REPUBLIC OF
CROATIA
MINISTRY OF THE
SEA, TOURISM, TRANSPORT AND DEVELOPMENT
TELECOMMUNICATIONS
ACT
("Official
Gazzette", Nos. 122/2003, 158/2003 & 60/2004)
TELECOMMUNICATIONS
ACT
I. GENERAL
PROVISIONS
Article
1
This Act shall
regulate the field of telecommunications and radio communications, the manner
and conditions for the provision of telecommunications services and performing
activities, rights and liabilities of providers and users of telecommunications
services, construction, maintenance and use of the telecommunications
infrastructure and equipment, of radio equipment and telecommunications terminal
equipment, management of the radio frequency spectrum, the addressing and
numbering space in the Republic of Croatia, electromagnetic compatibility, data
protection in telecommunications, and the performance of supervision and control
in telecommunications.
Article
2
Construction,
maintenance, development and use of telecommunications infrastructure and
equipment, management and use of the radio frequency spectrum, of the addressing
and numbering space as a naturally limited public good, and the provision of
public telecommunications services and performing activities are of interest for
the
Competent State
Authorities
Article
3
(1) Upon
proposal by the Government of the
(2) The
Strategy referred to in paragraph 1 of this Article shall be prepared by the
ministry competent for telecommunications (hereinafter: the Ministry) in
cooperation with the ministry competent for information science and technology,
central state offices competent for development strategy and e-Croatia, and with
the Croatian Telecommunications Agency.
(3) In case of
large natural disasters, and disruptions in providing universal
telecommunications services, the Government of the
(4) The
Ministry shall represent the
(5) The
Ministry shall perform inspection in the field of telecommunications in
compliance with the provisions of this Act.
(6) The
Ministry shall perform administrative supervision of the Croatian
Telecommunications Agency.
Competent
Regulatory Authority
Article
4
The
Principles and
Objectives of the Telecommunications Market
Regulation
Article
5
(1) When
performing regulatory tasks laid down by this Act, the Croatian
Telecommunications
Agency shall achieve the following principles and objectives of the regulation,
in particular:
1. provide for
the interests of users of telecommunications services, including disabled users
and socially deprived users, and to protect the secrecy of telecommunications
communications and personal data and privacy of telecommunications services
users,
2. ensure a
high level of protection for telecommunications services users, particularly in
procedures of resolving disputes between the users and services providers
3. promote
access to transparent information about prices and conditions for using public
telecommunications services,
4. ensure and
promote effective and sustainable competition in the telecommunications market,
with equal possibilities for all the participants on the market, and to
stimulate the efficiency of investments in the telecommunications
infrastructure,
5. stimulate
access to the market for new service providers, and the introduction of new,
innovative telecommunications services and technologies,
6. ensure the
observance of the principle of open access to the telecommunications network and
infrastructure,
7. prevent
abuses of a dominant position in the telecommunications
market,
8. ensure the
provision of universal telecommunications services of a certain quality on the
whole territory of the
9. ensure
efficient management and unobstructed use of the radio frequency
spectrum,
10. ensure the
efficient management and use of the addressing and numbering
space,
11. promote the
use of telecommunications services in state and public
services,
12. protect the
requirements of public order, defence and national
security.
(2) In
achieving the principles and objectives referred to in paragraph 1 of this
Article, the Croatian Telecommunications Agency shall cooperate with the body
competent for the protection of competition and the body competent for the
protection of consumer rights, in accordance with special laws regulating the
issues of protection of competition and consumer
protection.
(3) Provisions
of a separate law regulating the protection of competition shall apply to all
issues relating to the provision of telecommunications services and all
activities of legal and natural persons on the market, which are not regulated
by this Act.
Article
6
Except in cases
referred to in Article 95 of this Act, the provisions of this Act shall not
apply to the telecommunications and radio equipment and radio stations which are
set up and used exclusively for the needs of the Armed Forces of the Republic of
Croatia, the police and security services of the Republic of Croatia, and the
radio frequencies for their operations shall be in compliance with Articles 76
and 77 of this Act.
Terms and
Definitions
Article
7
Within the
meaning of this Act, individual terms shall have the following
meanings:
1. address means
the total elements of addressing which are used for determining the
destination of a telecommunications connection,
2. amateur radio station
means a radio station which works in the
frequency range intended for the radio amateur service,
3. numbers means sequences
of digits used for addressing in telecommunications
networks,
4. service provider means
a legal or natural person providing public telecommunications services
on the market by using the telecommunications network,
5. allocation of numbers and addresses
means the
transfer of rights to use the numbers and addresses, without the transfer of
ownership of numbers and addresses,
6. electromagnetic compatibility
(EMC) means
capability of a device, apparatus or system to operate in a satisfactory
way in its electromagnetic surrounding and without causing harmful
electromagnetic interference in other equipment or systems in that
surrounding,
7. electronic mail means any
textual, voice, sound or picture message sent via public telecommunications
network, which may be stored in the telecommunications network or in the
terminal equipment of the receiver of the message until the receiver takes it
over,
8. elements of addressing means
signs, letters, digits and signals for the targeted selection of the
destination of telecommunications connections,
9. civil (CB) radio station
means
a radio station operating in the frequency range intended for
citizens,
10. harmonized frequency
range means
a frequency range which is in all or in the majority of European
countries intended for use in radio systems with identical technical features
(radio frequency, modulation, power, etc.),
11. unbundling of a local
loop means
complete access to the unbundled local loop and shared access to the
unbundled loop in the way determined by relevant directives and other
regulations of the European Union concerning the unbundling of a local loop,
where there is no change of ownership of the local loop,
12. public voice service means publicly
available service of the transmission of speech through the public
telecommunications network, which enables mutual voice communication of users of
services,
13. public telephone network
means a fixed
telecommunications network used for providing a publicly available telephone
service and other telecommunications services, and which supports the
transmission of speech, text, images and data between end points, as well as
access to the Internet,
14. public telecommunications
network means a
fixed or mobile telecommunications network which is used for public
communications,
15. public telecommunications
means providing
public telecommunications services on the market,
16. public telecommunications services
means
telecommunications services which are provided to any natural or legal
persons on the market basis,
17. publicly available telephone service
means a public
telecommunications service which enables the connection and reception of
domestic and international calls in the fixed telecommunications network, and
the establishment of urgent calls, when necessary. This service also comprises
the customer service, the telephone directory service and access to public
telephone booths,
18. concessionaire means a legal
person which was granted a specific concession and which concluded a concession
agreement pursuant to the provisions of this Act,
19. user of services means
a natural or legal person which uses public telecommunications services
or requires them,
20. local loop means
a physical line (wire, optical, or radio one) connecting
the network termination point at the subscriber's premises
to the main
distribution frame or equivalent facility in the fixed public telephone
network,
21. international telecommunications service
means
putting at disposal the telecommunications capacities between
telecommunications centres or stations of any nature, which are situated in or
belong to different states,
22. interconnection
means network access establishing a
physical and logical connection of telecommunications networks in order to
provide direct and indirect communication to service users connected to
different networks,
23. microwave link means
telecommunications connection realized through directed radio
communications.
24. minister means
the minister of the ministry competent for
telecommunications.
25. Ministry means the
ministry competent for telecommunications.
26. fixed telecommunications network
means
the telecommunications network which does not comprise the mobile
telecommunications network.
27. operator selection
means a service which enables the users,
by selecting the provider of public telecommunications services mediating in the
realization of the telecommunications connection, to realize the preselected
types of telecommunications connections in the fixed telecommunications network.
The selection may be programmed in advance or realized by selecting the dialling
code or by applying another procedure for such diverting,
28. operator for interconnection
means
an operator which, in accordance with this Act, has the obligation to
offer, or the right to require interconnection between his telecommunications
network and the telecommunications network of another
operator,
29. operator means
a legal person which, on the basis of Regulations and/or a contract, has
at its disposal a public telecommunications network or parts connected with that
network,
30. universal telecommunications services
means a minimum
set of telecommunications services of
a certain quality, which are available at an affordable price to all end
users in the Republic of Croatia, irrespective of where they are
located,
31. addressing plan means
the total of all possible
combinations of addressing elements which are used for the unique identification
of persons, computer processes, machines, devices or the telecommunications
equipment which is included in the procedure of the realization of the
telecommunications connection,
32. numbering plan means
the total of all possible combinations of addressing elements by means
of digits for the purpose of unique identification of persons, computer
processes, machines, devices or telecommunications equipment which is included
in the procedure of the realization of the telecommunications
connection,
33. location data means
any data processed in the telecommunications network, which indicate the
spatial position of the terminal equipment of the public telecommunications
services user,
34. telecommunications traffic data
means
any data which are processed for the purpose of communication through
the telecommunications network or for cost accounting
purposes,
35. coverage area means the
geographical area where radio communication of the prescribed quality is
enabled,
36. mobile radio station means
a radio station which enables communication in conditions of physical
movement of the user of that station,
37. mobile telecommunications network
means a
telecommunications network which enables the establishment of telecommunications connections even in
conditions of physical movement of the user of that
network,
38. carrier preselection means
the service enabling the users to realize preselected types of
telecommunications connections in
the fixed telecommunications network by a programmed selection of the provider
of public telecommunications services mediating in the realization of the
connection (who has a contract with the user), without dialling the dialling
code or using another procedure for such diverting,
39. number portability means
the possibility provided to the subscriber, at his own request, to keep
the number which was assigned to him in the telecommunications network,
irrespective of the change of the operator or service
provider,
40. subscriber means
a legal or natural person that concluded a contract with the provider of
public telecommunications services for the purpose of using these
services,
41. access point means
all physical connections and their connecting technical specification
which are a part of the telecommunications network and which are necessary for
connecting to that network and for the efficient establishment of
telecommunication connections through that network,
42. network access
means physical and logical connection of
terminal and other equipment to the telecommunications network or parts of that
network, as well as physical and logical connection of one telecommunications
network to another telecommunications network or its parts for the purpose of
using functions of that network or for the purpose of using the services which
are performed through it,
43. private telecommunications network
means
the telecommunications network which is established, maintained and used
by a legal or natural person, and through which public telecommunications
services are not performed. The private telecommunications network may be
connected with a public telecommunications network,
44. consent means
a freely given and sent explicit expression of will of a user of
services or a subscriber by which he/she expresses his/her approval to process
his/her personal data for specific purposes,
45. professional mobile radio (PMR)
means
a part of the land mobile radiocommunications service which is based on
the use of the simplex, semi-duplex and, in exceptional cases, duplex operation
at the terminal level for the purpose of enabling radiocommunications to closed
groups of users,
46. radio network means a
network with more than two radio stations between which the radio
communication is enabled,
47. radio equipment (RE) means
a product or its corresponding component which enables communication by
transmitting or receiving radio
waves with the use of the radiofrequency spectrum intended for
terrestrial/satellite radiocommunications,
48. radio station means one
or more transmitters or receivers, or a combination of transmitters and
receivers, including the related equipment, which is necessary in a single place
for providing the radio communication service,
49. radiocommunications means telecommunications via radio
waves,
50. radio means
public telecommunications which transmit sound, voice or speech and
other signals intended for a direct reception in the public via transmitters on
the Earth or on a satellite (Sound
Broadcasting)
51. broadcasting service means the radio-communications service
which comprises transmission, emission and/or reception of sound, image and
other signals intended for direct reception in public, by means of a transmitter
on the ground or on a satellite. This service includes transmissions of sound,
television broadcasts and/or other kinds of transmission,
52. radio frequency spectrum
means
electromagnetic waves of radio frequencies in the range from 9 kHz to
3000 GHz, which are diffused in space without artificial
guidance,
53. radiocommunication service
means
a type of radio communication in compliance with the Radio Regulations
of the International Telecommunications Union (ITU),
54. radiocommunications service
means
a telecommunications service that comprises transmission, emission
and/or reception of radio waves for special telecommunication
purposes,
55. disposal of the telecommunications network
means the
establishing, managing, supervising and enabling the availability of the
telecommunications network,
56. free radio frequency spectrum
means
a part of the radio frequency
spectrum for the use of which only a general license is issued in accordance
with this Act,
57. interference means
the activity of unwanted energy caused by a single or a combination of
several broadcasts, radiation or inductions, on the reception in a
telecommunications network, which is manifested as a disturbance of any of the
characteristics of that system, as a wrong presentation or as a loss of
data,
58. harmful interference means an
interference which endangers the functioning of a radio navigation
service or of other safety services or which otherwise seriously degrades,
obstructs or repeatedly interrupts a
radiocommunications service operating in accordance with the ITU Radio
Regulations,
59. telecommunications
means the transmission, emission or reception of any kind of signals by means of
a telecommunications network,
60. telecommunications
infrastructure means
basic constituents of a telecommunications network such as the land, a
structure or a building, an access path, electric power, heating, water, cable
canalization and other.
61. telecommunications network
means
transmission lines, transmission, commutation and other technical equipment
which enables the transfer of signals between defined termination points by
wire, optical, radio or by other electromagnetic means,
62. telecommunications equipment
means equipment
used for telecommunications,
63. telecommunications terminal equipment (TTE)
means
a product enabling communication or a relevant component thereof which
is intended to be connected directly or indirectly by any means whatsoever to
interfaces of public telecommunications networks for the purpose of
transmitting, processing or receiving messages or data,
64. telecommunications service
means
a service of transmitting,
emitting or receiving signs, signals, written text, voice or speech, images and
sounds or communications of any kind, provided by wire, radio, optical or other
electromagnetic systems, including the service which enables the use of these
systems, completely or partially, by leasing, or selling them or enables their use in another
way,
65. telecommunications connection
means a
connection established for transmission, emission or reception of signs,
signals, written text, voice or speech, images and sounds or communication of
any kind,
66. telecommunications system
means every
technical system consisting of adequate equipment, including a wire, radio,
optical or other electromagnetic system, which enables emission, transmission,
switching, reception, management or supervision of electromagnetic or optical
signals which can be recognized as messages or
communications,
67. telecommunications line means
a wire, optical or similar line between connection points of the
telecommunications network without the function of mediation
(commutation),
68. television means
public telecommunications broadcasting sound, picture and other signals
intended for direct reception in public, via transmitters on earth or on
satellite (Television
Broadcasting),
69. value added service means
any service which requires the processing of telecommunications traffic
data or location data beyond the scope necessary for communication through a
telecommunications network or for cost billing,
70. cable distribution services
means
telecommunications services providing the transmission of radio and
television programs and data relating to them, transmitted from one centre to
the users of the cable distribution network, which can also be used to provide
other telecommunications services,
71. virtual mobile network operator
means a service
provider which provides or is entitled to provide telecommunications services
with the use of a radio frequency spectrum, via a mobile telecommunications
network of the operator, and which was allocated the corresponding
numbers,
72. common antenna system means
a set of technical equipment which serves for direct reception of radio
and television broadcasts and their distribution to a group of receiver users in
a residential or office building, or in another smaller, limited, geographically
non-disrupted area, via cables for the distribution of radio and television
programs (KDS), providing that the distribution of the programs is not performed
for commercial purposes, i.e. with some kind of remuneration paid by the users
of the receiver.
II. CROATIAN
TELECOMMUNICATIONS AGENCY
Establishment
of the Agency
Article 8
(1) The
Croatian Telecommunications Agency (hereinafter: the Agency) shall be an
autonomous, non-profit and independent legal person with public authority which
is entered in the court register.
(2) The founder
of the Agency is the
(3) Any
influence on the work of the Agency which could jeopardize its autonomy and
independence shall be prohibited.
(4) The work of
the Agency shall be public.
(5) The seat of
the Agency shall be in
(6) The
internal organization of the Agency, the Agency’s by-laws and other issues of
significance for the work of the Agency shall be regulated in more detail by the
Statute of the Agency.
Agency’s
Council
Article
9
(1) The Agency
shall be governed by the Agency‘s Council which consists of five members
appointed and recalled by the Croatian Parliament on proposal by the Government
of the Republic of Croatia. In the procedure of proposing the members of the
Agency’s Council, the Government of the
(2) Members of
the Agency’s Council shall be appointed for a five-year period and may be
reappointed. For the initial mandate of the Agency’s Council, three members
shall be appointed for a five-year and two members for a three-year
term.
(3) The
Chairman and Deputy Chairman of the Agency’s Council shall be appointed and
recalled by the Croatian Parliament on proposal by the Government of the
(4) The
Chairman of the Agency’s Council shall represent the Agency and act on its
behalf, shall be responsible for the legality of the Agency operations, and
shall perform other tasks
determined by the law and the Statute of the Agency. The Chairman of the
Agency’s Council shall have the rights and obligations determined by the Statute
of the Agency in relation to the Agency’s Council members and to the employees
of the administrative and professional service.
(5) The members
of the Agency’s Council shall perform their duty
professionally.
(6) The members
of the Agency’s Council may be appointed from among Croatian citizens with the
residence in the Republic of Croatia, which have university qualifications in
the field of electrotechnical, legal and economic sciences and at least ten
years of work experience in the field of telecommunications, as well as active
business knowledge of at least one foreign language (English, German or French),
and which have excelled in their profession by scientific or expert work, or by
their public activity, and are worthy to be members of the Agency’s
Council.
(7) The members
of the Agency’s Council and the Director of the Agency may not be state
officials, persons who perform a duty in bodies of a political party, or persons
who are employed in, have an influence on or perform other tasks in legal
persons to which the provisions of this Act apply, or perform an activity in the
telecommunications sector, nor can they be owners or co-owners or members of
their management boards, supervisory boards or management councils, or perform
other tasks due to which a conflict of interest may arise.
(8) The members
of the Agency’s Council may write and publish expert and/or scientific works and
participate in the work of expert or scientific
gatherings.
(9) The members
of the Agency’s Council shall behave in such a way that they do not damage their
own reputation or the reputation of the Agency, and that they do not bring into
question their autonomy and independence during the performance of their duty,
and the autonomy and independence of the Agency.
(10) The
members of the Agency’s Council, the Director of the Agency and employees of the
Agency shall perform their tasks within the framework of this Act
conscientiously and in accordance with the rules of the profession, and with
moral and ethical principles.
Dismissal of
the Members of the Agency’s Council
Article
10
(1) The
Croatian Parliament shall dismiss the Chairman, the Deputy Chairman, i.e. a
member of the Agency’s Council, before the expiry of the period for which he/she
was appointed, if he/she asks for dismissal himself/herself, and on proposal by
the Government of the
1. if he/she
commits a more serious infringement of duty determined by the Statute of the
Agency
2. if he/she is
not able to duly perform his/her duty for more than six
months,
3. if he/she
permanently loses the ability to perform duty,
4. if he/she is
convicted o a criminal offence by a legally valid verdict,
5. if a
circumstance referred to in Article 9, paragraph 7 of this Act
arises.
(2) The
Agency’s Council shall notify the Government of the
(3) Within one
year of his dismissal from office, a member of the Agency’s Council may not be
employed in legal persons of the concessionaire or provider of
telecommunications services to which the provisions of this Act
apply.
(4) After
he/she is dismissed from office and until he/she earn the salary on another
basis or until he/she realizes the rights to retirement according to general
regulations, and not later than one year after the dismissal date, a member of
the Agency’s Council is entitled to a compensation in the amount of the salary
which he/she earns as a member of the Agency’s Council, except in cases of
dismissal referred to in paragraph 1, items 1, 4 and 5 of this
Article.
Administrative Service of the
Agency
Article
11
(1) The Agency
shall have an administrative service organized in accordance with by-laws of the
Agency, which performs expert, administrative and technical tasks for the needs
of the Agency. For the performance of particular expert and technical tasks, the
Agency may, if necessary, conclude a contract with domestic or foreign legal or
natural persons in accordance with the Statute of the
Agency.
(2) The
administrative service of the Agency shall be managed by the Director of the
Agency who is responsible to the Agency’s Council for his work. The Director of
the Agency shall organize and manage the work of the administrative service of
the Agency, and he perform other tasks stipulated by the Statute of the Agency.
The Chairman of the Agency’s Council may transfer part of his authority,
determined by this Act and the Statute of the Agency, to the Director of the
Agency in accordance with the Statute of the Agency.
(3) The
Director of the Agency shall be appointed by the Agency’s Council on the basis
of a proposal by the minister, for the period of four years, after which he/she
may be reappointed. In the procedure of proposing the Director of the Agency,
the minister may previously publish a public invitation for the proposal of
candidates for the Director of the Agency.
(4) A Croatian
citizen with residence in the Republic of Croatia, university qualifications in
the field of electrotechnical, legal or economic sciences and at least five
years of work experience in the field of telecommunications, as well as active
business knowledge of at least one foreign language (English, German or French),
who was particularly distinguished in his/her profession for his organizational
abilities may be appointed Director of the Agency.
(5) The
Director of the Agency may be dismissed from office before the expiry of the
period for which he/she was appointed under conditions provided for by the
Statute of the Agency.
(6) The
employment rights of the Director of the Agency and employees of the
administrative service of the Agency shall be regulated by the Ordinance on the
Work of the Agency, in accordance with general labour
legislation.
