general procedure.
Article 78a. (New, SG No. 105/2011, effective 29.12.2011) (1) In case the applicable general
requirements or obligations under the authorizations and/or specific obligations imposed are not
complied with, the Commission may, by decision, impose urgent measures to remedy any breaches that
represent:
1. an immediate and serious threat to public safety, public security or public health, or
2. serious economic or operational problems for other providers or users of electronic
communications networks or services or for other users of the radio spectrum.
(2) The Commission shall give the undertaking an opportunity to state its views and to propose
any remedies for the breach. The Commission shall pronounce within fourteen days on the views and
the measures proposed by the undertaking.
(3) The measures referred to in Paragraph (1) shall be imposed for a maximum period of three
months. In case the procedures for remedying the breach have not been completed, this period may be
extended by not more than three months.
(4) In case the undertaking implementing electronic communications fails to cease the
non-compliance within the period referred to in Paragraph (3), the Commission shall impose a sanction
according to this Act.
Section III
Granting of Authorization: General Provisions
Article 79. An authorization shall be required for use of an individually assigned scarce resource
for implementation of electronic communications.
Article 80. (1) The requirements for the granting of an authorization shall be the same for all
persons wishing to implement electronic communications of one and the same type through use of an
individually assigned scarce resource.
(2) Authorizations shall be granted respecting the principles of objectivity, proportionality,
non-discrimination and transparency.
Article 81. (1) (Supplemented, SG No. 17/2009) The Commission shall grant an authorization for
use of an individually assigned scarce resource - radio spectrum after conduct of a contest or tender in
the cases where the number of candidate is greater than the number of persons who or which are eligible
to obtain an authorization for the relevant available scarce resource.
(2) (Supplemented, SG No. 17/2009) The Commission shall grant an authorization without
conduct of a contest of tender for use of an individually assigned scarce resource - radio spectrum in the
following cases:
1. for own needs of the state bodies in connection with the functions thereof, and to diplomatic
missions or other organizations enjoying the status of diplomatic missions;
2. for implementation of electronic communications for private needs;
3. where the number of candidates is smaller than or equal to the number of persons who or which
are eligible to obtain an authorization for the relevant available scarce resource;
4. (supplemented, SG No. 105/2011, effective 29.12.2011) for implementation of electronic
communications through use of existing and/or new analogue electronic communications networks for
analogue terrestrial broadcasting, after a decision by the Council for Electronic Media with the
exception of the cases referred to in Articles 49a and 49b herein;
5. where a provisional authorization under Article 109 herein is granted.
(3) The subject, scope and period of applicability of an authorization referred to in Item 4 of
Paragraph (2) may not differ from the subject, scope and term of validity of the radio or television
broadcasting licence.
(4) (New, SG No. 17/2009) The Commission shall grant an authorization for use of an individually