Article 59
(cessation of validity of a decision allocating radio frequencies)
(1) A decision allocating radio frequencies shall cease to be valid under the Act itself:
1. upon expiry of the period for which it was issued;
2. if its beneficiary ceases to exist;
3. upon revocation of the licence to perform radio and television activities issued under a
procedure and under conditions laid down in the act governing the media.
(2) In the cases referred to in points 2 and 3 of the preceding paragraph, the Agency shall
issue a declaratory decision.
Article 60
(fee for the use of radio frequencies)
(1) Beneficiaries of a decision allocating radio frequencies shall be liable to pay an annual fee
to the Agency for the use of the radio frequencies allocated to them. This fee shall cover the
costs incurred by the Agency in the management and supervision of the radio frequency
spectrum.
(2) The Agency shall prescribe the method of calculating the fees due to it under this Article
by means of a general act. The amount of the fee shall be dependent on coverage, the density
of the population in the area of coverage, the radio frequency, the width of the radio
frequency band, the type of radio communications involved, or a combination of the above,
and may not restrict competition or create barriers to market entry.
(3) The amount of the fees referred to in the first and second paragraphs of this Article shall
be set by the Agency using a tariff, with due regard to the necessity to cover the costs referred
to in the first paragraph of this Article and with mutatis mutandis application of the fifth,
sixth and seventh paragraphs of Article 6 of this Act.
(4) Article 7 shall be applied to the charging and payment of fees for the use of radio
frequencies.
(5) Without prejudice to the provision of the second paragraph of Article 7 of this Act, a oneoff fee shall be charged for the use of radio frequencies for the purposes referred to in the
second and third paragraphs of Article 53 of this Act that corresponds to one-twelfth of the
annual fee multiplied by the number of months for which the decision allocating radio
frequencies is valid, but not less than one-twelfth of the annual fee.
(6) Without prejudice to the provision of the fourth paragraph of Article 7 of this Act, the
beneficiary whose right to use radio frequencies has ceased as a result of the expiry of the
period for which it was allocated or through no fault of its own shall pay the fee on the basis
of the number of months for which the right was valid, but not less than one-twelfth of the
annual fee
(7) Without prejudice to the provision of the first paragraph of this Article, state bodies that
are beneficiaries of a decision allocating radio frequencies for the purposes referred to in the
second paragraph of Article 53 of this Act shall not be liable to pay the annual fee referred to
in the first paragraph of this Article.
(8) Without prejudice to the provision of Article 23 of the Digital Broadcasting Act (OGRS,
102/07, 85/10), a fee shall also be paid for the efficient use of a limited natural resource for
all radio frequencies allocated on the basis of a public invitation to tender, but not radio
frequencies for analogue broadcasting services, in order to ensure the optimal use of the
allocated radio frequencies. This shall be a revenue of the state budget. The minimum amount
of this fee and the method of its payment shall be determined in the decision on the initiation
of a public invitation to tender procedure. In setting the amount or minimum amount of this