(7) The
provisions of the Institutions Act shall apply to other issues concerning the
establishment and operation of the Agency, which are not regulated by this
Act.
Scope and
Competence of Agency
Article
12
(1) The Agency
shall be competent for the following tasks:
1. passing of
decisions on granting and revoking of concessions and licenses in accordance
with the provisions of this Act and regulations passed on the basis of this
Act;
2. supervision
and regulation of prices and quality of telecommunications services in
accordance with the provisions of this Act;
3. dispute resolution between operators, and between
operators and service providers in compliance with the provisions of this Act
and the regulations passed on the basis of this Act;
4. dispute
resolution between providers and users of services, with the mediation of the
Council of Users of Telecommunications Services, in accordance with the
provisions of this Act and the regulations passed on the basis of this
Act;
5. passing of
decisions and resolutions related to the performance of other regulatory tasks
within the competence of the Agency in accordance with the provisions of this
Act;
6. management
of addressing and numbering space in telecommunications and drafting of
corresponding plans;
7. management
of the radio frequency spectrum, design of Radio Frequency Spectrum Allocation
Tables and plans for the allocation of radio frequencies;
8.
implementation of harmonisation procedures of radio frequencies at the national
and international level and allocation of radio
frequencies;
9. control of
the radio frequency spectrum and undertaking of protective measures against
harmful interference;
10. conclusion
of frequency concession agreements for the performance of telecommunications
services pursuant to this Act, and frequency concession agreements for the
performance of broadcasting services in accordance with the provisions of a
special law regulating the field of electronic media;
11. drafting of
by-laws passed pursuant to this Act, upon request by the
Ministry;
12. giving
expert opinions on particular issues from the sector of telecommunications and
the implementation of this Act and
regulations passed on the basis of this Act, upon request by the interested
parties;
13.
organisation of expert meetings, public consultations, market research and
public opinion polls on particular issues from the field of
telecommunications;
14. performance
of tasks of international cooperation with international telecommunications
organizations and institutions, and participating in the work of their expert
bodies and working groups, with the approval of the Government of the Republic
of Croatia and Ministry;
15. cooperation
with foreign telecommunications regulatory authorities;
16. performance
of other tasks defined by this Act and the Statute of the
Agency.
(2) The tasks
referred to in paragraph 1, items 1 to 9 of this Article shall be of particular
interest for the
(3) The
Agency’s Council shall make decisions regarding the performance of all
regulatory tasks referred to in paragraph 1, items 1 to 5 of this
Article.
(4) With the
previous approval of the Government of the
(5) The
Agency’s Council shall also pass other by-laws and shall perform other
activities determined by this Act and by the Statute of the
Agency.
Procedure for
Passing and Execution of Agency’s Decisions
Article
13
(1) The
Agency’s Council shall pass decisions by the majority of votes of all the
members of the Agency’s Council.
(2) In all
procedures before the Agency, which are initiated in accordance with the
provisions of this Act, prior to passing the decision, the Agency must enable
each party in the procedure to give its statement about the facts important for
the decision, and to submit all the necessary documentation or other evidence he
deems significant for passing the decision.
(3) The
decisions of the Agency’s Council shall be final.
(4) No
complaints may be lodged against decisions, resolutions and conclusions of the
Agency’s Council, but an administrative procedure may be initiated before the
Administrative Court of the
(5) The
Agency’s Council may, at the proposal of a party in the procedure or ex officio,
change or repeal its decision. No appeals are allowed against the decision of
the Agency’s Council about the change, i.e. repeal of its decision, but an
administrative procedure may be initiated before the Administrative Court of the
(6) The
decision of the Agency’s Council must be executed within fifteen days from the
date of its delivery to the party, unless a different term for implementation is
determined by the decision. If the party does not implement the decision within
the prescribed or determined term, the Agency shall perform the procedure of
implementation by another person or by coercion, except in a case when, at the
request of the party, the Agency’s Council decided to temporary postpone the
execution.
(7) In case of
non-compliance with the Agency Council’s decision within the term specified in
paragraph 6 of this Article, the Agency may issue a warrant in accordance with
the provisions of the Misdemeanour Act.
(8) The
provisions of the General Administrative Procedure Act shall apply to other
issues concerning procedures before the Agency, which are not regulated by this
Act.
.
Annual
Report
Article
14
(1) The
Agency’s Council shall submit to the Croatian Parliament and to the Government
of the Republic of Croatia the annual report about its work, and about the
status and the realization of principles and goals of the regulation of the
telecommunications market in the Republic of Croatia referred to in Article 5 of
this Act, at the latest by the end of March for the previous calendar year.
(2) At the
request by the Croatian Parliament or the Government of the
Submitting of
Data and Keeping of Official Secret
Article
15
(1) Legal and
natural persons performing telecommunications services and activities pursuant
to this Act, shall, at the request by the Agency made for the purpose of
performing the tasks referred to in Article 12 of this Act, provide access to
and submit to the Agency all the data connected to the performance of those
services and activities, including financial data and data marked as
confidential. The level of detail, and the way and the suitable term for
submitting those data shall be defined by the Agency in its
request.
(2) The members
of the Agency’s Council and the Agency’s professional and administrative staff
shall keep safe the data referred to in paragraph 1 of this Article, as well as
other data they learn in connection with performing of the assigned tasks
referred to in Article 12 of this Act or in any other way, unless otherwise
provided by the law for each individual case. Such data are considered as an
official secret.
(3) Access to
the data designated as a business secret by legal and natural persons referred
to in paragraph 1 of this Article in agreement with the Agency, is granted to
members of the Agency’s Council and to the Agency’s professional and
administrative staff authorized in accordance with the Agency’s by-law which
regulates the way of handling the data that are considered as a business secret,
as well as the Ministry employees authorized by the
Minister.
(4) The
obligation to keep the official secret referred to in paragraph 2 of this
Article ceases after the expiry of the term of five years from the date of
dismissal from office of a member of the Agency’s Council, i.e. after the date
of the termination of employment of an Agency professional and administrative
staff member.
Funds for
Performing the Agency Operations
Article
16
(1) The funds
for performing the Agency operations, in accordance with its annual financial
plan, shall be provided:
1. from the
part of fees for the use of radio frequencies which cannot, expressed in
percentage, be less than 5%,
2. from the
fees for the use of addresses and numbers,
3. from the
amount of 0,2% of total annual gross revenue realised in the previous year by
concessionaries and telecommunications service providers for providing
telecommunications services referred to in Article 23 of this Act, except for
concessionaries of radio diffusion services.
(2) The part of
the fee referred to in paragraph 1, item 1 of this Article and the manner of
payment of the remaining part of the fee into the State Budget of the Republic
of Croatia, shall be regulated by a decision passed by the Government of the
Republic of Croatia on the basis of the financial plan of the Agency, 30 days
before the end of the current budget year at the latest.
(3)
Concessionaries and providers of telecommunications services shall pay the
amount referred to in paragraph 1, item 3 of this Article on behalf of the
Agency, every three months in four identical instalments, based on the invoice
issued by the Agency.
(4) The amount
and the methods of allocating the surplus of the funds referred to in paragraph
1 of this Article and which represents the difference between the income and
expenditure of the Agency at the end of the current budget year shall be defined
by a decision passed by the Government of the Republic of Croatia within six
months after the expiry of the current budget year.
(5) The Agency
shall be liable for its own obligations with its property, and the
(6) The
liabilities of the Agency shall be primarily settled from its property, and only
then from the state budget of the
(7) The Agency
may not, without prior consent by the Government of the
III.
TELECOMMUNICATIONS INFRASTRUCTURE
Conditions of
use of Telecommunications Infrastructure and
Equipment
Article
17
(1) The
telecommunications infrastructure and equipment, intended for use in the
Republic of Croatia, must be designed, produced, constructed, maintained and
used in accordance with Croatian standards, standards of the European
Telecommunications Standards Institute (ETSI), standards of the European Council
for Standardization / European Council for Electrical Engineering
Standardization (CEN/CENELEC), and the decisions, recommendations and other
Regulations of the International Telecommunications Union (ITU) and the European
Conference of Postal and Telecommunications Administrations
(CEPT).
(2) The
Minister may, in the form of ordinances, prescribe in more detail technical
conditions and conditions of use for specific types of telecommunications
infrastructure and equipment referred to in paragraph 1 of this
Article.
(3) The
telecommunications infrastructure and equipment of public telecommunications
must be designed, produced and constructed in such a way that telecommunications
services are accessible to disabled persons.
(4) A building
permit for telecommunications infrastructure shall be issued in accordance with
a special law which regulates construction, with prior application to the
Agency.
(5) During
construction of an office building or a residential building intended for
further sale, the investor of that building must construct the facilities for
the cables of subscriber telecommunications lines, for cable distribution and a
common antenna system, which are necessary only for that building, according to
the relevant technical documentation and construction drawings, and the complete
telecommunications installation suitable for the purpose of the building,
including also cables for cable distribution and a common antenna system, in
accordance with the main design.
(6) If the
construction of a residential, office or another kind of building causes
interferences with the reception of radio or television programs of users of the
service of cable distribution or with a common antenna system, the investor of
the structure must, at his own expense, within the term of 60 days from the date
the interference was found, ensure the reception of radio and television
programs under the same conditions which existed before the interference
occurred.
.
Construction,
Use and Maintenance of Telecommunications Infrastructure and
Equipment
Article
18
(1)
Construction and use of the telecommunications infrastructure and equipment,
intended for connection to the public telecommunications network or for
providing public telecommunications services, must meet the conditions of
security of the network usage, the integrity of the network and interoperability
of telecommunications services, and the conditions for the connection of the
terminal telecommunications equipment.
(2) The
telecommunications infrastructure and equipment must be constructed, used and
maintained in such a way that its work does not cause interference in the
operation and use of public telecommunications, in accordance with the
standards, regulations, decisions and recommendations referred to in Article 17,
paragraphs 1 and 2 of this Act.
(3) The
operator and the service provider shall be obligated to provide access to their
telecommunications infrastructure and to give priority in the performance of
telecommunications services to state administration bodies competent for public
order, defence and national security, including also the competent security
services of the
(4) The
operator and the service provider shall free of charge provide the priority for
transmission of messages and calls for the needs of the service competent for
surveillance and alarming, and for all emergencies which relate to security of
human lives and to threats to property of a larger extent, in accordance with
special regulations.
(5) The
operator, the service provider and the owner of the telecommunications
infrastructure and equipment, and the owner, or the user of the radio station
shall, at the time of the state of war or immediate threats to independence and
integrity of the state, as well as in case of major natural disasters, give the
telecommunications infrastructure and equipment and a radio station for use to
competent bodies of state administration in accordance with special
regulations.
(6) The
operator and the service provider shall finance at its own expense the
functioning of a secret supervision of telecommunications services and/or
activities which he performs, as well as the telecommunications traffic on its
own national and international telecommunications connections, in accordance
with special laws from the field of national security.
(7) The
operator and the service provider must perform the tasks of automatic recording
of data about performed telecommunications services of its users for the purpose
of cost accounting for those services on the territory of the
International
Connection of Telecommunications Networks
Article
19
(1)
Telecommunications networks may be connected with telecommunications networks of
other countries on the basis of an approval from the
Agency.
(2) The
provisions of this Act concerning interconnection shall not apply to agreements
on connection of telecommunications networks between operators in the
(3) Agreements
referred to in paragraph 2 of this Article must be submitted to the Agency at
its request, and the Agency’s Council may, by a resolution, order the change of
fees and other conditions from those agreements, if it determines the occurrence
of serious disturbances on the telecommunications market and distortion of the
competition.
(4) For
interconnection of telecommunications networks of foreign operators across the
territory of the Republic of Croatia without the mediation of an operator in the
Republic of Croatia, it is necessary to obtain a license issued by the Ministry
with the approval of the ministry competent for administrative construction
affairs, and with the previously obtained approval of the Government of the
Republic of Croatia.
Execution of
Works in the Telecommunications Infrastructure and Equipment
Zone
Article
20
(1) Works must
not be carried out or new buildings constructed in the zone of
telecommunications infrastructure and equipment and the connection route, which
could harm or disturb their operation.
(2) The
investor must notify the Agency about the submission of the application for
issuance of a building permit for the construction of a new building in the zone
of the telecommunications
infrastructure and equipment and the connection route pursuant to a special law
regulating construction.
(3) In the
protected zone or the radio corridor of a radio station, works must not be
performed, new buildings must not be built and technical equipment should not be
installed which could, by their operation, position or structure, prevent the spreading of
electromagnetic
waves in the radio frequency spectrum or cause interference in radiocommunications.
(4) The
standards for determining the zone of the telecommunications infrastructure,
equipment and connecting route referred to in paragraph 1 of this Article, and
the protection zone and radio corridor referred to in paragraph 3 of this
Article are regulated in more detail by ordinances passed by the
minister.
(5) If it is
necessary to protect or move the telecommunications infrastructure, equipment or
the connection route for the purpose of performing works or constructing a new
building, the investor of works or of the new building must perform the
protection or moving in accordance with the provisions of this Act and the
regulations passed on the basis of this Act.
(6)
Below aerial and
above underground telecommunications
lines or in their immediate vicinity, as well as on routes of microwave links,
no seedlings may be planted which could damage those telecommunications lines or
disturb microwave links.
(7) The costs
referred to in paragraph 5 of this Article shall be borne by the investor of the
works or the new
building.
Use of Public
Property and Assets of Others
Article
21
(1) With the
obtained approval from the competent state administration body that manages
public resources, the concessionaires of broadcasting services and operators
shall be entitled to use, for the purpose of performing their activity, the
public properties in general use owned by the Republic of Croatia, and forests
and other land owned by the Republic of Croatia, as well as the air space above
them, for the construction and maintenance of their telecommunications
infrastructure and equipment.
(2) If the
approval referred to in paragraph 1 of this Article is not obtained, when it is
necessary for the purpose of construction of facilities or execution of works
which are, according to this Act, of interest for the
broadcasting
services and operators may acquire ownership or usufruct on the real estate
referred to in paragraph 1 of this Article, as well as the real estate of other
legal and natural persons, in accordance with the provisions of the
Expropriation Act.
(3) The rights
of the concessionaires of broadcasting services and operators referred to in
paragraphs 1 and 2 of this Article may also be realized by the Agency for the
purpose of the construction of a system of centres and stations referred to in
Article 83 of this Act.
Joint Use of
Constructed Telecommunications Infrastructure
Article
22
(1) The Agency
shall stimulate the joint use of the constructed
telecommunications
infrastructure,
particularly for protection of the health of people, protection of environment
and because of the need for more suitable physical
planning.
(2) If
technical conditions exist, the concessionaires of broadcasting services and
operators shall be entitled to use the constructed telecommunications
infrastructure owned by other legal and natural persons with the compensation of
real expenses, on the basis of a contract.
(3) If the
owner of the telecommunications infrastructure refuses to conclude a contract
referred to in paragraph 2 of this Article, the Agency shall, at the request of
a concessionaire of broadcasting services or operator, within the term of 60
days from the date of submitting
that request, determine if the adequate technical conditions exist, and,
if adequate technical conditions exist, shall pass a decision that will
completely replace that contract.
(4) If the
owner of the telecommunications infrastructure referred to in paragraph 3 of
this Article does not reply to the request by the concessionaire of broadcasting
services or operator within the term of 30 days from the date of the submission
of that request, it shall be deemed that he refused to conclude a contract
within the meaning of paragraph 3 of this Article.
IV.
TELECOMMUNICATIONS SERVICES
Types of
Telecommunications Services
Article
23
(1)
Telecommunications services, which are performed on the basis of a concession or
license,
shall
comprise:
1. public voice
services,
2. leasing of
telecommunications lines,
3. leasing
of telecommunications network or
its parts,
4. broadcasting
services,
5. cable
distribution services.
(2) Other
telecommunications services, which are performed on the basis of a notification,
shall comprise:
1. transmission
of voice, sound, data, documents, images and other, except for public voice
services,
2. transmission
of voice, sound, data, documents, images and other via telecommunications
capacities in the fixed and mobile satellite service.
(3) The way and
conditions of performing telecommunications services as well as quality
standards of telecommunications services referred to in paragraphs 1 and 2 of
this Article shall be prescribed by the Ordinance on Telecommunications Services
passed by the Minister.
(4) The
provisions of a special law regulating the field of electronic media shall apply
to the programme contents produced, broadcasted and/or published by the
performance of the telecommunications services referred to in paragraphs 1 and 2
of this Article.
Concession for
the Frequency for Performance of Public Telecommunications
Services
with the Use of
the Radio frequency Spectrum
(1) The right
to perform telecommunications services referred to in Article 23, paragraph 1 of
this Act in the mobile telecommunications network with the use of the radio
frequency spectrum shall be given to a company on the basis of a decision on
granting the concession and the signed concession agreement. The decision on
granting a concession shall be given on the basis of a public
tender.
(2) The right
to perform public telecommunications services referred to in Article 23,
paragraph 1 of this Act in the fixed telecommunications network with the use of
the radio frequency spectrum shall be acquired by a undertaking on the basis of
the decision on granting the concession for the use of the frequency, which is
provided at request, and the signed concession agreement.
(3) By way of
derogation from the provision referred to in paragraph 2 of this Article, the
conditions and the procedure for granting the concession for the performance of
radio and television activities shall be prescribed by a special law regulating
the field of electronic media. Professional tasks relating to granting of the
concession for performing radio and television activities, which refer to
technical conditions for allocation of radio frequencies, shall be performed by
the Agency.
(4) The
operator of a public telecommunications network with significant market power on
the market of public voice services may not perform broadcasting services which
are performed according to the special law which regulates the field of
electronic media, but must
establish a special legal person for the purpose of performing these
services.
(5) Technical
conditions for a public tender and for submitting the application for granting
concessions for frequencies for the provision of services with the use of the
radio frequency spectrum must be based on the Ordinance on the Usage of Radio
Frequency Spectrum referred to in Article 76, paragraph 1 of this
Act.
(6) When the
Agency’s Council receives an application for granting the concession referred to
in paragraph 2 of this Article, it shall publish the information about the
receipt of that application together with basic technical characteristics in the
Official Gazette of the
(7) The
application for granting a concession referred to in paragraph 2 of this
Article, which may be resolved without a public tender, and which meets the
conditions stipulated by the Ordinance referred to in paragraph 9 of this
Article, shall be dealt with by the Agency within 60 days from the date of
receipt of the application. A company can submit only one application for
granting the concession in a specific part of the radio frequency spectrum and
for a certain frequency area.
(8) The
decision on granting the concession for frequency for the provision of
telecommunications services referred to in paragraphs 1 and 2 of this Article
shall be passed by the Agency’s Council. The decision must be based on the
principles of objectivity, non-discrimination, transparency and proportionality,
and it must be explained in detail.
(9) The
concession for frequency for the provision of telecommunications services, which
is granted on the basis of the published public tender may be granted only to a
undertaking which submits convincing evidence that it will meet the technical,
technological, financial, spatial and personnel conditions for providing a
specific type of a telecommunications service, in accordance with the tender
documentation and the criteria laid down by the Ordinance on Concessions and
Licenses for the Provision of Telecommunications Services passed by the
Minister.
(10) The
concession for frequency for the provision of telecommunications services, which
is granted on the basis of a submitted application, may be granted to the
undertaking which provides convincing evidence that it will meet the technical,
technological, financial, spatial and personnel conditions for providing a
specific type of a telecommunications service, in accordance with the criteria
laid down by the Ordinance referred to in paragraph 9 of this
Article.
(11) The
duration and the scope of the concession for frequencies for the provision of
telecommunications services referred to in paragraphs 1 and 2 of this Article,
duration and scope of the licence for the provision of telecommunications
service referred to in paragraph 25 of this Act, special conditions relating to
the quality of telecommunications services, the access of users to
telecommunications services and the availability of a telecommunications network
shall be regulated by the Ordinance referred to in paragraph 9 of this
Article.
(12) For the
construction, erection and use of private telecommunications networks and the
related telecommunications infrastructure and equipment neither the concession
nor the licence referred to in Article 25 of this Act are necessary.
(13) The right
to provide services in the networks of the professional mobile radio (PMR) shall
be granted on the basis of a licence referred to in Article 25 of this Act. The
network of the professional mobile radio (PMR) may be connected to the public
telecommunications network on the basis of the Agency’s
approval.
(14) By way of
derogation from the provision referred to in paragraph 1 of this Article virtual
mobile network operators may provide public telecommunications services on the
basis of a previously concluded contract with a concessionaire of public
telecommunications services in the mobile telecommunications network and the
license referred to in Article 25 of this Act.
License for
Provision of Telecommunications Services
Article
25
(1) The right
to perform telecommunications services referred to in Article 23, paragraph 1 of
this Act, for which the use of a radio frequency spectrum is not necessary,
shall be obtained on the basis of a license.
