Go back
Save profile as PDF

Slovenia / Telecomunication / Electronic Communications Act

SI23_SI0_Electronic Comunications Act_2013

Name of the country Slovenia
Sector Telecomunication
Name of the document (original) Zakon o elektronskih komunikacijah- ZEKom (Ur.l. 100/12)
Name of the document (English) Electronic Communications Act
Administrative level National
Type of the document Legislation
Year of adoption 2013
Foreseen duration Unlimited
Sector Telecomunication
Territorial unit (NUTS/LAU) SI0
Authority Ministry of education, science and sport, Communication Networks and Services Agency of the Republic of Slovenia
Availability in English No
Legally binding Legally binding
SGI coverage SGI/SGEI
Integration as a concept Yes
Integration elements
Actors
Policies
Adm. levels
Fin. sources
Others
Description Actors: The Communication Networks and Services Agency is responsible to obtain and consider the opinion of the interested public when changing or adopting a new policy in the field of electronic communications, and when adopting measures that might significantly affect this market. In addition, the Agency encourages the cooperation of the service providers, as well as the competition amongst them in order to provide quality and technologically up to date electronic communication services. Policies: When planning and building the infrastructure (networks, transmitters etc.), other policies such as environmental, nature protection, cultural heritage, transport, economy, should be considered.
Major objectives 1. promoting the development of electronic communications networks and services, and thereby also the economic and social development of the country generally,
2. developing the internal market of the European Union,
3. enabling the legitimate welfares of all of citizens to be implemented,
4. ensuring competition in the electronic communications market,
5. efficient use of the radio frequency spectrum and numbering resources,
6. ensuring universal service,
7. protecting the rights of all users including disabled and users with special social needs, and
8. ensuring the privacy of communication for the users of public communication services (8/8)
Short Summary The Electronic Communication Act among others governs the conditions for the provision of the electronic communication networks and services, including the universal service, sets legal framework to ensure the competition, and the sufficient use of the radio frequency spectrum. The act amends the rights of users, as well as the responsibilities, organisation and operation of an independent regulatory authority the Communication Networks and Services Agency (hereinafter the Agency). The act also transposes several EU Directives related to the data and privacy protection, provision of the universal services, market competition, publicly available electronic communication services and other into the Slovenian legislation.

The aims of this Act are:
- promoting the development of electronic communications networks and services, and thereby also the economic and social development of the country generally,
- developing the internal market of the European Union,
- enabling the legitimate welfares of all of citizens to be implemented,
- ensuring competition in the electronic communications market,
- efficient use of the radio frequency spectrum and numbering resources,
- ensuring universal service and
- protecting the rights of all users including disabled and users with special social
- ensuring including the privacy of communication for the users of public communication services

According to this Act the “Electronic communications service’ shall mean a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications and transmission services in networks used for broadcasting, but excluding services providing or exercising editorial control over content transmitted using electronic communications networks and services, and excluding information society services that do not include, wholly or mainly, the transmission of signals on electronic communications networks.”

The services as well as the network can be provided by ”any natural person or legal entity”, however, notification must be given to the Agency prior to the commencement or any changes regarding the provision of the public communications networks or services. Based on this notification providers of the services are obliged to pay annual fee to the Agency, which determines the amount of the payment.

According to the Act, a public communication network and related infrastructure is considered as a commercial public infrastructure and its maintenance defined as a general benefit to the public. Public funds can be used for the construction of a broadband network in cases when a certain area is not sufficiently covered, or the network in this area is not provided to all users under the same conditions concerning the price and access, in comparison to other regions in Slovenia. In addition, there is no demonstrated market interest.

The universal service under this law is a minimum set of electro-communication services, which must be provided to all citizens under the same condition. It includes a “connection to the public communications network and access to publicly available telephone services at a fixed location upon a reasonable request of an end-user, capable of allowing end-users to make and receive local, national and international telephone calls, facsimile communications and data communications, at data rates that are sufficient to permit functional internet access.”

As stated in the document, the Agency is responsible to encourage the providers to provide transparent information on tariffs, services, offers, contract conditions etc. It is also responsible to obtain and consider the opinion of the interested public when changing or adopting a new policy in the field of electronic communications, and when adopting measures that might significantly affect this market. In addition, the Agency encourages the cooperation of the service providers, as well as the competition amongst them in order to provide quality and technologically up to date electronic communication services.
Open document URL in new window