STANDING ORDERS
on the conditions for issuing a licence for commercial telecommunications services

I. GENERAL PROVISIONS

Article 1
(commercial telecommunications services)

These standing orders stipulate the conditions which providers (hereinafter: operators) of the following commercial telecommunications services must meet:

• data telecommunications
• leasing telecommunications lines
• cable communications and distribution systems
• public telephone booths
• VSAT satellite connections
• global broadband and multimedia telecommunications connections.

In accordance with these standing orders, commercial telecommunications services are telecommunications services which providers regularly perform for the public as a commercial activity (hereinafter: telecommunications services).

Article 2
(terms)

In addition to the terms specified in the law on telecommunications (hereinafter: the law), the terms used in these standing orders shall mean the following:

• leasing telecommunications lines is a commercial telecommunications
  services whereby the operator leases to the lessee specific-capacity
  public telecommunications network lines for the transfer of signals;
• broadband global and multimedia telecommunications link services are
  commercial telecommunications services which enable the transfer and
  exchange of a combination of two or more types of information such as
  text, graphics, voice and pictures with transfer rates greater than the
  primary rate; access to Internet services shall also be treated as such
  services;
• cable distribution systems are telecommunications networks and
  equipment which enable the transfer of signals of radio and television
  programmes and of the information related thereto, broadcast from a
  central point to subscribers who are individually connected via a cable
  or other electromagnetic system;
• cable communications systems are telecommunications networks and
  equipment which in conjunction with a cable distribution system provide
  other telecommunications services to subscribers.

II. COMMON PROVISIONS

Article 3
(conditions for obtaining a licence)

• Operators shall be obliged to meet the following conditions to obtain a
  licence to provide commercial telecommunications services (hereinafter:
  licence):
  that they are legal or natural persons registered for an appropriate
  activity and meets the conditions for performing such activity in the
  Republic of Slovenia,
• that they have access to suitable telecommunications networks or
  telecommunications equipment,
• that, in the period of three years prior to submission of the
  application for a licence, no licence to provide telecommunications
  services was withdrawn, and no concession for providing
  telecommunications services conditional on the appropriate use of the
  radio-frequency spectrum ceased, through fault of their own,
• that, in the period of three years prior to submission of the
  application they were not subject to a measure under a final decree by
  the inspector from article 53 of the Law.

The provisions of the third and fourth indents of the previous paragraph shall apply mutatis mutandis for all other persons who have such status and authorisation within the legal person as to be able to influence the provision of telecommunications services.

Article 4
(licence applications)

Licences shall be issued by the Telecommunications Administration of the Republic of Slovenia (hereinafter: Administration) on the basis of an applicant's application.

Article 5
(application elements)

In their applications, applicants must state:

• telecommunications services with a description or statement of the
  standard for which a licence is being applied for,
• the telecommunications network or telecommunications equipment to be
  used,
• interval following the start of validity of the licence within which
  the services will start to be provided,
• extent of telecommunications services which the provider intends to
  perform, and the dynamic of growth to achieve the final extent of
  services,
• manner of maintaining records on services,
• prices of telecommunications services;
• technical and quality standards under which the provider will provide
  telecommunications services,
• technical solutions used to provide essential services and services
  for invalids, if telecommunications services so enable.

Applicants shall be obliged to submit together with the application:

• extract from the court register with a list of partners, unless the
  provider is a joint-stock company;
• statement by the applicant, or a list of members of the board and the
  supervisory council, together with their statements, to the effect that
  they fulfil the conditions from the third and fourth indents of article
  3 of these standing orders;
• evidence that the telecommunications network and telecommunications
  equipment was constructed in accordance with the regulations on the
  construction of structures;
• evidence that the terminal equipment meets the technical requirements
  stipulated in the regulations from article 27 of the Law;
• evidence, statement or data on the fulfilment of the other conditions
  prescribed by these standing orders for individual telecommunications
  services.

Article 6
(order of processing applications)

The administration shall rule on applications for licences in the order in which they are received. Whenever multiple applications for the same type of services in the same area arrive, the decree on the later application may only be issued once all previous applications have been ruled upon.

Article 7
(duration of licence)

Unless otherwise requested by the applicant or stipulated by these standing orders, licences for providing telecommunications services shall be issued for an indefinite period.

