... ...DRAFT FOR PUBLIC CONSULTATIONS
TENDER DOCUMENTATION
for exclusive frequency licence in the band
2010 – 2025 MHz and 2500 – 2690 MHz all over
the country,
to be used for provision of services in
broadband wireless access networks in mobile
services
Approved by
the President of
UKE
SECTION I... 4
THE SUBJECT OF THE TENDER... 4
SECTION II... 6
THE TENDER PROCEDURE. THE CONDITIONS OF PARTICIPATION IN THE TENDER... 6
1. Tender procedure ... 6
1.1. Invitation to tender ... 6
1.2. Opinion of the President of the Office for Competition and Consumer Protection ... 6
1.3. Announcement of tender results ... 6
2. Contact persons appointed by the President of UKE for all ... 6
matters connected with the tender ... 6
3. Conditions of participation in the tender ... 7
3.2. Purchasing the tender documentation ... 7
3.3. Clarifications to the content of the tender documentation... 8
3.4. Place and date of submitting the offers ... 8
3.5. Tender guarantee ... 8
SECTION III... 10
REQUIREMENTS CONCERNING THE OFFER ... 10
1. Instructions for preparing the offer ... 10
1.1. General requirements ... 10
1.2. The form of the offer ... 12
2. The content of the offer ... 13
SECTION IV ... 14
OFFER EVALUATION PROCEDURE AND CRITERIA... 14
1. Offer evaluation procedure... 14
2. Description of the offer evaluation method in Stage II... 14
Appendix Offer template ... 19
Item 4 – List of telecommunication markets the Tenderer’s capital group members operate on and shareholders holding at least 10% of votes at the Tenderer’s meeting of shareholders/general meeting of shareholders. ... 28
TENDER DOCUMENTATION
concerning the tender for 18 frequency licences, in line with the table specified in section 1, all over the country, to be used for provision of services in broadband wireless access in mobile services.
The tender is carried out on the following legal basis:
a) Act of 16 July 2004 Telecommunications Law (Journal of Laws No. 171 item 1800, as amended), hereinafter referred to as “the Telecommunications Law”. b) Ordinance of the Minister of Infrastructure of 15 February 2008 on the tender
and beauty contest for general exclusive frequency or orbital resources licence (Journal of Laws no. 30, item 179) hereinafter referred to as ”the Ordinance”; c) the results of the public consultations made public on 12 June 2008.
d) Ordinance no. 37 by the President of the Office of Electronic Communications of 30 November 2007 on frequency development plan for the band of 2500 - 2690 MHz and ordinance no. ... of the President of the Office of Electronic Communication of ... 2008 on the frequency development plan for the band 2010 - 2025 MHz
SECTION I
THE SUBJECT OF THE TENDER
:
The subject of the tender covers 18 frequency licences, in line with the table below, all over the country, to be used for provision of services in broadband wireless access in mobile services:
TABLE: DESIGNATION OF LICENCED BLOCK Frequency bands (MHz) TECHNICAL TERMS OF USING THE FREQUENCY
FDD1 2500-2505 and 2620-2625 … FDD2 2505 – 2510 and 2625 – 2630 … FDD3 2510 – 2515 and 2630 – 2635 … FDD4 2515 – 2520 and 2635 – 2640 … FDD5 2520 – 2525 and 2640 – 2645 … FDD6 2525 – 2530 and 2645 – 2650 … FDD7 2530 – 2535 and 2650 – 2655 … FDD8 2535 – 2540 and 2655 – 2660 … FDD9 2540 – 2545 and 2660 – 2665 … FDD10 2545 – 2550 and 2665 – 2670 … FDD11 2550 – 2555 and 2670 - 2675 …
FDD12 2555 – 2560 and 2675 – 2680 … FDD13 2560 – 2565 and 2680 - 2685 … FDD14 2565-2570 and 2685-2690 … TDD1 2570-2620 … TDD2 2010-2015 … TDD3 2015-2020 … TDD4 2020-2025 …
Each exclusive licence will authorise use the licensed frequencies until 31 December 2025.
SECTION II
THE TENDER PROCEDURE. THE CONDITIONS OF
PARTICIPATION IN THE TENDER.
1. Tender procedure
The tender is conducted by the Tender Committee appointed by a regulation of the President of the Office of Electronic Communications (hereinafter referred as to “the President of UKE”).
1.1. Invitation to tender
Pursuant to paragraph 2 of the Regulation, the invitation to tender was published on in the nation-wide journal "Rzeczpospolita" and in the Bulletin of Public Information of the Office of Electronic Communications. The invitation specified the subject of the tendering procedure, its scope, conditions for participation and bid evaluation criteria.
1.2 Opinion of the President of the Office for Competition and Consumer Protection
1.2.1. Under the tender, the President of UKE, pursuant to article 118a paragraph 4 of the Telecommunications Law, the President of UKE shall consult the President of the Office for Competition and Consumer Protection (hereinafter referred as to “the President of UOKiK) on the assurance of conditions for competition.
1.2.2. The opinion of the President of UOKiK on the assurance of conditions for competition shall be taken into account as one of the elements of the evaluation of the assurance of conditions for competition.
1.3. Announcement of tender results
1.3.1. The announcement of the tender results shall be made on the notice board in the UKE premises in Warsaw, at Kasprzaka Street 18/20 and in the Public InformationBulletin of UKE.
1.3.2. The announcement of the tender results shall close the tender.
2. Contact persons appointed by the President of UKE for all
matters connected with the tender:
1) Wiktor Sęga
phone (0-22) 53 49 125 fax: (0-22) 53 49 175
e-mail: [email protected] 2) Mariusz Busiło
Deputy Director of the Department of Frequency Resources Management of UKE phone (0-22) 53 49 125
fax: (0-22) 53 49 175 e-mail: [email protected]
3. Conditions of participation in the tender
3.1. Conditions of participation in the tender are:1) purchasing the tender documentation;
2) submitting the offer to the place, as well as in the time and form specified in the invitation to tender;
3) payment of a tender guarantee by the Tenderer to the bank account of UKE, in the amount, on the date and in a way specified in the invitation to tender, for each offer placed by the Tenderer;
4) providing information on the number of bank account, on which the return of the tender guarantee is to be made and the contact address.