(2) Cable
distribution services of radio and/or television programs my not be performed in
the same legal person by:
- operators of
the public telecommunications network with significant market power on the
market of public voice services,
- operators of
the public telecommunications network in which the Republic of Croatia has a
direct or indirect majority share in the capital, i.e. the business share, or
the majority right in decision-making,
- radio and
television concessionaires, Croatian Radio Television and legal persons
producing and/or publishing electronic publications.
(3) The license
the provision of telecommunications services referred to in paragraph 1 of this
Article shall be granted at the request of a legal person, and it must be based
on the principles of objectivity, non-discrimination, transparency and
proportionality.
(4) The request
for granting the license referred to in paragraph 3 of this Article shall in particular
contain the following:
- the name and
seat of the applicant,
- the evidence
about the legal personality of the applicant,
- the type and
description of the telecommunications service.
(5) More
detailed conditions, which must be contained in the application referred to in
paragraph 4 of this Article, depending on the type and complexity of a
telecommunications service, shall be prescribed by the Ordinance referred to in
Article 24, paragraph 9 of this Act.
(6) The
Agency’s Council shall issue the license referred to in paragraph 3 of this
Article within the term of 60 days from the date of receiving the application
for issuing of the license, if the conditions referred to in paragraphs 4 and 5
of this Article have been met. Depending on the type and complexity of a
telecommunications service, the Agency or a legal person authorised by the
Agency’s Council, may, prior to the beginning of the provision of the service
and within the appropriate time limit, perform technical inspection in order to
determine whether all the conditions prescribed by this Act and regulations
adopted pursuant to this Act have been met.
(7) The
Agency’s Council shall refuse to issue the license referred to in paragraph 3 of
this Article, if it determines that the application does not meet the conditions
from paragraphs 4 and 5 of this Article after the expiry of an extended deadline
for completion of the application.
(8) The license
referred to in paragraph 3 of this Article must in particular contain the basic data on the legal
person which provides the telecommunications service, the type of the
telecommunications service and the scope of providing that service. The Ordinance
referred to in Article 24, paragraph 9 of this Act may also prescribe additional
data which must be contained in that license.
(9) For
providing public voice services, which are provided directly via the public
telephone network, it is necessary, beside the obtained license referred to in
paragraph 3 of this Article, to ensure interconnection and allocation of
necessary numbers in accordance with the provisions of this
Act.
(10) The legal
person having the license may transfer the right to perform telecommunications
services referred to in paragraph 1 of this Article to another legal person. The
right to perform those services is considered fulfilled after the legal person,
to which the right of performing of those services is transferred, obtains a new
license in accordance with the provisions of this Act.
Termination of
Validity of License for Providing Telecommunications
Services
Article
26
(1) The
Agency’s Council shall pass a decision about termination of the validity of the
license for providing telecommunications services in the following
cases:
1. when the
license was granted on the basis of incorrectly stated data from the application
for the license,
2. when the
legal person, which obtained the license, has not started to provide
telecommunications services within the term determined in the license, or if it
stops providing those services for a period longer than 48 hours, except in the
case of force
majeure,
3. when the
legal person, which obtained the license, performs telecommunications services
contrary to the provisions of this Act and the regulations passed on the basis
of this Act, or contrary to conditions established in the license even after the
expiry of the suitable term determined in the third previously submitted
reminder by the Agency, within which the legal person was obligated to eliminate
the determined deficiencies,
4. when the
legal person, which obtained the license, has not paid the prescribed
compensation for the license even after the receipt of the reminder by the
Agency,
5. in the case
of transfer of the right to provide telecommunication services to another legal
person.
(2) No appeal
may be lodged against the decision referred to in paragraph 1 of this Article,
but an administrative procedure may be started before the Administrative Court
of the
(3) The
Agency’s Council must pass the decision referred to in paragraph 1 of this
Article without delay, at the
latest within the term of 30 days from the date of the commencement of the
circumstances referred to in paragraph 1 of this Article.
(4) When the
decision referred to in paragraph 1 of this Article becomes final, the legal
person shall lose the right to perform the telecommunications service, without a
right to compensation.
Notification
for Provision of Telecommunications Services
Article
27
(1) The right
to provide telecommunications services referred to in Article 23, paragraph 2 of
this Act shall be acquired by a legal or natural person by submitting a written
notification to the Agency.
(2) The written
application referred to in paragraph 1 of this Article must in particular
contain the following:
- the name and
seat, that is name and surname of the applicant,
- the evidence
about the legal status of the applicant, i.e. the right of the applicant to
perform business
- the type and
description of the telecommunications service for which is
notified.
(3) The Agency
may decide to forbid the provision of notified telecommunications services
referred to in Article 1 of this Act if those services are not provided pursuant
to this Act and regulations adopted on the basis of this
Act.
Telecommunications
Services with the Use of Free Radio Frequency
Spectrum
Article
28
(1) The right
to provide telecommunications services with the use of a free radio frequency
spectrum referred to in Article 23, paragraph 1 of this Act shall be obtained on
the basis of the license referred to in Article 25 of this
Act.
(2) Providers
of public telecommunications services referred to in paragraph 1 of this Article
must notify to the Agency the erection of each radio station which is used on
the basis of the general license referred to in Article 87 of this
Act.
(3) The
notification referred to in paragraph 2 of this Article must in particular
contain the following:
- geographic
position and, if it exists, the address of the erected radio stations,
- coverage area
(the range) of the erected radio stations
- the distance between points connected by
point-to-point connections,
- basic data on
the radio station (manufacturer, type of the device, basic technical
data),
- data on
technical characteristics of the used antenna system,
- basic data on
the service user,
- declaration
that the radio station is erected in accordance with the conditions from the
general license.
Granting of
Concession
Article
29
(1) The
concession for frequency for providing telecommunications services referred to
in Article 24, paragraphs 1 and 2 of this Act shall be granted by the Agency’s
Council.
(2) The public
tender referred to in Article 24, paragraph 1 of this Act shall be invited by
the Agency’s Council, and the decision about a public tender shall be published
in the Official Gazette of the
(3) By way of
derogation from paragraph 2 of this Article, the public tender for radio and
television activities shall be published according to the Electronic Media
Act.
(4) The
contents and the procedure of the public tender referred to in Article 24,
paragraph 1 of this Act and the procedure of dealing with the applications
referred to in Article 24, paragraph 2 of this Act shall be prescribed in
greater detail by the Ordinance referred to in Article 24, paragraph 9 of this
Act.
Concluding a
Concession Agreement
Article
30
(1) On the
basis of the decision on granting the concession referred to in Article 24 of
this Act, a company shall conclude a concession agreement with the Agency after
it has been determined during a technical inspection, which, within the term
determined in the decision on granting the concession, is performed by the
Agency or a legal person authorised by the Agency’s Council, that the conditions
determined by this Act and regulations adopted pursuant to this Act. The manner
of performance of the technical inspection referred to in this Article and
Article 25, paragraph 6 of this Act and the coverage of the expenses arising
therefrom shall be regulated by an ordinance adopted by the Minister.
(2) The
proposal of the concession agreement referred to in paragraph 1 of this Article
shall be an integral part of the tender documents in the procedure of the
implementation of a public tender for granting the
concession.
(3) The Agency
shall conclude the concession agreement referred to in paragraph 1 of this
Article under equal essential conditions with all the legal persons to which the
concession for performing of the same or similar telecommunications services or
other telecommunications activities is granted.
(4) The
concession agreement for the performance of radio and television activities
shall be concluded pursuant to provisions of a special act regulating the field
of electronic media after the technical inspection referred to in paragraph 1 of
this Article has been performed.
Duration and
Renewal of Concession
Article
31
(1) The
concession for frequency for the provision of telecommunications services shall
be granted for a period which cannot be longer than 30 years, depending on the
type and complexity of telecommunications service, and the geographical
concession area in accordance with the Ordinance referred to in Article 24,
paragraph 9 of this Act.
(2) At the
request by the concessionaire, which was submitted at least 60 days before the
expiry of the validity of the concession, the concession for frequency for the
provision of telecommunications services can be renewed on the basis of the
public tende referred to in Article 24, paragraph 1 of this
Act.
(3) In the case
of renewal of the concession referred to in paragraph 2 of this Article, the
concessionaire shall pay compensation in the way and in the amount prescribed by
the Ordinance referred to in Article 36, paragraph 1 of this
Act.
Transfer of
Concession
Article
32
(1) The
concessionaire may transfer the concession to another legal person, together
with the property, rights and liabilities essential for continuous performance
of telecommunications services or activities, with the previously obtained
approval from the Agency’s Council.
(2) The request
for giving the approval for the transfer of the concession shall be jointly
submitted to the Agency in writing by the concessionaire and the legal person
referred to in paragraph 1 of this Article.
(3) The
Agency’s Council must give its opinion about the request for granting the
approval referred to in paragraph 2 of this Article at the latest within the
term of 30 days from having received the request.
(4) The legal
person to which the concession is transferred shall conclude a new concession
agreement which contains the same essential provisions as the agreement of the
concessionaire who transferred the concession.
Revocation and
Termination of Concession
Article
33
(1) The
Agency’s Council shall make a decision to revoke the concession for
frequency
for the
provision of telecommunications services if it determines:
1. that the
company, which was granted the concession, did not conclude the concession
agreement within the term determined in the decision on granting the concession
or within an extended term
2. that the
concession was granted on the basis of incorrectly stated data important for
making the decision about granting the concession,
3. that the
concessionaire has not started to realize the concession within the term
stipulated in the concession agreement or if he interrupts realizing the
concession for a period longer than 48 hours, except in the case of force majeure,
4. that the
concessionaire is providing telecommunication services contrary to the
provisions of this Act and regulations passed on the basis of this Act, of the
decision on granting the concession, or of the concession agreement, and after
the expiry of the appropriate time, as defined in the third previously delivered
warning by the Agency, during which the concessionaire was obligated to
eliminate the detected deficiencies,
5. that the
concessionaire has not paid the prescribed concession fee in due time even after
the receipt of the warning by the Agency.
(2) An appeal
against the decision referred to in paragraph 1 of this Article may not be made,
but an administrative procedure may be started before the Administrative Court
of the
(3) The
Agency’s Council makes the decision about the termination of the concession for
the frequency for the provision of telecommunications services in the following
cases:
1. after the
expiry of the time for which the concession was granted,
2. if the
concessionaire waives the concession in writing,
3. after the
termination of the legal status of the concessionaire,
4. if the
provision of telecommunications services for which the concession was granted is
forbidden to the concessionaire by a legally valid court
decision,
5. on the basis
of a consentual termination of the concession agreement.
(4) The
Agency’s Council shall make the decision referred to in paragraphs 1 or 3 of
this Article without delay, at the latest within the term of 30 days from the
date of the occurrence of the circumstances referred to in paragraphs 1 or 3 of
this Article.
(5) When the
decision about revoking of the concession, i.e. the decision about the
termination of the concession becomes final, the concession agreement ceases to
be valid.
Shares in the
Concessionaire's Company
Article
34
(1) The
concessionaire must notify the Agency in the case when one natural person or a
legal person gains control or the majority shares or stocks in the
concessionaire's company (over 50% share in a limited liability or over 25% of
voting shares in a joint-stock company).
(2) If, with
the previous opinion by the body competent for the protection of competition,
the Agency’s Council determines that serious distortions in the
telecommunications market and disruption of the competition have arisen by
gaining of majority share referred to in paragraph 1 of this Article, it shall
pass a decision ordering the sale of the corresponding part of the shares of
socks in the concessionaire's company.
(3) If a
provider of public voice services with significant market power in the fixed
telecommunications network gains the majority share referred to in paragraph 1
of this Article in companies which perform services referred to in Article 23,
paragraph 1, items 2 to 5 of this Act, which has, according to the opinion by
the Agency’s Council, resulted in serious distortions in the telecommunications
market and disruption of the competition, the Agency’s Council shall, with the
previously obtained opinion by the body competent for protection of competition,
pass a resolution ordering the sale of a corresponding part of the shares of
stocks of the provider of public voice services.
Authorizations
for Performing Activities in Telecommunications
Article
35
(1) The
Agency’s Council shall issue the authorization to legal persons for performing
the following activities in telecommunications:
1. technical
inspection referred to in Article 25, paragraph and Article 60, paragraph 1 of this
Act
2. radio
measurements referred to in Article 85, paragraph 4 of this
Act,
3. radio
measurements and tests referred to in Article 86, paragraph 4, item 2 of this
Act,
3. technical
inspection referred to in Article 86, paragraph 6 of this
Act,
4. conformity
assessment of the R&TT equipment referred to in Article 98 of this
Act,
5. calculations
and measurements of electromagnetic fields referred to in Article 101, paragraph
3 of this Act,
6. conformity
assessment of electrical and other technical equipment referred to in Article
102 of this Act,
7. measurements
and tests for the purpose of determining the cause of disturbances referred to
in Article 103, paragraph 2 of this Act.
(2) If the
legal person referred to in paragraph 1 of this Article does not perform the
expert tasks or activities for which it was authorized in accordance with the
provisions of this Act and the regulations passed on the basis of this Act, the
Agency’s Council shall pass a resolution about revoking authorizations to that
legal person.
(3) The way and
the conditions of issuing the authorizations referred to in paragraph 1 of this
Article shall be prescribed by Ordinance passed by the
Minister.
Fee for
Concessions, Licenses, Notifications and
Authorizations
for
Telecommunications Services and Activities
Article
36
(1) For the
concession for frequency the provision of telecommunications services referred
to in Article 24, paragraphs 1 and 2, for the license referred to in Article 25,
paragraph 1, for the notification referred to in Article 27, paragraph 1, and
for the authorization referred to in Article 35, paragraph 1 of this Act, a fee
shall be paid in the way and in the amount prescribed by the Ordinance on
Payment of Fees for the Provision of Telecommunications Services and Activities,
which is passed by the Minister, where the amount of the fee must not disrupt
free competition.
(2) The
Ordinance referred to in paragraph 1 of this Article shall also prescribe the
way and the amount of the fee which is paid for participation in the public
tender and for receiving tender documents referred to in Article 24, paragraph 1
of this Act, for submitting the application for the license referred to in
Article 25, paragraph 3 of this Act, and for submitting a written notification
referred to in Article 27 of this Act.
(3) The fees
referred to in paragraphs 1 and 2 of this Article shall be paid into the State
budget of the
V. UNIVERSAL
TELECOMMUNICATIONS SERVICES
Scope of
Universal Telecommunications Services
Article
37
(1) Universal
telecommunications services means the minimum set of telecommunications services
of specified quality, which are available at an affordable price to all the end
users in the
(2) The
universal telecommunications services shall comprise the
following:
1. access to
the public voice service via a connection to a fixed location, which enables the
end user to send and receive local, national and international telephone calls,
communication via facsimile and telecommunication data transfer with the speed
of data transfer which enable an efficient access to the Internet, taking into
consideration the technologies used by most of the subscribers, as well as the
technological feasibility;
2. access of
end users to at least one comprehensive list of public voice service
subscribers, in the form approved by the Agency’s Council, which may be printed
and/or electronic, and has to be regularly updated, at least once a year, during
which the right to privacy regarding the use of their personal data must be
ensured to subscribers;
3. access of
end users to the service of providing information, including also users of
public telephone booths;
4. erection of
public telephone booths in public places accessible at all times, in accordance
with reasonable needs of end users, relating to the area coverage, the number of
telephone booths, their accessibility to disabled persons and the quality of the
service; 5. free telephone calls for emergency services, as well as the Single
European Emergency Call Number, from any telephone device, including all public
telephone booths.
(3) The manner
and the conditions of providing, and a more detailed description and measures of
the quality of telecommunications services shall be prescribed by the Ordinance
on Universal Telecommunications Services.
(4) The
Ordinance referred to in paragraph 3 of this Article may, if necessary, amend
the scope of universal telecommunications services, depending on the
distribution and significance of specific telecommunications services in
relation to the achieved level of social, economic and technological
development.
(5) The price
of universal telecommunications services must be cost oriented and must be
identical on the whole territory of providing those
services.
(6) The price
referred to in paragraph 5 of this Article shall be approved by the Agency’s
Council, during which special benefits for socially deprived groups of users of
services can also be considered.
Obligation to
Provide Universal Telecommunications Services
Article
38
(1) If it is
determined that the universal telecommunications service referred to in Article
37 of this Act is not carried out in the prescribed and suitable way, or if
there is a reasonable doubt that such service will not be provided, each
operator which provides telecommunications services in the relevant service
market which was designated by the Agency’s Council for a specific
telecommunications service or which has a significant market power shall
contribute to the provision of universal telecommunications services.
(2) The Agency
shall publish in the Official Gazette of the Republic of Croatia a list of
relevant service markets in which the universal telecommunications service is
not performed in the prescribed and appropriate way, or for which there is
reasonable doubt that such service will not be provided, on condition that,
within the term of 30 days from the receipt of the written notice by the Agency
about its intention to publish that list, the operator does not submit to the
Agency a written statement that he is ready to provide the universal
telecommunications service to the full extent and in the prescribed
way.
(3) If there
are several providers of public voice services in the relevant market referred
to in paragraph 1 of this Article, the Agency’s Council shall pass a decision
obliging one or more providers of public voice services to provide universal
telecommunications services, or it may, on the basis of the public tender for
the provision of universal telecommunications service, select the most
favourable bidder for providing that service, in the manner and according to the
procedure laid down in the ordinance referred to in Article 37, paragraph 3 of
this Act, while taking into account not to disrupt competition and observing the principles
of objectivity, transparency and non-discrimination.
Special
Obligations of Universal Telecommunications Service
Providers
Article
39
(1) Providers
of universal telecommunications services must ensure correct and undisturbed
functioning of their telecommunications system in accordance with the provisions
of this Act and regulations passed on the basis of this
Act.
(2) If the
universal telecommunications service provider is forced, because of force majeure, to temporarily cancel or
limit a certain number or type of services, he must, without delay, and, if
possible, in advance, inform the Ministry and the Agency about that in writing,
as well as users of universal telecommunications services via mass media.
(3) If
circumstances referred to in paragraph 2 of this Article arise, the Minister
shall, upon proposal by the Agency’s Council, pass a decision determining the
users of universal telecommunications services which have priority in using
those services.
(4) Providers
of universal telecommunications services in the relevant market must, once a
year, upon request by the Agency’s Council, submit the data about the realized
total income on that market. If the requested data are not submitted to the
Agency in due time, the Agency’s Council may make an estimate of the total
revenues.
Compensation of
Expenses of Universal Telecommunications Service
Providers
Article
40
(1) A universal
telecommunications service provider, which is obligated to perform that service
in accordance with Article 38, paragraph 3 of this Act, is entitled to demand
from the Agency the compensation of the costs for performing those services,
providing that those costs represent undue financial burden for the universal
telecommunications service provider, during which it can be proved without a
doubt that long-term additional expenses accrued during the provision of
universal telecommunications services exceed the income for that same
period.
(2) The
compensation of costs referred to in paragraph 1 of this Article may not be
claimed by the universal telecommunications service provider which has over 80%
share in the total income realized on the market of those
services.
(3) The
universal telecommunications service provider must enclose, with the claim for
compensation of costs referred to in paragraph 1 of this Article, evidence
confirming that the claim is justified, while the Agency or the auditor
authorized by the Agency’s Council are entitled to review the accounting books
and other documentation of the claimant, on the basis of which net costs for the
provision of universal telecommunications services may be calculated, taking
into account the realized revenues from providing that service, including an
estimate of indirect profit and other benefits which the universal
telecommunications service provider will realize on the
market.
(4) If, in the
process of calculating the net expenses for providing universal
telecommunications services, the Agency’s Council determines that the claim for
the compensation of the costs referred to in paragraph 1 of this Article is
justified, it will pass a resolution about the compensation of those costs to
the universal telecommunications service provider, for the costs incurred in the
previous calendar year.
(5) Once a
year, the Agency shall publish in the Official Gazette of the Republic of
Croatia, and in another suitable way, the calculation of net costs for providing
universal telecommunications services and the results of the audit in connection
with the provision of those services of all services providers referred to in
paragraph 1 of this Article, as well as the amount of the obligatory
contribution referred to in Article 41, paragraph 4 of this Act, and the market
benefits which could be realized by those service providers, while at the same
time taking into account to keep the business and official secrets in accordance
with special regulations.
(6) The manner
and the procedure of submitting and resolving of claims for the compensation of
costs referred to in paragraph 1 of this Article, the manner of determining the
amount of the compensation of those costs, and the manner and terms of its
payment shall be prescribed in greater detail in an ordinance passed by the
Minister.
Universal
Telecommunications Services Fund
Article
41
(1) Financial
resources for the compensation of costs referred to in Article 40, paragraph 1
of this Act shall be provided from the Universal Telecommunications Services
Fund (hereinafter: the Fund).
(2) The Fund
shall be established by the Agency upon proposal by the Minister if there are
several providers of universal telecommunications services, and none of the
providers of those services realizes more than 80% of the share in the total
income realized on the market of those services.
