LAWON ELECTRONIC COMMUNICATIONS ("Off. Herald of the RS", No. 35/2023) |
Article 1
This Law shall govern the following: conditions and manner of conducting activities in the sector of electronic communications; powers of the government authorities in the field of electronic communications; status and operation of the Regulatory Authority for Electronic Communications and Postal Services; conducting of public consultations; performing electronic communications activities according to the general authorization regime; planning, designing, construction or installation, use and maintenance of electronic communications networks, associated facilities, electronic communications equipment, radio equipment and terminals; right of servitude and shared use; interconnection and access; universal service provision; identification of markets susceptible to ex-ante regulation; market analysis; identification of a commercial entity with significant market power and the competencies of the Regulatory Authority for Electronic Communications and Postal Services in relation to the commercial entity with significant market power; management and use of addresses and numbers; radiofrequency spectrum management, use and monitoring; media content distribution; protection of end user rights; security and integrity of electronic communications networks and services; supervision over the implementation of this Law; measures in case of conduct contrary to the provisions of this Law, as well as other issues of relevance to the functioning and development of electronic communications in the Republic of Serbia.
Article 2
The provision of public electronic communication networks and services, spatial planning, construction, maintenance, development and use of electronic communication networks and associated assets, as well as the management and use of radio frequency spectrum and numbering, which represent naturally limited public goods, shall be of special interest to the Republic of Serbia.
Article 3
The provisions of this Law shall not apply to electronic communication networks for special purposes, save for provisions related to the use of radio frequency spectrum for special purposes and special cases of interconnection of electronic communication networks for special purposes and public electronic communication networks.
The provisions of this Law shall not relate to the content of the service that is provided through electronic communication networks by using electronic communication services.
Article 4
Individual terms used in this Law shall have the following meaning:
1) Address is a sequence of signs, letters, digits and signals intended to determine the destination of a connection;
2) Application programming interface (API) is a software interface between the applications of media content providers and devices for receiving that content, as well as means in advanced digital equipment for digital radio and television services;
3) The end user indebtedness database is the service provider's database about the solvency of end users, i.e. a database that, in the sense of this Law, contains data on the total amount, type and timeliness in fulfilling of obligations by the natural and legal persons, collected by a separate person in accordance with the law on protection of users of financial services, including data on end users upon conclusion of the user agreement;
4) Electronic communication networks and services security represents the ability of electronic communication networks and services to be protected, up to a certain level, from any action that threatens the availability, authenticity, integrity or confidentiality of these networks and services, of stored, transferred or processed data or of connected services that those electronic communication networks or services offer or to whom they enable access;
5) A security incident is an event that has negative impact on the security of electronic communication networks or services;
6) Numbers are series of digits used for addressing in electronic communications networks;
7) Geographic number is a number from the national Numbering Plan, where part of its digit structure contains geographic significance used for directing calls to the physical location of the network termination point;
8) A voice communication service is a publicly available electronic communication service for, direct or indirect, forwarding and receiving of national, i.e. national and international calls via one or more numbers from the national or international numbering plan;
9) Electronic communications activity includes provision of public electronic communications networks and associated facilities, and/or publicly available electronic communications services;
10) Shared access to a local loop implies allowing that a certain part of the capacity of the local loop or local sub-loop (e.g. a certain frequency range) of a business entity with significant market power be used by another business entity;
11) Distribution of media content includes the transfer of media content to the end user;
12) Electromagnetic compatibility is the ability of a device or system to function in satisfactory manner in its electromagnetic environment without causing harmful electromagnetic interference to other devices or systems in that environment;
13) Electronic communications network represents the systems of transmission and, depending of application, devices for switching or routing and other resources, including passive network elements, which enable the transfer of signals by wire, radio, optical or other electromagnetic means, including satellite networks, stationary (with circuit and packet switching, including Internet) and mobile networks, parts of electric power cable systems used for signal transmission, networks used for distribution of media content which include terrestrial radio and television broadcasting networks and cable television networks, regardless of the type of transmitted data and information;
14) Special-purpose electronic communication network is an electronic communication network of defense and security authorities, state administration authorities responsible for protection and rescue, as well as emergency intervention services (hereinafter: emergency intervention services), which is used for the purposes for which the stated authorities were established, it is not used for commercial purposes and it is not made available to third parties;
15) Electronic communication equipment is equipment used for the performance of electronic communication activities;
16) Electronic communication service is a service which, as a rule, is provided for a fee via electronic communication networks and includes internet access service, communication service between persons and a service consisting in whole or in large part of signal transmission, including the service of distribution of media content and the service of communication between machines, but does not include the service of producing media content or exercising editorial control over media content transmitted via electronic communication networks and services;
17) Effective competition is the situation on the relevant electronic communications market when there are no economic entities with significant market power;
18) Communication between machines is the automated implementation of data transfer between devices;
19) A communication service between persons is a service that is, as a rule, provided for a fee and that enables the direct and interactive exchange of information between a limited number of persons via electronic communication networks, where the persons requesting the communication or participating therein, specify one or more recipients, but does not include a service that enables person-to-person communication and interactive communication only as a minor ancillary function that is essentially related to another service;
20) Electronic message is any textual, voice, sound or image recording, sent over a public communication network, which can be stored in the network or in the recipient's terminal equipment until the recipient downloads it or accesses it;
21) Electronic program guide is a service added to the digital transmission of media content, which enables the end user to conduct a simple search of the offered media content and services;
22) Shared use of the radio frequency spectrum is access to the same radio frequency bands by two or more users, based on an agreement on shared use, which is made possible on the basis of a general authorization, an individual permit for the use of radio frequencies or a combination thereof, including regulatory approaches such as a shared access based on a permit that aims to facilitate the shared use of the radio frequency range, and on the basis of a binding contract involving all participating parties, in accordance with the rules for shared use established in the individual permit for the use of radio frequencies, in order to guarantee all users predictable and reliable shared use agreements, without prejudice to the application of competition law;
23) Misuse of electronic communications is any behavior contrary to the purpose of the concluded contract on the provision of a public electronic communication service, i.e. a network, which causes material or non-material damage to the other contracting party;
24) Internet is a global electronic communication system made up of a large number of interconnected electronic communication networks and devices which exchange data using a common set of communication protocols;
25) Interoperability is the ability of two or more systems or parts thereof to exchange data and use the data that has been exchanged;
26) Interface is a physical or logical connection between two or more devices, two or more parts of the same device, or a transmission medium, defined by functional characteristics, signal characteristics or other appropriate characteristics;
27) Public communications network is an electronic communications network which is completely or mostly used for the provision of publicly available electronic communications services, enabling data transmission between network termination points;
28) Public electronic communication service is an electronic communication service that is publicly available on a commercial basis;
29) Public payphone is a publicly available telephone the use of which is chargeable;
30) Cable channeling is a part of the equipment of the electronic communication network, which consists of a network of cable pipes and ducts, and which is used for the installation and protection of the cables of the electronic communication network;
31) Class of radio equipment is a class that includes individual categories of radio equipment that are considered similar, as well as those radio interfaces for which the radio equipment is designed;
32) Co-location is a service of offering physical space and technical resources at a certain location, necessary for the accommodating and connecting the electronic communications equipment of operators;
33) Communication designates the exchange or transfer of information between a certain number of parties through publicly available electronic communication services, with the exception of information which are transmitted as part of media content distribution services via electronic communication networks and which cannot be connected to a specific end user, i.e. recipient;
34) Communication service among persons based on the use of numbering is a communication service between persons which is connected to a publicly assigned numbering, i.e. a number or numbers from a national or international numbering plan, or which enables communication with a number or numbers from a national or international numbering plan
35) Communication service among persons which is not based on the use of numbering is a communication service between persons which is not connected to a publicly assigned numbering, i.e. number or numbers from a national or international numbering plan, or which does not enable communication with a number or numbers from a national or international numbering plan;
36) A user is a natural or legal person which uses or requests the use of a publicly available electronic communication service;
37) End user is a user who does not provide user services for public electronic communication network or publicly available electronic communication service;
38) Local loop is a physical circuit that connects a terminal point of the network with the main exchange or equivalent facility in the public stationary electronic communication network;
39) Local sub-loop is a part of the local loop that connects the terminal point of the network with the main distributor or a certain access point in the public stationary electronic communication network;
40) The retail price of the terminal equipment is the price at which the end user can buy the terminal equipment, without the obligation to conclude a user contract;
41) Media content is a program content which, when distributed via electronic communication networks, is provided to users as audiovisual media services and radio media services;
42) Interconnection is a special type of access achieved between operators, which establishes a physical and logical connecting of public electronic communication networks, in order to enable users of the services of one or more business entities to communicate with each other, i.e. to access services provided by other business entities or third parties who have access to the network;
43) Access network is a public electronic communication network that ensures the transmission of electronic communication signals between the established locations from which electronic communication services are provided to end users and the terminal points of the network at the locations of end users;
44) A high-capacity network is an electronic communication network that enables the provision of broadband access services with flows of at least 30 Mbit/s;
45) A very high-capacity network is an electronic communication network that consists entirely of optical elements at least up to the dividing point at the end location or an electronic communication network, which under normal conditions, at maximum load, can achieve similar network parameters in terms of available bandwidth (download, upload), resistance, parameters related to transmission errors and delay (latency) and its variations; network parameters can be considered similar regardless of whether the end-user experience changes due to different properties of the transmission medium that connects the network to the network terminal point;
46) Multiplex is a standardized signal stream used for digital broadcasting, which includes radio and television programs, as well as other data;
47) The most appropriate reception point for emergency communication is the reception point for emergency communication that the competent bodies have determined in advance for receiving communication sent to emergency services in a certain area or for emergency communication of a certain type;
48) The purpose of the radio frequency spectrum is the determination of the purpose of a certain radio frequency range, if applicable, for use by one or more types of radio communication services, under established conditions;
49) Advanced equipment for digital television is a device used to connect to a television receiver or an integrated digital television receiver, which can receive digital interactive television services;
50) Non-geographic number is a number from the national Numbering Plan that is not geographical, and includes, among other things, numbers in the mobile network, numbers of free call services and numbers of services with added value;
51) Operator is an entity providing or is authorized to provide public electronic communication networks or related means;
52) Electronic communication network operator for the distribution of media content is an entity providing, or is authorized to provide, an electronic communication service involving distribution of media content;
53) Multiplex operator is an entity providing or is authorized to provide an electronic communication service for the establishment and management of a multiplex;
54) General authorization is a legal framework that ensures the rights to provide electronic communications networks or services and establishes special obligations that are applicable to all or certain types of electronic communication networks and services, in accordance with the provisions of this Law;
55) Defense and security authorities are state administration authorities responsible for defense and internal affairs, the Serbian Armed Forces and the security services of the Republic of Serbia;
56) Related services are services connected to an electronic communication network or an electronic communication service, which enable or support the provision of services, independent provision or automated provision of services through that network or service, or have such a possibility, and include, among other things, services of the system of number translation or the system with equivalent functionality, the system of conditional access and electronic program guide, as well as other services, such as services for establishing identity, location and presence;
57) Preferential price of terminal equipment is the price at which the end user can buy terminal equipment under preferential conditions, when concluding a user contract for a certain period of time;
58) Breach of personal data is any breach of data security that leads to unintentional or illegal destruction, loss, alteration, unauthorized disclosure of personal data or access to personal data that are transmitted, stored or otherwise processed in connection to the provision of publicly available electronic communication services;
59) Caller location data are data from the network infrastructure or from mobile devices that are processed in public mobile electronic communication networks, and which show the geographical location of the end user's mobile terminal equipment and data about the physical address of the terminal point of the network in public stationary electronic communication networks;
60) Traffic data refer to personal data that are processed during the transmission and billing of the communication within an electronic communication network;
61) A call is a connection, established through a publicly available electronic communication service between persons, which enables two-way voice communication;
62) Completely unbundled access to local loop means giving the full capacity of the local loop or local sub-loop of a business entity with significant market power to another business entity to use it;
63) Consumer is a natural person using or requesting the use of a publicly available electronic communication service for personal needs, which are not related to the performance of a business activity, profession or craft;
64) Number portability is the ability of the end user to change the operator of electronic communication services, without changing the user number;
65) Ex-ante regulation refers to the determination of special conditions under which business entities with significant market power perform the activity of electronic communications in order to ensure the development of competition on the market;
66) Emergency communication reception point is a physical location where emergency communication is first received within the competent body or organization, designated in accordance with special regulations;
67) Associated means include related services, line and other physical infrastructure, as well as other means or elements connected to an electronic communication network or an electronic communication service, which enable or support the provision of services through that network or service, or can be used for those purposes, including, but not limited to, buildings or entrances to buildings, cable ducts and communication installations in buildings, antennas, towers and other supporting structures, cable pipes and canals, poles, manholes and distribution cabinets;
68) Access implies enabling the availability of means or services to business entities under established conditions, either on an exclusive or non-exclusive basis, for the purpose of providing electronic communication services, including electronic communication services through which information society services are provided or media content is transmitted; includes, among other things: access to network elements and associated means, which may also include equipment connection via stationary or mobile means (especially access to the local loop and the means and services necessary for the provision of services via the local loop), access to physical infrastructure (including access to buildings, cable ducts and antenna poles), access to appropriate software systems (including access to operational support systems), access to information systems and databases for booking, provision, ordering, maintenance, repairs and invoicing, access to number translation systems or systems with equivalent functionality, access to stationary and mobile networks (especially for roaming purposes), access to conditional access systems for digital television services, as well as access to virtual network services;
69) Business entity is a person that performs the activity of electronic communications;
70) Service provider is a person providing publicly available electronic communication services;
71) Provision of electronic communication networks includes the establishment, operation, control and ensuring the availability of these networks;
72) Radio interface is a connection between a mobile station and radio equipment in the network, defined by functional characteristics, interconnection characteristics and other appropriate characteristics;
73) Radio equipment is an electrical or electronic product that intentionally emits and/or receives radio waves for the purpose of radio communication and/or radio determination, or an electrical or electronic product that must be furnished with auxiliary equipment, such as an antenna, to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radio determination;
74) Radio frequency band is a part of the radio frequency spectrum determined by the limit radio frequencies;
75) Radio frequency spectrum is part of the electromagnetic spectrum that refers to radio frequencies below 3000 GHz;
76) Radio station is one or more transmitters or receivers or a combination of transmitters and receivers, including associated equipment, needed in one place to perform radio communication service or radio astronomy service;
77) Radio local area network (RLAN) is a low-power, short-range wireless access system with a low risk of interference with other such systems in the vicinity and which uses the harmonized radio frequency spectrum on a non-exclusive basis;
78) Unbundled access to the local loop refers to full unbundled access to the local loop and shared access to the local loop, whereby there is no change in ownership of the local loop;
79) Conditional access system is any technical measure, authentication system and/or solution that enables access to protected media content in an understandable form with the condition of paying a subscription or other form of previous individual authorization;
80) Terminal equipment is a product, i.e. component thereof, which is used, in whole or in part, for the provision of electronic communication services, and is connected, directly or indirectly, by any means, to the interfaces of public electronic communication networks;
81) Network terminal point is a physical point at which the end user gains access to a publicly available electronic communication network, and in networks that use switching or routing, it is uniquely determined by the network address, which can be linked to a number or name of the end user;
82) Permanent data carrier is a means that allows the end user to store information sent to him personally and to access them later during the appropriate time for the purposes for which that information is intended and that allows unchanged reproduction of the stored information;
83) Full conversation service is a multimedia communication in real time that enables two-way symmetrical transmission of video, text and speech between users at two or more locations in real time;
84) Internet access service is a publicly available electronic communication service that enables access to the Internet and thus connection to almost all endpoints of the Internet, regardless of the network technology and terminal equipment used;
85) Universal service represents a set of electronic communication services of a certain scope and quality, which are available to all end users in the territory of the Republic of Serbia, regardless of geographic location, at affordable prices;
86) Harmonized radio frequency spectrum is a radio frequency spectrum for which harmonized conditions regarding availability and efficient use have been determined by harmonized technical measures of the European Commission, in accordance with the relevant decision of the European Union on the regulatory framework for radio frequency spectrum policy;
87) Value-added service is a service provided through public communication networks and services using special numbers or codes from the numbering plan that are charged in a special way, and for the purpose of obtaining pre-determined additional content and/or services;
88) Emergency communication is communication through communication services between persons, namely between the end user and the receiving point of emergency communication with the aim of requesting or receiving rapid assistance from emergency services;
89) Emergency service is a service that, in accordance with special regulations, provides immediate and quick assistance in cases where life or health, health and safety of an individual or the public, private or public property or the environment are directly threatened;
90) Harmful interference is interference that threatens the operation of the radio-navigation service or other security services, or otherwise seriously degrades, disrupts or repeatedly interrupts the radio communication service that operates in accordance with applicable international and national regulations;
91) Disturbance (interference) is the presence of unwanted signals at the entry point of the receiver of a given radio communication system, as a result of emission, radiation, induction or their combinations produced by other radio communication systems. The presence of interference is manifested by the degradation of signal transmission quality.
All terms used in this Law used in the grammatical masculine gender shall imply the natural masculine and feminine gender of the person to whom they refer.
II COMPETENCES OF THE GOVERNMENT AND MINISTRIES IN THE FIELD OF ELECTRONIC COMMUNICATIONS
Article 5
The Government, upon proposal of the Ministry in charge of telecommunication affairs (hereinafter: the Ministry) shall:
1) Establish a policy in the field of electronic communications guided by the goals and principles of regulating relations in the field of electronic communications;
2) Adopt public policy documents that determine national priorities in planning the construction, installation and provision of public electronic communication networks and services of interest to the Republic of Serbia;
3) More closely regulate and undertake incentive measures for the improvement of the electronic communication market, which are particularly related to: the development of broadband communication infrastructure in rural and underdeveloped areas of the Republic of Serbia, ensuring the provision of public electronic communication networks and services, as well as the manner in which these services are provided, including criteria for implementation of incentive measures, as well as the time period of application of these measures, in a transparent and non-discriminatory manner, and in proportion to the goal and expected results of their implementation, while respecting the principles of state aid control and protection of competition.
The Ministry, in accordance with the law:
1) Shall organize and coordinate the activities of state bodies in the implementation of measures in the realization of policy in the field of electronic communications;
2) Shall, in cooperation with the Regulatory Authority for Electronic Communications and Postal Services (hereinafter: the Regulator), prepare proposals for public policy documents referred to in paragraph 1, item 2) of this Article and coordinate the activities of all holders of individual measures in their implementation;
3) Shall, organize and coordinate the activities of all holders of individual measures in the implementation of incentive measures referred to in paragraph 1, item 3) of this Article;
4) Shall represent the Republic of Serbia in international organizations and institutions in the field of electronic communications and ensure the implementation of ratified treaties and special international agreements on cooperation (memoranda on cooperation, agreements on cooperation, etc.) in the field of electronic communications;
5) Shall undertake measures to encourage investments in the field of electronic communication and the use of information and communication technologies;
6) Shall undertake measures to encourage research and development in the field of electronic communications;
7) May give the Regulator guidelines for the implementation of established principles and goals of the electronic communications development policy, provided that in those guidelines, which must be publicly available, it shall not influence the decision-making by the Regulator in individual cases;
8) Shall monitor the implementation of this Law and the regulations adopted on its basis;
9) Shall perform other tasks in accordance with the goals and principles of regulating relations in the field of electronic communications;
10) Shall contribute to the harmonization of domestic regulations in the field of electronic communications with the corresponding regulations of the European Union;
11) Shall decide on other issues when provided for by this Law.
In the preparation of acts referred to in paragraph 1, items 1) and 2) and paragraph 2, item 2) of this Article, the competent authorities of the autonomous province shall also participate.
Article 6
In carrying out its competences, the Ministry shall act in a timely, transparent, independent, objective, proportional and non-discriminatory manner.
In order to carry out tasks within its jurisdiction, the Ministry can request the submission of the necessary data and information from the business entity, if the Regulator does not have the requested data.
The Ministry's request referred to in paragraph 2 of this Article must be reasoned, proportionate and justified.
The time limit for submitting of necessary data and information referred to in paragraph 2 of this Article cannot be shorter than 15 days from the date of receipt of the Ministry's request.
The Ministry shall handle the submitted data in accordance with the law regulating the protection of trade secret and data confidentiality.
The business entity shall have the right to reject the request referred to in paragraph 3 of this Article, if it considers that it is not reasoned, proportionate and justified. In such case, the business entity shall provide an explanation of the rejection to provide data and information.
III REGULATORY AUTHORITY FOR ELECTRONIC COMMUNICATIONS AND POSTAL SERVICES
Article 7
The regulatory authority for electronic communications and postal services is a national, independent regulatory authority for the performance of regulatory and other tasks within the scope and jurisdiction prescribed by this Law and a special law governing the field of postal services.
In carrying out its regulatory tasks, the Regulator shall act independently, impartially, objectively, transparently, proportionately and without discrimination and shall be authorized to take all necessary and proportionate measures to achieve the goals set forth in paragraph 4 of this Article.
Within its jurisdiction, the Regulator shall ensure the implementation of policies aimed at encouraging freedom of expression and information, cultural and language diversity and media pluralism.
In the course of discharging the regulatory affairs prescribed by this Law, the Regulator shall undertake measures to achieve the following goals:
1) Encouraging connectivity and access to very high-capacity networks, including stationary, mobile and wireless networks, as well as their use by all citizens and business entities in the Republic of Serbia;
2) Protection of competition in the provision of public electronic communication networks and associated means, including efficient infrastructural protection of competition, as well as protection of competition in the provision of public electronic communication services and related services;
3) Development of the market of the Republic of Serbia by removing the remaining obstacles and facilitating convergent conditions for investments in public electronic communication networks and services, associated means and related services, as well as for their provision, with a predictable regulatory approach, effective, efficient and coordinated use of the radio frequency spectrum, innovations, provision, availability and interoperability of services and connectivity between end users;
4) Encouraging the interests of citizens by ensuring connectivity and availability as well as the use of very high-capacity networks, including stationary, mobile and wireless networks, public electronic communication services, by providing the greatest possible benefits in relation to the choice of price and quality based on efficient competition protection, by maintaining the security of networks and services, by ensuring a high level of end-user protection, especially in relation to the affordability of prices, by encouraging the provision of clear information, especially with regard to the publication and transparency of prices and terms of use of public electronic communication services, providing comparable information to end users by operators, solving the needs of special social groups, especially of end users with disability, elderly end users and end users with special social needs, by ensuring choice and equal access for disabled end users, as well as by taking all necessary measures to enable end users access to services and applications.
In order to achieve the goals referred to in paragraph 4 of this Article the Regulator shall act as follows:
1) In cooperation with the Ministry, it shall encourage regulatory predictability by ensuring a consistent regulatory approach during the appropriate review period;
2) It shall prevent discrimination while dealing with operators of public electronic communication networks and services in similar circumstances;
3) It shall encourage effective investments and innovations in new and advanced infrastructure, in a way that ensures that any access obligation covers investment risk, as well as that various cooperation agreements between infrastructure investors and access seekers are enabled in order to distribute the investment risk, at the same time ensuring the protection of competition and compliance with the principle of non-discrimination;
4) In an appropriate manner, it shall take into account the diversity of conditions associated with infrastructure, protection of competition, end users, and especially consumers in different geographical areas, including local infrastructure managed by natural persons on non-profit basis;
5) It shall determine ex-ante regulatory obligations only to the extent necessary to ensure efficient and sustainable protection of competition in the interest of end users, as well as by reducing or canceling those obligations as soon as such condition is fulfilled.
Article 8
The Regulator, established by this Law, is an autonomous regulatory organization that exercises public powers in order to effectively implement the established policies in the field of electronic communications, ensure competition, develop the electronic communications market and protect the interests of end users, in accordance with the provisions of this Law and the regulations adopted on the basis thereof, as well as public powers in order to regulate the market of postal services in accordance with the special law regulating postal services.
The Regulator shall have the status of a legal person, which it acquires by being registered in the court register.
The rights, obligations and work of the Regulator shall be governed by this Law and the law governing the work of public agencies.
In the performance of its duties, the Regulator shall be independent from executive authorities, other state bodies and organizations, as well as from legal and natural persons that perform the activities of electronic communications and postal services and shall dispose of financial resources independently, in accordance with the approved financial plan.
The Regulator shall provide the necessary technical, financial and human resources to carry out the tasks within its jurisdiction.
With regard to the legality of the Regulator's work, expertise, political neutrality, impartiality, use of the official language and script, professional training and competency of employees to perform the entrusted tasks, as well as with regard to office administration, the regulations related to state administration shall apply.
The regulator may, for the purpose of performing certain professional tasks within its competence, hire other domestic or foreign legal and natural persons.
The Articles of Association of the Regulator shall be adopted by the Regulator’s Council with the consent of the National Assembly, and according to the previously obtained opinion of the Government.
Article 9
The Regulator shall, in accordance with the law:
1) Adopt secondary legislation;
2) Decide about the rights and obligations of a business entity and user;
3) More closely prescribe the manner of performing electronic communication activities;
4) Evaluate and monitor the state of the market and competition in connection to the open access to the Internet;
5) Request data and information from a business entity and other persons for the purpose of professional supervision;
6) Render decision regarding the implementation of the ex-ante market regulation, including determination of the obligation of interconnection and access;
7) Designate one or more business entities obliging them to provide some or all services of the universal service, in part or on all of the territory of the Republic of Serbia, taking into account that services of the universal service should be available to all end users in the territory of the Republic of Serbia, regardless of geographic location;
8) Implement procedure for preparation of geographical overview of the reach of electronic communication networks;
9) Calculate the net cost of provision of universal service services and define the method of compensation for excessive costs thereof;
10) More closely prescribe the conditions for the use of the radio frequency spectrum and prepare the Radio frequency range intended use proposal plan and the proposals for plans for the distribution of radio frequencies;
11) Manage the radio frequency spectrum and render decisions regarding the issuance, modification, extension, transfer, renewal, restriction and revocation of an individual permit for the use of the radio frequency spectrum;
12) Prepare and implement the public tender procedure for issuing individual permits for the use of the radio frequency spectrum;
13) Coordinate use of the radio frequency spectrum;
14) Render a decision regarding the obligation to transmit certain media content, at the request of the body responsible for electronic media;
15) Adopt the Numbering Plan;
16) Manage the numbering and render decisions regarding the issuance, extension, transfer and revocation of the permit to use the numbering;
17) Prescribe conditions and method for number transfer;
18) Conduct out-of-court settlement of disputes between service providers and end users;
19) Establish and maintain registers, records and databases prescribed by this Law and regularly publish data from the field of electronic communications;
20) Determine the markets subject to ex-ante regulation, conduct the market analysis procedure, and determine the business entity with significant market power, against which it shall impose at least one regulatory obligation;
21) Resolve disputes between business entities;
22) Resolve disputes related to interconnection, access, collocation and shared use of network elements and associated means;
23) Cooperate with authorities and organizations responsible for the field of electronic media, competition protection, consumer protection, protection of personal data, environmental protection, spatial planning, cadastre affairs, defense and security and other authorities and organizations on issues relevant to the field of electronic communications;
24) Cooperates with the competent regulatory and professional bodies of the member states of the European Union and other countries and the Body of the European Regulators for Electronic Communications (BEREC) in order to harmonize the practice of applying regulations in the field of electronic communications and to encourage the development of cross-border electronic communication networks and services;
25) Participate in the work of international organizations and institutions in the field of electronic communications and postal services as a national regulatory body in the field of electronic communications and postal services;
26) Regulate the prices of roaming services, termination rates and other elements of the prices of roaming services in public mobile communication networks and more closely prescribe the conditions for providing regulated roaming services, in accordance with international agreements;
27) Control individual price lists and prices of services in case of their binding, where a business entity has been designated as one with significant market power, in accordance with the provisions of this Law;
28) Initiate, monitor preventive activities and regulate the implementation of measures to preserve the security and integrity of public electronic communication networks and services, the secrecy of communications, as well as the protection of personal, traffic and location data;
29) Perform activities of professional monitoring in the field of electronic communications, in accordance with this Law and the regulations adopted on the basis thereof;
30) Perform control of the radio frequency spectrum and tasks of measurement, examination and determination of the causes of disturbances in the radio frequency spectrum;
31) Perform technical inspection;
32) Perform regulatory and other tasks in the field of postal services, in accordance with the special law regulating postal services;
33) Perform tasks in the field of information security in accordance with the special law regulating information security;
34) Perform other tasks as well in accordance with the law.
The tasks referred to in paragraph 1, items 1)-3), 6)-13), 15)-21), 23), 24) and items 26)-29) of this Article, shall be performed by the Regulator as entrusted tasks.
Personal data shall be processed for the purpose of realizing the public interest of enabling the activity of electronic communications and for the purpose of realizing the rights and obligations of the persons to whom the data relate to in connection to services in the field of electronic communications, as well as for the purpose of conducting administrative, judicial and other procedures. The processing of personal data provided for by this Law shall be carried out proportionately in relation to the goals that are being achieved, i.e. to the extent necessary to achieve the purpose of the processing.
When exercising the powers referred to in paragraph 1 of this Article, the Regulator shall designate in more detail the type of personal data that are the subject of processing, the persons to whom the personal data relate to, the persons to whom the data may be disclosed and the purpose of such disclosure, limitations related to the purpose of processing, the time limit for keeping and storing data, as well as other special actions and processing procedure in accordance with the law governing the protection of personal data.
In carrying out the competences referred to in paragraph 1 of this Article, the Regulator shall process the following personal data: name and surname, unique citizen registration number, date of birth, place and address of domicile or temporary residence, ID number, contact phone number and e-mail address.
The regulator shall keep the data referred to in paragraph 5 of this Article within the time limits set by the law and by-laws, i.e. as much as is necessary in respect of the specific purpose of the processing.
Article 10
The bodies of the Regulator shall be the Regulator’s Council and the Director.
Article 11
The Regulator’s Council (hereinafter: the Council) has a president and four members.
The President and members of the Council shall be elected and dismissed by the National Assembly on the basis of a public competition, in accordance with the provisions of this Law, taking into account gender equality.
The term of office of a member of the Council shall be five years and the same person can be appointed for a maximum of two terms.
Article 12
The Council shall, in accordance with the law:
1) Adopt the Regulator’s annual work plan which shall be harmonized with strategic acts and action plans in the field of electronic communications, postal services and information security, no later than December 15 th of the current year for the following year;
2) Adopt the Regulator’s Articles of Association;
3) Adopt other acts prescribed by this Law, i.e. by special laws that regulate the field of postal services and information security;
4) Perform tasks determined by a special law regulating postal services;
5) Perform tasks determined by a special law regulating information security;
6) Perform other tasks that according to law or the Regulator’s Articles of Association are not in the scope of Director’s competence.
Article 13
The Council shall render all decisions and acts on issues within the competence of the Regulator by majority vote of all its members.
The President of the Council shall manage the work of the Council and perform other duties determined by this Law and the Regulator’s Articles of Association.
The Council shall also have a Deputy President of the Council, whom the Council shall elect from among its members.
The Council shall adopt its rules of procedure.
Members of the Council shall have the right to remuneration for the work performed in the Council, which shall be determined in accordance with the Articles of Association of the Regulator, with the consent of the Government.
Conditions for the Election of the Council Members
Article 14
Members of the Council must have a higher education in the fields of electrical and computer engineering, traffic engineering, economics and law at basic academic studies lasting at least four years, as well as at least nine years of work experience in jobs within the scope of the Regulator’s competence.
The members of the Council shall be elected from the ranks of reputable experts who have achieved significant and recognized works or practice in the field relevant to the performance of tasks within the competence of the Regulator, whereby at least two members of the Council must be from the field of electrical and computer engineering, and one member of the Council must be from the field of traffic engineering.
Only a person who is a citizen of the Republic of Serbia and resides in the territory of the Republic of Serbia can be a member of the Council.
Procedure for Electing Members of the Council
Article 15
In accordance with the conditions from Article 14 of this Law, the National Assembly shall elect and dismiss the president and members of the Council, upon the proposal of the competent committee for electronic communications, taking into account gender equality.
The procedure for electing the president and members of the Council shall be carried out on the basis of a public competition announced by the President of the National Assembly, no later than six months prior to the end of the term of office of the president and members of the Council, i.e. immediately following the end of the term of office or dismissal of the president or member of the Council, in terms of Articles 16 and 17 of this Law.
The election of a President, i.e. the Council members shall be made from two separate lists of candidates that contain at most, the double the number of candidates than the number elected.
The candidates who receive the most votes on each list shall be elected if they received the majority of votes from the total number of people’s deputies, provided that the same person can be a candidate on both lists.
Should the National Assembly fail to elect all members of the Council, the procedure shall be repeated for the remaining vacant positions.
Should the term of office of the president or a Council member expire prior to the end of the election procedure, the president i.e. a Council member shall continue working in accordance with this Law until the end of the election procedure.
Ending of the Term of Office of a Council Member
Article 16
The term of office of the President and the Council members shall end:
1) Upon expiry of their term of office;
2) By submitting resignation to the National Assembly in writing, in which case the term of office of the president or a Council member shall end on the date the resignation is received;
3) By dismissal, prior to the expiration of the term of office, due to reasons stipulated by this law.
Dismissal of a Council Member before the End of Term of Office
Article 17
The National Assembly shall dismiss the president, i.e. Council member, upon a proposal of the Council or the competent parliamentary committee, if:
1) He no longer fulfills the requirements for appointment established by Article 14 of this Law;
2) Through his work or behavior, he called into question his reputation or the reputation of the Regulator, i.e. his autonomy and independence or the autonomy and independence of the Regulator;
3) It is established that during his term of office, he has violated the rules on conflict of interest and incompatibility of offices stipulated by the law which regulates the prevention of conflict of interests in serving a public office;
4) Due to an illness he is unable to perform the duties prescribed by this Law, for a period exceeding six consecutive months;
5) He was stripped of his contractual capacity;
6) He has been convicted to a prison sentence by means of a final judgment, or convicted of a criminal offense rendering him morally unfit to hold office.