3.2. Purchasing the tender documentation
3.2.1. The tender documentation can be purchased by any entity. Regardless of the number of offers placed by the Tenderer, it is sufficient to purchase only one piece of the tender documentation.
3.2.2. Printed tender documentation may be collected in the headquarters of UKE in Warsaw, at Kasprzaka Street 18/20, in the Secretariat of the Department of Frequency Resources Management, in room 807, between .... and .... on working days between 10.00 a.m. and 2.00 p.m., upon submission of a receipt confirming the payment of fee for the tender documentation.
3.2.3. The electronic version of the tender documentation will be available on UKE website: http://www.uke.gov.pl.
3.2.4. Evidence of purchasing the tender documentation is the receipt for the payment of the amount referred to in clause 3.2.6.
3.2.5. The charge for the tender documentation shall constitute State Budget revenue.
3.2.6. The charge for purchasing the tender documentation shall be PLN 35.00 (say: thirty five zlotys).
Bank account no. 49 1010 1010 0060 4413 9150 0000
with the title: “Opłata za dokumentację przetargową, zakres 2010 – 2025/2500 - 2690 MHz” ("Payment for the tender documentation, band of 2010 - 2025/2500 - 2690
MHz)"
3.3. Clarifications to the content of the tender documentation
3.3.1. Not later than 21 days before the deadline for submitting offers, the entity which purchased a tender documentation may apply in writing to the President of UKE for clarifications to the content of the tender documentation.
3.3.2. The clarifications to the content of the tender documentation, as well as the content of the application without providing the data of the applicant shall be published immediately in the Bulletin of Public Information of UKE.
3.4 Place and date of submitting the offers
3.4.1. The deadline for submitting the offers is on ….. 2009 at 3 p.m.
3.4.2. The offers are to be placed on working days from 9.00 a.m. to 3 p.m. to the Main Chancellery of UKE, at Kasprzaka Street 18/20.
3.4.3. The person submitting the offer shall obtain in the Main Chancellery of UKE a receipt with the following content:
"Pokwitowanie złożenia oferty w przetargu na rezerwację częstotliwości
z zakresu 2010 – 2025/2500 - 2690 MHz (A receipt confirming the payment of tender guarantee for exclusive frequency licences in the band 2010 -
2025/2500 - 2690 MHz)
...(nazwa Uczestnika przetargu)... złożył ofertę w miejscu określonym w ogłoszeniu.
(Name of Tenderer) ... placed on offer in place specified in the announcement. Data i godzina złożenia oferty (Date and time of placing the offer): ……… Osoba przyjmująca ofertę (Person accepting the offer):………".
3.4.4. The Tenderer can make changes to the offer before the deadline for submitting the offers by withdrawing it and submitting a new offer.
3.5. Tender guarantee
3.5.1. For each offer placed, the Tenderer is obliged to pay a tender guarantee in the amount in line with Table attached as Appendix no. 3 hereto.
3.5.2. The Tenderer is obliged to pay a tender guarantee before submitting the offer. A copy of the receipt for the payment of the tender guarantee shall be attached to the offer, in the place specified in the template of Appendix to this documentation.
3.5.3. The tender guarantee shall be paid on the bank account of UKE: BANK PEKAO S.A O/Warszawa ul. Nowogrodzka 50
Bank account no. 57 1240 6003 1111 0000 4944 9952
with the title: „Wadium w przetargu na rezerwacje częstotliwości z zakresu 2010 - 2025/2500 - 2690 MHz". (The tender guarantee for exclusive frequency
licence in the band of 2010 - 2025/2500 - 2690 MHz)
3.5.4. The tender guarantee paid by the winner shall set off from the payment for the Licence for the frequencies.
3.5.5. The return of the tender guarantee shall be made in the following cases: 1) if the offer is returned without opening – within 7 working days from the date of
returning the offer;
2) if the Tenderer fulfils all conditions of participation in the tender but does not win – within 14 days from the date of delivery of the decision on the Licence for the frequencies to the winner;
3) if the Tenderer does not fulfil the conditions of participation in the tender – within 14 days from the date of announcement of the tender results or from the date the tender is deemed unresolved;
4) annulment of the tender – immediately after the date of delivery of the decision on annulment issued by the President of UKE as the second instance.
SECTION III
REQUIREMENTS CONCERNING THE OFFER
1. Instructions for preparing the offer
1.1. General requirements
1.1.1. The offer must be prepared strictly in line with the requirements specified in the tender documentation.
1.1.2. The subject of the tender covers 18 frequency licences, in line with the table below, all over the country, to be used for provision of services in broadband wireless access in mobile services:
TABLE: DESIGNATION OF LICENCED BLOCK Frequency bands (MHz) TECHNICAL TERMS OF USING THE FREQUENCY
FDD1 2500-2505 and 2620-2625 … FDD2 2505 – 2510 and 2625 – 2630 … FDD3 2510 – 2515 and 2630 – 2635 … FDD4 2515 – 2520 and 2635 – 2640 … FDD5 2520 – 2525 and 2640 – 2645 … FDD6 2525 – 2530 and 2645 – 2650 … FDD7 2530 – 2535 and 2650 – 2655 … FDD8 2535 – 2540 and 2655 – 2660 …
FDD9 2540 – 2545 and 2660 – 2665 … FDD10 2545 – 2550 and 2665 – 2670 … FDD11 2550 – 2555 and 2670 - 2675 … FDD12 2555 – 2560 and 2675 – 2680 … FDD13 2560 – 2565 and 2680 - 2685 … FDD14 2565-2570 and 2685-2690 … TDD1 2570-2620 … TDD2 2010-2015 … TDD3 2015-2020 … TDD4 2020-2025 …
1.1.3. Each Tenderer can place the following number of offers:
- in the band 2010 - 2025 MHz - up to three offers, each covering one 5 MHz channel - in the band 2500 - 2570 and 2620 - 2690 MHz - up to three offers, each covering one 2 x 5 MHz duplex channel
- in the 2570 - 2620 MHz band - one offer at the maximum covering ten 5 MHz channels
To sum up the above, the maximum number of offers to be placed in the tender by a Tenderer is 7 (say: seven)
1.1.4 Each offer must designate the licensed block (in line with table included in item 1.1.2) it refers to.
1.1.5 The offer shall be submitted according to the Offer template in Appendix to this documentation.
1.1.6 The Tenderer must include in the offer documents required by the tender documentation.
1.1.7 In case part of the offer template is not applicable in a given situation, the Tenderer must fill in the document by writing the words: “nie dotyczy” (not applicable) in relevant fields. These words cannot be written in Part I of the offer in fields concerning commitments undertaken by the Tenderer.
