1373
Pursuant to
Article 88 of the Constitution of the
I hereby
promulgate the Act on the Amendments to the Telecommunications Act which was
passed by the Croatian Parliament at its session of
No:
01-081-05-1991/2
President
of the
Stjepan
Mesić, m.p.
Article 1
Paragraph 1
of Article 3 of the Telecommunications Act (Official Gazette, 122/03, 158/03
and 60/04) is hereby amended and it now reads:
»(1)
Upon proposal by the Government of the Republic of Croatia, the Croatian
Parliament shall pass the Strategy for the Development of Telecommunications,
which shall represent a basic document establishing, on a long term basis, the
fundamental principles and guidelines for the development of telecommunications
and radio communications, and shall set the national priorities in planning the
development of telecommunications services and activities.«
Paragraph 2
is hereby amended and it now reads:
»(2)
The ministry competent for telecommunications (hereinafter: the Ministry) shall
prepare the strategy referred to in Paragraph 1 of this Article.«
Paragraph 3
is hereby amended and it now reads:
»(3)
In situations referred to in Article 18 Paragraph 5 of the Act, the Government
of the
Article 2
The words
»specifically in procedures of resolving disputes between the users and service
providers,« in Article 5 Paragraph 1 Item 2 are hereby
deleted.
Paragraph 2
is hereby amended and it now reads:
»(2) In
achieving the principles and objectives referred to in Paragraph 1 of this
Article, the Croatian Agency for
Telecommunications shall in particular perform the following:
1. ensure enforcement of the Strategy for the Development of
Telecommunications referred to in Article 3 hereof,
2. cooperate
with the Croatian Competition Agency, by requesting the opinion of that body or
instituting proceedings before that body in all instances of prevention,
restriction or disturbance of market competition, in compliance with the
special act regulating the protection of market competition,
3. cooperate with the body responsible for consumer protection,
in compliance with the special act regulating consumer protection.«
Paragraph 3
is hereby amended and it now reads:
»(3) The
Croatian Competition Agency shall apply the provisions contained in the regulations
governing the protection of market competition to all issues related to the
provision of telecommunications services and activities of legal and physical
persons on the market, which are not regulated by this Act,.«
Paragraph 4
is hereby added after Paragraph 3, and it reads:
»(4)
The Croatian Agency for Telecommunications shall provide appropriate expert and
technical assistance to the Croatian Competition Agency in the application of
regulations regulating the protection of market competition.«
Article 3
The word:
»capability« in Article 7 Item 6 is hereby substituted by the word: »ability«.
Item 11 is
hereby amended and it now reads:
»11.
unbundled access to the local loop: full unbundled access to the local loop,
authorising the use to a third interested party of the whole frequency spectrum
of the local loop; and shared access to the unbundled local loop, authorising
the use to a third interested party of the non-voice band frequency spectrum of
the unbundled local loop, not entailing a change in ownership of the local loop,«.
The words:
»mutual voice communication« in Item 12 are hereby
substituted by the words: »reciprocal voice communication«.
Item 22 is
hereby amended and it now reads:
»22.
interconnection: a special type of network access realized between the
operators, establishing a physical and logical connection of public
telecommunications networks of one or more different operators, in order to
enable the users of services of one operator to mutually communicate or
communicate with users of services of another operator, or to access the
services of another operator, where the services may be provided by
interconnected operators or other service providers with network access,«.
The word:
»using« in Item 38 is hereby substituted by the word: »applying«.
Item 55 is
hereby amended and it now reads:
»55. disposal of the telecommunications network: ownership of the
telecommunications network, alternatively, the right to use a
telecommunications network owned by some other legal or physical person,«.
Item 60 is
hereby amended and it now reads:
»60.
telecommunications infrastructure: basic constituents of a telecommunications
network, such as the land and buildings for accommodation of telecommunications
equipment, cable canalization, antennae posts and other structures for the
provision of telecommunications services and activities. The telecommunications
infrastructure shall neither comprise business and other structures serving to
carry out administrative, commercial and other operations associated with the
provision of telecommunications services and activities, nor the structures
accommodating telecommunications equipment that is not intended for the
provision of telecommunications services, or for the performance of
telecommunications activities (such as storage premises for telecommunications
equipment and the like),«.
Item 61 is
hereby amended and it now reads:
»61.
telecommunications network: an integral technical system or a part thereof,
consisting of transmission and commutation systems, as well as other
telecommunications systems, telecommunications lines and other technical
equipment enabling the provision of telecommunications services,«.
Item 66 is
hereby amended and it now reads:
»66. telecommunications system: each integral technical system
enabling the provision of telecommunications services,«.
Item 67 is
hereby amended and it now reads:
»67. telecommunications line: a wire, optical or related line
between the connecting points of the telecommunications network with
appropriate interfaces, without the function of mediation (commutation),«.
A new Item
69 is hereby added after Item 68, and it reads:
»69. service of fixed wireless access: service through fixed
access to the telecommunications network using the radiofrequency spectrum,
which enables physical and logical connection of telecommunications terminal
equipment and other telecommunications equipment to the telecommunications
network or parts thereof,«.
Former Items
69 – 72 are hereby renumbered as Items 70 – 73.
Article 4
A third
sentence is hereby added in Article 9 Paragraph 2, and it reads:
»The term of
office of the Agency’s Council members shall cease on the day of expiry of the
term for which he/she was appointed, by death or on the day of dismissal, in
accordance with the provisions of Article 10 hereof.«
Paragraph 5
is hereby amended and it now reads:
»(5)
The members of the Agency’s Council shall perform their duty professionally, as
their only profession.«
Paragraph 6
is hereby amended and it now reads:
»(6)
The members of the Agency’s Council may be appointed from among Croatian
citizens domiciled in the Republic of Croatia, who hold a university degree in
the area of electrical engineering, legal and economic sciences and who have at
least five years of work experience in the area of telecommunications, as well
as an active knowledge of at least one foreign business language (English,
German or French). At least one member of the Council must hold a university
degree in the area of legal sciences and at least one member of the Council
must hold a university degree in the field of economic sciences.«
The word:
»managing director« in Paragraphs 7 and 10, is hereby substituted by the word:
»director«.
A new Item
11 is hereby added after Item 10, and it reads:
»(11)
The material rights of the chairman, deputy chairman and the members of the
Agency’s Council shall be regulated by the Agency’s Statute.«
Article 5
Paragraph 1
in Article 10 is hereby amended and it now reads:
»(1) The
Croatian Parliament shall dismiss from office a chairman, a deputy chairman, or
a member of the Council before the expiry of their term of office, at the
proposal of the Government of the Republic of Croatia, in the following cases:
1. if he/she so requests,
2. if it is
found that a member, at the time of his/her candidacy for a Council member,
presented untrue information about him/herself or omitted to present data on
the circumstances essential for the assessment of the proposed candidacy,
3. severe infringements of duty stipulated by the Agency’s
Statute,
4. inability to duly perform his/her duties for an
uninterrupted period exceeding six months,
5. permanent lack of ability to perform duty,
6. valid conviction for a criminal offence,
7. occurrence of circumstances referred to in Article 9 Paragraph
7 hereof.«
The words:
»Items 1, 4 and 5« in Paragraph 4 are substituted by the words: »Items 2, 3, 6
and 7«.
Article 6
The heading
of Article 11 and Article 11 are hereby amended and they now read:
»The
director and Administrative Service of the Agency
Article 11
(1) The
Agency shall have an Administrative Service organized in accordance with the
general acts of the Agency, which performs professional, administrative and
technical tasks for the needs 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/her work. The
director shall organize and manage the work of the administrative service and
he/she shall be responsible for the professional work of the Agency.
(3) The
director shall prepare draft proposals of decisions, resolutions, conclusions
and opinions referred to in Article 12 hereof, for the Agency’s Council. The director shall also perform such other
tasks stipulated by the Agency’s Statute.
(4) The Chairman of the Agency’s Council may transfer
part of his/her authority, stipulated by this Act and the Agency’s Statute, to
the director in accordance with the Statute of the Agency.
(5) The
director shall be appointed by the Minister on the basis of a public
announcement of vacancy, for a four-year term of office, with the possibility
of reappointment.
(6) The
director may be appointed from among Croatian citizens domiciled in the
Republic of Croatia, holding a university degree in the area of electrical
engineering, legal or economic sciences, with at least three years of work
experience in managerial positions in the area of telecommunications and with
an active knowledge of at least one foreign business language (English, German
or French).
(7) The Minister may also dismiss from office
the director before the expiry of his/her term of office under the
circumstances and pursuant to the procedure provided for by the Institutions
Act, as well as at the proposal of the Agency's Council.
(8) The
labour-related rights of the director and the employees of the Administrative
Service of the Agency shall be regulated by the Ordinance on the work of the
agency, in accordance with the general labour legislation.
(9) The
director shall conclude an employment contract with the Chairman of the
Agency’s Council.
(10) The
provisions of the Institutions Act shall apply accordingly to all other matters
concerning the establishment and operation of the Agency, which are not
regulated by this Act.«
Article 7
Item 4 in
Paragraph 1 of Article 12 is hereby amended and it now reads:
»4.
settlement of disputes between providers and users of services, with the
mediation of Users of Telecommunications Services as the advisory body of the
Agency, in accordance with the provisions of this Act and special
regulations,«.
A new Item 9
is hereby added after Item 8, and it reads:
»9. expert
supervision of the provision of telecommunications services and activities, as
well as of the performance of other tasks in compliance with the provisions
hereof,«.
Former Items
9 – 12 are hereby renumbered as Items 10 – 13.
A new Item
14 is hereby added after former Item 12, which is renumbered as Item 13, and it
reads:
»14. keeping
and maintenance of databases which the Agency collects for the purpose of
performing tasks assigned to it, as well as regular publication of data in the
field of telecommunications in accordance with the provisions hereof and
regulations passed pursuant thereto,«.
Former Item
13 is hereby renumbered as Item 15.
In former
Item 14, which is hereby renumbered as Item 16, the word “authorized” is
added after the words: »international
cooperation with«, with simultaneous deletion of the words: »with the approval
of the Government of the
Former Items
15 and 16 are hereby renumbered as Items 17 and 18.
In Paragraph
2, the words: »Items 1 – 9« are hereby substituted for the words: »Items 1 –
10«.
Article 8
In Paragraph
2 of Article 13, the words: »except for the public tender procedures referred
to in Article 24 hereof, in which the Agency determined the tender
documentation« are hereby added after the words “of this Act”.
A new
Paragraph 6 is hereby added after Paragraph 5, and it reads:
»(6)
The proceedings before the Administrative Court of the
Former
Paragraph 6 is hereby renumbered as Paragraph 7.
Former
Paragraph 7, which is hereby renumbered as Paragraph 8, is amended and it now
reads:
»(8) In case
of non-compliance with the Agency Council’s decision within the term specified
in Paragraph 7 of this Article, the telecommunications inspector or
telecommunications supervisor may issue a misdemeanour order and submit a
request to start misdemeanour proceedings, in accordance with the provisions of
Articles 113 and 113a hereof.«
Former
Paragraph 8 is hereby renumbered as Paragraph 9.
