Pursuant to Articles 21 and 62 of the Broadcasting Law (“Official Gazette of the Republic of Montenegro”, No. 51/02, 62/02, 46/04 and 56/04), Article 25 of the Broadcasting Agency Statute and Article 14 of the Book of Rules on Cable and Wireless Systems for Distribution of Radio and TV Channels to End Users (Official Gazette of the Republic of Montenegro, No 67/06) at the session held on 28th November 2006, the Broadcasting Agency Council adopted the decision to invite
INTERNATIONAL TENDERS
for the awarding the rights to develop and use cable and wireless systems for the distribution of radio and TV channels to end users
1. The subject of this public competition is the awarding of the rights to develop and use cable and wireless systems for the distribution of radio and TV channels to end users (hereinafter referred to as: CDS and wireless systems) on the territory of one or more municipalities in the Republic of Montenegro. The planned number of connections for individual municipalities shall be the number of households in that area in compliance with data published in the The Census of Citizens, Households and Flats in 2005 of the MONSTAT Statistics Bureau of Montenegro.
2. Both domestic and foreign legal persons, with a registered office on the territory of the Republic, registered for the telecommunications field, shall have the right to apply to tender for the awarding of the rights to develop and use CDS and wireless systems (hereinafter referred to as: public tender).
3. The application to tender shall be submitted to the Broadcasting Agency using a special form, provided in Appendix 2 of the Book of Rules on Cable and Wireless Systems for Distribution of Radio and TV Channels to End Users (hereinafter referred to as: the Book of Rules).
4. Technical standards for the development and use of CDS and wireless systems, which shall be an integral part of the application to tender, shall be in line with the technical norms provided in the overview of technical norms for the development of CDS and wireless systems (Appendix 1 of the Book of Rules).
5. Frequency bands 11.7-12.1 GHz, 27.5-28.5 GHz and 40.5-43.5 GHz may be used for the wireless systems for distribution of radio and TV channels to end users.
6. The lowest amount of the annual fee for the development and use of CDS and wireless systems offered by the applicant shall not be lower than 5% of its total annual income based on the provision of service of distribution of radio and TV channels to end users.
7. The Broadcasting Agency Council shall award the right to develop and use CDS and wireless systems to legal persons that have, in compliance with the terms of the public tender, offered the best conditions according to the following criteria:
a) Benefits for the systems users (access fee, monthly fee, possibility of providing/receiving other telecommunication services, benefits for people with disabilities or special needs, etc.) – 25 points
b) Planned number of connections in relation to the population and number of households in the area where the CDS and wireless system is developed, together with the pace of development – 20 points
c) Quality, structure, and number of radio and TV channels to be distributed by the operator – 15 points
d) Quality of technical solution for the development of CDS and wireless system, and its compliance with the norms prescribed by the Book of Rules – 15 points
e) Financial indicators related to the possibility of feasible business operation and possibility of survival on the market, references of the applicant – 15 points
f) Offered amount of annual fee for the development and use of CDS and wireless system – 10 points
8. The Broadcasting Agency shall issue a licence to those legal persons that, in line with the Agency Councils decision, have obtained the right to develop and use CDS and wireless system and met the conditions prescribed by Article 23 of the Book of Rules.
9. The licence for development and use of CDS and wireless systems shall be issued for a period of 10 years, and several licences may be issued for the same area.
10. The applicant to tender obtaining the licence for development and use of CDS and wireless systems for the first time shall start paying the annual fee four months after the issuance of licence.
11. The applicant to tender is obliged to pay, without the possibility of reimbursement, to the bank account of the Broadcasting Agency 510-104-19 with the Crnogorska komercijalna banka, a one-off fee for the processing of application to tender to the amount of:
– 1.000,00 for CDS and wireless system in 1 to 4 municipalities;
– 2.000,00 for CDS and wireless system in 5 to 10 municipalities;
– 4.000,00 for CDS and wireless system in more than 10 municipalities.
Evidence of payment of the tender application fee shall be submitted along with the application to tender.
Payment of this fee shall not be a guarantee that either right or licence application will be awarded.
12. Application to tender shall be submitted as an original and together with five copies in a sealed envelope with the note reading: “Application to tender for the awarding of licences for the development and use of CDS and wireless systems ” and “Do not open until the Agency Council session “, as well as the name and office address of the applicant.
13. Applications shall be submitted in the official language of the Republic of Montenegro or in English with a provided translation in the official language and, in the event of any ambiguities, the relevant interpretation shall be in the official language.
14. The form of the application to tender is available on the web site www.ard.cg.yu and it may be obtained at the premises of the Broadcasting Agency every working day from 8 am. to 4 pm.
15. The applications to tender may be submitted every working day from 8 am. to 4 pm, not later than 12 oclock CET December 29th 2006, by submitting it directly to the Agency archives of by mail to the following address:
9 Bul. Svetog Petra Cetinjskog
81000 Podgorica
Montenegro
16. Late applications shall be rejected without consideration.
17. The opening of applications to tender shall be done at the public session of the Agency Council held on January 5th 2007 at 12 oclock. The authorised representatives of the applicants to tender are entitled to attend the opening of applications.
18. The Broadcasting Agency Council shall adopt, not later than 30 days from the expiry of deadline for submission of applications, the decision on awarding the rights to develop and use CDS and wireless systems and publish it in the Official Gazette of the Republic of Montenegro and on the web site of the Agency.
19. For further information related to this decision or application to tender, please contact the Agency by mail, fax or e-mail (Tel: +381 81 201440, Fax: +381 81 201430, e-mail: ard@mn.yu) not later than 7 days prior to the expiry of deadline for the submission of applications.
20. This decision shall be published in the Official Gazette of the Republic of Montenegro, on the web site of the Broadcasting Agency, domestic daily newspapers (Pobjeda, Vijesti, Dan) and one foreign media outlet.
21. This decision shall come into effect on the day of its adoption.
Chairman
of the Broadcasting Agency Council
Jovan Ivanovic, MSc
Contact:
Tel: +381 81 201440,
Fax: +381 81 201430,
e-mail: ard@mn.yu