(3) The Fund
shall be managed by the Fund Commission consisting of five members appointed and
dismissed from office by the Agency’s Council. The Fund Commission is
responsible for its work to the Agency’s Council. The members of the Fund
Commission shall be entitled to a monthly compensation for their
work.
(4) The Fund
shall acquire financial resources from the contributions by all providers of
public voice services and operators whose share in the total annual income
realized on the market of those services exceeds 5%. The contribution of each
particular provider of public voice services must be proportional to the share
of his annual income from those services in relation to the total annual income
of all the providers of public voice services on the market of those
services.
(5) Upon the
expiry of each calendar year, the Agency’s Council shall pass a resolution
determining the amount of the contributions referred to in item 4 of this
Article for each provider of public voice services, on the basis of the total
amount of net costs which will be compensated to providers of universal
telecommunications services for the previous calendar year, as laid down in
Article 40, paragraph 4 of this Act, while observing the principles of
transparency, proportionality, non-discrimination and non-disruption of
competition.
(6) The way and
procedure of determining the amount of the contributions referred to in
paragraph 4 of this Article, the methods and terms of payment and all the issues
in connection with managing of the Fund shall be regulated in greater detail by
the Ordinance referred to in Article 40, paragraph 6 of this
Act.
VI. PROTECTION
OF USER RIGHTS
Special
obligations of public voice service providers
Article
42
Providers of
public voice services must ensure an equal availability and accessibility of
their services in the fixed telecommunications network, including also the
services of access to the subscribers directory, to disabled users and to users
with special social needs.
Subscriber
Relationships
Article
43
(1) The rights
and obligations arising from the subscriber relationship between public
telecommunications service providers and subscribers to those services shall be
stipulated by the general conditions of operation referred to in Article 62,
paragraph 1 of this Act.
(2) Within the
general conditions of operation referred to in paragraph 1 of this Article, the
layout and the contents of the form for requesting the connection of the
subscriber terminal equipment, the manner and the conditions of establishment,
transfer and cancellation of the subscriber relationship, provisions on
maintenance, inspection, relocation and temporary disconnection of the
subscriber terminal equipment are specifically determined, as well as other
issues in connection with the subscriber relationship, which are prescribed by
the Ordinance referred to in Article 62, paragraph 7 of this
Act.
(3) Public
telecommunications service providers must conclude a written contract with the
subscriber about the connection to their telecommunications network and
provision of public telecommunications services. The written contract must in
particular contain the provisions established by a special law regulating
consumer protection. The written contract for providing public voice services in
the fixed telecommunications network, which is concluded for the period longer
than one year, must also contain a provision about the right of the subscriber
to cancel the contract with the notice not exceeding six
months.
(4) When
introducing new services, public telecommunications service providers are
obliged to provide necessary description of such services to the users, and
enable the users to choose whether they wish to use them even if they are free
of charge.
Itemized
Bill
Article
44
(1) Providers
of public telecommunications services must automatically record data on the
provided telecommunications services for their users of services for the purpose
of the calculation of costs for the provision of those services, and they must
enable users of the services, free of charge, an insight into and the control of
data about the costs incurred, and an itemized bill for the performed
telecommunications services.
(2) An itemized
bill referred to in paragraph 1 of this Article must contain all the necessary
details which allow the users of services a simple check and control of the
costs incurred by the use of those services, i.e. by the use of the fixed
telecommunications network, except for details about free of charge calls and
calls to emergency telephone numbers, and the data which are not compatible with
the provisions of special regulations on personal data
protection.
(3) By its
decision, the Agency’s Council may also define additional data, in addition to
the data referred to in paragraph 2 of this Article, which the providers of
telecommunications services shall include into the itemized bill, free of
charge.
(4) The
itemized bill referred to in paragraph 1 of this Article shall be submitted to
all the users of services free of charge. The users of services shall be
entitled, at their request, to receive an invoice for the performed
telecommunications services without an itemized bill.
Procedure in
Case of Non-Payment for Provided Telecommunications
Services
Article
45
(1) Public
voice services providers in the fixed telecommunications network shall be
entitled to temporarily disconnect a subscriber's terminal equipment from the
telecommunications network if the subscriber has not settled the debt for
provided telecommunications services, providing that the subscriber has been
delivered a dunning letter stating a temporary disconnection in case of
non-payment in due time, and in case the subscriber has not lodged an appeal
referred to in Article 49, paragraph 4, of this Act.
(2) Temporary
disconnection of the subscriber's terminal equipment referred to in paragraph 1
of this Article must, in accordance with technical possibilities, be limited
only to telecommunications services for the provision of which the debt was not
settled.
(3) Before
permanent disconnection of the subscriber's terminal equipment, a certain period
must be ensured during which the subscriber is entitled to receive incoming
calls.
(4) More
detailed conditions and terms for temporary and permanent disconnection of the
subscriber's terminal equipment in case of non- payment for the used
telecommunications services shall be prescribed by the Ordinance referred to in
Article 62, paragraph 7 of this Act.
Barring of
Outgoing Calls
Article
46
The operator
and the universal telecommunications service provider, which is obligated to
provide those services in accordance with Article 38, paragraph 3 of this Act,
must enable to its subscribers, at their request, a simple and free of charge
barring of certain types of outgoing calls, i.e. calls to certain numbers or
groups of numbers.
Automatic Call
Diverting
Article
47
(1) The
operator and public telecommunications services provider must enable to every
subscriber a simple and free of charge prevention of automatic diverting of
calls towards the subscriber's terminal device, which was performed by a third
party.
(2) The
operator and public telecommunications services provider must enable every
subscriber to make a simple and free of charge diverting of calls towards any
subscriber number, including the number of another operator or service provider,
and he must not, without the subscriber's approval obtained in advance, change
the settings of that diverting of calls. By way of derogation, in case of need
for larger technical operations in the telecommunications network, which require
the change of the setting for diverting of calls, the operator and service
provider shall advise their subscribers in a suitable term and in the suitable
way about all details of that change and the time of its commencement, at the
latest 30 days before the occurrence of that change.
Subscribers
Directory
Article
48
(1) Providers
of public telecommunications services must regularly update the directory of all
subscribers, except for subscribers which have explicitly forbidden in writing
to have their details included in the directory. The public subscribers
directory shall be available to all users of services in a suitable electronic
and printed form, and the printed edition of the subscribers directory must be
updated at least every two years.
(2) The
subscribers must be advised, free of charge, before entering of their personal
data into a public subscribers directory, about the purposes of the electronic
and printed edition of the directory, i.e. the directory which is available to
the public through the service of providing information, and about all other
possibilities of using of their personal data, which are based on search
functions within the electronic edition of the directory.
(3) The
subscribers have the right to a preliminary information, free of charge, about
the intention of entering their personal data into a public subscribers
directory, in the electronic or printed forms, the right to enter personal data
into the subscribers directory according to their own choice free of charge,
taking account of the necessary number of data which the provider of the
directory service designated for achieving the purpose of the directory, as well
as to checks, modifications, amendments and cancelling of personal data from
subscribers directory free of charge. The subscribers shall have a possibility
free of charge not to have their personal data entered into the public
subscriber’s directory.
(4) For any
purpose of the public subscriber’s directory, which is not searching for
personal data on the basis of the subscriber's name and, if it is necessary, the
smallest number of other indicators, the provider of the directory service shall
ask for additional approval from the subscriber.
(5) The
provisions referred to in paragraphs 2 and 3 of this Article shall apply to
subscribers who are natural persons. Legal persons cannot ask for a limitation
of entering of the data necessary for basic identification and communication
into the public directory.
(6) The
universal telecommunications service provider designated by the Agency’s Council
must ensure the directory enquiry service about the numbers of subscribers of
all public telecommunications networks in the
(7) Providers
of public telecommunications services shall, for the purpose of the realization
of the availability of data about numbers of subscribers referred to in
paragraph 6 of this Article, meet all justified requests by users of services
for access to data on subscribers in a suitable form and on the basis of the
principles of impartiality, non-discrimination and
cost-orientation.
(8) The
provisions referred to in paragraphs 2, 3, 4 and 5 of this Article shall not
apply to subscriber’s directories which were made and put to market in the
electronic or printed form before the entry of this Act into
force.
(9) If the
personal data of subscribers to public voice services in the fixed and mobile
telecommunications network were entered in the public subscribers directory
before the entry of this Act into force, personal data of those subscribers may
remain in that directory in its electronic or printed form, including also the
forms of the reverse search function, except in the case when subscribers
request differently, on the basis of the submitted information in accordance
with the provisions referred to in paragraphs 2 and 3 of this
Article.
Complaint and
Claims for Compensation
Article
49
(1) A user of
public telecommunications services may file a complaint to the provider of
services about the amount with which he was charged for the provided
telecommunications service, and a complaint about the quality of the provided
telecommunications service.
(2) The
complaint referred to in paragraph 1 of this Article shall be submitted in
writing, within 30 days from the date of issuing the bill for the performed
telecommunications services or from the date of performing of the
telecommunications service for which the complaint about its quality is
submitted.
(3) In case of
submitting the complaint referred to in paragraph 1 of this Article, the service
provider must check the amount owned for the provided telecommunications
service, or the quality of the provided telecommunications services, and, on the
basis of the check, he should confirm the charged amount or adjust it to the
correct amount.
(4) Until the
resolution of the complaint, the subscriber, who submitted an complaint about
the amount with which he was charged for the provided telecommunications service
to the service provider, shall pay the average amount with which he was charged
in the period of three months prior to the period to which the complaint
refers.
(5) The
subscriber or user of public telecommunications services who submitted a
complaint about the quality of the provided telecommunications service to the
service provider, may make a claim for the compensation of the damage to the
service provider if the level of quality of the performed telecommunications
service is inferior to the level of the quality prescribed by provisions of this
Act and regulations passed on the basis of this Act.
(6) The service
provider shall not be obligated to pay the compensation for the damage from
Paragraph 5 of this Article if the level of the quality of the performed
telecommunications services is inferior to the prescribed level because of
objective causes which could not have been
foreseen, avoided, or eliminated (Force Majeure).
(7) In the case
of a dispute regarding the debited amount referred to in paragraph 3 of this
Article or regarding the amount of the compensation referred to in paragraph 5
of this Article, the subscriber or the user of public telecommunications
services may, before submitting a claim to the competent court, submit a request
for dispute resolution to the Council of Users of Telecommunications
Services.
(8) The
provisions from general regulations on obligatory relations shall apply to
issues regarding claims for compensation and limitation period for the claim
referred to in paragraph 5 of this Article.
Council of
Users of Telecommunications Services
Article
50
(1) The Council
of Users of Telecommunications Services shall be founded with the Agency as an
advisory body which participates in the resolution of disputes between providers
and users of public telecommunications services.
(2) Members of
the Council of Users of Telecommunications Services shall be appointed by the
Minister from representatives of users and providers of public
telecommunications services, competent state administration bodies and
distinguished experts from the area of telecommunications and consumer
protection, where one third of the members of the Council of Users of
Telecommunications Services must consist of representatives of associations for
consumer protection.
(3) The Council
of Users of Telecommunications Services shall monitor and analyze the state in
the area of public
telecommunications services, and particularly the level of the quality and
prices of services and, in connection with that, it is entitled to require
through the Agency and from the provider of public telecommunications services
the necessary data and documentation. The Council of Users of Telecommunications
Services shall regularly, and at least once a year, report about its opinions,
evaluations and conclusions to the Ministry, the Agency and other competent
bodies, and to give suggestions for undertaking measures in accordance with the
law.
(4) The number
of members of the Council of Users of Telecommunications Services, the period
for which they are appointed and the manner and procedure of dispute resolution
referred to in paragraph 1 of this Article shall be regulated by the Ordinance
passed by the Minister.
(5) The work of
the Council of Users of Telecommunications Services shall be public. The Council
of Users of Telecommunications Services shall pass its rules of
procedure.
(6)
Professional, administrative and technical tasks for the needs of the Council of
Users of Telecommunications Services shall be performed by the
Agency.
VII.
COMPETITION
Operators or
Providers of Services with Significant Market
Power
Article
51
(1) The
operator or the service provider has significant market power in the relevant
market:
- if he is
insignificantly or not at all exposed to competition, or
- if he has a
dominant position on the market towards other participants due to his capability
to influence the market conditions, due to the amount of its income in relation
to the size of the market, and due to the supervision of the access to the end
users, due to access to financial sources or due to experience in the offer of
products and services.
(2) The
Agency’s Council can, ex officio or upon request by the operator or service
provider, determine by a decision that an operator or a service provider has a
significant market power if his share in the relevant market is higher than 25%
of the total market share in that market, taking into consideration the criteria
laid down in paragraph 1 of this Article.
(3) The
Agency’s Council can, ex officio, or upon request by the operator or service
provider, decide that an operator or a service provider has significant market
power on a specific market if his share in the relevant market is smaller than
25%, and it may also determine that an operator or a service provider does not
have significant market power even if his share on the market is higher than
25%, taking into consideration the criteria laid down in paragraph 1 of this
Article.
(4) In the
procedure of passing the decision determining if the operator or service
provider has significant market power in the relevant market, the Agency shall
carry out the procedure of determining and the analysis of the relevant markets,
in the way which is described in more detail by an ordinance passed by the
minister.
(5) The Agency
shall publish a list of operators and providers of services which have
significant market power in the relevant market in the Official Gazette of the
Republic of Croatia or in another suitable way once a year, in accordance with
paragraph 1 of this Article, and on the basis of the decision referred to in
paragraphs 2 and 3 of this Article.
(6) In
accordance with the principle of non-discrimination, the operators or providers
or services referred to in paragraph 1 of this Article must provide services to
participants on the market under comparable circumstances, equal conditions and
at the same level at which they perform those services for their own needs or
for the needs of associated companies.
Open network
access
Article
52
(1) Operators
with significant market power must provide network access by observing the
principles of non-discrimination and transparency.
(2) Operators
with significant market power, in accordance with the principle of
non-discrimination, must provide to all market players access to their
telecommunications network or unconnected parts of that network under comparable
circumstances, equal conditions and at the same level on which they perform
those services for their own needs or for the needs of associated companies.
(3) The network
access referred to in paragraph 1 of this Article shall be granted through
connections which are generally available on the market (general network
access), and it may also be granted through special connections (special network
access) upon the user's request, if there are technical possibilities for that
and if the person submitting the request covers the expenses of such an
access.
(4) The
operators referred to in paragraph 1 of this Article may limit network access in
accordance with the provision referred to in Article 58 of this
Act.
(5) The
Agency’s Council may define, by a decision, the code of conduct and prohibit
certain kind of conduct to the operator referred to in paragraph 1 of this
Article if that operator abuses his significant market
power.
(6) Prior to
passing the decision referred to in paragraph 5 of this Article, the Agency’s
Council shall offer a possibility to the operator referred to in paragraph 1 of
this Article to terminate the determined abuses, about which the operator is
obligated to inform the Agency.
(7) The abuse
referred to in paragraph 6 of this Article shall occur when the service provider
with significant market power provides for himself and for the associated
companies access to internally provided services or services which he provides
on the market under more favourable conditions (prices, interfaces, terms and
others) than those under which those services can be used by other competitor
undertakings within the framework of their provision of services. The existence
of the described abuse may be questioned if the service provider with
significant market power submits to the Agency evidence justifying the
implementation of less favourable conditions, particularly the implementation of
the limitations on access to his services.
Interfaces and
Special Network Access
Article
53
(1) Operators
with significant market power must provide interfaces in accordance with the
principles of the open network access.
(2) If the
operator does not meet the standards, regulations, decisions and recommendations
from Article 17, paragraphs 1 and 2 of this Act, the Agency’s Council shall pass
a decision obligating the operator to meet such standards, regulations,
decisions and recommendations.
(3) Operators
with significant market power must meet the request for a special interface or a
special network access if there are technical possibilities for that and if the
principle of non-discrimination.. The costs incurred from that request shall be
subject to agreement between the operators and the applicant submitting the
request, about which the operator must inform the Agency.
(4) The request
referred to in paragraph 3 of this Article may be refused only if there is an
alternative solution for network access and if it is not within the framework of
the conditions which are required for the realization of that
access.
(5) Before the
refusal of the request referred to in paragraph 3 of this Article, the operator,
from which the network access is requested, must notify the Agency in writing
about the reasons for the refusal of each particular
request.
(6) Operators
with significant market power must inform the Agency and publish in a suitable
way the types of available interfaces, a detailed description of the interface,
and the possible changes which can arise in the period of the next six
months.
(7) The
Agency’s Council may request from the operators referred to in paragraph 1 of
this Article to provide standard interfaces and enable the use of special
interfaces.
(8) The Agency
shall publish the requests referred to in paragraph 7 of this Article in a
suitable way.
Additional
Obligations of Operators with Significant Market Power in Case of Requests for
Access to Network of Service Provider
Article
54
(1) Operators
with significant market power must provide network access to providers of
services by observing the principles of non-discrimination, transparency and
cost orientation, as well as the principle of structural separation and
accounting separation of services of network access to providers of services
from other services they provide.
(2) The
operators referred to in paragraph 1 of this Article must give the necessary
data for network access to the legal person requesting network
access.
(3) The
operators referred to in paragraph 1 of this Article must advise the legal
person, to which network access was granted, about the planned changes of
network access at least six months before the implementation of the planned
changes.
(4) The
operators referred to in paragraph 1 of this Article must, upon request by the
Agency’s Council, make a list of standard offers for access, which shall
constitute an integral part of the list of standard offers for interconnection
referred to in Article 56, paragraph 3 of this Act.
(5) The
provisions referred to in Article 56, paragraphs 3 to 22 of this Act shall apply
to operators referred to in paragraph 1 of this Article.
(6) The price
regulation referred to in Articles 52, 53 and 54 of this Act shall not apply to
the request by virtual mobile network operators.
Minimum
Requirements for Leased Telecommunications Lines
Article
55
(1) Operators
with significant market power, which provide the service of leased
telecommunications lines, shall publish the minimum offer of telecommunications
lines for lease with uniform technical characteristics, and they must determine
general conditions of operation and cost-oriented prices.
(2) The
operators referred to in paragraph 1 of this Article must offer on the market
the service of leased telecommunications lines while observing the principles of
non-discrimination, transparency, objectivity and cost-orientation. The quality
of the service of leased telecommunications lines must be defined within the
offer referred to in paragraph 1 of this Article.
(3) If the
Agency’s Council estimates that the minimum offer referred to in paragraph 1 of
this Article is not in accordance with the principles of non-discrimination,
transparency, objectivity and cost-orientation, that it does not favour
competition and that it is not in accordance with other provisions of this Act
or with the transposed international regulations, it will pass a decision
ordering the operator to change his offer.
(4) The
Agency’s Council may control the prices of services of leased telecommunications
lines, impose the obligation of the cost-orientation of prices and the
obligation of the structural separation and accounting separation, in the case
of absence of the efficient competition on the market, in case the operator
determines excessive prices or determines prices in a manner which restricts
competition.
(5) In the case
referred to in paragraph 4 of this Article, the Agency’s Council shall pass a
decision about the change of prices of leased telecommunications lines, with an
obligatory explanation of the reason for that change.
(6) If there
are technical possibilities, the operators referred to in paragraph 1 of this
Article must connect those lines within the term of 60 days from the date of the
receipt of the request for leasing of telecommunications
lines.
(7) If the
operator referred to in paragraph 1 does not proceed in accordance with the
provision from paragraph 6 of this Article, the Agency’s Council shall pass a
decision ordering him to connect the leased telecommunications
lines.
(8) The
existence of technical possibilities referred to in paragraph 6 of this Article
shall be determined by the Agency’s Council.
Interconnection
Article
56
(1)
Interconnection shall comprise at least these services:
- network
access of the operator with significant market power from the network of another
operator through programmed selection of the network or by dialling codes for
selection in accordance with the numbering plan,
- transfer of
data necessary for establishing the connection with the operator with whose
network the network is interconnected,
- switching of
calls to users of another operator or service provider with which
interconnection is performed,
- providing
data on billing in a suitable form for the operator or the service provider with
whose network the network is interconnected.
(2) The
operators shall provide interconnection upon request, and they are entitled to
request their interconnection.
(3) Operators
for interconnection with significant market power on the relevant market must,
upon request by the Agency’s Council, make a list of standard offers for
interconnection of their networks, and they must submit it to the Agency in
writing within the term stipulated in the request.
(4) After
giving the consent, the Agency’s Council shall publish the standard offers
referred to in paragraph 3 of this Article in a suitable
way.
(5) The list of
standard offers referred to in paragraph 3 of this Article must contain the
detailed data necessary for
interconnection, in order to ensure good quality of services provided to various
groups of users.
(6)
Interconnection operators must inform all contracting parties of interconnection
about the planned changes in the standard list of offers for interconnection at
least six months prior to the implementation of those changes. The Agency shall
publish those changes in a suitable form.
(7) Operators
referred to in paragraph 2 of this Article shall ensure and improve the
communication between users of different telecommunications
networks.
