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Slovenia / Telecomunication / Telecommunications Act

SI22_SI0_Telecomunications Act_2001

Name of the country Slovenia
Sector Telecomunication
Name of the document (original) Zakon o telekomunikacijah (Ur.l. 30/01)
Name of the document (English) Telecommunications Act
Administrative level National
Type of the document Legislation
Year of adoption 2001
Foreseen duration 2004/ prolonged
Sector Telecomunication
Territorial unit (NUTS/LAU) SI0
Authority Ministry of education, science and sport, Telecommunications and Broadcasting Agency of the Republic of Slovenia
Availability in English Yes (UNPAN-United Nations Public Administartion Network) http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN015726.pdf)
Legally binding Legally binding
SGI coverage SGI/SGEI
Integration as a concept Yes
Integration elements
Actors
Policies
Adm. levels
Fin. sources
Others
Description Actors: When drafting or changing the telecommunication policy, general public, users, experts, operators, service providers, equipment manufacturers must be included in the adoption process, and their opinions adequately considered.
Major objectives 1. To ensure the competition and the offer of the telecommunication services on market, which is aligned with the needs and expectations of users
2. To ensure affordable universal telecommunication services, in addition to mandatory services
3. To protect the interests of the users including the protection of secrecy and confidentiality
4. To ensure and promote efficiency and completion among operators
5. To ensure the efficient usage of the radio frequency spectrum and telecommunication numbering system
6. To exploit emerging technologies
7. To protect the interests of national security and defence of the state (7/7)
Short Summary Among others, the telecommunication act governs the conditions and the licencing for the provision of the telecommunication and universal telecommunication services, and the operation of public telecommunications networks. It also lays down the organisational structure, funding and operation of the independent regulatory authority the Telecommunications and Broadcasting Agency of the Republic of Slovenia (hereinafter the Agency). The act determines the rights of the operators as well as the users of telecommunication services.

Aims and objectives:
1. To ensure the competition and the offer of the telecommunication services on market, which is aligned with the needs and expectations of users
2. To ensure affordable universal telecommunication services, in addition to mandatory services
3. To protect the interests of the users including the protection of secrecy and confidentiality
4. To ensure and promote efficiency and completion among operators
5. To ensure the efficient usage of the radio frequency spectrum and telecommunication numbering system
6. To exploit emerging technologies
7. To protect the interests of national security and defence of the state

The document defines the terms such as “fixed public telephony services”, “public satellite services” and “public telecommunication services”. “Universal services” is by this act defined as “a minimum set of telecommunications services of specified quality, available at an affordable price to all users at their request regardless of their geographical or operational location.” Internet connection, according to this law is not defined as a universal service.

As stated by the act, the Agency is responsible to issue the licences for the telecommunication services provision, and conduct the public tender procedure if necessary. The document lays down the decision procedure on the introduction of a public tender, deadlines for submitting bids, and the content of the tender documentation. The Agency is also responsible for the supervision over the correct implementation of this law.

As far as the telecommunication networks and the telecommunication services are concerned, according to the act the licence holder is obliged to notify the Agency about the construction and the operation of the network, the beginning and cessation of the telecommunication services, and any changes related to these activities. The construction, installation, operation and maintenance of public telecommunication networks in accordance with relevant regulation is in the public interest. The access to the networks and services of the public telecommunications operators with a significant market share must be allowed on the basis of published and transparent conditions. In addition, operators must provide and enhance the communications among users of different public telecommunication networks.

According to the act, the prices of the telecommunication services must be based on the costs for the efficient provision, and ought to be, for the same operator, equal through the entire country’s territory. The Minister for the education, science, and sport prescribes the method of providing and charging for the telecommunication services, together with the Minister for social affairs or regional development, the Minister of internal affairs, the Minister in charge of defence, and the director of the agency of national intelligence and security.

The provision of the telecommunication services is financed through the national Telecommunication fund, within the state budget. The sources of financing are licence fees, notification fees, fees for radio frequencies, etc.

As stated, telecommunication services must be available to all, in accordance with conditions and the prices published. The users of the services are assured the confidentiality and secrecy of the data/information transmitted through the network.

When drafting or changing the telecommunication policy, general public, users, experts, operators, service providers, equipment manufacturers must be included in the adoption process, and their opinions adequately considered.
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