1.1.4. It is not allowed to introduce any changes to the content of the offer template, i.e. to make any shortenings, omissions, crossings-out, corrections or additions, except for the spaces intended to be filled in.
1.1.5. The offer must be signed by the persons authorized to represent the Tenderer in the present tender and to incur financial liabilities on behalf of the Tenderer. Offer is deemed signed if persons authorized to represent the Tenderer indicated in Appendix sign it.
1.1.6. If the document describing the Tenderer’s legal status or the power of attorney attached to the offer indicate that several persons are jointly authorized to represent the Tenderer, the offer and all Tenderer’s representations included in the offer must be signed by all these persons.
1.1.7. Authorization to represent the Tenderer in the present tender and to incur financial liabilities on his behalf, in particular to sign the offer, must be directly indicated in the documents attached to the offer. It means that if the authorization does not result directly from the document describing the legal status of the Tenderer (the excerpt from the relevant register or a copy of a certification of entry in the Register of Business Entities), the Tenderer must attach to the offer the original of the power of attorney or its copy authenticated by one of the following persons:
a) notary public,
b) the person(s) granting the power of attorney,
c) an attorney or a legal adviser, if he authenticates the copy of the power of attorney granted to him.
1.1.8. The power of attorney and its copy must be duly paid. A receipt for payment of the stamp duty must be attached to the power of attorney and to its copy, or else a competent tax office shall be informed on the failure to pay the stamp duty which is due.
1.1.9. The documents which are part of the offer, including the documents presented in original, shall not be returned to the Tenderer.
1.1.10. The Tenderer shall cover all costs connected with preparation and submitting of the offer.
1.2. The form of the offer
1.2.3. The offer must be legible, drawn up in the Polish language. Should the required document be drawn up in the foreign language, the Tenderer shall submit the document with its translation into Polish made by a sworn translator. The possibility of occurrence of individual words and phrases in foreign language in the offer is allowed. Additional documents submitted with the offer (not required by this documentation), regardless of their language, will not be taken into account during offer evaluation.
1.2.4. The offer must be made in writing.
1.2.5. The original of the offer must be submitted in one copy, with three copies of the original offer (numbered from 1 to 3) and described as follows: “KOPIA nr... do oferty nr ... z zakresu ..." ("Copy no. to offer no. for the frequency band of ...").
1.2.6. The title page of each copy must bear the following statement: „„I hereby certify that the documents included in copy no. … (say: …) on pages from …
(say: ………) to …… (say: ………)…) to be a fair and true copy of the
originals” signed by the Tenderer or the person(s) authorized to sign the offer in accordance with clauses 1.1.9 and 1.1.10.
1.2.7. The offer shall consist of section described in the documentation.
1.2.8. The offer and its copies must be submitted jointly in one, closed and sealed envelope with a note:
"Urząd Komunikacji Elektronicznej ul. Kasprzaka 18/20
01-211 Warszawa
The tender guarantee for exclusive frequency licence in the band of 2010 - 2025/2500 - 2690 MHz".
1.2.9. The sheets (pages) of the offer and its copies must be stitched together or bound.
1.2.10. All pages of the offer filled with writing must be numbered continually in each separate volume with Arabic numerals. This requirement of continual page numbering applies also to the documents attached to the offer.
1.2.11. Any corrections or changes to the offer must be initialled by the Tenderer or the person(s) authorized to sign the offer in accordance with clauses 1.1.9 and 1.1.10.
1.2.12. The documents constituting a part of the offer must have the form of originals or copies authenticated by the Tenderer or by the person(s) signing the offer in line with clauses 1.1.9 and 1.1.10.
2. The content of the offer
The offer should include documents and information specified in the template offer in Appendix to this documentation.
SECTION IV
OFFER EVALUATION PROCEDURE AND CRITERIA
1. Offer evaluation procedure
Offers submitted by Tenderers shall be examined in two stages.
1.1. Stage I of the offer examination consists in verification whether:
1) the Tenderer has purchased the tender documentation, i.e. paid the charge as stipulated in 3.2 in Section II hereof;
2) submitting the offer to the place, as well as in the time and form specified in the invitation to tender. Any offer placed after the deadline specified in Section II clause 3.4.1 hereof shall be returned unopened;
3) the offer meets the requirements specified in the tender documentation;
4) the tender guarantee has been paid in the amount, form and time specified in the invitation to tender and in the tender documentation.
1.2. Stage II of the offer examination consists in evaluation of the following criteria:
1) the amount declared by the Tenderer;
2) assurance of conditions for competition by the Tenderer; 3) financial credibility of the Tenderer;
4) obligations assumed in connection with the tender.
2. Description of the offer evaluation method in Stage II
The Tender Committee shall evaluate the offers using points according to each of the criteria. The most important criterion of offer evaluation in this tender shall be the criterion of the amount declared by the Tenderer.
Evaluation of offers according to the criterion specified in clauses 2.1 and 2.2. shall be made based on templates presented in the said clauses.
Evaluation of the offers according to the criteria specified in Clauses 2.3.-2.4. shall be performed by means of awarding points according to the scoring provided in these Clauses.
The total score for the offer shall be the total amount of all points awarded to this offer for each of the criteria.
2.1. Evaluation of the offer according to the criterion of the declared amount 2.1.1. Evaluation of the offer according to the criterion of the declared amount specified in article 118a paragraph 1 item 2) of the Telecommunication Law shall be based on the following formula:
P1 = 400 x C/Cm Where:
P1 – number of points awarded for this criterion. C = the amount declared in the offer.
Cm = maximum amount declared in the tender.
P1 value shall be calculated to three decimal points, with values ≤ 5 rounded down. 2.1.2. The maximum number of points which can be obtained for this criterion is 400
(say: four hundred).
