Kiri

Maret Ots Saatja: Karl Stern <[email protected]> Saatmisaeg: teisipäev, 22. veebruar 2022 11:27 Adressaat: Mart Laas; Maret Ots Koopia: Raavo Palu Teema: teatis Manused: 2021899SI.docx Tere Saadan Sloveenia teatise 899 „Elektroonilise side seadus“. Ooteaeg lõpeb 25.03. Toode. Telekommunikatsiooni-, audio- ja videotehnoloogia. Tutvustus. Sloveenias reguleeritakse elektroonilise side valdkonda 2012. aasta elektroonilise side seadusega ning selle järgnevate muudatustega. Muudetud ELi õigusraamistikuga (direktiiv 2018/1972) kaasnevate muudatuste keerukuse ja ulatuse tõttu teeme ettepaneku võtta võimaliku seadusandliku muudatuse asemel vastu uue süsteemse seaduse elektroonilise side kohta. Samaaegselt direktiivi sätetega ühtlustamisega tehakse ettepanek parandada olemasolevat regulatsiooni osas, mis puudutab siseriiklikke sätteid või kus on võimalik pakkuda selgemat ja sobivamat viisi EL määruste sätete ülevõtmiseks. Samal ajal tagatakse võrgu- ja teenuste turvalisust ning ohuolukordades toimimist käsitleva peatükiga ka ELi 5G küberturvalisuse meetmepaketi (eeskätt strateegiliste) meetmete rakendamine, mis on ELi liikmesriikide, Euroopa Liidu Küberturvalisuse Agentuuri (ENISA) ja Euroopa Komisjoni esindajate ühiste jõupingutuste ja lähenemise tulemus, mida toetab ka Sloveenia. Komisjon toetas ELi meetmepaketti selgesõnaliselt ka oma teatises „5G turvaline kasutuselevõtt ELis: ELi meetmepaketi rakendamine“. Samuti võetakse arvesse nn ELi meetmepaketi tähtsust ja rakendamise seisu. Kavandatavate lahenduste eesmärk on raadiospektri tõhusam kasutamine, soodustades investeeringuid suure läbilaskevõimega ja kvaliteetsetesse võrkudesse, tagades võrkude ja teenuste turvalisuse, sealhulgas 5G- tehnoloogiast tulenevate suurenenud riskide tõttu nende võrkude ja teenuste pakkumisel riigile ja ühiskonnale elutähtsaid teenuseid pakkuvatele üksustele, tarbijakaitse ja parema juurdepääsu teenustele ning elude kaitse hädaabinumbritele juurdepääsu kaudu. Universaalteenus pakub edastuskiirust, mis võimaldab kasutada mitmesuguseid teenuseid, nagu e-haldus, internetipangandus ja videokõned. Põhjendus. Elektroonilise side seaduse eelnõu põhieesmärk on võtta direktiiv 2018/1972 üle siseriiklikku õigusesse lisada lahendusi või määrusi sellistesse siseriiklikesse õigusaktidesse nagu need, mis on sätestatud nelja ELi direktiivi rakendamisel, mis on uuesti sõnastatud direktiiviga 2018/1972. Samal ajal on seaduseelnõu eesmärk tugevdada eelkõige üldkasutatavate sidevõrkude ja -teenuste turvalisust, sealhulgas 5G-tehnoloogiaga kaasnevate suurenenud riskide tõttu, eelkõige seoses nende pakkumisega üksustele, kes osutavad riigi ja ühiskonna jaoks elutähtsaid teenuseid, mis on oluline ka riigi julgeoleku jaoks. See on tagatud ka ELi 5G küberturvalisuse meetmepaketi (eeskätt strateegiliste) meetmete rakendamisega, mis on ELi liikmesriikide, Euroopa Liidu Küberturvalisuse Agentuuri (ENISA) ja Euroopa Komisjoni esindajate ühiste jõupingutuste ja lähenemise tulemus, mida toetab ka Sloveenia. Komisjon toetas ELi meetmepaketti selgesõnaliselt ka oma teatises 5G turvalise kasutuselevõtmise kohta ELis ning ELi meetmepaketi rakendamise tähtsuse ja rakendamise (mida julgustatakse) puhul võetakse arvesse ka ühisteatist Euroopa Liidu küberjulgeoleku strateegia kohta. Sisu osas on seaduseelnõu eesmärk lisaks direktiivi 2018/1972 ülevõtmisele edendada elektroonilise side võrkude ja teenuste arendamist Sloveenias ning seega majanduslikku ja sotsiaalset arengut riigis, sealhulgas infoühiskonna arengut, juurdepääsu ülikiiretele võrkudele ja nende kasutamist kõigi ELi kodanike ja ettevõtjate jaoks, tugevdades samal ajal võrkude ja teenuste pakkumise turvanõudeid, mis suurendab kasutajate usalduse suurenemise tõttu ka asjakohaste teenuste kasutamist, samuti arendada ELi siseturgu ja edendada kõigi selle kodanike õigustatud huve. Seepärast on käesoleva seaduse eesmärk tagada tõhus konkurents elektroonilise side turul, raadiosagedusspektri ja numeratsioonielementide tõhus kasutamine, universaalteenus ja kasutajate õiguste kaitse, sealhulgas puuetega kasutate ja sotsiaalsete erivajadustega kasutajate, ning üldkasutatavate sideteenuste kasutajate õigus eraelu puutumatusele, samuti rangemad eeskirjad võrkude ja teenuste turvalisuse tagamiseks, pidades muu hulgas silmas uutest tehnoloogiatest tulenevate riskide juhtimist. Seaduseelnõu peaks parandama kehtivaid õigusakte selles osas, mis puudutab siseriiklikke sätteid või kus on võimalik tagada selgem ja parem ülevõtmise viis, kui üksikute sätete kohaldamine on praktikas näidanud, et see on vajalik ja võimalik. 1 Karl 2 TEXT OF THE ARTICLES ELECTRONIC COMMUNICATIONS ACT EVA 2019-3130-0004 I. GENERAL PROVISIONS Article 1 (Content) This Act regulates the conditions for the provision of electronic communications networks and the provision of electronic communications services, regulates the provision of universal service, ensures competition, manages radio spectrum and numbering elements, regulates the more efficient construction and deployment of electronic communications networks and the sharing of existing physical infrastructure, lays down conditions for limiting the right to property, determines user rights, regulates the security of networks and services, including in regard to the risks posed by new technologies and operation in situations of threat, ensures the exercise and regulates the protection of the right to communication privacy of users of public communications services, regulates the resolution of disputes in the field of this Act, regulates the competence, organisation and operation of the Agency for Communication Networks and Services of the Republic of Slovenia (hereinafter: the Agency) as an independent regulatory authority and the competences of other bodies carrying out tasks under this Act, as well as other issues related to electronic communications. Article 2 (purpose of the Act) (1) The purpose of the Act is to promote the development of electronic communications networks, including the promotion of investment by reducing the cost of construction or deployment of these networks and the development of services in the Republic of Slovenia and thus economic and social development in the country, including the development of the information society, access to and use of very high capacity networks for all citizens and businesses in the European Union, as well as the development of the internal market of the European Union and the promotion of the legitimate interests of all its citizens. This Act also aims to ensure effective competition in the electronic communications market, the efficient use of radio spectrum and numbering elements, universal service and the protection of user rights, including users with disabilities and users with special social needs, and the right to communication privacy of users of public communications services, as well as strengthened rules regarding the security of networks and services, including in regard to the management of the risks posed by new technologies. (2) This Act transposes into Slovenian law: 1. Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17. 12. 2018, p. 36), (hereinafter: Directive (EU) 2018/1972), 2. Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31. 7. 2002, p. 37), last amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and user rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ L 337, 18. 12. 2009, p. 11). 3. Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17. 9. 2002, p. 21); 4. Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23. 5. 2014, p. 1) and 5. This Act shall be issued subject to an information procedure in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241,17. 9. 2015, p. 1). Article 3 (Meaning of terms) Terms used in this Act mean: 1. An antenna system is part of an electronic communications network designed to emit or receive radiated waves and consists of antennas, cables and connected devices, which may be individual parts or integrated into the whole. 2. Application Programming Interface (API) means software interfaces between applications provided by broadcasters or service providers and resources in more powerful digital television equipment for digital television and radio services. 3. Emergency Communication Reception Centre means a PSAP or an operational communication centre of the police receiving emergency communications. 4. Digital broadcasting is a radio communication service intended for terrestrial digital broadcasting and broadcasting of radio or television programmes by direct reception to the public in the open space. 5. An access network shall be part of an electronic communications network which connects the network termination point with the closest active equipment with which the network termination point directly exchanges signals. 6. An electronic communications service is a service normally provided for remuneration via electronic communications networks and includes an internet access service as referred to in Article 2(2)(2) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310 of 26. 11. 2015, p. 1), (hereinafter: Regulation (EU) 2015/2120), interpersonal communications service and services consisting wholly or mainly of the conveyance of signals, such as transmission services, used for the provision of machine-to-machine services and for broadcasting. It does not include services providing or exercising editorial control over content transmitted over electronic communications networks or by electronic communications services. 7. E-mail means any text, voice, audio or image message sent over a public communications network which can be stored on a network or on a recipient’s terminal equipment until it is collected by the recipient. 8. An electronic communications network means transmission systems, whether based on fixed infrastructure or facilities centrally operated, and, where applicable, switching or steering equipment and other resources, including non-active network elements enabling the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit and packet switched, including the Internet) and mobile networks, electrical cable systems, insofar as they are used for the conveyance of signals, with networks used for radio and television broadcasting and cable television networks, irrespective of the type of information transmitted. 9. Numbering elements are numbers and codes, names and addresses. The numbering elements do not include internet addresses (Internet Protocol numeric addresses) which are necessary for establishing communications between network termination points, and numbers and codes, names and addresses used exclusively in a particular public communications network. 10. Physical infrastructure means any element of the network intended to install other elements of the network without itself becoming an active element of the network, such as pipes, masts, ducts, audit shafts, manholes, cabinets, buildings or accesses to buildings, antenna beams and towers. Cables, including fibre optic, and distribution networks used for human consumption do not constitute physical infrastructure within the meaning of this Act. 11. Geographical number means the number referred to in the numbering plan of the Republic of Slovenia referred to in Article 97 of this Act, in which one part of its digit structure has geographical significance, which is used for routing calls to the physical location of the network termination point. 12. Voice communications service means a public communications service for making and receiving, directly or indirectly, national or national and international calls using a number or numbers from the numbering plan of the Republic of Slovenia referred to in Article 97 of this Act or an international numbering plan. 13. Construction work means any activity consisting of the construction of a new facility, the reconstruction or removal of one or more objects which constitute elements of the physical infrastructure. 14. Harmonised radio spectrum is the radio spectrum which has been the subject of technical implementing measures in accordance with Article 4 of Decision 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (OJ L 108 of 24. 4. 2002, p. 1), (hereinafter: Decision 676/2002/EC) certain harmonised conditions relating to its availability and effective application. 15. Cell ID is the identity of the cell from which the call originates or terminates from a mobile network. 16. Caller location information means data processed in the public mobile network from a network or mobile device that reveals the geographical location of the end-user’s mobile terminal equipment and, in the public fixed network, data on the physical address of the network termination point. 17. An infrastructure operator is a natural or legal entity providing physical infrastructure intended for the provision of economic public infrastructure, including a network operator. 18. Intervention service is a service provided by protection, rescue and relief services as defined in the act governing protection against natural or other disasters, the police in accordance with the regulations governing the operation of the police, and the emergency medical service in accordance with the regulations in the field of medical activities. 19. A service provider is a natural or legal entity that provides a public communications service or has notified the competent regulatory authority of its intention to provide a public communications service. 20. A universal service provider is a natural or legal entity that provides the universal service or part thereof. 21. A public communications service is a publicly available electronic communications service. 22. The public sector has the meaning laid down in the act governing civil servants, but also includes public undertakings and companies in which the State or local authority has a majority stake or a dominant influence. 23. A public communications network is an electronic communications network used wholly or mainly for the provision of public communications services enabling the transmission of information between network termination points. 24. Cable duct is a construction engineered object consisting of channels, pipes and the like, which allows the installation and maintenance of communication lines. 25. Catastrophic network failures are breakdowns of an electronic communications network that cannot be remedied within one day and which prevent or significantly impair access to communications services by a significant number of users. 26. Cybersecurity has the meaning as stipulated by the act governing information security. 27. Cyber-attack has the meaning as stipulated by the act governing information security. 28. A call is a connection established by means of a publicly available interpersonal communications service that allows two-way voice communication. 29. Key parts of the country’s security system are networks and information systems dedicated to defence, protection against natural and other disasters, police, intelligence and security activities and foreign affairs. 30. Communication is any information exchanged or transmitted between the final number of customers by means of a public communications service. It does not include information transmitted to the public as part of a broadcasting service over an electronic communications network, except to the extent that the information can be linked to a recognisable subscriber or user receiving it. 31. Emergency communication means communication using interpersonal communications services between an end-user and an emergency reception centre for the purpose of providing intervention services. Emergency communication may also be triggered by an emergency call from vehicles (eCalls) as defined in Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the 112-based e-call system and amending Directive 2007/46/EC (OJ L 123, 19. 5. 2015, p. 77). 32. A communication facility is a building or engineering facility that is part of an electronic communications network and associated infrastructure, including any installations, but may also be an installation, equipment and infrastructure which is not a facility under construction regulations. 33. A communication line is a complete underground or above ground physical connection between two or more points with which unidirectional or two-way communication is possible. 34. The end-user (hereinafter: an end-user) is a user who does not provide public communications networks or public communications services. 35. A local loop is the physical path of electronic communications signals connecting a network termination point to a main distribution line or an equivalent device in a fixed public communications network. 36. A personal data breach means a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of public communications services in the European Union (hereinafter: EU). 37. Small-area wireless access point means low power wireless network access equipment of small size, operating within a small range, using the radio spectrum under a decision on the allocation of radio spectrum or radio spectrum not subject to a decision, or a combination of both, which can be used as part of a public electronic communications network, which may be equipped with one or more low visual impact antennas and which allows users wireless access to electronic communications networks irrespective of the underlying network topology; it can be either mobile or fixed (e.g. low power base stations such as femtocells, dots, metrocells or microcells). 38. Inter-State markets are those determined in accordance with Article 163 of this Act, covering the EU or a substantial part of it in more than one Member State. 39. Interconnection is the physical and logical connection of public communications networks used by the same or another operator in order to enable users of one operator to communicate with users of the same or another operator or to access services provided by another operator. The services may be provided by the parties involved or by other parties having access to the network. Interconnection is a specific type of operator access that is carried out between public network operators. 40. An interpersonal communications service is a service normally provided for remuneration which enables the direct interpersonal and interactive exchange of information through electronic communications networks between a limited number of persons, whereby the persons initiating or participating in the communication determine the recipients. It does not, however, include services in which interpersonal and interactive communication is only a minor ancillary part of a service that is actually connected to another service. 41. Number-based interpersonal communications service is an interpersonal communications service that connects or facilitates communication with the numbering elements assigned under Chapter VII of this Act, specifically a number or numbers from the numbering plan of the Republic of Slovenia referred to in Article 97 of this Act or from an international numbering plan. 42. A number-independent interpersonal communications service is an interpersonal communications service which does not require numbering elements assigned under Chapter VII of this Act to establish a connection, specifically numbers or numbers from the numbering plan of the Republic of Slovenia referred to in Article 97 of this Act or from an international numbering plan, or which does not allow communication with a number or numbers from the numbering plan of the Republic of Slovenia referred to in Article 97 of this Act or from an international numbering plan. 43. The most appropriate emergency communication reception centre is the competent police operational communication centre or regional PSAP covering the area from which the emergency communication originates. 44. Contracting entity or contracting authority (hereinafter referred to as: ‘subscriber’) means any natural or legal entity that concludes a contract for the provision of such services with a provider of public communications services. 45. A non-geographic number is a number from the numbering plan of the Republic of Slovenia referred to in Article 97 of this Act, which is not a geographical number, such as fixed numbers that are not linked to the physical location of the network termination point, mobile numbers, free and premium service numbers. 46. Business continuity is the activities necessary to maintain an organisation’s operations in times of disruption or interruption of normal operation. 