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

Contents of the Act

 

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.

 

Interest of the Republic of Croatia

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 Republic of Croatia.

 

Competent State Authorities

Article 3

(1) Upon proposal by the Government of the Republic of Croatia, the Croatian Parliament shall pass the Strategy for the Development of Telecommunications and Information Technology in the Republic of Croatia for a period of four years. The Strategy shall represent the basic document regulating the fundamental principles and guidelines for the development of telecommunications and information technology on a long term basis, and shall set national priorities in planning telecommunications and information activities.

(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 Republic of Croatia shall authorize the Ministry to undertake the appropriate measures in order to ensure the provision of these services.

(4) The Ministry shall represent the Republic of Croatia in international telecommunications organizations and institutions, and shall be responsible for the implementation of international contracts, agreements and conventions in the field of telecommunications. The Ministry shall participate in the work of bodies and expert groups of these international organizations and institutions, and may also authorize the Croatian Telecommunications Agency or other competent bodies to participate in their work.

(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 Republic of Croatia shall establish the Croatian Telecommunications Agency as a national regulatory agency for performing regulatory activities and other tasks within the scope and the competences laid down by this Act.

 

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 Republic of Croatia, at an affordable price,

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.

 

Exceptions to the Implementation of the 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 Republic of Croatia, and the founder’s rights are realised by the Croatian Parliament and the Government of the Republic of Croatia. The Agency shall be responsible for its work to the Croatian Parliament.

(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 Zagreb.

(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 Republic of Croatia may previously publish a public invitation for proposing candidates for the members of the Agency’s Council.

(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 Republic of Croatia from among the members of the Agency’s Council appointed for a five-year term.

(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 Republic of Croatia in the following cases:

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 Republic of Croatia about the existence of a reason for the dismissal of 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.

(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 Republic of Croatia, and the Agency shall perform them on the basis of public authority.

(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 Republic of Croatia, the Agency’s Council shall pass the Statute of the Agency, Ordinance on the Work of the Agency, the annual financial plan and the annual financial statement of the Agency, as well as the annual work and development plan of the Agency.

(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 Republic of Croatia.

(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 Republic of Croatia.

(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 Republic of Croatia, the Agency shall submit, in appropriate time, the report referred to in paragraph 1 of this Article also for a period shorter than one year.

 

 

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 Republic of Croatia shall have joint and several and unlimited liability for the obligations of the Agency.

(6) The liabilities of the Agency shall be primarily settled from its property, and only then from the state budget of the Republic of Croatia.

(7) The Agency may not, without prior consent by the Government of the Republic of Croatia, acquire, burden or alienate a real estate or other property, or conclude other legal transactions, if the value of the contract or other business transaction exceeds the amount defined by the Statute of the Agency.

 

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 Republic of Croatia.

(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 Republic of Croatia.

 

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 Republic of Croatia and foreign operators, to interconnection charges and accounting fees.

(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 Republic of Croatia, the concessionaires of

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

Article 24

(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 Republic of Croatia within 10 days from the receipt of the application. If the Agency’s Council receives several applications relating to the same frequency area within the term of 45 days from the publication of the information, which it cannot meet from the available part of the radio frequency spectrum, it shall invite a public tender for granting the concession referred to in paragraph 1 of this Article not later than 90 days from the date of the publication of that notification.

(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 Republic of Croatia.

(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 Republic of Croatia, and it may also be made accessible to the general public in any other suitable way.

(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 Republic of Croatia.

(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 Republic of Croatia, on the basis of the invoice issued by the Agency.

 

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 Republic of Croatia, irrespective of their geographical location, with the possibility of introducing special prices adjusted to needs of socially deprived groups of users of services.

(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 Republic of Croatia, which is available to all users of services, including also users of public telephone booths.

(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 Loop

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 Loop

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 Republic of Croatia or in the area of concessions of the same level, i.e. in the territory in which the service provider provides services.

(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 Republic of Croatia as a naturally limited natural resource, for the purpose of ensuring a reasonable, even and efficient use of addresses and numbers, shall be based on international regulations and international agreements binding upon the Republic of Croatia.

(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 Republic of Croatia, and they may also be published in another suitable way.

 

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 Republic of Croatia,

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 Republic of Croatia;

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 Republic of Croatia may be prescribed in greater detail by an ordinance passed by the minister.


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 Republic of Croatia as a Single European emergency call number.

(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 Republic of Croatia to which the competent international organization assigned the management of the national domain of the Republic of Croatia (the peak "hr" domain) shall be authorized for the management of the national Internet domain in the Republic of Croatia.

(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 Republic of Croatia.

(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 Republic of Croatia.

(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 Frequency Range Intended for Citizens (CB)

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 Frequency Range Intended for Professional Mobile Radio (PMR)

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 Republic of Croatia,

Police and Security Services of the Republic of Croatia

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 Republic of Croatia, the police and security services of the Republic of Croatia participates in radiocommunications services of other systems, its use must be harmonised with the provisions of this Act and the regulations passed on the basis of this Act.

(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 Republic of Croatia, must not create electromagnetic fields with values beyond the prescribed values.

(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 Republic of Croatia must meet the requirements relating to electromagnetic compatibility (EMC) in accordance with the ordinance passed by the Minister.

(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

Security of Telecommunications Network

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 Republic of Croatia.

 

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 Republic of Croatia.

(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 Republic of Croatia.

(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 Republic of Croatia.

 

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 Misdemeanours Court shall decide about a complaint against the first-instance decision by the Ministry.

 

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 1 January 2005. Until that term, HT- Hrvatske telekomunikacije d.d. shall provide to other operators and service providers the services of number portability and carrier preselection.

(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 Republic of Croatia shall pass the regulation referred to in Article 88 paragraph 2 of this Act six months after entry of this Act into force at the latest.

(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 Republic of Croatia and shall apply as of 1 August 2003.

 

 

Class: 344-03/03-01/01

Zagreb, 17 July 2003

 

CROATIAN PARLIAMENT

President

of the Croatian Parliament

Zlatko Tomčić, signed