(1) At the proposal of the minister, the Government shall, by decree, adopt a radio frequency
band allocation plan that determines radio communications services in relation to radio
frequency bands, the method of use of radio frequency bands and other issues relating to their
use.
(2) The Agency shall compile the expert material for the draft decree referred to in the
preceding paragraph in accordance with acts of international law governing the radio
frequency spectrum and applicable in the Republic of Slovenia.
Article 27
(plan of use of radio frequencies)
(1) The plan of use of radio frequencies, which must comply with the plan referred to in the
preceding paragraph, shall be adopted by the Agency by means of a general act.
(2) In the general act referred to in the preceding paragraph, the Agency shall define in detail
the purpose of use and the method of allocation of radio frequencies within the radio
frequency bands set aside for individual radio communications services in the decree referred
to in the previous Article, and lay down the technical parameters for the use of radio
frequencies.
(3) The Agency shall adopt the general act referred to in the first paragraph of this Article
with due regard to the requirements of national security and defence, protection against
natural and other disasters, and aviation safety.
(4) The Agency shall adopt the general act referred to in the first paragraph of this Article:
1. with respect to radio frequencies set aside for the requirements of national security and
defence and of protection against natural and other disasters, in agreement with the ministry
responsible for defence, the ministry responsible for internal affairs and the director of the
Slovenian Intelligence and Security Agency;
2. with respect to radio frequencies set aside for the requirements of aviation safety, in
agreement with the ministry responsible for transport.
Article 28
(technological neutrality)
(1) All types of technology used for electronic communications services and meeting the
minimum technical requirements in accordance with the purpose of use of radio frequencies
under the general act referred to in the preceding Article may be used in the radio frequency
bands defined in the plans referred to in Article 26 of this Act as available for electronic
communications services in accordance with EU regulations.
(2) Without prejudice to the provision of the preceding paragraph, the Agency shall, in the
general act referred to in the previous Article, provide for proportionate and nondiscriminatory restrictions on the types of radio network technology or types of wireless
access technology used for electronic communications services where this is necessary to:
1. prevent harmful interference;
2. protect public health against electromagnetic fields;
3. ensure technical quality of service;
4. ensure maximisation of radio frequency sharing;