47. Internet neutrality is the principle that all internet traffic on a public communications network is treated equally, that is, independently of the content, applications, services, device, source and destination of a communication. 48. An open electronic communications network is a public communications network that can be accessed by all operators on equal terms. 49. A network termination point is a physical point at which the end-user has access to a public communications network and which, if the networks involve switching or routing, is determined by a specific network address, which may be linked to an end-user’s number or name. 50. The operator is a network operator or a service provider. A natural or legal entity which provides free internet access without any profit-making purpose and for which the provision of internet access is not part of its gainful activity is not an operator. 51. A network operator shall be a natural or legal entity providing a public communications network or associated facilities or which has notified the competent regulatory authority of its intention to provide a public communications network or associated facilities. 52. ‘Operating access’ means ensuring the availability of infrastructure and networks, including all related elements or services, to another operator under specified conditions, whether on an exclusive or non-exclusive basis, for the provision of electronic communications services, including when used for the provision of information society services or broadcasting content services. It covers, inter alia: access to network elements and associated facilities, which may also include the connection of equipment by fixed or non-fixed means (in particular access to the local loop and facilities and services necessary to provide services over the local loop), access to physical infrastructure, access to relevant software systems, including operational support systems, access to information systems or databases for pre-ordering, provision, ordering, maintenance and repair and billing requirements, access to number conversion or systems providing equivalent functionality, access to fixed and mobile networks, in particular for roaming, access to conditional access systems for digital television services and access to virtual network services. 53. Passive communication infrastructure means high-speed communication lines in a building that connect the distribution point to the network termination points. 54. Location data means any data processed in an electronic communications network or in the context of an electronic communications service which indicates the geographical position of the terminal equipment of a user of a public communications service. 55. Traffic data are any data processed for the purpose of transmitting or billing a communication on an electronic communications network. 56. Third-level support service providers are providers of managed services and equipment suppliers. 57. The consumer (hereinafter: a consumer) means any natural entity which uses or requests a public communications service for purposes other than its trade, business or profession. 58. Calling line identity display is a function that allows the caller to identify the network termination point from which the call originates by means of a number or tag assigned to that network termination point. 59. A connection identity display is a function that allows the caller to identify the network termination point at which the call is terminated by a number or tag assigned to that network termination point. 60. An associated service is a service connected to an electronic communications network or an electronic communications service that enables or supports the provision, provision through its own facilities or automated provision of services via that network or service, or has the ability to do so and includes the translation of numbers or systems offering equivalent functionality, conditional access systems and electronic software guides, and other services such as identification, location and presence services. 61. Associated facilities are associated services, physical infrastructure and other facilities or elements related to an electronic communications network or electronic communications service that enable or support the provision of services via that network or service, or have the ability to do so, and include buildings or building inputs, building wiring, antennae, towers and other supporting structures, ducts, masts, pipes, shafts and cabinets. 62. Radio frequency in this Act is part of the radio spectrum and is determined by the central frequency and the width of the radio channel, the upper or lower limit frequency of the radio channel or the indication of individual carrier frequencies. 63. Radio local area network or RLAN is a low-power wireless access system operating within a small range, with a low risk of interference for other such systems used in the immediate vicinity by other users, and which uses the harmonised radio spectrum on a non-exclusive basis. 64. A radio-amateur satellite service is a radio communication service that uses space stations on satellites for the same purposes as a radio amateur service. 65. A radio-amateur service is a radio communication service for self-education, mutual communication (establishment of interconnections) and technical research carried out by radio amateurs, i.e. duly authorised persons interested in radio technology only for personal inclinations and without material benefit. 66. Broadcasting is a radio communication service for the broadcasting and distribution of radio or television programmes which allows direct public reception in an open space. The programme has the meaning as defined in the media act. 67. The radiofrequency protection ratio is the minimum value of the ratio of the desired and the unwanted signal at the receiver input under certain conditions, so that the specified reception quality of the desired signal is reached at the outlet from the receiver. 68. Radiocommunications services are electronic communications services provided using radio frequencies. 69. A distribution point (concentration or distribution point) is a physical point inside or outside a building that is accessible to network operators and where it is possible to connect to the in- building physical infrastructure or passive communication infrastructure. If, pursuant to the second paragraph of Article 138 of this Act, the Agency extends access through the first distribution point, that point may also contain active or virtual access. 70. Spectrum allocation means the designation of a given radio spectrum band to one or more types of radio communications services, where appropriate, under certain conditions. 71. A conditional access system is a system applying a technical measure or any arrangement under which access to protected broadcasting services in uncoded form is conditional on the conclusion of a subscription or other form of prior individual authorisation. 72. Business continuity management system is a strategic and tactical business management plan set up and implemented by the operator in order to respond quickly and effectively to disruptions, outages and security incidents in order to ensure the continuity of the provision of public communications services through its public communications network at an acceptable pre-defined level (hereinafter: SUNP). 73. The information security management system is a management system that provides a comprehensive and coordinated view of the organisation’s information security risks and ensures the establishment, introduction, operation, monitoring, review, maintenance and improvement of the security of networks and information systems (hereinafter: SUVI). 74. A safety management system is a system that includes both the ISMS and the BCMS. 75. Consent is the personal consent of the user or subscriber in accordance with the regulations governing the personal data protection. 76. Radio spectrum sharing means access by two or more users to the use of the same radio spectrum bands in a given sharing regime, which is permitted under the general act referred to in Article 35 of this Act with or without a decision on the assignment of radio frequencies, or a combination of both, including regulatory approaches such as shared access on the basis of a licence to facilitate the sharing of a radio spectrum band, subject to binding agreement by all parties involved in the sharing rules included in their rights of use for the radio spectrum, in order to ensure that all users have a predictable and reliable sharing regime without prejudice to the rules governing the protection of competition. 77. The state of threat to public communications networks (hereinafter: threat states) are a war or emergency and a state caused by natural or other disasters in accordance with the act governing natural or other disasters, and catastrophic network failures. 78. In-building physical infrastructure means the physical infrastructure or installations at the end-user’s location, including those in the co-ownership (common installation) for the installation of wired or wireless access networks, where these access networks are suitable for the provision of electronic communications services and connect a distribution point to a network termination point. 79. A full conversation service is a real-time multimedia conversation service that provides two- way symmetrical transmission of video, text and voice in real time between users in two or more locations. 80. An information society service is a service as defined in the act regulating electronic commerce in the market. 81. A third level support service means one or more services related to the operation, maintenance, upgrading, configuration and operation of a virtualised or physical network and services. 82. A value-added service is any service that requires the processing of traffic or location data other than traffic data which is not strictly necessary for the transmission or billing of a communication. 83. Broadband is a public communications network providing broadband access. 84. High-speed broadband network is a public communications network providing broadband access of at least 30 Mbps. 85. Harmful interference is interference which endangers the operation of a radio navigation service or of other security services or which otherwise seriously impairs, obstructs or continuously interrupts a radiocommunication service operating in accordance with applicable international or national or EU regulations. 86. The number is a number or prefix specified in Recommendation E.164 of the International Telecommunication Union (ITU). 87. Emergency numbers are the single European emergency number 112, police number 113, the single European hotline for missing children 116 000 and all other numbers identified as such in the numbering plan. 88. Terminal equipment is any equipment connected directly or indirectly to the network interface of a public communications network for the purpose of transmitting, processing or receiving information. The connection is considered indirect if the equipment is installed between the terminal and the public network interface. Terminal equipment is also equipment of satellite earth stations. 89. User (hereinafter: user) is a natural or legal entity which uses or requests the use of a public communications service. 90. Operators of critical infrastructure have the meaning laid down in the act governing critical infrastructure. 91. Security of networks and services is the ability of electronic communications networks and services to prevent, at a certain level of confidence, any event that jeopardises the availability, authenticity, integrity or confidentiality of those networks and services of stored, transmitted or processed data or related services provided or accessible through those electronic communications networks and services. 92. A security incident is an event that has a real negative impact on the security of electronic communications networks or services. 93. A vertically integrated operator is an operator operating at different levels of retail and wholesale provision of networks and provision of services. 94. A duct is part of a communication line connecting two or more points, through which one- way or two-way communication is possible (e.g. copper pair, optical fibre, coaxial cable, all types of overhead connections). 95. The provision of an electronic communications network means the establishment, operation, management or provision of such a network. 96. Legal interception of communications is a procedure ordered under the act governing criminal proceedings or the act governing the Slovenian Intelligence and Security Agency, in which content, circumstances and facts related to communications at a particular point in the public communications network are collected. 97. Very high capacity network is an electronic communications network consisting entirely of optical fibre elements at least to the distribution point at the final location, or an electronic communications network which, under normal peak load conditions, provides similar network performance in terms of available down and up bandwidth, resistance, error-related parameters, and delay and variations thereof. Network performance can be considered similar regardless of whether the end-user experience differs due to the different characteristics of the medium through which the network is ultimately connected to the network termination point. 98. Earth station is equipment used exclusively for communication with satellites or other systems in space. 99. More powerful digital television equipment is devices connected to television sets or integrated digital television sets capable of receiving digital interactive television services. 100. The capacity of the network termination point is the maximum rate of data transmission that the operator can provide. II. CONDITIONS FOR THE PROVISION OF ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES Article 4 (provision of electronic communications networks and services) Any natural or legal entity may provide electronic communications networks or provide electronic communications services under the conditions laid down by this Act and adopted on the basis thereof and in accordance with other applicable legislation, provided that this does not endanger public policy, human life and health, public security and the defence of the State.  Article 5 (notification) (1) Prior to the commencement or modification of the provision of public communications networks or the provision of public communications services other than number-independent interpersonal communications services, the Agency shall be informed in writing. (2) After notifying the Agency in writing in accordance with the preceding paragraph, the operator shall, under the conditions and in accordance with Article 130 of this Act, negotiate interconnection with other operators and, where appropriate, obtain from them operator access or interconnection and the option of being designated as a universal service provider in accordance with Articles 168 and 173 of this Act. The criteria and procedures for imposing individual obligations on operators derive from Chapters IX and X and Articles 130, 168 and 173 of this Act. (3) The notification referred to in the preceding paragraph shall specify the data required by the Agency and the Body of European Regulators for Electronic Communications (BEREC) for the maintenance of official records of operators, respectively: 1. name and address for natural entities, 2. the company name and head office in the EU and the head office of all branches in the Member States for legal entities, 3. legal form and registration number or registration number of the public register in another EU Member State, 4. address of the operator’s website, where applicable, 5. contact person and contact details, 6. a brief description of the public communications networks or public communications services it intends to provide or implement, 7. the EU Member States in which the activity is to be carried out; and 8. the envisaged date of commencement or modification of the provision of public communications networks or the provision of public communications services. (4) The change to the data referred to in points 1 to 7 of the preceding paragraph shall be notified by the operator to the Agency no later than 30 days after the change occurs. The change to the data referred to in point 8 of the preceding paragraph must be communicated by the operator before the scheduled date, except in the event of force majeure, when it can notify the change within eight days of the date foreseen. A change to the data referred to in point 8 of the preceding paragraph shall be considered if the provision of public communications networks or services has not actually started on the scheduled date. (5) Within seven days of receipt of the notification, the Agency shall record the operator in the official register with all the necessary information referred to in the third paragraph of this Article and at the same time send them a certificate of registration in the official register. Registration in the official register shall not be a condition for the exercise of the rights and obligations of operators under this Act. The certificate shall not in itself create rights and obligations under this Act. (6) Within seven days of receipt of the notification, which does not contain all the necessary information referred to in the third paragraph of this Article, the Agency shall specifically invite the operator to complete the notification within a time limit which may not be less than eight days. (7) The Agency shall, by means of a general act, specify the content and format of the notification referred to in the first paragraph of this Article and the content of the information referred to in the third paragraph of this Article. In doing so, it shall take into account the BEREC guidelines. The Agency shall also lay down, by means of a general act, the form and content of the certificate referred to in paragraph five of this Article. (8) The Agency shall inform BEREC of the registration of an operator in the official register referred to in paragraph five of this Article. (9) The operator must notify the Agency in writing at least 90 days before the planned termination of the provision of public communications networks or the provision of public communications services. In this notification, the operator must also describe how data on registration of lawful interception and retained data on electronic communications traffic for the entire period for which retention is required in accordance with this Act is to be retained and, in particular, it shall indicate where such retained material will be available. The provisions of the regulations governing the protection of personal data and the act governing the protection of documentary material shall apply with regard to the manner and conditions of storage. (10) The Agency shall ex officio remove from the record referred to in paragraph five of this Article an operator that has notified the Agency in accordance with the preceding paragraph of the termination of the provision of public communications networks or the provision of public communications services and of an operator which it finds is no longer registered in the Business Register of Slovenia. Article 6 (payment based on notification) (1) On the basis of the notification referred to in the first paragraph of the preceding Article, operators shall be liable for the annual payment to the Agency. Payments under this Article shall cover the costs incurred by the Agency in implementing the provisions of this Act, with the exception of the provisions of Chapters V, VI and VII of this Act. (2) The amount of the payment referred to in the preceding paragraph shall be determined by multiplying the number of points by the value of the point. The number of points is nominally equal to 0.1 percent of the annual revenue that each operator in the Republic of Slovenia generates from the provision of public communications networks or the provision of public communications services. The value of the point shall be determined by the tariff, which is a general act of the Agency. (3) Notwithstanding the provision of the preceding paragraph, the Agency shall, on a reasoned proposal from the operator, take into account half of the annual revenue from these services in the case of revenue from public communications services of