(8) An operator
shall no be obligated to provide interconnection if he submits evidence to the
Agency, showing that the conditions referred to in Article 58 of this Act have
been fulfilled.
(9) If it
accepts the evidence referred to in paragraph 8 of this Article, the Agency’s
Council shall pass a decision about the unfeasibility of interconnection within
the term of 45 days after having received the evidence.
(10) In case
the evidence referred to in paragraph 8 of this Article is not accepted, the
Agency shall pass a decision about introduction of additional technical
solutions for the purpose of providing interconnection.
(11) The
operators shall have the obligation of negotiating in connection with the
requested interconnection. If an interconnection agreement between the operators
cannot be reached within the term of 45 days from the date of filing the request
for interconnection, the operators included in the negotiations about
interconnection may contact the Agency with that request.
(12) In the
case referred to in paragraph 11 of this Article, the Agency’s Council shall,
within the term of 45 days or, exceptionally, within the term of 75 days from
the receipt of the submission, hear the operators of interconnection and pass a
decision about the manner and conditions of interconnection, on the basis of
which the modification of the existing interconnection agreement will be
realized, or a new interconnection agreement concluded.
(13) In the
case of a dispute between the operators concerning interconnection, the
operators and the Agency shall proceed according to provisions referred to in
paragraphs 11 and 12 of this Article.
(14) When
passing the decision referred to in paragraph 12 of this Article, the Agency’s
Council must particularly take into account:
- the interest
of service users,
- the
regulatory obligations or restrictions imposed on any party,
- encouraging
innovative market offers and providing users with a wide range of
telecommunications services at the national level,
- the
availability of technically and commercially viable alternatives to the
requested interconnection,
- ensuring
equal access agreements,
- the need to
maintain the integrity of the public telecommunications network and the
interoperability of services,
- the nature of
the request in relation to resources available to must meet that
request,
- public
interest,
- protection of
the environment and health of people,
- promotion of
competition,
- the need to
maintain universal telecommunications services
(15) The
decision referred to in paragraph 12 of this Article shall be submitted to
interested parties in the dispute, and it shall be published in a suitable
way.
(16) The
interconnection charges of operators with significant market power on the market
of public voice services in the fixed telecommunications network, on the market
of services of leased telecommunications lines and of the operators of the
mobile telecommunications network which are designated as operators with
significant market power on the interconnections market must be in accordance
with the principles of transparency and cost-orientation, and they must be based
on actual costs of the service provided, including also the reasonable rate of
return on investments.
(17) The
Agency’s Council may request from the operators for interconnection a detailed
explanation for interconnection charges, and, in accordance with that
explanation, it can request the change of interconnection charges, if those
charges were not set in accordance with this Act and the regulations passed on
the basis of this Act.
(18) Operators
for interconnection with significant market power must advise the Agency about
the concluded interconnection agreement within the term of 8 days from the date
of its conclusion, and provide to the Agency an insight into the contents of all
the concluded interconnection agreement at any time.
(19) If the
Agency’s Council estimates that the minimum interconnection offer of the
operators with significant market power is not in accordance with the provisions
of this Act, it shall pass a decision determining the manner in which the
operator shall change the offer.
(20) Operators
with significant market power shall, in comparable circumstances, apply the same
conditions and charges to interconnected operators providing the services of the
same type and significance, and shall provide the infrastructure necessary for
interconnection and provide data regarding interconnection to other operators
under the same conditions, charges and quality as they provide for their own
needs or for the needs of their associated companies.
(21) In cases
when operators of public telecommunications networks have not performed
interconnection in accordance with the available technical possibilities, in
case of public interest, the Agency’s Council may pass a decision imposing on
the operators the obligation of interconnecting within a specified
term.
(22) Operators
for interconnection must, without a delay, at the request of the Agency, submit
financial and market data relating to interconnection.
Structural and
Accounting Separation
Article
57
(1) The
operators or service providers with significant market power on the relevant
telecommunications market are prohibited to subsidize the provision of
telecommunications services, or subsidizing between these and other
telecommunications services.
(2) The
operators or service providers with significant market power on the relevant
telecommunications market must separate, with respect to structure and
accounting, business activities in different relevant telecommunications markets
for the purpose of ensuring the transparency of the flow of telecommunications
services and payments between those relevant telecommunications markets on which
they perform their business operations.
(3) A company
with significant market power on the markets which are not telecommunications
markets or which exercises special or exclusive rights in other fields shall be
prohibited to subsidize the prices of its telecommunications services from the
fields in which it has special or exclusive rights. For determining the level of
the prices of services in telecommunications markets of the operator with
significant market power, the principle of cost-orientation must be
applied.
(4) The
operators or providers of services with significant market power on markets
which are not telecommunications markets, or which exercise special or exclusive
rights in other areas, must separate business activities, with respect to the
structure and accounting, in the relevant telecommunications market from their
business activities in markets which are not telecommunications markets, for the
purpose of ensuring the transparency of the flow of telecommunications services
and payments between those fields where they perform their business
activities.
(5) The way of
separating the business activities referred to in Paragraphs 2 and 4 of this
Article, with respect to their organization and accounting, and other details in
connection with that separation shall be determined by a resolution of the
Agency’s Council.
(6) The
Agency’s Council may, ex officio, or at the request of market players, start an
investigation if there is reasonable doubt that it was proceeded contrary to
provisions laid down in this Article, and require that the necessary
documentation from the operator or the service provider be submitted, and pass a
suitable decision on the basis of the results of the performed
investigation.
Restrictions of
Network Access and Interconnection
Article
58
The operator
may restrict the network access and interconnection only due to the following
reasons based on essential requirements:
-security of
operation of the telecommunications network,
- maintenance
of the integrity of the telecommunications network,
-
interoperability of telecommunications services,
- data
protection.
and if that
restriction is in accordance with the provisions of this Act and the regulations
passed on the basis of this Act.
Ordinance on
Network Access and Interconnection
Article
59
(1) More
detailed conditions for network access, including interconnection, shall be
prescribed in accordance with the Ordinance on Network Access and
Interconnection, passed by the Minister,
where the following factors must particularly be taken into
consideration:
- technical and
economic sustainability of using or installing the competitor's equipment,
taking into consideration the nature and type of the applied interconnection and
access,
- the
feasibility of providing the proposed access in relation to the available
capacity,
- the initial
investment of the owner of the equipment, taking into consideration the
investment risk,
- the need for
long-term protection of competition.
(2) The
Ordinance referred to in paragraph 1 of this Article shall also stipulate the
protection of efficient competition, maintenance of a consistent quality of
services, price regulation, and the minimum scope of the offer and
interconnection agreements, the manner and conditions of joint use of the
equipment, the procedures in the case of disputes, and the obligations of the
operator and of the Agency.
Access to
Unbundled Local
Article
60
(1) Operators
of fixed public telephone networks, designated by the Agency’s Council as the
operators with significant market power in providing fixed public telephone
networks and services, such as public voice services, services of transfer of
data, sounds, images and other via telecommunications capacities in the fixed
network, must, upon request of other operators, enable the access to their
unbundled local loop.
(2) Operators
have the obligation to negotiate regarding the request for access to the
unbundled local loop. If an agreement about the access to the unbundled local
loop between the operators cannot be reached within the term of 45 days from the
date of the filing of the request, the operators included in negotiations about
access to the unbundled local loop may contact the Agency with that
request.
(3) The costs
and prices for local loops and the related facilities must be non-discriminating
and objective, and published in a suitable way. The prices must be
cost-oriented, i.e. they must ensure to the provider of the local loop the
coverage of actual expenses, including a reasonable rate of return on the
investment.
(4) Operators
referred to in paragraph 1 of this Article must enable the access to their
unbundled local loop under the same conditions under which they or companies
associated with them use that service.
(5) Operators
referred to in paragraph 1 of this Article must, upon request of the Agency’s
Council, publish and regularly update standard offers for access to their
unbundled local loops and the related facilities in a suitable way. These offers
must contain the conditions of access to the local loop, which particularly
comprises actual costs and the price of that service, which may not include
costs of network elements or equipment which is not necessary to the user for
use of the offered service.
(6) The Agency
shall ensure that competition is stimulated by determining the prices of access
to the unbundled local loop.
(7) If that is
necessary for the purpose of ensuring non-discrimination, stimulating of competition, economic efficiency and
better conditions for users of services, the Agency Council is entitled
to:
- make changes
of the standard offer for unbundled access to the local loop and the related
facilities, including prices,
- require the
operator referred to in paragraph 1 of this Article to supply information about
the offer for unbundled access to the local loop and the related
facilities.
(8) If the
Agency’s Council determines that the local access market is sufficiently
competitive, it shall relieve the operators referred to in paragraph 1 of this
Article of the obligation laid down in this Article for prices to be set on the
basis of cost-orientation.
(9) The
Agency’s Council shall settle the disputes which refer to the access to the
unbundled local loop in accordance with Article 56, paragraph 12 of this
Act.
Regulations on
Access to the Unbundled Local
Article
61
(1) A more
detailed manner and conditions of access to the unbundled local loop shall be
prescribed by an Ordinance passed by the minister.
(2) The
Ordinance referred to in paragraph 1 of this Article also regulate the
protection of the efficient competition, maintaining of the consistent quality
of services, regulation of prices and the minimum extent of the offer and
contract about the access to the unbundled local loop, manner and conditions for
joint use of the equipment, procedures in case of disputes, and the obligations
of the operator and of the Agency.
General
Conditions of Operation
Article
62
(1) Providers
of services shall develop and publish in a suitable way general conditions of
operation, which contain a description and the conditions for the provision of
telecommunications services.
(2) Providers
of services with significant market power must obtain a previous approval of the
Agency’s Council for their general conditions of
operation.
(3) Providers
of services shall submit the general conditions of operation referred to in
paragraph 1 of this Article to the Agency for consideration at least seven days
before their publication.
(4) The
Agency’s Council may, before or after the publication of the general conditions
of operation referred to in paragraph 1 of this Article, decide that individual
provisions from those conditions are to be amended, if that is necessary for the
purpose of protection of users and competition, or for the purpose of settling a
particular dispute.
(5) The
Agency’s Council may temporarily prohibit the provision of individual
telecommunications services if it determines that those services are provided
under conditions which are not in accordance with the general conditions of
operation referred to in paragraph 1 of this Article, submitted to the Agency
for consideration, and order for the determined irregularities to be eliminated
within a suitable term.
(6) The service
provider shall apply the amendments of the general conditions of operation to
the existing users of services 30 days after the publication of those
amendments.
(7) The
mandatory contents and other integral provisions of the general conditions of
operation referred to in paragraph 1 of this Article shall be prescribed by an
ordinance passed by the Minister.
Prices of
Services and their Regulation
Article
63
(1) Providers
of services shall publish the prices of their telecommunications services in the
mass media, and they may also publish them in another suitable
way.
(2) The
principles of the pricing system for telecommunications services, which are
provided only by one service provider in the domestic and international
telecommunications traffic, may be prescribed by an ordinance passed by the
minister.
(3) For the
prices of services provided by the service provider for which the Agency’s
Council has determined that he has significant market power on the market of
public voice servics in the fixed network and on the market of leased
telecommunications lines, it is necessary to obtain a previous approval of the
Agency’s Council. The prices of services shall be based on the principles of
transparency and cost orientation.
(4) The
Agency’s Council shall give the approval for the prices of services referred to
in paragraph 3 of this Article within the term of 15 days from having received
the request for giving the approval if it determines that principles referred to
in paragraph 3 of this Article have been fulfilled.
(5) The user
shall pay for the service according to the service price list. The service price
includes the price of installation, monthly or quarterly access to the
telecommunication system and the price of realised telecommunication
traffic.
(6) In order to
realise economic or promotional objectives, the providers of services may
provide individual telecommunications services also at prices lower than the
prices established by their price-list in accordance with the principle of
non-discrimination. Providers of services are obligated to inform the Agency
about the reasons for introducing the lower prices of telecommunication services
in advance, and they shall publish those prices in accordance with paragraph 1
of this Article.
(7) If it is
necessary to change the prices of services in fixed network for the purpose of
resolving a dispute, the Agency’s Council shall pass a decision ordering
suitable changes of the prices.
(8) The service
provider shall apply the changes of prices to existing users of services 30 days
after the date of publishing those changes.
(9) The prices
of services must be uniform within price areas of different telecommunications
services determined by the operator and/or service provider. The operator shall
not subsidize the prices between particular price areas, which should not have
the advantage due to the structure of prices.
(10) The prices
of services of the same type must be the same for the whole territory of the
(11) The
Agency’s Council may pass a decision about the change of the prices of services
in case of inefficient competition on the market, in case the operator or the
service provider with significant market power on the market of public voice
services in fixed network and on the market of leased telecommunications lines
determines excessive prices or determines prices in a way which prevents
competition.
(12) The Agency
must ensure that the systems of monitoring expenses, which are used by operators
and providers of services with significant market power on the market of public
voice services in fixed network and on the market of leased telecommunications
lines, are suitable for application of the principle of transparency and
cost-orientation in the pricing of telecommunications services. The way of
monitoring of costs shall be determined by a decision passed by the Agency’s
Council.
Ceding of
Telecommunications Infrastructure
Article
64
(1) If the
operator cedes his telecommunications infrastructure or free telecommunications
capacities to another operator, and if that operator later performs
telecommunications services, the costs on which ceding is based must not be
subsidized from the field of the activity with special or exclusive
rights.
(2) The
operator, which cedes his telecommunications infrastructure or free
telecommunications capacities pursuant to paragraph 1 of this Article, must
advise the Agency before the beginning of the provision of telecommunications
services and submit evidence about fulfilment of the obligation referred to in
paragraph 1 of this Article. The Agency’s Council may file a complaint against
the ceding of the telecommunications infrastructure or free telecommunications
capacities within the term of 60 days from the date of the receipt of the
information by the operator, if it deems that subsidizing is in
question.
(3) If a
complaint referred to in paragraph 2 of this Article has been filed, the ceded
telecommunications infrastructure or free capacities for telecommunications
services may be used provided that subsidizing has ceased.
(4) The
complaint referred to in paragraph 2 of this Article shall contain conditions
and requests connected with subsidizing, which should be met retroactively, and
a suitable term in which those conditions and requests must be
met.
(5) The
provisions referred to in Article 22, paragraphs 2, 3 and 4 of this Act shall
apply mutatis mutandis to the joint use of
telecommunications infrastructure and free telecommunications
capacities.
VIII.
ADDRESSING AND NUMBERING
Addressing Plan
and Numbering Plan
Article
65
(1) The
efficient management of the addressing and numbering space in the
(2) The
management of the addressing and numbering space, and planning of the use and
allocation of addresses and numbers shall be under the competence of the Agency
which draws up the Addressing and Numbering Plan, taking into account that the
needs of the operator, service provider and users of services in connection with
allocation of addresses and numbers are fulfilled in a transparent, objective,
equal and impartial way.
(3) The
Addressing and Numbering Plan shall determine the purpose of addresses and
numbers, ensure equal availability of a corresponding number of addresses and
numbers to all the operators, providers of services and users of services, the
necessary space for the introduction of new telecommunications services, for
number portability and carrier selection.
(4) The Agency
may change the Addressing and Numbering plan for the purpose of fulfilling the
obligations arising from international regulations or agreements and for the
purpose of protection of the availability of addresses and numbers, taking into
account the effect of those changes, and particularly direct and indirect costs
of adjustment which the operators, providers of services and users of services
can have in that case.
(5) The Agency
must publish the intention of changing the Addressing plan and Numbering plan,
in a suitable way, at least 60 days before the date of publication of that
change.
(6) The Agency
shall pass and publish the Addressing and Numbering plan, as well as changes of
those plans, with the consent of the Ministry.
(7) The Plans
and changes of Plans referred to in paragraph 6 of this Article shall be
published in the Official Gazette of the
Allocation of
Addresses and Numbers
Article
66
(1) The right
to submit the application for the primary allocation of addresses and numbers,
including geographical numbers, numbers of individual telecommunications
services and national destination codes, and addresses of national and
international signalling points shall belong to the operators and providers of
services.
(2) The
application referred to in paragraph 1 of this Article shall be submitted to the
Agency on a special form in writing, and the Agency may, depending on available
technical capabilities, receive applications
electronically.
(3) On the
basis of the Agency’s decision about the primary allocation of addresses or
numbers, the operators and providers of services shall acquire the right for
their use, pursuant to the conditions referred to in Article 67 of this
Act.
(4) The Agency
shall adopt the application referred to in paragraph 1 of this Article and make
a decision about primary allocation of addresses or
numbers:
1. if the
addresses or numbers are intended by the Addressing or Numbering plan for the
purposes stated in the submitted application,
2. if the
addresses or numbers are available.
(5) The Agency
shall reject the application referred to in paragraph 1 of this Article if it
determines:
1. that the
allocation of addresses or numbers for which the application was submitted is
not in accordance with the Addressing or the Numbering
plan,
2. that the
applicant referred to in paragraph 1 of this Article intentionally proceeded
contrary to the regulations about the allocation of addresses or
numbers,
3. that the
applicant referred to in paragraph 1 of this Article has not paid the prescribed
fee for the use of addresses or numbers within the specified term even after the
receipt of a dunning letter.
(6) The
addresses and numbers which the Agency has allocated by primary allocation in
accordance with the provision of this Article, may be further allocated by the
operators and providers of services by the secondary allocation to users of
their services and to other operators and providers of
services.
(7) For each
available address or number which was allocated to the operator or the provider
of services by primary allocation, fees shall be paid in favour of the Agency,
on the basis of the issued invoice.
(8) The manner
and the procedure of allocating addresses and numbers, revoking of allocated
addresses and numbers, and the transfer of rights to use addresses and numbers,
the format and the contents of the application form referred to in paragraph 1
of this Article, the time limits for dealing with the applications referred to
in paragraph 1 of this Article and Article 71, paragraph 2 of this Act, and the
manner of payment and the amount of the fee for the use of addresses and numbers
shall be prescribed in detail by an ordinance passed by the Minister, during
which the amount of the fee must not disrupt competition.
Conditions of
Use of Addresses and Numbers
Article
67
Operators and
providers of services to which addresses or numbers were allocated by primary
allocation in accordance with Article 66 of this Act must observe the following
conditions of use:
1. they can use
the allocated addresses and numbers for the provision of telecommunications
services only in the territory of the
2. they can use
the allocated addresses and numbers exclusively for purposes stated in the
application for allocation of addresses or numbers,
3. they must
use the allocated addresses and numbers in accordance with the Addressing and
Numbering plan,
4. they must
start with the use of the allocated addresses and numbers within the term of six
months from the date of receiving the decision about allocation of those
addresses and numbers,
5. they must
keep a list of addresses and numbers which were allocated to them by the primary
allocation,
6. they must
keep a list of addresses and numbers which are in use (secondary allocation),
and submit it to the Agency at its request,
7. they must
not trade with allocated addresses and numbers in any way.
Application for
the Allocation of Addresses and Numbers
Article
68
(1) The
application for allocation of addresses and numbers referred to in Article 66,
paragraph 1 of this Act must in particular contain the
following:
1. name and
address of the applicant,
2. type of
telecommunications services for the provision of which the allocation of addresses and the numbers is
requested,
3. evidence
about the right to provide telecommunications service referred to in item 2 of
this paragraph,
4. evidence
about insufficiency of the addresses and numbers which were previously allocated
to the applicant,
5. the
requested addresses and numbers.
(2) The Agency
may, in case of need, a ask the applicant referred to in paragraph 1 of this
Article to provide additional data which it deems important in the procedure of
dealing with the application.
Decision about
Allocation of Addresses and Numbers
Article
69
(1) The
decision about primary allocation of addresses and numbers referred to in
Article 66, Paragraph 3 of this Act must in particular contain the following
data:
1. about the
user of the allocated addresses and numbers,
2. about the
allocated addresses and numbers,
3. about the
conditions of use of the allocated addresses and numbers.
(2) The Agency
may, in a joint procedure of dealing with several applications for the
allocation of addresses and numbers of the same type by a single person
submitting the application referred to in Article 68 of this Act, make a single
decision referred to in paragraph 1 of this Article which includes all the
allocated addresses and numbers.
Revocation of
Allocated Addresses and Numbers
Article
70
(1) The Agency
may decide to completely or partially revoke the allocated addresses and numbers
if it determines the following:
1. that the use
of the allocated addresses and numbers is not in accordance with the Addressing
or Numbering plan;
2. that the
operator or the service provider, to which the addresses and numbers were
allocated, has not started using those addresses and numbers within the term of
six months from the date of the receipt of the decision about the allocation of
the addresses, and numbers;
3. that the
operator or the service provider, to which the addresses and numbers were
allocated, does not proceed in accordance with the conditions of use from the
decision about allocation of those addresses and numbers;
4. that even
after the receipt of the reminder, the prescribed fee for the use of addresses
and numbers was not paid in due time;
5. that the
time for which the concession was granted to the concessionaire of
telecommunications services, to which the addresses and numbers were allocated,
has expired, and that the concession was not renewed in accordance with the
provisions of this Act, or that the concession was revoked or if it was
terminated for reasons provided for in this Act;
6. that the
operator or the service provider, to which the addresses, i.e. numbers were
allocated, ceased to exist, and his legal successor has not submitted an
application to the Agency for the allocation of those addresses and numbers in
accordance with the provisions of this Act;
7. that the use
of the allocated addresses and numbers is contrary to the interests of the
8. that the
operator or the service provider, to which the addresses and numbers were
allocated, has waived the use of the allocated addresses and numbers in
writing;
9. that
considerable changes of the Addressing or Numbering plan are necessary due to
increased needs for addresses and numbers, the international harmonization of
the range of addresses and numbers, or due to the elimination of barriers to
equal and open competition, and after a previously obtained opinion of the
operators or the providers of services to which those changes
refer.