The decision on dismissal shall be made on the basis of a reasoned proposal and after a completed procedure wherein the reasons for the dismissal have been confirmed and in which the President of the Council, i.e. the member of the Council against whom the procedure has been initiated, had the opportunity explain all the circumstances. An administrative dispute can be initiated against the decision on dismissal.
The decision on dismissal shall be published in the "Official Herald of the Republic of Serbia" and on the website of the Regulator.
Article 18
The Director shall be responsible for the legality of the work of the Regulator, he shall act for and represent the Regulator, manage the work and operations of the Regulator, decide on the rights, obligations and responsibilities of the employees of the Regulator, prepare and implement the decisions of the Council, ensure that the work of the Regulator is transparent and perform other tasks specified by law and by the Regulator’s Articles of Association.
The Director shall be appointed by the Council, on the basis of a public competition, in accordance with the provisions of this Law.
The Director shall be appointed for five years and the same person can be appointed for a maximum of two times, in accordance with paragraph 2 of this Article.
During the term of office, the Director shall be employed by the Regulator.
The rights and obligations of the Director following the expiry of his mandate or in other cases where his term of office is terminated shall be regulated by the Articles of Association.
The Director shall be responsible for his work to the Council, to which he shall submit annual and periodic reports on his work.
The Director shall adopt a general act regulating the internal organization and job systematization at the Regulator, with the consent of the Council.
The Director shall adopt general acts which, in accordance with general labor regulations and the approved financial plan referred to in Article 28 of this Law, regulate in more detail the rights and obligations of employees at the Regulator, other issues in the field of labor relations and issues in the field of regulating procedures and technical rules for behavior of employees when performing specific work processes in the Regulator, with the consent of the Council.
Director’s Eligibility Requirements
Article 19
A person fulfilling the conditions to be elected as a member of the Council, as referred to in Article 14, paragraph 1 of this Law, in terms of acquired education and having at least five years of work experience in the field of Regulator’s scope of competence, shall be appointed as Director.
Article 20
The public competition referred to in Article 18, paragraph 2 of the present Law shall be announced at least 180 days prior to the expiry of the Director’s term of office, i.e. immediately after the termination of mandate in terms of Article 21, items 2) and 3) of the present Law.
The announcement of the public competition shall be published in the "Official Herald of the Republic of Serbia", and on the web presentation of the Regulator.
The application for the competition shall be submitted to the Regulator within 30 days from the day of publication of the competition in the "Official Herald of the Republic of Serbia".
The Council shall, within 30 days from the day of expiry of the time limit referred to in paragraph 3 of this Article, make a list of the candidates which satisfy the eligibility requirements and appoint the Director.
The appointment decision shall be delivered by the Council to all candidates who applied for the competition.
A candidate who has not been appointed to be a Director can initiate an administrative dispute against the decision on the Director’s appointment.
Termination of the Director’s Term of Office
Article 21
The Director's mandate shall end:
1) Upon expiry of the period for which he was appointed;
2) By cancellation of employment contract according to the law governing employment relations;
3) By dismissal for the reasons provided by this Law.
Should the Director's duty end before time for which he was appointed, according to paragraph 1, items 2) and 3) of this Article, the Council shall appoint an Acting Director without public competition until the appointment of a Director through a public competition in accordance with this Law.
The Acting Director must meet the Director’s eligibility requirements, while the public competition for appointment of the Director shall be announced within 30 days from the date of appointment of the Acting Director.
Dismissal of Director prior to end of the Mandate
Article 22
The Council can dismiss the Director prior to expiry of the mandate, if:
1) It is established that in the application for the competition, the candidate presented false information about him, or failed to provide information about circumstances important for the election;
2) It is established that during the period of mandate he violated the rules on conflict of interest and incompatibility of offices stipulated by the law which regulates the prevention of conflict of interests in holding public office;
3) He fails to discharge the funds of the Regulator in accordance with the adopted financial plan;
4) By negligent or improper work he prevents the fulfillment of goals and tasks determined by the annual work plan of the Regulator, causes greater damage to the Regulator, acts contrary to the law and the regulations adopted on the basis thereof, or neglects or fulfills his obligations in bad faith so that major disturbances in the work of the Regulator occur or may occur;
5) He was stripped of his contractual capacity;
6) He has been finally convicted to a prison sentence of more than six months or if he has been convicted of criminal acts against official duty, fraud, theft, falsification of documents or other similar criminal act that makes him unworthy to perform his duties;
7) Due to illness or another reason, he is unable to perform the duties established by this Law for more than six months continuously;
8) The Director submits a request for dismissal.
The decision on dismissal shall be made on the basis of a reasoned proposal and after conducted procedure in which the reasons for the dismissal have been established and in which the Director has been given the opportunity to explain all the circumstances.
The Council may suspend the Director from duty until the decision on dismissal is made, provided that the procedure for dismissal has been initiated, while his powers shall be assumed by the President of the Council.
The Council's decision on the Director's dismissal shall be published on the website of the Regulator.
The decision referred to in paragraph 2 of this Article shall be final and an administrative dispute can be initiated against it.
Article 23
The provisions of the law governing the rules on preventing conflict of interest when performing public office shall be applied to the members of the Council and the Director.
Members of the Council and the Director shall, neither directly nor through a third natural or legal person, participate as the owner of a share in a legal person that performs the activity of electronic communications, postal services or information security. The Council members and the Director shall not be shareholders (excluding shares acquired on the basis of regulations on the free distribution of shares), employees, contracts, and similar with a legal person that performs the activity of electronic communications, postal services or information security.
A written statement that there are no legal impediments to the election of Council members and Director from paragraph 2 of this Article shall be attached as evidence to the public competition application.
Decision-making by the Regulator and Legal Remedies
Article 24
The Regulator, in accordance with the law, at the request of an interested party or ex officio, shall decide by adopting a resolution on the rights and obligations of business entities and users under this Law.
The provisions of the law governing the general administrative procedure shall be applied to the decision-making procedure on rights and obligations referred to in paragraph 1 of this Article.
The resolution referred to in paragraph 1 of this Article shall be final and an administrative dispute can be launched against it.
Resolving Disputes between Business Entities and Other Persons
Article 25
In the event of a dispute related to the obligations arising from this Law between business entities or a dispute between business entities and other legal persons that implement interconnection and/or access, collocation or shared use on the basis of this Law, the Regulator shall, at the request of a party to the dispute, resolve the dispute by adopting a resolution in the shortest possible time limit, and no later than within four months from the date of initiation of the procedure. Only in exceptional cases, which are particularly related to the volume and complexity of the subject matter of the dispute, the time limit can be extended for up to additional 30 days.
All parties to the dispute shall be bound to fully cooperate with the Regulator in order to resolve the dispute.
In the dispute resolution procedure, the Regulator shall decide in accordance with the objectives set forth in Article 7, paragraph 4 of this Law. Every obligation, imposed by the Regulator against a business entity for the purpose of resolving the dispute, shall be based on the provisions of this Law.
The reasoned decision of the Regulator on the resolution of the dispute shall be delivered to all parties of the dispute and published in accordance with the provisions of Article 27 of this Law, taking into account the protection of trade secret.
The dispute resolution procedure referred to in this Article shall not exclude the right of any party to the dispute to initiate court proceedings before the competent court.
Rulebooks, Decisions and Other General Acts
Article 26
The Council shall adopt rulebooks, instructions, decisions and other acts that regulate issues within the competence of the Regulator in a general way.
In carrying out its competence, the Regulator shall act in a timely, transparent, independent, objective, proportional and non-discriminatory manner.
Transparency of the Work of the Regulator
Article 27
The work of the Regulator shall be transparent.
Apart from the obligation to publish the adopted acts in accordance with the law regulating state administration, the Regulator shall, in accordance with the regulations governing the protection of personal data, protection of data secrecy and confidentiality regarding business secrets, on its website, free of charge and without delay, make publicly available the acts adopted, as well as other complete and up-to-date data and information within the scope its competence, in accordance with the law governing electronic administration, in particular the following:
1) Regulations adopted for the purpose of implementation of this Law, i.e. laws governing the field of postal services and information security, as well as other general acts;
2) Minutes from the sessions of the Council and decisions adopted;
3) Registers, records and databases;
4) Comparative reviews of the quality and prices of publicly offered services and other data of interest for the protection and promotion of the interests of consumers, i.e. end users;
5) Expert opinions, studies and analyses ordered for the needs of the Regulator;
6) Statistical data and other indicators of the development of the market of electronic communications and the market of postal services;
7) Annual report on the calculation of excessive net costs of providing universal service services, including the contributions of all universal service operators and all market benefits that operators could achieve based on the determined obligations to provide universal service services;
8) Other data and information related to the work of the Regulator, in accordance with this Law and the regulations adopted on the basis thereof.
Data set forth in paragraph 2, item 6) of this Article shall be updated and published by the Regulator on its website every three months, notably within one month from the end of the three-month period, and data referred to in paragraph 2, item 7) shall be published by the Regulator at the end of the first trimester of the current year for the previous year.
Financial plan of the Regulator
Article 28
Financing of the Regulator shall be carried out in accordance with the financial plan.
The financial plan shall determine the total revenues and expenditures of the Regulator, including contingency reserves, as well as elements for determining costs of salaries.
The total expenditures of the Regulator covered by the financial plan shall not exceed the costs necessary for the successful performance of the Regulator's competences, while unforeseen expenditures shall not exceed 2% of the planned expenditures.
The financial plan shall be adopted by the Council no later than November 15 th of the current year for the following year.
The financial plan shall be subject to Government’s consent.
The financial plan shall be published on the website of the Regulator.
If the Government fails to issue consent to the financial plan of the Regulator before the beginning of the year for which it is adopted, the Regulator’s expenditures for each subsequent trimester, until the provision of consent referred to in paragraph 5 of this Article, shall not exceed one quarter of the total amount of funds used according to the financial plan from the previous year.
Article 29
Funds for the operation of the Regulator shall be provided from the income that the Regulator achieves from:
1) Performance of numbering management tasks;
2) Performance of radio frequency spectrum management tasks;
3) Fees for the provision of services within its competence, which are paid in accordance with this Law;
4) Funds that business entities pay to the Regulator in an amount that cannot exceed 0.5% of the total income generated from the performance of electronic communications activity in the previous calendar year and which cover only the administrative costs incurred during the management, control and implementation of the regime of general authorization;
5) Funds determined in accordance with the law governing the field of postal services.
Calculation, amount as well as appurtenance of revenues referred to in paragraph 1 items 1) and 2) of this Article shall be determined by the law regulating fees for the use of public goods.
The amount and method of payment of the fee referred to in paragraph 1, item 3) of this Article shall be determined by the Regulator according to the type of service it provides, in accordance with this Law, subject to provision of consent from the ministry responsible for financial affairs.
The amount and method of payment of the funds referred to in paragraph 1, item 4) of this Article shall be determined by the Regulator, in accordance with this Law, subject to consent of the Government.
The Regulator shall perform an annual analysis of administrative costs referred to in paragraph 1, item 4) of this Article and, if necessary, adjust the amount of funds determined in accordance with paragraph 4 of this Article, whereby reimbursement cannot exceed the value from paragraph 1, item 4) of this Article.
Determining the amount of funds referred to in paragraph 1 of this Article shall be carried out in an objective, transparent and proportionate manner.
Determining the amount of funds referred to in paragraph 1 of this Article shall be based on the principle of determination of actual costs incurred for the public service provided, in accordance with the competences of the Regulator established in Article 9 of this Law.
Financial Statements and Auditing
Article 30
The Council shall draft the annual financial report of the Regulator.
The annual financial report of the Regulator shall be subject to audit by an independent authorized auditor.
The annual financial report of the Regulator with the report of the authorized auditor shall be submitted to the Government.
Financial statements shall be published in accordance with the law governing the field of accounting, as well as on the website of the Regulator.
Financial operations of the Regulator shall be subject to control by the State Audit Institution in accordance with the law.
Annual and Periodical Reports submitted by the Regulator to the National Assembly
Article 31
The Council shall submit to the National Assembly an annual report on the work of the Regulator, which shall in particular contain:
1) Data on the state of the electronic communications market in the Republic of Serbia;
2) Data on the fulfillment of goals and tasks set by the annual work plan of the Regulator and the adopted decisions;
3) Adopted financial plan, financial reports and auditor's reports;
4) Data on provided and planned human resources;
5) Other data of importance for the implementation of this Law.
The annual report on the work of the Regulator for the previous calendar year shall be submitted no later than the end of the second trimester of the current year, and the data referred to in paragraph 1, item 1) of this Article shall be simultaneously published on the website of the Regulator.
Article 32
The fee shall be paid for the following:
1) Use of numbering;
2) Use of the radio frequency spectrum.
For those liable to pay fees referred to in paragraph 1 of this Article, the basis, amount, method of determination and payment, as well as other matters of importance for the determination and payment of these fees, shall be prescribed by the law regulating fees for the use of public goods, based on the proposal of the Ministry, and upon the initiative of the Regulator.
In order to achieve efficient allocation and optimal use of numbering and radio frequency spectrum, the Regulator, in the process of preparing the proposal referred to in paragraph 2 of this Article, shall ensure that the determination of fees is carried out in accordance with the principles of objectivity, transparency, proportionality and nondiscrimination, taking into account the objectives set forth in Article 7, paragraph 4 of this Law.
Determining the fees set forth in paragraph 1 of this Article shall be carried out by the Regulator, by virtue of a resolution for the calendar year.
The fees referred to in paragraph 1, items 1) and 2) of this Article shall be paid to a special sub-account of the Regulator opened at the Treasury Administration.
Cooperation with Other Authorities and Organizations
Article 33
In implementing the provisions of this Law, the Regulator shall cooperate with:
1) A body responsible for electronic media, in accordance with this Law and the law governing the field of electronic media;
2) An authority responsible for the protection of competition, in such a way as to request the opinion of that authority or propose the initiation of proceedings before that authority in all cases of prevention, restriction or distortion of competition in accordance with the law governing the protection of competition;
3) Organizations for consumer protection, in accordance with the law regulating consumer protection;
4) Commissioner for the protection of personal data, in accordance with this Law and the law governing the protection of personal data;
5) An authority responsible for state survey and cadastre affairs, in accordance with this Law and the law and by-laws regulating the field of national infrastructure of geospatial data, metadata, interoperability, network services, access to data sets and services;
6) Defense and security authorities, in accordance with the laws regulating the field of defense and security, and other competent authorities and organizations.
The Regulator shall provide appropriate professional and technical assistance to the authorities and organizations referred to in paragraph 1 of this Article, and may enter into appropriate agreements on mutual cooperation if necessary.
At the occasion of exchange of data with competent authorities and organizations referred to in paragraph 1 of this Article, the regulations governing the field of personal data protection shall apply and the same level of confidentiality and protection of such data shall be secured.
IV DATA COLLECTION AND PROCEDURE FOR RENDERING DECISIONS AND OTHER ACTS
Article 34
A business entity, i.e. other legal persons that operate in the field of electronic communications or in closely related activities, shall, at the Regulator’s request, submit all necessary data and information, including financial information, which are necessary for the performance of tasks within the Regulator's competence, especially data and information relevant for:
1) Performance of professional supervision;
2) Acting on requests for shared use, interconnection and access, as well as maintaining of a database on the capacities of an electronic communication network and associated means;
3) Market analysis in accordance with the provisions of this law, including data from related retail markets;
4) Assessing the impact of the future development of new networks and services on the protection of competition in the field of electronic communications, connecting end users or determining the geographical area of electronic communication networks that enable broadband access;
5) Drafting of a geographical overview of the distribution of broadband networks;
6) Ensuring efficient management and rational use of numbering and radio frequency spectrum, as well as maintaining databases on the use of numbering and radio frequency spectrum;
7) Publishing comparative reviews and maintaining a database on the prices and quality of electronic communication services in the interest of consumers;
8) Resolution of end user complaints and out-of-court settlement of disputes between end users and business entities;
9) Resolution of disputes in the field of access and/or interconnection services based on this Law;
10) Assessing the security and integrity of electronic communications networks and services, including security policies, ensuring continuity of work and data protection;
11) Collection and publication of statistical data;
12) Implementation of the procedure for evaluation of request for granting the right to use the radio frequency spectrum or to use the numbering and carrying out of the evaluation of the request itself.
The request of the Regulator referred to in paragraph 1 of this Article shall contain the legal basis, the subject matter and goal of the request, the level of detail of the requested data and the appropriate time limit for acting on the request. The requested data must be commensurate with the purpose for which the Regulator requests them when performing tasks under its competence.
The time limit referred to in paragraph 2 of this Article cannot be shorter than 15 days from the date of receipt of the request by the operator, unless otherwise prescribed by law.
Notwithstanding paragraph 1 of this Article, the Regulator shall ex officio obtain data and information on which other holders of public authority keep official records.
The data referred to in paragraph 1, item 8) of this Article shall include: name and surname, address of the end user, user number and data on traffic, as well as other data necessary to resolve complaints.
The Regulator shall not demand from business entities to submit data prior to access or as a condition for access to the market, with the exception of information from paragraph 1, item 12) of this Article.
Article 35
Members of the Council, employees of the Regulator, as well as other legal and natural persons hired by the Regulator to carry out certain tasks, shall maintain the confidentiality of collected data and information, which are marked with a certain degree of secrecy in accordance with the law regulating the confidentiality of data, i.e. which are designated as business secrets by the act of the data owner or by contract, in accordance with the law.
The persons referred to in paragraph 1 of this Article shall maintain the confidentiality of collected data and information, regardless of the way in which they gained knowledge thereof, during and following the termination of office, employment or contractual relationship, until the end of the time limit for which the data and information collected were marked with a certain level of secrecy or until they are relieved from the duty to maintain confidentiality by virtue of a decision of the data owner.
Article 36
The Regulator shall conduct public consultations in the process of passing an act under its competence, in order to obtain the opinions of experts and the general public on the impact of proposed measures on the market of electronic communications, the market of postal services and information security.
The Ministry shall conduct public consultations in the process of passing an act under its jurisdiction, in accordance with the regulations that regulate the work of the state administration in more detail.
The public consultations referred to in paragraph 1 of this Article shall not be conducted in the process of resolving disputes and passing of acts of a temporary nature, which impose emergency measures in order to protect competition and the interests of users.
The public consultations referred to in paras. 1 and 2 of this Article shall be carried out before the adoption of the act and shall not last for less than 30 days.
Article 37
The Regulator shall determine the public consultation program, which shall contain data on the subject matter and duration of the consultation, as well as the method for giving opinions.
The public consultation program shall be published on the Regulator's web presentation intended for the public consultation procedure, together with the contact data of the person in charge of providing information on the subject matter and the course of the public consultation. The public consultation shall be published on the unified portal for public consultations.
Opinions on the subject matter of the public consultation shall be submitted in writing or electronically and must contain the name, i.e. business name and contact data of the applicant.
All confidential data related to the opinion given within the public consultation shall be extracted into a separate document (annex).
Opinions submitted as part of the public consultation and the positions of the Regulator in relation to all submitted opinions shall be published on the website of the Regulator and on the unified portal for public consultations, with the exception of annex containing confidential data.
In the public consultation procedure, the Regulator shall take into account the opinions of end users, especially consumers and end users with disabilities, producers and operators or service providers in relation to issues related to all rights of end users and consumers, including equal access and the ability of end users with disabilities to make a choice in connection to publicly available electronic communication services, especially in cases where a significant influence on the market is present.
The regulator shall establish a public consultation procedure that is adapted to end users with disabilities in accordance with the law governing electronic administration.
General Authorization for Public Electronic Communication Networks and Services
Article 38
Any natural or legal person can freely provide public electronic communication networks and services in the territory of the Republic of Serbia under the conditions established by this Law and by-laws adopted on the basis thereof.
The provision of public electronic communication networks and services, with the exception of communication services between persons that are not based on the use of numbering, shall be performed under the regime of general authorization and shall not affect the special obligations of a business entity referred to in Article 40, paragraph 7 of this Law or the right to use the radio frequency spectrum or numbering.
The regulator shall prescribe in more detail the manner of carrying out the activity of electronic communications under the regime of general authorization.
Notification on the Provision of Public Electronic Communication Networks and/or Services
Article 39
A business entity exercising rights and having obligations under the regime of general authorization referred to in Article 38, paragraph 2 of this Law, shall, before starting, i.e. after modifying or ending the provision of public electronic communication networks and/or services, notify the Regulator thereof in writing.
The notification referred to in paragraph 1 of this Article shall be submitted on a form whose content and layout shall be prescribed by the Regulator, taking into account the relevant guidelines of the Body of European Regulators for Electronic Communications (BEREC), and published on its website.
The notification referred to in paragraph 1 of this Article must contain at least a statement by the business entity about the intention to start providing public electronic communication networks and/or services, as well as the following data:
1) Name of the business entity, registration number and tax identification number (TIN), address, i.e. headquarters, e-mail address, as well as contact data of the responsible person;
2) Address of the website of the business entity that is connected to the provision of public electronic communication networks and/or services, if any;
3) Contact person’s data;
4) A brief description of the public electronic communication network and/or service to which the notification refers;
5) The expected start date or end date of the provision of the public electronic communication network and/or service.
Upon submitting the notification referred to in paragraph 1 of this Article, the business entity can start providing the public electronic communication network and/or service.
The Regulator shall issue the appropriate confirmation within seven days from the date of receipt of the complete notification, submitted on the form referred to in paragraph 2 of this Article, at the request of the business entity.
The confirmation referred to in paragraph 5 of this Article shall be issued in order to instruct the business entity about its rights and obligations under the regime of general authorization.
The Regulator shall maintain, publish and regularly update the records of business entities that submitted the notification referred to in paragraph 1 of this Article.
The business entity shall notify the Regulator about the modifications of data referred to in paragraph 3, items 1)-4) of this Article, at the latest within 15 days from the date of the occurred modification.
The business entity shall notify the Regulator about the change in the scheduled start date of the provision of the public electronic communication network and/or service referred to in paragraph 3, item 5) of this Article, at the latest within 15 days prior to the stated date.
The business entity shall notify the Regulator about the end date of the provision of the public electronic communication network and/or service, at the latest within 15 days from the occurrence of that date.
The Regulator shall delete the business entity from the records:
1) When the business entity notifies the Regulator in writing about the ending of the provision of a public electronic communication network and/or service, starting from the date of ending specified in the notification;
2) If the business entity has not been providing a public electronic communication network and/or service for more than six months continuously;
3) If the business entity has been deleted from the register of business companies or another appropriate register;
4) If the business entity is prohibited by a final court ruling from providing a public electronic communication network and/or service.
The content of the form referred to in paragraph 2 of this Article and the certificate referred to in paragraph 5 of this Article shall be prescribed by the Regulator with an act referred to in Article 38, paragraph 3 of this Law.
Conditions Related to the Regime of General Authorization, the Right to Use the Radio Frequency Spectrum and Numbering and Other Special Obligations
Article 40
The right to use the radio-frequency spectrum and numbering within the regime of general authorization for the provision of public electronic communication networks and/or services shall be exclusively subject to the conditions set forth by paragraphs 2-6 of this Article which must be nondiscriminatory, proportionate and transparent.
The general conditions for the provision of a public electronic communication network and/or service under the regime of general authorization, with the exception of communication services between persons that are not based on the use of numbering, shall refer to:
1) Payment of funds and fees in accordance with this Law;
2) Protection of personal data in the field of electronic communications in accordance with this Law;
3) Submission of data in the procedures referred to in Articles 34 and 39 of this Law;
4) Enabling legal interception of electronic communications and access to retained data in accordance with special law;
5) Providing notifications to the public in accordance with the provisions of Article 96 of this Law;
6) Access obligations, except for the obligations from paragraph 7 of this Article which apply to a business entity;
7) Measures foreseen for ensuring compliance with Serbian standards and/or technical specifications, referred to in Article 43 of this Law;
8) Transparency obligations on the part of operators which provide publicly available electronic communication services related to the provision of end-to-end connectivity, in accordance with the objectives set forth in Article 7, paragraph 4 of this Law, and providing the Regulator with information necessary to verify the fulfillment of these obligations, when this is necessary and proportionate.
Special conditions for the provision of public electronic communication networks under the regime of general authorization shall refer to:
1) Interconnection of networks in accordance with the provisions of this Law;
2) Obligations to transmit certain media content, in accordance with the provisions of this Law;
3) Measures to protect human health from the effects of non-ionizing radiation, which shall be governed by special regulations;
4) Maintaining the integrity of public electronic communication networks in accordance with the provisions of this Law, including conditions for preventing electromagnetic interference between electronic communication networks or services, in accordance with a special regulation on electromagnetic compatibility;
5) Protection of public electronic communication networks against unauthorized access in accordance with Article 159 of this Law;
6) The conditions for use of the radio frequency spectrum, with regard to the commissioning and putting into use of radio equipment, in accordance with the regulation governing the technical requirements for radio equipment from Article 47 of this Law, in the event that such use is not conditioned by obtaining an individual permit in accordance with Article 102 of this Law.
Special conditions for the provision of public electronic communication services under the regime of general authorization, with the exception of communication services between persons that are not based on the use of numbering, shall refer to:
1) Interoperability of services in accordance with the provisions of this Law;
2) Availability of numbers from the Numbering Plan to end users, and universal international toll-free numbers, as well as conditions in accordance with the provisions of this Law;
3) Rules on the protection of end users in the field of electronic communications.
The conditions that relate to the right to use the radio frequency spectrum shall be as follows:
1) The obligation to provide a service or usage of a type of technology within the limit set forth by Article 102 of this Law, including, if applicable, the requirements related to service coverage and quality;
2) Effective and efficient use of the radio frequency spectrum in accordance with this Law;
3) Technical and operational conditions required for avoiding harmful disturbances and for protection of human health from the effects of non-ionizing radiation, governed by special regulations, if these conditions differ from the conditions under the general authorization regime;
4) The maximum period of duration of an individual permit in accordance with Article 103 of this Law, taking into account changes to the Plan of intended use;
5) Transfer or rental of an individual right to use the radio frequency spectrum at the request of the holder of the individual permit and the conditions for such transfer, in accordance with the provisions of this Law;
6) Fees paid for the use of the radio frequency spectrum, in accordance with Article 32 of this Law;
7) All obligations that a business entity which acquires the right to use the radio frequency spectrum, has undertaken within the procedure of issuing and renewing an individual permit;
8) Obligations of association or shared use of the radio frequency spectrum or enabling access to the radio frequency spectrum for other users in certain areas or at the national level;
9) Obligations based on relevant international agreements regarding the use of the radio frequency range;
10) Special obligations for the experimental use of the radio frequency range.
The conditions that relate to the right to use the numbering shall include:
1) Use of numbering for the service for which the numbering can be used, including all requirements related to the provision of such service, tariff principles and maximum prices that can be applied in a certain range of numbers in order to protect end users in accordance with Article 7, paragraph 4, item 4) of this Law;
2) Ensuring effective and efficient use of numbering;
3) Enabling number portability in accordance with Article 93 of this Law;
4) The obligation to provide information on end users from the publicly available telephone directories in accordance with Article 150 of this Law;
5) The maximum period of validity of the permit for the use of numbering in accordance with Article 85 of this Law, taking into account changes to the Numbering Plan;
6) Transfer of the right to use the numbering at the request of the holder of the permit to use the numbering and the transfer conditions in accordance with Article 90 of this Law, including the condition that the right to use the numbering is binding for all persons to whom the right is transferred;
7) Payment of a fee for the use of numbering in accordance with Article 32 of this Law;
8) All obligations undertaken in the public bidding procedure from Article 89 of this Law;
9) Obligations from relevant international regulations, contracts or agreements related to the use of numbering.
Special obligations of access and interconnection from Article 58 of this Law, the system of conditional access referred to in Article 122 of this Law, compliance with regulatory obligations imposed against a business entity with significant market power set forth in Article 69 of this Law, the obligation to provide retail services under certain conditions from Article 83 of this Law or the obligation of a business entity that provides universal service referred to in Article 61 of this Law, shall be determined in accordance with the procedures prescribed by this Law and they shall not be subject to application of the rights and obligations under the regime of general authorization.
Rights Arising from the Regime of General Authorization
Article 41
According to the regime of general authorization, a business entity shall have the right to:
1) Provide public electronic communication networks and services;
2) Exercise the right of easement in accordance with Articles 53 and 54 of this Law;
3) The use of radio frequency spectrum for electronic communication networks and services, in accordance with Articles 40, 102 and 108 of this Law;
4) Submit request for granting of numbering in accordance with Article 86 of this Law;
5) To negotiate interconnection with another operator and, if applicable, achieve interconnection or access to another operator or public electronic communication service provider in accordance with the provisions of this Law;
6) Be designated as a provider of one or more universal service services in accordance with Article 61 of this Law.
Performing the Activity through a Related Business entity or Branch Office
Article 42
The business entities that have been granted special or exclusive rights to provide services in other areas of the economy in the Republic of Serbia shall, for the purpose of provision of public electronic communication networks or services:
1) Keep separate accounting to the extent that it would be necessary if business activities were performed through an independent legal entity or
2) Structurally separate the business.
Paragraph 1 of this Article shall not apply to business entities whose total revenue gained by performing electronic communications activities in the Republic of Serbia, realized in the previous business year does not exceed EUR 50 million.
To convert the foreign currency amount referred to in paragraph 2 of this Article into the dinar equivalent, the official middle exchange rate of the dinar, determined by the National Bank of Serbia, shall apply, valid on the last day of the business year for which the financial statement is prepared.
Business entities, providers of public electronic communication networks and/or public electronic communication services that, in accordance with the audit regulations, are not subject to audit, shall prepare and publish financial reports that are subject to independent audit.
The obligation referred to in paragraph 4 of this Article shall also apply to business entities that are under obligation to keep separate accounting in accordance with paragraph 1, item 1) of this Article.
The regulator shall regulate in more detail the rules and requirements related to accounting and structural separation.
VI ELECTRONIC COMMUNICATION NETWORKS, ASSOCIATED MEANS, ELECTRONIC COMMUNICATION EQUIPMENT AND RADIO EQUIPMENT
Planning, Designing, Building or Installing, Using and Maintaining Electronic Communication Networks and Associated Means
Article 43
Electronic communication networks and associated means must be planned, designed, manufactured, built or installed, used and maintained:
1) In accordance with Serbian standards and/or technical specifications, the application of which encourages the coordinated provision of electronic communication networks, electronic communication services, associated means and related services;
2) In accordance with the law governing spatial planning and construction, regulations governing the area of environmental protection, as well as the area of cultural property protection;
3) In such a manner so as not to cause interference with the operation of other electronic communication networks, associated means and electronic communication equipment.
Serbian standards and/or technical specifications from paragraph 1, item 1) of this Article shall apply to the provision of services, technical interfaces or network functions, only to the extent necessary to ensure the interoperability of services, end-to-end connectivity, enabling the change of electronic communication services’ operators and portability of numbers and identification, as well as increasing freedom of choice for users.
If there are no Serbian standards and/or technical specifications referred to in paragraph 1, item 1) of this Article, the corresponding standards and/or technical specifications adopted by the European Telecommunications Standards Institute (ETSI), the European Committee for Standardization (CEN), and the European Electrotechnical Committee for Standardization (CENELEC), shall apply.
If there are no corresponding standards and/or technical specifications referred to in paragraph 3 of this Article, the standards, technical specifications, recommendations and regulations of the International Telecommunication Union (ITU), the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC) and the European Conference of Postal and Telecommunication Administrations (CEPT), as well as of other relevant organizations for standardization shall apply.
If there are no corresponding standards, technical specifications, recommendations and regulations from paragraph 4 of this Article, the original Serbian standards shall be applied appropriately.
If the standards, technical specifications, recommendations and regulations from paragraph 1, item 1) and paragraphs 3-5 of this Article are not properly implemented, in a manner that the interoperability of services cannot be ensured, the application of such standards, technical specifications, recommendations and regulations may become binding, to the extent necessary for ensuring interoperability and increasing the freedom of choice for users, by adopting the technical regulation referred to in Article 45 of this Law.
Geographical Survey of Broadband Network Distribution
Article 44
The Regulator shall collect information on the geographical distribution of broadband networks and at least once every three years prepare a geographical survey of areas where broadband network is not available and its construction is not planned, including very high-capacity networks.
Information from the geographical survey from paragraph 1 of this Article shall be taken into account when:
1) Deciding on the purpose of public funds for the construction of electronic communication networks;
2) Preparing national plans for broadband network development, especially for areas where broadband network is not available;
3) Defining coverage obligations related to the rights to use the radio frequency spectrum;
4) Checking the availability of services covered by the obligation to provide universal service services;
5) Analyzing the market.
The geographical survey shall cover the current geographical distribution of broadband networks as well as plans for the future development, improvement or expansion of broadband networks, including very high-capacity networks, in accordance with national plans and programs for the development of broadband networks.
The Regulator shall collect from business entities, public authorities and companies, information on the current geographical distribution of the broadband network and plans for future development for the period determined by the Regulator, which cannot be longer than three years.
The Regulator shall determine the geographical area in which the broadband network is neither available nor that there are plans for its construction, improvement or expansion, and information about the determined geographical areas shall be published on its website.
Based on the information referred to in paragraph 4 of this Article, the Regulator shall invite business entities and public authorities to declare their intentions about building, improving or expanding a broadband network, including very high-capacity network in such area.
After collecting the declarations of intent stipulated by paragraph 5 of this Article, the Regulator shall inform all interested business entities, public authorities and companies whether a broadband network is available in the determined geographical area and whether its construction, improvement or expansion is planned.
The Regulator shall prescribe in more detail the method of collecting information, the preparation procedure and the content of the geographical survey of the distribution of the broadband network, the method of collecting declarations of intent referred to in paragraph 5 of this Article, as well as the method of accessing the geographical survey.
The Regulator shall, on its website, publish data from the geographic survey, which are not marked as secret and/or as a business secret, as pertained to the law and by-laws governing the field of national infrastructure of geospatial data, metadata, interoperability, network services, access to sets and services of data.
In the course of collecting information from paragraph 1 of this Article, the Regulator shall cooperate with the authority responsible for state survey and cadastre affairs, which shall provide the demanded information at the request of the Regulator.