Article 9
The heading
of Article 14 and Article 14 are hereby amended and they now read:
»Publicity
of Work of the Agency
Article 14
(1) The
Agency’s Council shall submit to the Croatian Parliament and the Government of
the Republic of Croatia an annual report on its operations, including financial
statements, and about the state of affairs and the realization of principles
and goals of the telecommunications market regulation in the Republic of
Croatia referred to in Article 5 hereof, not later than the end of March for
the previous calendar year.
(2) At the
request of the Croatian Parliament or the Government of the
(3) The
Agency shall organize and regularly update databases of all the registries and
records that it keeps for the purpose of performance of tasks assigned to it,
and specifically the databases on:
– granted
concessions and concluded concession agreements,
– issued licences
for the provision of telecommunications services,
– written
requests for the provision of telecommunications services,
– issued
authorities for the provision of telecommunications services,
– issued
licences referred to in Article 84, Paragraph 1 hereof,
– assigned and available radio frequencies and radiofrequency
channels,
– assigned and available addresses and numbers in public
telecommunications,
– relevant markets, as well as operators and service providers
with significant market power on these relevant markets,
– reference
offers and concluded agreements on interconnection and unbundled access to the
local loop,
– approval for import and placement on the market of radio
equipment and telecommunications terminal equipment.
(4)
Databases referred to in Paragraph 3 of this Article must be available to the
public free of charge in electronic format on the Agency’s web site or in
another appropriate format, offering the possibility of comprehensive data
browsing according to chosen parameters.
(5) Data on
the radiofrequency spectrum are kept in accordance with the provisions of
Article 75, Paragraph 4 hereof.
(6) In
addition to data and documents referred to in Paragraph 3 of this Article, the
Agency shall regularly publish free of charge, either on its web site or in
another appropriate format, the following data and documents:
– decisions, resolutions, conclusions and expert opinions of
the Agency,
– decisions and other information concerning the announcement
of public tenders referred to in Article 24 hereof,
– development indicators of the telecommunications market,
– the annual program of work and development of the Agency,
– the annual report referred to in Paragraph 1 of this
Article,
– the annual financial plan of the Agency and realization thereof,
– the Statute of the Agency and other general acts of the
Agency,
– other data and information on the Agency’s work and
operations.
(7) For the
purpose of publishing data and documents referred to in Paragraphs 3 and 6 of
this Article, the Agency shall organize and regularly update its official web
site, and it may also publish an official gazette of the Agency.
(8) The
rulings and decisions of the Administrative Court of the Republic of Croatia in
administrative proceedings set in motion pursuant to the provisions of Article
13 hereof shall be published in the Official Gazette of the Republic of
Croatia, but they may also be published in the manner specified in Paragraph 7
of this Article.
(9) By way
of derogation from the provisions referred to in Paragraphs 4, 6 and 7 of this
Article, the data and documents that are considered an official secret in the
context of Article 15 hereof shall not be published.«
Article 10
The heading
of Article 15 and Article 15 are hereby amended and now read:
»Collection
of Data and Keeping Official Secrets
Article 15
(1) In the
performance of tasks specified in Article 12 hereof, the Agency shall be
entitled to request, in writing, from a legal and physical persons providing
telecommunications services and activities, the following:
1. delivery
of all required data and information, including financial data and data that
are marked as a business secret or official secret, as well as the delivery of
required data and documentation for inspection,
2. direct inspection of the business premises, the resources
for the provision of telecommunications services and activities, business
records, archives, databases and other documentation,
3. performance of other acts which it finds necessary in order
to establish all essential facts in the decision-making procedure.
(2) The
request of the Agency referred to in Paragraph 1 of this Article must contain
the legal basis, subject and the purpose of the request, the level of detail of
requested data and a reasonable term to comply with the request.
(3)
Legal and physical persons who provide telecommunications services and
activities shall comply with the request of the Agency referred to in Paragraph
1 of this Article.
(4) The
Agency shall deliver the data referred to in Paragraph 1 of this Article to the
Ministry upon their request, which shall be elaborated in compliance with
Paragraph 2 of this Article.
(5) The
chairman, deputy chairman and members of the Agency’s Council, director of the
Agency and employees of the Administrative Service, as well as other legal and
physical persons to whom the Agency has entrusted performance of certain tasks,
shall keep the official secret confidential, regardless of how they have
learned about it. This obligation of confidentiality shall remain in force even
after the termination of employment with the Agency, in compliance with a
special act.
(6) The
official secret referred to in Paragraph 5 of this Article shall particularly
include:
1. all that is labelled as official secret in a special act or
other regulation,
2. all that is labelled as official secret or business secret
in a general acts or other act of legal and physical persons referred to in
Paragraph 1 of this Article,
3. all that the legal and physical persons referred to in
Paragraph 1 of this Article explicitly labelled as official secret or business
secret,
4. all that is labelled as official secret in the Agency’s
general acts.
(7) By way
of derogation from the provisions referred to in Paragraphs 5 and 6 of this
Article, the data and documents that were in any way available to the public,
i.e. published pursuant to special regulations or decisions of legal and
physical persons referred to in Paragraph 1 of this Article shall not be
considered an official secret.«
Article 11
A new Paragraph
3 is hereby added after Paragraph 2 in Article 17, and it reads:
»(3)
Telecommunications infrastructure must be planned in the spatial planning
documents.«
Former
Paragraph 3, which is hereby renumbered as Paragraph 4, is amended and it now
reads:
»(4)
The telecommunications infrastructure and telecommunications equipment shall be
designed, produced, installed and constructed in such a way as to also enable
access and availability of public telecommunications services to disabled
persons.«
Former Paragraph
4 is hereby deleted.
The word:
“building” in Paragraph 5 is hereby substituted by the word: »construction «;.
Paragraph 6
is hereby amended and it now reads:
»(6) If the
construction of a residential, office or another kind of structure causes
interference in the reception of radio or television programs of the Croatian
Radio Television or a concessionaire of radio-diffusive services on a territory
covered by the concession, the investor of the structure shall, within 60 days
from the day the interference was detected, ensure at its own expense, the
reception of these radio and television programs, at equal quality of reception
to that which had existed before the interference occurred.«
Article 12
The words:
»service competent for surveillance and alarming« in Article 18 Paragraph 4 are hereby substituted for words: »bodies of the state
administration competent for protection and rescuing services«.
The words
“and emergency services” are added in Paragraph 5 after the words “competent
bodies of state administration«.
Article 13
The words:
»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
Article 14
Paragraph 2
in Article 20 is hereby amended and it now reads:
»(2) It is
required to previously obtain special location conditions issued by the Agency
in the procedure of making and enactment of spatial planning documents and/or
issuance of location permits for spatial interventions in the zone of
telecommunications infrastructure, equipment and the connection route, as well
as in the protected zone and radio corridor of radio stations.«
In Paragraph
5, the word: »building« is hereby substituted for the word: »construction«.
Article 15
A new
Paragraph 5 is added after Paragraph 4 in Article 22, and it reads:
»(5) When
the owner of telecommunications infrastructure is not established, the Council
may, at the request of the concessionaire of radio-diffusive services or the
operator, provided the technical conditions are met, issue a temporary decision
until the final establishment of ownership right, which in entirety replaces
the contract referred to in Paragraph 2 of this Article.«
Article 16
A new Item 6
is hereby added after Item 5 in Article 23, Paragraph 1, and it reads:
»6. services of fixed wireless access.«
Item 1 in
Paragraph 2 is hereby amended and it now reads:
»1. transmission of voice, sound, data, documents, images and
other, without the use of the radio-frequency spectrum, except for public voice
services,«.
Paragraph 4
is hereby amended and it now reads:
»(4) The
provisions concerning program contents prescribed by a special act regulating
the area of electronic media shall apply accordingly to the program contents
produced, broadcasted and/or published by the performance of telecommunications
services referred to in Paragraphs 1 and 2 of this Article.«
Article 17
Paragraph 3
in Article 27 is hereby amended and it now reads:
»(3) In
cases referred to in Article 26
Paragraph 1 hereof, the Council may decide to terminate the provision of
notified telecommunications services to persons referred to in Paragraph 1 of
this Article,.«
A new
Paragraph 4 is added after Paragraph 3, and it reads:
»(4) The
provisions of Article 26, Paragraphs 2, 3 and 4 hereof shall apply accordingly
to the decision ordering termination of the provision of notified telecommunications
services referred to in Paragraph 3 of this Article. «
Article 18
Paragraph 2
in Article 31 is hereby amended and it now reads:
»(2) The
concession for frequency for the provision of telecommunications services in
the mobile telecommunications network may be renewed on the basis of a public
tender referred to in Article 24, Paragraph 1 hereof, in which the Agency shall
particularly evaluate the performance of activities of existing concessionaires
of these telecommunications services.«
Article 19
A full stop
at the end of the sentence in Article 33, Paragraph 5 is substituted for a
comma and the following words are hereby added: »and the concessionaire is not
entitled to damages.«.
Article 20
The heading
of Article 34 and Article 34 are hereby amended and now read:
»Evaluation
of Concentration
Article 34
(1) The
operators and service providers shall notify the Croatian Competition Agency in
writing, of each intention of merger or consolidation of operators or service
providers, of gaining control or prevailing influence in a company of the
operator or service provider, of joint venture in the field of
telecommunications, as well as the intention of creating any type of joint or
harmonised operation of operators or service providers, which is considered to
be a concentration, subject to the obligation of submitting the notification
under the protection of market competition regulations.
(2) With the
notification of intention of concentrating referred to in Paragraph 1 of this
Article, the operators and service providers shall also provide to the Croatian
Competition Agency the Agency’s opinion on possible implications of such
concentration on the relevant market.
(3) The
Croatian Competition Agency shall evaluate the notification of intention to make
concentration as referred to in Paragraph 1 of this Article and shall issue a
decision in compliance with the provisions regulating the protection of market
competition.«
Article 21
A comma
after the word: “minister” in Article 36 Paragraph 1 is substituted by a full
stop and the words: “where the amount of the fee must not disrupt free
competition” are hereby deleted.
A new
Paragraph 3 is added after Paragraph 2, and it reads:
»(3) The
charges for the licence, notification and authorization referred to in
Paragraph 1 of this Article shall be determined in an amount not exceeding the
amount for administrative fees arising out of the performance, control and
implementation of the procedure for issuing a licence or authority, i.e. the
procedure of receipt of the application.«
Former
Paragraph 3 is hereby renumbered as Paragraph 4.
Article 22
The words:
»ordinance passed by the Minister« in Article 40 Paragraph 6 are hereby
substituted by the words: »ordinance referred to in Article 37 Paragraph 3
hereof«.
Article 23
The words:
»Article 40, Paragraph 6« in Article 41, Paragraph 6 are
hereby substituted by the words: »Article 37, Paragraph 3«.
Article 24
The heading
of Article 42 and Article 42 are hereby amended and now read:
»Special
Obligations of Public Telecommunications Service Providers
Article 42
(1) The
public telecommunications service providers must also ensure an equal
availability of their services in the public telecommunications network to
disabled users.
(2) The
public telecommunications service providers must ensure to the users of their
services an appropriate protection from abuse and fraud in the public
telecommunications network.