(2) In case of
revocation of the allocated addresses and numbers due to reasons stated in
paragraph 1, item 9 of this Article, the Agency shall simultaneously replace the
revoked addresses and numbers with other addresses and
numbers.
(3) The
decision referred to in paragraph 1 of this Article must contain a suitable time
limit in which the operator or the service provider shall stop using the
addresses and numbers which were revoked by that decision.
Transfer of
Right to Use Addresses and Numbers
Article
71
(1) The
operator or the service provider to which the addresses and numbers were
allocated by the primary allocation in accordance with Article 66 of this Act
may transfer the right for using those addresses and numbers to another operator
or service provider, with a previously obtained approval from the
Agency.
(2) The request
for granting the approval for transfer of the right for using the addresses and
numbers shall be submitted to the Agency in writing by both operators or
providers of services referred to in paragraph 1 of this
Article.
(3) The Agency
shall grant the approval referred to in paragraph 1 of this Article if the
operator or the service provider, to whom the right for using the addresses and
numbers is to be transferred, meets all the conditions for primary allocation
and use of those addresses and numbers stipulated by the provisions of this
Act.
(4) The
transfer of the right for use of the addresses and numbers which are used for
providing public telecommunications services for which the concession is
necessary on the basis of this Act shall be allowed only under the condition of
the simultaneous transfer of the concession in accordance with the provisions of
this Act.
Number
Portability and Carrier Selection
Article
72
(1) The
operators and providers of services must enable the users of their services to,
upon request, keep the number which was allocated to them in the
telecommunications network regardless of the change of the operator or service
provider.
(2) The
obligation to enable number portability referred to in paragraph 1 of this
Article shall not refer to:
1. the
possibility of keeping the number in the case of change of the geographic
location of the user of services,
2. the transfer
of numbers between fixed and mobile telecommunications
networks.
(3) The
operators and providers of services with significant market power on the market
of public voice services in the fixed network must enable a free carrier
selection and carrier preselection. to users of their
services.
(4) The Agency
may, for justified technical reasons, postpone the implementation of obligations
referred to in paragraphs 1 and 3 of this Article, if that does not disrupt
competition and does not harm the interests of users of public
telecommunications services.
(5) The
schedule and dynamics of introducing number portability and carrier preselection
in the
Single European
Emergency Call Number
Article
73
(1) The
dialling code 112 shall be introduced into public telecommunications networks in
the whole territory of the
(2) The Single
European emergency call number shall be introduced in parallel with the existing
dialling codes for emergency services.
(3) The
operators and providers of services shall be responsible for correct proceeding
with calls made towards the Single European emergency call number, in accordance
with the prescribed organization of the existing emergency services and within
the technical possibilities of their telecommunications
systems.
(4) The manner,
conditions and the schedule for the introduction of the Single European
emergency call number may be prescribed in greater detail by an ordinance passed
by the minister.
Management of
the National Internet Domain
Article
74
(1) A legal
person owned by the
(2) The
organization of the national domain of the Republic of Croatia, mutual
relationships, rights and obligations of the legal person referred to in
paragraph 1 of this Article and users of subdomains within the national domain,
as well as third interested parties, and the principles of managing the national
domain shall be prescribed by an ordinance passed by the minister competent for
information technology with the approval from the
Minister.
IX. MANAGEMENT
OF THE RADIO FREQUENCY SPECTRUM
Principles of
Management of the Radio Frequency Spectrum
Article
75
(1) The
management of the radio frequency spectrum, as a limited natural resource, is of
interest for the
(2) The Agency
shall manage the radio frequency spectrum and plan the use of the geostationary
and other satellite orbits in accordance with the Constitution, Convention and
Radio Regulations of ITU, and the provisions of this Act and the regulations
passed on the basis of this Act.
(3) For the
purpose of efficient and economical management of the radio frequency spectrum,
which is based on the state of the art achievements of technological development
in the field of telecommunications and the information technology, the Agency
shall establish a data base of the radio frequency
spectrum.
Radio Frequency
Spectrum Allocation Table
Article
76
(1) The Radio
frequency Spectrum Allocation Table shall be an integral part of the Ordinance
on Radio Frequency Spectrum Allocation, which is passed by the
Minister.
(2) The
allocation and the use of radio frequencies shall be harmonized at the national
and international level, and it is based on the Radio Frequency Spectrum
Allocation Table from paragraph 1 of this Article.
(3) The Radio
Frequency Spectrum Allocation Table referred to in paragraph 1 of this Article
shall prescribe the intended use of radio frequency bands for particular
radiocommunication services, and the conditions of allocation and use of radio
frequencies.
Radio Frequency
Allocation Plans
Article
77
(1) The Agency
shall make the Radio Frequency Allocation Plans in accordance with the Ordinance
on Radio Frequency Spectrum Allocation referred to in Article 76, paragraph 1 of
this Act and, every six months, it shall publish, in a suitable way, the updated
review of the use of radio frequencies according to the area organization of the
(2) The Radio
Frequency Allocation Plans referred to in paragraph 1 of this Article shall
regulate in detail the allocation, the conditions of allocation and the use of
radio frequencies within particular radiocommunications services determined by
the Ordinance on Radio Frequency Spectrum Allocation referred to in Article 76,
paragraph 1 of this Act.
(3) The Agency
shall submit to the Council for Electronic Media the part of the Radio Frequency
Allocation Plans which refers to the frequency bands of broadcasting services
within the term referred to in paragraph 1 of this
Article.
(4) Within the
Radio Frequency Allocation Plan, the Agency shall separately plan frequencies
for the needs of the Croatian Radio Television.
Maritime and
Aeronautical Radiocommunications and
Radiocommunications
in Inland Navigation
Article
78
(1) Maritime
and aeronautical radiocommunications, and radiocommunications in inland
navigation, which serve for the purpose of security of human lives at sea, in
the air and on inland waterways, must be specially protected against possible
sources of harmful interference.
(2) The
conditions of allocation and using of radio frequencies for the maritime and
aeronautical radiocommunications services, and the radiocommunications service
in inland navigation shall be prescribed by an ordinance passed by the
Minister.
Amateur
Radiocommunications
Article
79
(1) Amateur
radiocommunications are of special importance for the development of general
technical and radiocommunications culture, for stimulation of the development
and research in radiocommunications, and for communications in cases of
emergency, at the time of the state of war or immediate threats to independence
and integrity of the state, as well as in the case of large natural
disasters.
(2) The
conditions of allocation and use of radio frequencies for the needs of amateur
radiocommunications, technical conditions for amateur radio equipment, levels of
interference and measures for protection against interference, radio amateur
classes and taking of the exams according to a harmonized examination program
shall be prescribed by an ordinance passed by the
Minister.
Radiocommunications
in
Article
80
(1) The Agency
shall issue a general license for the use of the frequency range intended to
citizens (CB),
(2) The
conditions of allocation and use of radio frequencies intended for citizens (CB)
shall be prescribed by an ordinance passed by the
Minister.
Radiocommunications
in
Article
81
(1) During the
development of the plans for allocation of radio frequencies intended for
rofessional mobile ratio (PMR), the Agency must take into account efficient and
rational se of limited frequency ranges in such a way that the advantage in
granting of radio requencies is given to networks of the professional mobile
radio with several users.
(2) The Agency
shall issue licenses for radio stations in the frequency range referred to in
paragraph 1 of this Article.
Satellite
Radiocommunications
Article
82
(1) The
Ministry is competent for the implementation of provisions of international
contracts, greements and operational agreements with international organizations
competent for atellite radiocommunications (INTELSAT, INMARSAT, EUTELSAT,
etc).
(2) The
Ministry may authorize the Agency or another legal person for the performance of
expert tasks in connection with the implementation of provisions referred to in
paragraph 1 of this
Article.
(3) The tasks
of international harmonisation of the use of radio frequencies for the needs of
satellite radiocommunications shall be performed by the
Agency.
Control of the
Radio Frequency Spectrum
Article
83
(1) In order to
harmonise the use of radio frequencies in the national and international level,
for the purpose of conducting control and measurements in the radio frequency
spectrum, and in order to undertake prescribed measures for the protection from
interference and harmful interference, the system of control-measurement centres
and control-measurement stations was established within the Agency with the
necessary measuring, computer and communications equipment and measuring
vehicles.
(2) The
organization and the way of operation of the system of centres and stations
referred to in paragraph 1 of this Article shall be determined by the Agency
by-laws.
Conditions of
Radio Frequency Allocation
Article
84
(1) The Agency
shall assign radio frequencies in the following ways:
1. by issuing
the license for the use of radio frequencies;
2. by issuing
the license for a radio station;
3. by issuing a
general license.
(2) The
allocation of radio frequencies must be based on:
1. the
principle of non-discrimination;
2. the
Ordinance on Radio Frequency Spectrum Allocation and the Radio Frequency
Allocation Plans.
(3) The manner,
procedure and conditions of allocation of radio frequencies, and the layout and
the contents of the forms of relevant applications, licenses and general
licenses shall be prescribed by an ordinance passed by the
Minister.
License for Use
of Radio Frequencies
Article
85
(1) The license
for the use of radio frequencies shall be issued to the legal person who was
granted the concession for frequency for the provision of public
telecommunications services in the mobile telecommunications network with the
use of the radio frequency spectrum in accordance with Article 24 of this
Act.
(2) The license
for the use of radio frequencies shall be issued simultaneously with the
decision on granting the concession referred to in paragraph 1 of this
Article.
(3) The
concessionaire of public telecommunications services referred to in paragraph 1
of this Article must report to the Agency the geographic location and technical
data for each installed radio station in its mobile telecommunications network
within the term of 8 days from the date of installing that radio
station.
(4) The
concessionaire shall, upon request of the inspector of telecommunications or an
authorized employee of the Agency, submit the corresponding data about radio
measurements performed in his mobile telecommunications network, as well as
technical data about basic stations in that network.
License for
Radio Station
Article
86
(1) On the
basis of the submitted request, the Agency shall issue a license for each
individual radio station, except for radio stations for which the license for
the use of radio frequencies from Article 85 of this Act is issued, and for
radio stations for which a general license referred to in Article 87 of this Act
is issued, if the following conditions are fulfilled:
1. if the radio
frequency is stated in the Radio Frequency Allocation
Plans,
2. if the radio
frequency is available,
3. if the radio
frequency is harmonised with other radio frequencies.
(2) The layout
and the contents of the request for issuing the license for a radio station and
the relevant technical documentation, which must be enclosed to that request,
shall be prescribed by the Ordinance referred to in Article 84, paragraph 3 of
this Act.
(3) The Agency
shall issue a license for a radio station within the term of 30 days from the
day of the receipt of the request referred to in paragraph 1 of this
Article.
(4) By way of
derogation from the provision referred to in paragraph 3 of this Article, the
term for issuing the license for a
radio station may be prolonged to 60 days from the date of the receipt of the
request in the following cases:
1. if the
request for issuing the license for a radio station is
incomplete,
2. if the
Agency, or a legal person authorized by the Agency’s Council, must perform
specific radio measurements and other tests for the purpose of determining
technical, geographical and other conditions for an efficient and undisturbed
use of the radio-frequency ,
3. if the
Agency must perform international harmonisation of the use of radio
frequencies
(5) The Agency
shall reject the request referred to in paragraph 1 of this Article if it
determines:
1. that the
allocation of the radio frequency, for which the request was submitted, is not
in accordance with the Radio Frequency Allocation Plans,
2. that the
efficient use of the radio frequency spectrum or operation of other
telecommunications equipment would be prevented by allocation of the radio
frequency.
(6) Before
being put into service, radio stations referred to in paragraph 1 of this
Article shall be subject to technical inspection performed by the Agency, or the
legal person authorized by the Agency’s Council, in accordance with the
ordinance referred to in Article 30, paragraph 1 of this
Act.
(7) A single
license shall be issued for all radio stations on a single vessel and aircraft,
and for all radio stations which are used by a radio amateur or a radio-amateur
club, and for all the radio stations in a single microwave
link.
(8) By way of
derogation, the Agency may, on the basis of a submitted request, issue a
temporary license referred to in paragraph 1 of this Article for the
establishment and use of a radio station or a radio system for the purpose of
market or technical testing, research or design for a period of six months at
the most if the conditions referred to in paragraph 1 of this Article have been
fulfilled. After the expiry of that deadline, the radio station or the radio
system may be used exclusively under the conditions prescribed by this
Act.
General
License
Article
87
(1) For the
radio station, for which there is a relevant CEPT decision on the exemption from
issuing of an individual license for a radio station, the Agency shall issue a
general license in accordance with Ordinance referred to in Article 84,
paragraph 3 of this Act.
(2) Once a
month, the Agency shall publish, in a suitable way, a list of radio stations
holding a general license where the radio stations which must be registered with
the Agency are singled out and accompanied with the data about the user and the
location of the radio stations.
(3) The person
responsible for putting a radio station referred to in paragraph 1 of this
Article on the market is obligated to issue a copy of the related general
license during the sale of that radio station.
Limitations of
Use of Radio Frequencies
Article
88
(1) The use of
a radio frequency may be limited in time, or the right of using a radio
frequency may be denied, or the conditions of use can be changed, or the already
allocated radio frequency may be changed when it is necessary for the purpose of
harmonisation of the use of radio frequencies at the international level, for a
more efficient use of the radio frequency spectrum, and because of the
appearance of harmful interferences, during which undisturbed operation of
microwave links of interest for the Republic of Croatia should be taken into
account.
(2) The manner
and conditions under which the use of a radio frequency may be limited in time,
or the right of using a radio frequency may be denied, or the conditions of use
may be changed, or the already allocated radio frequency may be changed, shall
be prescribed by the regulation of the Government of the Republic of Croatia
upon proposal by the Minister and with the previously obtained opinion by the
Agency’s Council.
(3) The
limitations referred to in paragraph 1 of this Article shall not refer to radio
frequencies which are used for the needs of the air traffic safety service, the
safety service of sailing at sea and inland waterways, the safety service of
railway and road traffic, fire fighting services, surveillance and alarming
service, hydro graphic service, hydro meteorological service and emergency
medical service.
(4) In the case
of a change of the allocated radio frequency due to reasons stated in paragraph
1 of this Article, the Agency shall replace the revoked radio frequency with
another radio frequency during which special account should be taken of the
costs of the change for the user of the radio frequency.
Validity of a
License for a Radio Station and a License for the Use of Radio
Frequencies
Article
89
(1) The
validity of the license for a radio station referred to in Article 86 of this
Act may not be longer than 10 years, and it shall be determined according to the
intended use of the radio station and start with the date of issue of the
license for the radio station.
(2) The license
for a radio station on a vessel or an aircraft shall be valid until the
termination of the use of the vessel or the aircraft.
(3) The
validity of the license for a radio station may be extended in accordance with
the Ordinance referred to in Article 84, paragraph 3 of this
Act.
(4) The license
for the use of radio frequencies referred to in Article 85 of this Acts hall be
issued for the period for which the related concession for frequency for
providing public telecommunications services in the mobile telecommunications
network with the use of a radio frequency spectrum was
granted.
Extension of
Validity of the License for a Radio Station
Article
90
(1) Upon
request by the user of a radio station, the Agency may extend the validity of
the license for a radio station referred to in Article 86 of this
Act.
(2) The request
for the extension of the validity of the license for the radio station referred
to in paragraph 1 of this Article shall be submitted to the Agency in writing,
at least 30 days before the expiry of the validity of the license for a radio
station.
Termination of
Validity of License for a Radio Station
and License for
the Use of Radio Frequencies
Article
91
(1) The Agency
shall pass a decision about the termination of the validity of a license for a
radio station and a license for the use of radio frequencies in the following
cases:
1. if the
validity stated in the license has expired,
2. if the user
of a radio station has not paid the prescribed fee for the use of radio
frequencies within the specified term even after the receipt of a dunning
letter,
3. if use a
radio station has been prohibited,
4. in case of
alienation or depreciation of the radio station due to its
age,
5. when the
user cancels the use of a radio station to the Agency in
writing,
6. when the
time for which the concession was granted expires for the user of the radio
station performing telecommunications services on the basis of the concession,
or when the concession is revoked.
(2) When the
validity of the license for a radio station or of the license for the use of
radio frequencies expires, the owner or the user of the radio station, or his
successor or legal successor, must with no delay undertake efficient measures by
which further operation of that radio station is made impossible, and must
inform the Agency about the undertaken measures in writing within eight days
from the date of the expiry of the validity of the
license.
Identification
of Radio Stations
Article
92
(1) During
broadcasting, radio stations must be identified in accordance with an ordinance
passed by the Minister.
(2) The
obligation of identification of radio stations referred to in paragraph 1 of
this Article shall not refer to radio stations in the route of microwave links,
to radio stations in public mobile telecommunications networks, to terrestrial
satellite stations, to radio stations which automatically broadcast a specific
warning signal, and to other radio stations in accordance with the ordinance
referred to in paragraph 1 of this Article.
Confidentiality
of Radiocommunications
Article
93
(1) The owner
or the user of the radio station shall be prohibited to:
1. find out,
use, publish or communicate to others without authorization the contents of a
radio message which was not intended for the public,
2. to transfer
in an uncoded form radio messages which have the character of
confidentiality,
3. to transfer
false and wrong signals and communications, particularly if they refer to
danger, emergency, safety or identification,
4. to transfer
signals and communications which do not refer to his
activity,
5. to receive
signals and communications which are not intended for him and are not for
general reception.
(2) The receipt
of a message, signal or communication in the form of radio interference shall
not be considered as an infringement of the confidentiality of
radiocommunications or communications referred to in paragraph 1 of this
Article, providing that the Agency is immediately advised about such reception
in writing, for the purpose of determining the
interference.
Use of Radio
Station in Case of Emergency
Article
94
(1) The signals
of danger, calls, messages and communications which are broadcast in case of
emergency for a vessel or for an aircraft or in case of natural disasters or
during saving of human lives shall have the priority in transfer via all radio
stations.
(2) In the
cases referred to in paragraph 1 of this Article, other frequencies, except for
the allocated radio frequencies and established conditions for radio stations,
shall be allowed for use and operation in the most suitable
way.
(3) The owner
or the user of the radio station which receives the signals of emergency
referred to in paragraph 1 of this Article must immediately stop the operation,
respond to the call and put his radio station at disposal.
Radio Stations
of Armed Forces of the
Police and
Security Services of the
Article
95
(1) The Armed
Forces of the Republic of Croatia, the police and security services of the
Republic of Croatia must, during the construction and use of their own
radiocommunications, observe the provisions of this Act and the regulations
passed on the basis of this Act which refer to the use of the radio frequency
spectrum, the types of broadcasts and strength of radiation of electromagnetic
fields, and undertake efficient measures for the prevention and elimination of
harmful interferences, and provide assistance in case of
danger.
(2) When a
radio station of the Armed Forces of the
(3) The
conditions for installing, using, maintaining and control of broadcasts, and the
supervision of radio stations of the Armed Forces of the Republic of Croatia,
the police and security services of the Republic of Croatia, the conditions for
determining and eliminating harmful interference between those and other radio
stations, as well as the way of cooperation with the Agency shall be prescribed
by an ordinance passed by the Minister, with the approval of the minister
responsible for defence, the minister responsible for home affairs and the heads
of security services of the Republic of Croatia.
Fee for the
Allocation and Use of Radio Frequencies
Article
96
(1) Pursuant to
the Ordinance on Payment of the Fee for the Allocation and Use of Radio
Frequencies, passed by the Minister, a fee shall be paid for the allocation and
use of radio frequencies.
(2) The fee
referred to in paragraph 1 of this Article shall be paid to the Agency's
account.
X. RADIO
EQUIPMENT AND TELECOMMUNICATIONS
TERMINAL
EQUIPMENT
Radio Equipment
and Telecommunications Terminal Equipment
Article
97
(1) Radio
equipment and telecommunications terminal equipment (hereinafter: R&TT
equipment) may be freely imported, placed on the market, put into service and
used in the Republic of Croatia if it meets the conditions determined by this
Act and regulations passed on the basis of this Act.
(2) The
provision referred to in paragraph 1 of this Article shall also refer to medical
devices and active medical implants which use radio waves for their operation,
as well as to integral parts or complete devices in
vehicles.
