S.L. 399.48 чл. 23Peer review process.

(1) Where the Authority intends to undertake a selection procedure in accordance with regulation 42(2) and (3) in relation to radio spectrum for which harmonised conditions have been set by technical implementing measures in accordance with Decision No 676/ 2002/EC in order to enable its use for wireless broadband networks and services, it shall, pursuant to article 23 of the Electronic Communications Code, inform the RSPG about any draft measure which falls within the scope of the comparative or competitive selection procedure pursuant to regulation 42(2) and (3) and indicate whether and when it shall request the RSPG to convene a Peer Review Forum.

(2) When the RSPG convenes a peer Review Forum, the Authority shall provide an explanation on how the draft measure:

(a) promotes the development of the internal market, the cross-border provision of services, as well as competition, and maximises the benefits for the consumer, and overall achieves the objectives set in articles 4 and 37 of the Act, regulations 32 and 33, as well as in Decisions No 676/2002/EC and No 243/2012/EU;

(b) ensures effective and efficient use of radio spectrum; and

(c) ensures stable and predictable investment conditions for existing and prospective radio spectrum users when deploying networks for the provision of electronic communications services which rely on radio spectrum.

(3) The Authority may following the Peer Review Forum:

(a) request the RSPG to adopt a report on how the draft measure achieves the objectives provided in sub-regulation (2), reflecting the views exchanged in the Peer Review Forum; and

(b) request the RSPG to adopt an opinion on this draft measure.