international traffic, which originates in its entirety and ends outside the Republic of Slovenia. This shall not apply where such traffic is carried out by the end-user of the operator concerned. The burden of proving that the revenue from public communications services of international traffic, which originates in its entirety and ends outside the Republic of Slovenia, is carried by the operator. If an operator proves that, for a certain amount of revenue from public communications services of international traffic originating in full and ending outside the Republic of Slovenia, it is obliged to pay to the national regulatory authority in another country, the Agency shall not take into account the amount of such revenue when determining the number of points. (4) The operator shall inform the Agency by 31 March of each year of the amount of revenue referred to in paragraphs two or three of this Article from the previous year. If the operator fails to do so by the deadline, the Agency shall take into account as revenue referred to in the second paragraph of this Article the total revenue of the operator from the previous year obtained from the data of the Agency of the Republic of Slovenia for Public Legal Records and Related Services. (5) If the Agency has reasonable grounds to suspect the veracity of the information communicated by the operator, the Agency may, or where appropriate and proportionate in view of its size and complexity, an approved auditor or auditor (hereinafter: the Auditor), selected by the Agency in accordance with the provisions of the Public Procurement Act, review the data and estimate the revenue. The costs of the assessment shall be borne by the operator. If the estimated revenue deviates significantly from the reported revenue referred to in the second paragraph, the Agency shall take into account the estimated revenue in its calculation. (6) When issuing the tariff referred to in the second paragraph of this Article, the Agency shall take into account the necessary coverage of the costs referred to in the first paragraph of this Article in relation to the planned objectives and tasks set out in its work programme and the balance of financial resources from the previous year. The tariff shall be published in the Official Gazette of the Republic of Slovenia and enter into force after its publication. (7) The proposal for a tariff referred to in the preceding paragraph shall contain a specific statement of explanation indicating the reasons for the adoption or amendment of the tariff and the objectives to be achieved and shall be published in advance by 31 July of the current year at the latest together with the draft work programme and financial plan for the following calendar year in accordance with Article 269 of this Act. The draft tariff must be submitted by the Agency to the Government of the Republic of Slovenia (hereinafter: Government) for approval by 31 October of the current year at the latest together with the work programme and financial plan for the following calendar year and audited accounts for the previous calendar year. If the Government has not given its consent by 15 December of the current year, the applicable tariff shall apply until the new tariff has entered into force. (8) Before the tariff is issued or amended, the costs referred to in the first paragraph of this Article shall be determined and foreseen and a time limit shall be set which may not be less than 15 days and not more than two months within which the persons referred to in the first paragraph of this Article shall be invited to give their opinion, comments and suggestions on the planned issue or amendment to the tariff. During this period, discussions may also be held between them. Article 7 (assessment of payments and their payment) (1) The payment referred to in the preceding Article shall be determined by the Agency by means of a notice of assessment for each person liable. (2) Payments shall be levied in advance for the current calendar year. (3) In the first calendar year when the payment obligation arises, the Agency shall levy only as many twelfths of the annual payment as there are whole months remaining between the incurrence of the commitment and the end of the year, but not less than one twelfth of the annual payment. (4) For the calendar year in which they ceased to provide public communications networks or provide public communications services, the entity liable for payment shall pay as many twelfths of the annual payment as they have provided public communications networks or public communications services for whole months, but not less than one twelfth of the annual payment. At the request of the person liable, the Agency shall amend the payment notice already issued and return any overpayment to the person liable within 30 days of notification of the amended payment notice. Article 8 (operators with special or exclusive rights) (1) Operators having special or exclusive rights to engage in another economic activity and having an annual turnover in electronic communications networks or services of more than EUR 10 million shall be required either to provide electronic communications networks or services in a legally independent company or to keep separate accounts for activities related to the implementation or provision of electronic communications services or networks as though they were performing these activities for a legally independent company. (2) The separate accounting records referred to in the preceding paragraph shall be kept in such a way as to identify all the elements of expenditure and revenue relating to activities related to the implementation or provision of electronic communications services or networks, together with the basis for their calculation and the detailed allocation procedures used, including a breakdown of fixed assets and structural costs by item. Article 9 (control) The Agency shall supervise the implementation of the provisions of this Chapter. III. CONSTRUCTION OF NETWORKS AND ASSOCIATED INFRASTRUCTURE Article 10 (spatial planning, construction and maintenance) (1) The public communications network and associated infrastructure shall be regarded as economic public infrastructure. The ministry responsible for electronic communications (hereinafter: the Ministry) is the national spatial planning vehicle for the planning of public communications networks and associated infrastructure. (2) The construction of public communications networks and associated infrastructure, the construction of electronic communications networks and associated infrastructure for the purposes of security, police, defence and protection, rescue and assistance, and the construction of other electronic communications networks and associated infrastructure on or under immovable property owned by bodies governed by public law shall be deemed to be in the public interest. (3) Local authorities shall promote the construction of electronic communications networks and associated infrastructure and, where appropriate, cooperate with the Agency and the Ministry within their respective spheres of competence. In particular, they shall lay down the conditions for the construction of electronic communications networks and associated infrastructure in their spatial acts, enter into easements and other contracts with operators on their infrastructure, inform operators and the Agency of their intended future interventions in their existing infrastructure and may plan to build open public communications networks. (4) The maintenance of communication facilities which are part of the networks and associated infrastructure referred to in the preceding paragraph shall be regarded as maintenance work for the public benefit within the meaning of the regulations on the construction of buildings, regardless of the fact that they are not intended to ensure the provision of a public utility service. The following shall be considered public benefit maintenance work on communication facilities: 1. upgrading and upgrading of existing communication facilities or electronic communications network devices (e.g. installation or replacement of devices, including replacement of bases of overhead lines, increase of capacity, retraction of communication cables into existing pipes, reconstruction, repositioning of devices and installations, protection and repair), 2. static reinforcement and replacement of existing antenna supports and their increase or decrease, 3. replacement of existing containers, 4. executing the required grounding or extension of existing grounding due to the replacement of container/column, lightning protection, machine installation, electrical installation and ensure the necessary increase of existing electrical connection power. (5) The minister responsible for electronic communications (hereinafter: the Minister), depending on the degree of complexity of the construction, determines simple communication facilities for which, in accordance with the regulations on construction, no building permit is required, and prescribes what is to be considered as the maintenance of communication facilities in addition to the works referred to in the preceding paragraph. (6) The communication networks and associated infrastructure referred to in the second paragraph of this Article shall, except where actual and technical possibilities do not allow it, be built in a sustainable manner and in such a way as to enable their joint use in order to protect the environment and to limit unnecessary interference in space, public health and public security. (7) When building new multi-apartment and non-residential buildings, the building physical infrastructure must be designed and built up to the network connection points and passive communication infrastructure in the common parts of the building suitable for achieving high speeds. A distribution point must be provided for and constructed in the design and construction of this infrastructure so that each operator can be connected to each part of the building (contracting authority) separately. This shall also be taken into account mutatis mutandis when reconstructing the building’s physical or passive communication infrastructure. The design and construction of the building’s physical and passive communication infrastructure referred to in this paragraph shall be at the cost of the investor in the construction or reconstruction of a multi-apartment or non-residential building. (8) The obligation referred to in the preceding paragraph shall not apply in the case of construction or reconstruction: 1. buildings with a total area of up to 50 m², 2. non-residential agricultural buildings, 3. ceremonial buildings, 4. buildings protected by special historical, cultural or architectural value, and 5. other buildings where compliance with the obligations referred to in the preceding paragraph would entail disproportionate costs compared to the costs of the project. (9) The Agency may, by means of a general act, further regulate technical and other issues arising from the implementation of paragraphs 7 and 8. (10) The Agency shall define, by means of a general act, the location of the network termination points. In doing so, it shall take the utmost account of BEREC guidelines. (11) The network operator may, subject to Articles 136 to 138 of this Act, set its own network up to the distribution point at their own expense. Article 11 (transparency in relation to planned construction works) (1) In the case of civil engineering works on physical infrastructure, the infrastructure operator must notify the Agency of the planned construction and their invitation to interested investors in electronic communications networks and associated infrastructure to express their interest in the inclusion of electronic communications networks and associated infrastructure in the planning or joint construction, at least 60 days before the contract is issued for the production of the project documentation necessary to obtain a building permit or, if no building permit is required, the Agency must be informed at least 90 days before the anticipated start of construction works. No later than three days after receipt of the call, the Agency shall make publicly available on its website a communication from the investor about the start of the design or execution of works, with appropriate invitations to interested parties to decide on the call within the time limit set by the investor and inform the investor and the Agency of possible interest. The time limit set may not be shorter than 10 working days from the publication. (2) The obligation referred to in the preceding paragraph shall also apply to other investors in public communications networks and investors in other types of economic public infrastructure which are not infrastructure operators at the same time. (3) The obligation referred to in the preceding paragraphs shall not apply to construction works of minor importance in terms of value, scale or duration. (4) The communication on planned construction works referred to in the first paragraph of this Article shall contain information on: 1. location and type of works, 2. the elements of the network included, 3. the estimated date of commencement of the works and their duration; and 4. the contact point. (5) The network operator may ask the infrastructure operator for information referred to in the preceding paragraph for ongoing or planned works on physical infrastructure for which a building permit has already been issued or the procedure for obtaining a building permit is already ongoing or the application for a building permit is foreseen in the next six months. In the application, the network operator must identify the area to which the deployment of elements of electronic communications networks refers. The infrastructure operator shall submit the information under proportionate, non-discriminatory and transparent conditions within two weeks of receipt of the written request, unless the infrastructure operator has already made that information publicly available in electronic format or it is accessible on the Agency’s website in accordance with paragraph 1 of this Article. (6) In the event of a dispute concerning the rights and obligations referred to in this Article, the Agency shall decide on the matter at the request of one of the parties in accordance with the procedure referred to in Article 286 of this Act. Article 12 (joint construction) (1) Notwithstanding the provisions of other regulations, infrastructure operators may enter into agreements with network operators on the coordination of civil works in order to deploy elements of electronic communications networks. (2) In the event of interest from interested co-investors in joint construction in accordance with the procedure laid down in the first paragraph of the preceding Article, which also contains a reference to technical and other conditions and a proposal for cost sharing, the persons liable for the joint development referred to in the first and second paragraphs of the preceding Article shall offer these interested co-investors the conclusion of an appropriate contract which takes into account the proportional part of the investment. If the investor and the co-investor concerned do not themselves agree on the conclusion of this agreement and its content within 30 days of the investor’s notification of the interest in joint construction, the Agency shall, at the request of one of the parties, decide on the matter in accordance with the procedure referred to in Article 286 of this Act, specifying, if necessary, the terms of the joint construction. At the request of the Agency, the investor must prove and justify the construction costs. The Agency’s decision must be objective, transparent, non-discriminatory and proportionate. (3) Where one of the parties is an investor in the field of energy, the Agency shall, for the purposes of decision-making on the basis of the preceding paragraph, obtain from the agency responsible for the field of energy information pertaining to the amount of eligible costs on the part of the investor in the field of energy. (4) After the conclusion of the relevant contract or the enforceability of the decision of the Agency referred to in the second paragraph of this Article, the investor in other types of commercial public infrastructure must plan their network in such a way that, in the context of the technical possibilities, at the same time, in accordance with the demonstrated interest, an electronic communications network and associated infrastructure may be built in accordance with the procedure referred to in the first paragraph of the preceding Article. (5) In the event of the realisation of a joint construction, the interested co-investor must inform the Agency thereof no later than 30 days after the start of the construction. (6) The taxable entity referred to in the first and second paragraphs of the preceding Article may refuse a request from an interested co-investor referred to in the second paragraph of this Article for an agreement on the coordination of civil works for the purpose of installing elements of electronic communications networks if: 1. this would result in additional costs for the initially planned construction works, including costs incurred as a result of additional delays due to the coordination of construction works, 2. this would hinder their control over the coordinated works, 3. the request for coordination of works is submitted less than 30 days before the application for a building permit or less than 30 days before the planned start of the works, where the building permit is not required. (7) The obligations of the infrastructure operator or another investor in public communications networks and investors in other types of public utility infrastructure referred to in the preceding Article and in the second, fourth, fifth and sixth paragraphs of this Article shall also apply in the case of maintenance work for the public benefit on the communication facilities referred to in the fourth paragraph of Article 10 of this Act and in the case of maintenance work for the public benefit, as laid down in sectoral regulations for individual other infrastructures. (8) Where the construction of the communication network and related infrastructure referred to in the second paragraph of Article 10 of this Act or of other commercial public infrastructure is financed from public funds from the national and municipal budgets, investors shall, when constructing this infrastructure, place a sufficiently high-capacity empty cable duct in them if, according to the data from the records in accordance with the first paragraph of Article 15 of this Act, there is no such cable duct in the planned area of construction and if they do not acquire a co-investor as referred to in the first paragraph of the preceding Article. The cable duct so constructed shall be available on equal terms to any natural or legal entity providing electronic communications networks and associated infrastructure. The Agency shall, by means of a general act referred to in paragraph 10 of this Article, determine what it considers to be of sufficient capacity to be empty cable ducts. The Agency may, by means of a general act, provide for exemptions from the obligation to lay an empty cable duct in cases where the imposition of obligations on the investor would be disproportionate to the anticipated benefits of laying an empty cable duct. (9) Notwithstanding the provision of the preceding paragraph, a public sector body which grants public funds as referred to in Article 20 of this Act may, in a public tender procedure, lay down different requirements for the imposition of sufficiently powerful free cable ducts. (10) The Agency shall issue a general act for the implementation of this and the preceding Article. Article 13 (relocation or modification of other installations and subsequent construction of other installations) (1) A network operator wishing to build a public communications network and associated infrastructure may, in the request for the establishment of easement, request the relocation or modification of other existing installations, but only if the public communications network and associated infrastructure would not be constructed and other installations may be relocated or modified without negative consequences for their use, and the combined use of the installations under the conditions of Article 136 of this Act is not possible. (2) The costs of relocation or modification