Poland - Beauty contest regarding mobile TV

On October 10, 2008 The President of Office of Electronic Communications (UKE – Urząd Komunikacji Elektronicznej) hereby announced the beauty contest for an exclusive frequency license including radio channels of 8 MHz bandwidth in the 470-790 MHz band intended for provision of audiovisual media services including broadcasting radio or television programmes all over the country, in the DVB-H technology, in the radiocommunication broadcasting service.

Conditions for an exclusive frequency license

The winner of the beauty contest shall be authorised to use an exclusive frequency license until 31 May 2015 on the territory of 31 Cities in the Republic of Poland and from 1 June 2015 until 31 December 2023 all over the country.

The decision of an exclusive frequency license shall include list of radio and television programmes offered in the DVB-H multiplex signal, indicated in the offer of the beauty contest Participant.

The minimal percentage share of audiovisual components of the multiplex concerning the radio or television programmes in its total capacity shall equal 66% and the minimal number of RTV programmes shall amount to 10. Moreover the minimal percentage share of additional services in total multiplex capacity shall equal 5%.

The beauty contest documentation specifies frequencies for particular communes as well as terms and conditions under which the frequencies shall be used.

This documentation has been agreed upon with the National Broadcasting Council in the procedure referred to in Article 118 paragraph 5 of the Telecommunications Law.

Date of submitting the offers

Each beauty contest Participant may submit only one offer.

The offers should be submitted as specified in the beauty contest documentation until 15 January 2008 on working days, until 3 p.m.

Evaluation criteria

The offer evaluation criteria include:

• assurance of conditions for competition by the Participant
• the amount declared by the Participant
• Financial credibility of the Beauty Contest Participant

The most important criterion of offer evaluation in this beauty contest shall be the criterion of assurance of conditions for competition.

The evaluation of the offers according to the criterion of obligations assumed in the beauty contest shall be performed by adding up points awarded for:

1) the date of commencement of using the frequencies and wholesale commercial provision of audiovisual media services including the reception of broadcast radio or television programmes involving their usage:

• within 3 months of receiving the exclusive licence for the frequencies: 50 points;
• within 6 months of receiving the exclusive licence for the frequencies: 25 points;
• after 6 months of receiving the exclusive licence for the frequencies: 0 points;

Further, each Participant must undertake that the using of frequencies and wholesale commercial provision of audiovisual media services including the reception of broadcast radio or television programmes therewith will commence not later than 9 months of the date of obtaining the exclusive license for the frequencies.

2) achieving threshold of the radio signal coverage essential for wholesale service provision at the level not less than 79dB μV/m in 80% of the area of 80% in 10 licence areas, not later than at the end of year:

• 2009: 50 points
• 2010: 25 points
• 2011: 15 points
• 2012 or later: 0 points

3) achieving threshold of the radio signal coverage essential for wholesale service provision at the level not less than 79dB μV/m in 80% of the area of 80% in 31 licence areas, not later than at the end of year:

• end 2011: 50 points
• end 2013: 25 points
• later than end 2013: 0 points

The President of UKE has not indicated a the minimum total score which should be reached by the winner of this beauty contest.

The minimum one-off fee for an exclusive frequency license shall be: PLN 105,600 which amounts to 50% of the annual fee for the frequency use authorisation.

More: Beauty Contest Documentation [Polish]