Technical Requirements for Electronic Communication Networks, Associated Means and Electronic Communication Equipment
Article 45
The regulator shall prescribe in more detail the technical requirements and instructions for certain types of electronic communication networks, associated means and electronic communication equipment, i.e. conditions for performing the electronic communication activity, except for technical requirements referred to in Articles 46-48 of this Law.
Technical Requirements for the Construction of Commercial and Residential Buildings
Article 46
During the construction or reconstruction of commercial and residential buildings, investors shall build cable ducts up to the boundary of the building plot, as well as the accompanying physical infrastructure inside the building required for the installation of high-capacity electronic communication networks, including very high-capacity networks, associated means and electronic communication equipment to the premises of the end user, in accordance with the prescribed technical and other requirements.
During the construction or reconstruction of buildings with several commercial or residential units, investors shall build a first collection or distribution point of the network inside the building or outside of it in order to enable access to the infrastructure within the building.
Apart from the physical infrastructure referred to in paragraphs 1 and 2 of this Article, the investor of the building shall build a joint antenna system for receiving media content (radio and television), install vertical and horizontal cabling from the access point to each individual residential or commercial unit, as well as install all other necessary equipment for connecting all residential or commercial units located in the building to the access electronic communication network.
The investor shall carry out the works in accordance with the act that determined the technical and other requirements set forth by paragraph 7 of this Article.
The investor, i.e. the designer who has drawn up and signed the technical documentation and the person performing the technical control shall be jointly responsible for any damage caused by non-compliance with the regulations from paragraph 7 of this Article.
Obligations referred to in paragraphs 1-3 of this Article shall not relate to buildings in which the fulfillment of these obligations is disproportionate in terms of the costs to be incurred by individual or apartment owners, as well as to buildings with joint living space, vacation houses, buildings that represent cultural property, military buildings and other buildings used for state security purposes.
The Ministry, at the proposal of the Regulator, with the previously obtained opinion of the ministry in charge of spatial planning, construction and infrastructure, shall prescribe in more detail the technical and other requirements set forth in paragraphs 1-3 of this Article, as well as exemptions for certain categories of buildings referred to in paragraph 6 of this Article.
Technical Requirements for Radio Equipment and Telecommunication Terminal Equipment
Article 47
The Ministry, at the proposal of the Regulator, shall prescribe in more detail the requirements related to radio equipment, and in particular, categories or classes of radio equipment, compliance of combinations of radio equipment and software, registration of radio equipment, assessment of conformity of radio equipment, as well as other requirements and conditions related to radio equipment’s delivery on the market and putting into use, in accordance with the law regulating technical requirements for products and conformity assessment.
If under the regulation referred to in paragraph 1 of this Article it is determined that conformity assessment is carried out by a conformity assessment body, the Ministry shall appoint that body in accordance with the law regulating technical requirements for products and conformity assessment.
The Regulator may be appointed as a conformity assessment body, in accordance with the law.
Operators providing electronic communication networks shall publish accurate and corresponding technical specifications of the interface of their electronic communication networks, notably before the electronic communication services provided through these interfaces become publicly available, and regularly publish changes to these technical interface specifications.
The Regulator shall prescribe in more detail the manner of publishing data on the interfaces of electronic communication networks. Data on the interfaces of electronic communication networks are also available on the website of the Regulator and are regularly updated.
Protective Zones and Radio Corridors
Article 48
In the protective zone of the electronic communication networks and associated means, certain radio centers and radio stations, as well as along the route of the radio corridor, it shall not be allowed to build or set up buildings, carry out works, plant seedlings, or set up obstacles that could threaten the functioning of electronic communications, reduce the quality of work, disrupt and interrupt the work of the radio center, i.e. the radio station, or create harmful interference.
The planning document shall define protective zones and free routes for entry and exit of radio relay connections (radio corridors).
If an amendment to a planning document jeopardizes the functioning of electronic communications in the protective zones and radio corridors referred to in paragraph 1 of this Article, such amendment shall establish new protective zones and radio corridor routes that shall enable smooth operation of electronic communications.
The Ministry, at the proposal of the Regulator, with the previously obtained opinion of the ministries responsible for spatial planning and environmental protection and defense and security, shall prescribe in more detail the requirements related to the establishment of protective zones and radio corridors from paragraph 1 of this Article, as well as the obligations of the works investor during the construction or reconstruction of buildings.
Protection and Relocation of Electronic Communications Networks, Associated Means and Radio Corridors
Article 49
When the construction of a new facility and the performance of other works require protection, i.e. relocation of an electronic communication network, associated means or radio corridors, the investor shall:
1) In accordance with the planning document, draw up a design for protection, i.e. relocation of the electronic communication network and associated means, as well as obtain the consent of the owner, i.e. the user of the radio corridor, for the design;
2) At least 60 days prior to the deadline for the start of the works, notify the owner of the electronic communication network and the associated means, i.e. a user of the radio corridor, as well as provide them with access for the purpose of monitoring the performance of the works;
3) At his own expense, ensure the protection, i.e. relocation of the electronic communication network and associated means, i.e. of the radio corridor, in accordance with the regulations on planning and construction and the regulations on the registration procedure in the cadastre.
Article 50
An electronic communication network, associated means, electronic communication equipment, radio equipment and terminal equipment must not cause illegal electromagnetic interference, which may adversely affect the operation of other electronic and other devices and facilities in their vicinity, in accordance with the requirements established by a special regulation.
The electronic communication network, associated means, electronic communication equipment, radio equipment and terminal equipment must have appropriate immunity to electromagnetic interference, so that in their presence they would continue to function without unauthorized degradation of their characteristics, in accordance with the requirements established by a special regulation.
Measuring the Level of Electromagnetic Field
Article 51
In order to control the radio frequency spectrum, the Regulator shall measure the level of electromagnetic field in electronic communication networks, associated means, electronic communication equipment, radio equipment and terminal equipment.
If, during the measurement referred to in paragraph 1 of this Article, it is determined that there is a breach of limit levels set by special regulations, the Regulator shall report it to the competent inspection.
VII THE RIGHT OF EASEMENT AND JOINT USAGE
Public Interest for Expropriation
Article 52
For the purpose of building and installing an electronic communications networks and related means, the public interest in the expropriation of immovable property can be established, in accordance with the law regulating expropriation.
Article 53
The operator, as well as the person who builds or installs electronic communication network and associated means solely for its own needs, shall have the right to demand passage over someone else's immovable property or the right to use someone else's immovable property (easement), when this is necessary for the construction, installation and use of electronic communication networks and associated means.
An operator, as well as a person building or installing an electronic communication network and related means solely for his own needs, and the owner of the immovable property, shall conclude a contract that regulates in more detail the particulars of easement execution, as well as the existence and amount of remuneration for the establishment of right of easement.
The possibility of shared use of the immovable property on which the right of easement has been established must be provided for in contract referred to in paragraph 2 of this Article, in accordance with the law.
If the persons referred to in paragraph 2 of this Article fail to reach an agreement on the right of easement, the establishment of the right of easement shall be regulated in accordance with the law.
Establishing Easement Right on Immovable Property in Public Ownership
Article 54
When the easement is established on immovable property in public ownership, unless the law regulating public property provides otherwise, the public authority that decides on the conclusion of the contract shall determine the conditions for acquiring the right of easement in a non-discriminatory manner and publicly announce them, and pass the decision on conclusion of the contract without delay as well, no later than within 30 days from the date of submission of the request for the conclusion of the contract.
The public authority that decides on the conclusion of the contract shall functionally separate the activities related to the decision on the conclusion of the contract from the activities related to the exercise of ownership and management rights in a company that performs the activity of electronic communications.
The public authority that decides on the conclusion of the contract, when determining the conditions for acquiring the right of easement referred to in paragraph 1 of this Article, shall determine the annual amount of compensation, in accordance with the act of the Government which prescribes the maximum amounts of compensation for establishing the right of easement on immovable property in public ownership.
Funds gathered from the sum of annual compensations for the establishment of easement rights on immovable property in public ownership shall belong to the budget of a certain level of government, depending on who is the holder of the ownership right.
The Government shall pass the act referred to in paragraph 3 of this Article based on the proposal determined by the Ministry.
The maximum amounts of compensation from paragraph 3 of this Article shall be determined uniformly for the entire territory of the Republic of Serbia, per length meter i.e. square meter of land used for the construction of an electronic communication network and related means, especially considering different categories of land.
The maximum amounts of compensation referred to in paragraph 3 of this Article, shall be determined in such a way as to ensure optimal use of resources in accordance with the principles of objectivity, transparency and non-discrimination, where particular attention should be paid to the goals referred to in Article 7, paragraph 4 of this Law, and in particular, taking into account the interests of the owner, the holder of the disposal or usage rights on the immovable property and the interests of the operator, as well as the public interest in the development of the electronic communications market.
Article 55
The operator shall have the right to demand the shared use (including physical collocation) of network elements and related means of another operator or a third party, as well as of an immovable property for the use of which another operator or third party has established the right of easement or of an immovable property acquired in the expropriation procedure, i.e. when it is not possible to build or set up a new electronic communication network and associated means without harmful consequences for the environment, public safety, the implementation of spatial plans or the preservation of cultural assets.
The Regulator shall prescribe in more detail the manner and conditions of shared use of the electronic communication network, the associated means and immovable property from paragraph 1 of this Article, the degree of availability of free space and basic elements of the contract on shared use.
The operator or a third party, at the request of another operator and if the conditions prescribed in the act referred to in paragraph 2 of this Article are met, within 60 days from the receipt of the request, shall conclude a contract that regulates in more detail the mutual rights and obligations in terms of shared use, including distribution of costs, taking into account previous investments, encouraging further investments and the possibility of an investment return at a reasonable rate considering the associated risks.
Should the operator or a third party dismiss the request of another operator within the time limit referred to in paragraph 3 of this Article or fails to respond to such a request, or if the contract has not been concluded within that time limit, the operator can submit the request to the Regulator for decision-making within 30 days.
The regulator shall have the authority to, when the conditions from the act referred to in paragraph 2 of this Article are met, adopt a resolution at the request of the interested party whereby establishing the obligation of shared use, including the distribution of costs, taking into account previous investments, encouraging further investments and the possibility of an investment return at a reasonable rate considering the risks involved.
The Regulator shall issue the resolution from paragraph 5 of this Article in the shortest possible period of time, and at the latest within four months from the date of receipt of a proper request, except in exceptional cases related to the volume and complexity of the subject-matter of decision-making when this time limit can be extended up to 30 days.
The obligation of shared use from paragraph 5 of this Article shall be determined after conducting the public consultations procedure from Articles 36 and 37 of this Law.
The Regulator shall exercise the authority from paragraph 5 of this Article in accordance with the principles of objectivity, transparency, proportionality and non-discrimination.
Data on the Electronic Communication Network and Associated Means
Article 56
The regulator shall maintain an up-to-date database on the type, geographic location and availability of all electronic communication network capacities and associated means in accordance with the law and by-laws governing the field of national geospatial data infrastructure, metadata, interoperability, network services, access to data sets and services.
In the procedure referred to in paragraph 1 of this Article, the Regulator shall cooperate with the body responsible for state surveying and cadastre, in accordance with the regulations referred to in paragraph 1 of this Article, and at the request of the Regulator such body must submit the required data at its disposal.
The Regulator shall make the database from paragraph 1 of this Article available on the website, taking into account the confidentiality of the data.
The regulator, in cooperation with the body responsible for state surveying and cadastre, shall, in more detail, regulate the method of data collection, maintenance, access, access to data that may be subject to shared use and the use of the database from paragraph 1 of this Article.
VIII INTERCONNECTION AND ACCESS
General Framework for Access and Interconnection
Article 57
Business entities shall have the right to negotiate and conclude contracts on technical and commercial conditions of access or interconnection.
The operator shall have the right and obligation, at the request of other operators, who have the right to do so based on Article 41, paragraph 1, item 5) of this Law, to negotiate interconnection for the purpose of providing publicly available electronic communication services, in order to ensure the provision and interoperability of such services in the territory of the Republic of Serbia.
The operator shall offer access and interconnection to other business entities under the conditions and obligations from Articles 58 and 59 of this Law.
Business entities shall have the obligation to preserve the confidentiality of information obtained prior to, during or following negotiations on access i.e. interconnection, or after the conclusion of an agreement on access or interconnection in accordance with the law governing the protection of trade secrets and confidentiality of data, as well as to use them only for the purpose for which they were obtained. The provided data cannot be shared with third parties, especially not with its other organizational units, related legal persons or partners to whom the said data are not necessary for the implementation of interconnection i.e. access and to whom such information would provide an advantage in the market.
Operators shall notify the Regulator of the interconnection agreement at the national and international level referred to in paragraph 1 of this Article within 30 days from the date of conclusion of the agreement.
The Regulator shall keep records of interconnection agreements at the national and international level.
The Regulator shall regulate in more detail the content of the application and the method of filing of the agreements on interconnection at the international level.
Powers and Obligations of the Regulator in relation to Access and Interconnection
Article 58
The Regulator, in order to achieve the goals from Article 7, paragraph 4 of this Law, shall encourage and, when necessary, ensure the provision of appropriate access and interoperability of services in accordance with this Law, by promoting efficiency, sustainable competition, setting up networks of very high-capacity, economic efficiency of investments and innovation, as well as the greatest possible benefit for end users.
The Regulator shall issue instructions and publish procedures which apply to the provision of access and interconnection to ensure that small and medium companies and operators with limited geographical coverage can be interconnected under reasonable conditions.
The Regulator shall have the right to impose, independently of the obligations it can impose on business entities with significant market power in accordance with Article 69 of this Law, the following:
1) Obligations to a business entity that is subject to general authorization and that controls access to end users, to the extent necessary, in order to ensure end-to-end connectivity, including in justified cases the obligation to interconnect with other networks;
2) Obligations to establish interoperability of operator services that are subject to general authorization and that control access to end users, in justified cases and to the extent necessary;
3) The obligation to establish interoperability of services to a provider of communication services between persons that are not based on the use of numbering that has a significant market share in terms of territorial coverage and the number of users, in justified cases when end-to-end connectivity between end users is jeopardized due to insufficient interoperability of services, to the extent necessary to provide end-to-end connectivity between end users. The Regulator can establish proportionate obligations to the providers of these services, to publish all relevant information and enable other competent authorities and service providers to use the information, modify and exchange it, or can include the obligation to use or implement (apply) standards or technical specifications referred to in Article 43, paragraph 6 of this Law.
In order to ensure the goals of the policy stipulated in Article 7, paragraph 4 of this Law and the implementation of paragraphs 1-3 of this Article, the Regulator shall ex officio undertake measures, in accordance with the procedure established by Articles 36 and 37 of this Law.
The business entity may request access to cables and cable installation, as well as to associated means inside buildings or to the first collection or distribution point, when that point is located outside the building, if duplicating such infrastructure is economically inefficient or technically not feasible.
The operator or owner of installations and cables, i.e. of the associated means in the building, who is not a provider of electronic communication networks, shall, at a reasonable request of the business entity, conclude an access agreement from paragraph 5 of this Article, under fair and non-discriminatory conditions.
If the access agreement is not concluded within two months from the receipt of the request for access, each party may submit a request to the Regulator for a decision.
The Regulator, upon a justified request, may determine the obligation to provide access to installations and cables, as well as to relevant associated means inside buildings, or to the first collection or distribution point, when such point is located outside the building.
The Regulator can impose the obligation from paragraph 8 of this Article on operators or owners of installations and cables and associated means who are not operators, when the installation of new network elements is economically inefficient or physically not feasible.
The conditions of access, determined by obligations from paragraph 8 of this Article, may include special rules on access to network elements as well as to appropriate associated means and related services, on transparency and nondiscrimination, as well as on the distribution of access costs, which are adjusted as necessary according to the associated risks that should be considered.
The Regulator may, taking into account fair and reasonable conditions, extend the determination of such access obligations beyond the first collection or distribution point, up to the point that it determines is the closest to the end users and suitable for accommodating a sufficient number of connections of end users to make it commercially viable for business entities applying for access. When expanding the conditions, the Regulator shall take into account, if applicable, the obligations arising from the analysis of any relevant market and assess whether the obligations established in accordance with paragraph 5 of this Article sufficiently resolve large and permanent economic or physical barriers to the installation of new network elements, which are the cause of existing or emerging restrictions of competition on the market.
The regulator, when making a decision on extending the determination of the access obligation in accordance with paragraph 11 of this Article, shall take into account the relevant BEREC guidelines to the greatest extent, which determine the criteria for determining the first collection or distribution point; point, after the first collection or distribution point, where a sufficient number of end-user connections can be placed to enable the business entity to overcome established obstacles that significantly affect the possibility of installing new network elements; which network can be considered new; what project can be considered small; which are high and permanent economic or physical barriers to the installation of new network elements.
The Regulator can also determine the access obligations to active or virtual elements of the network, if access to passive elements of the network is physically unfeasible or economically inefficient.
The Regulator shall not determine obligations in accordance with paras. 11 and 13 of this Article to the operators, should it determine that:
1) They meet the requirements of Article 81 of this Law and provide access to a very high-capacity network to any business entity, thereby enabling a sustainable and similar alternative method of access to end-users under fair, non-discriminatory and reasonable conditions, whereby the Regulator can apply this exception to other operators as well, who offer access to a very high-capacity network under fair, non-discriminatory and reasonable business conditions;
2) Prescribing such obligations would threaten the economic or financial viability of setting up a new network, especially in the case of smaller local projects.
As an exception to the provisions of paragraph 14, item 1) of this Article, the Regulator may determine the obligations from paragraphs 11 and 13 of this Article to operators who establish the network with public funds.
The Regulator shall prescribe in more detail the conditions of access to the first or after the first distribution point and the method of distribution of costs.
The Regulator may determine an obligation to operators to share passive infrastructure or the obligation to conclude a contract on national roaming in a certain geographic area (subject area) under fair and reasonable conditions when the following is met:
1) When this is necessary for the provision of services in the subject area based on the use of the radio frequency spectrum and on the condition that the other business entity does not have at its disposal sustainable and similar alternative means of access to end users;
2) When in the subject area there are insurmountable economic or physical obstacles to the market sustainable establishment of infrastructure for providing networks or services with the use of radio frequency spectrum, due to which the access of end users to networks or services is seriously impaired or does not exist at all;
3) When the possibility of determining these obligations is clearly stated in the radio frequency spectrum allocation procedure.
The Regulator can also determine the obligation of shared use of active electronic communication equipment if the obligation of access and shared use of passive infrastructure, determined in accordance with paragraph 16 of this Article, does not enable end users to access networks or services.
The Regulator shall choose the most suitable obligation of shared use or access and to determine the obligations from paras. 16 and 17 of this Article in accordance with the principles of objectivity, transparency, proportionality and nondiscrimination, while taking into account:
1) The need to increase connectivity in the Republic of Serbia, on the main road routes and in special geographical areas, as well as the possibility of significantly increase of choice and quality of service for end users;
2) Effective use of the radio frequency spectrum;
3) Possibility of technical implementation and conditions of shared use;
4) State of competition in terms of infrastructure and services;
5) Technological innovations;
6) The need for measures that encourage operators to invest in setting up infrastructure.
In addition, the Regulator may, when resolving disputes referred to in Article 25 of this Law, determine an obligation to the operator-beneficiary of the right of shared use or access, to share the use of the radio frequency spectrum with the operator that manages the infrastructure that is subject to the shared use obligation in the subject area.
Obligations and conditions established in accordance with this Article must be objective, transparent, proportionate and non-discriminatory, while the Regulator shall carry out a public consultation procedure on the proposed obligations from this Article in accordance with Articles 36 and 37 of this Law.
The Regulator shall perform an assessment of the effects of these obligations, as well as of the need for their modification or cancellation within five years from the date of determination of obligations from this Article, and, in connection with the performed assessment, conduct a public consultation procedure in accordance with Articles 36 and 37 of this Law.
Regulator shall be mindful, to the greatest extent possible, of the BEREC guidelines on common approach in determining the terminal point of the network in different network topologies at the occasion of determining the terminal points of the network.
Special Cases of Interconnection between Electronic Communication Networks for Special Purposes and Public Communication Networks
Article 59
The Regulator, at the request of defense, security and emergency services authorities, in accordance with special regulations, can issue a resolution obliging the operator to, within the framework of existing technical possibilities, provide priority interconnection with the electronic communication network for special purposes for a period of no longer than 14 days, free of charge, in the event that in a certain area there are no suitable capacities of the electronic communication network for special purposes, i.e. when due to reasons of urgency or unpredictability it was not possible to foresee and implement them in a timely manner, and the interconnection is necessary for the performance of legally prescribed tasks of the defense, security and emergency services.
The resolution referred to in paragraph 1 of this Article shall determine the technical conditions for interconnection.
Exceptionally, the time limit referred to in paragraph 1 of this Article can be extended to a period of three months in cases where the competent authority of the Republic of Serbia enlists the defense, security and emergency intervention services to carry out legally prescribed duties under their auspices.
Article 60
Universal service services shall include:
1) Appropriate broadband Internet access and access to voice communication service at affordable prices, at a fixed location;
2) Free calls to emergency services;
3) Special measures that ensure equal opportunities to persons with disabilities and socially vulnerable consumers to access universal service services.
Universal service services shall be provided on a technologically neutral basis, with appropriate flow and quality, at affordable prices and in such a way that socially disadvantaged consumers and persons with disabilities shall not be prevented from using these services.
The scope of universal services can be expanded in order to provide, at affordable prices, broadband Internet access and voice communication service access that is not provided at a fixed location.
At the consumer's request, the universal service may include only access to the voice communication service. The consumer shall be under no obligation to pay for additional features or services that are not needed or requested.
The Ministry shall, at the proposal of the Regulator, prescribe in more detail the minimum set of services that appropriate broadband Internet access should enable, as well as the flow necessary to provide the minimum set of services, geographic coverage and quality of universal service services provision, as well as requirements regarding the provision of equal opportunities for persons with disabilities to use the services, taking into account the degree of development of public communication networks and the availability of publicly reachable electronic communication services in the Republic of Serbia.
The provisions of this Article shall also relate to end users - micro, small and medium-sized legal persons and non-profit organizations.
Designation of Universal Service Services Providers
Article 61
The obligation to provide universal service services shall be prescribed when, based on the results of a geographical survey of the distribution of broadband networks, if they are available, and other evidence, it is determined that the availability of universal service services cannot be provided under normal commercial circumstances or through other public policy instruments.
The Regulator shall charge one or more business entities with the obligation to provide universal services, in part of or in whole territory of the Republic of Serbia, whereby ensuring that universal service services are available to all end users in the territory of the Republic of Serbia, regardless of geographic location.
The business entity referred to in paragraph 2 of this Article shall be chosen in an objective, public, non-discriminatory and proportionate manner, with as little distortion of competition on the market as possible, so as to protect the public interest, ensure efficiency and economy in the provision of universal services, i.e. so that the scope of the determined obligations does not represent an excessive burden for operators.
The business entity referred to in paragraph 2 of this Article shall make the data on its offer of universal service services publicly available and up-to-date, particularly including data on geographic availability, prices, conditions of access and use (including restrictions) and quality.
The method of determining the obligation to provide universal service services shall be regulated in more detail by the Regulator, as well as the level of detail and the method of publishing data from paragraph 4 of this Article.
The Regulator shall check the conduct of the business entity referred to in paragraph 2 of this Article in relation to the prescribed obligations and analyze the provision of universal service services in the Republic of Serbia, including the quality and prices of the provision of such services.
The Regulator shall perform the analysis referred to in paragraph 6 of this Article at least once during a period of three years starting from the date of adoption of the act referred to in paragraph 2 of this Article, and in accordance with the established situation, decide on the obligations of business entities referred to in paragraph 2 of this Article and propose changes to the act referred to in Article 60, paragraph 5 of this Law. The performed analysis from paragraph 6 of this Article shall be published on the website of the Regulator.
Accessibility of Universal Service Services
Article 62
The Regulator shall analyze the retail prices of universal service services that are provided on commercial basis, especially taking into account the prices on the domestic market and the average income of the inhabitants of the Republic of Serbia, and may order the business entity to adjust the prices of universal services at a fixed location, as well as to make available up-to-date data on its offers, in order to ensure their affordability for socially vulnerable categories of consumers.
Exceptionally, if the measures from paragraph 1 of this Article represent a significant burden on business entities, the Regulator is authorized to order the business entity from Article 61, paragraph 2 of this Law to adjust the offered prices of universal service services, in a public and non-discriminatory manner, if it assesses that it is in the interest of ensuring accessibility for socially disadvantaged consumers.
The application of this Article shall be carried out in a way that least disturbs market relations.
Article 63
The business entity referred to in Article 61, paragraph 2 shall inform the Regulator of the intention to dispose of its access network, in whole or in a significant part, 60 days prior to the disposal for the purpose of assessment of the effects of disposal on the provision of universal service services.
Following the completed assessment, the Regulator shall determine, amend or cancel certain obligations imposed upon the business entity, referred to in paragraph 1 of this Article, arising from the obligation of provision of universal service services.
Determining the Excessive Cost of Providing Universal Service Services
Article 64
Business entities designated as universal service services providers shall submit a report on the provision of universal service services to the Regulator, no later than the end of the second trimester of the current year for the previous year.
The report from paragraph 1 of this Article may contain a request for reimbursement of excessive costs of providing universal service services (hereinafter: excessive net costs), while documenting the costs that represent an excessive burden, taking into account any market advantage achieved by the universal service operator.
The Regulator shall regulate in more detail the method of documenting excessive net costs for the provision of universal service services, the method of documenting excessive net costs, the criteria that are applied to exercising the right to compensation for excessive net costs and the methodology whereby it determines the amount of funds for each business entity that are paid for the purpose of financing the excessive net costs incurred in providing universal service services in the previous calculating period.
The regulator can hire an independent auditor to verify the compliance of the calculation of excessive net costs from paragraph 2 of this Article with the prescribed method of calculating these costs.
In the annual report referred to in Article 27, paragraph 2, item 7) of this Law, taking into account the obligation to keep confidentiality of data and business secrets in accordance with Article 35 of this Law, the Regulator shall publish data on the calculated net cost of the obligation to provide universal service, including contributions from all business entities from paragraph 1 of this Article, as well as all market benefits that business entities from paragraph 1 of this Article could have achieved on the basis of established obligations to provide universal service. The report of the independent auditor shall also constitute an integral part of the annual report, in accordance with paragraph 4 of this Article.
The regulator, within three months from the date of receipt of the operator's request from paragraph 2 of this Article and of the documentation in accordance with the act from paragraph 3 of this Article, shall issue a resolution determining the amount of excessive net costs.
Method of Providing Funds for Reimbursement of Excessive Costs
Article 65
Funds for reimbursement of excessive costs shall be provided from the funds paid by business entities for the purpose of universal service financing, to a special account maintained with the Regulator.
The amount of funds for each business entity to be paid for the purpose of financing excessive net costs of providing universal service services in the previous calculation period shall be determined by the Regulator by means of a resolution, in proportion to the share of the business entity according to the realized income on the market, in accordance with the methodology established by the act from Article 64, paragraph 3 of this Law.
Determining the amount of funds referred to in paragraph 2 of this Article shall be carried out with respect for the principles of transparency, non-discrimination and proportionality, and taking into account that market relations are disturbed in the least possible way.
X MARKETS SUSCEPTIBLE TO EX ANTE REGULATION AND OBLIGATIONS OF A BUSINESS ENTITY WITH SIGNIFICANT MARKET POWER
Identification of Markets Susceptible to Ex Ante Regulation
Article 66
In accordance with the provisions of this Law, a market susceptible to ex-ante regulation shall be a market having high structural, regulatory and other durable obstacles that prevent the entry of new competitors, where it is not possible to ensure the development of effective competition, including competition in terms of infrastructure, without ex-ante regulation, and whose perceived shortcomings cannot be eliminated only by applying regulations on competition protection (hereinafter: the relevant market).
The Regulator shall determine the relevant markets with the application of the appropriate recommendations of the European Union on markets subject to ex-ante regulation, considering national specificities and taking into account, inter alia, the degree of competition in terms of infrastructure on them and, where relevant, the results of a geographical survey of the spread of broadband networks, to the extent they are available.
Article 67
At least once every five years, the Regulator shall perform an analysis of the existing relevant markets (hereinafter: market analysis), i.e. at least once every three years an analysis of new markets that are not subject to regulation, taking into account to the greatest extent possible, the appropriate recommendations of the European Union on market analysis and determining significant market power.
When conducting a market analysis, the Regulator shall take into account the following circumstances:
1) The development of the market in the following period and the probability that the relevant market will move in the direction of the development of effective competition;
2) All significant restrictions on competition at the wholesale and retail level, regardless of whether the reasons for such restrictions originate in electronic communication networks, electronic communication services or other types of services that are comparable for the end user, regardless of whether such restrictions are part of the relevant market;
3) Regulatory measures that affect the relevant market or related retail market, including obligations from Art. 55 and 58 of this Law;
4) Regulation of other relevant markets in accordance with this Law.
In the process of market analysis, prior to conducting public consultations, the Regulator shall cooperate with the authority responsible for the protection of competition.
The Regulator shall conduct public consultations in the process of issuing reports on market analysis in accordance with Articles 36 and 37 of this Law.
The Market Analysis Report shall be published by the Regulator on its website.
Criteria for Determining the Business Entity with Significant Market Power
Article 68
A business entity has significant market power on the relevant market if, either individually or jointly with other business entities, it has a dominant position, i.e. a position allowing it to behave, to a significant extent, independently of competitors, its users and, ultimately, consumers.
When determining significant market power, the Regulator shall take into account the appropriate European Union guidelines on market analysis and determination of significant market power to the greatest extent possible.
In determining individual significant market power, the following shall particularly be taken into consideration:
1) Market share of the business entity;
2) Obstacles to entering the market;
3) Existence of barriers to expansion;
4) Absolute and relative size of the business entity;
5) Control over infrastructure whose scope cannot be easily replicated;
6) Technological and commercial advantages of the operator that enable it to have a dominant position on the market;
7) Lack or low level of bargaining power of buyers;
8) Easy or privileged access to capital markets i.e. financial resources;
9) Degree of diversification of products or services (e.g. bundled products or services);
10) Economy of scale;
11) Economy of scope;
12) Direct effects of network externalities related to the usefulness of a product or service that grows with the increase in the number of users and indirect effects of network externalities related to the usefulness of products or services that grow with the creation of complementary products or services;
13) Degree of vertical integration;
14) High level of development of the distribution and sales network;
15) Conclusion of long-term and sustainable access contracts;
16) Participation in contractual relations with other market participants that could lead to the prevention of market entry;
17) Lack of potential competition.
Joint significant market power is a power shared by two or more business entities, which are legally independent, if they are connected by economic ties, have a common business interest, i.e. they jointly perform or act as one participant in the relevant market.
Joint significant market power, apart from express or tacit agreements, concerted action or other legal, structural or economic ties, may also be based on other forms of connection and depends on an economic assessment, and particularly on an assessment of the structure of the relevant market.
When determining the joint market power, the following shall be particularly taken into account:
1) Market transparency which enables coordinated joint action;
2) Existence of tacit concerted action;
3) Possibility of a predictable reaction of current and future competitors and consumers that can affect the results expected from joint action;
4) Degree of market concentration;
5) Similarity of market shares;
6) Low demand elasticity;
7) Stagnation or moderate growth in demand;
8) Homogeneity of products;
9) Similarity of cost structure and commercial offers;
10) Vertical integration with associated denial of access;
11) Spread of infrastructure;
12) High legal or economic barriers to entering the market;
13) Lack of bargaining power of customers;
14) Absence of potential competition;
15) Existence of other different informal and other links between operators.
When determining the significant market power of a business entity on a certain market, its significant market power can also be determined on a closely connected market, if the connections between these markets are such that power from one market can be transferred to a closely connected market in a way that strengthens the market power of the business entity.
The provisions of paragraph 7 of this Article shall also be applied mutatis mutandis when determining the joint significant market power of a business entity.
Determining a Business Entity with Significant Market Power
Article 69
When the Regulator, on the basis of a previously conducted market analysis, determines the absence of effective competition on the relevant market (as well as on a closely connected market), it shall, by virtue of a resolution, determine a business entity that, individually or together with other business entities, has significant market power on that market (hereinafter: business entity with SMP).
By virtue of the resolution referred to in paragraph 1 of this Article, the Regulator shall impose at least one obligation from Article 70 of this Law and obligations from Art. 77-82 of this Law, on a business entity with SMP.
In the process of passing the resolution referred to in paragraph 1 of this Article, the Regulator shall invite all interested parties to give opinions of importance for determining the obligations of business entities with SMP in accordance with Articles 36 and 37 of this Law and, if necessary, request the opinion of the authority responsible for the protection of competition.
The Regulator shall monitor the implementation of obligations imposed on the business entity with SMP and ex officio review the adopted resolution at least once during the period for the implementation of the market analysis procedure referred to in Article 67, paragraph 1 of this Law, and decide on the obligations of business entities with SMP according to the determined situation.
When the Regulator, on the basis of the previously conducted market analysis, determines that there is effective competition on the relevant market and passes an act determining the relevant market whereby the market where the business entity has been declared an operator with SMP is not determined as subject to ex ante regulation, it shall cancel the resolution from paragraph 1 of this Article, and to inform the business entity thereof.
The Regulator should provide an appropriate time limit for notifying all parties to whom the cancellation of regulatory obligations relates to, and which ensures a sustainable transition for users of those obligations and end users, the possibility of choice for end users, taking into account that regulatory obligations are not retained longer than necessary. The Regulator may establish specific conditions and deadlines for notification in relation to existing access and interconnection agreements.
Obligations of Business Entities with Significant Market Power
Article 70
The resolution that determines a business entity with SMP may stipulate the following obligations:
1) Publication of certain data;
2) Non-discriminatory treatment;
3) Accounting separation;
4) Access to construction infrastructure;
5) Access and use of network elements and associated means;
6) Price control and application of cost accounting;
7) Providing retail services under certain conditions.