(3) In cases
referred to in Paragraph 2 of this Article, the users of public
telecommunications services shall not bear the costs caused by a third person
to the service users or service providers.«
Article 25
Paragraph 2
in Article 44 is hereby amended and it now reads:
»(2) The
Itemized bill referred to in Paragraph 1 of this Article must contain all the
necessary details which enable the users of services a simple check and control
of the costs incurred by the provision of these services, i.e. by the use of the public
telecommunications network. These data shall not include details about
free-of-charge calls, except for calls referred to in Article 73, Paragraph 4
hereof, neither details about calls to emergency telephone numbers, nor data
that are incompatible with provisions of special regulations on the protection
of personal data.«
Article 26
In Article
48, Paragraph 7, the words: “and the persons registered to provide directory
enquiry service about subscriber numbers” are added after the words: “users of
services”.
Article 27
The heading
of Article 49 and Article 49 are hereby amended and now read:
»Submitting
and Handling Complaints and Claiming Compensation
Article 49
(1) A
subscriber or a service user may submit a complaint to the service provider
about the amount charged for the provided telecommunications service, as well
as a complaint about the quality of the telecommunications services provided.
(2) The
subscriber or user of services shall submit the complaint referred to in
Paragraph 1 of this Article, in writing to the competent service of the service
provider which handles the complaint resolution procedure. The complaint must
contain facts and evidence that serve as its basis.
(3) The
subscriber or user of services may submit the complaint referred to in
Paragraph 1 of this Article within 30 days from the billing date for the
provided telecommunications services if the complaint concerns the amount
charged for the provided telecommunications services. If the complaint concerns
the quality of the provided telecommunications service, it may be submitted
within 30 days from the provided telecommunications service.
(4) In the
case that the complaint referred to in Paragraph 1 of this Article is
submitted, the competent service of the service provider shall check the amount
charged for the telecommunications service provided, alternatively, the quality
of the telecommunications service provided. Based on this check, the competent
service must either confirm the amount owed or adjust it to reflect the correct
amount.
(5) Before
the complaint is resolved, the subscriber or user of services who submitted a
complaint about the amount charged as referred to in Paragraph 1 of this
Article, shall pay an average amount of his/her charges in the period of a
maximum of three months preceding the period covered by the complaint. If this
complaint concerns certain calling numbers, i.e. a certain type of outgoing
calls in the bill for the public voice services provided, the service provider
must enable without delay, at the request of the subscriber or the user of
services, blocking of such outgoing calls free of charge, until the complaint
is resolved.
(6) The
subscriber or user of services who submitted a complaint about the quality of
telecommunications service as referred to in Paragraph 1 of this Article, may
claim compensation of damages from the service provider if found that the
quality of provided telecommunications service was below the level of service
quality determined by the Ordinance on Telecommunications Services referred to
in Article 23 Paragraph 3 hereof, general operating conditions of the service provider,
or by a contract concluded with the service provider.
(7) The
service provider shall not be obliged to pay for the damages referred to in
Paragraph 6 of this Article if the level of quality of the telecommunications
service provided is below the prescribed or agreed level of service quality due
to objective causes which could not have been anticipated or eliminated (force majeure).
(8) The
service provider is obliged to deliver a written response to the subscriber or
user of services on whether the submitted complaint referred to in Paragraph 1
of this Article bears grounds, at the latest within 45 days from the submitted
complaint.
(9) In case
of a dispute between the subscriber or the user of services and the service
provider concerning the amount charged as referred to in Paragraph 4 of this
Article, or concerning the amount of compensation for damages as referred to in
Paragraph 6 of this Article, the subscriber or the user of services may, at the
latest within 30 days from the day of receipt of the written response referred
to in Paragraph 8 of this Article, submit a written request for dispute
resolution to the Council of Users of Telecommunications Services.
(10) The
provisions of general regulations governing civil obligations shall apply to all
issues concerning the claims referred to in this Article and their respective
statutes of limitation.«
Article 28
The heading
of Article 50 and Article 50 are hereby amended and now read:
»Dispute
Resolution with Mediation of the Council of Users of Telecommunications
Services
Article 50
(1) The
Council of Users of Telecommunications Services (hereinafter: The Council of
Users) shall be established with the Agency as an advisory body that mediates
in resolving disputes between the service providers and users of services, as
well as performs other tasks related to the protection of rights of users of
public telecommunications services, in accordance with the provisions of this
Article.
(2) The
Council of Users consists of nine members appointed by the Minister for a
period of four years. In the procedure of their appointment, the Minister may
previously publicly announce a vacancy.
(3) Persons
who do not satisfy the requirements referred to in Article 9, Paragraph 7
hereof may not be appointed as members of the Council of Users.
(4) The
chairman and deputy chairman of the Council of Users are elected by the Council
of Users by a majority of votes of all the members of the Council of Users.
(5) The
Minister may dismiss members of the Council of Users before the expiry of their
term of office.
(6) The
Council of Users shall issue decisions, put forward proposals and opinions by a
majority vote of all members of the Council of Users at the sessions of the
Council of Users.
(7) In the
mediation procedure referred to in Paragraph 1 of this Article, the Council of
Users shall apply the mediation and arbitration rules in accordance with the
provisions of special regulations.
(8) The
mediation procedure shall start by acceptance of the proposal for instituting
mediation proceedings, filed in writing by the service providers and the users
of services as the parties in dispute, in compliance with the provisions of a
special regulation on mediation.
(9) The
parties in dispute shall appoint, in mutual agreement, one or more mediators
who are authorised based on the parties’ agreement to conduct the mediation
proceedings. In case of inability to
reach an agreement on the number and/or actual mediators, the Council of Users
shall appoint one mediator among the judges or attorneys. The mediator shall be
an independent and unbiased person, and shall treat equally and fairly each of
the parties in dispute.
(10) The
mediation proceedings shall be conducted in compliance with the parties’
written agreement. Unless the parties in dispute agreed otherwise, the mediator
shall conduct the mediation proceedings whatever way he/she finds appropriate,
taking account of all the facts and circumstances relevant for dispute
resolution, parties’ requests and the need to reach a swift and permanent
resolution of the dispute. The mediator may at any time during the mediation
proceedings propose settlement as resolution of the dispute, including the
content of that particular solution.
(11) The
mediation proceedings shall be closed in any of the following cases:
– reaching
the resolution of the dispute,
– decision of the mediator to discontinue the mediation
proceedings, when the mediator finds further efforts to reach an amicable
resolution of the dispute ineffective,
– written
statement of any party in dispute on the withdrawal from the mediation
proceedings, unless two or more of the remaining parties in dispute intend to
further pursue mediation proceedings,
– if the
dispute resolution is not reached within 60 days from the acceptance of the
proposal to institute the mediation proceedings referred to in Paragraph 8 of
this Article.
(12) In case
of dispute resolution, the parties shall enter into a settlement and the
mediator may, at the request of the parties in dispute, participate in the
drafting of such settlement. The settlement shall be an enforceable instrument
if the notary public certifies parties’ signatures on the settlement.
(13) The
mediator shall report, in writing, to the Council of Users upon the completion
of the mediation proceedings referred to in Paragraph 11 of this Article. The
provisions of a special regulation on mediation shall apply accordingly to all
other matters associated with mediation proceedings that are not covered by
this Article.
(14) In
cases when the mediation proceedings were completed without a positive outcome,
the Council of Users may direct the parties in dispute to institute arbitration
proceedings before filing a complaint to the authorized court.
(15) The
arbitration proceedings for dispute resolution referred to in Paragraph 1 of
this Article shall be agreed and carried out in accordance with the provisions
of a special regulation on arbitration.
(16) In the
arbitration proceedings, the Council of Users shall enjoy rights and
obligations of an arbitration institution that organises and ensures the
functioning of the arbitration court, including the appointment of arbitrators,
receipt of the complaint and delivery of the verdict to the parties in dispute,
in compliance with the provisions of the special regulation referred to in
Paragraph 15 of this Article.
(17) The
Council of Users shall monitor and analyse the state of affairs in the field of
public telecommunications services, particularly the provision of universal
telecommunications services, and shall regularly report to the Agency about
this. The Council of Users shall specifically undertake measures aimed at
improvement of public availability of information and promotion of rights of
users of public telecommunications services.
(18) The Council
of Users may put forward proposals and opinions to the Agency to undertake
measures and improve the state of affairs in the field of protection and
exercise of rights of users of public telecommunications services, particularly
the users of universal telecommunications services.
(19) With a
view of performing tasks of the Council of Users in compliance with the
provisions of this Article, the Agency shall provide necessary data to the
Council of Users, as well as notifications and documentation which it collects
and keeps in compliance with the provisions hereof, taking account of the
obligation of non-disclosure of official secrets.
(20) The
work of the Council shall be public. The Council of Users must regularly
publish data on the disputes referred to in Paragraph 1 of this Article, that
were resolved in the mediation or arbitration proceedings, as well as the data
on the disputes referred to in Paragraph 1 of this Article in which a complaint
was filed before the competent court. The data on the disputes mediated by the
Council of Users, as well as the opinions, i.e. proposals of the Council of
Users referred to in Paragraphs 17 and 18 and the acts of the Council of Users
referred to in Paragraphs 21 and 22 of this Article, shall be published in accordance
with the provisions of Article 14 hereof.
(21) The
Council of Users shall submit an annual report on its work to the Ministry and
the Agency, not later than the end of February for the previous calendar year.
(22) The
Council of Users shall pass an ordinance on its work.
(23) The
members of the Council of Users are entitled to a monthly remuneration for
their work in an amount determined by the Minister. The costs of the Council of
Users and the remuneration for other costs to the members of the Council of
Users shall be allocated from the funds of the Agency.
(24) The
professional, administrative and technical tasks for the needs of the Council
of Users shall be carried out by the Agency.«
Article 29
The heading
of Article 51 and Article 51 are hereby amended and now read:
»Operators
and Service Providers with Significant Market Power
Article 51
(1) An
operator or service provider shall be considered to have significant market
power on the relevant market if his market share on that relevant market exceeds
25%.
(2) The
Agency’s Council may, ex officio or
at the request of the operator or service provider, determine by a decision
that the operator or service provider referred to in Paragraph 1 of this
Article, does not have significant market power on the relevant market, in
accordance with the ordinance referred to in Paragraph 5 of this Article.
(3) The
Agency’s Council may, ex officio or
at the request of the operator or service provider, determine by a decision
that an operator or service provider whose market share on the relevant market
is below 25%, has significant market power on that relevant market, in
accordance with the ordinance referred to in Paragraph 5 of this Article.
(4) The
market share referred to in Paragraphs 1 and 3 of this Article shall be
considered to be a percentage share of income of the operator or service
provider on the relevant market in the total income generated on that relevant
market.
(5) The
conditions and manner of determining relevant markets in the context of provisions
of Paragraphs 2 and 3 of this Article shall be described in more detail by an
ordinance passed by the minister.
(6) Prior to
issuing a decision which determines the operator or service provider with
significant market power on the relevant market, the Agency’s Council may
request an opinion of the Croatian Competition Agency.