2.2. Evaluation according to the criterion of the assurance of conditions for competition
2.2.1. Impact on assurance of conditions for competition means preventing the arising or strengthening of a material position, including collective material position on the market of services in public telecommunication networks in the case on entities not related to the market – assurance of effective competition on the market.
2.2.2. The influence on the conditions for competition shall be evaluated on the basis of the opinion the President of UOKiK issued based on article 118a, clause 4 of the Telecommunications Law, taking into account in particular the information and documents contained in Section 4 of the offer template in Appendix to this tender documentation, submitted by the Tenderer.
2.2.3. The evaluation of offers according to criterion of impact on the conditions for competition specified in article 118a paragraph 1 item 1) of the Telecommunication Law shall be based on the following formula:
Kmax – the highest number of points awarded by the Tender Committee on the basis of the opinion of the President of UOKiK.
K - the number of points awarded to the offer by the Tender Committee on the basis of the opinion of the President of UOKiK:
0 – negative impact on the development of competition on the market of services in public telecommunication networks,
15 – neutral impact on the development of competition on the market of services in public telecommunication networks,
20 – positive impact on the development of competition on the market of services in public telecommunication networks.
P2 value shall be calculated to three decimal points, with values ≤ 5 rounded down. 2.2.4. The maximum number of points which can be obtained for this criterion is 200
(say: two hundred).
2.3. Evaluation of the offer according to the criterion of the Tenderer’s financial credibility
2.3.1. Financial credibility is understood as Tenderer’s fulfilment of the obligations to pay charges for the rights to frequencies or orbital resources, as well as the obligations to pay taxes, charges and fees for social and health insurance.
The evaluation of offers according to this criterion shall be performed on the basis of information possessed by the President of UKE, as well as certificates specified in Section 3 in Appendix to this tender documentation, i.e. Offer template.
2.3.2. The evaluation of the offers according to the criterion of the Tenderer’s financial credibility shall be made by adding up points awarded for:
1) fulfilment of the obligations to pay charges for the rights to frequencies or orbital resources and the obligations to pay taxes, charges and fees for social and health insurance:
a) an entity which is not in default of payments for the rights to frequencies or orbital resources and is not in default of payments of taxes, charges and fees for social and health insurance: 50 pts;
b) an entity which is in default of payments for the rights to frequencies or orbital resources and/or is not in default of payments of taxes, charges and fees for social and health insurance: minus 50 pts;
2) fulfilment of the obligations towards the State Budget to pay the amount declared in the tender for the License for the frequencies or orbital resources within the last 3 years before the present tender:
a) an entity which, within the last 3 years preceding the present tender, placed at least one offer in a tender for the License for the frequencies and, after winning the tender, has failed at least once to apply in writing for the License for the frequencies which were the subject of the tender or has failed to pay the declared one-time charge on time: minus 50 pts;
b) entity other than specified in item a): 0 points;
The total amount of points awarded for this criterion is P3 index.
2.3.3. The maximum number of points which can be obtained for this criterion is 50
(say: fifty).
2.4 Evaluation of the offer according to the criterion of obligations assumed in the tender
2.4.1. Obligations specified in the offer shall mean obligations defined in article 115, paragraph 1 item 9) of the Telecommunication Law, which the Tenderer shall perform.
In the present tender the entities shall compete by obligations in the field of:
1) roll-out of the telecommunication network, understood as coverage of at least the minimum percentage of population in the tender area at concurrent coverage of at least the specified number of municipalities, communes or township districts,
The Tender Committee shall examine the relevant obligations on the basis of the declaration to assume obligations under the tender included in Part 1 of the offer submitted by the Tenderers according to the offer template in Appendix to this tender documentation.
2.4.2. The evaluation of the offers according to the criterion of obligations assumed in the tender shall be performed by adding up points awarded for a declaration to:
1) cover at least 25 % of population coverage in the tender area at concurrent coverage of at least 200 municipalities, communes or township districts with fewer than 50,000 residents, in at least 80 districts before the end of:
a) 2012: 50 points b) 2013: 30 points c) 2014 or later: 0 points
2) cover at least 50 % of population coverage in the tender area at concurrent coverage of at least 400 municipalities, communes or township districts with fewer than 50,000 residents, in at least 160 districts before the end of:
a) 2014: 50 points b) 2015: 30 points c) 2015 or later: 0 points
2.4.3. The maximum number of points which can be obtained for this criterion is 100
(say: a hundred).
2.5 Final evaluation of offers
2.5.1. Final scoring for the offer is the total amount of points awarded in stage II (awarded for each criterion), calculated according to the following formula:
P = P1 + P2 +P3 + P4
where
P – total score awarded in stage II
P1 – evaluation in points computed according to 2.1.1. P2 – evaluation in points computed according to 2.2.3. P3 – evaluation in points computed according to 2.3.2. P4 – evaluation in points computed according to 2.4.2. Value P shall be calculated to three decimal points.
2.5.2. The maximum number of points which can be obtained in the tender is 750
(say: seven hundred and fifty).
3. The qualifying minimum
The qualifying minimum – the minimum total score which the offer should reach for the entity submitting the offer to be taken into consideration in selecting the winner.
Appendix 2 Offer template
Urząd Komunikacji Elektronicznej ul. Kasprzaka 18/20
01-211 Warszawa
The tender guarantee for exclusive frequency licence
in the band of 2010 - 2025and 2500 - 2690 MHz".
Section 1. Representations and obligations.