(3) The
provisions referred to in Articles 97 to 100 of this Act shall not apply to the
R&TT equipment used by radio-amateurs, except for the radio-amateur
equipment which is available on the market, to radio and television receivers
intended only for reception of radio and television programs, to the R&TT
equipment intended for maritime and aeronautical service which meets special
conditions, and to the R&TT equipment which is used exclusively for the
needs of Armed Forces of the Republic of Croatia, police and security services
of the Republic of Croatia.
(4) The
Agency’s approval must be obtained for import and placing on the market of the
R&TT equipment, except for the equipment referred to in paragraph 3 of this
Article. The import and placing on the market of the R&TT equipment may be
performed by legal and natural persons registered for that
activity.
(5) For
repeated import and placing on the market of the R&TT equipment of the same
manufacturer and with the same technical characteristics, for which the approval
referred to in paragraph 4 of this Article was obtained during the first import,
a new approval shall not be necessary.
(6) The Agency
shall publish, in the appropriate manner, the list of the R&TT equipment
referred to in paragraph 4 of this Article, for which the prescribed approval
was issued.
Framework
Principles and Essential Requirements for R&TT
Equipment
Article
98
(1) The
conditions of placing on the market, putting into service and use of the
R&TT equipment shall be described in greater detail in an ordinance passed
by the Minister.
(2) The
ordinance referred to in paragraph 1 of this Article shall contain in particular
the list of Croatian standards, European harmonized standards and other
international standards necessary for conformity assessment of the R&TT
equipment to the essential requirements referred to in paragraph 3 of this
Article, the manner and procedures of conformity assessment and testing of the
R&TT equipment, the manner and procedures of authorizing bodies in the
system of conformity assessment of the R&TT equipment, and designations and
the way of marking of the R&TT equipment.
(3) R&TT
equipment must meet the following essential requirements:
1. the
requirements of safety and protection of health of people from the effect of
electromagnetic fields,
2. the
requirements with respect to electromagnetic compatibility
(EMC),
3. the
requirements which enable an efficient use of the radio frequency
spectrum,
4. other
requirements, such as the requirements which refer to the protection of
telecommunications networks from possible damages, to the possibility of
operation via the telecommunications network, and to the protection of privacy,
to access of disabled persons or other special needs, and to states of
emergency.
Placing
R&TT Equipment on the Market
Article
99
(1) The person
responsible for placing the R&TT equipment on the market shall give to the
user operating instructions and technical characteristics of that equipment when
selling the equipment together with the declaration of conformity to essential
requirements referred to in Article 98, paragraph 3 of this Act, which must also
contain a photocopy of the original declaration.
(2) In the case
of radio equipment using frequency bands whose use is not harmonised throughout
the Community, or is not in conformity with the Ordinance on Radio Frequency
Spectrum Allocation, the manufacturer of the R&TT equipment or the person
responsible for placing the equipment on the market shall notify the Agency at
least 30 days before placing the equipment on the market.
(3) The Agency
shall inform the person who submitted the information referred to in paragraph 2
of this Article, within a suitable term, about the possibility of putting the
R&TT equipment into service.
Putting into
Service and Right to Connect
Article
100
(1) The
R&TT equipment may be put into service in accordance with the provisions
referred to in Article 17, paragraphs 2 and 3 of this Act.
(2) Putting
into service the R&TT equipment, which meets the conditions for placing on
the market referred to in Articles 97, 98 and 99 of this Act, may be restricted
if that R&TT equipment causes harmful interferences or is harmful for the
health of people, or if it does not permit efficient use of the radio frequency
spectrum.
(3) If it is
determined that the R&TT equipment, which has the prescribed declaration of
conformity to essential requirements referred to in Article 98, paragraph 3 of
this Act, causes serious damages of the telecommunications or radio network or
harmful interference or interference in the functioning of that network, the
operator shall be entitled to refuse to connect that R&TT equipment to its
network, to disconnect the R&TT equipment already connected or withdraw it
from service. The operator shall immediately inform the Agency about the
undertaken measures in writing.
(4) The
R&TT equipment which, for any reason, does not meet the essential
requirements referred to in Article 98, paragraph 3 of this Act, may be publicly
exhibited and represented in the territory of the Republic of Croatia, with a
clearly and evidently displayed designation that the use of such R&TT
equipment is not allowed in the Republic of Croatia.
Limitation of
Strength of Electromagnetic Fields
Article
101
(1) The
R&TT equipment, which is imported, placed on the market, put into service
and used in the
(2) The limit
values of the electromagnetic field referred to in paragraph 1 of this Article,
the limit values of the radiation power of fixed radio stations, reference
regulations and standards on limiting of the strength of electromagnetic fields
of radio frequencies, and other conditions which must be met by the R&TT
equipment as a source of electromagnetic radiation of radio frequencies, shall
be prescribed by an ordinance passed by the Minister.
(3) The
calculation and measurement of values of electromagnetic fields, which are
created by the R&TT equipment and radio stations, shall be performed by the
Agency or a legal person authorized by the Agency’s
Council.
XI.
ELECTROMAGNETIC COMPATIBILITY (EMC)
AND PROTECTION
FROM DISTURBANCE
Electromagnetic
Compatibility (EMC)
Article
102
(1) Electrical
and other technical equipment must not create electromagnetic disturbance in the
functioning of telecommunications, the R&TT equipment or radio stations, or
in the reception of radio and television programs.
(2) Electrical
and other technical equipment which is produced, imported, placed on the market
and used in the
(3) The
Ordinance referred to in paragraph 2 of this Article shall contain in particular
a list of Croatian standards and European standards which must be met by
electrical and other technical equipment, the way and procedures of conformity
assessment of that equipment with the requirements of electromagnetic
compatibility (EMC), the procedure of recognizing foreign certificates on the
electromagnetic compatibility (EMC), the manner and procedures of authorizing
bodies within the system of conformity assessment, and the designations and the
manner of marking electrical and other technical equipment.
Detection of
Sources of Disturbance
Article
103
(1) The
detection of sources of disturbance and undertaking measures for their
elimination shall be performed by:
1. the
operators and service providers – for disturbance in their telecommunications
system,
2. the owner of
the radio network – for broadcasting of radio and/or television programmes, for
disturbance in its radio network,
3. the Agency –
for disturbance in radiocommunications beyond systems and networks stated in
items 1 and 2 of this paragraph.
(2)
Measurements and tests for the purpose of detection of disturbance referred to
in paragraph 1 of this Article and Article 102, paragraph 1 of this Act, upon
request by the operator, service provider or owner or users of the radio network
or radio station, shall be performed by the Agency or a legal person authorized
by the Agency’s Council.
Elimination of
Disturbance
Article
104
(1) The owners
or users of the electrical and other technical equipment or radio stations
shallenable authorized persons within legal persons referred to in Article 103
of this Act to perform the inspection and necessary measurements and tests for
the purpose of detecting the source of disturbance, provide data and enable
insight into the documentation necessary for performing the inspections,
measurements and tests.
(2) If it is
detected by the inspection referred to in paragraph 1 of this Article that
electrical and other technical equipment or a radio station causes disturbance
beyond the level allowed by law, the legal persons referred to in Article 103 of
this Act shall request from the owner or the user of that equipment or a radio
station to eliminate the detected disturbance within the specified term, which
cannot be longer than 30 days, and to inform the Agency about
that.
(3) If the
owner or the user of the electrical and other technical equipment or a radio
station, which causes disturbance referred to in paragraph 2 of this Article,
does not eliminate the detected interference in the stipulated term, the legal
person referred to in Article 103 of this Act, which detected the source of
interference, will propose to the inspector of telecommunications that
prescribed administrative measures be undertaken.
(4) The
activities of measuring, testing and eliminating disturbance, caused by
electrical and other technical equipment or radio stations of the Armed Forces
of the Republic of Croatia, police or security services of the Republic of
Croatia, shall be performed by the authorized persons of those services at the
request and with the participation of inspectors of telecommunications and an
authorized employee of the Agency.
XII. DATA
PROTECTION
Article
105
(1) The
provider of public telecommunications services must undertake appropriate
technical and organizational measures to safeguard the security of his
telecommunications services, and, together with the operator, the necessary
measures to safeguard the security of the telecommunications network. The
undertaken measures shall ensure the level of security corresponding to the
existing level of danger for security of network, taking into consideration all
available technical and technological solutions and costs of those
measures.
(2) In the case
of a special danger for security of the telecommunications network, the provider
of public telecommunications services must inform the users of his services
about the existence of such danger. Where the danger lies beyond the scope of
measures to be taken by the service provider, the service provider must inform
the users of his services about possible measures for elimination of the danger
and/or its consequences, including an indication of the likely costs
involved.
(3) The
provider of public telecommunications services shall designate a responsible
person for the implementation of measures from this
Article.
Confidentiality
of Telecommunications Communications
Article
106
(1) For the
purpose of ensuring the confidentiality of telecommunications communications in
the public telecommunications network and in the provision of public
telecommunications services and the related telecommunications traffic data,
listening, wiretapping, storage and any form of interception or surveillance of
telecommunications communications and the related telecommunications traffic
data shall be prohibited.
(2) The
prohibition referred to in paragraph 1 of this Article shall not apply in case
of consent of the user of services or a request based on a special
law.
(3) Provisions
referred to in paragraphs 1 and 2 of this Article shall not apply to legally
authorized recording of communications and the related traffic data carried out
during lawful business operations for the purpose of providing evidence about
commercial transactions or other business communication.
(4) The use of
public telecommunications networks for storage of information or for access to
information stored in the terminal telecommunications equipment of the user of
services shall be permitted only on condition that those users of services have
been provided with clear and comprehensive information about the purpose of
processing, and that they have the possibility to refuse such processing by the
data controller. This shall not prevent technical storage or access exclusively
for the purpose of carrying out or facilitating the transmission of
telecommunications communications over a public telecommunications network or,
if that is necessary for the provision of public telecommunications services
explicitly requested by users of services.
Telecommunications
Traffic Data
Article
107
(1)
Telecommunications traffic data relating to users of services, which were
processed and stored by operators and providers of public telecommunications
services, must be deleted or made anonymous when they are no longer necessary
for the purpose of transmission of telecommunications communications, except in
the cases referred to in paragraphs 2, 3 and 5 of this
Article.
(2)
Telecommunications traffic data, which are necessary for the billing of
telecommunications services of users of services and the costs of
interconnection, may be processed only after the limitation period in accordance
with special regulations.
(3) For the
purpose of marketing public telecommunications services or value added services,
the provider of public telecommunications services may process the data referred
to in paragraph 1 of this Article, to the extent and for the duration necessary
for the marketing and processing of those services, if the user of services to
which the data relate has given his consent. Users of services may withhold or
at any time withdraw their consent for processing of telecommunications traffic
data.
(4) Prior to
obtaining the consent by the user of services for the use of data for the
purposes from paragraph 3 of this Article, the provider of public
telecommunications services must inform that user of services about the types of
data in the telecommunications traffic, which are processed, and about the
duration of such processing in the case referred to in paragraph 2 of this
Article.
(5) The access
to processing of telecommunications traffic data in accordance with the
provisions of this Article shall be allowed exclusively to personnel of the
operator and the provider of public telecommunications services handling
billing, telecommunications traffic management, complaints from users of
services, fraud detection in telecommunications, marketing of public
telecommunications services and value added services. That access must be
restricted to the most necessary activities regarding those
operations.
(6) The
provisions referred to in paragraphs 1, 2, 3 and 5 of this Article shall not
apply to informing the Ministry, the Agency and other competent state bodies, as
well as to the obligation of collecting telecommunications traffic data within
the secret surveillance of telecommunications services and the national and
international telecommunications traffic, in accordance with special laws
regulating the field of national security.
Presentation
and Restriction of Calling and Connected Line
Identification
Article
108
(1) The
provider of public telecommunications services offering the possibility of
calling line identification, must offer the calling user the possibility, using
a simple means and free of charge, of preventing the presentation of the calling
line identification on a per-call basis..
(2) The
provider of public telecommunications services offering the possibility of
calling line identification must offer the
called subscriber the possibility, using a simple means and free of charge for
reasonable use of this function, of preventing the presentation of the calling
line identification of incoming calls.
(3) The
provider of public telecommunications services offering the possibility of
calling line identification, where the calling line identification is presented
prior to the call being established, the service provider must offer the called
subscriber the possibility, using a simple means, of rejecting incoming calls
where the presentation of the calling line identification has been prevented by
the calling user or subscriber.
(4) The
provider of public telecommunications services offering the possibility of
connected line identification must offer the called subscriber the possibility,
using a simple means and free of charge, of preventing the presentation of the
connected line identification to the calling user.
Location Data
other than Telecommunications Traffic Data
Article
109
(1) Location
data other than telecommunications traffic data relating to users or subscribers
of public telecommunications networks or public telecommunications services, may
be processed only when they are made anonymous or with the consent of the user
or subscriber to the extent and for the duration necessary for the provision of
the value added service. The service provider must inform the users or
subscribers, prior to obtaining their consent, about the type of the location
data other than telecommunications traffic data, which will be processed, and
about the type and the duration of processing, as well as about whether those
data will be submitted to a third party for the purpose of providing the value
added service. The users or subscribers shall be given a possibility to withdraw
their consent for processing of location data other than telecommunications
traffic data at any time.
(2) Where the
consent of the users or subscribers for processing of location data other than
telecommunications traffic data has been obtained, the user or subscriber must
keep the possibility of a simple and free of charge way of temporarily refusing
the processing of those data for each connection to the telecommunications
network or for each transmission of a telecommunications
communication.
(3) The
processing of location data other than telecommunications traffic data in
accordance with provisions referred to in paragraphs 1 and 2 of this Article
shall be allowed exclusively to personnel of the operator and the provider of
public telecommunications services, or to a third party providing value added
services, and it must be restricted to what is necessary for the purposes of
providing the value added service.
Exceptions to
Calling Line Identification
Article
110
The operator
and the provider of public telecommunications services
may:
1. Temporarily
prevent the display of the calling number, upon application of the subscriber
requesting that malicious or disturbing calls be traced. In that case, the
operator and the provider of public telecommunications services shall store and
make available the data containing the identification of the calling subscriber,
in accordance with a special law,
2. Prevent the
calling line identification and the temporary denial or absence of consent of a
subscriber or user for the processing of location data
for calling
numbers according to a written request by competent state bodies and emergency
services. The list of competent state bodies and emergency services and their
dialling codes is published by the Ministry in the Official Gazette of the
Unsolicited
Telecommunications
Communications
Article
111
(1) The use of
calling systems with and without human mediation, facsimile machines or
electronic mail for the purpose of direct marketing shall be allowed only with
the prior consent of the user of services.
(2) The
application of technical systems for obtaining the consent referred to in
paragraph 1 of this Article shall be considered direct marketing and shall not
be allowed.
(3) A natural
or legal person – a salesman may use the data about electronic addresses
obtained from his consumers for the purpose of selling products and services for
direct marketing only of its own similar products or services provided that
customers clearly and distinctly are given the opportunity to object, free of
charge and in an easy manner, to such use of electronic contact details when
they are collected and on the occasion of each message in case the customer has
not initially refused such use..
(4) The
practice of sending electronic mail for purposes of direct marketing disguising
or concealing the identity of the sender on whose behalf the communication is
made, or without a valid address to which the recipient may send a request that
such communications cease, shall be prohibited.
(5) The
provisions referred to in paragraphs 1 and 3 of this Article shall not be
applied to non-automated calls to legal persons for the purpose of direct
marketing.
XIII.
INSPECTION AND CONTROL
Performing of
Inspection and Control
Article
112
(1) The
Ministry shall perform the inspection of the implementation of provisions of
this Act and regulations passed on the basis of this Act, and international
contracts and agreements from the field of telecommunications binding on the
(2) The
inspection referred to in paragraph 1 of this Article shall be carried out by
telecommunications inspectors.
(3) The control
of the implementation of provisions of this Act and the regulations passed on
the basis of this Act, which regulate the control of the radio frequency
spectrum, the provision of other telecommunications services referred to in
Article 23, paragraph 2 of this Act, and measuring and testing for the purpose
of detection of the causes of disturbance referred to in Articles 102 and 103 of
this Act shall be performed by the Agency, and shall be carried out by
authorized employees of the Agency.
(4) Except for
the control referred to in paragraph 3 of this Article, upon request of the
telecommunications inspector, the authorized employee of the Agency shall
participate with the telecommunications inspector also in performing specific
jobs of inspection in accordance with his request.
(5) The
supervision of the implementation of the provisions of this Act prescribing the
license for a radio station referred to in Article 86 and the general license
referred to in Article 87 of this Act, and measures in connection with that
supervision, shall also be performed by the ministry in charge of home affairs.
The authorized person of the ministry in charge of home affairs shall undertake
prescribed measures for efficient prevention of the operation of a radio station
without licenses referred to in Articles 86 and 87 of this Act, and he/she shall
report about the measures undertaken to the telecommunications inspector without
delay.
(6) The
operations of supervision referred to in paragraph 5 of this Article shall be
performed by the ministry in charge of home affairs ex officio or at the
proposal of the telecommunications inspector.
(7) The
supervision of the implementation of provisions of this Act and regulations
passed on the basis of this Act to the sale of the R&TT equipment, and
electrical and other technical equipment shall be carried out, in addition to
telecommunications inspectors, by inspectors of the State Inspectorate who are
authorized to undertake measures in connection with that
supervision.
(8) The
operator, the service provider and the owner of the telecommunications
infrastructure, and the owner or user of the telecommunications equipment, the
R&TT equipment or a radio station shall allow to the telecommunications
inspector, upon his request, insight into the telecommunications infrastructure,
telecommunications equipment, the R&TT equipment or a radio station, and to
present or submit without delay the necessary data and documentation regarding
the inspection.
Authority of
Telecommunications Inspector and Control Authority of the
Agency
Article
113
(1) During the
inspection referred to in Article 112, paragraph 1 of this Act, the
telecommunications inspector shall have the following
authority:
1. to
temporarily prohibit the provision of telecommunications services or activities
if the prescribed concession or license was not obtained, or if the prescribed
concession agreement was not concluded, or if the prescribed request to the
Agency was not submitted in advance, or if the prescribed authorization was not
obtained, or if the prescribed fee for the concession, license, application or
authorization was not paid, or if telecommunications services or activities are
not performed in accordance with this Act and the regulations passed on the
basis of this Act, and to determine the measures by which further provision of
those services and activities shall be prevented;
2. to
temporarily prohibit the import, sale, leasing and use of the telecommunications
equipment, the R&TT equipment and radio stations which are installed or
connected to public telecommunications if that equipment and radio stations do
not meet the conditions stipulated by this Act and the regulations passed on the
basis of this Act;
3. to
temporarily prohibit the import, sale, leasing and use of electric and other
technical equipment if that equipment does not meet the conditions stipulated by
this Act and the regulations passed on the basis of this Act in connection with
electromagnetic compatibility (EMC);
4. to
temporarily prohibit the operation of a radio station and other R&TT
equipment for which the prescribed license was not obtained, or for which the
prescribed fee for allocation and use of radio frequencies has not been paid in
the term specified for that even after the receipt of a dunning letter, and to
determine measures by which the operation of such a radio station or R&TT
equipment is prevented;
5. to
temporarily prohibit the use of a radio station and a R&TT equipment for
which it is repeatedly ascertained that it does not meet the prescribed
technical conditions and the conditions of use, and to determine measures by
which the operation of that radio station or R&TT equipment is
prevented;
6. to
temporarily prohibit the execution of works, construction of new buildings and
installation of technical equipment in the protected zone or the radio corridor
of radio stations;
7. to
temporarily stop works in the zone of the telecommunications infrastructure or
equipment, radio station or the connecting route, which could damage or harm the
operation of that telecommunications infrastructure, equipment, radio station or
the connecting route, unless the approval from the owner of the stated
infrastructure, equipment, radio station or the connection route has been
obtained in advance, until such approval is obtained;
8. to
temporarily prohibit the operation of the radio station and the R&TT
equipment which causes interference until that interference is
eliminated;
9. to order the
elimination of defects on the telecommunications equipment, R&TT equipment
and radio stations which create electromagnetic disturbance in the operation of
telecommunications or radiocommunications, or in the reception of radio or
television programs, and, in the case of determining the harmful interference,
to temporarily prohibit the use of such equipment or radio stations, until the
harmful interference is eliminated;
10. to order
the elimination of defects if this Act and the regulations passed on the basis
of this Act are not applied during the installation or use of the
telecommunications infrastructure or equipment, the R&TT equipment or radio
stations, and during the provision of telecommunications services or
activities;
11. within the
framework of measures referred to in items 1 do 5 of this paragraph, he may also
temporarily seal or confiscate the
telecommunications equipment, the R&TT equipment and the radio station,
completely or only certain parts of that equipment or radio station, about which
he shall issue a receipt.