Obligations referred to in paragraph 1 of this Article should be proportionate, taking into account previous investments, encouragement of further investments and opportunities for investment return at a reasonable rate considering the associated risks, justified - considering the objectives from Article 7, paragraph 4 of this Law, and based on the market analysis and the nature of identified shortcomings in the market.
The regulator shall monitor the situation and changes in the market, especially in connection to commercial contracts between business entities, including joint venture contracts that affect the state of competition on the market.
If the changes referred to in paragraph 3 of this Article do not require a new market analysis procedure, the Regulator shall assess without delay whether it is necessary to review the obligations imposed on the business entity with SMP.
In the process of canceling or establishing new obligations referred to in paragraph 4 of this Article, the Regulator shall act in accordance with the provisions of the Law on General Administrative Procedure.
Obligation to Publish Certain Data
Article 71
The obligation to publish certain data shall refer in particular to accounting data, technical specifications, network characteristics and expected development, terms of offer and use (including restrictions, which in particular relate to the replacement of traditional infrastructure), the offer and price validity periods, in connection to the services of interconnection and access.
A business entity with SMP that has been obligated to a nondiscriminatory conduct referred to in Article 72 of this Law shall, at the request of the Regulator, within 60 days from the date of receipt of the request, prepare and publish a standard offer for interconnection and access.
A business entity with SMP that has been obligated to enable access and use of network elements and associated means from Article 75 of this Law, shall, at the request of the Regulator, within 60 days from the date of receipt of the request, prepare and publish a standard offer for access.
The standard offer referred to in paras. 2 and 3 of this Article shall be drawn up in accordance with the needs of the market and shall contain a description, technical and commercial conditions for interconnection, access to network elements and associated means and unbundled access to the local loop.
The standard offer must be divided into individual components to the extent that it allows the interested operator to choose a certain component of the offer, without the obligation to accept other components of the offer which he does not need when providing the service that is the subject of interconnection, i.e. access.
The regulator shall prescribe in more detail the minimum content, level of detail and method of publication of the standard offer referred to in paras. 2 and 3 of this Article.
If a business entity with SMP fails to comply with the request of the Regulator referred to in paras. 2 and 3 of this Article or if the Regulator determines that the standard offer was not made in accordance with the act referred to in paragraph 6 of this Article, the Regulator shall issue a resolution prescribing the content of the standard offer.
Obligation of Non-discriminatory Conduct
Article 72
The obligation of non-discriminatory conduct shall refer to the equal treatment by a business entity with SMP of other business entities when providing interconnection and access services in comparable circumstances.
The business entity with SMP shall, in accordance with the obligation from paragraph 1 of this Article, provide access and information to other business entities under equal conditions and time limits, including conditions regarding prices and quality levels of services, and by using the same systems and processes as it does so for its own needs, i.e. for the needs of related entities or partners in order to ensure equality of access.
Obligation of Accounting Separation
Article 73
The obligation of accounting separation shall refer to the separate accounting monitoring of the business activities of operators with SMP in connection to the provision of interconnection and access services, i.e. services on regulated markets whereon the operator has significant market power.
The method for applying the separate accounting shall be determined in more detail by the resolution which determines the operator with SMP.
The regulator shall be authorized to require that the business entity with SMP, as well as its related parties, publish their wholesale and internal transfer prices, especially for the purpose of fulfillment of the obligation of non-discriminatory treatment and prevention of unfair cross-subsidizing.
The Regulator shall be authorized to, especially for the purpose of verifying the fulfillment of the obligations of publishing certain data and engagement in non-discriminatory conduct, request from the business entity an insight into concluded contracts, accounting data, including data on revenues generated on the market, as well as to publish this data, if that would contribute to the development of effective competition, ensuring not to significantly jeopardize the operator's business.
The Regulator shall more closely regulate the application of separate accounts and reporting by operators with SMP.
Obligation of Access to Construction Infrastructure
Article 74
The obligation of a business entity with SMP to provide access the construction infrastructure shall refer to enabling other operators to, upon justified request, gain access to and use the construction infrastructure, including, but not limited to, buildings or entrances to buildings, cable ducts, lines in buildings, antennas, towers and other supporting structures, poles, conducting pipes and channels, manholes and distribution cabinets.
The obligation of access to construction infrastructure shall be determined only in situations where the Regulator, based on a previously conducted market analysis, concludes that denying access, or providing access under irrational conditions, would slow down the development of competition and would not be in the interest of end users.
The Regulator can impose the obligation of access to construction infrastructure regardless of whether the construction infrastructure from paragraph 1 of this Article belongs to the relevant market that is the subject of market analysis, provided that this obligation is proportionate and necessary for the achievement of the goals defined in article 7, paragraph 4 of this Law.
Obligation to Access and Use Network Elements and Associated Facilities
Article 75
The obligation of access to and use of network elements and associated means shall refer to enabling other business entities to, upon justified request, access and use certain network elements and associated means of the operator with SMP.
The obligation from paragraph 1 of this Article shall be imposed especially if it is determined that denying access, unjustified conditions or similar restrictions by a business entity with SMP, would prevent the development of competition at the retail level or threaten the interests of end users.
When determining the obligation from paragraph 1 of this Article, a business entity with SMP can be ordered to:
1) Enable a business entity to access certain network elements and associated means, including access to passive network elements and unbundled access to the local loop and sub-loop;
2) Enable a business entity to access certain active or virtual network elements and services;
3) Negotiate in good faith with the business entity that requests access;
4) Not terminate the already approved access of the business entity to the elements of the network and the associated infrastructure;
5) Provide certain services to other business entities under wholesale conditions;
6) Enable a business entity to access freely to technical interfaces or other key technologies necessary to ensure the interoperability of services or virtual network services;
7) Enable co-location to a business entity i.e. another form of shared used of associated means;
8) Provide services to a business entity needed for ensuring interoperable services for connecting end users, including services of intelligent networks or roaming in mobile networks;
9) Enable access to a business entity to operational support systems or similar software systems, in order to ensure fair competition in the provision of electronic communications services;
10) Provide a business entity with the interconnection of networks and associated means;
11) Provide a business entity with access to related services, such as services based on data on the user's identity, location and availability.
The measures from paragraph 3 of this Article can be supplemented with additional requirements regarding good faith, fairness and timeliness.
When imposing the measures referred to in paragraph 3 of this Article, special attention shall be paid to the proportionality of obligations and the following shall be taken into account:
1) Technical and economic sustainability of usage or installing of assets belonging to another business entity, from the point of view of market development and the nature of interconnection, i.e. access, including the sustainability of other ways to secure access, such as the use of cable pipes and cable ducts;
2) Expected technological development that affects the design and management of the network;
3) The need to ensure technological neutrality;
4) The feasibility of enabling the proposed access, in relation to the available capacities;
5) Initial investments of the asset owner, taking into account investments from budget funds and related risks, especially taking into account investments in very high-capacity networks and related risks;
6) The need to protect competition in the long term, especially economically effective competition at the infrastructure level;
7) Protection of intellectual property rights;
8) Obligations arising from relevant international agreements.
Before determining the obligations from this Article, the Regulator shall examine whether the imposing of obligations based on Article 74 of this Law would be sufficient to encourage competition and ensure the protection of the interests of end users.
When determining the obligations from this Article, the Regulator may prescribe technical and organizational conditions that must be met by business entities with SMP and business entities that request from them the access and use of network elements and associated means, when that is necessary to ensure the unhindered functioning of the network.
Obligation of Controlling Prices and Applying Cost Accounting
Article 76
The obligation of controlling prices and applying cost accounting shall refer to the application of the prescribed mechanism for reimbursement of costs and price control of the business entity with SMP, including the obligation of cost-based pricing and application of cost accounting, in connection to interconnection and access services.
The obligation from paragraph 1 of this Article shall be imposed in particular if it is established that the absence of effective competition enables the business entity with SMP to maintain unreasonably high prices or squeeze out competitors with low prices to the detriment of end users.
The application of a certain mechanism for cost compensation and price control shall be carried out in a way that encourages the development of new and improved networks, ensures efficiency, sustainable competition and the welfare of end users, while the prices on comparable markets can be taken into account, as well as the retail prices of the business entity with SMP.
The established mechanism of price control and the application of cost accounting should be aimed at promoting competition and the long-term interest of end users in relation to the development and connection to new generation networks, especially very high-capacity networks, and for the purpose of encouraging further investments, including investments in new generation networks, taking into account the previous investments of the business entity with SMP.
Should the Regulator assess that the determination of obligations from paragraph 1 of this Article is justified, it shall enable the business entity with SMP a reasonable rate of return on investment, taking into account all risks related to investments in the development of network infrastructure.
Obligations referred to in paragraph 1 of this Article do not have to be imposed on a business entity with SMP, if it is established that there is a significant limitation of retail prices resulting from competition on the retail market, and that the obligations from Articles 71-75 of this Law, including the price scissors test, enable an effective and non-discriminatory approach.
Should the Regulator assess that the imposition of obligations from paragraph 1 of this Article is justified for services of access to existing network elements, it shall take into account the advantages of predictable and stable wholesale prices for the purpose of enabling efficient entry on the market and providing sufficient incentive for the development of new and improved networks.
The business entity with SMP shall bear the burden of proving that the prices of its services are derived from costs, including return on investment at a reasonable rate, and shall submit a detailed justification of its prices at the request of the Regulator.
When determining the costs of the effective provision of services, the Regulator may apply a different cost accounting methodology than that applied by the business entity with SMP and may ask for a detailed explanation of the prices of the business entity with SMP, and if necessary, may also order price adjustments.
In case of imposing the obligation on a business entity with SMP to apply cost accounting in order to control prices, the Regulator shall determine and publish the method of applying cost accounting, which shall, at least contain the basic groups of costs and the rules for distributing those costs, and hire an independent auditor to annually check the compliance of the cost accounting by the business entity with SMP with the prescribed method of application of cost accounting.
The auditor’s report from paragraph 10 of this Article shall be published on the website of the Regulator.
The Regulator shall prescribe in more detail the application of the cost principle and reporting by the business entity with SMP.
Joint Investments in Very High-Capacity Networks
Article 77
In accordance with the procedure established by Article 80 of this law, a business entity with SMP can make an offer for joint investment in construction of a new network of very high-capacity, through co-ownership or long-term risk sharing by means of joint financing or a purchase agreement, whereby other business entities acquire special rights.
The Regulator shall evaluate the offer referred to in paragraph 1 of this Article and determine whether the offer meets the conditions especially in terms of:
1) Whether the offer during the service life of the network is open to any business entity, while it may contain reasonable conditions regarding the financial capacity of the business entity;
2) Whether the offer is transparent which in particular implies:
(1) That the offer is available and easy to find on the website of the business entity with SMP,
(2) That full and detailed conditions are made available without delay to the interested business entity, including the legal form of the joint venture agreement, as well as, if relevant, the main principles of the rules of management in the joint venture instrument,
(3) That the process, as well as the plan for the establishment and development of the joint venture project, are determined in advance and are clearly explained in writing to each potential co-investor, while all key outcomes are presented to all participants without discrimination;
3) Whether it enables other co-investors – business entities efficient and long-term sustainable market competition on the retail markets where the business entity with SMP is present under conditions that include:
(1) Fair, reasonable and non-discriminatory conditions which allow access to the full capacity of the network to the extent in which it is the subject of a joint investment, inter alia, in terms of the financial contribution required for the acquisition of certain rights, the protection provided to co-investors based on those rights during the construction phase and stage of use, as well as in terms of the conditions for joining a joint venture agreement, i.e. for potential termination of that agreement, whereby non-discriminatory conditions do not imply that all potential co-investors must be offered equal conditions, including financial conditions, but that differences in those conditions should be based on the same objective, transparent, non-discriminatory and predictable criteria,
(2) Flexibility regarding the amount and time schedule of the contribution of each co-investor, including the possibility of increasing contribution in the future, whereby the determination of the financial contribution which should be provided by each co-investor, should reflect the fact that earlier co-investors undertake greater risks and engage capital earlier,
(3) A premium that increases over time and is considered justified for commitments undertaken in later stages and for new co-investors who access the joint venture after the start of the project, reflecting the reduction of risk and the neutralization of attempts to retain capital in earlier stages,
(4) A joint venture agreement that enables the transfer of the acquired rights of the co-investor to other co-investors or third parties who wish to access the joint venture agreement, with the condition that they fulfill all original commitments of the co-investor which transfers the commitments on the basis of the joint venture agreement;
4) Reciprocal rights to fair and reasonable conditions of access to the infrastructure that is the subject of joint investment, which is provided to the co-investors after the construction of such infrastructure, in accordance with the transparent conditions that should be included as such in the offer and in the joint venture agreement, especially if the co-investors are individually and separately responsible for the construction of certain parts of the network, and where a joint venture instrument is established, it is necessary to provide, directly or indirectly, access to the network to all co-investors on the basis of equality of contribution and in accordance with fair and reasonable conditions, including financial conditions that reflect different degrees of risk undertaken by individual co-investors;
5) Whether it was published in a timely manner, at least six months before the start of the construction of the new network, if the business entity with SMP is not a business entity that provides only wholesale services, or longer depending on national circumstances;
6) Whether business entities that require access to elements of the very high-capacity network and that do not participate in the joint investment can use the same quality, speed, conditions and access to end users that were available before the construction of the new very high-capacity network, with a gradual adjustment mechanism that was approved by the Regulator, taking into account the trends in the connected retail markets, which maintains the incentive for participating in the joint venture, thus enabling with such a mechanism that business entities seeking access have access to elements of very high-capacity in that network at the same moment and on the basis of transparent and non-discriminatory conditions, which reflect the degree of risk of individual co-investors in different stages of construction, and takes into account the degree of competition in retail markets.
Should the Regulator assess that the offer meets the requirements from paragraph 2 of this Article, it shall determine by virtue of a resolution all or some of the offered obligations of the business entity with SMP as binding in accordance with Article 80, paragraph 6 of this Law and it shall not determine additional obligations from Article 70 of this Law with regard to the elements of the new very high-capacity network that are the subject of the offer, if at least one potential co-investor has concluded a joint venture agreement with a business entity with SMP.
In exceptional circumstances the Regulator may also prescribe obligations from Article 70 of this Law regarding the new very high-capacity network that is the subject of the offer, when it determines that deficiencies in the efficiency of competition on a certain market cannot be eliminated without regulatory intervention.
The Regulator shall monitor on regular basis the compliance with the conditions referred to in paragraph 2 of this Article and may request the submission of an annual statement of compliance from a business entity with SMP.
The Regulator, in accordance with Article 25 of this Law, shall decide on the rights and obligations between business entities in connection with a joint venture agreement that meets the requirements of paragraph 2 of this Article.
The joint investment, from paragraph 1 of this Article, made by two or more market participants, may also be subject to assessment in accordance with the regulations governing the protection of competition.
Functional Separation of Vertically Integrated Business Entity
Article 78
If the Regulator assesses that, and with the application of obligations specified in Articles 71-76 of this Law, effective competition on the market has not been achieved and that there are significant and permanent obstacles in terms of competition or deficiencies in connection with the provision of certain wholesale access services on the relevant market, the Regulator may, as an exceptional measure, impose an obligation on a vertically integrated business entity to extract the activities in connection with the provision of certain wholesale access services to a separate business unit, which shall has a legal status of a related company or branch office, in accordance with the law regulating the legal status of companies.
The separate business unit referred to in paragraph 1 of this Article shall provide access products and services to all business entities, as well as to other business entities within the parent company, through the same systems and procedures and under the same time limits and conditions, including conditions regarding prices and service quality levels.
The Regulator shall obtain a prior consent of the Government before imposing the obligation of functional separation from paragraph 1 of this Article. The Regulator shall, for the purpose of obtaining the consent, submit a proposal to the Government that includes:
1) Evidence that justifies the Regulator's assessment referred to in paragraph 1 of this Article;
2) An explained assessment of the fact that, within a reasonable time frame, opportunities for effective and sustainable competition involving infrastructure are unlikely or non-existent;
3) Analysis of the expected impact of the decision on the functional separation of the business entity with SMP on:
- Market regulation,
- The business entity referred to in paragraph 1 of this Article, and in particular on employees in a separate business unit,
- Incentives for investment in the electronic communications market, as well as in that market as a whole, especially with regard to the need to ensure social and territorial cohesion,
- Other market participants, especially on the expected impact on competition and all potential side effects on consumers;
4) Analysis of the reasons justifying the determination of the obligation referred to in paragraph 1 of this Article as the most effective means for solving identified problems related to competition or deficiencies in the relevant market.
The resolution of the Regulator imposing the obligation from paragraph 1 of this Article shall contain:
1) A clearly described nature and level of separation, especially the legal status of the separate business unit;
2) Determined assets of the separate business unit and the products and services it will provide;
3) Provisions on the method of management that ensures the independence of employees in the separate business unit, and on the employee reward system;
4) Rules that ensure the fulfillment of prescribed obligations;
5) Rules ensuring the transparency of operational procedures, especially towards other market participants;
6) Rules and monitoring program that ensure compliance with prescribed obligations, including the publication of the annual report.
The regulator shall conduct a comparative analysis of other relevant markets connected to the access network and after carrying out the public consultations procedure set forth in Articles 36 and 37 of this Law, it shall determine, maintain, change or cancel the obligations from Articles 71-76 of this Law.
The business entity charged with the obligation of functional separation from paragraph 1 of this Article may also be charged with some of the obligations from Art. 71-76 of this Law in the market where it is designated as a business entity with SMP.
Voluntary Separation of a Vertically Integrated Business Entity
Article 79
A business entity with SMP in one or more relevant markets shall notify the Regulator at least three months in advance of the intention to dispose of its access network or a significant part thereof, or of the intention to establish a separate business unit, through which it would provide wholesale access services under equal conditions to all business entities that provide services on the retail market, including to its own retail business units. The business entity with SMP shall keep notifying the Regulator of all changes related to the intention of transfer from this paragraph, as well as about the outcome of the separation procedure.
The separate business unit from paragraph 1 of this Article may have the legal status of a related company or a branch office, in accordance with the law regulating the legal status of companies.
The business entity with SMP may undertake to offer conditions for access to its network during and after the implementation of the separation to enable efficient and non-discriminatory access to third parties. The offer must be sufficiently detailed, including deadlines for implementation, so that the Regulator could perform the assessment referred to in paragraph 4 of this Article.
The Regulator shall assess the effects of the planned separation together with obligations from paragraph 3 of this Article, if they exist, on the existing obligations of the business entity with SMP, and, for this purpose, it shall conduct a comparative analysis of other relevant markets that are connected to the access network.
The Regulator shall consider all the obligations undertaken by the business entity, respecting the objectives stated in Article 7, paragraph 4 of this Law and on the proposed obligations in the analysis report from paragraph 4 of this Article, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law.
Based on the conducted analysis, the Regulator shall issue a resolution to determine all or certain offered obligations as binding and determine the period of their duration, which may be the same as the period specified in the offer from paragraph 3 of this Article.
The Regulator may impose on a separated, special business unit that was proclaimed a business entity with SMP, any of the obligations from Articles 71-76 and Article 81 of this Law, if applicable.
The Regulator shall monitor the implementation of the obligations of the business entity with SMP to which it has committed itself in paragraph 3 of this Article and shall deliberate on their extension when the period for which they were originally offered, expires.
Procedure for Assuming Obligations
Article 80
A business entity with SMP can make an offer that includes obligations related to conditions for access to its network and/or conditions for joint investment, which shall, especially refer to:
1) Commercial contracts, relevant for the assessment of appropriate and proportional obligations in accordance with Article 70 of this Law;
2) Joint investment in very high-capacity networks in accordance with Article 77 of this Law or
3) Efficient and non-discriminatory approach during the voluntary separation of a vertically integrated business entity, as well as after the separation in accordance with Article 79 of this Law.
The offer must be sufficiently detailed, including duration and scope of implementation, so that the Regulator could perform the assessment referred to in paragraph 3 of this Article. The offer may last longer than the period for conducting the procedure of analysis of the relevant markets based on Article 67, paragraph 1 of this Law.
In order to evaluate the offer from paragraph 1 of this Article, the Regulator shall conduct public consultations and invite all interested parties to give opinions in accordance with Articles 36 and 37 of this Law. Public consultations shall not be conducted if it is clear that the offer does not contain all necessary elements and conditions referred to in paras. 2 and 4 of this Article.
When evaluating the offer from paragraph 1 of this Article, the Regulator shall, in particular ensure that:
1) Obligations are offered under fair and reasonable conditions;
2) Offered obligations are available to all market participants;
3) The offered obligations of access, inter alia, to very high-capacity networks, are available in a timely manner and under fair, reasonable and non-discriminatory conditions, before the start of the provision of related retail services and
4) The offered obligations are appropriate and enable sustainable market competition on connected markets and facilitate the joint construction and use of very high-capacity networks in the interest of end users.
Following the conducted public consultations, the Regulator shall inform the business entity with SMP on the fulfillment of the conditions from this Article and, if applicable, from Articles 70, 77 and 79 of this Law. Upon receiving notification of non-fulfillment of conditions, the business entity with SMP shall review the offer in order to fulfill the conditions from this Article and, if applicable, from Articles 70, 77 and 79 of this Law.
By virtue of a resolution, the Regulator shall determine all or individual, offered obligations of a business entity with SMP as binding and specify the period of their duration, which in the case of a joint investment from Article 77 of this Law cannot be shorter than seven years.
In relation to Article 77 of this Law, this Article shall not bring into question either the application of the procedure of analysis of relevant markets from Article 67 of this Law, or the determination of regulatory obligations from Article 70 of this Law and obligations from Articles 77-82 of this Law.
In the procedure of analyzing the relevant markets, the Regulator shall assess the effects of the determined obligations from paragraph 6 of this Article on market development and the appropriateness of the obligations that have been imposed on the business entity with SMP or would be considered in the market analysis procedure.
The Regulator shall monitor the fulfillment of obligations from paragraph 6 of this Article and consider their extension following the expiry of the period for which they were determined.
Business Entities that Provide only Wholesale Services
Article 81
A business entity that provides only wholesale services on the electronic communications market is a business entity that is designated as a business entity with SMP on one or more wholesale markets, that does not provide retail services of electronic communications to end users and that meets the following conditions:
1) All companies and business units of a business entity, as well as all companies that are under the control of the same owner, even though they are not fully owned by him, perform activities only on the wholesale market of electronic communications and do not provide retail services of electronic communications to end users;
2) A business entity has no contractual obligation to cooperate with the business entity that operates on the retail market of electronic communications and provides services to end users on the basis of an exclusive right established by a contract or a contract that is considered to contain an exclusive right.
If the conditions from paragraph 1 of this Article are met, the Regulator can prescribe only obligations that relate to the obligation of non-discriminatory conduct in accordance with Article 72 of this Law and the obligation of access to network elements and associated means in accordance with Article 75 of this Law, or which refer to fair and reasonable pricing in accordance with Article 76, paragraph 6 of this Law, if that is justified on the basis of market analysis, including the future assessment of the expected behavior of the business entity with SMP.
The Regulator shall review the determined obligations at any time if it concludes that the conditions from paragraph 1 of this Article are no longer met and, if appropriate, it shall determine the obligations in accordance with Articles 71-76 of this Law. The business entity shall notify the Regulator without delay of any change in the conditions referred to in paragraph 1 of this Article.
The Regulator shall review the obligations determined by this Article if, on the basis of evidence related to the conditions offered by the business entity on connected markets, it concludes that competition on the market is distorted, or will be in the future, to the detriment of end users, and then it shall have the right to determine one or more obligations related to the obligation to publish certain data, the obligation of accounting separation, the obligation of access to construction infrastructure or the obligation of price control and application of cost accounting, or to amend the obligations prescribed in paragraph 2 of this Article.
When determining the obligations and their review, the Regulator shall, with regard to the report, i.e. the amended report on the market analysis, conduct public consultations in accordance with Articles 36 and 37 of this Law.
Replacement of Traditional Infrastructure
Article 82
Business entities with SMP in one or more relevant markets shall notify the Regulator in advance and in a timely manner when they plan to cease using or replace parts of the network with new infrastructure, including the traditional infrastructure required for the operation of the network based on copper cables, to which the obligations determined based on Articles 70-81 of this Law apply.
The Regulator shall ensure that the termination of use or replacement is transparent and that it includes, among other things, an appropriate deadline for the transitional period and to provide access to the improved network infrastructure that is used instead of the replaced elements, if that is necessary for protection of competition and rights of end users.
With respect to infrastructure that ceases to be used or is replaced, the Regulator may cancel certain obligations from Articles 70-81 of this Law, if it establishes:
1) That the business entity providing the access service, established appropriate conditions for the replacement, including making available access of comparable quality as access that was available by using the traditional infrastructure and at the same time enabled operators to access the same end users and
2) That the business entity, the provider of access service, adheres to the conditions and procedures of which it has informed the Regulator, in accordance with this Article.
When cancelling certain obligations from Articles 70-81 of this Law, the Regulator shall, with regard to the amended market analysis report, conduct public consultations in accordance with Articles 36 and 37 of this Law.
Obligation to Provide Retail Services under Certain Conditions
Article 83
The obligation to provide retail services under certain conditions shall refer to the duty of a business entity with SMP to provide retail services under prescribed conditions on the relevant retail market.
The obligation from paragraph 1 of this Article shall be imposed when, based on a previously conducted market analysis, it is established that there is no effective competition on the relevant retail market and when it is assessed that the determination of other obligations from Article 70 of this Law would not be viable.
When determining the obligation referred to in paragraph 1 of this Article, taking into account the nature of the identified deficiency on the relevant market, as well as the proportionality and justification of the obligations in relation to the objectives referred to in Article 7, paragraph 4 of this Law, a business entity with SMP may be ordered to honor:
1) The prohibition of calculating excessive prices, prohibition of hindering entry into the market or limiting competition with too high or too low prices, prohibition of giving unjustified advantages to certain end-users, prohibition of unjustified tying of certain services and/or obtaining formal consent of the Regulator for the method of forming and changing the prices of services in the case of their tying into packages;
2) The limiting of the amount of retail prices, determining individual tariff control measures, as well as the obligation to set up prices based on service providing costs or prices on comparable markets.
If some of the obligations to control retail prices are imposed on a business entity with SMP, the Regulator shall also impose the obligation to apply cost accounting for the purpose of price control, while determining and publishing the method of applying cost accounting, and hire an independent auditor to annually check whether the business entity with SMP complies with the prescribed method of application of cost accounting when performing its own cost accounting.
The auditor’s report from paragraph 4 of this Article shall be published on the website of the Regulator.
Regulation of Roaming Services in Public Mobile Communication Networks
Article 84
The Regulator can impose on a business entity the prices of roaming services, prices of international termination and other elements of the prices of roaming services in public mobile communication networks by virtue of a resolution, without conducting a market analysis procedure, in accordance with international agreements.
The Regulator shall more closely prescribe the conditions for the provision of regulated roaming services in public mobile communication networks, including the rules on the application of the appropriate use policy and the methodology for assessing the sustainability of the abolition of retail roaming prices, as well as the transparency requirements related to the provision of regulated roaming services, in accordance with international agreements.
Numbering Management and Numbering Plan
Article 85
The Regulator shall manage and assign addresses and numbers (hereinafter: Numbering) as a limited asset, in a way that ensures their rational, even and effective use, respecting the principles of objectivity, transparency and non-discrimination.
The Regulator shall manage and assign Numbering from paragraph 1 of this Article in accordance with the Numbering Plan.
The Numbering Plan shall determine the purpose of Numbering, ensure equal availability of Numbering for all electronic communication services, i.e. for all business entities that provide these services, ensure the availability of Numbering under certain conditions for the provision of special services by a person who is not an operator and/or a provider of an electronic communication service, provide the conditions for number portability, introduction of new electronic communication services, as well as fulfillment of obligations arising from relevant international regulations, contracts and agreements.
The Regulator shall adopt the Numbering Plan, as well as amendments thereto, after the public consultation procedure has been carried out in accordance with Articles 36 and 37 of this Law, taking into account that the needs of business entities and persons who are not operators and/or providers of electronic communication services in relation to the assignment of Numbering are met in a transparent, objective, even and impartial manner.
The Regulator shall publish the Numbering Plan on its website.
The Regulator shall regularly review the Numbering Plan and proposes its changes to fulfill the obligations based on international regulations, contracts or agreements, to align with the European Union regulations, BEREC guidelines or to protect the availability of Numbering, considering the effectiveness of such changes, especially direct and indirect adjustment costs that may be incurred by operators or users in that case.
The Regulator shall not limit the number of individual rights of use that are granted, except when it is necessary to ensure the efficient use of Numbering resources.
Permit for the Use of Numbering
Article 86
The right to use Numbering shall be acquired on the basis of a permit to use numbering, which shall be issued by virtue of a resolution.
The resolution from paragraph 1 of this Article shall be passed by the Regulator, at the request of a business entity or person who is not an operator and/or a provider of an electronic communication service, especially considering his ability to use the assigned Numbering in accordance with the Numbering Plan and the availability of Numbering.
The persons referred to in paragraph 2 of this Article must prove the ability to manage numbers.
The Regulator can decide to suspend granting of rights to use numbers to the persons referred to in paragraph 2 of this Article, if it determines the existence of a risk of exhaustion of numbers.
In the process of assessing the ability of persons referred to in paragraph 2 of this Article to use granted Numbering and assessing the risk of number exhaustion, the Regulator shall take into account the BEREC guidelines on common criteria for assessing the ability to manage number resources and assessing the risk of number exhaustion.
The person referred to in paragraph 2 of this Article who has been granted the right to use the Numbering must not act in a discriminatory manner towards other operators and/or service providers with regard to the Numbering used for access to his services.
The request referred to in paragraph 2 of this Article shall contain data on:
1) The applicant's identity and address;
2) The type of electronic communication network or electronic communication service for which the granting of Numbering is requested;
3) Numbering, the granting of which is requested;
4) The need of Numbering and its purpose of use;
5) The planned time limit for beginning of use of Numbering;
6) The period for which granting of numbering is requested.
The request referred to in paragraph 2 of this Article shall be submitted on a form prescribed by the Regulator.
The Regulator may, if necessary, also demand from the requester referred to in paragraph 2 of this Article, additional data that it considers essential in the process of resolving such a request.
Decision-making on the requests referred to in paragraph 2 of this Article shall be made according to the order of submission, within the shortest period from the day of submission of the proper request, which cannot be longer than 21 days.
The Regulator can limit the number of permits for the use of Numbering that it issues, only if it is necessary to ensure the efficient use of Numbering resources.
The request from paragraph 2 of this Article may be declined if it is not in accordance with the Numbering Plan, if the requested Numbering is not available or if the Numbering is not used efficiently.
Content of the Permit for the Use of Numbering
Article 87
The resolution on issuing of the permit to use the Numbering shall contain data on:
1) The holder of permit for the use of Numbering;
2) Granted Numbering;
3) The period to which the Numbering was granted;
4) The time limit in which the holder of the permit for the use of Numbering must start using the granted Numbering;
5) The purpose for which the right to use the Numbering is granted;
6) The method of ensuring efficient and rational use of Numbering, including the method of keeping records of used Numbering and notifying the Regulator of the degree of utilization;
7) Portability of numbers in accordance with this Law;
8) Obligation to provide information on end users from public directories in accordance with Article 151 of this Law;
9) Obligations related to the use of granted numbering, which result from appropriate international regulations, contracts and agreements, as well as European Union regulations;
10) Transferring the right to use Numbering.
The resolution from paragraph 1 of this Article may also contain other data, if these data are related to the prescribed conditions for issuing a permit for the use of Numbering or stem from appropriate international regulations, contracts and agreements, as well as regulations of the European Union.
The resolution referred to in paragraph 1 of this Article shall be published on the website of the Regulator.
The holder of the permit for using Numbering shall inform the Regulator about the change in data from paragraph 1, item 1) of this Article within 30 days from the occurrence of the change.
Duration and Extension of Validity of the Permit to Use Numbering
Article 88
The permit to use Numbering shall be issued for a period that cannot be shorter than one year, except in special cases of public interest, and which cannot be longer than ten years.
The permit to use numbering can be extended under the conditions that apply to the issuance of a new permit and for a period that cannot be longer than the period for which a new permit can be issued.
The holder of the permit for the use of numbering shall submit to the Regulator a request for the extension of the duration of the permit within a time limit that is neither shorter than 30 days, nor longer than 90 days, prior to the expiration of the validity of that permit.
Allocation of Numbering of Exceptional Economic Value
Article 89
The Regulator may, after the conducted procedure of public consultations in accordance with Articles 36 and 37 of this Law, decide to determine a part of the numerical space of exceptional economic value.
The right to use the numerical space referred to in paragraph 1 of this Article shall be granted by the Regulator based on a previously conducted public bidding procedure. The content, procedure, conditions and deadlines for the implementation of public bidding, as well as the selection criteria from paragraph 3 of this Article shall be regulated in more detail by the decision of the Regulator.
The selection criteria, based on which the Regulator shall select one or more bidders in the public bidding procedure from paragraph 2 of this Article, must be based on the principles of objectivity, transparency, proportionality and non-discrimination, while the goals from Article 7 paragraph 4 of this Law should especially be considered.
Based on the selection criteria from paragraph 3 of this Article, and after evaluating all bids received in the public bidding procedure from paragraph 2 of this Article, the Regulator shall pass a reasoned decision on:
1) The selection of one or more of the most favorable bids, depending on the available numerical space for which public bidding was announced, while the numerical space shall be assigned to the selected bidder by virtue of such decision, or
2) Annulment of public bidding, if none of the bids received in the public bidding procedure referred to in paragraph 2 of this Article meets the selection criteria referred to in paragraph 3 of this Article.
The decision on awarding the numerical space referred to in paragraph 4 of this Article shall be made by the Regulator within a period that cannot be longer than 21 days from the day of the announcement of the public bidding, but which can be extended by a maximum of 21 days.
Transfer of the Right to Use Numbering
Article 90
The holder of the permit for the use of numbering can transfer the right to use the Numbering to a third party which meets the requirements of Article 86, paragraph 2 of this Law, only with the previously obtained consent of the Regulator.