of installations must be borne in full by the network operator that requested the relocation or modification. (3) The subsequent construction of other installations must be carried out in such a way as not to interfere with the existing public communications network and associated infrastructure. Article 14 (relocation and protection of existing communication networks) (1) If, as a result of the construction of municipal and other facilities, devices and installations, it is necessary to reschedule or protect the existing communication network and related infrastructure referred to in Article 10(4) of this Act, which is entered in the register referred to in the first paragraph of Article 15 of this Act, the investor must inform the owner of the network, who must be moved and protected, at least 30 days before the planned start of the works, and allow their authorised person to be present and professionally supervised in the execution of the works. Otherwise, the investor shall be liable to the owner for any damage incurred. (2) The relocation and protection referred to in the preceding paragraph may also be carried out by the owner of the network referred to in the preceding paragraph or by the operator authorised by the owner in agreement with the investor. (3) Notwithstanding the provisions of other laws, the costs of transfer or protection shall be borne by the investor for the construction of municipal and other buildings, installations and installations, provided that the investor for the construction of municipal and other facilities, devices and installations and the owner of the network referred to in the first paragraph of this Article do not stipulate otherwise in the contract. (4) The investor shall not be liable for any damage referred to in the first paragraph of this Article and shall not bear the costs of relocation or protection if the network and associated infrastructure referred to in the first paragraph of this Article are not entered in the register referred to in the first paragraph of Article 15 of this Act, unless the owner of the network as per the first paragraph of this Article proves that the investor knew about the existence of the network and the proposal for registration has already been submitted. Article 15 (registration) (1) The investor or operator of the communication network and associated infrastructure referred to in the second paragraph of Article 10 of this Act shall communicate data on the location and route, the type and current use of the communication network and the associated infrastructure, including the number of individual associated lines (optical fibre, copper pair, coaxial line and other) directly to the body responsible for geodetic matters, which performs the tasks of a single information point in respect of these data, for registration in the register of infrastructure networks and facilities in accordance with the regulation governing registration in this register. Any change to this information shall be notified to the competent authority within three months of its occurrence. (2) Notwithstanding the provision of the preceding paragraph, the obligation to communicate data shall not apply to the investor or the operator of the communication network and associated infrastructure for the purposes of security, police, defence and protection, rescue and assistance. (3) In order to ensure transparency and sharing of physical infrastructure, the Agency shall obtain information on their contact points from investors or operators of the communication network and associated infrastructure who have communicated data to the authority responsible for land surveying matters in accordance with the first paragraph of this Article and shall publish it on its website. (4) In addition to the data referred to in the first paragraph of this Article, the investor or the operator of the public communications network and associated infrastructure shall, in addition to the data referred to in the first paragraph of this Article, report the data on the existing state and capacity of the network connection point at a fixed location directly to the authority responsible for land surveying matters in accordance with the regulation referred to in the first paragraph of this Article. Any change to this information shall be notified to the competent authority within three months of its occurrence. The data from the record on the existing status and capacity of the network termination point shall be public. (5) In agreement with the minister responsible for infrastructure and the minister responsible for spatial planning, the Minister shall issue the rules for the implementation of the provisions of paragraphs 1, 4 and 7 of this Article. (6) For the purposes of implementing this Act, the Agency may, in application of Articles 265 and 266 of this Act mutatis mutandis, require the taxable entities referred to in the first paragraph of this Article to provide information on the availability of the networks and facilities referred to in the first paragraph and keep records thereof and enable interested parties to consult these data in relation to the procedures conducted. In doing so, the Agency may not request data already transmitted by the entities liable to the body responsible for surveying matters in accordance with the first paragraph of this Article. (7) The infrastructure operator must also communicate the data referred to in the first paragraph of this Article for electronic communications networks which is not covered by the second paragraph of Article 10 of this Act. The data must be communicated directly to the body responsible for land surveying matters for registration in the register of infrastructure networks and facilities in accordance with the regulation governing registration in that register. Any change to the data shall be notified to the competent authority within three months of its occurrence. Article 16 (access of the network operator to the data on existing physical infrastructure) (1) If the data referred to in the first and third paragraphs of the preceding Article are not accessible in the case of electronic communications networks or data on location and route, the type and current use of physical infrastructure and the contact point in the case of other infrastructure operators that are entered in the register of infrastructure networks and facilities in accordance with the regulation governing registration in this register, the network operator may request the infrastructure operator to allow access to these data. In the request, the network operator shall specify the area to which the setting up of the elements of electronic communications networks relates. (2) The infrastructure operator shall grant access to the data under proportionate, non- discriminatory and transparent conditions within two months of receipt of the written request referred to in the preceding paragraph. It must provide the information in the form required for registration in the register of infrastructure networks and facilities in accordance with the regulation governing registration in this register. (3) Notwithstanding the preceding paragraph, the infrastructure operator may refuse access to data if this is necessary for reasons of network security, national security, public health or security. (4) In a written request specifying the network elements to which the set up of electronic communications networks relates, the network operator may request an on-site inspection of certain elements of the physical infrastructure by the infrastructure operator in the presence and professional supervision of the authorised person of the infrastructure operator. The infrastructure operator shall, under proportionate, non-discriminatory and transparent conditions, grant a reasonable request for review within 30 days of receipt of the written request, unless this is not appropriate for the reasons set out in the preceding paragraph. (5) The network operator shall comply with the rules on classified information, the rules governing the protection of business secrets, the rules governing the protection of personal data and the rules governing the protection of personal data and shall take appropriate technical and organisational measures to protect confidentiality, secrecy and operational and business secrets with regard to information obtained under this Article. (6) If infrastructure operators themselves do not agree on access to data on the basis of this Article, the Agency shall, at the request of one of the parties, decide on the matter in accordance with the procedure referred to in Article 286 of this Act. (7) The provisions of this Article shall apply mutatis mutandis to the data on unused optical fibres referred to in Article 140 of this Act. (8) The competent public sector body which, in the course of its work, disposes of information referred to in the first paragraph of this Article shall, at its request, transmit that information to the network operator. Article 17 (buffer zone of electronic communications systems) (1) A buffer zone of electronic communications systems is a land zone adjacent to communication lines and facilities in which other facilities may be constructed and works, which may affect the operation of the electronic communications network, may be carried out only under certain conditions and at a certain distance from the ducts and facilities of that network. (2) The width of the buffer zone of the electronic communications network shall take place: 1. for a line facility on each side of the axis of the line communication line and shall be three metres, 2. for a polygon object on all sides from the outer edges of the area of the polygon communication facility and shall be five metres; and 3. for the point facility on all sides from the outer edges of the point communication facility and shall be 1.5 metres. (3) The conditions under which other facilities and devices in the buffer zone of the electronic communications system may be constructed in accordance with the regulations on the construction of buildings and spatial planning, and the conditions under which works may be carried out in the area of the buffer zones of the electronic communications system, shall be laid down by the Minister in agreement with the minister responsible for spatial planning and construction.  Article 18 (forecast of setting networks) (1) The Agency shall publish, at least every three years, a public call to inquire about the intention of investors to build very high capacity networks or to upgrade or extend existing networks to enable speeds of at least 100 Mbps within a time limit set by the Agency, which shall not be shorter than three years. (2) The Agency shall decide to what extent the information collected pursuant to the preceding paragraph shall be taken into account in the light of its competences laid down in this Act. (3) On the basis of the data from the records referred to in the first and fourth paragraphs of Article 15 of this Act and the data collected pursuant to the first paragraph of this Article, the Agency may designate individual areas in which no network with a speed of at least 100 Mbps is planned within the period referred to in the first paragraph of this Article. Article 19 (inquiry into market interest for the construction of high capacity networks) (1) A public sector body that grants public funds as referred to in Article 20 of this Act shall submit to the Agency an application to carry out a market interest inquiry for the construction of high-capacity access networks or the upgrading or extension of the existing networks in such a way as to enable transmission speeds of at least 100 Mbps towards the user in the next three years. (2) The application referred to in the preceding paragraph shall contain at least information on: 1. a public co-investor, 2. the deadline by which the public sector body allocating public funds requires the data, 3. the type of infrastructure or network for which public funding is allocated, 4. cable duct diameter or pipe diameter in millimetres for infrastructure or transmission speeds in Mb/s for the network for which public funding is allocated, 5. the estimated time of construction of the infrastructure or network for which public funding is allocated, which shall not exceed three years; and 6. the geographical area for which public funding is allocated. (3) In the application referred to in the first paragraph of this Article, the public sector body may stipulate that, in addition to information referred to in the preceding paragraph, the notice of the construction forecast must contain other data, such as information on the planned project and a detailed construction schedule, evidence of financial feasibility of the planned investment projects and the suitability of the envisaged technologies in relation to the objectives set and any other annexes by means of which the investor will credibly demonstrate the feasibility of the expressed market interest. (4) The data collected pursuant to this Article shall be at least as detailed as the data collected under the preceding Article. (5) The Agency shall carry out the inquiry into market interest referred to in the first paragraph of this Article. If, on the basis of the data collected, the Agency identifies an overlapping market interest of investors, it shall inform the investors concerned and the public sector body referred to in the first paragraph of this Article in writing. (6) In the case referred to in the preceding paragraph, investors may conclude an agreement aimed at avoiding the construction of duplicate infrastructure within 30 days of receiving written notification from the Agency. This agreement must comply with the rules governing the prevention of restrictions of competition. Broadband network must be an open communications network in areas in which investors have agreed to share market interest, otherwise collusion is not permissible. (7) Investors who have agreed on the allocation of market interest in accordance with the preceding paragraph shall, within 15 days of the conclusion of the agreement, provide the Agency with revised data, which may cover only the areas of shared market interest referred to in the preceding paragraph. (8) If investors do not conclude the agreement referred to in the sixth paragraph of this Article, the Agency shall inform the public sector body referred to in the first paragraph of this Article. (9) The Agency shall communicate information obtained to the public sector body, which submitted the application, within an agreed time limit which shall not exceed six months. (10) On its website, the Agency shall publish information on the areas referred to in the third paragraph of the preceding Article and the stated intentions for the set up of networks referred to in the first paragraph of the preceding Article and the demonstrated market interest on the basis of the inquiries referred to in the first paragraph of this Article. (11) In order to implement this Article, the Agency shall issue a general act. Article 20 (use of public funds) (1) Funds for the construction of high capacity access networks or the upgrading or extension of existing networks to enable transmission speeds of at least 100 Mbps may also be provided from public funds in accordance with EU rules governing the compatibility of certain categories of aid with the internal market in the application of Articles 107 and 108 of the Treaty. (2) The public sector body that allocates public funds for the construction of high capacity access networks as referred to in the preceding paragraph shall take into account the collected data on electronic communications networks from the records referred to in the first and fourth paragraphs of Article 15 of this Act and the data on the announcement of the deployment of networks collected in accordance with Articles 18 and 19 of this Act. (3) By means of a decree, the Government shall lay down more detailed conditions for the implementation of this Article, such as the conditions for the use of public funds, the eligible costs, the content of the application for public co-financing of the project, the method of determining the price of the operator’s access to the co-financed network and the establishment of a monitoring and reimbursement mechanism. Article 21 (conclusion of contracts of market interest) (1) If, on the basis of information provided by the Agency pursuant to the ninth paragraph of Article 19 of this Act, the public sector body finds that the investor has not credibly demonstrated the market interest by means of the notification referred to in the third or seventh paragraphs of Article 19 of this Act, it shall issue a decision refusing to recognise the market interest. The decision of the public sector body is final. An administrative action may be brought against the decision. (2) On the basis of the information provided to it by the Agency pursuant to the ninth paragraph of Article 19 of this Act, the public sector body shall offer the investor the conclusion of a contract whereby the investor undertakes to build a broadband network within three years of the signing of the contract in the areas and to the extent it has shown in the notification referred to in the third or seventh paragraphs of Article 19 of this Act. The public sector body shall send a copy of the signed contract and any associated agreement referred to in the sixth paragraph of Article 19 of this Act to the Agency. If the investor fails to sign the contract within 15 days, it shall be deemed that they have withdrawn from the expressed market interest. In this case, the public sector body shall issue the decision referred to in the preceding paragraph. (3) The contract referred to in the first sentence of the preceding paragraph may provide for a contractual penalty in the event of failure to fulfil the obligations referred to in the preceding paragraph. (4) If the operator fails pursue market interest in accordance with the contract referred to in the preceding paragraph and delays the planned activities by more than six months, the public sector body shall terminate the contract as a result of the operator’s infringement and shall disregard that part of the market interest and inform the Agency thereof. When verifying the performance of the contract, the public sector body may request technical assistance from the Agency. From the date of termination of the contract as a result of the operator’s infringement, the operator shall be deemed to have failed to comply with the construction obligations referred to in the second paragraph of this Article. (5) If the investor fails to complete the planned construction in a given area within the deadline, the public sector body may use the public funds referred to in Article 20 of this Act for that area. (6) Where public funds are awarded by a local authority pursuant to Article 20 of this Act, the Ministry may be authorised for the conclusion of contracts on the basis of this Article.  Article 22 (supervision) The Agency shall supervise the implementation of the provisions of this Chapter, with the exception of Articles 20 and 21 of this Chapter, and of regulations and acts issued on the basis thereof, in cooperation with the inspector responsible for construction. IV. EXPROPRIATION AND LIMITATIONS OF THE RIGHT TO PROPERTY Article 23 (withdrawal or limitation of ownership or other right in rem in the construction of public communications networks) (1) The construction, installation, operation or maintenance of public communications networks and associated infrastructure in accordance with the regulations is in the public interest. (2) The public communications network must be designed in such a way as to minimise interference with foreign property. (3) The right to property or other right in rem on immovable property may be withdrawn or restricted in the public interest where this is necessary for the construction, installation, operation and maintenance of the public communications network and associated infrastructure. (4) The right to property or other right in rem on immovable property shall be withdrawn or restricted in accordance with the procedure and manner laid down by the act governing the expropriation of immovable property and limitations of the right to property and the act governing rights in rem, unless otherwise provided for in this Act. (5) Without prejudice to the provisions of the Act governing the expropriation of real estate and the limitation of the right to property, the Government shall decide, on the proposal of the network operator, to limit the ownership or other right in rem in real estate owned by the Republic of Slovenia with easement for the purpose referred to in the third paragraph of this Article, on the predominance of the public benefit of the construction, installation, operation or maintenance of public communications networks and associated infrastructure over another public benefit if no easement is established by contract in accordance with Article 27 of this Act. The Government shall either order the operator of real estate owned by the Republic of Slovenia to conclude a contract or reject the proposal of the network operator. (6) A network operator wishing to carry out the work referred to in the first paragraph of this Article on, over or under a foreign property may act as an expropriator in the process of expropriation or as a dominant owner in the process of establishing easement. (7) The decision-making process of expropriation or the establishment of easement in favour of a network operator is an urgent case as per the act governing the expropriation of immovable property and the limitation of the right to property.  