct of a public consultation
under Article 36 herein, and the said act shall be promulgated in the State Gazette.
(2) (New, SG No. 105/2011, effective 29.12.2011) The terms and procedure for transfer of
authorizations for use of an individually assigned scare resource, as well as of part of the rights and the
relevant obligations included in the authorization or lease of the individually assigned scarce resource radio spectrum, must not distort competition.
Article 123. (Amended, SG No. 105/2011, effective 29.12.2011) On a monthly basis, the
Commission shall post on the Internet site thereof information on the rights transferred under
authorizations or on the leased individually assigned scarce resource - radio spectrum as granted.
Chapter Six
RADIO SPECTRUM AND GEOSTATIONARY ORBITAL
POSITIONS
Article 124. (1) The radio spectrum shall be managed and effectively used avoiding harmful
interference in accordance with the State Radio Spectrum Planning and Allocation Policy, the National
Radio Spectrum Allocation Plan, the Regulatory Policy for Radio Spectrum Management for Civilian
Needs, as well as in accordance with international agreements whereto the Republic of Bulgaria is a
party.
(2) The radio spectrum shall be managed and effectively used with a view to safeguarding the
public interest, public health and safety, freedom of speech, the cultural, scientific, social and technical
aspects of the policy of the European Union, as well as the interests of radio spectrum users.
(3) (New, SG No. 105/2011, effective 29.12.2011) The management of the radio spectrum shall
promote the harmonized use thereof in the European Union so as to ensure effective and efficient use of
radio frequencies for the purpose of delivering benefits for consumers such as economies of scale and
interoperability of services.