When deciding upon the request for the transfer of the right to use the Numbering to a third party, the Regulator shall issue a new resolution whereby the permit to use the Numbering is granted.
By transfer of the right to use Numbering, the purpose of addresses and numbers cannot be changed.
In the event of a change in status of the holder of the permit for the use of Numbering, which occurred in accordance with the Law regulating the legal status of companies, the transfer of the right to use the assigned Numbering can be done only based on an act drawn up in writing, to which the Regulator has previously given consent.
Data on the given consents from paras. 1 and 4 of this Article shall be published by the Regulator on its website.
Revoking the Permit for the Use of Numbering
Article 91
The Regulator shall decide by virtue of a resolution to revoke a permit for the use of Numbering, should it determine that:
1) The permit for the use of the Numbering was issued based on incorrect data, i.e. incorrect documentation of importance for decision-making;
2) The assigned Numbering is not used in accordance with the Numbering Plan or the issued permit for the use of Numbering;
3) The operator has not started using the assigned Numbering within the period prescribed in the resolution on granting of Numbering;
4) The holder of the permit for the use of the Numbering, even after receiving warning, did not pay the fee for the Numbering usage within the specified period;
5) The holder of the permit for the use of Numbering is prohibited from performing the activity of electronic communications in accordance with this Law or a final court judgement;
6) The holder of the permit for the use of Numbering has waived the right to use the assigned Numbering, in writing;
7) The holder of the permit for the use of Numbering has ceased to exist, without a legal successor;
8) The holder of the permit for the use of Numbering failed to eliminate the irregularities established in the inspection procedure;
9) Revoking of the assigned Numbering is necessary for complying with the amendments to the Numbering Plan, made with the goal to apply appropriate international regulations, contracts or agreements, regulations of the European Union or to achieve public interest that could not be satisfied in any other way.
Granting and revoking of Numbering shall be done individually or in blocks.
The holder of the permit for the use of Numbering whose Numbering has been revoked for the reasons specified in paragraph 1, item 9) of this Article, shall have the right to a Numbering replacement.
The Regulator shall issue a new permit for the use of Numbering at the request of the person referred to in paragraph 3 of this Article, taking into account proportionality, protection of the public interest and the economic consequences of a Numbering replacement.
The decision from paragraph 1 of this Article must contain an appropriate time limit in which the holder of the permit for the use of Numbering will be obligated to stop using the Numbering revoked by virtue of such decision.
In the case of revocation of the Numbering usage permit issued in the procedure referred to in Article 90 of this Law, for the reasons prescribed in paragraph 1, item 9) of this Article, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law.
Notwithstanding the provisions of paragraph 6 of this Article, public consultations shall not be conducted if the holder of the Numbering usage permit agrees with the proposed revocation of that permit.
Database on Usage of Numbering
Article 92
The Regulator shall maintain an up-to-date database on the use of Numbering, which shall, in particular, contain data on the assigned Numbering, with appropriate data on the conditions of assignment and use, the geographical area of their use, as well as of the persons referred to in Article 86, paragraph 2 of this Law to whom the numbering was granted.
The database from paragraph 1 of this Article shall contain data on persons who have been assigned numbers and codes for access to value-added services, as well as data on end users of these numbers and codes.
The Regulator shall publish and update the data from paragraph 1 of this Article on its website with the possibility of a comprehensive search.
Article 93
The provider of communication services among persons based on use of Numbering (number provider) shall enable his end user, upon request, to keep the assigned number from the Numbering Plan at the occasion of changing the service provider (number recipient), at a specific location to which the geographical access code refers, i.e. at any location, if the access code is not geographical.
The request for number porting shall be submitted by the end user to the recipient of the number.
The request from paragraph 2 of this Article shall also be considered a request for termination of the contract between the end user and the number provider on the use of services related to the number that is the subject of the porting request, and the contract shall be considered terminated on the date of the successful completion of the number porting procedure.
In the case where the end user terminates the contract, he may port the number to a new number recipient within 30 days from the date of termination of the contract with the number provider, unless the end user waives that right.
The end user shall, when submitting the request referred to in paragraph 2 of this Article, provide the recipient of the number in particular with data about his identity, the number being ported and the statement whereby obliging to settle all obligations arising from the contract referred to in paragraph 3 of this Article with the provider of the number originating until the moment of disconnection of the number from the number provider's network, under the threat of partial or complete suspension of service provision by the number recipient.
Data on the identity of the end user from paragraph 5 of this Article shall include: name and surname, unique citizen identification number and address of domicile, i.e. temporary residence of the natural person, passport number and country of issue for a foreign natural person, i.e. data important for the identification of a legal person in case the legal person is the requester.
The recipient of the number shall pay the number porting fee to the number provider, while the end users shall not pay the number porting fee.
The Regulator shall manage the information system for number porting and maintain a database of ported numbers, bearing in mind the protection of personal data, and it may enlist another legal person to perform the mentioned tasks.
The Regulator shall prescribe in more detail the conditions and method of number porting, including remote number porting in accordance with technical possibilities, deadlines and the amount of fees for number porting, as well as the amount of fees in case of exceeding the deadlines for number porting.
The number provider and the number recipient shall, in the shortest time limit possible, carry out the porting of the number and its inclusion in the number recipient's network on the date agreed with the end user. The number provider shall continue to provide the service under the same conditions until the service is activated by the number recipient. The end user's number must be activated, if he has submitted the request from paragraph 2 of this Article, upon complete fulfillment of all administrative and technical preconditions for number porting by the end user and both service providers from paragraph 1 of this Article, while the duration of the procedure of disconnection and activation of the number cannot be longer than one working day. In case the number porting procedure has not been successful, the number provider shall reactivate the number and related services of the end user until the number porting process is successfully completed.
At the end user's request, the number provider shall refund the entire remaining amount of advance payment for services, which can be deducted by a fee that includes the actual costs incurred by the number provider only if that is provided for in the user contract.
End users shall have the right to compensation if the provider i.e. the recipient of the number does not meet the deadlines established by the act from paragraph 9 of this Article, as well as in the case of exceeding the duration of the number disconnection and activation procedure from paragraph 10 of this Article.
The number provider and the operator receiving the number shall realize mutual cooperation, as well as cooperation with the Regulator, in the process of number porting, and refrain from conduct aimed at hindering or preventing the porting of the number.
The database of ported numbers from paragraph 8 of this Article shall be maintained for the purpose of enabling the establishment of calls to numbers ported to the network of another service provider from paragraph 1 of this Article, as well as informing the end users whether the number has been ported to the network of the service provider from paragraph 1 of this Article.
The database of ported numbers from paragraph 8 of this Article shall contain personal data of end users, namely: first and last name, unique citizen identification number, domicile address, telephone number.
Joint Number for Emergency Services
Article 94
The provider of communication services between persons based on the use of numbering shall enable all end users to access emergency services through use of emergency communication, free of charge, using the joint number for emergency services 112, as well as other numbers for accessing emergency services in the Republic of Serbia, in accordance with the Numbering Plan, from any telephone device, including public payphones.
The provider of communication services from paragraph 1 of this Article shall provide the persons with a disability to access the joint number for emergency services 112, as well as other numbers for access to emergency services in the Republic of Serbia, in accordance with the Numbering Plan, equal to the access of other end users.
The Regulator shall ensure, in cooperation with emergency services, that the service provider referred to in paragraph 1 of this Article provides access to emergency services through use of emergency communication via the most suitable emergency communication reception point.
The provider of communication services referred to in paragraph 1 of this Article shall ensure, free of charge, that data on the location of the caller, including data from the network infrastructure and, if possible, from mobile devices, are available at the most appropriate receiving point of emergency communication, notably without delay after establishment of emergency communication.
The Ministry, on the proposal of the Regulator, with the consent of the Ministry responsible for internal affairs, shall adopt an act that regulates access to emergency services in more detail, which in particular contains: communication services between persons based on the use of Numbering that are appropriate for access to emergency services, in accordance with capabilities and technical characteristics of the equipment of reception points of emergency communication, quality parameters for the specified services of access to emergency services, as well as other conditions of importance for access to emergency services.
The provider of communication services from paragraph 1 of this Article shall inform end users in an appropriate and publicly available manner about the existence and use of the number 112 and other numbers for accessing emergency services.
European Numbers for Services of Special Social Importance
Article 95
All business entities shall provide all end users with a free call service to numbers from the range that begins with the number 116 and is intended for services of special social importance, especially to the numbers "116000" - call center for missing children and "116111" - call center for helping children.
Business entities shall, to the greatest extent possible, enable calls to numbers from the range starting with number 116 and to persons with disabilities, in accordance with the standards and/or technical specifications from Article 43, paragraph 1, item 1) of this Law.
The Call Center for Missing Children, assigned with the number 116000, must provide the necessary resources to manage a permanent communication connection for reporting cases of missing children.
In an appropriate and publicly available manner, the Regulator shall notify and inform the service users about the purpose and method of use of numbers from the range starting with the number 116, as well as about the services provided at the number 116000, and if appropriate, also about the services provided at the number 116111.
The Ministry, at the proposal of the Regulator, with the consent of the ministry responsible for tasks related to the protection of life and the provision of assistance in case of danger, shall regulate in more detail the manner and conditions of assigning and usage of numbers from the range starting with number 116, as well as the quality of service from paragraph 1 of this Article.
Article 96
Providers of communication services among persons based on the use of Numbering in a mobile electronic communication network shall enable end users to transmit free of charge public alerts of interest for protection and rescue in accordance with the law governing the area of disaster risk reduction and emergency management.
Public alerts can also be transmitted through publicly available electronic communication services, which are neither services from paragraph 1 of this Article, nor radio broadcasting services, or through a mobile application based on an Internet access service, with the condition that this public alert system is equally efficient in terms of coverage of a certain part of the territory or population and under the condition that end users receive public alerts in a simple way.
The service providers referred to in paragraph 1 of this Article shall provide the end users with free transmission of notifications of interest for preserving and improving the health of the population in accordance with the law regulating the protection of the population from infectious diseases.
The service providers referred to in paragraph 1 of this Article shall provide the end users with free transmission of other public notifications of importance for the realization of the public interest, which shall be determined by the Government.
Access to Numbers and Services
Article 97
When making international calls, the prefix "00" shall be used before dialing the international number.
The provider of a communication service among persons based on the use of Numbering shall provide all end users with access to all numbers from the Numbering Plan, regardless of the technology and devices used, except in cases where the invited end user, due to economic reasons, has chosen to limit access to the calling end users located in certain geographic areas.
The service provider from paragraph 2 of this Article shall enable all end users to access the universal international toll-free numbers, if that is technically feasible and economically justified.
The Regulator can oblige the service provider referred to in paragraph 1 of this Article to disable, on an individual basis, access to numbers or services when there is a justified suspicion of misuse or fraud. In such cases, the Regulator can issue a decision ordering service providers to withhold the associated revenues from interconnection or other services.
Principles of Radio Frequency Spectrum Management
Article 98
The Regulator shall manage the radio frequency spectrum and plan the use of satellite orbits in accordance with the international Rulebook on Radio Communications, agreements made within the International Telecommunication Union (ITU), other appropriate international legal acts and recommendations, the interests of citizens, the economy, security and defense of the country, as well as in accordance with the provisions of this Law and regulations adopted on the basis thereof.
The Regulator shall effectively manage the radio frequency spectrum taking into account the principles of objectivity, transparency, competitiveness, non-discrimination and proportionality, the regulatory objectives from Article 7, paragraph 4 of this Law, as well as the achieved harmonization of the use of the radio frequency spectrum at the European or international level.
The Regulator shall encourage the harmonization of the use of the radio frequency spectrum for electronic communication networks and services, taking into account the obligation of effective and efficient use of the radio frequency spectrum and benefits for consumers, considering the relevant decision of the European Union on the regulatory framework for the radio frequency spectrum policy, in the following manner:
1) By ensuring coverage of the territory and population of the Republic of Serbia with wireless broadband access of high quality and high speed, as well as coverage of important national and European travel routes;
2) By enabling the rapid development of new wireless communication technologies and their application through intersectoral cooperation;
3) By ensuring predictability and consistency in issuing, extending, changing, limiting and revoking individual permits in order to promote long-term investments;
4) By preventing cross-border or national harmful interference in accordance with Articles 99 and 102 of this Law and by taking appropriate preventive and corrective measures for that purpose;
5) By promoting the shared use of the radio frequency spectrum for similar or different purposes in accordance with the law governing the protection of competition;
6) By choosing the most suitable and least demanding procedure for issuing individual permits in accordance with Article 102 of this Law in order to increase the flexibility, shared use and efficiency of the use of the radio frequency spectrum;
7) By applying the rules for issuing, transferring, extending, changing and revoking individual permits for the use of the radio frequency spectrum, which are clearly and transparently established for the purpose of regulatory security, consistency and predictability;
8) By a consistent and predictable way of approving the use of the radio frequency spectrum in terms of protecting people's health from the action of non-ionizing radiation, which is governed by separate regulations.
In the event of insufficient demand for the use of the harmonized radio frequency spectrum on the market, the Regulator may issue a decision allowing the alternative use of all or part of the radio frequency range of that harmonized radio frequency spectrum, including the existing use, if such alternative use does not prevent or interfere with the availability or use of that range in other member states of the European Union and non-member states of the European Union.
When making the decision referred to in paragraph 4 of this Article, the Regulator shall take into account the long-term availability of that radio frequency range in the European Union or its use, as well as the economy of scale for the equipment.
Prior to making the decision referred to in paragraph 4 of this Article, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law, in order to determine the existence of insufficient demand for the use of the harmonized radio frequency spectrum on the market, including the assessment of future demand.
The Regulator shall regularly review the alternative use of the radio frequency spectrum, as a rule, every two years, or without delay, based on a justified request for the use of that radio frequency spectrum, also taking into account the implemented technical measure adopted on the basis of the corresponding decision of the European Union on the regulatory framework for the policy of the radio frequency spectrum.
For the purpose of review of the alternative use referred to in paragraph 7 of this Article, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law. If, during the consideration of alternative use, it is determined that there is a need for harmonized use, the Regulator shall initiate the appropriate procedure for the allocation of harmonized radio frequency spectrum and annul the resolution whereby the alternative use of radio frequency spectrum is allowed.
The Regulator shall cooperate with relevant international and European organizations and institutions, as well as administrations of other countries that perform radio frequency spectrum management, independently or through competent authorities.
Coordination of the Use of the Radio Frequency Spectrum and Reporting the Allocation of Radio Frequencies
Article 99
The regulator shall take all necessary measures so that the use of the radio frequency spectrum allocated in the territory of the Republic of Serbia does not prevent EU member states and non-EU member states from using the harmonized radio frequency spectrum in their territory, especially due to cross-border harmful interference.
In taking the measures referred to in paragraph 1 of this Article, the Regulator shall take into account obligations under international law and relevant international agreements, such as the international Rulebook on radio communications, regional radio communications agreements, as well as special coordination agreements concluded with neighboring and other countries.
The Regulator shall cooperate with the competent bodies of other states on cross-border coordination of the use of radio frequency spectrum in order to solve obstacles related to cross-border coordination or cross-border harmful interference, which prevent the use of harmonized radio frequency spectrum in the territory of the Republic of Serbia.
The allocation of radio frequencies shall be reported to the International Telecommunication Union:
1) In accordance with the provisions of treaties, agreements and other international legal acts;
2) If the use of radio frequencies can cause harmful interference to the radio communication service of another state;
3) If the radio frequencies are intended for international radio communication;
4) For the purpose of protection of radio frequencies at the international level.
Radio-frequency Range Intended Use Plan
Article 100
The intended use plan shall determine the purpose of radio-frequency ranges for individual radio communication services, in accordance with the international Rulebook on radio communications, relevant treaties, agreements, international legal acts and recommendations, as well as relevant regulations of the European Union.
The intended use plan shall particularly contain data on:
1) The borders of the radio frequency ranges;
2) The purpose of radio frequency ranges for one or more radio communication services, while individual radio frequency bands do not have to be intended for a specific radio communication service;
3) The purpose for one or more appropriate applications, while the use of certain radio frequency ranges shall be based on technologically neutral grounds;
4) The basic conditions for the use of radio frequencies, including data on their intended civilian use and/or use by defense and security authorities;
5) The basis for the use of the radio frequency range which refers to the application of decisions and recommendations of the International Telecommunication Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), corresponding decisions and regulations of the European Union, other relevant regulations, contracts, agreements and standards;
6) Method of granting the right of use;
7) The possibility of transferring the right to use or renting the radio frequency range.
The intended use plan can determine different intended uses, conditions for allocation and use, and basis of use for different sub-ranges within the same radio frequency range.
When deciding about the basis for use of the radio frequency range, the following shall be considered:
1) Specificities of the given radio frequency range;
2) The need for protection against harmful interference;
3) Existence of possibilities for shared use;
4) The need to ensure the technical quality of communications or services;
5) Public interest goals;
6) The need to ensure effective and efficient use of the radio frequency spectrum on a technologically neutral basis.
The intended use plan shall be adopted by the Government, based on the proposal sent/submitted by the Ministry, with the participation of the competent body of the autonomous province, and prepared by the Regulator.
In the process of preparing the proposal for the intended use plan, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law and seek opinion of the defense and security authorities and emergency services.
The Regulator shall regularly review the intended use plan and propose its changes to align it with the international Rulebook on radio communications, relevant treaties, agreements, international legal acts and recommendations and relevant regulations of the European Union.
Radio-frequency Allocation Plans
Article 101
Radio frequency allocation plans shall be adopted by the Regulator (hereinafter: Allocation Plan) and they contain conditions for the allocation of radio frequencies from the radio frequency ranges in accordance with their intended use, as well as other necessary technical and geographical conditions for the use of radio frequencies. Allocation plans shall be determined based on the intended use plan and appropriate treaties, agreements, and recommendations, considering the needs and requirements of users.
Allocation Plans may include the following:
1) The division of the territory of the Republic of Serbia into areas for granting individual permits for the use of the radio frequency spectrum, while special conditions of use can be determined in order to protect the territories of neighboring countries from interference;
2) The division of radio frequency ranges into radio frequency channels, together with the width of those channels, the distance between those channels, and protective channels;
3) Other necessary technical conditions for the use of radio frequencies.
In the process of adopting the Allocation Plans, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law and request the opinion of the defense and security authorities and emergency services.
Right of use and Assignment of the Radio-frequency Spectrum
Article 102
In accordance with this Law, the radio frequency spectrum shall be used:
1) Based on an individual permit for the use of the radio frequency spectrum (hereinafter: individual permit), issued:
(1) Based on a request or,
(2) On the basis of the conducted public bidding procedure;
2) According to the regime of general authorization;
3) For special purposes.
When determining the method of issuing an individual permit, the following shall be considered:
1) Special characteristics of the radio frequency spectrum;
2) The need for protection against harmful interference and technological solutions for managing harmful interference;
3) Development of reliable conditions for shared use of the radio frequency spectrum, if appropriate;
4) Ensuring the quality of communications or service;
5) Regulatory goals from Article 7, paragraph 4 of this Law;
6) Protection of the effective use of the radio frequency spectrum.
Combinations of several ways of use from paragraph 1 of this Article shall be allowed in a certain radio frequency range, taking into account the impact that such a way of use and the possibility of a gradual transition from one way of use to another have on competition protection, innovations and market entry.
All types of technologies, which are used to provide electronic communication networks and services, can be used in the radio frequency spectrum intended for electronic communication services by the plan of intended use of radio frequency ranges.
The regulator can introduce restrictions on the use of the radio frequency spectrum for certain types of radio networks or wireless access technologies, based on the principle of proportionality and non-discrimination, when this is necessary for:
1) Avoiding harmful interference;
2) Protecting people's health from the action of non-ionizing radiation, when it is determined that the levels prescribed by special regulations have been exceeded;
3) Ensuring the quality of service;
4) Ensuring the greatest possible shared use of the radio frequency spectrum;
5) Protecting the effective use of the radio frequency spectrum.
6) Securing the public interest goals, in accordance with paragraph 6 of this Article, and in cooperation with competent authorities from article 9, paragraph 1, item 23) of this Law;
7) Meeting the requirements of the international Rulebook on Radio Communications.
Electronic communication services must be provided in a specific radio frequency range designated for those services, if that is justified for meeting the public interest goals, which includes, but is not limited to the following:
1) Safety of life;
2) Promoting social, regional or geographical connectivity;
3) Avoiding non-effective use of the radio frequency spectrum;
4) Promoting cultural and language diversity and media pluralism, (e.g. by broadcasting media content).
The Ministry, at the proposal of the Regulator, may, in the process of inspection supervision, prohibit the provision of electronic communication services in a certain radio frequency range if that is justified for the purpose of protecting the work of services responsible for the protection of human lives. The ban can be determined in order to fulfill other goals of public interest, in accordance with special regulations.
The Regulator shall regularly review the need to introduce and apply the restrictions from paras. 5-7 of this Article and publish the results of such reviews.
When deciding on the number of individual permits in the procedure for issuing an individual permit from paragraph 1, item 1) subitem (2) of this Article, as well as on the procedure for assigning the radio frequency spectrum, the fulfillment of one or more of the following goals shall be taken into account:
1) Improvement of coverage;
2) Ensuring the required quality of service;
3) Encouraging the effective use of the radio frequency spectrum, taking into account, among other things, the conditions associated with the use of the radio frequency spectrum and the amount of fees;
4) Encouraging innovations and business development.
When making the decision from paragraph 9 of this Article, within their competences, the Ministry and the Regulator shall take into account the principles of objectivity, transparency, non-discrimination and proportionality, as well as the goals from Article 7, paragraph 4 and Articles 98 and 99 of this Law.
In the process of issuing the individual permit from paragraph 1, item 1) sub-item (2) of this Article, the Regulator shall conduct the procedure of public consultations from Articles 36 and 37 of this Law whose topic shall be the selected allocation procedure, conditions for selection and conditions for the use of the radio frequency spectrum, where it must clearly state the assessment of the technical and economic situation on the market and the assessment of the degree of competition protection, which is governed by special regulations. In the case of harmonized radio frequency spectrum, which is used for wireless broadband electronic communication services, the Regulator, in the course of the public consultation process, shall state the possibility and measures for extending the individual permit, taking into account the conditions from Article 109, paragraph 7 of this Law.
The conditions for the use of the radio frequency spectrum, for which the individual permit from paragraph 1, item 1) sub-item (2) of this Article is issued, shall contain obligations, a time limit for execution and criteria for evaluating the fulfillment of such obligations.
When determining the conditions referred to in paragraph 12 of this Article, taking into account the effectiveness and efficiency of the use of the radio frequency spectrum, and taking into account the rules on the protection of competition regulated by special regulations, the Regulator may enable the holder of an individual permit to do the following:
1) To share the use of the radio frequency spectrum, i.e. passive or active infrastructure necessary for the use of the radio frequency spectrum;
2) To conclude a contract on national roaming on a market basis;
3) To jointly install the infrastructure for the provision of networks or services using the radio frequency spectrum.
Following the conducted public consultations procedure referred to in paragraph 11 of this Article, the Regulator shall make and publish on its website a reasoned decision on the selected allocation procedure and conditions for the selection and use of radio frequency spectrum and initiate the allocation procedure by publishing a call for submission of applications for the allocation of radio frequency spectrum.
If the Regulator, after carrying out the allocation procedure from paragraph 14 of this Article, determines that additional individual permits can be issued - it shall publish the opinion on its website and initiate the appropriate procedure for the allocation of radio frequency spectrum in accordance with Article 105 of this Law.
In the process of issuing the individual permit from paragraph 1, item 1) sub-item (1) of this Article, the Regulator shall apply objective, transparent, proportionate and non-discriminatory conditions established in the act from paragraph 21 of this Article.
The Regulator can ask the applicant for the allocation of radio frequency spectrum to submit all the necessary data for the purpose of assessing the fulfillment of the conditions for the selection and use of the radio frequency spectrum. If it determines that the applicant does not meet the requirements, the Regulator shall issue a resolution rejecting the application.
If, according to the Plan of intended use of the radio frequency ranges, the radio frequency spectrum is intended for electronic communication services, the Regulator shall render a decision on the issuance of an individual permit within 40 days from the date of submission of the orderly request for individual permits issued in the procedure referred to in Article 104 of this Law, and no later than eight months from the date of expiry of the time limit for submission of applications in the procedure referred to in Article 105 of this Law. The time limits from this paragraph shall not apply to the implementation of treaties governing the use of the radio frequency spectrum and the harmonization of the use of satellite orbits.
The number of individual permits issued in an individual radio frequency range based on this Article, can be limited only in the case referred to in paragraph 9 of this Article, or in the case of where a number of complete requests for the issuance of an individual permit have been received that cannot be granted due to lack of availability in a specific radio frequency range.
An individual permit for the use of the radio frequency spectrum intended for analog sound radio broadcasting shall be issued in accordance with Article 123 of this Law.
The Regulator shall regulate in more detail the conditions of allocation and use of the radio frequency spectrum, which shall in particular include:
1) The manner, conditions and procedure of issuing, changing, limiting, extending and renewing individual permits;
2) Forms of individual permits;
3) Period of validity of individual permits;
4) The manner and conditions of transferring the right to use or renting the radio frequency spectrum in accordance with Article 106 of this Law;
5) Request forms and appropriate technical documentation to be attached to the request for issuing an individual permit from paragraph 1, item 1) sub-item (1) of this Article;
6) Request form for issuing a temporary permit;
7) General procedure for conducting public bidding from Article 105 of this Law;
8) Conditions that enable shared use and installation of infrastructure and shared use and access to the radio frequency spectrum;
9) Manner and conditions of limiting the conditions of use of the radio frequency spectrum;
10) Manner and conditions of mandatory identification of certain types of radio stations;
11) Manner and conditions of filing the radio stations and providing technical and other data on certain types of radio stations, where necessary for protection against interference and implementation of control over the use of the radio frequency spectrum;
12) Manner and conditions of using radio stations in case of dangers and other emergencies.
The Regulator shall more closely regulate the use of radio stations used by domestic and foreign aircrafts, locomotives, ships and other vessels, in accordance with relevant treaties, agreements, international legal acts and recommendations.
The Regulator shall more closely regulate the way radio stations are used by radio amateurs, technical and other conditions for their use, the appearance and content of the form of radio amateur licenses and certificates.
Article 103
The Ministry, i.e. the Regulator shall decide on the duration of an individual permit, taking into account the protection of competition, the effective and efficient use of the radio frequency spectrum, the encouragement of innovations, ensuring the efficiency of operations by enabling the appropriate period for the return of investment in infrastructure, as well as the goals from Article 102, paragraph 9 of this Law.
The duration of the individual permit that gives the right to use the harmonized radio frequency spectrum for wireless broadband electronic communication services, in accordance with the procedure from Article 105 of this Law, shall ensure regulatory predictability of at least 20 years and cannot be shorter than 15 years.
The Regulator shall render a decision on extending the duration of an individual permit if the possibility of extension is foreseen by the act from Article 105, paragraph 3 of this Law, taking into account the principles of proportionality, non-discrimination and transparency.
The Regulator shall, no later than two years before the expiry of the period for which the individual permit has issued, initiate the procedure for assessing the existence of conditions for extending the duration of the individual permit, taking into consideration:
1) Effective and efficient use of the radio frequency spectrum;
2) Ensuring competition protection;
3) Ensuring coverage of the territory and population of the Republic of Serbia with wireless broadband access of high quality and high speed, as well as coverage of important national and European travel routes;
4) Facilitating the rapid development of new wireless communication networks and services and the application of new technologies;
5) Protection of human lives, public order, public security or defense;
6) Whether a procedure has been initiated against the holder of the individual permit in connection with non-compliance with the conditions of the individual permit.
The regulator may, as necessary, decide to change the conditions of use of the radio frequency spectrum in accordance with Article 108 of this Law.
Prior to making the decision referred to in paragraph 3 of this Article, the Regulator shall conduct public consultations procedure in accordance with Articles 36 and 37 of this Law, for a period of at least three months.
The Regulator shall render a decision on extending the duration of an individual permit within 30 days from the date of conclusion of public consultations, deliver it to the holder of the permit, and publish it on its website.
In the event that the Regulator does not extend the duration of an individual permit, it shall implement a new procedure for the allocation of that radio frequency spectrum.
Notwithstanding paragraph 2 of this Article, a shorter period of duration of an individual permit can be set for:
1) A limited geographical area in which access to high-capacity networks is insufficient or non-existent, in order to ensure the implementation of the requirements from Article 98, paragraph 3 of this Law;
2) A certain short-term project and for the purpose of experimental use;
3) Use of the radio frequency spectrum, which, taking into account the restrictions from Article 102, paras. 5 and 6 of this Law may be allowed simultaneously with wireless broadband electronic communication service;
4) Alternative use of the radio frequency spectrum in accordance with Article 98, paras. 4 and 5 of this Law.
The act referred to in Article 105, paragraph 3 of this Law can adjust the duration of an individual permit in order to ensure that the duration of an individual permit in one or more radio-frequency ranges expires at the same time.
The duration of the individual permit, which is not used for the purpose referred to in paragraph 2 of this Article, shall be determined by the act referred to in Article 102, paragraph 21 of this Law.
Procedure for Issuing an Individual Permit Based on a Request
Article 104
The Regulator shall issue an individual permit for the use of the radio frequency spectrum based on a submitted request, when such a method of issuing of an individual permit within a specific radio frequency range is determined by the Plan of the intended use.
The Regulator shall issue the permit referred to in paragraph 1 of this Article if:
1) The request for the issuance of the permit was submitted in accordance with the act referred to in Article 102, paragraph 21 of this Law;
2) The request for the issuance of the individual permit is in accordance with the conditions of intended use, allocation and usage which are determined for the corresponding radio frequencies in the Plan of intended use and Allocation Plans;
3) The required radio frequencies or radio frequency ranges are available.
The individual permit referred to in paragraph 1 of this Article shall be issued by virtue of a resolution.
The decision-making on the request referred to in paragraph 1 of this Article shall be made according to the order of submission, within 40 days from the date of submission of the orderly request, except in the case where corresponding treaties and international legal acts provide for a different time limit.
The Regulator shall deny the request for issuing of the individual permit from paragraph 1 of this Article if it determines that the conditions from paragraph 2 of this Article are not met.
The fee and terms of use of radio frequencies for a diplomatic-consular representative office shall be determined under conditions of reciprocity, based on the opinion of the ministry responsible for foreign affairs and in accordance with concluded treaties.
Fee and conditions for the use of radio frequencies for a foreign legal person that, in the Republic of Serbia, on the basis of a corresponding treaty, conducts business-technical, informational, scientific, cultural, sports and other cooperation with the corresponding authorities, organizations and other persons in the country, shall be determined in accordance with the provisions of this Law, unless otherwise determined by the corresponding treaty.
The Regulator shall maintain an up-to-date register on the web site of issued individual permits referred to in this Article.
The register of issued individual permits referred to in the previous paragraph of this Article, shall contain personal data, namely: first and last name, unique citizen identification number, e-mail address, domicile address, telephone number.
The data from the previous paragraph of this Article shall be processed for the purpose of fulfilling the competences laid down by law within the framework of decision-making on the requests for the issuance of individual permits and shall be stored permanently.
The manner and procedure of submitting requests, the manner, procedure and time limits for issuing an individual permit, as well as the conditions for using the radio frequency spectrum, for which an individual permit referred to in paragraph 1 of this Article is issued, shall be regulated in more detail by the regulation from Article 102, paragraph 21 of this Law.
Procedure for Issuing an Individual Permit based on a Public Bidding Procedure
Article 105
The Regulator shall issue an individual permit based on a public bidding procedure, when the Plan of intended use, due to a limited availability of the radio frequency spectrum, determines that an individual permit shall be issued in that way.
The Regulator shall, ex officio or at the initiative of interested parties, adopt a decision on the fulfillment of the conditions for conducting the public bidding procedure and issuing individual permits referred to in paragraph 1 of this Article, and inform the Ministry thereof.
Upon receipt of the notification that the decision referred to in paragraph 2 of this Article has been adopted, the Ministry shall issue an act prescribing the minimum conditions for issuing individual permits from paragraph 1 of this Article, taking into account the goals from Article 102, paragraph 9 of this Law.
The act referred to in paragraph 3 of this Article shall in particular contain:
1) The number of individual permits that can be issued for a specific radio frequency range;
2) The validity period of individual permits, including the possibility of determining an appropriate extension period;
3) The possibility of renewing an individual permit:
4) The minimum amount of fee for the right of use that is paid for the issuance of an individual permit;
5) The method and dynamics of payment of the fee for the right of use;
6) The conditions in terms of securing the coverage of a certain part of the territory or population,
as well as other minimum conditions for issuing individual permits.
The Regulator shall render a decision on the initiation of the public bidding procedure for the issuance of individual permits within 15 days from the date of entry into force of the act referred to in paragraph 3 of this Article and establish a commission for the implementation of the public bidding procedure.
When conducting the public bidding procedure for issuing individual permits, the Regulator shall:
1) Enable availability of the notification of public bidding to all interested parties under equal conditions, by publishing a public announcement;
2) Determine and publish the reasoned criteria for participation in the public bidding procedure, which are based on the principles of transparency, objectivity, proportionality and non-discrimination, while taking particular account of the goals from Article 7, paragraph 4 of this Law;
3) Clearly define, explain and announce the choice of the public bidding procedure;
4) Publish the content of the individual permit;
5) Make a decision determining which of the applicants fulfills all the conditions prescribed by this Law and acts adopted on the basis thereof;
6) Make a decision on the selection of the most favorable offer on the basis of economic, technical and other criteria published in the announcement for public bidding;
7) Make a decision on the selection of the most favorable offer or the cancellation of public bidding and publish it no later than within the time limit referred to in Article 102, paragraph 18 of this Law.
The announcement from paragraph 6, item 1) of this Article shall contain:
1) The subject-matter of the individual permit;
2) The deadline for participation in the public bidding, which cannot be shorter than 45 days from the date of publication of the announcement;
3) Conditions for participation in public bidding;
4) Method of submitting the offer (under the code or full name of the bidder);
5) Notification of the date, time and place of opening of received bids;
6) Criteria for evaluation of offers and the method of determining the most favorable offer;
7) Name and contact information of the person in charge of providing all information relevant to the public bidding procedure.