Tenderer name:
Address: Mailing address:
Account number to return tender guarantee to:
Taking into consideration the tender for exclusive frequency licence announced by the President of UKE on 23 June 2008, acting for and on behalf ... 1, I hereby place an offer for 18 exclusive frequency licences all over the country to be used for provision of services in the broadband wireless access in mobile service, hereinafter referred to as the "Tender", in line with the subject specified below:
The subject of the tender covers 18 frequency licences, in line with the table below , all over the country, to be used for provision of services in broadband wireless access in mobile services:
DESIGNATION OF LICENCED BLOCK
Frequency bands (MHz)
TECHNICAL TERMS OF USING THE FREQUENCY
FDD1 2500-2505 and 2620-2625 … FDD2 2505 – 2510 and 2625 – 2630 … FDD3 2510 – 2515 and 2630 – 2635 … FDD4 2515 – 2520 and 2635 – 2640 … FDD5 2520 – 2525 and 2640 – 2645 … FDD6 2525 – 2530 and 2645 – 2650 … FDD7 2530 – 2535 and 2650 – 2655 … FDD8 2535 – 2540 and 2655 – 2660 … FDD9 2540 – 2545 and 2660 – 2665 … FDD10 2545 – 2550 and 2665 – 2670 … FDD11 2550 – 2555 and 2670 - 2675 … FDD12 2555 – 2560 and 2675 – 2680 … FDD13 2560 – 2565 and 2680 - 2685 … FDD14 2565-2570 and 2685-2690 … TDD1 2570-2620 … TDD2 2010-2015 …
TDD3 2015-2020 …
TDD4 2020-2025 …
This Offer pertains to: ...
and I hereby declare that I have read the terms of participation in the said tender, the requirements the offer must meet and criteria for offer evaluation specified in the tender documentation. I hereby also represent that all and any documents and information included herein are in line with the actual and legal state of affairs as at the offer submission date.
With regard to participation in tender for and on behalf of ………4 I hereby declare to ∗:
1. start the use of frequencies that are the subject of this tender and begin the commercial offering of the telecommunication services with their use within 18months following the granting of the exclusive frequency licence 5:
2. cover at least 25% of population coverage in the tender area at concurrent coverage of at least 200 municipalities, communes or township districts with fewer than 50,000 residents, in at least 80 districts before the end of6:
end of 2012 end of 2013
end of 2014 or later, i.e. ...
3. cover at least 50% of population coverage in the tender area at concurrent coverage of at least 400 municipalities, communes or township districts with fewer than 50,000 residents, in at least 160 districts before the end of 7:
4 Name of Tenderer.
∗ Pursuant to art. 123. item 1 – of the Telecommunications Law, frequency licences
may be amended or withdrawn, as a result of decision the President of UKE, inter alia, in case of failure to start using the licensed frequencies within 6 months following the declared deadline due to reasons the entity using the frequency licence is responsible for, or in case of failure to execute obligations due to reasons the entity using the frequency licence is responsible for.
5 Duty to start using frequencies and commercial provision of services involving their usage within a
specified period should be performed by offering services provided using own telecommunication radio network.
6 In the table cross X the expected date of reaching the 30% population coverage in the tender area,
and at least 200 municipalities, communes and township districts of fewer than 50,000 residents in at least 80 districts and fill in another declared date of reaching coverage over the dotted line.
2014 2015
4. pay the following to the State Treasury:
a) minimum one-off fee9 for exclusive frequency licence amounting to (depending on the subject matter of the offer, in line with Appendix 3 to the tender documentation):
PLN
(say: Polish zlotys),
b) the amount, which ... 10declares over minimum lump sum payment for obtaining frequency licences, totalling:
5. pay a one-off fee for exclusive frequency licence in amount declared in this offer placed in the tender within 14 days as of the date of reception of decision, on the bank account of UKE handled by NBP O/O/ Warsaw 75 1010 1010 0060 4422 3100 0000;
61 allocate 20% of frequency in the band of 2570 - 2620 MHz obtained during the tender this offer pertains to, to provide a free-of-charge access to the Internet, without prejudice to the following terms:
- personal identification of user accessing the network - monthly limit of sent data per user (500 MB),
9 The amount of one-off fee for exclusive frequency licence is a total of the minimum
one-off fee for exclusive frequency licence and amount which the Tenderer declares to pay in excess of the minimum one-off fee for the licence.
The minimum one-off fee for exclusive frequency licensed calculated in line with article 185, paragraph 4 of the Telecommunications Law amounts to: PLN 1,000,000.00 (say: one million zlotys), which accounts for 50% of the annual fee for the right to use 25 duplex radio channels in public mobile telecommunication cellular network in the first year of the exclusive frequency licence. The amount the Tenderer declares to pay in excess of the minimum one-off fee for exclusive frequency licence must be given in Polish Zlotys.
If in item b of the obligation an amount in a foreign currency is entered or if this item is not filled out, the Tender Commission shall assume the value of PLN 0 (say: zero zlotys).
Should the Tenderer declare only the minimum fee for exclusive frequency licence, PLN 0 (say: zero) should be entered under item b.
Should a discrepancy occur in item b, between the amount in digits and the amount in words, the Tender Commission shall assume the amount in words.
10Name of Tenderer.
PLN ...
- maximum one-off session (one connection with network) for the user, set at 30 minutes.
The offer, along with Appendices, consists of………… 11numbered pages.
Signature(s) of Tenderer of person(s) authorized to representation
11Here state the number of numbered pages comprising the offer (in words).
Section 2. Legal status of Tenderer, receipt documenting the payment of tender guarantee and receipt confirming the purchase of documentation.
No. 1. Documents confirming the legal form of the Tender Participant.
1) A Tenderer who is a natural person shall submit:
a) a copy of this section of the identity card, which include family name, first names and PESEL registration number;
b) a copy of a certification of entry in the Register of Business Entities if the Tenderer is an entrepreneur;
2) A Tenderer other than a natural person shall submit:
a) a current or full excerpt of the register of entrepreneurs held by the National Court Register;
b) other documents attesting the legal status of the Tenderer, if the Tenderer is not an entrepreneurs not does not have an entry in the National Court Register
c) Contract of Partnership, Statute, Articles of Association or other document specifying the entity’s organisation, as amended, or as a uniform text;
Documents attesting the legal status of the Tenderer in the form of copies of certificates must not be drawn earlier than within 3 months prior to the offer submission date. Should changes of data covered by the copies or certificates appended to documentation occur in period between drawing copies or certificates and placing the offer, additional documents must be submitted, attesting these changes had been made.
No. 2. Original or transcripts of proxies (certified for compliance with the original) granted to persons authorised to represent the Tender Participant.
No. 3. Confirmation of payment of the tender guarantee.
No. 4. Confirmation of making payment for the purchased tender documentation.
Section 3. Financial credibility of the Tenderer.