Licences shall be issued to provide one or more types of telecommunications services in the extent and area stemming from the application of the applicant, unless otherwise stipulated by regulations.

Article 8
(fixed-term licences)

If on submission of the application the telecommunications network or telecommunications equipment to be used by the investor has no user licence for telecommunications networks or equipment, the licence shall be issued for a period of one year.

Licences from the previous paragraph shall be amended to permanent licences on submission of the user licence for the telecommunications network or equipment.

Article 9
(transferability of licences and permits)

Operators may, with the consent of the administration, transfer the licences to provide telecommunications services in whole or in part to a second party who fulfils the conditions determined by these standing orders.

The evidence from the second paragraph of article 5 of these standing orders must be submitted together with the application for consent from the Administration for the person who will take over the provision of telecommunications services.

The administration shall refuse consent if it determines that the new licence holder fails to meet the conditions for obtaining a licence.

Article 10
(revocation of licences)

The Administration shall revoke licences by decree if:

• the licence application contained false information,
• the conditions from the licence are no longer met,
• the provider violates the regulations pursuant to which the licence
  was issued,
• the provider ceases to exist.

Article 11
(list of issued licences)

The administration shall maintain a list of issued licences, in which shall be written:

• licence holder,
• type of telecommunications services provided by the licence holder,
• interval for which the licence was issued,
• technical standards and standards of quality for the provision of
  services from the licence,
• withdrawal of licence.

The administration shall also maintain separate information on the prices at which providers provide services.

The list of issued licences and information on prices shall be public.

Article 12
(telecommunications service records)

Operators shall be obliged to maintain records on telecommunications services provided.

Providers shall be obliged to keep separate records for individual types of telecommunications services.

At the request of the administration, operators shall be obliged to allow inspection of the records or to send an extract from the records.

Article 13
(reporting to the Administration)

For the purposes of maintaining records on the status and quality of telecommunications services, and for statistical purposes, operators shall be obliged on every change and at least once a year or on request to report the following information to the Administration:

• prices of telecommunications services,
• extent of coverage (quantity, area) of telecommunications services,
• the interval after signing contracts with subscribers which the
  provider can ensure the provision of individual telecommunications
  services from such contracts,
• technical specifications which must be met by interfaces and terminal
  equipment for performing services,
• quality of service provision, which primarily covers the average
  number and extent of interruptions to service provision and other
  faults, and the average time to remove faults.

Operators may mark individual data from the second and fourth indent of the previous paragraph as commercial secrets.

Operators shall be obliged to publish or otherwise render accessible to the public and interested persons data from the first paragraph not marked as commercial secrets at least once a year.

Article 14
(operator's general conditions)

Operators shall be obliged to issue general conditions under which they perform their activities, to submit such conditions to the Administration, and publish them in such a way that they are accessible to all subscribers and other interested persons.

The general conditions from the previous paragraph must ensure the same position to all users of the same type.

Article 15
(operator-subscriber contract)

Unless the subscriber requests otherwise or the operator was issued a licence for a fixed term, operators shall be obliged to sign contracts with subscribers under which subscriber relations are established for an unlimited term for the provision of telecommunications services.

Article 16
(time of provision of telecommunications services)

Unless otherwise agreed with the subscriber and stipulated in the licence, providers shall be obliged to provide telecommunications services 24 hours a day and 7 days a week.

Article 17
(removal of faults)

Operators shall be obliged to ensure the removal of faults in the operations of their systems in such a way that they receive and respond to telephone calls on faults within the interval stipulated in the
general conditions from article 14, and that unless otherwise stipulated in their licence they start to remove the fault without delay.

Article 18
(service billing)

Unless the contract from article 15 stipulates otherwise, operators shall be obliged to calculate and send a bill once a month.

At the request of the subscriber, operators shall be obliged to send to the subscriber an itemised bill, provided that the service is of a type which permits this. The bill may be restricted to those connections and calls the price of which exceeds the minimum amount stipulated in the general conditions from article 14.

In calculating, itemising and delivering bills, operators shall be obliged to ensure the protection of personal data, the protection of data being processed, sent and archived, and the protection of privacy.

Article 19
(numbering plan)

If numbers or domains are required for the provision of telecommunications services, these shall be issued by the Administration.

In allocating numbers or domains to their subscribers, operators shall be obliged to use equal and objective criteria in a non-discriminatory manner.