The announcement from paragraph 6, item 1) of this Article shall be published in the "Official Herald of the Republic of Serbia", at least in one widely available international publication, at least in one daily newspaper distributed throughout the territory of the Republic of Serbia, as well as on the website of the Regulator.
Funds collected from the fee for the right of use, paid for the issuance of an individual permit in the completed public bidding procedure, shall be the revenue of the budget of the Republic of Serbia.
The general procedure for the conducting of public bidding referred to in paragraph 1 of this Article shall be regulated in more detail by the act referred to in article 102, paragraph 21 of this Law. The rules and applied procedure of public bidding in each individual case shall be determined in more detail in the corresponding documentation which shall be an integral part of the decision referred to in paragraph 2 of this Article.
The holder of an individual permit shall obtain individual permits for each radio station in the network, which shall be issued upon request, in accordance with Article 104 of this Law, except for radio stations in the public mobile and/or stationary electronic communication network.
The individual permit holder shall register each radio station in the public mobile and/or stationary electronic communication network in the manner prescribed by the act from Article 102, paragraph 21 of this Law.
The Regulator shall maintain on its web site an up-to-date register of individual permits referred to in this Article.
Transferring and Leasing the Individual Rights to Use the Radio Frequency Spectrum
Article 106
A holder of the individual permit referred to in Article 105 of this Law, for which he has paid the fee for the right of use, may transfer or lease to another person the radio frequency range granted to him by that permit on the basis of a conducted public bidding procedure.
Radio frequency ranges, for which the possibility of transfer or lease is foreseen in accordance with the provisions of this Article, shall be determined in more detail in the Plan of intended use.
The transfer or lease of the radio frequency range referred to in paragraph 1 of this Article shall be the subject of a contract between the holder of the individual permit referred to in Article 105 of this Law and another person on a market basis, for part or the entire radio frequency range assigned by such permit.
For the transfer of the radio frequency range, it shall be necessary to obtain the consent of the Regulator. The individual permit holder and the person to whom the radio frequency range is transferred shall jointly submit a request to the Regulator for the issuance of consent.
In the process of deciding on the request from paragraph 4 of this Article, the Regulator shall take into account the protection of competition regulated by a special regulation and check whether the person to whom the radio frequency range is transferred meets the conditions of use determined by the corresponding individual permit.
The Regulator shall issue a resolution to deny the request from paragraph 4 of this Article if it finds that there is reasonable doubt that the new individual permit holder cannot fulfill the requirements from paragraph 5 of this Article.
By way of transfer of the radio frequency range the rights and obligations arising from the corresponding individual permit shall be fully transferred, including the conditions under which the individual permit has been granted and the conditions of use determined by such permit.
After granting the consent from paragraph 4 of this Article, the Regulator shall issue a new individual permit, in accordance with the transfer conditions.
The individual permit holder shall inform the Regulator of the intention to lease the radio frequency range, and submit a statement whereby he shall assume the responsibility for fulfilling all conditions of use of the radio frequency spectrum that is to be leased, including data on the lessee.
The Regulator shall have the jurisdiction to check the fulfillment of the conditions established by the individual permit, both at the lessor and at the lessee during the period of lease of the radio frequency range.
The method of transferring and leasing the radio frequency spectrum to another person shall be regulated in more detail by the act referred to in Article 102, paragraph 21 of this Law.
Temporary Permit for the Use of Radio Frequency Spectrum
Article 107
The Regulator can, notwithstanding the intended use of the radio communication service or technology, or the conditions of allocation and use determined in the Plan of intended use and the act referred to in Article 102, paragraph 21 of this Law, based on the submitted request, issue a temporary permit for the use of the radio frequency spectrum that is not subject to procedures issuance of the permit referred to in Article 104 of this Law.
The temporary permit from paragraph 1 of this Article may be issued for a radio station or radio system used for the purpose of market or technical testing of products and services, research or design, as well as for the purposes of holding sports, cultural, entertainment and other events of limited duration.
The temporary permit referred to in paragraph 1 of this Article shall be issued by virtue of a resolution.
The decision from paragraph 3 of this Article shall be passed by the Regulator, based on a reasoned request that meets the conditions from paragraph 2 of this Article.
The request referred to in paragraph 4 of this Article shall be submitted in a prescribed form.
Deciding on the requests referred to in paragraph 4 of this Article shall be made according to the order of submission, within 15 days from the date of submission of the orderly request.
The Regulator shall determine the appropriate period of validity of the temporary permit, which cannot exceed one year, as well as the appropriate conditions for the allocation and use of radio frequencies, especially for the purpose of protection against interference.
The request for the issuance of a temporary permit from paragraph 1 of this Article can be denied if it is not in accordance with the principles of objectivity, transparency, proportionality and non-discrimination, or if it is in conflict with the regulatory objectives from Article 7, paragraph 4 of this Law, and especially if it is assessed that it was submitted in order to circumvent the application of procedures for issuing of the individual permit referred to in Article 104 of this Law.
Changing and Restricting the Conditions of Use of the Radio Frequency Spectrum
Article 108
The Regulator can change the terms of use of the radio frequency spectrum from an individual permit only in objectively justified cases and in a proportionate manner, where it must take into account, if applicable, the conditions related to the right to transfer the radio frequency spectrum.
In terms of the proposal to change the conditions of use of the radio frequency spectrum for electronic communication networks and services, the Regulator shall conduct public consultations procedure in accordance with Articles 36 and 37 of this Law, within a time limit that cannot be shorter than 30 days, except in exceptional cases.
Notwithstanding the provisions of paragraph 2 of this Article, the public consultations shall not be conducted if the changes to the conditions of use of the radio frequency spectrum are of lesser importance and if the individual permit holder agrees with the proposed changes.
Exceptionally, the Regulator can restrict the conditions of use from an individual permit, in accordance with the principles of proportionality and non-discrimination, if this restriction is necessary for the purpose of ensuring the effective and efficient use of the radio frequency spectrum, taking into account the technical measures adopted in accordance with the relevant decision of the European Union on the regulatory framework for the radio frequency spectrum policy, changes to the Plan of intended use and Allocation Plans, treaties and other international legal acts, taking into account that this restriction is the least burdensome for the individual permit holder.
In the case of restrictions on the conditions for the use of the radio frequency spectrum for individual permits from Article 105 of this Law, the Regulator shall conduct the procedure of public consultations in accordance with Article 36 and 37 of this Law.
Notwithstanding the provisions of paragraph 5 of this Article, public consultations shall not be conducted if the individual permit holder agrees with the proposed restriction.
In cases from paras. 1 and 4 of this Article, the Regulator shall issue a new individual permit.
The method and procedure for changing and restricting the conditions for the use of the radio frequency spectrum shall be regulated in more detail by the act referred to in Article 102, paragraph 21 of this Law.
Renewal of the Individual Permit for the Use of the Radio Frequency Spectrum
Article 109
The Regulator shall, ex officio or at the request of the holder of an individual permit for the use of the radio frequency spectrum from Article 105 of this Law, assess whether there is a need to renew the permit, unless renewal of the permit was expressly excluded in the granting procedure.
The holder of an individual permit for the use of the radio frequency spectrum can submit a request for the renewal of the permit from paragraph 1 of this Article no earlier than five years, and no later than one year before the expiration date of the permit period.
The Regulator shall ex officio initiate the procedure for assessing the need for the renewal of an individual permit from paragraph 1 of this Article, at least two years before the date of expiration of the permit validity period.
In the process of assessing the need to renew the permit from paragraph 1 of this Article, the Regulator shall take into account the following:
1) Objectives from Article 7, paragraph 4 and Article 98, paragraph 3 of this Law, as well as the objectives of corresponding public policies;
2) Harmonizing the use of the radio frequency spectrum taking into account the technical measures adopted in accordance with the relevant decision of the European Union on the regulatory framework for the radio frequency spectrum policy;
3) Review of the appropriate implementation of the conditions from the individual permit;
4) The need to encourage or avoid distortion of competition in accordance with Article 113 of this Law;
5) Improving the effectiveness and efficiency of using the radio frequency spectrum due to technological or market development;
6) The need to prevent serious disruptions in the provision of services.
In the course of assessing the need for the renewal of an individual permit from paragraph 1 of this Article, the Regulator shall conduct the procedure of public consultations in accordance with Articles 36 and 37 of this Law, stating clear reasons for possible renewal.
The Regulator shall decide on the fulfillment of the conditions for the renewal of the individual permit from paragraph 1 of this Article or on the conducting of a new procedure for the allocation of radio frequency spectrum, taking into account the outcome of public consultations from paragraph 5 of this Article, and especially the demand for that part of the radio frequency spectrum by persons who are not holders of individual permits in the range that is subject to renewal, and it shall inform the Ministry thereof.
The Ministry shall determine the period for which the right to use radio frequencies shall be renewed, the amount of fee for the right of use which ensures optimal use of resources, as well as the method of payment and other adjusted conditions for the use of the radio frequency spectrum with the consent of the holder of the right of use, and conduct public consultations procedure about this topic.
The Regulator shall issue a new individual permit to the individual permit holder.
The individual permit for the use of radio frequency spectrum issued in accordance with Article 104 of this Law can be extended at the request of the permit holder if the conditions prescribed in the act from Article 102, paragraph 21 of this Law are met, and in that case the Regulator shall issue a new individual permit to the permit holder.
The method, conditions and procedure for extending the renewal of individual permits for the use of radio frequency spectrum shall be prescribed in more detail by the act referred to in Article 102, paragraph 21 of this Law.
Revocation of the Right to Use the Radio Frequency Spectrum
Article 110
The Regulator shall pass a resolution in order to revoke the right of use of the radio frequency spectrum if it determines that any of the following conditions are met:
1) The individual permit has been issued based on incorrect data, that is, incorrect documentation of importance for decision-making;
2) The allocated radio frequencies are not used in accordance with the Plan of intended use, allocation plan or issued individual permit, especially in cases where the holder of the individual permit causes harmful interference determined in the radio frequency spectrum control procedure;
3) The individual permit holder, even after receiving a warning, did not pay the fee for the use of the radio frequency spectrum within a certain time limit;
4) The holder of the individual permit was banned from performing electronic communications activities in accordance with this Law or by a final court judgment;
5) The individual permit holder waived his right to use the allocated radio frequencies, in writing;
6) The individual permit holder has ceased to exist, without a legal successor;
7) The holder of the individual permit has not eliminated the irregularities found in the inspection supervision procedure;
8) If this is necessary to ensure the effective and efficient use of the radio frequency spectrum, taking into account the technical measure adopted on the basis of the appropriate decision of the European Union on the regulatory framework for the policy of the radio frequency spectrum and taking into account the principles of proportionality and non-discrimination, as well as the economic effect of such a decision on the individual permit holder;
9) If this is necessary due to changes in the Plan of intended use or Allocation Plans, in order to:
(1) Harmonize the use of the radio frequency spectrum at the national, European or international level;
(2) Implement a treaty, agreement or convention that binds the Republic of Serbia;
(3) Effectively protect against interference;
(4) Protect the competition or
(5) Achieve public interest that could not be satisfied in any other way, after previously obtaining the opinion of the individual permit holder;
10) Revoking of allocated radio frequencies is necessary for the realization of spatial plans or environmental protection, which could not be provided in any other way;
11) A permit for the provision of radio media services held by the holder of the individual permit was revoked by a body responsible for electronic media, or the validity period of the permit for the provision of radio program media services has expired, if a separate law stipulates that the individual permit must be issued as part of the permit to provide radio media services;
12) The holder of an individual permit failed to perform a technical inspection within the time limit established by the resolution whereby the individual permit has been issued;
13) The individual permit holder has not started using the allocated radio frequencies within the time limit specified in the individual permit.
In the case of a decision on the revocation of the individual permit based on paragraph 1, items 8) and 9) of this Article, the Regulator can also decide to issue a new individual permit wherein a replacement of the allocated radio frequency shall be made, and, where necessary, other conditions for the allocation and use of that radio frequency shall be specified.
The decision on revocation of the individual permit from paragraph 1 of this Article shall set an appropriate time limit in which the individual permit holder shall stop using the radio frequency allocated by the individual permit, which was revoked by that decision.
In case of revoking the individual permit issued in the procedure referred to in Article 105 of this Law, due to reasons prescribed in paragraph 1, item 8) and 9) of this Article, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law.
Notwithstanding the provisions of paragraph 4 of this Article, public consultations shall not be conducted if the individual permit holder agrees with the proposed revocation of the individual permit.
Use of the Radio Frequency Spectrum under the Regime of General Authorization
Article 111
If there are negligible risks of interference or it is a matter of harmonized radio frequency ranges, and especially if it is in accordance with relevant treaties, international legal acts and recommendations, as well as decisions and recommendations of the European Union, the European Conference of Postal and Telecommunications Administrations (CEPT) and their bodies, the radio frequency spectrum shall be used under the regime of general authorization.
The Regulator shall prescribe in more detail the conditions of allocation and use of the radio frequency spectrum used under the regime of general authorization, as well as registering certain types of radio stations, in accordance with the acts referred to in paragraph 1 of this Article.
Every person shall have the right to use the radio frequency ranges which, according to the Plan of intended use are used under the regime of general authorization, and in accordance with the manner and conditions from paragraph 2 of this Article.
Use of Radio Frequency Ranges for Special Purposes
Article 112
Defense and security authorities and emergency services shall use and manage the allocated radio frequency ranges that are determined by the Plan of intended use exclusively to be used by them, without the obligation to obtain an individual permit in advance, and in accordance with the conditions of use established in the Plan of intended use.
The authorities from paragraph 1 of this Article shall notify the Regulator in advance, in writing, on initiating or stopping the use of the radio frequency spectrum.
No fee shall be payable for the use of radio frequency spectrum for special purposes from paragraph 1 of this Article.
The authorities referred to in paragraph 1 of this Article can use radio frequencies from the ranges which have not been dedicated for special purposes by the Plan of intended use, in the manner and in accordance with the conditions for the allocation and use of those ranges prescribed by this Law and the regulations adopted on the basis thereof.
The fee for the use of the radio frequency spectrum referred to in paragraph 4 of this Article shall be set by the Regulator in cooperation with the authorities referred to in paragraph 1 of this Article, taking into account the public interest and the fact that these authorities are budget users.
The authorities from paragraph 1 of this Article shall submit to the Regulator, at its request, and at least once a year, a report on the extent and manner of use, i.e. non-use of the radio frequency spectrum, to the extent that does not violate data confidentiality, in accordance with the law regulating data confidentiality.
The defense and security authorities shall not pay a fee for the use of radio frequencies within the ranges dedicated by the Plan of intended use for shared use between civilian users and the defense and security authorities.
Protection of Competition in the Field of Radio Frequency Spectrum
Article 113
When granting, changing or renewing the right to use the radio frequency spectrum, appropriate measures can be taken in order to ensure effective competition on the electronic communications market, namely:
1) Limiting the number of radio frequency ranges for which the right to use the radio frequency spectrum can be allocated to a person or, in justified circumstances, determining additional conditions associated with the granted right to use the radio frequency spectrum, which may be:
(1) Provision of wholesale access service;
(2) Provision of national roaming service in certain radio frequency ranges or in groups of radio frequency ranges with similar characteristics;
2) Reserving, while in particular taking into account the characteristics of a certain part of the radio frequency range or group of radio frequency ranges that would be allocated to new users;
3) Refusing the granting of new rights to use the radio frequency spectrum or allowing new use of the radio frequency spectrum in certain radio frequency ranges;
4) Adding conditions while granting new rights to use the radio frequency spectrum or adding conditions associated with new authorizations for the use of the radio frequency spectrum;
5) Setting conditions which prohibit the transfer of the right to use the radio frequency spectrum or setting conditions under which the transfer of such rights is carried out, when the transfer of rights was not previously decided by means of an individual legal act adopted in accordance with the regulation on competition protection;
6) Changing of existing rights, when the competition on the market is distorted by transfer or cumulation of rights to use the radio frequency spectrum.
Within their competences, the Regulator and the Ministry shall apply the measures from paragraph 1 of this Article, in cooperation with the authority responsible for the protection of competition, in the manner prescribed in Article 67, paragraph 3 of this Law, and based on a comprehensive assessment of the conditions of competition on the market, which shall take into account the circumstances from Article 67, paragraph 2 of this Law.
The assessment of competition conditions on the market from paragraph 2 of this Article shall in particular take into account whether such measures are necessary for preserving or facilitating competition, as well as their possible impact on existing and future investments of market participants, especially investments in establishment of electronic communication network.
In the process of implementing the measures from paragraph 1 of this Article, the Regulator shall conduct public consultations in accordance with Articles 36 and 37 of this Law.
Access to Radio Networks with Local Coverage (RLAN)
Article 114
Provision of access to the public electronic communication network through radio networks with local coverage (RLAN) shall be enabled in accordance with Article 111 of this Law.
If the provision of access referred to in paragraph 1 of this Article is not part of an economic activity or if it represents assistance in the performance of an economic activity or in the provision of a public service, and the provision of which does not depend on the transmission of signal via radio network with local coverage (RLAN), the provisions regarding the general conditions for the performance of electronic communications activities from Article 38 of this Law, the provisions regarding the rights of end users from Articles 126-155 of this Law, or the obligations to interconnect their networks from Article 57 of this Law, shall not apply to a business entity, state bodies and organizations, local self-government bodies, public services or end user who provide such access.
Provisions of the law which governs the electronic commerce shall be applied mutatis mutandis to the provision of access from paragraph 1 of this Article in the part related to the service provider's liability and temporary data storage.
Operators of public electronic communication networks or service providers can enable the public to access their networks through radio networks with local coverage (RLAN), which can be located in the premises of end users or in their vicinity, provided that the applicable conditions from Article 38 of this Law are met and with the prior consent of end users.
The operator or provider of service referred to in paragraph 4 of this Article shall not unilaterally limit or prevent end users from:
1) Accessing radio networks with local coverage (RLAN) of their own choice provided by third parties or
2) Enabling other end users, on the principle of reciprocity or otherwise, to access the radio networks with local coverage (RLAN) provided by third parties, including access to unified radio networks with local coverage (RLAN) of different end users that third parties have made publicly available.
End-users can enable other end-users to access their radio network with local coverage (RLAN), on the basis of reciprocity or otherwise, also including the activities of third parties that unify the radio networks with local coverage (RLAN) of different end users and making them publicly available.
It shall not be allowed to unreasonably limit the provision of access to radio networks with local coverage (RLAN) for the needs of the public, and in particular:
1) For public sector authorities and organizations or in public spaces in the vicinity of such authorities and organizations, where such access enables support to public services that are provided in the premises of public sector authorities and organizations;
2) For the activities of non-governmental organizations or public sector authorities and organizations aimed at unifying the radio networks with local coverage (RLAN) of different end users and making them available, on the principle of reciprocity or otherwise, including, if applicable, radio networks with local coverage (RLAN) through which public access is prescribed in accordance with item 1) of this paragraph.
Control of the Radio Frequency Spectrum and Protection against Interference
Article 115
For the purpose of harmonizing the use of the radio frequency spectrum at the national and international level, the Regulator shall perform constant control of the use of the radio frequency spectrum in the territory of the Republic of Serbia.
For the purposes of carrying out the tasks referred to in paragraph 1 of this Article, systems of control-measuring centers and remotely controlled control-measuring stations, with the necessary measuring, computer and communication equipment, software support, as well as measuring and other vehicles, shall be formed within the Regulator.
For the purposes of performing the duties of the Regulator from paragraph 1 of this Article, public sector bodies and organizations shall enable the Regulator to establish the system from paragraph 2 of this Article at locations that are technically suitable for performing those duties of the Regulator.
Operators of public electronic communication networks shall perform the tasks of measuring, examining and determining the causes of interferences and take measures to eliminate them within their electronic communication network.
The Regulator shall perform the tasks of measuring, examining and determining the causes of interferences in the radio frequency spectrum created by radio stations, radio systems and other radio equipment, or other electronic communication equipment outside of the operators' electronic communication networks.
The tasks referred to in paragraph 5 of this Article, in relation to interferences in the radio frequency spectrum created by electronic communication networks, radio stations, radio systems or other radio equipment of a foreign state, shall be performed by the Regulator in cooperation with a competent body of such state, in accordance with the relevant regulations of the International Telecommunications Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT) and the European Union.
Technical inspections and other examinations for determining the existence and cause of interferences shall be carried out by the Regulator. Technical inspections can also be performed by a person authorized to perform measurements and examinations from Article 167 of this Law.
The control of the radio frequency spectrum for special purposes shall be carried out by the Regulator in cooperation with the bodies referred to in Article 112, paragraph 1 of this Law.
The Regulator shall undertake measures to eliminate interferences and unauthorized use of the radio frequency spectrum, determined in the procedure of control of the radio frequency spectrum, as well as irregularities in the procedure of technical inspection, in accordance with the provisions of this Law regulating professional supervision, as well as regulations adopted on the basis of this Law.
The Regulator shall take measures from paragraph 9 of this Article without delay, when the work of defense and security authorities, emergency services, aviation, maritime and radio navigation services, as well as radio communications on inland waterways is threatened.
The Regulator shall regulate in more detail the way of controlling the use of the radio frequency spectrum, performing technical inspections and protection against interference.
Database on the Use of the Radio Frequency Spectrum
Article 116
The Regulator shall maintain an up-to-date database related to the use of the radio frequency spectrum, which in particular contains: data on allocated radio frequencies and radio frequency ranges, with corresponding data on the conditions of allocation and use, the geographical area of their use, as well as data on individual permit holders and other users of the radio frequency spectrum.
The database referred to in paragraph 1 of this Article shall contain personal data of the user of the radio frequency spectrum, namely: first and last name, unique citizen identification number, e-mail address, domicile address, telephone number.
The data from paragraph 2 of this Article shall be processed for the purpose of fulfilling the competences prescribed by law, acting on user requests and issuing permits for radio stations, and they shall be stored permanently.
The Regulator shall publish and update data from paragraph 1 of this Article on its web presentation with the possibility of comprehensive search, and shall deliver data from the stated database at the request of competent authorities.
The Regulator shall maintain an up-to-date database related to radio frequency spectrum control and technical inspections.
XIII MEDIA CONTENT DISTRIBUTION
Operator of Electronic Communication Network for Distribution of Media Content and Operator of Multiplex for Terrestrial Television and Radio Broadcasting
Article 117
The operator of the multiplex shall provide the holders of authorization in accordance with the law governing the field of electronic media access to the multiplex in the framework of the network of the operator of the electronic communication network for the terrestrial distribution of media content, taking into account the efficient use of available capacities.
The operator of the multiplex, that is, the operator of the electronic communication network for the terrestrial distribution of media content, can, in order to efficiently use the free capacities referred to in paragraph 1 of this Article, enable the provision of services of conditional access in accordance with the law governing the field of electronic media.
The operator of the electronic communication network for the terrestrial distribution of media content and the multiplex operator shall regulate their mutual rights and obligations by contract.
The operator of the electronic communication network for the terrestrial distribution of media content and the operator of the multiplex can be the same person.
The Ministry, on the basis of a proposal prepared by the Regulator in cooperation with the body responsible for the field of electronic media, shall adopt an act that more closely regulates the technical requirements for the terrestrial distribution of media content and access to the multiplex.
Media Content of Different Image and Tone Formats
Article 118
The electronic communication network for the distribution of media content shall be planned in a way that allows sufficient capacities for the distribution of different image and tone formats, which can be in standard and high resolution (which shall include different formats of wide screens, as well as high dynamics of image and sound), in accordance with the act from Article 117, paragraph 5 of this Law.
The operator of the electronic communication network for the distribution of media content, when receiving and transmitting media content shall maintain the image and tone format from paragraph 1 of this Article, that is, the image and tone format stipulated by contract.
Interoperability of Automobile and Consumer Radio Receivers and Consumer Digital Television Equipment
Article 119
Automobile radio receivers and consumer digital television equipment, which is supplied to the market of the Republic of Serbia, must comply with the requirements for interoperability established in the regulation from paragraph 4 of this Article.
The operators that provide the service of distribution of media content in the shape of television broadcasting shall, if that is appropriate, ensure the interoperability of the digital television equipment they supply to end users, so that, if that is technically possible, the digital television equipment could be reused for providing digital television services of other operators.
The operator referred to in paragraph 2 of this Article must provide the end user, after termination of the contract, free of charge, a simple procedure for returning digital television equipment, unless the operator proves that this equipment is fully interoperable with the services of other operators that provide media content distribution services in the shape of television broadcasting, including a new operator that provides the service of distribution of media content in the shape of television broadcasting to the end user.
The Ministry, at the proposal of the Regulator, shall prescribe more closely the requirements for the interoperability of automobile radio receivers and consumer digital television equipment.
The regulation from paragraph 4 of this Article may also prescribe technical requirements for the interoperability of automobile and consumer radio receivers and consumer digital television equipment, to which the requirements for interoperability from paragraph 4 of this Article shall not apply, as well as the conditions for switching to new standards in the field of radio broadcasting, while those technical requirements shall neither apply to products in which the radio receiver has only an auxiliary function, such as smartphones, nor to amateur radio equipment.
Article 120
The Regulator shall, at the request of the body responsible for electronic media, designate an operator of an electronic communication network for the distribution of media content, which shall broadcast certain media content, in accordance with the law governing the field of electronic media, and under conditions that are in accordance with the principles of proportionality, transparency and non-discrimination.
The obligation to broadcast media content from paragraph 1 of this Article shall be set for the appropriate geographical area:
1) When a significant number of end users uses the electronic communication network of that operator as the only or primary way to receive media content and
2) If this is necessary to achieve clearly defined goals of public interest in the field of public information, which shall be determined by the body responsible for electronic media, in accordance with the law governing the field of electronic media and the law governing the field of public information, respecting the principles of proportionality and transparency.
The obligation to broadcast media content shall particularly apply to services that enable appropriate access to end users with disabilities.
The Regulator shall, in cooperation with the body responsible for electronic media, check the fulfillment of the obligation to broadcast media content from paragraph 1 of this Article and review the broadcasting obligation at least once every three years or at the request of the operator with the established obligation to broadcast.
Special Obligations to Provide Access
Article 121
The Regulator can enlist the following obligations on the operator of the electronic communication network for the distribution of media content:
1) To provide another operator, under acceptable and non-discriminatory conditions, access to application program interfaces and electronic program guides, i.e. to the extent necessary to provide services to end users, to provide open access to the applicative program interface;
2) To ensure, in cooperation with equipment manufacturers, the provision of interoperable digital television services to end users with disabilities.
The Regulator shall exercise the authority from paragraph 1 of this Article in accordance with the principles of objectivity, transparency, proportionality and non-discrimination.
Article 122
The operator of the electronic communication network for the distribution of media content, which offers services of conditional access to media content (hereinafter: conditional access service operator), shall provide technical capabilities for full control of the provision of media content through such a system.
The conditional access service operator shall, under fair, reasonable and non-discriminatory conditions, offer media content providers technical services that enable their end users to access media content with the use of conditional access devices.
The conditional access service operator shall not disturb the reception of media content that is distributed without conditional access.
The conditional access service operator shall apply separate accounting to the business activity related to conditional access services.
Holders of industrial property rights on devices and systems of conditional access shall assign the right to use those devices and systems to manufacturers of terminal equipment under conditions that are fair, reasonable and non-discriminatory, and that do not prevent manufacturers from installing in the same device the interfaces for connecting to other systems for access or to parts specific for other access systems, to the extent that this does not compromise the safety of the conditional access system.
Article 123
When a separate law stipulates that an integral part of the permit for the provision of radio media service is an individual permit for the use of the radio frequency spectrum intended for sound analog radio broadcasting, the Regulator shall issue the individual permit at the request of the body responsible for electronic media, in accordance with the provisions of this Law and for the period determined in the permit for the provision of radio media service.
Introduction of Digital Terrestrial Broadcasting of Radio Media Service
Article 124
The Ministry, in cooperation with the Regulator and the body responsible for the field of electronic media, shall adopt an act on the introduction of digital terrestrial broadcasting of the radio media service and access to the multiplex.
The act referred to in paragraph 1 of this Article shall regulate in particular:
1) Method and time schedule of introduction;
2) Requirements and dynamics regarding the establishment of a network for the distribution of digital radio program in the territory of the Republic of Serbia;
3) Requirements for the formation of a multiplex;
4) Scope of use of radio frequencies, to the extent necessary for the successful introduction of digital broadcasting of radio program;
5) The way of filling the multiplex with radio programs.
XIV PROTECTION OF RIGHTS OF END USERS
Article 125
A business entity shall not apply different conditions for the provision of network access services or electronic communications services as pertaining to nationality, citizenship, domicile, or business seat of end users, except where objective reasons exist.
Information on the Terms and Conditions of a Contract
Article 126
The provider of a publicly available electronic communication service, except for the provider of communication services between machines, shall, prior to conclusion of a contract with consumers, i.e. end users, where specifically indicated, provide information that shall, in particular, include:
1) The minimum quality of service provision, to the extent that it is offered, and for services that are not Internet access services special guaranteed quality parameters; if the minimum quality of service is not offered, the service provider shall make a statement thereof;
2) The cost of activating the electronic communication service and the amount of any recurring fees or fees associated with consumption, if applicable and to the extent applicable;
3) The term of validity of the contract and the conditions under which the contract is renewed and terminated, including the costs of termination;
4) Minimum use of the service or the duration of the contract required to exercise the right to promotional benefits;
5) Procedure related to the change of Internet access service provider and fees in case of delay or abuse when changing the Internet access service provider;
6) The right of the consumer who uses the prepaid service to get a refund of the remaining amount of the service paid in advance, per request, in the event of a change of Internet access service provider;
7) All fees payable in case of termination of the contract before the end of the period for which it was concluded, including information on unlocking the terminal equipment and all refunds of costs associated with the terminal equipment;
8) Compensations and conditions for returning funds in case of non-compliance with the agreed level of service quality and compensations in case of inadequate application of security measures;
9) Measures that the operator can implement in order to maintain the security and integrity of its networks and services, prevent abuses, as well as control the forbidden content.
The providers of Internet access services and publicly available communication services between persons, in addition to the data from paragraph 1 of this Article, shall also provide the following information:
1) The minimum quality of service provision to the extent that it is offered taking into account the guidelines of European regulatory bodies, namely for Internet access services - especially delay, delay variations, and package loss, and for publicly available communication services between persons, while the providers of these services control at least some parts of the network or, for that purpose, have concluded a service level agreement (SLA) with a business entity that provides access to the network, especially the time required for connection, the probability of failures, and the delay of signaling messages in accordance with Article 135 of this Law;
2) Conditions, including the fees prescribed by the service provider for the use of the delivered terminal equipment, without questioning the right of end users to use the terminal equipment according to their own choice in accordance with Article 134 of this Law;
3) The amount of the one-time fee for connecting the electronic communication service and the amount of all recurring fees and fees related to consumption;
4) Details of the specific tariff package based on the contract, and for each tariff plan the type of services offered, and if applicable, the amount of traffic (such as the number of megabytes, minutes, messages) included in the billing interval and the price of additional traffic;
5) The possibility for consumers to carry over the unused amount from the previous accounting period to the next accounting period, in the case of a tariff package with a pre-determined amount of traffic, if this possibility is provided for in the contract;
6) Enabling account transparency and spending monitoring;
7) Information on tariffs related to numbers or services to which special pricing conditions are applied, and if applicable, for individual categories of services, this information is provided immediately before connecting a call or connecting with a service provider;
8) For service packages and packages that include services and terminal equipment, the price of individual package elements to the extent that they are independently provided on the market;
9) Details and conditions, including fees, related to after-sale services of maintenance and customer support;
10) The method in which updated information can be obtained on all applicable tariffs and maintenance fees;
11) Information on the duration of the contract for service packages and conditions for renewing and terminating the contract, and if applicable, conditions for terminating the service package or elements thereof;
12) Handling of personal data that are made available before the start of service provision or collected in the context of service provision, traffic data and location data for the period of duration and following termination of the contractual relationship;
13) Regular informing the end users with disabilities about products and services that are specially adapted for their needs, as well as the manner in which updated information regarding the details of products and services can be obtained;
14) The manner of launching the complaints procedure and resolving complaints, as well as the option of out-of-court settlement of disputes referred to in Articles 139 and 140 of this Law.
Providers of publicly available communication services between persons that are based on the use of numbering, except for the data referred to in paras. 1 and 2 of this Article, shall also provide information on:
1) All restrictions on access to emergency services or data on the location of person who calls the emergency service due to technical restrictions to the extent in which the service enables the end user to make a call to a number from the numbering plan;
2) The right of the end user to choose whether his personal data are entered into the public directory, with a specified type of data to be entered.
Providers of Internet access services, apart from the data from paras. 1 and 2 of this Article shall provide the end users with the following information:
1) On traffic management measures and their impact on the quality of Internet access service, privacy of end users, protection of personal data and information on personal data that should be made available before the start of service provision or collected in the context of service provision;
2) On the manner in which any limitation to the amount of data, flow and other service quality parameters can affect the quality of the Internet access service, and especially the use of content, applications and services;
3) On how electronic communication services provided in closed electronic communication networks using the Internet protocol (IPTV, VoLTE and other) can affect the Internet access service provided to the end user;
4) On the minimal, usually available, maximal, and advertised throughput for downloading and sending data in case of stationary networks, as well as the estimated maximal and advertised throughput for downloading and sending in case of mobile networks and on how much the deviation from the advertised throughput affects the rights of end users from Article 134, paragraph 1 of this Law;
5) On the legal means available to the end user in case of any discrepancy that occurs constantly or regularly, between the real quality of the Internet access service in terms of flow or other quality parameters, and the contracted quality.
Information from paras. 1-4 of this Article shall be provided in a clear and unambiguous way on a permanent information carrier or, if this is not feasible, within a document available to a consumer for inspection and download. The service provider shall inform the consumer of the existence of that document and the importance of its download for the purposes of storage, future searching, and unaltered reproduction.