(2) The
telecommunications inspector shall be authorized to personally perform or order
performing of the following measurements and testing of the telecommunications
equipment, the R&TT equipment or radio stations, and he may use suitable
technical means and equipment of the operator, service provider or owner or user
of the telecommunications equipment, the R&TT equipment or a radio station
for the needs of inspection.
(3) The
authorized employee of the Agency shall inform the telecommunications inspector
without delay, in writing, about the results of the control and about facts
determined in the procedure of control, for which he is authorized on the basis
of the provisions of this Act.
(4) When the
authorized employee of the Agency determines that the telecommunications
equipment, the R&TT equipment or a radio station causes disturbance, or that
a radio station and other radio equipment operates on radio frequencies for
which the owner or user of that radio station or the equipment has not obtained
the prescribed license, he has the authority, according to paragraph 1, item 11
and paragraph 2 of this Article, along with the obligation to inform the
telecommunications inspector without delay and in writing about the undertaken
measures, for the purpose of submitting a misdemeanour
report.
(5) The
telecommunications inspector and the authorized employee of the Agency shall
keep records about the inspection or control, and they must have prescribed
identification cards.
(6) The
contents and the form of identification cards referred to in paragraph 5 of this
Article, as well as the stamp referred to in paragraph 1, item 11 of this
Article, and the contents and the way of keeping the records referred to in
paragraph 5 of this Article shall be prescribed by an ordinance passed by the
Minister.
Implementation
of Decision of the Telecommunications Inspector
Article
114
(1) No
complaint may be filed against the decision made by the telecommunications
inspector, but an administrative dispute may be started before the
Administrative Court of the
(2) In the case
of non-compliance with the decision made by the telecommunications inspector,
the telecommunications inspector may pronounce to the natural person or the
responsible person within the legal person, to which the decision refers, an
administrative measure in the form of a fine amounting to the twenty fold
average salary in the Republic of Croatia in the past
quarter.
(3) The
administrative measure referred to in paragraph 2 of this Article shall be
performed by bodies competent for collection of pecuniary penalties pronounced
for offences, and the amount shall be paid into the state budget of the
Competence of
Ministry for Conducting Misdemeanour Proceedings
Article
115
(1) The
Ministry shall be competent in the first instance for conducting misdemeanour
proceedings prescribed by this Act.
(2) The fine
and costs of the proceedings, which are partly or completely not paid, shall be
collected by distress of the property of the person to which the fine was
pronounced, in accordance with the provisions of the Misdemeanours
Act.
(3) The High
XIV. PENAL
PROVISIONS
Serious
Violations of Provisions of this Act
Article
116
(1) A legal
person shall be fined for a violation with a fine from HRK 5,000.00 to
1,000,000.00:
1. if it, upon
request from the Agency, does not provide access and does not submit to the
Agency all the data in connection with providing telecommunications services and
activities, including financial data and data marked as confidential, for the
purpose of performing operations referred to in Article 12 of this
Act;
2. if it does
not pay the amount referred to in Article 16, paragraph 3 of this Act in due
time;
3. if it does
not design, produce, build, maintain and use the telecommunications
infrastructure and equipment in accordance with Article 17, paragraphs 1, 2, 3
and 4 of this Act;
4. if the
investor of the building does not ensure, at his own expense, reception of radio
and television channels within 60 days from the day any defects were
established, under the same conditions as before the appearance of disturbances,
pursuant to Article 17, paragraph 6 of this Act;
5. if the
operator and service provider or the owner of telecommunications services and
equipment and owner or the user of radio station does not meet requirements referred to in Article 18,
paragraphs 3, 4, 5, 6 and 7 of this Act;
6. if it
connects its telecommunications network without Agency’s approval referred to in
Article 19, paragraph 1 of this Act
7. if it
provides public telecommunications services with the use of the radio frequency
spectrum contrary to the provisions referred to in Article 24, paragraphs 1, 2
and 4 of this Act;
8. if it
provides telecommunications services, for which the use of radiofrequency
spectrum is not necessary, contrary to provision of Article 25, paragraph 1, 2
and 10 of this Act;
9. if the
concessionaire does not transfer the concession to another legal person contrary
to provisions of Article 32 of this Act
10. if the
concessionaire does not inform the Agency if a natural or legal person has
acquired a control package of shares or stocks in the concessionaire company
(Article 43, paragraph 1)
11. if it does
not pay the fee for the provision of telecommunications services and activities
in accordance with Article 36, paragraphs 1 and 3 of this
Act;
12. if it does
not perform the universal telecommunications services in accordance with the
provisions referred to in Article 37 of this Act;
13. if, as the
provider of telecommunications services, he does not ensure correct and
undisturbed functioning of his telecommunications system (Article 39, paragraph
1 of this Act);
14. if it does
not provide an itemized bill in accordance with Article 44 of this
Act;
15. if it does
not provide services in accordance with Article 51, paragraph 6 of this
Act;
16. if it does
not provide network access in accordance with Article 52 of this
Act;
17. if it does
not provide an interface and a special network access in accordance with Article
53 of this Act;
18. if as an
operator with significant market power does not comply with additional
obligations concerning the request of the provider of services for network
access in accordance with Article 54 of this Act.
19. if it does
not observe the minimum requirements for leased telecommunications lines in
accordance with Article 55 of this Act;
20. if it does
not observe the provisions on interconnection (Article 56 of this
Act);
21. if it does
not observe the provisions on structural separation and separate accounting in
accordance with Article 57 of this Act;
22. if it
restricts the network access and interconnection contrary to provisions from
Article 58 of this Act;
23. if it does
not publish in a suitable way and does not renew standard offers of access to
his unbundled local loops and the related equipment in accordance with Article
60, paragraph 5 of this Act;
24. if it does
not provide access to his unbundled local loop in accordance with Article 60,
paragraphs 1, 3 and 4 of this Act;
25. if it does
not draw up and publish in a suitable way the general conditions of operation in
accordance with Article 62 of this Act;
26. if it does
not publish, regulate and harmonise the prices of services in accordance with
Article 63 of this Act;
27. if it cedes
the telecommunications infrastructure contrary to provisions from Article 64 of
this Act;
28. if it
transfers the right to use of addresses and numbers contrary to provisions
referred to in Article 71 of this Act;
29. if it uses
addresses and numbers contrary to provisions referred to in Article 67 of this
Act;
30. if it does
not enable the number portability and the carrier selection in accordance with
the provisions referred to in Article 72 of this Act;
31. if it does
not introduce the Single European emergency call number and does not proceed
correctly with calls directed to that number (Article 73 of this
Act);
32. if it uses
radio frequencies without the license referred to in Article 85 of this
Act;
33. if it uses
a radio station without the license referred to in Article 86 of this
Act,
34. if it
violates some of the prohibitions connected with the confidentiality of
radiocommunications in accordance with Article 93 of this
Act;
35. if it receives the signals of danger and does
not proceed in accordance with the provisions referred to in Article 94,
paragraph 3 of this Act;
36. if it
imports, places on the market, puts into service or uses the radio equipment and
telecommunications terminal equipment contrary to the provisions referred to in
Article 97 of this Act;
37. if it does
not proceed in accordance with the provisions referred to in Article 104 of this
Act for the purpose of elimination of disturbances;
38. if it does
not provide the security of the telecommunications network in accordance with
Article 105 of this Act;
39. if it
proceeds contrary to the prohibition of listening, wiretapping, storing and any
form of interception or surveillance of telecommunications communications and
the related telecommunications traffic data referred to in Article 106,
paragraph 1 of this Act;
40. if it uses
the public telecommunications network contrary to the provision referred to in
Article 106, paragraph 4 of this Act;
41. if it does
not proceed with telecommunications traffic data in accordance with Article 107
of this Act;
42. if it uses
calling systems with and without human mediation, facsimile devices or
electronic mail for the purpose of direct promotion contrary to provisions
referred to in Article 111 of this Act.
43. if it does
not allow access to telecommunications infrastructure, telecommunications
equipment, radio equipment and telecommunications terminal equipment or a radio
station to the telecommunications inspector, or if it does not submit necessary
data or documents related to inspection in accordance with Article 112,
paragraph 8 of this Act.
(2) For a
violation referred to in paragraph 1 of this Article, the responsible person in
the legal person shall also be fined with HRK 1,000.00 to
10,000.00.
(3) By way of
derogation from the provision referred to in paragraph 2 of this Article, if the
responsible person has committed the violation intentionally, he/she will be
fined with HRK 3,000.00 to 10,000.00.
(4) If the
violation referred to in paragraph 1 of this Article has been committed by a
natural person, he/she will be fined with HRK 1,000.00 to
10,000.00.
(5) For a
violation referred to in paragraph 1 of this Article, the protective measure of
the prohibition of performing the activities in the duration from three months
to one year may also be pronounced, and for a violation referred to in paragraph
1, item 42 of this Act a protective measure resulting in the confiscation of
computer and/or other technical equipment may be
pronounced.
(6) The
material gain realized by the violation will be
confiscated.
Other
Violations of Provisions of this Act
Article
117
(1) A legal
person shall be fined for a violation with HRK 2,000.00 to
100,000.00:
1. if it, as a
concessionaire or a telecommunications services provider employs a member of
Agency’s Council within a year from the date of his retirement from office
pursuant to Article 10 paragraph 3 of this Act;
2. if it
performs works, constructs a new building or puts telecommunications equipment
in the zone of the telecommunications infrastructure, equipment or connecting
route, that is in the protective zone or radio corridor contrary to Article 20
of this Act;
3. if it
provides services in the network of the professional mobile radio (PMR) or
connects that network to the public telecommunications network contrary to
provisions of Articles 24 and 13 of this Act
4. if the
virtual mobile network operator provides public telecommunications services
contrary to the provision referred to in Article 24, paragraph 14 of this
Act;
5. if it
provides telecommunications services referred to in Article 23, paragraph 2 of
this Act contrary to the provisions referred to in Article 27 of this
Act;
6. if it
provides telecommunications services with the use of the free radio frequency
spectrum contrary to the provisions referred to in Article 28 of this
Act;
7. if it fails
to inform in writing the Ministry or the Agency, or users of universal
telecommunications services via mass media in accordance with Article 39,
paragraph 2 of this Act;
8. if it, as a
provider or universal telecommunications services, fails to submit the data
about the realized total income on the market in accordance with Article 39,
paragraph 4 of this Act;
9. if it, as a
provider of public voice services, does not ensure equal availability and
accessibility of those services in accordance with Article 42 of this
Act
10. if it
concludes written contracts with subscribers and introduces new services
contrary to provision of Article
43, paragraphs 3 and 4 of this Act
11. if it fails
to provide a simple and free of charge barring of specific types of outgoing
calls, or calls to specific numbers or groups of numbers, in accordance with
Article 46 of this Act;
12. if it fails
to provide automatic call diverting or call redirecting in accordance with Article 47 of this
Act;
13. if it fails
to organize the public subscribers directory and the directory enquiry service
about numbers of subscribers of all public telecommunications networks in the
Republic of Croatia, or does not fulfil the requirements for access to
subscriber data, or does not use subscribers’ personal data in accordance with
Article 48 of this Act;
14. if the
concessionaire does not notify the Agency all data for each installed radio
station or fails to submit corresponding data on radio measurements performed in
his mobile telecommunications network, or technical data about the basis
stations in that network in accordance with Article 85, paragraphs 3 and 4 of
this Act;
15. if he uses
the radio station referred to in Article 86, Paragraph 1 of this Act without the
technical inspection in accordance with Article 86, paragraph 6 of this
Act;
16. if he fails
to obtain the general license in accordance with Article 87, paragraph 1 of this
Act for a radio station for which there is a corresponding CEPT decision about
its exemption from issuing an individual license;
17. if he fails
to issue a copy of the related general license during sale of the radio station
in accordance with Article 87, paragraph 3 of this Act;
18. if he fails
to take efficient measures by which further operation of the radio station is
prevented pursuant to Article 91, paragraph 2 of this Act;
19. if he fails
to perform identification of the radio station in accordance with Article 92,
paragraph 1 of this Act;
20. if he does
not pay the fee for the allocation and use of radio frequencies pursuant to
Article 96 of this Act
21. if the
radio equipment and the telecommunications terminal equipment does not meet the
requirements referred to in Article 98, paragraph 3 of this
Act;
22. if he
proceeds contrary to the provisions referred to in Article 99, paragraphs 1 and
2 of this Act when putting the radio equipment and the telecommunications
terminal equipment on the market;
23. if he
proceeds contrary to the provisions referred to in Article 100 of this Act when
putting the radio equipment and the telecommunications terminal equipment into
service;
24. if the
radio equipment and the telecommunications terminal equipment generates
electromagnetic fields of the size exceeding the prescribed values (Article 101,
paragraph 1 of this Act);
25. if the
electrical and other technical equipment creates electromagnetic disturbances or
does not meet the requirements for electromagnetic compatibility (EMC) in
accordance with the provisions of Article 102, paragraphs 1 and 2 of this
Act;
26. if he fails
to provide the prevention of calling line identification, or calling line
rejection or connected line identification in accordance with Article 108 of
this Act;
27. if he fails
to process the location data other than telecommunications traffic data in
accordance with Article 109 of this Act.
(2) The
responsible person in the legal person shall also be fined with HRK 500.00 to
5,000.00 for a violation referred to in paragraph 1 of this
Article,
(3) By way of
derogation from the provision referred to in paragraph 2 of this Article, if the
responsible person has committed the violation intentionally, he/she shall be
fined with HRK 1,000.00 to 5,000.00.
(4) If the
violation referred to in paragraph 1 of this Article has been committed by a
natural person, he/she shall be fined with HRK 500.00 to
5,000.00.
(5) For the
violation referred to in paragraph 1 of this Article, the protective measure of
confiscating the radio station may also be pronounced.
(6) The
material gain realized by the violation shall be
confiscated.
Article
118
The payment of
fines for violations prescribed by this Act shall not annul other material
liabilities arising from this Act.
XV.
TRANSITIONAL AND FINAL PROVISIONS
General
Transitional Provisions
Article
119
(1) A legal or
natural person providing public telecommunications services and performing
activities in public telecommunications on the date of entry of this Act into
force, on the basis of the concession, notification or authorization, according
to regulations which were valid until the date of entry of this Act into force,
shall continue to provide those services and activities according to the
provisions of this Act until the expiry of time for which the concession or the
authorization was granted or the service was notified.
(2) HT-Hrvatske
telekomunikacije d.d.shall provide to other operators and service providers
access to its unbundled local loop at the latest by than
(3) HT-
Hrvatske telekomunikacije d.d. shall start with suitable necessary technical
preparations for the purpose of fulfilling the obligations referred to in
paragraph 2 of this Article at the latest by 1 October 2003, and to submit to
the Agency , in accordance with its previously sent request, , at the latest
by January 2004, all the data
regarding technical preparations so that the Agency may determine the time
schedule of the access to the unbundled local loop.
(4) HT-
Hrvatske telekomunikacije d.d must, within the term of three months after the
entry of this Act into force, harmonise its operation with the provisions of
Article 57 of this Act which regulate the structural and accounting separation.
(5) The
concession agreement for the provision of telecommunications services in the
fixed network referred to in Article 98, paragraph 5 of the Telecommunications
Act (Official Gazette of the Republic of Croatia, Nos. 76/99, 128/99, 68/01 and
109/01), which the Government of the Republic of Croatia concluded with the
company HT- Hrvatske telekomunikacije d.d, shall be harmonised the provisions of
this Act within three months after the entry of this Act into
force.
(6) Odašiljači
i veze d.o.o. shall continue to provide broadcasting services referred to in
Article 23 paragraph 1 of this Act without any special concession for the needs
of the public institution Croatian Radio Television.
(7) The
authorization or the license for a radio station, issued according to the
regulations which were valid until the date of entry of this Act into force,
shall be valid until the expiry of the term for which it was issued, and the
radio station may be used until the expiry of the stated term, under conditions
determined in the approval or the license for the radio station, according to
the provisions of this Act. The Agency shall harmonise the conditions from the
issued approvals and licenses for the radio station with the provisions of this
Act within six months from the date of entry of this Act into
force.
(8) The
operators and service providers performing telecommunications services on the
date of entry of this Act into force, must meet the obligation referred to in
Article 18, paragraph 6 of this Act within the term of one year from the date of
entry of this Act into force.
(9) The
operators which, on the date of entry of this Act into force, have a
telecommunications network connected with telecommunications networks of other
countries shall obtain the license referred to in Article 19, paragraph 1 of
this Act within six months following the entry of this Act into
force.
(10) The
administrative and judicial procedures, started prior to the entry of this Act
into force, shall be completed according to the regulations which were valid
until the date of entry of this Act into force, and according to the provisions
of this Act, only in the case when it is more favourable for the party in the
procedure.
(11) The fee
for licenses, notifications and authorizations, which is prescribed by the
Ordinance referred to in Article 36, paragraph 1 of this Act shall be determined
at the latest by 1 January 2005, in the amount which does not exceed the amount
of administrative costs arising in the procedure of issuing of the license or
authorization, or submitting of the notification, and during the management,
control and implementation of that procedure.
Transitional
Provisions on Concessions for Radio and Television
Article
120
(1) The Radio
and Television Council, founded pursuant to the Telecommunications Act (Official
Gazette of the Republic of Croatia, Nos. 76/99, 128/99, 68/01 and 109/01), shall
continue its activities according to provisions of that Act until the
appointment of Council for Electronic Media according to the Electronic Media
Act.
(2) The Radio
and Television Council shall finalise the procedures for granting of a
concession, or extension of concession for providing radio and television
activities, procedures for change of ownership structure, change of program
scheme and other demands commenced according to regulations valid until the date
of entry into force of this Act, pursuant to the regulations valid until the day
of entry into force of the Electronic Media Act.
(3) The radio
and television concessionaire which, on the date of entry of this Act into
force, performs the activity of radio and television on the basis of a
concession and the concluded concession agreement according to the regulations
which were in force until the date of entry of this Act into force, shall
continue to perform its activity in accordance with the provisions of the
special Act which stipulates the field of electronic media until the expiry of
the time for which the concession was granted.
Transitional
Provisions concerning the Agency
Article
121
(1) The
Government of the Republic of Croatia shall submit a proposal for the
appointment of members, chairman and deputy chairman of the Agency’s Council,
within 30 days after this Act comes into force, in accordance with Article 9,
paragraph 1 of this Act, and the Croatian Parliament shall appoint members,
chairman and deputy chairman, within 30 days after receiving the
proposal.
(2) The
chairman, deputy chairman and members of the Telecommunications Council, the
chairman, deputy chairman and members of the Council of the Croatian Institute
of Telecommunications, and the director and deputy director of the Croatian
Institute of Telecommunications shall temporarily continue their work even after
this Act comes into force, until the appointment of the members of the Agency’s
Council according to this Act.
(3)
The
Telecommunications Council referred to in paragraph 2 of this Article shall pass
decisions referred to in Article 12, paragraph 1 and Article 29, paragraph 2 of
this Act with the consent of the Government of the Republic of
Croatia.
(4) Within 30
days from its appointment, the Agency’s Council shall pass the Statute of the
Agency and other bylaws, and within further 10 days publish a competition for
the director of the Agency. The Agency’s Council shall, within 30 days from its
appointment and based on the authority given by the Croatian Parliament, submit
a request to delete the Telecommunications Council and the Croatian Institute of
Telecommunications from the court register, and register the Agency in the court
register.
(5) The
employees of the Telecommunications Council administrative and professional
services and the employees of the Croatian Institute of Telecommunications shall
continue to work on the assignments they were working on at the moment of the
entry into force of this Act and they shall keep the job titles and positions
until the conclusion of a new employment contract on the basis of the bylaws
referred to in paragraph 4 of this Article.
(6) By way of
derogation from the provision of paragraph 5 of this Article, the employees of
the Croatian Institute of Telecommunications, that were, at the time of the
entry into force of this Act, working as telecommunications inspectors, shall be
taken over by the Ministry.
(7) The Agency
shall be the legal successor of the Telecommunications Council and of the
Croatian Institute of Telecommunications, and it shall take over the movable and
fixed assets, archive and other documentation, capital goods and funds, rights
and liabilities of the Telecommunications Council and of the Croatian Institute
of Telecommunications.
Subordinate
legislation
Article 122
(1) The
Government of the
(2) The
Minister shall pass the regulations for which he has the authority in accordance
with this Act one year after the entry of this Act into force at the
latest.
(3) Until the
regulations referred to in paragraphs 1 and 2 of this Article come into force,
subordinate legislation regulating the issues in question shall apply if they
are not contrary to the provisions of this Act.
Final
Provisions
Article
123
On the day of
entry into force of this Act, the provisions of the Telecommunications Act,
except for provisions of Chapter XII "Radio and Television" (published in the
Official Gazette of the Republic of Croatia, Nos. 76/99, 128/99, 68/01 and
109/01), shall become null and void.
Article
124
This Act shall
enter into force on the eighth day from the date of its publication in the
Official Gazette of the
Class:
344-03/03-01/01
CROATIAN
PARLIAMENT
President
of the Croatian
Parliament
Zlatko Tomčić,
signed