No. 1. Valid certificate of the suitable branch of the Social Insurance Institution confirming that the Tender Participant is not overdue with payment of contributions for health and social insurance.
The certificate should be issued not earlier than 3 months before submitting the offer.
If the Tenderer is headquartered or residing abroad the Republic of Poland, instead of document specified in item 1 they shall submit document or documents issued in the country of registered
No. 2. Current certificate of a the head of the competent tax office attesting that the Tenderer is not in arrears in payment of taxes and other fees.
The certificate should be issued not earlier than 3 months before submitting the offer.
If the Tenderer is headquartered or residing abroad the Republic of Poland, instead of document specified in item 2 they shall submit document or documents issued in the country of registered headquarters of residence attesting that they are not in arrears with payment of taxes and fees. The certificate should be issued not earlier than 3 months before submitting the offer.
Part 4. Maintaining competitive conditions at the market of services inthe public telecommunications networks.
No. 1. Capital structure of the Tenderer, specifying the % of shares held by individual shareholders.
Under this item the Tenderer shall present own capital structure, specifying the % of shares held by individual shareholders.
No. 2. Graphical diagram of the capital group, which includes the Tender Participant, specifying the nature of capital relations among entities (percentage of shares / equity interests held).
Here the Tenderer shall present a graphical representation of the capital group they belong to, specifying the type of capital relations between the entities (% of shares owned).
A capital group shall be understood as all enterprisescontrolled directly or indirectly by one enterprise, including this enterprise. Control take-over shall be understood as any forms of an enterprise having obtained, directly or indirectly, rights which, severally or jointly, having considered all legal or actual circumstances, allow exerting deciding influence on another enterprise or enterprises. The rights include in particular:
a) having direct or indirect majority of votes at the Meeting or General Meeting of Shareholders or as a pledgee or user, or member of a management board of another enterprise (subsidiary), also under agreements with other individuals,
b) the right to appoint or revoke most members of the Management Board or Supervisory Board of another enterprise (subsidiary) also under agreements with other individuals,
c) members of its Management Board or Supervisory Board are more than half of members of the Management Board of another enterprise (subsidiary),
d) having direct or indirect majority of votes in a subsidiary partnership or at the General Meeting of Shareholders of a subsidiary co-operative, also under agreements with other individuals, e) the right to entire or part of the property of another enterprise (subsidiary),
f) agreement for management of another enterprise (subsidiary) or collecting profit from such enterprise.
item 3. List of telecommunication markets the Tenderer operates on. No. Product/servi ce offer Geographical market (area where products/service s areoffered) Dateof starting business Salesvolume overthelast three years(by each year) presented inunits corresponding to service Revenues from sales of products/service s overthelast
three years(by
each year) % of revenues from sale of goods/services in total revenues Market share in terms of revenue from sales of goods/service s over the last three years (by each year)
Num ber of users over the last three years (by each year) – as at 31 December each year Market share determined based on the number of users over the last three years (by each year) – as at 31 December each year Will the frequencies under the tender be used to provide services on market specified in column 2 in Poland? 1 2 3 4 5 6 7 8 9 10 11
Data concerning revenues should be expressed in Polish Zlotys and in the event that revenues were gained in another currency, converted as at the average exchange rates of NBP as at 31 December.
Item 4 – List of telecommunication markets the Tenderer’s capital group members operate on and shareholders holding at least 10% of votes at the Tenderer’s meeting of shareholders/general meeting of shareholders.
No. Name and headquarters of the entity and capital relations with the Tenderer Product / services market Geographical market (area where products/service s areoffered) Dateof starting business Sales volume over the last three years (by each year) presented in units corresponding to service Revenues from sales of products/servic es over the last three years (by each year) % of revenues from saleof goods/services in total revenues Market share in terms of revenue from sales of goods/service s over the last three years (by each year)
Number of users over the last three years (by each year) – as at 31 December each year Market share determined based on the number of users over the last three years (by each year) - as at 31 December each year Will the frequencies under the tender be used by entity specified in column 2 to provide services on market specified in column 3 in Poland? 1 2 3 4 5 6 7 6 9 10 11 12
The required data should be presented both in reference to Poland and abroad.
Data concerning revenues should be expressed in Polish Zlotys and in the event that revenues were gained in another currency, converted as at the average exchange rates of NBP as at 31 December.
No. 5. Description explaining whether the services provided with the use of frequencies under the tender will be substitutive, complementary or unrelated to the services provided to date.
Here the Tenderer presents a description explaining whether the services provided with the use of frequencies under the tender will be substitutive, complementary or unrelated to the services provided to date.
Substitutive services shall mean such services which are regarded by buyers as replaceable due to their purpose, price and features, including quality.
Complementary services are such services which complement and extend the to-date offer of the operator. In geographical terms, complementary services include also services provided to date which based on the new frequencies could be provided on a wider area.
No. 6. Competitive strategy of the Tenderer on the telecommunication service market on area where the frequencies under the tender will be used.
Here the Tenderer presents competitive strategy on the telecommunication service market on area where the frequencies under the tender will be used, the strategy should define in particular:
a) a list of products/services with regard to which the Tenderer intends to undertake competitive actions,
b) additional information concerning the products/services the Tenderer intends to
provide using the frequencies (in particular in terms of potential introduction of packages, target groups, extra
services);
c) type of competitive actions (in particular whether it will be price, service or competition of other type);
The competitive strategy must tale into consideration the fact that the Tenderer cannot undertake any competition restricting actions specified in Act on Competition and Consumer Protection of 16 February 2007, consisting in particular in prohibited agreements restricting competition and abuse of the dominant market position.
Appendix 2. Technical criteria regarding the use of frequencies that
are the subject of this tender
Introduction
Technical criteria regarding the use of frequency spectrum for the wireless access network for the purposes of provision of telecommunication services have been determined based on the current technical standards and decisions and international recommendations.
In the case of band 2010 - 2025 MHz the Decision no. ECC/DEC/(06)01 dated 26 March 2006 on the harmonised utilisation of spectrum for terrestrial IMT- 2000/UMTS systems operating in bands 1900-1980 MHz, 2010-2025 MHz and 2110-2170 MHz
has been taken into account. The acceptable out-of-block emission levels (spectrum emission masks) have been determined based on the applicable 3GPP standards (3GPP TS 25.105, 3GPP TS 25.106, 3GPP TS 34.122).