Information referred to in paras. 1-4 of this Article shall be provided, upon request, in a way and in a shape that is accessible to end users with disabilities.
The provisions of this Article and Article 127 of this Law shall also relate to end users - micro and small legal persons and non-profit organizations, unless they have expressly agreed to waive these provisions in whole or in part.
The provider of a communication service between persons based on the use of numbering or Internet access service shall, in accordance with his technical capabilities, provide free information on the prices of outgoing and incoming calls, sending text messages and data transfer in roaming during each individual entry of the end user to a new roaming zone.
The Regulator shall determine in more detail the information that the service provider is obliged to publish in accordance with paras. 1-4 of this Article and Article 127 of this Law, the manner of its publication, and time limits.
Transparency of the Contract’s Terms and Conditions
Article 127
Providers of Internet access services or providers of publicly available communication services between persons shall, in a clear, unambiguous, machine-readable manner and in a manner that is accessible to end-users with disabilities, provide information relating to:
1) Contact information of the service provider;
2) A description of the services offered, including:
(1) The specification of the offered services and the main characteristics of each offered service, including the minimal quality of service provision, if offered, and any restrictions related to the use of terminal equipment;
(2) The prices of the services offered, including traffic data (such as limits on the amount of data transmission, the number of minutes of voice traffic or the number of messages) in special tariff packages and the prices applied to additional consumption units, numbers or services for which special pricing conditions apply, about access and maintenance fees, all types of consumption-based fees, special tariff schemes, as well as all additional fees and costs related to terminal equipment;
(3) Offered after-sales services, services of maintenance and customer support, as well as their contact information;
(4) Standard terms and conditions of the contract, including the term of validity of the contract, fees due to the temporary termination of the contract, rights related to the termination of the contract for service packages or their elements, procedures and fees related to the porting of the number and other indicators, if applicable;
(5) In case of a provider of communication services between persons based on the use of numbering - data on access to emergency services and data on the location of the caller, as well as on all restrictions related to the location of the caller, as well as data on the degree to which access can be provided to emergency services for the provider of communication services between persons that are not based on the use of numbering;
(6) Details on the products and services, including any features, practices, policies, procedures and changes in the way of provision of services that are specifically designed for end users with disabilities;
(7) The method of resolving complaints, including the procedures established by the service provider.
The Regulator shall have the jurisdiction to enable the publication of data from paragraph 1 of this Article, in accordance with Article 126 of this Law, and it shall regulate, in more detail, the relevant data that it publishes and the data that are published by providers of Internet access services and providers of publicly available communication services between persons, the manner and the deadlines for the publication of such data, all in order to enable end users to make a decision. Prior to determining any obligation and if deems it appropriate, the Regulator may promote self-regulation and co-regulation measures.
Article 128
The rights and obligations between the provider of publicly available electronic communication services and end users shall be stipulated by a contract.
When concluding or amending a contract for the use of electronic communication services, the electronic communication service provider can assess the consumer's solvency with a prior consent of the consumer, by pulling a report from the database on consumers indebtedness, in the manner prescribed by the rules of the database operator, for the purpose of deciding whether to provide the electronic communication service. The operator may submit the data on the settlement of consumer obligations relevant to the assessment of solvency, through the information system to the database on consumer indebtedness prescribed by the law regulating the protection of users of financial services for the purpose of checking the solvency and credit capacity of consumers by banks and by the provider of electronic communication service.
The provider of publicly available electronic communication service, except for the provider of communication services between machines, shall provide consumers, free of charge, with a short and legible summary of the contract on the prescribed form before concluding the contract.
The summary of the contract from paragraph 3 of this Article shall include the following:
1) Business name, address of the headquarters of the service provider, address for receiving complaints if it differs from the address of the headquarters, e-mail address and registration number;
2) Basic characteristics of the service that is provided independently or in a package and those of the terminal equipment (type of terminal equipment, amount of data transfer of calls, messages, type of television package with a list of TV channels, etc.);
3) Data on prices, the amount of a one-time fee for connecting to electronic communication service and all recurring fees and fees related to consumption, retail prices of terminal equipment, including preferential retail prices, as well as information on the prices of additional services if available;
4) The term of validity of the contract, as well as the conditions under which the contract is extended and terminated, including fees for early termination and the manner of using the terminal equipment;
5) Information on the availability of services for end users with disabilities and information on the most important products and services (specialized equipment, special tariffs, communication with emergency services, etc.);
6) In terms of the Internet access services, a clear and comprehensible explanation regarding the minimal, commonly available, maximal and advertised throughput for downloading and sending data in the case of stationary networks, as well as the estimated maximal and advertised throughput for downloading and sending data in the case of mobile networks;
7) In terms of the Internet access services, a clear and comprehensible explanation of the legal remedies available to the consumer in the event of any constant or frequently recurring discrepancy between the actual quality of the internet access service in terms of throughput or other quality parameters and the contracted quality.
The form of contract summary shall be prescribed by the Regulator in more detail.
Information on the terms and conditions of the contract and the prices of services referred to in Article 126 of this Law, as well as the contract summary from paragraph 4 of this Article, valid at the time of contract conclusion, shall serve as an integral part of the contract.
The provisions of paragraphs 3, 4 and 6 of this Article shall also apply to end users - micro and small legal persons and non-profit organizations, unless they have expressly agreed to waive these provisions in whole or in part.
Consumer contracts that are concluded in the public procurement procedure can deviate from the conditions and price lists that the operator has made publicly available in accordance with the provisions of this Article and Article 127 of this Law.
Period of Validity and Termination of Contract
Article 129
The period of validity of the contractual obligation that the provider of publicly available electronic communication service, except for the provider of communication service between persons that is not based on the use of numbering and the provider of communication services between machines, concludes with a consumer for a fixed term, cannot be longer than 24 months.
Contracts concluded specially for connection to network, especially to a very high-capacity network, which include payment in installments and do not include terminal equipment, can last longer than 24 months and shall not prejudice the exercise of consumer rights based on this Article.
The provider of the service referred to in paragraph 1 of this Article, shall, no later than 30 days before the expiry of the period for which the fixed term contract was concluded, on a permanent data carrier or in another appropriate way that allows the end user to save the notification on a permanent carrier, inform the end user about the period of validity of the contract and about his rights and obligations in this regard and at the same time advise him about the best tariffs related to his services.
Following the expiration of the period for which the fixed term contract was concluded, the contract shall be automatically extended for an indefinite period and the end user shall have the right to terminate the contract at any time with a maximum notice period of one month without paying the costs related to the termination of the contract, with the exception of compensation for using the service during the notice period.
Any significant discrepancy, which is permanent or frequently repeated, between the actual quality parameters of the electronic communication service, which is not an Internet access service or a communication service between persons that is not based on the use of numbering, and the quality parameters specified in the contract shall be considered a basis for activating legal remedies which are available to the consumer in accordance with Articles 139 and 140 of this Law, including the right to terminate the contract without the obligation to pay costs related to the termination.
The right to termination from paragraph 5 of this Article shall be determined in accordance with article 140 of this Law.
A consumer submitting a request for unilateral termination of the contract referred to in paragraph 1 of this Article, concluded for a fixed period of time, shall pay the costs related to the termination, which shall include:
1) Monthly fee for the remaining period of validity of the contract concluded for a fixed term, as well as the remaining monthly installments for the terminal equipment purchased with the service or
2) Compensation in the amount of the difference between the full price and the discount realized on services and terminal equipment, if paying this amount is more favorable for the consumer.
The end user who unilaterally terminated the contract that was entered into for a fixed term shall have the right to transfer the number to the network of another operator, in accordance with the provisions of this Law.
The provisions of paras. 1-3. and 6-8 of this Article shall also relate to end users - micro and small legal persons and non-profit organizations, unless they have expressly agreed to waive these provisions.
Article 130
The provisions of this Law that refer to Article 128, paragraph 4, and Art. 129, 131 and 132 of this Law, shall also be valid in the case of individual services bundled into packages or bundles of services and terminal equipment offered to the consumer and which at least include Internet access service or a publicly available communication service between persons based on the use of numbering.
Any significant deviation, which is permanent or frequently repeated, between the actual quality parameters of each individual service bundled into a package, shall be considered as basis for activating the legal remedies available to the consumer in accordance with Articles 139 and 140 of this Law, including the right to terminate the contract with regard to all individual services bundled into packages without the obligation to pay the costs related to termination.
The right to termination from paragraph 2 of this Article shall be determined in accordance with Article 140 of this Law.
The term of the contract for bundled services shall not be extended when subscribing to additional services or purchasing terminal equipment, unless the consumer expressly agrees to the extension of the term of validity of the contract.
The provisions of paras. 1 and 4 of this Article shall also relate to the end users - micro and small legal persons and non-profit organizations.
Article 131
The provider of a publicly available electronic communication service, except for the provider of a communication service between persons that is not based on the use of numbering and the provider of communication services between machines, shall notify the end user, at least 30 days in advance, in a clear and understandable manner, on a permanent data carrier or in another appropriate way that allows the end user to save the notification on a permanent data carrier, about the intention to unilaterally change the terms of the contract, as well as the right of the end user to terminate the contract before the expiry of the period for which it was concluded, without the obligation to pay the costs related to the termination.
The service provider referred to in paragraph 1 of this Article shall keep the records of the delivered notifications referred to in this Article, which shall include the consumer's first and last name, user number, as well as the time of delivery of the notification.
The end user shall have the right to terminate the contract, without the obligation to pay the costs related to the termination, within 30 days from the date of receipt of the notification of the intention of unilateral change of the contract terms by the provider of the publicly available electronic communication service, except for the provider of the communication service between persons that is not based on the use of numbering, if the notified unilateral changes significantly modify the terms under which the contract was concluded, in a way that is not in the favor of the end user, especially with regard to the specification of services and conditions for usage of services in connection with the offered promotional benefits.
The end user does shall not have the right to terminate the contract, without the obligation to pay the costs related to the termination, when the unilateral change of the terms of the contract by the service provider from paragraph 2 of this Article is of an administrative nature and has no negative consequences for the end user or is a consequence of legal and regulatory changes.
Pursuant to Article 129, paras. 2 and 6 of this Law, the right to terminate the contract without the obligation to pay costs related to the termination shall also include the right of the end user to keep the terminal equipment with the payment of the remaining amount up to the preferential price of the terminal equipment determined at the time of the conclusion of the contract or payment of the monthly fee for the remaining period validity of the contract, if that is more favorable for the end user.
The service provider referred to in paragraph 3 of this Article shall remove all restrictions to the use of terminal equipment free of charge, at the latest upon payment of the amount referred to in paragraph 5 of this Article.
For signal transmission services used for communication services between machines, the rights of end users from paras. 3-6 of this Article shall relate only to consumers, micro and small legal persons, and non-profit organizations.
The Regulator shall prescribe the content of the notification from paragraph 1 of this Article in more detail.
Change of Internet Access Service Provider
Article 132
Internet access service providers shall provide the end user with information regarding the procedure for changing the Internet access service provider, prior to launching and in the course of the procedure, as well as to ensure the uninterrupted duration of the Internet access service, if this is technically feasible.
The new Internet access service provider shall ensure that the activation of the Internet access service takes place in the shortest possible time on the date and within the time limit expressly agreed with the end user. The replaced Internet access service provider shall continue to provide its Internet access services under the same conditions until the new Internet access service provider activates its Internet access services. Interruption of service provision during the process of changing the Internet access service provider shall not last longer than one working day.
Existing and new Internet access service providers shall reach mutual cooperation in the process of change of the Internet access service provider and shall not hinder or prevent the process of changing service providers, or transfer end users without their express consent.
The contract with the end user shall be considered automatically terminated on the day of successful completion of the change of Internet access service provider.
The service provider referred to in paragraph 1 of this Article, shall at the consumer's request, refund the entire remaining amount of prepaid services, on which a fee can be charged that includes the actual costs incurred for the operator, but only if that is provided for in the user contract.
End users shall have the right to compensation in the event where the new provider and/or replaced provider of Internet access services fails to meet the deadline from paragraph 2 of this Article.
The Regulator shall prescribe in more detail the conditions and method of changing the Internet access service provider, as well as the amount of compensation in case of exceeding the deadlines for changing the Internet access service provider.
Article 133
The provider of value-added services shall publish in advance a detailed description and price of the overall service, i.e. of all its components, the conditions of service provision and the address for delivery of complaints.
The Regulator shall regulate in more detail the obligations of the operator that transmits value-added services and the service provider from paragraph 1 of this Article, especially with regard to the advertising of services, the conditions for starting and ending the provision of value-added services to the end user, the method of calculating and charging for services, the method of processing personal data, traffic data and location data, control of illegal content and resolution of complaints, in particular taking into consideration the protection of interests of end users.
End-users of value-added services shall access services through special numbers and special codes determined by the Numbering Plan for the provision of said services.
Article 134
The Internet access service provider shall provide its end users with access to information and content and their distribution, as well as the use of applications, services, and terminal equipment of their choice, regardless of the location of the end user or the Internet access service provider, the origin or destination of the information, content, application, or service.
When providing the Internet access service, the service provider shall deal with all traffic without discrimination, in a transparent manner and without limiting or interfering regardless of the sender and recipient, the content accessed or distributed, the applications or services that are used or provided, or the terminal equipment that is used.
Obligations from paras. 1 and 2 of this Article shall not prevent the Internet access service provider from implementing regular traffic management measures that must be transparent, non-discriminatory, proportional, of limited duration, and must not be based on business interests but on objective requirements related to the technical quality of services.
Internet access service providers shall not implement additional traffic management measures, except for the measures referred to in paragraph 3 of this Article, and in particular shall not block, slow down, change, limit, interfere, degrade or discriminate against certain contents, applications or services, or certain categories thereof, unless that is necessary, and only for as long as necessary, for the purpose of:
1) Compliance with national legislation, including court decisions or decisions of public authorities to which appropriate powers have been assigned;
2) Preservation of the integrity and security of the network, services provided through that network and terminal equipment of end users;
3) Mitigating the effects of temporary network congestion, provided that identical categories of traffic are treated equally.
The Regulator shall prescribe in more detail the obligations of Internet access service providers related to open Internet access and monitor compliance with the prescribed obligations.
Article 135
The Regulator shall be authorized to, in order to ensure quality in the provision of Internet services and publicly available communication services between persons and to protect the interests of end users:
1) Prescribe in more detail the quality parameters of electronic communication services as well as the content, form and method of notifying end users about the offered quality of services, including possible mechanisms for determining quality in order to ensure that end users, including end users with disabilities, have access to comprehensive, comparable, reliable and simply presented data;
2) Determine the minimal quality of providing electronic communication services to the operator of the public electronic communication network.
The Regulator shall be authorized to, for the needs of end users, oblige service providers from paragraph 1 of this Article to publish comparable, appropriate and up-todate data on the quality of their services, to the extent in which certain elements of the network are under their control, directly or on the basis of an agreement on provision of services, and data on measures taken to ensure equality in the access of end users with disabilities, as well as to notify the end users if the quality of services it provides depends on factors that are not under its control.
At the request of the Regulator, the operator shall submit the data from paragraph 2 of this Article prior to their publication.
Ensuring the Availability of Services and Terminal Equipment to End Users with Disabilities
Article 136
End users with disabilities must be provided with:
1) Availability of electronic communication services, including the services of the universal service, as well as relevant information on the terms of the contract in accordance with Article 126 of this Law, which are equivalent to the services that are available to the majority of end users;
2) The possibility of choosing an operator and services available to the majority of end users.
The Regulator shall prescribe in more detail the special obligations of service providers in terms of ensuring the availability of certain electronic communication services, including universal service services and appropriate terminal equipment to end users with disabilities.
Database on Prices and Quality of Electronic Communication Services
Article 137
The Regulator shall maintain an up-to-date database on prices, tariffs and quality of Internet access services, publicly available communication services between persons that are based on the use of numbering, media content distribution services and, if possible, publicly available communication services between persons that are not based on the use of numbering, on its web presentation, with the option of comprehensive search and comparing.
End users shall have the right to use information on prices, tariffs, and quality of electronic communication services from paragraph 1 of this Article free of charge and in an open format, for the purpose of comprehensive search and comparison.
The database from paragraph 1 of this Article should:
1) Be operationally independent from the service providers, thus ensuring that all service providers are treated equally in search results;
2) Clearly provide information on who owns and manages the database;
3) Contain clear and objective criteria on which its use is based;
4) Use simple and unambiguous language;
5) Provide accurate and up-to-date information and indicate the time of the last update;
6) Be open to any provider of Internet access services or publicly available communication services which makes relevant information available and include a wide range of offers that cover a significant part of the market and if the displayed information does not represent a complete overview of the market, a clear statement should be made about this prior to the display of results;
7) Ensure an efficient procedure for reporting incorrect information;
8) Enable the search and comparison of prices, tariffs and service quality among the offers available to end users.
Bill and Detailed Billing Specification
Article 138
The provider of publicly available electronic communication service shall issue a bill for electronic communication services to the end user in electronic form, of which he shall be informed in a timely and convenient manner.
The bill referred to in paragraph 1 of this Article shall be issued, free of charge, in paper form, at the request of the end user or if there are no technical possibilities for receiving the bill in electronic form.
The internet access service provider and the operator of a communication service between persons must enable, at the request of the end user, the suspension of the issuing of bills by third parties for their products and services through the bills of the internet access service provider or the operator of a communication service between persons.
The service provider referred to in paragraph 1 of this Article shall provide, at the request of the end user, i.e. the end user's authorized person, free of charge, a detailed specification of the services provided with the calculation of the charge for each individual service, for the purpose of simple verification and control of the costs of the services provided.
The specification of the provided services from paragraph 4 of this Article shall also include data on calls to value-added services, which include data on the value-added service provider and the duration of the charged services, unless there is a request from the end user to not include this information.
The right to specify the provided services from paragraph 4 of this Article shall belong to the end user, that is, the authorized person of the end user, who submits a request to the service provider from paragraph 1 of this Article, and the service provider shall determine the identity of the applicant on the occasion of submission of the request.
The data from paragraph 4 of this Article shall not include data on calls that are free of charge, calls sent to emergency services and the content of communication.
Article 139
The end user can submit a complaint to the provider of publicly available electronic communication service on the amount charged for the service provided, that is, on the quality of the service provided, as well as request a corresponding reduction of the bill for services with lower quality than contracted and/or prescribed.
The service provider referred to in paragraph 1 of this Article shall issue to the end user a confirmation of receipt of the complaint referred to in paragraph 1 of this Article, that is, the communication number under which the complaint referred to in paragraph 1 of this Article was filed with the operator.
The deadline for submitting a complaint from paragraph 1 of this article shall be 30 days from the due date of the bill for the service where the complaint refers to the amount of the bill, that is, 30 days from the day the service was provided or from the day of the impossibility of using the service, in case of a complaint on service quality.
The end user is obliged to pay the undisputed part of the billed amount, but if he challenges the entire bill, he is obliged to pay the average monthly fee in the period of last three months prior to the period to which the complaint refers.
The service provider from paragraph 1 of this Article shall not be liable for the quality of the provided service if it is lower than prescribed and/or contracted due to objective causes that could not be predicted, avoided or removed (force majeure), as well as due to timely announced network and service maintenance works within the time limits appropriate to the circumstances.
The service provider referred to in paragraph 1 of this Article shall, within the time limit defined by the law regulating consumer protection, provide the consumer with a response, stating the facts and evidence on the basis of which the amount of debt for the services provided, i.e. the quality of the services provided, was determined, accept the founded request for a corresponding reduction of the account and/or termination of the contract, i.e. dismiss the said request.
As an exception to paragraph 6 of this Article, the time limit for resolving end-user complaints related to roaming services, international traffic, as well as value-added services, cannot be longer than 30 days from the day the complaint is received.
The time limit for resolving complaints of end users who are not consumers cannot be longer than 30 days from the day of receipt of the complaint.
The end user whose complaint was dismissed and who did not initiate a procedure for out-of-court settlement of the dispute before another competent body, may contact the Regulator within 60 days from the date of delivery of the service provider's response to the complaint from paragraph 1 of this Article, i.e. within 60 days from the date of expiry of the time limit in which the service provider from paragraph 1 of this Article was obliged to respond to the complaint. The complaint of the end user shall include: name and surname, address of the end user, user number and data on traffic, as well as other data necessary to resolve complaints.
The end user who submits the complaint and duly fulfils the obligation of payment from paragraph 4 of this Article cannot be submitted to suspension of the provision of the service by the service provider from paragraph 1 of this Article, or to disconnection of the terminal equipment from its network, until the expiry of the time limit for initiating out-of-court dispute resolution referred to in paragraph 9 of this Article, i.e. in the case of initiation of out-of-court settlement of the dispute, until its conclusion.
Out-of-court Settlement of Disputes before the Regulator
Article 140
In the case referred to in Article 139, paragraph 9 of this Law, the Regulator shall initiate the procedure of out-of-court settlement of a dispute between the end user and the provider of a publicly available electronic communication service.
If the dispute cannot be resolved amicably, the Regulator shall adopt a decision resolving the dispute, in accordance with Article 24 of this Law.
The Regulator shall adopt the decision from paragraph 2 of this Article on the basis of submitted documents, collected data and statements of the parties to the dispute, as a rule, without conducting an oral hearing.
The Regulator shall adopt the decision from paragraph 2 of this Article in the shortest possible period of time, and no later than within 90 days from the date of initiation of the out-of-court dispute resolution procedure.
Notwithstanding paragraph 4 of this Article, in justified cases where the subject of the dispute is complex, the 90-day time limit may be extended by a maximum of another 90 days, of which the Regulator shall notify the parties to the dispute without delay.
The Regulator shall prescribe the procedure for out-of-court dispute settlement in more detail.
The procedure for out-of-court settlement of the dispute before the Regulator shall not exclude the possibility of initiating a procedure before a competent court.
Partial and Complete Suspension of the Provision of Electronic Communication Service
Article 141
The provider of Internet access services or publicly available communication service between persons that is based on the use of numbering may partially suspend the provision of the service to the end user who has not settled the financial obligations for the use of the service within 15 days from the due date of the bill or has not submitted a complaint to the provider of publicly available electronic communication services in accordance with Article 139 of this Law, until the day of settlement of due obligations, with prior notification to the end user of the temporary suspension of service provision.
In the case where the provision of the service has been partially suspended to the end user, and he then submits a complaint within the time limit referred to in Article 139, paragraph 3 of this Law and duly fulfills the payment obligation referred to in Article 139, paragraph 4 of the same Article, the service provider referred to in paragraph 1 of this Article shall resume with providing the service in full.
During the partial suspension of the service, the service provider referred to in paragraph 1 of this Article shall enable the end user to receive incoming calls when the end user is in the territory of the Republic of Serbia and make outgoing calls to the emergency services and the operator's free customer service number.
The service provider referred to in paragraph 1 of this Article can completely suspend the provision of the service to the end user if he failed to settle the financial obligations for the use of the service within two months from the due date, with prior notification to the end user of the complete suspension of the service provision.
The service provider referred to in paragraph 1 of this Article can partially suspend the provision of service to the end user if it determines that the end user is abusing the service or endangering the security and integrity of the network, i.e. endangering the operation of the electronic communication network, with prior sent warning to the end user to stop the aforementioned activities.
The service provider from paragraph 1 of this Article can completely suspend the provision of the service, i.e. terminate the contract, if the end user, despite the warning from paragraph 5 of this Article, continues to abuse the electronic communication service or compromises the security and integrity of the network, i.e. endangers the operation of the electronic communication network.
The service provider referred to in paragraph 1 of this Article shall, upon receipt of the act of the competent authority for carrying out inspection supervision, in which it was determined that harmful interference was caused due to the use of terminal equipment by the end user, warn the end user and set a time limit in which the end user shall cease using the terminal equipment or temporarily prevent him from using the service and notify him without delay thereof.
If, during the control of the execution of the act of the competent authority for inspection supervision referred to in paragraph 7 of this Article, repeated use of terminal equipment which causes harmful interference by the end user is determined, the service provider referred to in paragraph 1 of this Article shall, upon receipt of the notification, permanently disable the end-user from using the services, that is, terminate the contract.
The service provider referred to in paragraph 1 of this Article shall have the right to undertake actions referred to in paragraph 7 and 8 of this Article without an act of the authority responsible for inspection supervision, if the end user causes harmful interference by using terminal equipment in the electronic communication network of that operator.
Article 142
The provider of a communication service between persons that is based on the use of numbering or Internet access service shall, in accordance with its technical capabilities, enable the end user, in a simple manner and without charge:
1) Ban on outgoing calls, sending electronic messages, and data transmission, where the costs of these services exceed the amount determined in advance by the contract;
2) Ban on certain types of outgoing calls, as well as calls or sending electronic messages to certain types of numbers.
The operator referred to in paragraph 1 of this Article shall issue to the end user a corresponding confirmation of the actions taken from paragraph 1 of this Article.
Duty to Notify Consumer to Prevent Excessive Consumption
Article 143
The provider of a communication service between persons based on the use of a numbering or Internet access service shall deliver a free notification to the consumer, in accordance with its technical capabilities, if the current amount of debt for the current month is twice the average amount of debt for the service in the previous three months.
In case of non-existence of technical capabilities, the service provider referred to in paragraph 1 of this Article shall fulfill the obligation referred to in paragraph 1 of this Article immediately upon receiving the data on the realized traffic.
In the event where the consumer uses the service for a period of less than three months, the service provider referred to in paragraph 1 of this Article shall notify the consumer in the manner referred to in paragraph 1 of this Article, if the current debt amount for the current month is twice the contracted amount of the monthly fees.
The service provider referred to in paragraph 1 of this Article shall keep the records of the delivered notifications from this Article, which shall include the consumer's first and last name, user number, data on the traffic realized, as well as the time of delivery of the notification.
Article 144
The provider of a publicly available communication service between persons which is based on the use of numbering, that offers call identification service, shall enable the preventing of display of identification for an individual outgoing call or for all outgoing calls, in a simple manner and free of charge.
The service provider referred to in paragraph 1 of this Article that offers the call identification service shall enable the end user to turn off the identification of incoming calls, in a simple manner and without charge for the reasonable use of this possibility.
The service provider referred to in paragraph 1 of this Article that offers a call identification service shall provide a simple way of rejection of incoming calls with concealed identification.
The service provider referred to in paragraph 1 of this Article that provides the service of established line identification shall enable the end user to turn off the display of the established line identification to the caller, in a simple manner and free of charge.
The provision of paragraph 1 of this Article shall also relate to international outgoing calls, and the provisions of paragraphs 2-4 of this Article to international incoming calls also.
The provisions of paragraph 1 of this Article shall not be applicable to calls made to emergency services.
The service provider referred to in paragraph 1 of this Article shall have the right to temporarily suspend the possibility referred to in paragraph 1 of this Article in order to detect and prevent malicious or nuisance calls.
The service provider referred to in paragraph 1 of this Article, which provides the services of call identification or established line shall make information public about the possibilities and limitations referred to in this Article.
Article 145
The provider of a publicly available communication service between persons to whom the end user in written or electronic form reports and describes the manner, i.e. the content, approximate date and time of a malicious or nuisance call, shall record and save the identification data of such incoming call or short message, the date and time of the call or short message or a call attempt.
The provider of publicly available communication service between persons shall issue to the end user from paragraph 1 of this Article a corresponding confirmation in written or electronic form about the report of malicious or nuisance calls or short messages.
If the provider of a publicly available communication service between persons determines that, based on the report from paragraph 1 of this Article, the malicious or nuisance call or short message was sent from the number of its end user, it shall send a warning to that end user, i.e., in case of repeated nuisance, take other appropriate measures to prevent further nuisance.
If the provider of a publicly available communication service between persons determines that, based on the report from paragraph 1 of this Article, the malicious or nuisance call or short message was sent from a user number in the network of another provider of communication service between persons, it shall forward to that service provider the report on nuisance from of paragraph 1 of this Article, in order for that service provider to send a warning to its end user, that is, in case of repeated nuisance, to take other appropriate measures to prevent further nuisance, including the measure of temporary or permanent disconnection of the end user.
Providers of a publicly available communication service between persons shall cooperate for the purpose of monitoring and detecting malicious or nuisance calls or short messages, and in particular for the purpose of exchanging data on the number from which and to which the malicious or nuisance call or short message was sent and acting on forwarded reports from paragraph 4 of this Article.
Barring of Automatic Call Forwarding
Article 146
The provider of a publicly available communication service between persons shall enable the end user, in a simple way and free of charge, to bar automatic call forwarding, which was carried out by a third party, to the end user's terminal equipment.
Article 147
The provider of a publicly available electronic communication service shall, at the request of the end user, provide a parental control service, which shall enable:
1) Limiting access to certain contents;
2) Prohibition of making calls and sending electronic messages to certain numbers;
3) Making calls and sending electronic messages only to specific numbers;
4) Cost control from Article 142 of this Law.
The parental control service from paragraph 1 of this Article must be enabled on most tariff packages offered by the operator, in accordance with technical capabilities.
Unsolicited Messages and Calls
Article 148
Making calls, including the use of automatic calling and communication systems without human intervention, fax machines, electronic mail or other types of electronic messages, for the purpose of direct advertising, shall be permitted only with the prior consent of the end user (recipient).
Direct advertising that incorrectly displays or conceals the identity of the sender of electronic mail or other types of electronic messages, direct advertising that does not contain a specified electronic address i.e. telephone number through which the recipient can request the discontinuation of further sending of advertising messages, as well as sending electronic messages that encourage the recipient to visit a website the content of which is contrary to the law governing electronic commerce, shall be prohibited.
Obligations regarding Unsolicited Messages
Article 149
The provider of a publicly available communication service between persons that is based on the use of numbering shall provide the end user with filtering of unsolicited and harmful electronic messages, as well as a simple way to set up or turn off the filter.
The service provider referred to in paragraph 1 of this Article shall publicly announce the electronic address for reporting unsolicited and harmful electronic messages.
The service provider referred to in paragraph 1 of this Article shall, upon receipt of evidence of unsolicited and harmful messages sent by its end users, determine the factual situation and, depending on the degree of abuse, warn the end user or temporarily prevent him from using the service and inform him thereof without delay.
The service provider referred to in paragraph 1 of this Article shall have the right to, in case of repeated abuse, permanently disable the end user from using the services i.e. terminate the contract on the use of services.
Personal Data in the Public Telephone Directory
Article 150
The provider of a publicly available communication service between persons that is based on the use of numbering, which provides public telephone directory services shall notify the end user free of charge of the intention to include his personal data in the publicly available telephone directory in printed or electronic form, of the purpose of directory, availability of personal data through notification services, as well as of possibilities for searching personal data by third parties through search functions in the electronic form of the directory.
The inclusion of personal data in the publicly available telephone directory shall be possible only with the express consent of the end user.
The service provider referred to in paragraph 1 of this Article shall enable the end user, whose personal data are in the publicly available telephone directory, to check or correct the data, as well as allow the possibility of deleting personal data from the publicly available telephone directory, in a simple way and free of charge.
The provisions of paras. 2 and 3 of this Article shall apply to legal persons to the extent that they are not obliged to make their user number be available to the public.
Availability of Data in the Public Telephone Directory and Access to Notification Services
Article 151
The provider of a publicly available communication services between persons that is based on the use of numbering shall:
1) Create and maintain an up-to-date public telephone directory with the data of its end users, except for the end users referred to in Article 150, paragraph 2 of this Law;
2) Provide users of its services with information on numbers and public telephone directories.
The service provider from paragraph 1 of this Article shall comply with any reasonable request for access to data from paragraph 1, item 1) of this Article, under conditions that are objective, non-discriminatory and cost-based in accordance with the provisions of this Law and the law regulating protection of personal data.
The obligation from paragraph 2 of this Article shall, in particular, refer to the requests of other providers that provide public telephone directory services, which produce comprehensive publicly available telephone directories with data on all end users of voice communication services in the Republic of Serbia.
The Regulator shall prescribe in more detail the conditions regarding access and use of data from public telephone directories from paragraph 1, item 1) of this Article.
Article 152
A business entity that processes and stores end-user traffic data shall delete that data or process and save them so that it is not possible to recognize the person to who they belong to, where the traffic data is no longer necessary for the transmission of communication, with the exception of:
1) Data that are necessary to produce bills for services or interconnection, and which can be processed until the expiration of the deadline provided by law for complaint or collection of claims;
2) Data used by a business entity for the purpose of advertising and selling services, with the prior consent of the person to whom the data refer, as well as for the provision of services with added value, to the extent and in time necessary for such purposes;
3) Data retained in accordance with the provisions of the law governing data retention.
Prior to the commencement of traffic data processing from paragraph 1 item 1) of this Article and prior to obtaining the consent referred to in paragraph 1 item 2) of this Article, the business entity from paragraph 1 of this Article shall notify the end user about the types of data that shall be processed, that is, about the duration of processing, as well as about other information in accordance with the law regulating the right to protection of natural persons in connection with the processing of personal data.
A person who has given consent for data processing from paragraph 1, item 2) of this Article shall have the right to revoke the given consent at any moment.
The processing of traffic data referred to in paragraph 1 of this Article can only be carried out by persons authorized by the business entity referred to in paragraph 1 of this Article, and in particular by persons who perform the tasks of issuing bills, managing network traffic, answering end-user questions, detecting fraud, advertising and sale of electronic communications services, as well as provision of value-added services, to the extent necessary for the performance of the aforementioned activities.
The provisions of paras. 1 and 4 of this Article shall not relate to the possibility of the Regulator and other competent state authorities to gain insight into data on network traffic that are important for deciding disputes, especially regarding bills for services or interconnection.
Article 153
A business entity can process data on the location of the end user, which are not traffic data, only when they are processed in such a way that it is not possible to recognize which person it is or with the prior consent of the end user for the purpose of providing services with added value, to the extent and in time necessary for such purposes.
The provision of paragraph 1 of this Article shall not apply to location data that are retained in accordance with the provisions of the law governing data retention.
The business entity referred to in paragraph 1 of this Article shall, before obtaining the consent referred to in paragraph 1 of this Article, notify the end user about the types of location data that shall be processed, the purpose and duration of processing, as well as whether the data shall be provided to third parties for the purpose of providing value-added services.