(7) At least
once a year, the Agency shall publish in the Official Gazette of the Republic
of Croatia a list of relevant markets and operators, or service providers who
have significant market power on these relevant markets, in accordance with
Article 14 Paragraph 4 hereof.
(8) In the
procedure of issuing a decision in accordance with the provisions of Paragraphs
2 and 3 of this Article, the Agency’s Council shall particularly take account
of each of the following indicators:
1. market share of the operator or service provider,
2. existence of efficient competition or possible competition,
3. restrictions for the entry of new entrants on the market,
4. influence of huge service users to the market power of an
operator or service provider,
5. elasticity of offer and demand,
6. level of development of the relevant market,
7. technological advantages,
8. development of sales and distributive networks,
9. existence of local economy or economy of scale,
10. vertical integration level,
11. product differentiation level,
12. possibilities of access to financial funds.
(9) The
Agency’s Council may also determine by a decision the existence of joint
significant market power of two or more operators or service providers, in
accordance with the provisions of this Article, particularly taking account of
each of the following indicators:
1. common market share and similarity of market shares,
2. level of development of the relevant market,
3. stagnating or moderate increase of demand,
4. elasticity of offer and demand,
5. homogeneity of services,
6. lack of technical innovation and technology obsoleteness,
7. lack of excess capacities,
8. restrictions for the entry of new entrants on the market,
9. influence of huge service users on the market power of
operators or service providers,
10. existence of efficient competition or possible competition,
11. various types of unofficial or other links between operators
or service providers,
12. existence of efficient countermeasures,
13. lack or limited possibility of price competition.
(10) The
operators or service providers with significant market power on the relevant
market shall provide their services to all participants on the market under
comparable circumstances, equal conditions and at the same level at which they
provide those services for their own needs or the needs of associated
companies, observing the principles of non-discrimination, transparency and
cost orientation of tariff systems and open network access.«
Article 30
Paragraph 7
in Article 53 is hereby amended and it now reads:
»(7)
The operators with significant market power must, at the request of the
Agency’s Council, provide standard interfaces and enable the use of special
interfaces.«
Article 31
The words:
»More detailed conditions for network access, including interconnection, shall
be prescribed« in Article 59, Paragraph 1 are hereby
substituted by the words: »The manner and conditions for access to the
telecommunications network and interconnection shall be prescribed in more
detail«.
Paragraph 2
is hereby amended and it now reads:
»(2) The
Ordinance referred to in Paragraph 1 of this Article shall specifically
stipulate the minimum scope of the reference offers for interconnection and
interconnection agreements, pricing regulation principles for interconnection,
the manner and conditions for shared use of telecommunications infrastructure
and equipment, the dispute resolution procedures and obligations of the
operator and the Agency concerning network access and interconnection.«
Article 32
Article 60
is hereby amended and it now reads:
»(1) The
operators of fixed public telephone networks, designated by the Agency’s
Council as the operators with significant market power on the relevant market
of services of fixed public telephone networks, namely, public voice services
and services of transfer of speech, sound, data, documents, images and other in
the fixed telecommunications network, shall, at the request of other operators,
enable access to their unbundled local loop and related facilities, observing
the principles of transparency, equality, non-discrimination and cost
orientation.
(2) The
operators referred to in Paragraph 1 of this Article shall be under the
obligation to negotiate the request for unbundled access to the local loop. If
an agreement on unbundled access to the local loop between the operators may
not be reached within 30 days from the date of receipt of the request for
unbundled access to the local loop, the operators engaged in negotiations on
unbundled access to the local loop may contact the Agency with that request.
(3) The
prices for the provision of unbundled access to the local loop and related
facilities shall be determined in compliance with the principles of
transparency, non-discrimination, objectivity and cost orientation, and must be
based on true costs of services provided, including a reasonable rate of return
on investments.
(4) The
operators referred to in Paragraph 1 of this Article must provide the service
of unbundled access to the local loop and related facilities under equal
conditions and terms, and a level of service quality which may not be less than
the level at which they provide those services to their own subscribers, or a
level of services for the needs of their associated companies.
(5) The
operators referred to in Paragraph 1 of this Article must, at the request of
the Agency’s Council, prepare and deliver a reference offer for access to their
unbundled local loops and related facilities, which must be itemized in detail
and must in particular contain the conditions for unbundled access to the local
loop, including the price for that service, which may not include the costs of
constituent parts of the telecommunications network or related facilities that
are not necessary for the provision of that service.
(6) The
Agency’s Council shall, within 30 days from the receipt of the reference offer
referred to in Paragraph 5 of this Article, approve the reference offer,
alternatively request modification or supplements to the reference offer.
(7) In the
case of request for modification or supplement to the reference offer referred
to in Paragraph 5 of this Article, the operators are obliged to deliver the
modified or supplemented reference offer to the Agency within fifteen days from
the receipt of such a request. If the modifications or supplements to the
reference offer were not made in compliance with the request, the Agency’s
Council shall, within an additional eight days, either modify or supplement the
reference offer by a decision and deliver it to the operators for the purpose
of its publication.
(8) The
operators referred to in Paragraph 1 of this Article shall appropriately
publish the reference offers referred to in Paragraph 5 of this Article, within
eight days from the receipt of the approval to the reference offer, or from the
receipt of the decision referred to in Paragraph 7 of this Article.
(9) The
operators referred to in Paragraph 1 of this Article are obliged to update
their reference offers referred to in Paragraph 5 of this Article regularly,
not less than once a year. It is required to obtain the approval of the
Agency’s Council for modifications and supplements to the reference offer.
(10) With a
view of ensuring non-discrimination, enhancing fair market competition,
economic efficiency and most favourable conditions for the users of services,
the Agency’s Council, if deemed necessary, is entitled to do the
following:
– make the
modification or supplement to the reference offer referred to in Paragraph 5 of
this Article, including the prices, when justified,
– request the operators referred to in Paragraph 1 of this
Article to provide required data concerning the implementation of the local
loop unbundling procedure.
(11) If the
Agency’s Council, with the previously obtained opinion of the Croatian
Competition Agency, finds that the market of services of unbundled access to
the local loop is sufficiently developed, it shall relieve the operators
referred to in Paragraph 1 of this Article of the obligation to determine the
prices for unbundled access to the local loop and related facilities based on
cost orientation.
(12) The
Agency’s Council shall settle disputes between operators concerning unbundled
access to the local loop by accordingly applying the provisions of Article 56
Paragraph 12 hereof.«
Article 33
Article 61
is hereby amended and it now reads:
»(1) The
manner and conditions for unbundled access to the local loop shall be
prescribed in more detail by the Ordinance on unbundled access to the local
loop passed by the Minister.
(2) The
Ordinance referred to in Paragraph 1 of this Article shall particularly
regulate the minimum scope of the reference offer and of the contract on
unbundled access to the local loop, pricing regulation principles for unbundled
access to the local loop, the manner and conditions for shared use of
equipment, the dispute resolution procedures and the obligations of the
operators and the Agency concerning unbundled access to the local loop and related
facilities.«
Article 34
In Article
62, Paragraph 4, the word: “of services” is hereby inserted after the word: ”user” .
Paragraph 7
is hereby amended and it now reads:
»(7) The
mandatory contents of general operating conditions referred to in Paragraph 1
of this Article shall be prescribed by the Ordinance on Telecommunications
Services referred to in Article 23, Paragraph 3 hereof.«
A new
Paragraph 8 is added after Paragraph 7, and it reads:
»(8)
The Agency’s Council may determine by a decision additional clauses which must
be included into the general operating conditions referred to in Paragraph 1 of
this Article.«
Article 35
Paragraph 2
in Article 63 is hereby amended and it now reads:
»(2) The
pricing system principles for telecommunications services provided only by one
service provider in domestic and international telecommunications traffic, as
well as the service provider with
significant power on the relevant market, shall be prescribed by the Ordinance
on telecommunications services referred to in Article 23 Paragraph 3 hereof.«
Paragraph 5
is hereby amended and it now reads:
»(5)
The user shall pay for the service according to the service price list
determined by the service provider. The price may contain a one-time fee which
corresponds to the price of connection, a fee for a monthly or a longer
calculation period which corresponds to the price of access to the
telecommunications system, price of realized telecommunications traffic, as
well as other constituent parts of the pricing system.«
Paragraph 7
is hereby amended and it now reads:
»(7) The
Agency’s Council may, for the purpose of resolving a certain dispute, order a
change of the prices for services provided by the service provider referred to
in Paragraph 3 of this Article.«
Paragraph 10
is hereby amended and it now reads:
»(10) The
Agency’s Council may issue a decision ordering suitable changes of the prices
for services in case of lack of efficient market competition, in case the
operator or service provider with significant market power on the relevant
market infringes the principles of transparency, equality and cost orientation
of prices for services, in the following manner:
1. charging too high prices for services,
2. precluding market entry to other participants,
3. restricting market competition by charging excessive or too
low prices for services,
4. providing unjustified benefits to certain users of services,
5. unjustified connection of certain types of services.«
Paragraph 11
is hereby amended and it now reads:
»(11) The
Agency’s Council may, when determining the change in prices of services
referred to in Paragraph 10 of this Article, apply the following procedures:
1. determine the maximum prices for services,
2. regulate individual prices for services,
3. cost orientation of prices for services,
4. determine prices for services pursuant to the prices on
comparable markets.«
Paragraph 12
is hereby amended and it now reads:
»(12) The
Agency must ensure that the systems of monitoring expenses used by the
operators and service providers with significant market power on the relevant
market are suitable for application of the principles of transparency and cost
orientation in the pricing system for end-users of services. The method of
costs monitoring shall be determined by a decision of the Agency.«
Article 36
In Article
66, Paragraph 2, the words: »in writing« are hereby
deleted.
In Paragraph
8, the words: »the format and the contents of the application form referred to
in Paragraph 1 of this Article, the time limits for dealing with applications«
are hereby substituted by the words: »the format and the contents of the
application form and the time limits for dealing with applications«.
Article 37
In Article
70, Paragraph 1, the words: »it determines the following« are substituted by
words: »it determines that any of the following conditions has been met«.
At the end
of the sentence in Paragraph 2, a full stop is hereby substituted by a comma,
with simultaneous insertion of the words: »and the operators, service providers
and end-users of services are not entitled to remuneration of costs.«
Article 38
Paragraph 2
in Article 71 is hereby amended and it now reads:
»(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 a prescribed form
jointly by both operators or service providers referred to in Paragraph 1 of
this Article, and the Agency may also, depending on available technical
capabilities, receive the request electronically.«
Article 39
Paragraph 5
in Article 72 is hereby amended and it now reads:
»(5) The
manner and conditions of providing number portability and carrier pre-selection
in fixed and mobile telecommunications networks, as well as the schedule and
dynamics of introducing these services in the Republic of Croatia, shall be
prescribed in greater detail by an ordinance passed by the Minister.«
Article 40
In Article
73, new Paragraphs 4 and 5 are added after Paragraph 3, and then read:
»(4) The
operators and service providers must enable the users of public
telecommunications services free-of-charge calls to the Single European
Emergency Call Number, as well as to the current emergency call numbers, from
any telephone device, including all public pay telephones.
