Today, July 21, 2008, ANRCTI launches for public consulation the draft decision on the procedure for granting licences for the use of radio frequencies in the 3600-3657 MHz and 3700-3757 MHz ranges and on establishing the amount of the licence fee for granting the right to use radio frequencies in the 3657-3685 MHz and 3757-3785 MHz ranges.
The draft decision establishes the preliminary stages, as well as the stages of the tender, from the elaboration and the submission to public consulation of the draft terms of reference to the actual granting of licences to the winners of the selection procedure. Moreover, the draft decision sets up the attributions of the tender commission and of the appeal settlement commission.
Furthermore, the draft decision establishes the mandatory provisions to be stipulated in the Terms of Reference: the technical conditions for the use of the frequency bands launched for tender, the eligiblity conditions, the minimum set of obligations the tenderers must undertake as winners of the tender, the scoring grid and many other issues deemed relevant by the tender commission.
In view of removing all doubt as regards the objectivity of the commission’s assessment, the draft decision proposes a series of compatibility criteria for the membership of the tender commission, i.e. the members cannot be shareholders or employees of any legal entity that holds at least 25% of the amount/number of shares or voting rights in the tenderers’ general assembly of shareholders.
Alongside the general conditions an offer must fulfill in order to be deemed eligible (it should be firm, final, irrevocable and unconditional), the draft decision establishes that only the offers received within the deadline mentioned in the Terms of Reference and accompanied by the EUR 200,000 guarantee will be assessed.
As regards the right granted to the National Company Radiocommunications S.A. (SNR), according to the Government Emergency Ordinance no. 18/2008, this shall not be exercised unless this company meets the minimum requirements to be stipulated in view of granting the other two licences for the use of the 3600-3657 MHz and 3700-3757 MHz frequency ranges. The amount of the licence fee for granting the right of using the radio spectrum within the 3657-3685 MHz and 3757-3785 MHz bands, due by the SNR under the provisions of the Government Decision no. 638/2008, is the RON equivalent of EUR 2,000,000.
The draft decision is available on the ANRCTI website. The interested persons are invited to send their comments and suggestions by 05.08.2008, to the ANRCTI headquarters (2 Delea Noua Street, Sector 5, Bucharest) or directly to the ANRCTI registration office, as well as to its territorial offices in the closest county capital city. Comments may be sent, as well, by fax, to +40 372 845 454, or by e-mail to consultare@anrcti.ro.