A person who has given consent for data processing from paragraph 1 of this Article shall have the right to revoke the given consent at any time.
The business entity referred to in paragraph 1 of this Article shall provide the person who has given consent for the processing of data referred to in paragraph 1 of this Article, the possibility of refusing the processing of location data at every connection to the network or transmission of communication, in a simple way and without compensation.
The processing of location data from this Article may only be carried out by authorized persons of the business entity from paragraph 1 of this Article, i.e. authorized persons of the value-added service provider, to the extent necessary for the provision of the value-added service.
Article 154
The provider of a voice communication service and Internet access services via a public communication network, in case of extremely severe network failure or in cases of force majeure, shall take appropriate technical and organizational measures in order to ensure the highest possible availability of the aforementioned services.
The voice communication service provider shall take all necessary measures to ensure uninterrupted access to emergency services and uninterrupted transmission of public warnings.
Article 155
The provisions of Articles 126-154 of this Law shall not refer to micro legal persons that provide publicly available communication services between persons that are not based on the use of numbering, if they do not also provide other electronic communication services.
Micro legal persons referred to in paragraph 1 of this Article shall notify the end users about this exemption prior to concluding the contract.
Article 156
The provisions of Articles 138-143, 147-149 and Articles 152-154 of this Law, shall apply mutatis mutandis to business entities that were charged with the obligation to provide services of the universal service, when they provide services to consumers and end users which are micro, small and medium-sized legal persons and non-profit organizations.
The Regulator shall assess whether it is necessary to abolish the obligations from paragraph 1 of this Article in all or in part of the territory of the Republic of Serbia, depending on the degree of availability of the services to which the obligation refers.
XV SECURITY AND INTEGRITY OF PUBLIC COMMUNICATION NETWORKS AND SERVICES
Security and Integrity of Public Electronic Communication Networks and Services
Article 157
In order to ensure the security and integrity of public electronic communication networks and services, the confidentiality of communications, as well as the protection of personal data, traffic and location, a business entity shall apply adequate technical and organizational measures, appropriate to the existing risks, and especially measures for prevention and minimization of the impact of security incidents on users and interconnected networks, as well as measures to ensure the continuity of operation of public communication networks and services.
If a business entity provides a service using a public electronic communication network, associated means or services of another operator, it shall cooperate with that operator in ensuring the security and integrity of public communication networks and services.
When there is a special risk of violation of the security and integrity of public electronic communication networks and services (unauthorized access, significant loss of data, jeopardizing confidentiality of communications, security of personal data, etc.), the business entity shall notify the users about this risk, and if such a risk is outside the scope of measures that the operator is obliged to apply, notify the users about possible protection measures and costs related to the application of those measures.
In order to prevent special risks of breach of security and integrity of public electronic communication networks and services from paragraph 3 of this Article, when providing the user with terminal equipment that allows access to the Internet, the business entity shall take protective measures to prevent the unauthorized use of said equipment.
The business entity shall, without delay, notify the Regulator about any violation of the security and integrity of public electronic communication networks and services, which significantly affected its work, in accordance with the regulations governing information security.
The Regulator is authorized to notify the public about the violation of security and integrity from paragraph 5 of this Article, or require the operator to do it himself, when he estimates that the publication of such information is in the public interest, in accordance with the regulations governing information security.
The Regulator shall regulate in more detail the application of technical and organizational measures from paragraph 1 of this Article, protection measures to prevent unauthorized use of terminal equipment from paragraph 4 of this Article, as well as the notification procedure from paragraphs 3 and 5 of this Article.
The Regulator, for the purpose of implementing the provisions of this Article, may request:
1) From business entities - submission of data required for assessing the security and integrity of networks and services, including documents related to the operator's security policy;
2) Implementation of extraordinary inspection supervision of the security of networks and services, in case of a significant violation of the security and integrity of public electronic communication networks and services.
The Government shall regulate in more detail the instruments for reducing the security risks associated with the introduction of the fifth generation mobile networks.
Registration of the Prepaid End User
Article 158
Prior to starting to provide the prepaid service through the public mobile communication network, the service provider shall carry out the registration of the end user.
The purpose of personal data processing during registration from paragraph 1 of this Article shall be the identification of the registered end user, as well as the fulfillment of obligations in accordance with the law governing the lawful interception and retention of data.
Prior to registration, the service provider shall identify the end user using his physical presence or electronically, on the occasion of which the end user shall be identified by using a registered electronic identification scheme of the basic reliability level in accordance with the law governing the electronic document, electronic identification and trust services, or through electronic identification schemes of the basic level of reliability that are recognized in the Republic of Serbia on the basis of regulations or international agreements.
The registration referred to in paragraph 1 of this Article in case of a natural person as the end user, shall include the processing of personal data, namely:
1) Name and surname;
2) One of the following data:
(1) Unique citizens’ identification number,
(2) Foreign national's registration number,
(3) ID card number,
(4) Travel document number;
3) Assigned subscriber number.
Registration from paragraph 1 of this Article, in case of a legal person as the end user, shall include the processing of the following data: name of the legal person, registration number of the legal person, and assigned subscriber number.
The operator can use the processed data from paragraph 4 of this Article only for the purpose of:
1) Prevention and detection of abuse of electronic communications;
2) Fulfillment of the obligation to enable the lawful interception and retention of data in accordance with the law governing the lawful interception and retention of data.
The operator may use the processed data from paragraph 4 of this Article for other purposes also, only with the valid consent of the end user, in accordance with the law governing the protection of personal data.
The processing of data from paragraph 4 of this Article shall be carried out by a person authorized by the business entity, by inspecting:
1) The identity card,
2) The identity card for foreign nationals,
3) The travel document,
4) A document not issued by the Republic of Serbia, which can be used to enter the Republic of Serbia,
5) Data obtained through the electronic identification scheme referred to in paragraph 3 of this Article.
The service provider shall keep the data from paragraph 3 of this Article which were processed during the registration process, for the duration of the subscription relationship, as well as for 12 months from the date of termination of service provision to the end user.
The service provider and persons participating in the registration procedure shall, in the procedure of end user registration, take measures to protect against unauthorized access to the processed data.
The service provider shall start implementing the registration process from this Article no later than one year from the date of entry into force of the act referred to in the last paragraph of this Article.
The service provider shall ensure the registration of all end users who use the prepaid service, including the registration of end users who started using the service before the beginning of application of this Article, no later than one year from the date of entry into force of the act from the last paragraph of this Article.
The Ministry shall regulate the technical conditions for the registration of end users of the prepaid service in more detail.
Unauthorized Access and Use of the Electronic Communication Network, Associated Means and Electronic Communication Equipment
Article 159
Unauthorized access and use of the electronic communication network, associated means, and electronic communication equipment of business entities shall be prohibited.
Unauthorized access and use from paragraph 1 of this Article shall include access and use of the electronic communication network, associated means, and electronic communication equipment, without the consent of business entities which violates the security and integrity of public communication networks and services:
Confidentiality of Electronic Communications
Article 160
In order to ensure the confidentiality of electronic communications and related traffic data in public communication networks and publicly available electronic communications services, recording, storage, and any form of interception or monitoring of electronic communications and related traffic data shall be prohibited.
The provisions of paragraph 1 of this Article shall not relate to the technical storage of data that is necessary for the transmission of communication, without prejudice to the principles of data confidentiality.
The provisions of paragraph 1 of this Article shall not prevent the recording of communications and traffic data related thereto, carried out for the purpose of proving commercial transactions or other business relationships, in which both parties are aware or should be aware or have been expressly warned, that the communication carried out may be recorded.
The use of electronic communication networks and services for the purpose of storing or accessing data stored in the end user's terminal equipment shall be permitted under condition that the end user has given his consent, after having been given a clear and complete notification of the purpose of data collection and processing, in accordance with the law which regulates the protection of personal data, as well as that he was given the opportunity to refuse such processing.
The provisions of paragraph 4 of this Article shall not prevent the technical storage or access to data solely for the purpose of ensuring communication within electronic communication networks or providing services that the end user has expressly requested.
Article 161
The Regulator shall perform professional supervision over the application of this Law and the regulations adopted on the basis thereof.
In order to carry out the tasks of professional supervision, the Regulator shall be authorized to request the necessary data and information from business entities and other persons, as well as to conduct measurements and tests of the operation of electronic communication networks and services, associated means, electronic communication equipment, radio equipment, and terminal equipment.
The manner and procedure of conducting professional supervision, as well as other issues related to professional supervision, shall be prescribed by the Ministry on the proposal of the Regulator.
The tasks of professional supervision shall be performed by an authorized person employed by the Regulator (hereinafter: authorized person).
In the procedure of the professional supervision, the authorized person shall have the right and obligation to control:
1) Performance of electronic communications activities in accordance with the prescribed general conditions, special obligations imposed on a business entity with SMP, obligations related to universal service, conditions from permits for the use of numbering, conditions from individual permits, as well as other obligations determined by this Law and regulations adopted on the basis thereof;
2) Harmonization of the parameters of the elements of the electronic communication network with the regulations adopted on the basis of this Law;
3) Fulfillment of prescribed quality parameters of services in the provision of universal service, as well as prescribed quality parameters for other types of electronic communication services;
4) Fulfillment of technical requirements for electronic communication equipment and radio equipment, including technical requirements for interception of communications and access to retained data;
5) Ensuring the security and integrity of public communication networks and services;
6) Performance of measurement and testing operations from Article 167 of this Law.
If, in the course of performance of professional supervision, the Regulator finds irregularities, deficiencies or omissions in the application of this Law and the regulations adopted on the basis thereof, it shall inform the supervised subject thereof and set a time limit in which such subject must eliminate them.
The time limit referred to in paragraph 6 of this Article cannot be shorter than eight days from the date of receipt of the notification, except in cases requiring urgent action.
Should the Regulator determine that the supervised entity has not, within the set time limit, eliminated the identified irregularities, deficiencies or omissions in the application of this Law and the regulations adopted on the basis thereof, it shall submit a report to the inspection.
The provisions of the laws and regulations governing inspection supervision shall apply mutatis mutandis to the content, kind, shape, procedure and carrying out of professional supervision, authorizations, rights and obligations of participants in professional supervision and other issues of importance for professional supervision that are not regulated by this Law and the regulations adopted on the basis thereof.
At the request of the inspector of electronic communications (hereinafter: the Inspector), the Regulator shall perform professional supervision and provide information on the established factual situation.
Article 162
The identification card form and the method of issuing the identification card to an authorized person shall be defined by the Regulator.
The identification card of the authorized person must contain: logo of the Regulator, name and surname of the authorized person, photograph of the authorized person, official identification card number, date of issuance of the identification card, stamp of the Regulator, signature of the Director of the Regulator, as well as the printed text with the following content: "The holder of this identification card holds authorizations in accordance with the provisions of Article 161, paras. 5 and 6 of the Law on Electronic Communications".
Article 163
Inspectional supervision over the application of this Law, regulations governing the activity of electronic communications, as well as treaties in the field of electronic communications, shall be performed by the Ministry, through the inspector of electronic communications (hereinafter: the Inspector).
The inspection supervision over the application of this Law and the regulations governing the activity of electronic communications in the territory of the autonomous province shall be carried out by the autonomous province through its bodies.
The tasks referred to in paragraph 2 of this Article shall be performed by the autonomous province as delegated tasks.
Article 164
The inspector shall be independent within the limits of the authorizations established by law and other regulations governing the performance of inspection duties, and he shall be personally responsible for his work.
The inspector shall be obliged to take into the procedure the reports submitted by the Regulator, natural and legal persons, as well as to inform the applicant about the results of the procedure.
The inspector shall not perform supervision over the electronic communication network or service, associated means, electronic communication equipment, radio equipment and terminal equipment, if he participated in their design, construction, installation or production.
In the performance of inspection supervision, for the performance of measurement and testing of electronic communication networks and services, associated means, electronic communication equipment and terminal equipment, the inspector can hire a person authorized to perform measurements and testing.
The provisions of laws and regulations governing inspection supervision shall be applied to the contents, kind, shape, procedure and carrying out of inspection supervision, authorizations, obligations of participants in inspection supervision and other issues of importance for inspection supervision that are not regulated by this Law.
Special Authorizations of the Inspector
Article 165
The inspector, in addition to the authorities from the law that governs the performance of inspection activities, shall be authorized to check:
1) The conduct of the company in accordance with the prescribed general conditions for the performance of electronic communications activities, special obligations imposed on operators with SMP, obligations related to universal service, conditions prescribed by permits for the use of numbering, individual permits for the use of radio frequencies, as well as other obligations established by this Law and regulations adopted on the basis thereof;
2) Operation of electronic communication networks and services, associated means, electronic communication equipment, radio equipment and terminal equipment, as well as fulfillment of prescribed technical and other requirements;
3) Whether the radio frequency spectrum is used in accordance with this Law;
4) The conduct of holders of individual permits and other users of the radio frequency spectrum in relation to obligations established by permits, this Law, regulations adopted on the basis thereof and corresponding treaties;
5) The existence of harmful interference in the operation of electronic communication networks;
6) The conduct of a business entity in connection with the implementation of measures to protect personal data and privacy, ensuring the security and integrity of public communication networks and services;
7) The conduct of an operator in connection with enabling the lawful interception of electronic communications and access to retained data, in accordance with the law governing the area of lawful interception and retention of data.
Measures of Inspection Supervision
Article 166
If, in the course of the inspection supervision, illegalities are determined in the application of this Law and the regulations adopted on the basis thereof, the inspector shall be authorized to issue a resolution by which:
1) He shall order measures to eliminate established illegalities and set a time limit for their elimination;
2) He shall impose temporary measures, including setting a ban on the operation of electronic communication equipment and terminal equipment, sealing and confiscation of electronic communication equipment, radio equipment and terminal equipment or parts of the equipment, especially in case of:
- Unauthorized use of the radio frequency spectrum, if it is used contrary to the prescribed conditions of use or
- Determining that the operation of electronic communication equipment represents an immediate and serious threat to public safety or endangers the environment;
3) He shall set a temporary ban on the performance of electronic communications activities or the performance of certain activities in the field of electronic communications, by closing the premises where the business is carried out or a certain activity is performed or in another appropriate way, in cases where performance of supervision has been prevented, where the activity is performed without authorization or where the previously imposed measures from paragraph 1, item 1) of this Article have not been implemented, while determining the duration of the temporary ban on activities during which the persons shall be obliged to eliminate the illegal situation that was the reason for the imposition of such measure.
An appeal may be lodged with the Ministry against the resolution of the inspector, within 15 days from the date of receipt of the resolution.
The appeal against the inspector's resolution shall stay the execution of the resolution.
Notwithstanding the provisions of paragraph 3 of this Article, the appeal shall not stay the execution of the resolution where it is necessary to undertake urgent measures to prevent or eliminate danger to human life or health, property, rights and interests of employees and hired persons, economy, environment, plant or animal world, public revenues, uninterrupted work of authorities and organizations, communal order or security, which shall be especially explained in the resolution.
The resolution of the Ministry shall be final in the administrative procedure and an administrative dispute can be initiated against it.
The inspector shall inform the Regulator about the identified irregularities, deficiencies or omissions in the application of this Law and the regulations adopted on the basis thereof and, if necessary, propose to the Regulator the taking of measures within its jurisdiction.
Persons Authorized to Perform Measurements and Tests
Article 167
A company and another legal person can perform measurements and test the operation of electronic communication networks and services, associated means, electronic communication equipment, radio equipment and terminal equipment if it meets the requirements in terms of personnel, equipment and space.
The Ministry, at the proposal of the Regulator, shall prescribe in more detail the conditions that must be met by the persons referred to in paragraph 1 of this Article, as well as the way of carrying out of control of the fulfillment of the prescribed conditions.
The Ministry shall issue a resolution on the fulfillment of the conditions referred to in paragraph 1 of this Article, at the request of the person referred to in paragraph 1 of this Article (hereinafter: authorization to perform measurements and tests).
A fee shall be paid for the issuance of the resolution referred to in paragraph 3 of this Article, in accordance with the law regulating state administrative fees.
The authorization to carry out the measurements and tests can be revoked if it is subsequently determined that the company and other legal person do not meet the prescribed conditions or if it is determined that the resolution was issued on the basis of untrue and inaccurate data.
The resolution from paras. 3 and 5 of this Article shall be final.
The Ministry shall maintain an up-to-date register of authorizations for carrying out measurements and tests and make it available on its website.
Article 168
A fine in the amount of RSD 1,000,000 to RSD 2,000,000 shall be imposed for a misdemeanor of a legal person if it:
1) Designs, builds or installs, uses, and maintains electronic communication networks and related means contrary to Article 43, paragraph 1 of this Law;
2) Performs unauthorized access to i.e. uses the electronic communication network, associated means, and electronic communication equipment of the operator, and for each case of such unauthorized access i.e. use separately (Article 159);
3) Fails to enable or hinders the performance of inspection supervision (Article 163).
For the misdemeanor referred to in paragraph 1 of this Article, a responsible person in the legal person shall also be punished by a fine of RSD 100,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader shall be punished by a fine of RSD 100,000 to RSD 500,000.
For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be punished by a fine of RSD 100,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a fine shall be imposed in proportion to the amount of the damage caused or the amount of unfulfilled obligation, the value of the goods or other object that is the subject of the misdemeanor, at most up to twenty times the amount of those values, provided that it does not exceed five times the amount of the largest fine which can be imposed in accordance with paragraph 1 of this Article, except for the misdemeanor from item 3) of this Article.
For the misdemeanor referred to in paragraph 1 of this Article, a protective measure banning the performance of certain activity can be imposed against a legal person, that is, a sole trader, for a period of up to three years, and against the responsible person in the legal person, a protective measure banning the performance of certain activities can be imposed for a period of up to one year.
Article 169
A fine in the amount of RSD 500,000 to RSD 2,000,000 shall be imposed for a misdemeanor of a legal person if it:
1) Fails to perform the activity of electronic communications in the manner prescribed by the act of the Regulator (Article 38);
2) Fails to inform the Regulator about beginning of activity, its modification or termination thereof (Article 39, paragraph 1);
3) Fails to keep separate accounting, i.e. fails to structurally separate operations (Article 42, paragraph 1, items 1) and 2));
4) Fails to act in accordance with the resolution of the Regulator whereby the prices of roaming services are set, termination prices and other elements of the prices of roaming services in public mobile communication networks, in accordance with international agreements (Article 84, paragraph 1);
5) Deliberately or out of gross negligence submits to the Regulator misleading, incorrect or incomplete information required for the preparation of a geographical survey (Article 44, paragraph 4);
6) Fails to perform activity in accordance with the adopted technical regulations from Article 45 of this Law;
7) Fails to build an access point or fails to build cable ducts to the border of the construction plot and the accompanying infrastructure required for the installation of electronic communication networks, associated means, and electronic communication equipment to the premises of the end user during the construction of commercial and residential buildings or fails to build it in accordance with the act that specifies in more detail the technical and other requirements prescribed by the ministry in charge of telecommunications affairs (Article 46, paragraphs 1 and 7);
8) Fails to act in accordance with technical requirements for radio equipment referred to in Article 47, paragraph 1 of this Law;
9) Violates the protective zone or radio corridor (Article 48, paragraph 1);
10) Fails to provide the necessary protection, i.e. relocation of the electronic communication network, associated means or radio corridors (Article 49, paragraph 1);
11) Fails to act in accordance with the resolution of the Regulator which establishes shared use (Article 55, paragraph 5);
12) Fails to report to the Regulator the contract on interconnection at the national and international level (Article 57, paragraph 5);
13) Fails to fulfill the obligations set by the Regulator regarding access and interconnection (Article 58);
14) Fails to act in accordance with the resolution of the Regulator which imposes the obligation of interconnection of the electronic communication network for special purposes and the public communication network (Article 59);
15) Fails to provide the services of universal service in accordance with prescribed obligations (Article 60);
16) Fails to act in accordance with the resolution of the Regulator on ensuring the availability of universal service services (Article 61, paragraph 2);
17) Fails to act in accordance with the resolution of the Regulator on adjusting the prices of the offered universal service services (Article 62);
18) Fails to act in accordance with the resolution of the Regulator on the designation of the operator with SMP (Article 69, paragraph 1) and prescribed obligations (Articles 71-77 and Articles 80-83);
19) Fails to act in accordance with the resolution of the Regulator on the functional separation of a vertically integrated operator (Article 78, paragraph 5);
20) Fails to notify the Regulator of the intention to alienate its access network or a significant part thereof, or of the intention to establish a separate business unit, (Article 79, paragraph 1) of this Law;
21) Uses numbering contrary to the provisions of this Law, that is, contrary to the issued permit for the use of numbering (Article 86, paragraph 2);
22) Transfers the right to use the assigned numbering without prior consent of the Regulator (Article 90, paragraph 1);
23) Fails to act in accordance with the resolution of the Regulator on the revoking of the assigned numbering (Article 91, paragraph 1);
24) Fails to act in accordance with the provisions of Article 93 of this Law regarding number portability;
25) Fails to act in accordance with the provisions of Article 94 of this Law, regarding the joint number for emergency services;
26) Fails to act in accordance with the provisions of Article 95 of this Law, in relation to European numbers for services of special social importance;
27) Uses radio frequencies contrary to the provisions of this Law (Article 102), i.e. contrary to the issued individual permit (Articles 104 and 105), temporary permit (Article 107) or the established conditions for the use of radio frequencies under the regime of general authorization (Article 111);
28) Transfers the right to use radio frequencies contrary to the provisions of Article 106, paragraph 1 of this Law;
29) Fails to act in accordance with the resolution of the Regulator on the replacement of assigned radio frequencies (Article 110, paragraph 2), that is, on the revocation of assigned radio frequencies (Article 110, paragraph 3);
30) Fails to act in accordance with the resolution of the Regulator on the broadcasting obligation (Article 120, paragraph 1);
31) Fails to act in accordance with the provisions of Article 126 of this Law, in connection with notifying the contract terms and service prices;
32) Fails to conclude a user contract in accordance with the provisions of Article 128, paragraph 1 of this Law;
33) Fails to act in accordance with the provisions of Article 128, paragraph 2 of this Law, in connection with the user contract concluded with the consumer;
34) Fails to act in accordance with the provisions of Article 130, paras. 3 and 4 of this Law, which relate to the duration of the contract for bundled services;
35) Fails to notify the end users of the intention to unilaterally change the terms of the contract in accordance with the provisions of Article 131, paragraph 1 of this Law;
36) Fails to act in accordance with the provisions of Article 132 of this Law regarding the change of Internet access service provider;
37) Fails to provide added-value services in accordance with the provisions of Article 133 of this Law;
38) Fails to ensure the quality of certain services (Article 135, paragraphs 1 and 2);
39) Fails to act in accordance with the provisions of Article 135, paragraph 3, in connection to publication, i.e. delivery at the request of the Regulator, of data for end users on the quality of services and on measures taken to ensure equality of access for end users with disabilities;
40) Fails to act in accordance with the provisions of Article 139 of this Law, in connection with the complaint of the end user;
41) Fails to act in accordance with the resolution of the Regulator on the out-of-court settlement of the dispute between the end user and the operator (Article 140, paragraph 2);
42) Acts contrary to the provisions of this Law in connection with sending electronic messages for direct advertising (Article 148);
43) Fails to act in accordance with the provisions of this Law regarding personal data in public telephone directories (Article 150);
44) Fails to handle traffic data in accordance with the provisions of Article 152 of this Law;
45) Fails to handle location data in accordance with the provisions of Article 153 of this Law;
46) Fails to take appropriate technical and organizational measures in order to ensure the highest possible availability of voice communication services in the event of an extremely severe network failure or in cases of force majeure, i.e. to ensure continuous access to emergency services (Article 154);
47) Fails to act in accordance with the provisions of Article 157 of this Law, in connection with ensuring the security, integrity and continuity of operation of public communication networks and services;
48) Fails to provide the Regulator with data and information necessary for the performance of professional supervision, that is, if it fails to eliminate the identified irregularities within the prescribed time limit (Article 161);
49) Fails to act in accordance with the inspector's resolution from Article 166, paragraph 1 of this Law.
For the misdemeanor referred to in paragraph 1 of this Article, a responsible person in the legal person shall also be punished with a fine of RSD 50,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader shall be fined from RSD 50,000 to RSD 500,000.
For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be punished by a fine of RSD 50,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a protective measure banning the performance of certain activity for a period of up to three years can be imposed against a legal person i.e. a sole trader, while the responsible person in the legal person may be charged with a protective measure prohibiting him to perform certain activities for a period of up to one year.
Article 170
A fine in the amount of RSD 250,000 to RSD 500,000 shall be imposed for a misdemeanor of a legal person if:
1) It fails to submit the necessary data and information to the Ministry for the performance of tasks within its competence (Article 6, paragraph 2);
2) It fails to provide the Regulator with data and information necessary for the performance of tasks within its competence (Article 34, paragraph 1);
3) It fails to act in accordance with the prescribed requirements for ensuring the electromagnetic compatibility of the electronic communication network, associated means, electronic communication equipment, radio equipment and terminal equipment (Article 50);
4) Its electronic communication network, associated means or electronic communication equipment exceeds the prescribed level of the electromagnetic field (Article 51);
5) It fails to provide shared use of real estate on which the right of easement has been established in accordance with the provisions of Article 55 of this Law;
6) It fails to notify the Regulator within the prescribed period of the intention to alienate its access network (Article 63, paragraph 1);
7) It fails to act in accordance with the resolution of the Regulator which determined the amount of funds to be paid in the name of financing excessive net costs of providing universal service services (Article 65, paragraph 2);
8) If fails to enable access to the multiplex within the network of the operator of the electronic communication network for the distribution of media content by terrestrial means (Article 117, paragraph 1);
9) It fails to act in accordance with the provisions of Article 118 of this Law in relation to media content of different image and tone formats;
10) If fails to act in accordance with prescribed requirements which ensure interoperability of equipment (Article 119);
11) It fails to act in accordance with the resolution of the Regulator on determining special obligations in connection with providing access (Article 121);
12) It fails to act in accordance with the provisions of Article 122 of this Law regarding conditional access;
13) It fails to ensure equal availability of its services and terminal equipment to end users with disabilities, that is, fails to act in accordance with the appropriate act of the Regulator (Article 136);
14) It fails to act in accordance with the provisions of Article 141 of this Law, in connection with the partial and complete suspension of the provision of electronic communication service;
15) It fails to provide parental control services in accordance with the provisions of Article 147 of this Law;
16) It fails to maintain a public telephone directory or fails to provide access to data in the public telephone directory referred to in Article 151 of this Law.
For the misdemeanor referred to in paragraph 1 of this Article, a responsible person in the legal person shall also be punished with a fine of RSD 50,000 to RSD 100,000.
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader shall be fined from RSD 50,000 to RSD 150,000.
For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be punished with a fine of RSD 50,000 to RSD 100,000.
Article 171
A fine in the amount of RSD 100,000 to RSD 250,000 shall be imposed for a misdemeanor of a legal person if it:
1) Fails to publish data on the offer of universal service services (Article 61, paragraph 4);
2) Fails to submit a report to the Regulator on the provision of universal service services (Article 64, paragraph 1);
3) Fails to notify the Regulator about a change in data (Article 87, paragraph 4 and Article 112, paragraphs 2 and 3);
4) Fails to act in accordance with Article 129 of this Law, regarding the validity and termination of the contract;
5) Fails to issue an invoice in accordance with the provisions of Article 138, paragraph 1 of this Law;
6) Fails to allow insight into the detailed specification in accordance with the provisions of Article 138, paragraph 4 of this Law;
7) Fails to act in accordance with the provisions of Article 142 of this Law, in connection with ensuring the possibility of cost control;
8) Fails to act in accordance with the provisions of Article 143 of this Law, in connection with notifying the end user to prevent excessive consumption;
9) Fails to provide call identification services in accordance with the provisions of Article 144 of this Law;
10) Fails to act in accordance with the provisions of Article 145 of this Law, in connection with malicious and nuisance calls;
11) Fails to provide the end user with the possibility to stop automatic call forwarding (Article 146);
12) Fails to provide the end user with the possibility to filter unsolicited electronic messages (Article 149);
13) Fails to take measures related to the detection and prevention of sending unsolicited messages (Article 149).
For the misdemeanor referred to in paragraph 1 of this Article, a responsible person in the legal person shall also be fined from RSD 25,000 to RSD 50,000.
For the misdemeanor referred to in paragraph 1 of this Article, a sole trader shall be fined from RSD 25,000 to RSD 100,000.
For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be punished with a fine of RSD 25,000 to RSD 50,000.
XVIII TRANSITIONAL AND FINAL PROVISIONS
Continuity of the Regulatory Agency for Electronic Communications and Postal Services
Article 172
On the day of entry into force of this Law, the Regulatory Agency for Electronic Communications and Postal Services shall continue to operate as the Regulatory Authority for Electronic Communications and Postal Services, in accordance with the provisions of this Law.
The director and members of the management board of the Regulatory Agency for Electronic Communications and Postal Services shall continue to perform their duties as director and members of the Council, until the end of the mandate for which they were elected.
Employees of the Regulatory Agency for Electronic Communications and Postal Services shall continue to work as employees of the Regulatory Authority for Electronic Communications and Postal Services, in accordance with the employment contracts valid on the date of entry into force of this Law.
Time Limits for Adoption of Secondary Legislation
Article 173
The Government shall adopt regulations from Article 54, paragraph 3, Article 100, paragraph 5, and Article 157, paragraph 9 of this Law within 12 months from the date of entry into force of this Law.
The Minister shall pass by-laws based on the powers prescribed by this Law within 12 months from the date of entry into force of this Law, except for the act referred to in Article 158, paragraph 13 of this Law, which shall be passed within six months from the date of entry into force of this Law.
The Regulator shall adopt bylaws on the basis of the powers prescribed by this Law within 18 months from the date of entry into force of this Law, with the exception of acts from Article 29, paragraph 4, Article 38, paragraph 3, Article 55, paragraph 2, Article 102, paragraph 21, and Article 140, paragraph 6 of this Law, which shall be adopted within 12 months from the date of entry into force of this Law.
Until the adoption of acts in accordance with this Law, the by-laws adopted on the basis of the Law on Electronic Communications ("Official Herald of the RS", No. 44/10, 60/13 - CC, 62/14 and 95/18 - other law) shall apply.
Special Obligations of the Regulator
Article 174
The Council shall adopt the Statute of the Regulator that is harmonized with this Law within 30 days from the date of entry into force of this Law.
The Regulator shall create new, i.e. update existing registers, records and databases and prescribe forms for entering and changing data, in accordance with the provisions of this Law, within six months from the date of entry into force of this Law.
The Regulator shall prepare the geographical survey referred to in Article 44 of this Law within three years from the date of entry into force of this Law.
Special Obligations of Business Entities
Article 175
Business entities shall harmonize their operations in accordance with the provisions of this Law within one year from the date of entry into force of this Law.
Licenses and Individual Permits Issued after Completed Public Bidding Procedure in accordance with the Previously Valid Regulations
Article 176
Licenses and individual permits issued after completed public bidding procedure shall be valid until the end of the period for which they were issued.
The Regulator shall, ex officio, record the holders of licenses and individual permits from paragraph 1 of this Article in the register of business entities, within six months from the date of entry into force of this Law.
Permit to Use Numbering Issued in accordance with Previously Valid Regulations
Article 177
Permits for the use of numbering issued before the date of entry into force of this Law shall be valid until the expiration of the term for which they were issued, and the assigned numbering shall be used in accordance with the provisions of this Law.
Individual Permit issued upon Request in Accordance with Previously Valid Regulations
Article 178
Individual permits issued upon request in accordance with previously valid regulations shall be valid until the end of the term for which they were issued.
Notwithstanding paragraph 1 of this Article, individual permits that are an integral part of the permits for the provision of radio media service, shall be valid until the end of the term for which the permits for the provision of radio media service have been issued.
Article 179
Proceedings that were initiated prior to the entry into force of this Law shall be concluded in accordance with the regulations by on the basis of which they were initiated.
The procedure for issuing an individual permit based on the conducted public bidding procedure for the use of radio frequencies from the radio frequency ranges of 694-790 MHz, 2500-2690 MHz and 3400-3800 MHz shall continue according to the provisions of this Law.
Decision on the fulfillment of the conditions for issuing individual permits following the conducted public bidding procedure for the use of radio frequencies from the radio frequency ranges of 694-790 MHz, 2500-2690 MHz and 3400-3800 MHz, adopted in accordance with Article 89, paragraph 2, of the Law on Electronic Communications ("Official Herald of the RS", No. 44/10, 60/13 - CC, 62/14 and 95/18 - other law), shall remain in force.
Termination of Validity the Law on Electronic Communications
Article 180
On the date this Law enters into force, the Law on Electronic Communications ("Official Herald of the Republic of Serbia", No. 44/10, 60/13 - CC, 62/14 and 95/18 - other law) shall cease to be valid, except for the provisions of Article 126 paragraph 1, Articles 127-130a, and Article 137, paragraph 1, items 2)-4).
The provisions of Article 51 and Article 138, paragraph 1, item 5) of the Law on Electronic Communications ("Official Herald of the Republic of Serbia", No. 44/10, 60/13 - CC, 62/14 and 95/18 - other law) shall remain in force until the adoption of the by-law from Article 55, paragraph 2 of this Law.
The provisions of Article 113 and Article 138, paragraph 1, item 25) of the Law on Electronic Communications ("Official Herald of the Republic of Serbia", No. 44/10, 60/13 - CC, 62/14 and 95/18 - other law) shall remain in force until the adoption of the by-law from Article 140, paragraph 6 of this Law.
The provisions of Article 131 and Article 138, paragraph 1, item 33) of the Law on Electronic Communications ("Official Herald of the Republic of Serbia", No. 44/10, 60/13 - CC, 62/14 and 95/18 - other law) shall remain in force until the adoption of the by-laws from Article 161, paragraph 3 and Article 162, paragraph 1 of this Law.
Article 181
This Law shall enter into force on the eighth day following the date of publication in the "Official Herald of the Republic of Serbia".