The technical terms for spectrum use for band 2500 – 2690 MHz are based on framework requirements and channel plans defined in ECC/DEC/(05)05 Decision of 18 March 2006 on the harmonised utilisation of spectrum for IMT-2000/UMTS
operating within the band 2500 – 2690 MHz and in draft Report from CEPT to the
European Commission in response to the Mandate Report 019 to develop least restrictive technical conditions for frequency bands addressed in the context of
WAPECS. The report contains technical terms and guidelines regarding base and
terminal stations operating in the band of 2500–2690 MHz, which will provide proper management of risks of harmful interferences in individual countries or beyond, without imposing the use of any specific technology, based on the parameters of the most probable use of the band. Moreover, in line with Report 019, Commission Decision of 13 June 2008 on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services
in the Community (2008/477/EC) introduced the notion of "Block Edge Masks"
(BEM), which means technical parameters that apply to the entire block of spectrum of a specific user, irrespective of the number of channels occupied by the user's chosen technology. They cover both emissions within the block of spectrum (i.e. in- block power) as well as emissions outside the block (i.e. out-of-block emission). They are regulatory requirements aimed at managing the risk of harmful interference between neighbouring networks.
The current criteria regarding the use of frequency spectrum should ensure coexistence of various applications in neighbouring frequency spectrums without any interferences. Moreover, the application of basic framework conditions provided by applicable decision of CEPT and the Commission will allow to build necessary foundations for effective and free of interference use of available spectrum both on the national and international levels.
Frequency band of 2010 – 2025 MHz
Technical criteria of use of the frequency for base stations operating in TDD mode in frequency band of 2010 - 2025 MHz
A) Acceptable levels of out-of-block emissions
The acceptable levels of out-of-block emissions in base stations of maximum output power of P ≥ 43 dBm: Frequency offset against 3 dB point of drop in measurement filter characteristic, ∆f Frequency offset against the medium frequency of the measurement filter, foffset
Maximum level Measurement band
width 2.5 MHz ≤∆f < 2.7 MHz 2.515 MHz ≤ foffset < 2.715 MHz -14 dBm 30 kHz 2.7 MHz ≤∆f < 3.5 MHz 2.715 MHz ≤ foffset < 3.515 MHz −14dBm-15⋅MHzfoffset −2,715dB 30 kHz (see note 1) 3.515 MHz ≤ foffset <
4.0 MHz
-26 dBm 30 kHz
3.5 MHz ≤∆f ≤∆fmax 3.5 MHz ≤ foffset < foffset max
-13 dBm 1MHz
The acceptable levels of out-of-block emissions in base stations of maximum output power of 39 ≤ P < 43 dBm: Frequency offset against 3 dB point of drop in measurement filter characteristic, ∆f Frequency offset against the medium frequency of the measurement filter, foffset
Maximum level Measurement band
width 2.5 MHz ≤∆f < 2.7 MHz 2.515 MHz ≤ foffset < 2.715 MHz -14 dBm 30 kHz 2.7 MHz ≤∆f < 3.5 MHz 2.715 MHz ≤ foffset < 3.515 MHz −14dBm-15⋅MHzfoffset −2,715dB 30 kHz (see note 1) 3.515 MHz ≤ foffset <
4.0 MHz -26 dBm 30 kHz 3.5 MHz ≤∆f < 7.5 MHz 4.0 MHz ≤ foffset < 8.0 MHz -13 dBm 1 MHz 7.5 MHz ≤∆f ≤ fmax 8.0 MHz ≤ foffset < foffset max P - 56 dB 1 MHz
The acceptable levels of out-of-block emissions in base stations of maximum output power of 31 ≤ P < 39 dBm:
Frequency offset against 3 dB point of drop in measurement filter characteristic, ∆f Frequency offset against the medium frequency of the measurement filter, foffset
Maximum level Measurement band
width 2.5 MHz ≤∆f < 2.7 MHz 2.515 MHz ≤ foffset < 2.715 MHz P - 53 dB 30 kHz 2.7 MHz ≤∆f < 3.5 MHz 2.715 MHz ≤ foffset < 3.515 MHz P−53dB-15⋅MHzfoffset −2,715dB 30 kHz (see note 1) 3.515 MHz ≤ foffset <
4.0 MHz P - 65 dB 30 kHz 3.5 MHz ≤∆f < 7.5 MHz 4.0 MHz ≤ foffset < 8.0 MHz P - 52 dB 1 MHz 7.5 MHz ≤∆f ≤ fmax 8.0 MHz ≤ foffset < foffset max P - 56 dB 1 MHz
The acceptable levels of out-of-block emissions in base stations of maximum output power of P < 31 dBm: Frequency offset against 3 dB point of drop in measurement filter characteristic, ∆f Frequency offset against the medium frequency of the measurement filter, foffset
Maximum level Measurement band
width 2.5 MHz ≤∆f < 2.7 MHz 2.515 MHz ≤ foffset < 2.715 MHz -22 dBm 30 kHz 2.7 MHz ≤∆f < 3.5 MHz 2.715 MHz ≤ foffset < 3.515 MHz −22dBm-15⋅MHzfoffset −2,715dB 30 kHz (see note 1) 3.515 MHz ≤ foffset <
4.0 MHz -34 dBm 30 kHz 3.5 MHz ≤∆f < 7.5 MHz 4.0 MHz ≤ foffset < 8.0 MHz -21 dBm 1 MHz 7.5 MHz ≤∆f ≤ fmax 8.0 MHz ≤ foffset < foffset max -25 dBm 1 MHz
∆f - separation between the carrier frequency and the nominal (closest to carrier frequency) 3 dB point of drop in measurement filter characteristics
foffset – separation between the carrier frequency and medium frequency of the measurement
filter
foffset max – the higher of two values: 12.5 MHz or offset of the medium frequency of the
measurement filter from the closer edge of the broadcast band ∆fmax = (foffset max – half of measurement filter bandwidth)
note 1: this frequency band assures the continuity of the value of the foffset parameter
Technical criteria of use of the frequency for terminal stations operating in TDD mode in frequency band of 2010 - 2025 MHz
A) Acceptable levels of out-of-block emissions
Acceptable levels of out-of-block emissions in terminal stations:Separation between the carrier frequency and medium
frequency of the measurement filter, ∆f
Minimum requirement
(see note 2) Measurement band width
2.5 MHz ≤∆f < 3.5 MHz 2,5
[ ]
dBc MHz f 15 -35 ∆ − ⋅ − 30 kHz 3.5 MHz ≤∆f < 7.5 MHz 3,5[ ]
dBc MHz f 1 -35 ∆ − ⋅ − 1 MHz 7.5 MHz ≤∆f < 8.5 MHz 7,5[ ]
dBc MHz f 15 -39 ∆ − ⋅ − 1 MHz 8.5 MHz ≤∆f ≤ 12.5 MHz -49 dBc 1 MHznote 2: lower boundary value of minimal requirements is the higher of the two values: -50 dBm/3.84 MHz or value specified in the table
B) Acceptable e.i.r.p. level
Acceptable e.i.r.p. level for one channel is 24 dBm.
