2.1 Procedure for the issuing of a decision allocating radio frequencies Article 33 (procedure for the issuing of a decision allocating radio frequencies) (1) The Agency shall issue a decision allocating radio frequencies in accordance with the general act on the plan of use of radio frequencies, under the provisions of the act governing the general administrative procedure and following a prior public invitation to tender in cases determined by this Act. The procedures for the allocation of radio frequencies must be objective, transparent, proportionate and non-discriminatory. (2) A decision shall be issued on the basis of a public invitation to tender when it is established in the procedure referred to in Article 36 of this Act that efficient use of a specific radio frequency may only be ensured by restricting the number of decisions allocating radio frequencies issued. (3) A decision allocating radio frequencies for broadcasting and a decision allocating radio frequencies for the provision of public communications services to end-users shall be issued on the basis of a public invitation to tender, without the procedure referred to in Article 36 of this Act. If the Agency receives an initiative from an interested party for a public invitation to tender concerning the use of available frequencies for broadcasting or radio frequencies for the provision of public communications services to end-users, it shall take a written position on the initiative within 15 days of receiving it. (4) Without prejudice to the provision of the preceding paragraph, the Agency shall issue a decision allocating radio frequencies for the broadcasting services referred to in the second and third paragraphs of Article 53 of this Act without a public invitation to tender. (5) Without prejudice to the provision of the third paragraph of this Article, the Agency shall issue a decision allocating radio frequencies for broadcasting to broadcasting service providers without a public invitation to tender if another act deems this necessary in order to comply with public interest objectives. (6) The Agency shall issue a decision allocating radio frequencies to a natural person or legal entity selected under a transparent and open procedure (of the ministry or a local community) as the operator using budget funds of the constructed broadband network for an area in which this network has already been constructed. The decision shall be issued pursuant to the act governing the general administrative procedure and without the procedure referred to in Article 36 of this Act. Article 34 (coordinated allocation of radio frequencies in connection with joint selection procedures) (1) If the use of specific radio frequencies has been coordinated, the conditions and procedures of access agreed upon and the natural persons or legal entities allocated radio frequencies selected in accordance with international agreements and EU regulations, these persons and entities shall acquire the right to use these radio frequencies in the Republic of Slovenia on the basis of a decision issued pursuant to this Act. (2) Where the general act referred to in Article 27 of this Act prescribes the use of radio frequencies on the basis of a decision allocating radio frequencies, the Agency shall issue the decision pursuant to the provisions of the act governing the general administrative procedure and without a prior public invitation to tender procedure. If all the conditions prescribed for the allocation of radio frequencies under this Act have been met in the selection procedure referred to in the preceding paragraph, the Agency may not impose additional conditions, criteria or procedures that could restrict, change or delay the issuing of the decision allocating