Article 24 (networks for security, police, defence and protection, rescue and assistance) The provisions of the preceding Article shall also apply to electronic communications networks and associated infrastructure for the purposes of security, police, defence and protection, rescue and assistance. Article 25 (establishment of easements on immovable property owned by bodies governed by public law when establishing electronic communications networks other than public communications networks) (1) The construction, installation, operation or maintenance of electronic communications networks other than those referred to in Articles 23 and 24 of this Act and associated infrastructure on immovable property owned by bodies governed by public law in accordance with the regulations shall be in the public interest. (2) The electronic communications network referred to in the preceding paragraph shall be designed in such a way as to minimise interference with the property of bodies governed by public law. (3) Property or other right in rem over immovable property owned by bodies governed by public law may be encumbered with easement in favour of a natural or legal entity providing electronic communications networks other than the networks referred to in Articles 23 and 24 of this Act where this is necessary for the construction, installation, operation and maintenance of that network and related infrastructure. (4) In the cases referred to in the preceding paragraph, the ownership or other right in rem of immovable property owned by bodies governed by public law shall be encumbered by easement in accordance with the procedure and manner laid down by the act governing the expropriation of immovable property and limitations of the right to property and the act governing rights in rem, unless otherwise provided for in this Act. (5) A natural or legal entity that provides an electronic communications network other than the network referred to in Articles 23 and 24 of this Act and wishes to carry out the work referred to in the first paragraph of this Article on immovable property owned by bodies governed by public law may act as a servitude beneficiary in the process of establishing the easement. Article 26 (easement) (1) Easement under this Act is a right in rem which, for the dominant owner referred to in Articles 23, 24 and 25 of this Act, includes the following entitlements: 1. construction, installation, operation and maintenance of the electronic communications network and associated infrastructure, 2. access to the electronic communications network and associated infrastructure for the purposes of operation and maintenance, 3. removal of natural barriers to the construction, deployment, operation and maintenance of an electronic communications network. (2) The rights referred to in the preceding paragraph must be exercised by the beneficiary in such a way as to disturb the owner of the property only to the minimum necessary and to encumber the usufruct land. If the owner of the property suffers damage as a result of the exercise of those rights, the entity responsible for the property is obliged to provide compensation in accordance with the Code governing obligations. Article 27 (establishment of easement) (1) Easement shall be concluded to the extent and for the period of time strictly necessary for the construction, installation, operation or maintenance of the electronic communications network and for the duration of operation of the electronic communications network and associated infrastructure. (2) In order to establish easement, the dominant owner must submit a proposal for a contract to the owner of the property. (3) The mandatory component of the contract is a provision on the amount of monetary compensation for easement, and in cases relating to the limitation of ownership or other right in rem over immovable property in the construction, installation, operation or maintenance of public communications networks and associated infrastructure referred to in Article 23 of this Act, as well as a provision on the admissibility of the joint use of communication facilities by the beneficiary of the service on its part and other natural and legal entities providing electronic communications networks, in accordance with the provisions of this Act. The holder of a joint use right shall, to the extent necessary to implement the joint use, have the rights referred to in the preceding Article. (4) The financial compensation referred to in the preceding paragraph may not exceed a reduction in the value of the serving property or actual damage and loss of profit, including due to the permissibility of the joint use of communication facilities by the beneficiary and other natural and legal entities providing electronic communications networks, in accordance with the provisions of this Act and the restrictions imposed on the investor from the first to third paragraphs of Article 14 of this Act when transferring public communications networks. (5) In the case of the establishment of easement on real estate owned by the State or a self- governing local community, the mandatory component of the contract for the benefit of the network operator shall also be the provision on the admissibility of joint construction by another network operator in accordance with Article 12 of this Act. The admissibility of joint construction shall apply only to the construction on the same route as laid down in the contract between the original investor and the owner of the property. In this case, the mandatory element of the contract is also a provision on the amount of the financial compensation to be paid by the interested co-investor to the owner of the property in the event of joint construction. The amount of this cash compensation may not exceed the amount of the cash compensation paid to the owner of the property by the original investor. (6) The provisions of paragraphs 2 and 4 of this Article shall not apply where easement is established on the basis of a proposal for a contract of the operator of another public economic infrastructure on which the easement is established in accordance with the acts governing public infrastructure. (7) Notwithstanding the provision of the third paragraph of this Article, the easement of the construction of public communications networks and associated infrastructure financed by public funds in accordance with Article 20 of this Act shall be free of charge for real estate owned by the State or a self-governing local community. (8) If the owner of the property does not consent to the conclusion of the contract within ten days of receipt of the draft contract, the dominant owner may request that the establishment of easement be decided by the competent administrative authority in accordance with Articles 23, 24 and 25 of this Act. (9) In addition to the elements laid down by the act governing the establishment of easement for the purposes of construction, the mandatory component of the contract for the establishment of easement for the benefit of the infrastructure operator is also the provision on the admissibility of joint use by the network operator. The possibility of sharing physical infrastructure by network operators shall also be taken into account when determining the amount of the monetary compensation for easement. The amount of the monetary compensation in so far as it relates to the joint use of physical infrastructure by network operators may also be determined by the conclusion of an annex to the contract no later than 10 days before the joint implementation takes place. Article 28 (conditions for decision-making by the competent authority) (1) When deciding on the establishment of easement, the competent administrative authority must determine and take into account whether: 1. the acquisition of easement is a necessary condition for the construction, installation, operation or maintenance of an electronic communications network and associated infrastructure; 2. the construction of the electronic communications network and associated infrastructure has been designed in such a way as to minimise interference with foreign property; 3. the exercise of easement will significantly impede the owner of the property. (2) There is a significant impediment to the owner of the property referred to in point 3 of the preceding paragraph in cases in which it: 1. disables or makes it significantly difficult for the owner of the property to access the property (to the land or building on it), 2. disables or significantly complicates the activity of the owner of the property, 3. the value of the property (land or object on it) is significantly reduced. Article 29 (decision of the competent administrative authority) (1) The competent administrative authority shall by means of a decision establish the easement to the extent and for the period of time strictly necessary for the construction, installation, operation or maintenance of the electronic communications network and for the duration of operation of the electronic communications network and the associated infrastructure. A mandatory element of the decision establishing easement is the provision on the admissibility of joint use of communication facilities of the beneficiary and other natural and legal entities providing electronic communications networks in accordance with this Act. (2) In addition to the elements laid down in the act governing the establishment of easement for the purposes of the construction of other public utility infrastructure, the mandatory component of the decision establishing easement for the benefit of the infrastructure operator is the provision on the admissibility of joint use of physical infrastructure by network operators. Article 30 (discontinuation of easement) (1) Easement shall cease on the basis of the agreement of both parties or when the time for which it was established expires. (2) Easement may be terminated on the basis of a decision of the competent administrative authority if it is established: 1. that easement is no longer required at the request of one of the parties, 2. at the request of the owner of the property that the entitlement holder has not commenced the exercise of the entitlements within three years, unless there are reasonable grounds for doing so. V. RADIO SPECTRUM MANAGEMENT 1. General provisions Article 31 (radio spectrum management) (1) Radio spectrum is a limited natural asset with significant social, cultural and economic value. (2) In accordance with international legal acts applicable in the Republic of Slovenia, national authorities shall ensure the efficient and uninterrupted use of the radio spectrum in the Republic of Slovenia and the rights of the Republic of Slovenia to orbital positions. In doing so, they shall also take the utmost account of the recommendations of the ITU. (3) Radio spectrum of the Republic of Slovenia is managed by the Agency on the basis of a public mandate, taking into account the strategic orientations of the Ministry and strategic documents of the Republic of Slovenia and the EU. The Agency shall draw up a radio spectrum management strategy of at least three years and submit it to the Government for approval. After obtaining approval, the Agency shall publish the strategy on its website. (4) In the event of harmful cross-border interference caused by the transmission of radio signals from other countries in contravention of the international legal acts referred to in the second paragraph of this Article, the Agency may adopt necessary and proportionate measures to protect the uninterrupted use of radio spectrum in the Republic of Slovenia. These measures include, in particular, an increase in the permissible transmitting power, a change in the antenna radiation diagram, a change in polarisation, a change in the height of the antenna above the terrain, and a change in the location of the transmission if this does not alter the coverage range. Article 32 (general radio spectrum management principles) The Agency and the competent national authorities shall promote the harmonisation of the use of radio spectrum for electronic communications networks and services in the EU in order to ensure successful and efficient use and benefits for consumers, such as increased competition, economies of scale and interaction between networks and services. In accordance with Article 33 of this Act and in accordance with Decision 676/2002/EC, inter alia: 1. they shall aim to ensure the coverage of the territory of the Republic of Slovenia and its population by high-quality and fast wireless broadband connections and the coverage of the main national and European transport routes, including the trans-European transport network referred to in Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348 of 20. 12. 2013, p. 1); 2. promote the rapid development of new wireless communication technologies, including a cross-sectoral approach where appropriate, 3. ensure predictability and consistency in the issuing of decisions on the assignment of radio frequencies, their renewal, amendments and repeals with a view to promoting long-term investment; 4. prevent harmful interference or cross-border harmful interference in accordance with Articles 33 and 39 of this Act and take appropriate measures to that end, including preventive measures, 5. encourage the sharing of radio spectrum between similar or different uses of radio spectrum in accordance with the rules governing the prevention of restrictions of competition, 6. in accordance with Article 39 of this Act, provide for the use of the most appropriate and simplest rights-granting systems in the allocation of radio frequencies, ensuring maximum flexibility, sharing and efficiency in the use of radio spectrum, 7. apply rules for the allocation, renewal, transposition, amendment and revocation of radio frequency allocation decisions, which are clearly and transparently established to ensure regulatory certainty, consistency and predictability; 8. they shall seek consistency and predictability in relation to the use of radio spectrum in order to protect public health in accordance with the rules governing electromagnetic fields in the natural and living environment. Article 33 (strategic planning and coordination of radio spectrum policy and its cross-border coordination) (1) The Agency and the competent national authorities shall cooperate with the European Commission and the authorities of other EU Member States on strategic planning, cross- border coordination and coordination of the use of radio spectrum in the EU, in compliance with EU policies on the establishment and functioning of the internal market in electronic communications. In doing so, they shall take into account, inter alia, economic and safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects relating to the EU policies, as well as the different interests of radio spectrum users, with a view to optimise the use of radio spectrum and avoid harmful interference. (2) The Agency and the competent national authorities shall, in cooperation with the European Commission and bodies in other EU Member States, promote the coordination of radio spectrum policy approaches across the EU and, where necessary, harmonised conditions regarding the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications. (3) The Agency and the competent national authorities within the Radio Spectrum Policy Group (RSPG) shall, in cooperation with other EU Member States and the European Commission in accordance with the first paragraph of this Article, and at their request with the European Parliament and the Council, ensure that, in support of strategic planning and coordination of radio spectrum policy approaches in the EU, they shall: 1. develop best practices on radio spectrum related issues with a view to the implementation of Directive (EU) 2018/1972; 2. promote coordination between Member States with a view to implementing Directive (EU) 2018/1972 and other EU rules and contributing to the development of the internal market, 3. harmonise approaches to the assignment and authorisation of radio spectrum use and publish reports or opinions on radio spectrum related issues. (4) The Agency and national competent authorities shall cooperate with the competent authorities of other Member States and within the framework of the RSPG to ensure that Member States may use harmonised radio spectrum on their territory and resolve any problems or disputes concerning cross-border coordination or harmful cross-border interference with other Member States or third countries, which prevent the Republic of Slovenia or other Member States from using the harmonised radio spectrum on their territory. The Agency and the competent national authorities shall take the necessary measures to this end without prejudice to the obligations laid down in international acts applicable in the Republic of Slovenia governing radio spectrum. (5) The Ministry may ask the RSPG to intervene in solving problems related to cross-border coordination or harmful cross-border interference. A proposal to the Ministry to make such a request may also be made by the Agency. Article 34 (allocation plan for radio frequency bands) (1) The Government, acting on a proposal from the Minister, shall adopt an allocation plan for radio frequency bands by means of a decree establishing radio communications services in connection with radio frequency bands, the use of radio frequency bands and other issues relating to their use. (2) The technical material for the proposal for a regulation referred to in the preceding paragraph shall be prepared by the Agency in accordance with the international legal acts governing the field of radio spectrum, which are applicable in the Republic of Slovenia. Article 35 (radio frequency utilisation plan) (1) The plan for the use of radio frequencies, which shall comply with the plan referred to in the preceding Article, shall be adopted by the Agency by means of a general act. (2) By means of the general act referred to in the preceding paragraph, the Agency shall define in more detail the purpose of the use and the method of assignment of radio frequencies within the radio frequency bands provided for in the regulation referred to in the preceding Article for individual radio communications services and shall determine the technical parameters for the use of radio frequencies. In so doing, it shall determine in which cases the harmonised radio spectrum is concerned. (3) The Agency shall adopt the general act referred to in the first paragraph of this Article, taking into account the security and defence needs of the State, protection against natural and other disasters, air traffic security and any additional needs of the ministry responsible for defence and the ministry responsible for internal affairs arising from situations of threat. (4) The general act referred to in the first paragraph of this Article shall be adopted by the Agency: 1. in the part relating to radio frequencies intended for the security and defence of the State and protection against natural and other disasters, in agreement with the ministry responsible for defence, the ministry responsible for environmental protection, the ministry responsible for internal affairs and the Director of the Slovenian Intelligence and Security Agency (hereinafter: Director of