Winner of the tender for the a general exclusive frequency licence in the 2570-2620 MHz frequency range, Aero 2 Sp. z o.o. with its seat in Warsaw, Chałubińskiego 8 Str., received frequencies to build a nationwide broadband wireless Internet access network, with at least 20 percent of the network capacity intended for the "free Internet".
Following a tender announced by the President of UKE on 21 May 2009, the subject of which was the general exclusive frequency licence in the 2570-2620 MHz frequency range for use throughout the country and for the provision of telecommunications services in broadband wireless access networks, within mobile service, the President of UKE by her decision of 10 November granted the licence to Aero 2 Sp. z o.o. with its seat in Warsaw.
Aero 2 Sp. z o.o. received a block of frequencies in the frequency range where communication (transmission and reception) between the base station and a user's terminal is in the same range of frequencies (the so-called TDD - Time Division Duplex mode).
In accordance with the decision the frequencies granted as a result of the tender, may be used until 31 December 2024, throughout the country in the mobile radiocommunication service, within the public telecommunications network for the provision of telecommunications services, in the broadband wireless access networks.
According to the obligations arising from the tender, Aero2 Sp. z o.o. is obliged to:
1. Begin to use the frequencies subject to the tender and begin to offer commercially the services based on these frequencies no later than 18 months as of granting the frequency licence.
2. Accomplish in the area subject to the tender the threshold of 25% population coverage, while simultaneously locating at least one base station in each of at least 200 rural or urban-rural municipalities, or not further than 4 km from the border of the rural municipality, not later than the end of 2012.
3. Accomplish in the area subject to the tender the threshold of 50% population coverage, while simultaneously locating at least one base station in each of at least 400 rural or urban-rural municipalities, or not further than 4 km from the border of the rural municipality, not later than the end of 2014.
4. Provide, in the period from the beginning of the frequency usage up to the 36 months from the accomplishment in the area subject to the tender the threshold of 50% population coverage, free of charge public access to the Internet with the use of at least 20% of network capacity, operating within the frequency range of 2570-2620 MHz, subject of the aforementioned tender.
It is assumed that the obligation to use at least 20% of the capacity of the range of 2570-2620 MHz in order to ensure free and universal Internet access refers to access through an open network and providing this access to an undetermined number of recipients, similarly to the currently active WiFi hotspots across the whole area of the network operation; additionally Aero Sp. z o.o. obliges itself to fulfil the following conditions:
a. the provision of paid services by means of the frequencies assigned by this decision can take place only on condition that simultaneously free and universal access to Internet will be ensured in the same area and at the same time,
b. if, temporarily, the demand for free access to Internet does not reach 20% of the capacity of networks operating in the 2570 - 2620 MHz frequency range assigned by this decision, then the entity using these frequencies will be allowed, in the same period, to increase the capacity used for the provision of paid services on condition that the utilized traffic management system automatically and without delay reassigns more capacity, up to the 20% capacity threshold for traffic available free of charge, should the demand for free access go up again.
c. introduce and maintain a mechanism for network traffic management, ensuring that:
5. ensuring free and universal access to Internet by using at least 20% of the capacity of the networks operating in the frequencies of up to 1 GHz, being at the disposal of the tenderer, meeting the target of 75% of population coverage within 36 months of the launch of frequency operation.
6. making a one-off payment for a general exclusive frequency licence, declared in the tender offer submitted by the tenderer, which is PLN 20 mln within 14 days of the day on which this decision was delivered, to the bank account of the Office of Electronic Communications.