(5) The
operators and service providers must deliver to the central authority in charge
of receiving emergency calls, in accordance with a special regulation, data on
names and surnames or company names of callers, the calling line and the
location from which the call was made.«
Former
Paragraph 4, which is renumbered as Paragraph 6, is hereby amended and it now
reads:
»(6)
The manner, conditions and the dynamics for the introduction and use of the
Single European Emergency Call Number shall be stipulated in greater detail by
an ordinance passed by the Minister.«
Article 41
The heading
of Article 74 and Article 74 are hereby deleted.
Article 42
Paragraph 3
in Article 75 is hereby amended and it now reads:
»(3)
The efficient management of the radiofrequency spectrum, including the purpose
of the radiofrequency areas and allocation of radio frequencies, must be based
on the principles of transparency, objectivity, proportionality and
non-discrimination.«
A new
Paragraph 4 is added after Paragraph 3, and it reads:
»(4)
The database of the radiofrequency spectrum, which is kept by the Agency, must
specifically include a list of assigned and available radio frequencies and
radiofrequency channels pursuant to the
allocation plans referred to in Article 77 hereof, with associated data on the
purpose and use of these radiofrequencies and channels, the geographical area
of their use and the owners, or users of radio stations to whom these
radiofrequencies and channels were allocated.«
Article 43
In
Article 77, Paragraph 1, a full stop is added after the word: »Act« and the
remainder of the sentence is hereby deleted.
Paragraph 3
is hereby amended and it now reads:
»(3)
The Agency shall regularly, at least
once in every three months, deliver the Radio Frequency Assignment Plans concerning
the radio and television frequency areas, to the Electronic Media Council, with
an overview of assigned and available radio frequencies and other necessary
technical data.«
Paragraph 4
is hereby amended and it now reads:
»(4) Within
the Radio Frequency Assignment Plans referred to in Paragraph 3 of this
Article, the Agency shall particularly make plans for radio frequencies for the
needs of the public institution, Croatian Radio-Television.«
Article 44
Paragraph 2
in Article 78 is hereby amended and it now reads:
»(2) The
conditions for the assignment and use of radio frequencies for maritime and
aeronautical radio-communications services
and inland navigation radio-communications services may be stipulated in
more detail by the ordinance referred to in Article 84 Paragraph 3 hereof.«
Article 45
Paragraph 2
in Article 80 is hereby amended and it now reads:
»(2) The
conditions for the assignment and use of radio frequencies intended for
citizens (citizens’ frequency band, CB) may be stipulated in more detail by the
Ordinance referred to in Article 84 Paragraph 3 hereof.«
Article 46
In Article
84, a new Paragraph 4 is hereby added after Paragraph 3, and it reads:
»(4)
Depending on available technical capabilities, the Agency may also receive the
requests for issuing licenses, referred to in Paragraph 1 of this Article,
electronically.«
Article 47
Article 85
is hereby amended and it now reads:
»(1) The
license for the use of radio frequencies shall be issued to a legal entity
which has been granted a 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, Paragraph 1
hereof.
(2) The
license for the use of radio frequencies shall be issued concurrently with the
conclusion of the concession agreement referred to in Article 30 Paragraph 1
hereof.
(3) The
concessionaire of public telecommunications services referred to in Paragraph 1
of this Article shall communicate to the Agency data on the geographic location
and technical data for each basic station installed in its mobile
telecommunications network, within eight days from the date when the basic
station started operation.
(4) The
concessionaire of public telecommunications services referred to in Paragraph 1
of this Article shall, at the request of the telecommunications inspector or
telecommunications supervisor, submit a report on performed radio measurements
on basic stations in its mobile telecommunications network, in accordance with
the Ordinance referred to in Article 30 Paragraph 1 hereof.
(5) On the
basis of the report of the concessionaire referred to in Paragraph 3 of this
Article, the Agency shall, in accordance with the ordinance referred to in
Article 101 Paragraph 2 hereof, issue a Safety Certificate, thereby confirming
that the installed basic station in the mobile telecommunications network does
not radiate electro-magnetic fields the range of which exceeds the allowed
values.
(6) The
Safety Certificate referred to in Paragraph 5 of this Article constitutes a
requirement for issuance of the operating permit for the basic station, which
is issued pursuant to a special act regulating construction.«
Article 48
In Article
86, Paragraph 4, the words “may be prolonged to 60 days« are hereby substituted
by the words: »may be extended to a maximum of 120 days«.
Paragraph 6
is hereby amended and it now reads:
»(6) Certain
types of radio stations, for which the Agency issues a permit for a radio
station, shall be subject to technical inspection to be performed by the Agency
or a legal entity authorised by the Agency’s Council, in the manner and under
the conditions prescribed by the Ordinance referred to in Article 30 Paragraph
1 hereof.«
Paragraph 8
is hereby amended and it now reads:
»(8)
By virtue of exception, the Agency may, on the basis of a submitted request,
issue a temporary license referred to in Paragraph 1 of this Article, for a
radio station or radio system used for the purpose of market or technical
survey, research or projects, or for the needs of sports or other events of
temporary nature, for a maximum period of three months, provided the conditions
referred to in Paragraph 1 of this Article are met. After the expiry of that
term, the radio station or radio system may only be used under the conditions
prescribed by this Act.«
Article 49
A new
Paragraph 1 is added in Article 91, and it reads:
»(1) A
license for a radio station and license for the use of radio frequencies shall
cease to be valid on the day of expiry stated in the license, except in the
case referred to in Article 89 Paragraph 2 hereof.«
In former
Paragraph 1, which is renumbered as Paragraph 2, Item 1 is deleted, and former
Items 2 – 6 are renumbered as Items 1 – 5.
Former
Paragraph 2 is hereby renumbered as Paragraph 3.
Article 50
In Article
95, a new Paragraph 3 is hereby added after Paragraph 2, and it reads:
»(3)
In the case referred to in Paragraph 2 of this Article, neither the provisions
hereof concerning issuance of the licence for the use of radio frequencies,
license for a radio station and general license, nor the provisions concerning
the payment of fees for assignment and use of radio frequencies, shall apply to
radio stations of the Armed Forces of the Republic of Croatia, or police or
security services of the Republic of Croatia.«
In former
Paragraph 3, which is hereby renumbered as Paragraph 4, the words: »shall be
prescribed« are substituted by the words: »may be prescribed in more detail«.
Article 51
In Article
97, Paragraph 5, a comma and the words »and of the same identification mark «
are added after the word: »manufacturer«.
A new
Paragraph 6 is added after Paragraph 5, and it reads:
»(6) A legal
or physical person may import R&TT equipment for own needs into the
Republic of Croatia, as well as samples of R&TT equipment intended for
testing, display and presentation in public in the territory of the Republic of
Croatia, in a way prescribed by the Ordinance referred to in Article 98
Paragraph 1 hereof.«
Former Paragraph
6, which is hereby renumbered as Paragraph 7, is amended and it now reads:
»(7)
The Agency shall publish, in an appropriate manner, a list of R&TT
equipment for which the approval referred to in Paragraph 4 of this Article was
issued .«
A new Paragraph
8 is hereby added after Paragraph 7, and it reads:
»(8) Special
conditions referred to in Paragraph 3 of this Article, which the R&TT
equipment intended for maritime and aeronautical services must comply with,
shall be determined pursuant to special regulations.«
Article 52
In the
heading of Article 98, the words: »Framework Principles« are hereby substituted
for the words: »Detailed Conditions«.
Paragraph 2
in Article 98 is hereby amended and it now reads:
»(2) The
Ordinance referred to in Paragraph 1 of this Article shall particularly specify
the manner and procedures of conformity assessment of R&TT equipment with
the essential requirements referred to in Paragraph 3 of this Article, the
manner and procedures of authorising the body for conformity assessment of the
R&TT equipment, the procedure of issuing approvals for import and placing
on the market of the R&TT equipment, marks and manner of marking R&TT
equipment, as well as provisions on harmonised standards and other European and
international standards required for conformity assessment of R&TT
equipment.«
Article 53
In Article
99, Paragraph 1, a comma after the word: »Act« is hereby erased, and the words:
»which must also contain a photocopy of the original declaration« are
substituted by the words »and a photocopy of the original Statement of
Conformity, if such equipment was not manufactured in the Republic of Croatia«.
In Paragraph
3, the words: »putting the R&TT equipment into service« are
substituted by the words: »putting the R&TT equipment on the market«.
Article 54
In the
heading of Article 100, the words: »the Right to Connect« are substituted by
the words: »Connecting the R&TT Equipment«.
Paragraph 4
in Article 100 is hereby amended and it now reads:
»(4)
R&TT equipment which does not conform with the essential requirements
referred to in Article 98 Paragraph 3 hereof, may be displayed and presented in
public in the territory of the Republic of Croatia, provided that it be clearly
and evidently indicated that the use of such R&TT equipment shall not be
allowed in the Republic of Croatia.«
Article 55
In Article
101, Paragraph 3, the words: »and radio stations« are hereby deleted.
Article 56
A comma
after the word: »telecommunications« in Article 102, Paragraph 1 is hereby
erased and the word »and« is added, while the words: »or radio stations« are
deleted.
Paragraph 3
is hereby amended and it now reads:
»(3) The
ordinance referred to in Paragraph 2 of this Article shall particularly
prescribe the manner and procedure for assessment of conformity of electrical
and other technical equipment with the requirements relating to electromagnetic
compatibility (EMC), the manner and procedure for the authorisation of bodies
involved in the assessment of conformity, the marks and manner of marking
electrical and other technical equipment, as well as the provisions on
harmonised standards and other European and international standards in the
field of electromagnetic compatibility (EMC).«
Article 57
A full stop
at the end of the sentence in Article 103, Paragraph 2 is hereby substituted
for a comma and the following words are added : »in accordance with the
ordinance referred to in Article 30 Paragraph 1 hereof.«
Article 58
Paragraph 1
in Article 104 is hereby amended and it now reads:
»(1)
The owners, or users of electrical and other technical equipment or radio
stations must enable the Agency or a legal entity authorised by the Agency’s
Council to carry out undisturbed inspection and necessary measurements and
testing in order to identify the source of interference, provide necessary
assistance and enable insight into the documentation necessary for carrying out
such an inspection, measurement and testing.«
Paragraph 2
is hereby amended and it now reads:
»(2) If the
inspection, measurements and testing referred to in Paragraph 1 of this Article
reveal that electrical and other technical equipment or a radio station causes
interferences exceeding the level allowed by law, the telecommunications
supervisor shall in writing request the owner, or user of such equipment or
radio station to remove the interferences within a prescribed term, which may
not exceed 30 days, and to notify the Agency, as well as the person referred to
in Article 103 Paragraph 1 Items 1 and 2 hereof, if necessary.«
The words: »the
legal entity 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« in Paragraph 3, shall be
substituted by the words: »the telecommunications supervisor shall undertake
prescribed measures and inform the telecommunications inspector about this«.
The words:
»at the request and with the participation of inspectors of telecommunications
and an authorised employee of the Agency« in Paragraph 4 are hereby substituted
by the words: »at the request of the Agency and in cooperation with the
telecommunications supervisor«.