the Slovenian Intelligence and Security Agency), 2. in the part relating to radio frequencies intended for air traffic safety needs, in agreement with the ministry responsible for environmental protection and the ministry responsible for transport. Article 36 (technological neutrality) (1) All types of technologies used for electronic communications services that meet the minimum technical requirements in accordance with the purpose of the use of radio frequencies as per the general act referred to in the previous Article may be used in the radio frequency bands identified in the plan referred to in Article 34 of this Act as available for electronic communications services in accordance with EU regulations. (2) Notwithstanding the provision of the preceding paragraph, the Agency shall, by means of the general act referred to in the preceding Article, impose proportionate and non- discriminatory restrictions on the types of radio network technologies or wireless access technologies used for electronic communications services if this is necessary for: 1. prevention of harmful interference, 2. protection of public health against electromagnetic fields, 3. ensuring technical quality of service, 4. ensuring maximum sharing of radio frequencies, 5. protection of efficient use of spectrum, 6. pursuit of an objective of public interest under Article 37(2) of this Act. (3) The Agency shall set limits for the reason referred to in point 2 of the preceding paragraph if it receives such guidance from the ministry responsible for the environment or the ministry responsible for health. Article 37 (service neutrality) (1) In the radio frequency bands identified in the plan referred to in Article 34 of this Act as available for electronic communications services, all electronic communications services which comply with the minimum technical requirements within the radio frequency bands may be provided, as laid down in the general act referred to in Article 35 of this Act. (2) Notwithstanding the provision of the preceding paragraph, the Agency shall, by means of a general act referred to in Article 35 of this Act, prescribe the provision of a specific electronic communications service in a particular radio frequency band if it is assessed as necessary for: 1. safety of life; 2. the promotion of social, regional or territorial cohesion; 3. the prevention of inefficient use of radio frequencies; 4. promotion of cultural and linguistic diversity and media pluralism through the allocation of radio frequencies for broadcasting. (3) Notwithstanding the provisions of the first and second paragraphs of this Article, the Agency shall, by means of a general act referred to in Article 35 of this Act, lay down a prohibition on the provision of any other electronic communications service in a particular radio frequency band if it is assessed as necessary for the reason referred to in point 1 of the preceding paragraph. Article 38 (review of restrictions and measures related to ensuring technology and service neutrality) At regular intervals, which may not exceed three years, the Agency shall examine the necessity of restrictions and measures arising from the second paragraph of Article 36 and the second and third paragraphs of Article 37 of this Act. The Agency shall publish the results of the review on its website. Article 39 (radio frequency use) (1) In the Republic of Slovenia, radio frequencies are used on the basis of a general authorisation, where this results from the general act referred to in Article 35 of this Act, or on the basis of a decision on the allocation of radio frequencies, where the Agency considers it necessary by means of a general act referred to in Article 35 of this Act. In doing so, the Agency shall take into account: 1. prevention of harmful interference, 2. the specific characteristics of individual radio frequencies (e.g. with regard to radio wave propagation and predicted transmission power levels), 3. conditions for sharing spectrum, where appropriate; 4. the need to ensure the technical quality of communications or services, 5. protection of efficient use of spectrum, 6. the pursuit of public interest objectives in the allocation of radio frequencies for broadcasting. (2) The general act referred to in Article 35 of this Act may, where appropriate, provide for a combination of a general authorisation and the issuing of a decision on the allocation of radio frequencies for individual radio frequencies. In doing so, the Agency shall take into account the effects of different combinations and the gradual transition from one mode of use of radio frequencies to another on the development of innovative services and ensuring competition in the market. (3) The Agency shall determine in the general act referred to in Article 35 of this Act in which radio frequency bands the sharing of radio spectrum bands is permitted, while at the same time specifying the conditions of sharing. These should promote the efficient use of radio spectrum, and ensure competition and innovation. (4) Notwithstanding the provisions of the first and second paragraphs of this Article, radio frequencies which are provided for by the general act referred to in Article 35 of this Act for the security and defence of the State and protection against natural and other disasters shall not be required to obtain a decision on the allocation of radio frequencies. Notwithstanding the foregoing, the Agency shall also, in such cases, issue a decision on the assignment of radio frequencies at the request of the applicant. (5) The Government shall, at a proposal of the minister responsible for defence, regulate the management and allocation of radio frequencies referred to in the preceding paragraph by means of a decree. (6) The Agency shall prepare an overview of the radio frequencies assigned, which shall contain information regarding to which natural or legal entities the specified radio frequencies are assigned, but shall not contain the data for radio frequencies referred to in the fourth paragraph of this Article. The data from the review of radio frequencies allocated shall be public. The Agency shall make the review of the radio frequencies allocated publicly available and shall keep it up to date.  Article 40 (provision of radio amateur services) (1) Radio amateurs may use the radio frequencies provided for in the general act referred to in Article 35 of this Act for amateur and radio amateur satellite services on the basis of a radio amateur licence. (2) Foreign radio amateurs may use the radio frequencies referred to in the preceding paragraph if they hold a valid radio amateur licence from the European Conference of Postal and Telecommunications Administrations (CEPT). Foreign radio amateurs who do not have a valid CEPT radio licence shall be granted a provisional authorisation by the Agency using mutatis mutandis the third and fourth paragraphs of this Article. (3) The Agency shall issue the permit referred to in the first paragraph of this Article in accordance with the provisions of the act governing the general administrative procedure based on the application of a radio amateur, an association or a federation of associations into which radio amateurs are grouped, which encloses the application with a certificate of completion of the examination for a radio amateur, or the application of a legal person, which attaches to the application a proof of registration of the association or other legal person on the basis of the act governing the organisation of associations, and a valid radio amateur licence from a member of the association. (4) In addition to the elements provided for by the act governing the general administrative procedure, the radio amateur licence shall contain: 1. data on the holder of the radio amateur licence, 2. assigned call sign, 3 class of radio amateur and 4. the period of validity of the radio amateur licence. (5) The Agency shall, by means of a general act, further regulate the manner in which this Article is implemented. 2. Procedure 2.1 Procedure for issuing a radio frequency allocation decision Article 41 (procedure for issuing a decision on the allocation of radio frequencies) (1) The Agency shall issue a decision on the allocation of radio frequencies in accordance with the general act on the plan for the use of radio frequencies referred to in Article 35 of this Act in accordance with the provisions of the law governing the general administrative procedure and following a prior call for tenders in cases in which this Act provides for this. Radio frequency allocation procedures shall be open, objective, transparent, proportionate and non- discriminatory. (2) The decision shall be issued on the basis of an invitation to tender for which, in the procedure referred to in Article 46 of this Act, it is established that the effective use of a particular radio frequency can be ensured only by limiting the number of decisions on the allocation of radio frequencies issued. (3) The decision on the allocation of radio frequencies for broadcasting and the decision on the allocation of radio frequencies for the provision of terrestrial wireless broadband electronic communications services and other public communications services to end-users for national coverage shall be issued on the basis of a public tender without the implementation of the procedure referred to in Article 46 of this Act. If the Agency receives an initiative from an interested party to use available radio frequencies for broadcasting or radio frequencies for the provision of the services referred to in the previous sentence for a call for tenders, it shall be identified in writing within 30 days of receiving the initiative. In its reply, the Commission must explain whether it intends to carry out a call for tenders in relation to the radio frequencies in question and state the reasons for its decision. If it accepts the invitation to tender, it must implement it without delay. If an initiative is rejected because of the need for international harmonisation of radio frequency, the Agency shall also explain in its reply to the initiator the timetable for international harmonisation. If the Agency is required to carry out additional checks or activities related to the international harmonisation of radio frequency before preparing a reply, it may also reply to the interested party at a later time, whereby the latter must be informed of the reasons and longer deadline within 30 days of the initiative being received. (4) Notwithstanding the provision of the preceding paragraph, the Agency shall issue a decision on the allocation of radio frequencies referred to in the fourth to sixth paragraphs of Article 65 of this Act without a public tender. (5) Notwithstanding the provision of the third paragraph of this Article, the Agency shall issue a decision on the allocation of radio frequencies for broadcasting to providers of content broadcasting services without a call for tenders for the purpose of pursuing public interest objectives in accordance with Article 85 of this Act. (6) The Agency shall issue a decision on the allocation of radio frequencies to a natural or legal entity selected by a transparent and open procedure (ministries or local authorities) as an operator using the budgetary resources of the established broadband network for the area in which that network is built. The decision shall be issued on the basis of the act governing the general administrative procedure and without carrying out the procedure referred to in Article 46 of this Act. Article 42 (harmonised radio frequency allocation in relation to joint selection procedures) (1) If the use of certain radio frequencies has been harmonised, the conditions and procedures for access have been agreed and the natural or legal entities to whom radio frequencies are assigned have been selected in accordance with international agreements and EU regulations, those entities shall acquire the right to use these radio frequencies in the Republic of Slovenia on the basis of a decision issued on the basis of this Act. (2) Where the general act referred to in Article 35 of this Act prescribes the use of radio frequencies on the basis of a decision on the allocation of radio frequencies, the Agency shall issue a decision on the basis of the provisions of the law governing the general administrative procedure and without a prior tendering procedure. If, in the selection procedure referred to in the preceding paragraph, all the conditions laid down for the allocation of these radio frequencies by this Act have been met, the Agency may not impose on them additional conditions, criteria or procedures which may limit, amend or delay the issuing of a decision on the assignment of radio frequencies. (3) Natural or legal entities that acquire the right to use radio frequencies as referred to in the first paragraph of this Article in the Republic of Slovenia without a decision of the Agency may use these frequencies only in accordance with an optional decision of the EU institutions (hereinafter: the optional decision) and the EU rules on the basis of which it was issued, and must comply with all the conditions arising therefrom. The Agency must inform these entities accordingly about their rights and the way in which they are exercised in the Republic of Slovenia. In doing so, the Agency shall take into account the optional decision and the EU regulation on the basis of which it was issued. (4) The Agency shall monitor and supervise the use of radio frequencies referred to in the first paragraph of this Article, taking into account EU rules, including, where specified, reporting to the European Commission. Article 43 (joint selection procedure) (1) Where the Agency receives an initiative for the assignment of radio frequencies as part of a joint allocation procedure with one or more other EU Member States, it shall initiate the radio frequency allocation process in accordance with the provisions of this Act. In doing so, it shall take into account the commonly agreed plan, the conditions set out in the joint authorisation procedure, inter alia, in order to provide similar radio spectrum blocks to interested parties for the assignment. The Ministry may give guidance to the Agency to initiate the procedure. (2) Until a joint selection procedure is carried out, the Agency must allow other EU Member States to join the procedure. (3) Where the Agency does not carry out a joint authorisation procedure, it shall inform the initiator of the reasons for such a decision. Article 44 (coordinated radio spectrum allocation schedule) (1) The Agency and other competent authorities shall cooperate with the competent authorities of other EU Member States with a view to coordinate the use of a harmonised radio spectrum for electronic communications networks and services in the EU. (2) For harmonised radio spectrum for wireless broadband networks and services, the Agency shall, as soon as possible after the entry into force of the technical implementing measures in accordance with Decision 676/2002/EC, carry out a procedure for the adoption of decisions on the assignment of radio frequencies and in any event no later than 30 months after the entry into force of the technical implementing measures or as soon as possible after the withdrawal of the decision on the admissibility of the alternative use referred to in Article 47 of this Act. (3) The Agency may, to the extent necessary for the reasons referred to in points 1 or 4 of the second paragraph of Article 37 of this Act, delay the procedure referred to in the preceding paragraph for individual radio frequencies due to: 1. unresolved issues in the framework of cross-border coordination with third countries causing harmful interference, if the Republic of Slovenia has, where appropriate, previously requested the EU for coordination assistance, 2. security and defence of the State, 3 force majeure. (4) The Agency shall review the justification of the deferral referred to in the preceding paragraph at regular intervals which may not exceed two years. (5) The Agency may postpone the procedure referred to in the second paragraph of this Article for individual radio frequencies to the extent necessary and for a maximum period of 30 months due to: 1. unresolved issues in the framework of cross-border coordination with other Member States causing harmful interference, if the Republic of Slovenia has previously requested the RSPG for assistance, 2. the provision and complexity of ensuring the technical migration of existing holders of decisions on the allocation of these radio frequencies. (6) The Ministry shall inform other Member States and the European Commission of the deferral referred to in the third paragraph or the deferral referred to in the fifth paragraph of this Article. The notification shall state the reasons for the delay. Article 45 (issue of the decision on the assignment of radio frequencies) (1) In addition to the elements laid down by the law governing the general administrative procedure, the application to initiate the procedure for obtaining a decision on the allocation of radio frequencies must contain the information necessary for the Agency to keep an official record of holders of the decision on the assignment of radio frequencies and to control the use of radio frequencies, specifically: 1. name, address and tax number for natural persons, 2. company name, registered office, tax number and legal representative for legal entities, 3. an indication of the radio frequency to which the application relates and the purpose for which that radio frequency is used, 4. an indication of the geographical area of use of the radio frequency, 5. data on the intended technical solution, in particular information on the location of the facilities, the planned antenna system and radio equipment, and the data necessary to calculate coverage and impact on other radio stations in terms of harmful interference and cost-efficiency of use of radio frequency. (2) Where there is no need for an invitation to tender, the Agency shall issue and forward the decision on the assignment of radio frequencies to the applicant within 42 days of receipt of the application for a decision on the assignment of radio frequencies and shall at the same time register the allocation data for the review of the radio frequencies allocated. (3) Notwithstanding the provisions of the preceding paragraph, the Agency shall refuse to issue the award decision if it finds that: 1. the applicant has not settled all outstanding liabilities to the Agency; 2. the assignment of radio frequency would not comply with the acts referred to in Articles 34 and 35 of this Act, 3. radio frequency assignment would not be consistent with the efficient use of radio spectrum; 4. a signal of the radio equipment would cause harmful interference to other radio equipment, receivers or electrical or electronic systems which could not be avoided. Article 46 (collecting opinions of the interested public) (1) Where the Agency considers that the interest in certain radio frequencies could exceed their availability and therefore it would not be possible to use them effectively, it shall publish on its website a public call for the opinion of the interested public on the conditions of use of these radio frequencies, in particular on the limitation of the number of holders of decisions granting radio frequencies. The Agency shall verify at regular intervals, which may not exceed three years, whether a new call for tenders referred to in the previous sentence should be published. However, it must publish such a call whenever it receives an initiative to tender from an interested party for the use of certain radio frequencies. (2) The Agency shall set in a public call a time limit for the opinion of the public concerned, which may not be less than 30 days. (3) If, on the basis of a response from the interested public and on the basis of other relevant information in its possession, the Agency concludes that certain radio frequencies will not be accessible to all interested parties, it shall conduct a call for tenders before issuing decisions on the allocation of radio frequencies. Otherwise, the Agency shall issue decisions on the allocation of radio frequencies on the basis of the act governing general administrative procedure.  