The right for disseminating television programming by digital broadcasting can be obtained in a public tender conducted by the Agency.
Initiating the public tender
The public tender is initiated by a decision the Agency issues with the approval of the Broadcasting Council. The decision on launching a public tender is published in the Official Gazette of the Republic of Slovenia, and the Agency’s website, while the tender documentation with accompanying forms is published on the Agency’s website.
The tender documentation includes detailed explanations of conditions and measures that are the basis for assessing the applications. The Agency is responsible for assessing certain measures, while the measures regarding the programming content are assessed by the Broadcasting Council.
Deadline for submitting bids and public tender-opening
The deadline for presenting the bids is generally 60 days after the decision has been published in the Official Gazette of the Republic of Slovenia, and the bids must be delivered to the Agency’s address. The bids that are delivered after the deadline are returned to sender by the Agency.
After the deadline the commission for handling the public tender opens all the delivered and correctly marked bids at the public tender-opening.
After the public tender-opening the commission checks whether each individual bids and all the documents in it meet the conditions of the legislation and the tender documentation. They also check whether the bidder fulfills the conditions stated in the decision and the tender documentation. The bids that do not fulfill the conditions of the legislation or the tender documentation are excluded from the further procedure.
The commission assesses the applications in accordance with the measures for which the Agency is applicable, and prepares a report on the assessment of applications. The applications and the report on their assessment are sent to the Broadcasting Council, where they assess the offers in terms of programming content and issue a detailed proposal with an explanation for the selection based on the total assessment score.
The decision for the right to disseminate television programming in digital broadcasting
Based on the proposal with an explanation from the Broadcasting Council the Agency issues a decision with which it grants the selected provider the right to disseminate in the digital broadcasting in the area the tender defined.
Additional programming requirements
After the completion of the public tender, the selected provider’s license for conducting television station activities is issued. It includes additional programming requirements that arise from the programming conditions that were part of the public tender, and that the provider is obliged to adhere to in their programming.
The Agency handles the public tender adhering sensibly to the provisions of the Electronic Communications Act that define public tenders for analog broadcasting, while the conditions and measures for selection among the providers is detailed in Article 104.a of the Mass Media Act.