Article 59
The words:
»the service provider« in Article 108, Paragraph 3 are
substituted by the words: »the provider of public telecommunications services«.
Article 60
The second
sentence in Article 110, Item 2 is hereby deleted.
A new
Paragraph 2 is added after Paragraph 1, and it reads:
»(2)
The Agency shall, with the approval of the Ministry, determine a list of
competent state bodies and emergency services with pertinent calling numbers
referred to in Paragraph 1 Item 2 of this Article, and it shall regularly, not
less than once a year, and in an appropriate manner, publish the list in the
Official Gazette of the Republic of Croatia.«
Article 61
The heading
of Chapter XIII is hereby amended and it now reads:
»XIII
INSPECTION AND EXPERT SUPERVISION«.
Article 62
The heading
of Article 112 and Article 112 are hereby amended and now read:
»Performing Inspection
Control
Article 112
(1) The
Ministry shall carry out inspection tasks related to the enforcement of the
provisions hereof and the regulations passed pursuant thereto, as well as to
treaties and agreements in the field of telecommunications that are binding in
the
(2) The
inspection control tasks referred to in Paragraph 1 of this Article shall be
carried out by telecommunications inspectors.
(3) The
inspection tasks related to the enforcement of the provisions hereof,
regulating possession of the licence for a radio station referred to in Article
86 and general license referred to in Article 87, shall be carried out by the
ministry competent for internal affairs.
(4) The
ministry competent for interior affairs shall perform the inspection tasks
referred to in Paragraph 3 of this Article either ex officio or at the request of the telecommunications inspector.
(5) In
addition to the telecommunications inspector, the inspection control tasks
related to the enforcement of the provisions hereof and regulations passed
pursuant thereto, regulating import and placing on the market of R&TT
equipment and electrical and other technical equipment, shall also be carried
out by the State Inspectorate inspector who is authorised to undertake measures
related to this control in accordance with this Act and special regulations.
(6) Legal
and physical persons, to whom the provisions hereof apply, shall enable the
telecommunications inspector to carry out the inspection control, particularly
to inspect the telecommunications infrastructure and equipment, radio station
and other R&TT equipment, and they shall make available or submit required
data, notifications and documentation relating to the inspection control
without delay.
(7) When
carrying out the inspection control, the telecommunications inspector shall be
authorised to inspect the business premises, buildings, equipment, business
documentation and other items kept with the inspected persons, to use their
technical means and equipment, to hear individuals in the administrative
proceedings, to inspect identification documents of persons, and carry out
other actions in compliance with the purpose of the inspection control.
(8) The
telecommunications inspector must have on him/her an official card and badge,
which prove his/her official capacity, identity and authority.
(9) The
format and content of the card and badge, and the use of the official card and
badge shall be stipulated in an ordinance passed by the Minister.
(10) The
telecommunications inspector shall take minutes of the performed inspection
control, determined state of affairs, and for measures and actions undertook or
ordered. The telecommunications inspector shall hand over a copy of the minutes
for the inspection control to the inspected person.
(11) The
telecommunications inspector shall keep records of performed inspection
controls. The content and manner of keeping records shall be stipulated in an
ordinance passed by the Minister.«
Article 63
A new
heading and a new Article 112a are added After Article 112, and then read:
»Performing Expert
Supervision
Article 112a
(1) The
Agency shall carry out expert supervision of the provision of
telecommunications services and activities, which are provided pursuant to a
concession, license, written application or authority, expert supervision of
the work of the users of radiofrequencies and owners, or users of radio
stations, as well as expert supervision of the enforcement of the provisions
hereof regulating the control of the radiofrequency spectrum, as well as
measurements and testing for the purpose of determining the sources of
interferences referred to in Articles 102 and 103 hereof, as well as
undertaking measures for the removal thereof.
(2) The
expert supervision tasks referred to in Paragraph 1 of this Article shall be
carried out by telecommunications supervisors, who are employees of the
Agency’s administrative service.
(3) The
telecommunications supervisor shall regularly report in writing to the
telecommunications inspector on the performed expert supervision and the
determined state of affairs, within a maximum of 30 days from the completion of
the expert supervision.
(4) In
addition to expert supervision tasks referred to in Paragraph 1 of this
Article, the telecommunications supervisor shall, at the request of the
telecommunications inspector, cooperate in the performance of inspection
control tasks.
(5) Legal
and physical persons, to whom the provisions hereof apply, shall enable the
telecommunications supervisor to carry out the expert supervision, particularly
to inspect the telecommunications infrastructure and equipment, radio station
and other R&TT equipment, and they shall make available or submit required
data, notifications and documentation relating to the expert supervision
without delay.
(6) When
carrying out the expert supervision, the telecommunications supervisor shall be
authorised to inspect the business premises, buildings, equipment, business
documentation and other items kept with the inspected persons, to use their
technical means and equipment, to inspect identification documents of persons,
and carry out other actions in compliance with the purpose of expert
supervision.
(7) The
telecommunications supervisor must have on him/her an official card and badge,
which prove his/her official capacity, identity and authority.
(8) The
format and content of the card and badge, and the use of the official card and
badge shall be stipulated in the Ordinance referred to in Article 112,
Paragraph 9 hereof.
(9) The
telecommunications supervisor shall make a report on the expert supervision
performed, the determined state of affairs and measures and actions undertook
or ordered. The telecommunications supervisor shall hand over a copy of the
report on expert supervision to the inspected person.
(10) The
telecommunications supervisor shall keep records on performed expert
supervision. The content and manner of keeping records shall be stipulated in
an ordinance referred to in Article 112, Paragraph 11 hereof.«
Article 64
The heading
of Article 113 and Article 113 are hereby amended and now read:
»Authorities
of the Telecommunications Inspector
Article 113
(1) When
carrying out the inspection control referred to in Article 112 hereof, the
telecommunications inspector shall have the following duties and obligations:
1. to order
the provision of telecommunications services and activities in accordance with
the provisions hereof and regulations passed pursuant thereto, and in
accordance with the conditions determined in the decision on granting
concession and the concession agreement, license, written application or
authority,
2. to order the remedy of found irregularities, faults or
omissions within a certain term,
3. to forbid
the provision of telecommunications services or activities for which a valid
concession or license has not been obtained, or for which the prescribed
concession agreement has not been concluded, or for which the prescribed
written request to the Agency was not submitted in advance, or for which the
prescribed authorisation was not obtained, or if telecommunications services or
activities have repeatedly been provided contrary to the provisions hereof and
regulations passed pursuant thereto, and to define the measures in order to
terminate further provision of such services and activities,
4. to forbid
the operation and use of a radio station or other R&TT equipment for which
a valid license has not been obtained, or if such radio station or other
R&TT equipment has repeatedly been used contrary to the provisions hereof
and regulations passed pursuant thereto, and to define the measures in order to
terminate further operation and use of such radio station or other R&TT
equipment,
5. to
temporarily forbid the operation and use of telecommunications equipment, radio
station or other R&TT equipment, causing harmful interference or other
disturbances, until such disturbances be removed,
6. to forbid
the import, manufacturing, sale, leasing and use of telecommunications
equipment, radio station or other R&TT equipment, that do not conform with
the requirements established by this Act and the regulations passed pursuant
thereto, and to determine measures for its temporary or permanent withdrawal
from the market,
7. to forbid
installation of technical equipment in the protected zone or radio corridor of
radio stations, or in the zone of telecommunications infrastructure and
equipment or connecting route, if the installation of such equipment is not in
conformity with the provisions hereof and regulations passed pursuant thereto,
8. to
inform, without delay, the construction inspection in writing, in case of
carrying out works or construction of new buildings in the protected zone or
the radio corridor of radio stations, or the zone of telecommunications
infrastructure and equipment or connecting route, if the carrying out of such
works or construction of such buildings is not in conformity with the
provisions hereof and regulations passed pursuant thereto, and with special
regulations governing construction.
(2) Within
the framework of measures referred to in Paragraph 1 of this Article, the
telecommunications inspector shall have authority to fully or partly seal or
temporarily seize telecommunications equipment, radio station or other R&TT
equipment, which shall be entered into the minutes of the inspection control,
with mandatory issuance of a certificate to that effect. The form, content and
manner of use of the seal for equipment sealing shall be stipulated by an
ordinance passed by the Minister.
(3) If the
telecommunications inspector, either during the inspection control or on the
basis of a report submitted by the telecommunications supervisor, finds that a
misdemeanour has occurred by violation of the provisions hereof or regulations
passed pursuant thereto, he/she shall without delay, and at the latest 30 days
from the completion of the inspection control or receipt of the report, submit
a request to institute misdemeanour proceedings to the qualified misdemeanour authority, in compliance
with the provisions of the Misdemeanour Act.
(4) In
addition to the request to institute the misdemeanour proceedings referred to
in Paragraph 3 hereof, the telecommunications inspector may issue a
misdemeanour order in accordance with the provisions of the Misdemeanour Act,
ordering pecuniary fines and protective measures, prescribed by the provisions
referred to in Articles 116, 116a and 117 hereof.
(5) The
misdemeanour order referred to in Paragraph 4 of this Article may be issued
against a legal or physical person, or against a person liable to the
respective legal entity.
(6) The
qualified misdemeanour authority referred to in Paragraph 3 of this Article
shall report to the Ministry on the outcome of the proceedings.«
Article 65
A new
heading and Article 113.a are added After Article 113, and they read:
»Authorities
of the Telecommunications Supervisor
Article
113.a
(1) When
performing expert supervision referred to in Article 112.a hereof, the
telecommunications supervisor shall have the following duties and obligations:
1. to carry
out expert supervision and inspect the provision of telecommunications services
and activities that are provided pursuant to a concession, license, written
application or authority, and specifically the fulfilment of conditions
determined by this Act and regulations passed pursuant thereto, i.e. conditions
determined in a decision on granting concession and the concession agreement,
license, written application or authority,
2. to carry
out expert supervision of the users of radio frequencies and owners, or users
of radio stations, particularly the fulfilment of conditions determined by this
Act and regulations passed pursuant thereto, i.e. conditions determined in the
license for the use of radio frequencies, license for a radio station or a
general license,
3. to carry
out expert supervision of telecommunications infrastructure and equipment,
radio stations or other R&TT equipment, as well as electrical and other
technical equipment, and to inspect fulfilment of conditions determined by this
Act and regulations passed pursuant thereto,
4. to
determine the cause of harmful interferences, electromagnetic interferences or
other disturbances caused by the radio station or other R&TT equipment,
telecommunications equipment or electrical and other technical equipment, and
to order or undertake measures for the removal thereof,
5. to carry
out expert supervision and inspect the performance of measurements, testing and
removal of found interferences, which are carried out in compliance with the
provisions hereof and regulations passed
pursuant thereto, or to personally carry out, alternatively, to order the
taking of necessary measurements, testing or the removal of found interferences,
6. to propose to the telecommunications inspector to undertake
appropriate measures referred to in Article 113 Paragraphs 1, 3 and 4 of this Act ,
7. to undertake other measures that he/she is authorised to
undertake in accordance with the provisions of this Act.