Technical criteria of use of the frequency for base and terminal stations operating in TDD and FDD mode in frequency band of 2500 - 2690 MHz
A) General criteria
1) The assigned blocks shall be in multiple of 5.0 MHz.
2) Within the band 2500–2690 MHz, the duplex spacing for FDD operation shall be 120 MHz with terminal station transmission (up link) located in the lower part of the band starting at 2500 MHz (extending to a maximum limit of 2570 MHz) and base station transmission (down link) located in the upper part of the band starting at 2620 MHz.
3) The sub-band 2570–2620 MHz can be used by TDD or other usage modes complying with the BEMs specified below. Outside of the sub-band 2570–2620 MHz such usage can be decided at national level and shall be in equal parts in both the upper part of the band starting at 2690 MHz (extending downwards) and the lower part of the band starting at 2570 MHz (extending downwards).
4) to ensure compatibility it is necessary to provide separation of 5 MHz between the boundaries of frequency blocks used in unrestricted operation in duplex mode with TDD and FDD or in the case of two unsynchronised networks operating in TDD. Such separation may only be used in line with the restricted BEM parameters, when it is adjacent to the FDD block (uplink) or is located between two TDD blocks, or, by its use in line with restricted or unrestricted BEM, when it is adjacent to the FDD block (downlink).
B) Unrestricted BEM for base stations
The BEM for an unrestricted spectrum block is built up by combining Tables 1, 2 and 3 in such a way that the limit for each frequency is given by the higher value out of the baseline requirements and the block specific requirements.
are received bandwidth) Frequencies allocated to FDD down link and ± 5
MHz outside the range of frequency blocks allocated to FDD down link
+ 4 dBm/MHz Frequencies in the band 2500-2690 MHz not
covered by the definition above – 45 dBm/MHz
Table 2 - Block specific requirements — Base Station in-block e.i.r.p. BEM
Maximum in-block e.i.r.p. + 61 dBm/5 MHz
Table 3 - Block specific requirements — base station out-of-block e.i.r.p. BEM
Offset from relevant block edge Maximum mean e.i.r.p.
Start of band (2500 MHz) to – 5 MHz (lower edge)
Baseline requirement level
– 5,0 to – 1,0 MHz (lower edge) + 4 dBm/MHz – 1.0 to – 0.2 MHz (lower edge) + 3 + 15(∆F + 0,2) dBm/30 kHz – 0.2 to 0.0 MHz (lower edge) + 3 dBm/30 kHz 0.0 to + 0.2 MHz (lower edge) + 3 dBm/30 kHz + 0.2 to + 1.0 MHz (upper edge) + 3 – 15(∆F – 0,2) dBm/30 kHz + 1,0 do + 5,0 MHz (upper edge) + 4 dBm/MHz
+ 5,0 MHz (upper edge) to end of band (2690
MHz) Baseline requirement level
Where: ∆F is the frequency offset from the relevant block edge (in MHz)
C) Restricted BEM for base stations
The BEM for a restricted spectrum block is built up by combining Tables 1 and 4 in such a way that the limit for each frequency is given by the higher value out of the baseline requirements and the block specific requirements.
Table 4 - Block specific requirements — base station in-block e.i.r.p. BEM for restricted block
Maximum in-block e.i.r.p. + 25 dBm/5 MHz
D) Restricted BEM for base stations with restrictions on antenna
placement
In cases where antennas are placed indoors or where the antenna height is below a certain height, a Member State may use alternative parameters in line with Table 5, provided that at geographical borders to other Member States Table 1 applies and that Table 4 remains valid nationwide.
Table 5 - Block specific requirements — base station out-of-block e.i.r.p. BEM for restricted block with additional restrictions on antenna placement
Offset from relevant block edge Maximum mean e.i.r.p. Start of band (2500 MHz) to – 5 MHz (lower
edge) – 22 dBm/MHz – 5.0 to – 1.0 MHz (lower edge) – 18 dBm/MHz – 1.0 to – 0.2 MHz (lower edge) – 19 + 15(∆F + 0,2) dBm/30 kHz – 0.2 to 0.0 MHz (lower edge) – 19 dBm/30 kHz 0.0 to + 0.2 MHz (upper edge) – 19 dBm/30 kHz + 0.2 do + 1.0 MHz (upper edge) – 19 – 15(∆F – 0,2) dBm/30 kHz + 1.0 to + 5.0 MHz (upper edge) – 18 dBm/MHz
+ 5.0 MHz (upper edge) to end of band (2690 MHz)
– 22 dBm/MHz
Where: ∆F is the frequency offset from the relevant block edge (in MHz)
E) Limits for terminal stations
Table 6 - In-block power limits for terminal stations
Maximum mean power (including Automatic Transmitter Power Control (ATPC) range)
Total radiated power (TRP) 31 dBm/5 MHz
e.i.r.p. 35 dBm/5 MHz
Note: E.i.r.p. should be used for fixed or installed terminal stations and the TRP should be used for the mobile or nomadic terminal stations. TRP is a measure of how much power the antenna actually radiates. The TRP is defined as the integral of the power transmitted in different directions over the entire radiation sphere.
