7
If a licence referred to in subsection 1 cannot be granted to all applicants due to the scarcity
of radio frequencies, it shall be granted to applicants whose operation best promotes the
purposes laid down in section 1 of this Act.
All information required by the licencing authority that is necessary to assess compliance
with the licence requirements referred to in section 1 shall be given in a licence application.
A decision on a licence granted by the Government shall be made within six weeks of the
close of the application period. In special cases the Government may extend the six-week
deadline by eight months at most if this is necessary to ensure that the application procedure is
fair, reasonable, clear and transparent or to supplement the information in the applications or
for other special reasons. Any extension to the deadline shall be announced publicly.
Section 11
Issuing licences through an auction process
The Government shall grant a licence referred to in section 8(2) to an enterprise,
organisation or association that has made the highest valid bid for the frequency band or
frequency pair in the auction, unless the licencing authority has especially weighty reasons to
suspect that granting the licence to the applicant in question would apparently risk national
security.
Practical arrangements related to the auction are the responsibility of Ficora. The auction
shall be unbiased, clear, open, non-discriminatory and technology and service neutral.
Provisions regarding the number of frequency bands and frequency pairs to be granted, the
maximum number of frequencies to be allocated to an enterprise and organisation, the auction
model to be used and the starting bids for the frequencies to be auctioned shall be given by
Government Decree.
The auction may be conducted using an electronic auction system. The auction may include
one or more rounds with ascending bids. All bids submitted in the auction are binding until the
end of the auction.
Ficora announces the auction concluded after a bidding round during which no new bids
have been placed for any frequency pair or frequency band.
The highest valid bid placed for each frequency pair or frequency band at the conclusion of
the auction wins the auction.
Section 12
Further regulations on the auction process
Ficora may issue further regulations on the process and procedures applied in the auction.
The regulations may relate to:
1) registration for auction and deadlines;
2) placing of bids;
3) raising of bids;
4) switching of bids between frequency pairs and frequency bands in a way that will not
lower the value of placed bids due to the switching;
5) definitions of eligibility in each bidding round;
6) definitions of the highest standing bid;
7) discontinuance or cancellation of the auction due to force majeure or other technical
reason;
8) other similar rules and technical arrangements of the auction.