Article 47 (alternative use of harmonised radio spectrum) (1) The Agency may, by decision, assign radio frequencies from the harmonised radio spectrum for which it finds that there is no interest in using them for harmonised services for another purpose compliant with the general act from Article 35 of this Act on the basis of a request made in accordance with the general act referred to in Article 269 of this Act or in a public tender procedure, provided that such use does not prevent or impede the availability or use of those radio frequencies in other EU Member States. In doing so, the Agency shall also take into account the future demand for these radio frequencies and the long-term availability or use of this radio spectrum in the EU and the economies of scale for equipment resulting from the use of harmonised radio spectrum in the EU. (2) The Agency shall verify every two years whether the alternative use continues to comply with the preceding paragraph. (3) The Agency shall carry out the review referred to in the preceding paragraph whenever it receives a reasoned request for the use of the band in accordance with harmonised conditions. (4) The Agency shall inform the European Commission and the competent authorities of the other Member States of the alternative use and the results of the review. Article 48 (application of the provisions in the tendering procedure) (1) The provisions of the act governing the general administrative procedure, with the exception of the provisions on exclusion, shall not apply in the tendering procedure itself. (2) The call for tenders shall be conducted by a dedicated impartial committee (hereinafter: the committee), appointed by the Director of the Agency (hereinafter: the Director) and to which persons other than those employed by the Agency may be appointed. (3) The provisions on the exclusion of an official shall apply to members of the commission even if they are not officials employed by the Agency. Article 49 (decision to launch a call for tenders) (1) The invitation to tender shall be initiated by a decision of the Agency, which shall contain at least: 1. the exact indication of the radio frequencies subject to the invitation to tender, the radio communications services provided using those radio frequencies and the areas or locations where those radio frequencies are to be used, 2. the conditions, requirements and qualifications to be met by the provider and compliance with applicable relevant legislation and spatial acts, 3. the criteria for selecting the most favourable tender, the manner of their application and any other restrictions that will be taken into account in the evaluation of the tenders, 4. the minimum amount of remuneration for the efficient use of a limited natural resource and the method of payment thereof (single amount, in instalments), unless the call for tenders concerns radio frequencies for the provision of analogue broadcasting, 5. the time limit within which tenderers may submit tenders and the manner of their submission (date, time, address, sign), 6. address, location, date and time of the public opening of tenders, 7. the place, time and person with whom interested parties can raise the tender documentation, the price of the tender documentation and the method of payment of these documents or a link to the website where the tender documentation is published, 8. contact person from which providers can obtain additional information, 9. the deadline within which the tenderers will be informed of the outcome of the tender (deadline within which decisions will be issued). (2) When drawing up the tender specifications, requirements, qualifications and the criteria referred to in points 2, 3 and 4 of the preceding paragraph, the Agency shall endeavour to promote competition, innovation and economic development, territorial coverage and the quality of service, where appropriate, and the efficient use of radio spectrum. (3) Where the subject of an invitation to tender is the allocation of radio frequencies for the provision of analogue broadcasting, the decision must also contain the conditions and criteria for selecting the most favourable tender in accordance with the act governing the media. The conditions and criteria referred to in this paragraph shall be determined by the Agency in agreement with the ministry responsible for the media after prior written opinion of the Broadcasting Council. (4) The minimum amount for the efficient use of limited natural resources and the manner in which it is remunerated shall be subject to the prior consent of the Government. (5) The Agency shall publish the decision issued by the Agency pursuant to the first paragraph of this Article in the Official Gazette of the Republic of Slovenia. (6) The Agency may amend the decision referred to in the first paragraph of this Article and, depending on the scope of the changes in its decision, shall also decide on the extension of the deadline for the submission of tenders. Any change must be communicated on an equal and transparent basis to all interested tenderers. The new decision must be published in the Official Gazette of the Republic of Slovenia no later than seven days before the expiry of the deadline set for the submission of tenders by the decision referred to in the first paragraph of this Article. (7) If so provided for in the tender documents, the Agency may revoke the decision referred to in the first paragraph of this Article until the decision or decisions on the allocation of radio frequencies has been issued. The Agency shall publish the decision on annulment in the Official Gazette of the Republic of Slovenia.  Article 50 (deadline for submission of tenders) (1) The time limit for the submission of tenders shall allow tenderers to prepare quality tenders and shall not be less than 30 days, starting on the day following the publication of the decision referred to in the preceding Article. (2) A tender submitted within the time limit laid down in the invitation to tender shall be deemed to have been submitted on time. (3) The Agency may not accept a tender, amendment, supplement or replacement received after the expiry of the period referred to in the preceding paragraph. If it is sent by post, it must be sent back to the sender sealed. (4) The Agency shall keep the list of tenderers and tenders submitted as professional secrecy until the deadline for public opening of tenders has expired. Article 51 (tendering documents) The Agency must explain in the tender documents all the points of the decision to open the invitation to tender and indicate which supporting documents of eligibility must be attached in order for the tender to be considered correct. Article 52 (specific provisions on the opening of tenders) (1) The opening of tenders shall be open. (2) The bid evaluation committee shall keep a record of the opening procedure, which shall contain, in particular, the serial number of the tender and, in the case of an anonymous invitation to tender, details of the name or code of the tenderer and the tender price. Care must be taken throughout the procedure to ensure that the provider’s trade secrets are not disclosed. (3) When tenders are opened, tenders are checked for completeness in accordance with whether all the documents required by the tender documents (formal completeness) have been submitted, without checking the authenticity and content of the documents. (4) Only bids received within the deadline and correctly marked are opened. Incorrectly marked bids must be sent back to the sender by the bid evaluation committee. (5) The invitation to tender shall be successful if at least one timely and correct tender that meets the tender specifications has been received. (6) In the decision on the introduction of an invitation to tender, the Agency may determine that an individual invitation to tender shall be successful if another fixed minimum number of tenders corresponding to the tender specifications is received.  Article 53 (tender supplements) (1) Within five days of the opening of tenders, the Commission shall invite tenderers of incomplete tenders to supplement them in writing. The time limit for updating may not be less than eight days and shall not exceed 15 days. The content of the tender in the parts subject to the evaluation is not subject to amendment. (2) Incomplete tenders which are not completed by the tenderers within the period referred to in the preceding paragraph shall be rejected. Article 54 (examination and evaluation of tenders) (1) At the end of the public opening of tenders, the committee first determines whether all the documents in the tender comply with the requirements of the act and the tender documentation. If the committee finds that a tender does not meet the requirements of the law and the tender documents, it shall exclude such a tender from the further evaluation procedure. The remaining tenders shall be evaluated by the committee in accordance with the tender criteria. (2) After examining and evaluating the tenders received, the committee shall draw up a report setting out the evaluations of each tender and indicating which tender best meets the published criteria for selecting tenders. (3) Where the subject of an invitation to tender is the allocation of radio frequencies for the provision of analogue broadcasting, the committee shall send the complete tenders and a report on their evaluation in accordance with the tender criteria to the Broadcasting Council. The Broadcasting Council shall examine the tenders received and the evaluation report and, no later than 60 days after receipt of the tenders and the report of the Agency, submit to the Agency a reasoned proposal for selection. (4) The committee or the Broadcasting Council may request clarifications from tenderers in relation to their bids, but may not request, permit or offer any modification or addition to the content of the tender. (5) When examining and evaluating tenders, the committee or the Broadcasting Council must take into account only those criteria for the selection of the most favourable tenderer laid down in the act and in the tender documents, in particular the efficiency of the use of radio spectrum and the promotion and protection of competition.  2.2 Public auction Article 55 (public tender for the preparation of a public auction) (1) Where the only criterion for the selection of the most favourable tender is the price offered, the Agency may provide for an auction to take place after the invitation to tender has been concluded in the decision on launching a public tender. (2) In the case referred to in the preceding paragraph, the decision to initiate the invitation to tender must also include: 1. radio frequencies subject to public auction and any restrictions on the number of rights of use for radio frequencies, 2. the conditions and requirements to be met by each bidder in order to qualify for public auction, including payment of an amount equal to the administrative costs of the agency for conducting the public auction paid by the bidder before the opening of the public auction and shall in no case be reimbursed to the bidder, 3. minimum amount of remuneration for the efficient use of limited natural resources (starting price) and the method of payment thereof, 4. more detailed rules for conducting a public auction in accordance with the act. (3) The tender procedure followed by the auction has been successful if at least two tenderers are admitted to the public auction and there is an excess demand for the subject matter of the tender. (4) In its decision on the selection of bidders, the Agency shall determine the time, place and manner in which the public auction shall be conducted. The public auction shall take place no earlier than 20 days and not later than 30 days after the decision on the selection of the bidders has been issued. The Agency shall publish the time and place of the public auction on its website and in the Official Gazette of the Republic of Slovenia. Article 56 (method of holding a public auction) (1) The public auction shall be conducted by the chairman of the committee referred to in the second paragraph of Article 48 of this Act or by his alternate. (2) The public auction shall be conducted by direct oral auctioning, written tenders or electronic applications intended for electronic auctions. (3) The public auction may also be conducted by any other appropriate means allowing the official of the agency conducting the public auction and each bidder to monitor the course of the public auction on an ongoing and direct basis and to allow the bidder to make offers without obstacles and directly to the official person. (4) The minimum withdrawal of the payment from point 3 of the second paragraph of the previous Article at the auction shall not be less than one percent of the starting price. (5) Before the highest tender(s) are identified, tenderers shall be given the opportunity to make a higher bid at least once, indicating the latest amount of the highest tender(s), or this(these) tender(s) will be identified and declared the highest by decision. (6) The bidder or bidders with the highest bid or the highest combination of bids that have succeeded in the public auction in accordance with the rules for conducting the public auction referred to in point 4 of the preceding Article shall be issued a written decision setting out the amount of the payment for the efficient use of the limited natural resource to be paid under these rules for the conduct of the public auction and the time limit within which they are to pay it. (7) In conducting and maintaining the order at the public auction, the chairman of the committee or their alternate conducting the auction shall have the authority of an official during the administrative procedure relating to the conduct of the public hearing. (8) If, in the course of the auction, the chair of the committee or their alternate finds that two or more tenderers have agreed or auction in a coordinated manner during the public auction, those tenderers shall be excluded from the public auction and a written decision shall be issued thereon. That decision is not subject to independent judicial protection. (9) If a public auction has taken place, the bidder or bidders shall be deemed to have been selected in the public auction and have paid, within the prescribed period, payment for the efficient use of the limited natural resource referred to in the second paragraph of Article 59 of this Act. Article 57 (electronic auctions) (1) Where an auction is carried out using electronic applications intended for electronic auctions, the provisions of paragraphs 3 and 5 of the preceding Article shall not apply. (2) Supervision of the conduct of electronic auctions shall be carried out by the Court of Audit of the Republic of Slovenia. Article 58 (radio frequencies not allocated) If not all the available radio frequencies have been awarded on the basis of a public auction, the Agency may repeat the procedure referred to in Article 46 of this Act or, in the cases referred to in the third paragraph of Article 41 of this Act, directly for the remaining radio frequencies.  2.3 Procedure after a public tender Article 59 (application of the provisions of the act governing general administrative procedure) (1) After the receipt of the committee’s report on the evaluation of the tenders, the Agency shall continue to take decisions in accordance with the act governing general administrative procedure, whereby all tenderers who have submitted correctly marked tenders within the time limit laid down in the invitation to tender shall have the status of the parties. (2) If the decision to initiate the invitation to tender provides for an auction to be held after a public invitation to tender has been concluded, the administrative procedure shall be initiated only after the bidder or bidders who have succeeded in the public auction have paid a payment for the efficient use of the limited natural resource or the method of payment of the instalments of that auction which, pursuant to the decision referred to in Article 56(6) of this Act, must be paid before the decision on the allocation of radio frequencies is made. Article 60 (limitation of proof) (1) In an administrative procedure initiated following a call for competition, it shall not be permissible to propose or to take evidence which should form an integral part of a complete and appropriate tender, or which would alter the tender in any way. (2) If the decision to initiate the invitation to tender provides for an auction to be held after the invitation to tender has been concluded, it is not mandatory to hold an oral hearing during the administrative procedure. Article 61 (selection of tenderers) (1) The Agency shall decide on tenders by issuing one or more decisions on the allocation of radio frequencies. Decisions must be issued and notified by the Agency no later than eight months after the expiry of the time limit for the submission of tenders and at the same time the public must be informed of its decision. (2) In the event of the annulment of the decision to initiate a public tender on the basis of the seventh paragraph of Article 49 of this Act, the administrative procedure for the allocation of radio frequencies shall be terminated by a decision.  Article 62 (suspension of proceedings) The Agency may suspend the procedure for issuing or amending a decision on the assignment of radio frequencies if further harmonisation, inquiries or activities are necessary under international legal acts governing the field of radio spectrum and which are in force in the Republic of Slovenia. Article 63 (content of the radio frequency allocation decision) (1) In addition to the elements provided for by the act governing general administrative procedure, the decision on the allocation of radio frequencies shall include, in particular: 1. details on the holder of the right to use radio frequencies, 2. assigned radio frequencies, 3. coverage area, 4. the period of validity of the decision on the assignment of radio frequencies, 5. conditions to be met when using radio frequencies. (2) The conditions referred to in point 5 of the preceding paragraph must also include the conditions relating to points 5 and 7 of Article 64 of this Act in the decision on the allocation of radio frequencies issued on the basis of a public invitation to tender. (3) Where the subject of a decision is the assignment of radio frequencies on the basis of the selection procedure referred to in the first paragraph of Article 42 of this Act, the decision on the allocation of radio frequencies shall also contain additional elements necessary for the implementation of EU rules, including the conditions arising from such a selection decision and the EU regulation on the basis of which it was issued. (4) Where the allocation of radio frequencies for the provision of analogue broadcasting is the subject of the decision, the decision shall also include an indication of the name of the programme. (5) The change in the data referred to in point 1 of the first paragraph of this Article and the change in the name of the programme referred to in the preceding paragraph shall be communicated to the Agency by the holder of the right to use radio frequencies within 30 days of their creation. (6) The Agency shall, by means of a general act, determine the method of determining the coverage areas referred to in point 3 of the first paragraph of this Article in cases in which the decision is to allocate radio frequencies for the provision of analogue broadcasting. (7) The Agency shall publish on its website the operative part of decisions on the allocation of radio frequencies issued following an invitation to tender, except in the case of decisions on the allocation of radio frequencies for the provision of analogue broadcasting. Article 64 (conditions for the use of radio frequencies) (1) The conditions referred to in point 5 of the first paragraph of the preceding Article may relate only to: 1. the obligation to provide a service or use a type of technology within the limits set out in Articles 36 and 37 of this Act, including coverage and quality requirements, as appropriate; 2. ensuring efficient use of radio frequencies, 3. the technical and operational conditions necessary to prevent harmful interference and limit the exposure of the general public to electromagnetic fields if such conditions differ from those included in the general authorisation, 4. the expiry date of the right to use radio frequencies, 5. the transfer of the ownership right to use radio frequencies or the rental of rights to use radio frequencies and the terms of that transfer or rental, 6. payment under Article 72 of this