(2) When
carrying out the measures referred to in Paragraph 1 of this Article, the telecommunications
supervisor shall have the authority, in cases that require application of
temporary measures without delay, to order removal of found irregularities,
deficiencies or omissions, temporary forbid the provision of telecommunications
services or activities, i.e. to temporarily forbid the operation and use of
telecommunications equipment, radio station or other R&TT equipment or
electrical and other technical equipment.
(3) The
telecommunications supervisor shall report in writing to the telecommunications
inspector without delay on the performed or ordered temporary measures referred
to in Paragraph 2 of this Article.
(4) When
carrying out the measures referred to in Paragraph 1, Items 2, 3 and 4 and
Paragraph 2 of this Article, the
telecommunications supervisor shall have the authority referred to in Article
113, Paragraph 2 hereof.
(5) If the
telecommunications supervisor, during the expert supervision referred to in
Article 112a Paragraph 1 hereof, finds that a misdemeanour has occurred by
violation of the provisions hereof or regulations passed pursuant thereto,
he/she shall without delay report in writing to the telecommunications
inspector on the performed expert supervision and the determined state of
affairs, with a proposal to undertake appropriate measures referred to in
Article 113 Paragraphs 1, 3 and 4 hereof.
(6) In
addition to the obligation referred to in Paragraph 5 of this Article, the telecommunications
supervisor shall have the authority, in case of determining a misdemeanour
referred to in Article 116 Paragraph 1 Items 1 and 2 hereof, to issue a
misdemeanour order in accordance with the provisions of Article 113
Paragraphs 4 and 5 hereof, whereby
he/she may order pecuniary fines and protective measures, prescribed by the
provisions referred to in Article 116
hereof, and file a request to institute misdemeanour proceedings with the
competent misdemeanour authority, in accordance with the provisions of the
Misdemeanour Act.
(7) The
competent authority referred to in Paragraph 6 of this Article shall report to
the Agency on the outcome of the proceedings.«
Article 66
The heading
of Article 114 and Article 114 are hereby amended and now read:
»Enforcement
of Decisions of the Telecommunications Inspector and Telecommunications
Supervisor
Article 114
(1) No
appeal may be filed against the decisions of the telecommunications inspector
and telecommunications supervisor, but an administrative dispute may be
instituted before the Administrative Court of the
(2) The
proceedings before the Administrative Court of the
(3) In case
of non-compliance with the decisions referred to in Paragraph 1 of this
Article, the telecommunications inspector or telecommunications supervisor
shall declare an administrative measure against a physical person or a person
liable to the legal entity to which the decision refers, expressed in monetary
funds to the amount of twenty times the average salary in the Republic of
Croatia during the previous quarter. Each subsequent administrative measure
shall be imposed in double that amount.
(4) The administrative
measure referred to in Paragraph 3 of this Article shall be enforced by the
bodies competent for collection of pecuniary fines imposed for misdemeanour
offences, and the amount shall be paid to the benefit of the State Budget of
the Republic of Croatia.«
Article 67
The heading
of Article 115 and Article 115 are hereby amended and now read:
»Authorization
for Conducting Misdemeanour Proceedings
Article 115
(1) The
(2) In
compliance with the provisions of the Misdemeanour Act, the telecommunications
inspector and telecommunications supervisor may both issue a misdemeanour order
in the misdemeanour proceedings, under the conditions stipulated herein.«
Article 68
The heading
of Article 116 and Article 116 are hereby amended and now read:
»Grave
Violations of the Provisions of this Act
Article 116
(1) A
pecuniary fine in the amount of 1% to a maximum 5% of value of the total annual
gross income generated by the provision of telecommunications services and
activities, realized in the fiscal year preceding the year in which the
violation was committed, shall be imposed upon a legal entity:
1. if it fails to comply with the decision of the Agency’s
Council in accordance with the provisions of Article 13, Paragraph 7 hereof,
2. if it fails to comply with the request of the Agency
referred to in Article 15, Paragraph 1 hereof,
3. if it fails to pay the amount referred to in Article 16,
Paragraph 3 hereof within the prescribed term,
4. if it fails to submit notification of intention to
concentrate in accordance with the provisions of Article 34 hereof,
5. if it
fails to pay the prescribed fee for the provision of telecommunications
services and activities in accordance with the provisions of Article 36, Paragraphs 1 and 4 hereof,
6. if it fails to publish, or fails to set or adjust, the
prices of its telecommunications services in accordance with the provisions of
Article 63 hereof.
(2) A person
liable to the legal entity shall also be fined for a violation referred to in
Paragraph 1 of this Article by a pecuniary fine in an amount ranging from HRK
20,000.00 to 100,000.00.
(3) By way
of derogation from the provision referred to in Paragraph 2 of this Article, if
the liable person has committed the violation intentionally, he/she will be
fined with a pecuniary fine ranging from HRK 50,000.00 to 200,000.00.
(4) If a
physical person has committed the violation referred to in Paragraph 1 of this
Article, he/she will be fined with a pecuniary fine ranging from HRK 5,000.00
to 15,000.00.
(5) For the
violation referred to in Paragraph 1 of this Article, the protective measure of
prohibiting performance of business activities in the duration from six months
to two years may also be imposed.
(6) The
material gain realized by the violation shall be seized.«
Article 69
A new
Article 116a is added after Article 116, and it reads:
»Article
116.a
(1) A
pecuniary fine ranging from HRK 20,000.00 to 500,000.00 shall be imposed upon a
legal entity for the following violations:
1. if it hires a member of the Agency’s Council who was
dismissed from duty, contrary to the provision of Article 10, Paragraph 3 hereof,
2. if it
does not fulfil requirements concerning installation, use or maintenance of
telecommunications infrastructure and equipment, or a radio station, in
accordance with the provisions of Article 18 hereof,
3. if it connects its telecommunications network without the Agency’s
approval referred to in Article 19, Paragraph 1 hereof,
4. if it, as
a foreign operator, connects its telecommunications network with another
foreign operator on the state territory of the Republic of Croatia, without the
Ministry’s approval referred to in Article 19, Paragraph 4 hereof,
5. if it
provides public telecommunications services with the use of the radiofrequency
spectrum contrary to the provisions of Article 24, Paragraphs 1, 2 and 4 hereof,
6. if it
provides telecommunications services which do not require the use of the
radiofrequency spectrum contrary to the provisions of Article 25, Paragraphs 1,
2, 9 and 10 hereof,
7. if it transfers the concession to another legal entity
contrary to the provisions of Article 32 hereof,
8. if it fails to provide the Universal Telecommunications
Services telecommunications in accordance with the provisions of Article 37
hereof,
9. if it fails to ensure proper and undisturbed functioning of
its telecommunications system pursuant to the provision of Article 39 Paragraph
1 hereof,
10. if it fails to pay the prescribed fee to the Universal
Telecommunications Services Fund in accordance with the provisions of Article
41 hereof,
11. if it fails to enable insight and control of data on
occurred costs, or to produce an Itemized bill to the users of services, in
accordance with the provisions of Article 44 hereof,
12. if it fails to provide the services to all participants on
the market in accordance with the provisions of Article 51 Paragraph 10 hereof,
13. if it
fails to provide the services of access to the telecommunications network or
abuses its significant market power, in accordance with the provisions of
Article 52 hereof,
14. if it
fails to offer standard or special interfaces or a special access to the telecommunications
network, or it fails to deliver or publish the data on interfaces in accordance
with the provisions of Article 53 hereof,
15. if it fails to comply with additional obligations concerning
the request of the service provider for access to the telecommunications
network in accordance with the provisions of Article 54 hereof,
16. if it fails to meet the minimum requirements for leased
telecommunications lines in accordance with the provisions of Article 55
hereof,
17. if it
fails to make a list of reference offers for interconnection, or fails to
notify the Agency on the concluded interconnection agreement, or fails to set
the prices for interconnection, or fails to deliver the prescribed data, or
does not comply with other requirements related to interconnection in
accordance with the provisions of Article 56 hereof,
18. if it subsidises the provision of telecommunications
services contrary to the provisions of Article 57 Paragraphs 1 and 3 hereof,
19. if it
fails to perform structural and accounting separation of its business
activities in accordance with the provisions of Article 57 Paragraphs 2, 4 and 5 hereof,
20. if it restricts network access and interconnection contrary
to the provisions of Article 58 hereof,
21. if it
fails to allow access to its unbundled local loop and related facilities, or
fails to determine prices for the provision of unbundled access to the local
loop and related facilities, or fails to prepare the reference offer for
unbundled access to the local loop and related facilities, or fails to meet
other conditions concerning unbundled access to the local loop in accordance
with the provisions of Article 60 hereof,
22. if it
fails to prepare or publish in an appropriate manner the general operating
conditions in accordance with the provisions of Article 62 hereof,
23. if it cedes telecommunications infrastructure or free
telecommunications capacities contrary
to the provisions of Article 64 hereof,
24. if it
fails to pay the prescribed fee for the use of addresses or numbers in
accordance with the provisions of Article 66 Paragraphs 7 and 8 hereof,
25. if it uses addresses or numbers contrary to the provisions
of Article 67 hereof,
26. if it transfers the rights to use the addresses or numbers
contrary to the provisions of Article 71 hereof,
27. if it fails to enable the service of number portability,
selection or pre-selection of operator in accordance with the provisions of
Article 72 hereof,
28. if it
fails to introduce a Single European Emergency Call Number or fails to treat
calls directed to that number or existing emergency telephone numbers in
accordance with the provisions of Article 73 hereof,
29. if it fails to obtain the prescribed license for the use of
radiofrequencies referred to in Article 85 hereof,
30. if it uses the radio station without a prescribed license
referred to in Article 86 hereof,
31. if it
continues to use the radio station or radio system after the expiry of the
deadline in the temporary license for a radio station contrary to the
provisions of Article 86, Paragraph 8 hereof,
32. if it violates the provisions on confidentiality of radio
messages, signals or communications referred to in Article 93 hereof,
33. if,
after the receipt of the signal of danger, or calls, messages or communications
which are broadcast in case of emergency, it acts contrary to the provisions of
Article 94 hereof,
34. if it fails to pay the prescribed fee for allocation and use
of radiofrequencies in accordance with the provisions of Article 96 hereof,
35. if it
imports, places on the market, puts into operation or uses radio equipment or
telecommunications terminal equipment, or samples of such equipment, contrary
to the provisions of Article 97 hereof,
36. if it
fails to enable undisturbed inspection, measurements and testing in order to
identify the source of interference or fails to remove the disturbances found
within the prescribed term in accordance with the provisions of Article 104,
37. if it
fails to undertake appropriate measures to safeguard the security of its
telecommunications services or telecommunications network, or fails to inform
the users of services, or fails to designate a liable person in accordance with
the provisions of Article 105 hereof,
38. if it violates the provisions on confidentiality of telecommunications
communications or related telecommunications traffic data referred to in
Article 106, Paragraph 1 hereof,
39. if it uses the public telecommunications network contrary to the provisions of Article 106,
Paragraph 4 hereof,
40. if it fails to treat the telecommunications traffic data in
accordance with the provisions of Article 107 hereof,
41. if it
uses calling systems with or without human mediation, facsimile machines or
electronic mail, for the purpose of direct marketing, or uses data on electronic addresses of
consumers or sends electronic mail for the purpose of direct marketing contrary
to the provisions of Article 111 hereof,
42. if it
fails to enable the telecommunications inspector to carry out inspection
control or inspect the telecommunications infrastructure and equipment, radio
station or other R&TT equipment, or fails to make available or submit
required data, notifications or documentation relating to the inspection
control without delay, in accordance with the provisions of Article 112,
Paragraphs 6 and 7 hereof,
43. if it
fails to enable the telecommunications supervisor to carry out supervisory
control or inspect the telecommunications infrastructure and equipment, radio
station or other R&TT equipment, or fails to make available or submit
required data, notifications or documentation relating to the supervisory
control without delay, in accordance with the provisions of Article 112a
Paragraphs 5 and 6 hereof.