Article 20
(own terminal equipment)

Whenever a subscriber wishes to use his own telecommunications equipment to use telecommunications services, the operator shall be obliged to allow connection to the network of all terminal equipment which meets the technical requirements stipulated in the regulations from article 27 of the Law and which has appropriate documentation and markings.

Article 21
(operator's rights)

Notwithstanding the provisions of the previous article, operators may temporarily disconnect or otherwise restrict the use of terminal equipment if a subscriber:

• despite prior written warning, fails within the interval stipulated in
  such warning to adapt telecommunications signals on the terminal
  equipment to the regulations issued pursuant to the Law,
• despite prior written warning fails within the interval stipulated in
  such written warning to adapt the capacity of his or her
  telecommunications equipment to the telecommunications traffic,
• fails within the interval stipulated in the written reminder to pay
  the costs of telecommunications services and other contractually agreed
  payments.
• through their behaviour or messages upsets or otherwise disturbs other
  subscribers,
• fails to cooperate or prevents metering, removal of faults and other
  works performed by authorised persons of the operators which are
  required for the uninterrupted operation of the telecommunications
  network.

Operators shall inform the Administration once a year or at the request of the Administration of temporary disconnections or restrictions of use of terminal equipment for the reasons stated in this article.

III. SPECIAL PROVISIONS FOR INDIVIDUAL TYPES OF TELECOMMUNICATIONS
SERVICES

Data telecommunications and global broadband telecommunications services and multimedia telecommunications

Article 22
(publishing data)

In addition to the data from article 13, operators shall be obliged to report to the Administration and to publish or otherwise render accessible to the public and other interested persons data on:

• the quality of provision of telecommunications services,
• the types of public network through which subscribers have access to
  telecommunications services,
• transmission rates,
• protection of data, which comprises protection of personal data, the
  confidentiality of data being processed, sent or stored, and the
  protection of privacy,
• directories, and the ways in which they are published if the operator
  issues them.

Leasing of telecommunications lines

Article 23
(publishing data)

In addition to the information from article 13, operators shall be obliged to report to the Administration and to publish or otherwise render accessible to the public and interested persons information on the capacity of lines leased along individual routes or areas.

Article 24
(operator's rights)

Operators may temporarily disconnect or otherwise restrict the use of the terminal equipment of subscribers if it threatens:

• the safety of operation of the telecommunications network, but only
  for the duration of extraordinary conditions such as fire, flood,
  lightning, strikes, earthquake, war or military operations, and civil
  unrest,
• the technical-technological uniformity of the public
  telecommunications network,
• the interconnectivity of telecommunications networks, equipment and
  services,
• the protection of data, which covers personal data security,
  confidentiality of data being processed, sent or stored, and protection
  of privacy.

Article 25
(application of the decree)

If the operator has a dominant market position in the sense of the regulations which govern the protection of competition on a particular route or in a specific area, the provisions of the decree on the manner of providing public voice telephony and telex telecommunications services and on the operation of the public telecommunications network (Official Gazette RS no. 11/98) shall apply mutatis mutandis with regard to such leased lines.

Cable communications or distribution systems services

Article 26
(licence)

Under these standing orders, operators who with regard to the anticipated extent of telecommunications services are covered by the Law on Public Media (Official Gazette RS no. 18/94) shall be obliged to obtain a licence.

Applicants shall be obliged to attach a certificate from the Ministry of Culture on inscription
in the records of public media or data on the radio and telecommunications programmes which the applicant will transmit if they do not create their own programming to the licence application.

Licences shall be issued for an indefinite interval.

Article 27
(publishing of data)

In addition to the information from article 13, operators shall also be obliged to report to the Administration and to publish or otherwise render accessible to the public or interested persons information on radio and television programmes and other services which they provide.

Article 28
(removal of faults)

Operators shall be obliged to provide a permanent service to remove faults which must be organised in such a way that it receives and responds to telephone calls reporting faults within 60 seconds and starts to remove the fault without delay.

Article 29
(cessation of performance of activity)

If the operator has a dominant market position in the sense of the regulations which govern the protection of competition in a specific area, in the event that they wish to cease performing such activity, they shall be obliged to publish such and to inform subscribers one year before the cessation.

