if the costs of the adjustment referred to in the preceding paragraph encroach
disproportionately on the benefits enjoyed by the beneficiary of the decision allocating radio
frequencies.
(7) The beneficiary of an amended decision allocating radio frequencies shall have the right
to be allocated other comparable radio frequencies that technologically enable the provision
of the same services, if the reasons for the amendment have not arisen through its own fault.
Radio frequencies with an equivalent area of coverage shall be allocated by means of a
decision under an administrative procedure without a public invitation to tender.
(8) The beneficiary of an amended decision allocating radio frequencies for the provision of
broadcasting as referred to in the preceding paragraph shall have the right to be allocated
additional radio frequencies in the area of coverage of the decision being amended if, owing
to interference, it is not possible to provide services of the expected quality on radio
frequencies with equivalent coverage. The additional radio frequencies shall be allocated by a
decision under an administrative procedure without a public invitation to tender.
(9) Beneficiaries of a decision referred to in the preceding paragraph shall not be liable to pay
an annual fee to the Agency for the use of the additional frequencies.
Article 58
(revocation of a decision allocating radio frequencies)
(1) The Agency may abrogate a decision allocating radio frequencies at the proposal of the
beneficiary of the decision or ex officio.
(2) The Agency shall abrogate a decision allocating radio frequencies at the proposal of the
beneficiary of the decision only if the beneficiary meets all the obligations laid down in the
applicable legislation and in the decision allocating radio frequencies.
(3) The Agency must initiate a procedure to abrogate a decision allocating radio frequencies
intended for analogue broadcasting services ex officio if this is proposed by the Broadcasting
Council.
(4) The Agency shall abrogate a decision allocating radio frequencies ex officio if it finds
that:
1. the application for the decision allocating radio frequencies contained false information;
2. the beneficiary no longer meets the prescribed conditions under the applicable legislation
or its decision allocating radio frequencies;
3. the beneficiary has not commenced using the radio frequency by the deadline set in the
decision allocating radio frequencies or the undertaking’s tender in the public invitation to
tender, or the allocated radio frequency was not used over a period of six months as
ascertained by at least six random checks, unless the decision determines otherwise or the
beneficiary proves the contrary by means of written evidence;
4. the beneficiary has transferred the right to use radio frequencies to another natural person
or legal entity by legal transaction in accordance with the first paragraph of Article 55 of this
Act;
5. there is no other way of avoiding harmful interference caused by the radio equipment
signal to other radio equipment, receivers or electrical or electronic systems;
6. the fee for the use of radio frequencies or the fee for the efficient use of a limited natural
resource have not been paid despite several warnings to do so;
7. there are other serious or recurring irregularities concerning compliance with the
conditions for the use of radio frequencies referred to in Article 52 of this Act and laid down
in the decision allocating radio frequencies, unless these irregularities have been removed by
more lenient measures in a supervisory procedure.