(2) A person
liable to the legal entity shall also be fined for a violation referred to in
Paragraph 1 of this Article by a pecuniary fine in an amount ranging from HRK
10,000.00 to 50,000.00.
(3) By way
of derogation from the provision referred to in Paragraph 2 of this Article, if
the liable person has committed the violation intentionally, he/she will be
fined with a pecuniary fine ranging from HRK 20,000.00 to 100,000.00.
(4) If a
physical person has committed the violation referred to in Paragraph 1 of this
Article, he/she will be fined with a pecuniary fine ranging from HRK 2,000.00
to 10,000.00.
(5) For the
violation referred to in Paragraph 1 of this Article, the protective measure of
prohibiting performance of business activities in duration of three months to
one year, may be imposed.
(6) For the
violation referred to in Paragraph 1 of this Article, the protective measure of
seizure of a radio station and/or other R&TT equipment may be declared. In
case of violation referred to in Paragraph 1, Item 41 of this Article, the protective measure of seizure of computer and/or other
technical equipment may also be declared.
(7) The
material gain realized by the violation shall be seized.«
Article 70
Article 117
is hereby amended and it now reads:
(1) A
pecuniary fine ranging from HRK 5,000.00 to 100,000.00 shall be imposed upon a
legal entity for the following violations:
1. if it
fails to plan, design, produce, construct, install, build-in, maintain or use
telecommunications infrastructure and equipment in accordance with the
provisions of Article 17, Paragraphs 1,
2, 3, 4 and 5 hereof,
2. if it
fails to ensure, at its own cost, reception of radio or television programs of
the Croatian Radio Television or a concessionaire of radio-diffusion services
on the territory covered by the concession, within 60 days from the date the
interference was established, with an equal quality of reception as had existed
before the interference occurred, in accordance with the provisions of Article
17, Paragraph 6 hereof,
3. if it
installs technical equipment in the zone of telecommunications infrastructure,
equipment or connecting route, i.e. the protection zone or radio corridor of a
radio station contrary to the provisions of Article 20, Paragraph 3 hereof,
4. if it plants seedlings contrary to the provisions of Article
20, Paragraph 6 hereof,
5. if, in
the case when appropriate technical conditions are met, it rejects to conclude
a contract at the request of concessionaires of radio-diffusive services or
operators in accordance with the provisions of Article 22 hereof,
6. if it provides
services in the professional mobile radio (PMR) network, or connects this
network to the public telecommunications network contrary to the provisions of
Article 24, Paragraph 13 hereof,
7. if it, as
a virtual mobile network operator, provides public telecommunications services
contrary to the provisions of Article 24, Paragraph 14 hereof,
8. if it
provides telecommunications services referred to in Article 23, Paragraph 2
hereof contrary to the provisions of
Article 27 hereof,
9. if it
provides telecommunications services with the use of the free radio frequency
spectrum contrary to the provisions of
Article 28 hereof,
10. if it provides activities in telecommunications without the
prescribed authorisation referred to in Article 35 hereof,
11. if it
fails to notify without delay, the Ministry or the Agency in writing, or the
users of universal telecommunications services via mass media, on the
occurrence of circumstances referred to in Article 39, Paragraph 2 hereof,
12. if it
fails to ensure equal availability of its services in the public
telecommunications network to disabled users of services, in accordance with
the provision of Article 42, Paragraph 1 hereof,
13. if it
fails to ensure to the users of its services appropriate protection from abuse
and fraud in the public telecommunications network, in accordance with the provision of Article 42, Paragraph 2
hereof,
14. if it concludes a written contract with a subscriber
contrary to the provisions of Article 43, Paragraph 3 hereof,
15. if it introduces a new telecommunications service contrary
to the provisions of Article 43, Paragraph 4 hereof,
16. if it fails to carry out the procedure of temporary or
permanent disconnection of subscriber terminal equipment in accordance with the
provisions of Article 45 hereof,
17. if it
fails to ensure to the subscribers a simple and free-of-charge barring of
certain types of outgoing calls, i.e. calls to certain numbers of groups of
numbers, in accordance with the provisions of Article 46 hereof,
18. if it
fails to ensure to the subscribers a simple and free-of-charge prevention of
automatic diverting of calls, or fails to ensure a simple and free-of-charge
diverting of calls in accordance with the provisions of Article 47 hereof,
19. if it
fails to organise or fails to update a public subscriber directory, or fails to
provide a directory enquiry service on subscriber numbers, or fails to meet
reasonable requests for access to subscriber data submitted by the users of
services or persons registered for providing directory enquiry service on
subscriber numbers, or fails to treat the subscriber personal data in
accordance with the provisions of Article 48 hereof,
20. if it
fails to report prescribed data on basic stations to the Agency, or fails to
submit the prescribed report about performed radio measurements, or fails to
obtain a prescribed Security Certificate in accordance with the provisions of
Article 85 hereof,
21. if it
uses a radio station without the performed technical inspection in accordance
with the provision of Article 86, Paragraph 6 hereof,
22. if it fails to obtain the general license referred to in
Article 87, Paragraph 1 hereof,
23. if,
during the sale of a radio station, it fails to issue a copy of the related
general license in accordance with the provision of Article 87, Paragraph 3 hereof,
24. if it
fails to undertake efficient measures without delay, which prevent further
operation of the radio station in accordance with the provisions of Article 91,
Paragraph 3 hereof,
25. if it fails to identify the radio station in accordance with
the provisions of Article 92 hereof,
26. if, during the placing on the market of radio equipment or
telecommunications terminal equipment, it fails to comply with the provisions
of Article 99 hereof,
27. if, during putting into service or connecting the radio
equipment or telecommunications terminal equipment, it fails to comply with the
provisions of Article 100 hereof,
28. if it
displays or presents in public radio equipment or telecommunications terminal
equipment in the Republic of Croatia, which
does not conform with the essential requirements referred to in Article
98, Paragraph 3 hereof, contrary to the provisions of Article 100, Paragraph 4
hereof ,
29. if it
imports, places on the market, puts into service or uses radio equipment or
telecommunications terminal equipment which radiates electromagnetic fields the
range of which exceeds the allowed values, contrary to the provisions of
Article 101 hereof ,
30. if it
manufactures, imports, places on the market or uses electrical or other
technical equipment which causes electromagnetic disturbances, or does not
comply with the electromagnetic compatibility (EMC) requirements, in accordance
with the provisions of Article 102 hereof,
31. if it
fails to enable prevention of the display of the outgoing call identification,
or rejection of incoming calls, or prevention of the display of the connected line
identification, in accordance with the provisions of Article 108 hereof,
32. if it
fails to process location data without telecommunications traffic data, in accordance with the provisions of
Article 109 hereof.
(2) A person
liable to the legal entity shall also be fined for a violation referred to in
Paragraph 1 of this Article by a pecuniary fine in an amount ranging from HRK
2,000.00 to 10,000.00.
(3) By way
of derogation from the provision referred to in Paragraph 2 of this Article, if
the liable person has committed the violation intentionally, he/she will be
fined with a pecuniary fine ranging from HRK 5,000.00 to 15,000.00.
(4) If a
natural person has committed the violation referred to in Paragraph 1 of this
Article, he/she will be fined with a pecuniary fine from HRK 1,000.00 to
5,000.00.
(5) For the
violation referred to in Paragraph 1 of this Article, the protective measure of
seizure of a radio station and/or other R&TT equipment may be implemented.
(6) The
material gain realized by the violation shall be seized.«
Article 71
A new
heading, entitled “Statute of Limitation”, is hereby added above Article 118.
Article 118
is hereby amended and it now reads:
»(1)
The misdemeanour proceedings for violation of provisions hereof or the
regulations passed pursuant thereto may not be instituted after the expiry of
three years from the day of the committed violation.
(2) The
statute of limitation referred to in Paragraph 1 of this Article shall be
interrupted by submitting a request to institute the misdemeanour proceedings,
by issuing a misdemeanour order, as well as any other action of an authorized
body undertaken for the purpose of prosecution of the offender. After each
interruption, the statute of limitation shall be restarted, but the
misdemeanour proceedings may in no case be conducted upon the expiry of double
the time referred to in Paragraph 1 of this Article.
(3) Imposed
misdemeanour penalties may not be enforced after the expiry of three years from
the day when the misdemeanour decision became final.
(4) The
statute of limitation for enforcement of the penalty shall be interrupted by
each action of an authorized body undertaken for the purpose of enforcement of
the penalty. After each interruption, the statute of limitation shall be
restarted, but the penalties may in no case be enforced after the expiry of
double the time referred to in Paragraph 3 of this Article.«
Article 72
The words:
»obtain the license« in Article 119, Paragraph 9 are hereby substituted by the
words: »submit the request for approval«.
Paragraph 11
is hereby deleted.
Article 73
A comma
after the words: »general acts« in Article 121, Paragraph 4 is hereby
substituted by a full stop, and the words: »and within further 10 days publish
a competition for the director of the Agency« are deleted.
The words:
»Paragraph 3« in Paragraph 5 are hereby substituted by
the words: »Paragraph 4«.
Paragraph 6
is hereby deleted.
Former
Paragraph 7 is hereby renumbered as Paragraph 6.
Article 74
(1) The
Agency's Council shall harmonize the Agency’s Statute and other general acts of
the Agency with the provisions hereof, within three months from the day this
Act enters into force.
(2) The
Minister shall announce a public tender for appointment of the director of the
Agency within 30 days from the day of the entry into force of this Act.
(3) The
Minister shall appoint the members of the Council of Users within 60 days from
the day this Act enters into force.
(4) The
Agency shall set up a database and make it available in accordance with the
provisions of Articles 9 and 42 hereof, within six months from the day when
this Act enters into force.
Article 75
(1) The
Minister shall pass regulations that he/she is authorised to pass pursuant to
the provisions hereof at the latest within one year from the day when this Act
enters into force.
(2) Before
the regulations referred to in Paragraph 1 of this Article enter into force,
the subordinate legislation regulating the matters concerned shall apply,
provided it is not contrary to the provisions hereof.
Article 76
The
Legislation Committee of the Croatian Parliament is hereby authorised to
prepare and publish the consolidated text of the Telecommunications Act.
Article 77
This Act
shall enter into force on the eighth day from its publication in the Official
Gazette.
Class:
344-03/05-01/01
THE CROATIAN PARLIAMENT
President
of the
Croatian Parliament
Vladimir
Šeks, m.p.