Operators from the previous paragraph shall be obliged on request to sell to or otherwise enable the use by a second operator who will perform such activity of the cable communications or distribution systems or cable conduits which they own.

Operators who take over the provision of telecommunications services from the first paragraph of this article shall be obliged to accept all subscribers who have concluded non-fixed term contracts with the current operator.

Operators shall also have the obligations from the second paragraph of this article if the licence was withdrawn or ceased to apply for other reasons.

Article 30
(application of the decree)

If the operator has a dominant market position in the sense of the regulations which govern the protection of competition on a particular route or in a specific area, the provisions of the decree on the manner of providing public voice telephony and telex telecommunications services and on the operation of the public telecommunications network shall apply mutatis mutandis with regard to the provision of telecommunications services.

Public telephone booth services

Article 31
(means for activating telephone equipment and agreement on network interconnection)

Operators shall be obliged to ensure that the telephone equipment in their telephone booths can only be activated by the coins, tokens, cards, or other means of activating telephone equipment with automatic charging which are uniformly prescribed for the whole country.

Operators shall be obliged to conclude a written agreement with the operator of the public telecommunications network and other operators governing mutual relations in connection with network interconnections and the issuing of and charging for uniformly prescribed means of activation of telephone equipment with automatic charging.

If an operator fails to conclude one of the agreements from the previous paragraph, the administration shall replace the agreement with a decree in an administrative procedure.

Article 32
(publishing data)

In addition to the information from article 13, operators shall also be obliged to report to the Administration and to publish or otherwise render accessible to the public or interested persons information on other telecommunications services which they provide in public telephone booths in addition to voice telephony, on the density of telephone booths and on the proportion of phone booths in terms of the means of activation and on the proportion of telephone booths which in a specific interval are in a working state.

Article 33
(emergency services)

In addition to the obligations stipulated by these standing orders, operators shall also be obliged to meet the conditions for the provision of emergency services.

Article 34
(use of means of activation and free calls)

Operators shall be obliged appropriately to enable users to immediately determine the use of means from the first paragraph of article 31.

Calls to numbers 112 and 113, or calls to emergency numbers for the police, ambulance service, fire brigade and the notification centre must be free of charge.

Article 35
(public nature of general conditions)

Operators shall be obliged to display the general conditions from article 14, the tariff and a notice concerning the numbers from the second paragraph of the previous article in telephone booths.

Article 36
(cessation of performance of activity)

If the operator has a dominant market position in the sense of the regulations which govern the protection of competition in a specific area, in the event that they wish to cease performing such activity, they shall be obliged to publish such one year before the cessation.

Operators from the previous paragraph shall be obliged on request to sell to or otherwise enable the use by a second operator who will perform such activity of the public telephone booths which they own.

Operators shall also have the obligations from the previous paragraph if the licence was withdrawn or ceased to apply for other reasons.

VSAT services

Article 37
(further operator conditions)

In addition to the general conditions stipulated by these standing orders, operators shall be obliged to fulfil the following conditions:

• that they obtain a radio licence,
• that they conclude an agreement on the use of appropriate satellite
  channels with the operator or representatives thereof of the satellite
  system, and to submit it to the administration.

Article 38
(VSAT service licences)

VSAT services licences shall be issued for the period for which the provider has ensured a satellite channel.

Article 39
(withdrawal of licences)

Licences for VSAT services shall be withdrawn for the reasons stipulated in these standing orders, or if the radio licence is revoked or otherwise ceases, or if the provider's right to use the satellite channel ceases.

IV. TRANSITIONAL AND FINAL PROVISIONS

Article 40
(network of cable communications and distributions systems)

Operators who in addition to cable distribution system services also provides cable communications system services over their own network or who lease such network out shall be obliged to submit to the Administration the contract on network interconnection or on the lease of lines concluded with the public company from the sixth paragraph of article 64 of the Law.

Article 41
(validity of standing orders)

The provisions of the first paragraph of article 19 of these standing orders shall not apply to the allocation of domains pursuant to the resolution on the establishment of the public institute the Academic and Research Network of Slovenia (Official Gazette RS no. 23/92).

These standing orders shall enter into force fifteen days after their publication in the Official Gazette of the Republic of Slovenia.

No. 2660-15/98
Done at Ljubljana 19 October 1998-11-06
Anton Bergauer
Minister of Transport and Communications