Act, 7. additional obligations assumed by the successful tenderer when participating in the call for tenders (e.g. regarding the speed of construction of the electronic communications network, software, etc.), 8. conditions for pooling or sharing radio spectrum or granting access to radio spectrum to other users in narrower geographical areas or on a country-wide basis; 9. obligations relating to international legal acts implemented in the Republic of Slovenia relating to the use of radio frequencies, 10. the specific conditions laid down for the use of radio frequencies intended for the purposes of measurement, attestation and other tests of radio equipment, 11. the conditions arising from the selection decision referred to in Article 42 of this Act and from the EU regulation on the basis of which it was issued. (2) In order to ensure the efficient and effective use of radio spectrum or to improve coverage, the Agency may promote the following sharing options and set conditions for: 1. sharing of passive or active radio spectrum-based infrastructure or the sharing of radio spectrum, 2. business agreements on roaming access, 3. joint installation of infrastructure for the provision of networks and services based on the use of radio spectrum. (3) The Agency may issue a general act for the implementation of the preceding paragraph. (4) When implementing the conditions set out in the preceding paragraphs, holders of decisions on the allocation of radio frequencies shall comply with the rules governing the prevention of restrictions of competition. (5) The Agency shall specify by means of a general act the method of using the RDS system, the method of identification in DAB networks and the technical and operational conditions of modulation signals for analogue audio broadcasting stations. Article 65 (time of validity of the decision on the assignment of radio frequencies) (1) The decision on the assignment of radio frequencies shall be issued by the Agency for a limited period of time, taking into account a reasonable period of time necessary to ensure competition, the efficient and effective use of radio spectrum and to promote innovation and efficient investment, including a reasonable period of time for their depreciation, but for a maximum period of 15 years. (2) Notwithstanding the provision of the preceding paragraph, the Agency shall issue a decision on the allocation of radio frequencies intended for an aircraft or maritime mobile service for an indefinite period. (3) Notwithstanding the provision of the first paragraph of this Article, the Agency shall issue a decision on the assignment of radio frequencies for the provision of wireless broadband electronic communications services for a period of 20 years. The Agency may adjust the duration of the rights of use referred to in this Article in order to ensure the simultaneous expiry of the period of validity of the rights in one or more radio frequency bands. (4) The decision on the allocation of radio frequencies intended for the purposes of measurement, attestation and other tests of radio equipment shall be issued by the Agency for a limited coverage area and a maximum period of 18 months, taking into account the envisaged entry into force of the decisions on the allocation of radio frequencies issued at the invitation to tender. (5) Notwithstanding the provision of the preceding paragraph, the Agency shall issue a decision on the allocation of radio frequencies for analogue broadcasting for the purpose referred to in the preceding paragraph for a maximum period of 90 days. (6) The decision on the allocation of radio frequencies intended for events shall be issued by the Agency as a general rule for a maximum period of 15 days or for another estimated duration of the event.  Article 66 (renewal of the decision on the assignment of radio frequencies) (1) The validity of the decision on the allocation of radio frequencies, with the exception of the decisions referred to in the third paragraph of the preceding Article, may be extended at the request of its holder provided that all the conditions laid down for the use of these radio frequencies are fulfilled at the expiry of its period of validity and observe the objectives set out in Articles 258 to 261 of this Act. (2) In the event of an extension of the decision on the allocation of radio frequencies referred to in the preceding paragraph, for all radio frequencies initially awarded on the basis of an invitation to tender, with the exception of radio frequencies for analogue broadcasting, a certain amount shall also be paid for the efficient use of the limited natural resources in order to ensure optimal use of the radio frequencies allocated. This is the revenue of the budget. The amount of this and the manner in which it is paid shall be determined by the Agency, subject to the prior agreement of the Government. In determining the amount and the method of payment, account should be taken of the period for which the decision on the allocation of radio frequencies is extended and the supply and demand for the frequencies offered, the development of the market to which the frequencies tendered relate and the level of such payments in other EU countries, and in any event should not be so high as to hinder the development of innovative services and competition in the market. (3) An application for the renewal of a decision on the assignment of radio frequencies, except for radio frequencies for broadcasting, must be submitted to the Agency at least 30 days and no more than 120 days before the expiry of the decision on the assignment of radio frequencies. Some 120 days before the expiry of the period of validity of the decision on the assignment of radio frequencies, the Agency shall send a notification on the expiry of the decision on the assignment of radio frequencies to the e-mail address communicated by the holder of the decision. This notice is informative and does not create any legal consequences. (4) An application for renewal of a decision on the allocation of radio frequencies for broadcasting may be submitted to the Agency no more than five months before the expiry of such a decision. If the Agency fails to receive an application from the holder for the renewal of the decision on the assignment of radio frequencies for broadcasting 120 days before the expiry of such a decision, it shall inform the holder by letter of the expiry of that decision and of the legal consequences if the application for renewal of this decision is not submitted within 60 days of serving this letter to the holder. The holder of the decision on the allocation of radio frequencies for broadcasting shall submit to the Agency an application for renewal of this decision no later than 60 days from the date on which the letter from the Agency was sent to them. (5) In the event of renewal, the Agency shall issue a new decision on the assignment of radio frequencies. (6) The decision on the allocation of radio frequencies intended for the purposes of measurement, attestation and other tests of radio equipment and the decision on the allocation of radio frequencies intended for events may not be extended.  Article 67 (renewal of the decision on the assignment of radio frequencies for wireless broadband electronic communications services) (1) The validity of the decision on the allocation of radio frequencies referred to in the third paragraph of Article 65 of this Act may be extended, unless the possibility of extension has been excluded at the time of the assignment of radio frequencies. The validity of the decision may be extended ex officio or at the request of the holder. The holder of the decision on the assignment of radio frequencies may submit an application for renewal to the Agency five years before its expiry at the earliest. (2) If the Agency introduces a procedure for the renewal of the decision on the assignment of radio frequencies referred to in the preceding paragraph, it shall conduct a public hearing in accordance with Article 269 of this Act, by which it will determine the demand for radio frequencies that are subject to renewal. The subject of the public hearing is also a possible change to the conditions laid down in Article 64 of this Act. The Agency should also clearly state the reasons for the extension of the decision on the allocation of radio frequencies and the proposal for a minimum amount of remuneration for the efficient use of the limited natural resource and the manner in which it is paid. (3) When deciding on the renewal of the decision on the assignment of radio frequencies, the Agency shall take into account, inter alia: 1. the fulfilment of the objectives set out in Articles 32, 41 and 258 to 262 of this Act and public policy objectives in accordance with the EU law, 2. the implementation of a technical implementing measure adopted on the basis of Decision No 676/2002/EC, 3. the control of the deficiencies identified as regards compliance with the conditions laid down in the decision on the assignment of radio frequencies, 4. the need to promote competition or to avoid distortion of competition in accordance with Article 73 of this Act, 5. the need to make the use of radio spectrum more efficient due to technological or market developments, 6. the need to avoid serious disruptions in the provision of services. (4) In deciding whether to extend the validity of the decision on the assignment of radio frequencies, the Agency shall take into account any evidence resulting from the public hearing referred to in the second paragraph of this Article that there is demand in the market from entities who are not holders of decisions on the assignment of radio frequencies for the radio spectrum in the band which is the subject of the decision to be extended. (5) In the event of an extension, the Agency shall issue a new decision on the assignment of radio frequencies for a minimum of five years and a maximum of 20 years. The new decision shall adapt, where necessary, the conditions of use of radio frequencies. The Agency shall carry out a public consultation on substantial adjustments to the conditions in accordance with Article 269 of this Act. (6) In the event of an extension, in accordance with Article 72(9) of this Act, a certain amount shall also be paid for the efficient use of the limited natural resource to ensure optimal use of the radio frequencies allocated. Article 68 (transfer of the right to use radio frequencies or lease of rights) (1) The holder of a decision on the allocation of radio frequencies may transfer their right to use these radio frequencies by means of a legal transaction to another natural or legal entity or lease it to another natural or legal entity that fulfils the prescribed conditions, but only with the prior consent of the Agency. In doing so, the Agency shall verify that that other natural or legal entity fulfils the conditions laid down by law, regulation or act of the Agency and that the trade envisaged does not lead to distortions of competition, in particular where spectrum is unused. The Agency may refuse to transfer or lease a right if there is a clear risk that the new holder will not be able to comply with the original conditions for the right of use. In the event of leasing, the lessor assumes responsibility for the fulfilment of the original conditions. (2) Notwithstanding the provision of the preceding paragraph, the holder of a decision on the allocation of radio frequencies who has acquired the right to use these radio frequencies in a public tender procedure without paying the amount referred to in Article 72(9) of this Act, except in the case of radio frequencies for analogue broadcasting, may not transfer their right to use these radio frequencies by means of a legal transaction to another natural or legal entity or lease it to another natural or legal entity. (3) Notwithstanding the provision of the first paragraph of this Article, the holder of a decision on the allocation of radio frequencies, against which the Agency is conducting proceedings for the annulment of the decision on the allocation of radio frequencies pursuant to point 3 of the third paragraph of Article 70 of this Act, may not transfer their right to use the radio frequencies in respect of which the procedure is conducted to another natural or legal entity or lease it to another natural or legal entity. (4) In the event of transfer of the right to use radio frequencies to another natural or legal entity in accordance with the first paragraph of this Article, the Agency shall issue a new decision on the allocation of radio frequencies to that natural or legal entity in accordance with the provisions of the law governing the general administrative procedure. (5) The purpose of the use of radio frequencies, which is harmonised on the basis of EU rules, must not be altered by the transfer of the right to use radio frequencies. (6) The conditions laid down in Article 64 of this Act contained in the decision on the allocation of radio frequencies issued on the basis of a public invitation to tender may be amended only with the prior consent of the Agency. (7) The Agency shall publish relevant information on the rights of use for radio frequencies that can be transferred or leased on its website.  Article 69 (amendment of the decision on the assignment of radio frequencies) (1) The Agency may amend the decision on the assignment of radio frequencies ex officio or at the request of its holder. (2) The decision on the assignment of radio frequencies shall be amended ex officio if: 1. the allocation of radio frequency bands or the use of radio frequencies changes, 2. public needs arise which cannot be met otherwise, 3. this is necessary for the efficient use of radio spectrum for the public benefit, 4. harmful interference cannot be otherwise avoided, or the radio frequency protection ratio is not achieved, 5. this is required by international legal acts established in the Republic of Slovenia concerning radio frequencies, 6. the name of the holder of the decision on the assignment of radio frequencies or the name of the programme is amended, 7. this is necessary in order to bring together holders of decisions on the assignment of radio frequencies to a wider regional or national programmed radio or television network registered with the competent authority in accordance with the law governing the media, 8. this is necessary for the implementation of EU rules on electronic communications. (3) A decision on the allocation of radio frequencies may be amended at the request of its holder only within the coverage area referred to in this decision in such a way as not to prejudice the rights of others and under the terms of this Act. In the event of an amendment to a decision on the allocation of radio frequencies for the provision of broadcasting, the amendment may also be made outside the area of coverage, provided that such an amendment to the decision on the allocation of radio frequencies ensures greater efficiency in the use of radio frequencies and such an amendment is without prejudice to the benefits of other holders of decisions on the allocation of radio frequencies, provided that the conditions laid down in this Law are met. (4) The decision on the assignment of radio frequencies may not be amended at the request of the holder if the holder of the right to use radio frequencies is the subject of a procedure for the annulment of the decision on the assignment of radio frequencies pursuant to point 3 of the third paragraph of Article 70 of this Act. (5) When amending the decision on the assignment of radio frequencies, the Agency shall issue a new decision on the assignment of radio frequencies and shall repeal the previous decision. In a new decision, the Agency may also specify the scope and the deadline for the adaptation. In the cases referred to in the second paragraph of this Article, the Agency may also annul the decision on the assignment of radio frequencies in its entirety by means of a new decision and determine the new content. (6) By means of the decision referred to in the preceding paragraph, the Agency may exceptionally extend the validity of the decision on the assignment of radio frequencies, with the exception of the decision on the allocation of radio frequencies for the provision of terrestrial wireless broadband electronic communications services if, as a result of the adaptation referred to in the preceding paragraph, the costs of the adaptation have disproportionately affected the benefits that the holder of the decision on the allocation of radio frequencies has had. (7) The holder of the amended decision on the assignment of radio frequencies shall have the right to allocate other comparable radio frequencies which technologically enable the provision of equivalent services, provided that the reasons for the change were not due to the holder’s fault. Radio frequencies with an equivalent coverage area shall be allocated by a decision following an administrative procedure without an invitation to tender. (8) The holder of the amended decision on the allocation of radio frequencies for the provision of broadcasting referred to in the preceding paragraph shall be entitled to the allocation of additional radio frequencies in the area of coverage referred to in the decision, which shall be amended if it is not possible to provide services of the expected quality on equivalent radio frequencies due to interference with reception. Additional radio frequencies shall be granted by a decision following an administrative procedure without an invitation to tender. (9) The holder of the decision referred to in the preceding paragraph shall not be liable for an annual payment to the Agency for the use of assigned radio frequencies for additional radio frequencies. Article 70 (repeal of the decision on the assignment of radio frequencies) (1) The Agency may revoke the decision on the assignment of radio frequencies at the request of the holder of the decision on the assignment of radio frequencies or of its own initiative. (2) The Agency shall ex officio initiate the annulment of the decision on the allocation of radio frequencies intended for analogue broadcasting, if the Broadcasting Council so proposes. (3) The Agency shall revoke the decision on the assignment of radio frequencies ex officio if it finds that: 1. the application for a decision on the assignment of radio frequencies contained false information; 2. the holder no longer complies with the conditions laid down under the applicable legislation or on the basis of the decision on the assignment of radio frequencies, 3. the holder has not started using the radio frequency within the time limit specified in the decision on the award of radio frequencies or in the operator’s tender in the invitation to tender, or within one year, if the time limit for use in the decision on the allocation of radio frequencies or in the operator’s tender is not specified in the invitation to tender or if the radio frequency allocated for the performance of broadcasting within a period of at least six months during at least six random checks has not been used, unless otherwise specified in the decision or if the holder proves to the contrary by written evidence, 4. the holder has transferred the right to use radio frequencies to another natural or legal entity by means of a legal transaction in accordance with the first paragraph of Article 68 of this Act; 5. the harmful interference caused by the signal of radio equipment to other radio equipment, receivers or electrical or electronic systems cannot otherwise be avoided, 6. payment for the use of radio frequencies or the amount for the efficient use of limited natural resources has not been paid within 30 days of the Agency’s written warning, 7. there are other serious or recurrent irregularities in the fulfilment of the conditions for the use of radio frequencies referred to in Article 64 of this Act, which are specified in the decision on the assignment of radio frequencies, provided that these irregularities have not been rectified by more lenient measures in the control procedure. Article 71 (termination of decision on the assignment of radio frequencies) (1) The decision on the assignment of radio frequencies shall cease to be valid on the basis of the Act: 1. upon expiry of the time limit for which it was issued, 2. if its holder has ceased to exist, 3. with the write-off or sale of a vessel or aircraft in the case of radio frequencies intended for aircraft or maritime mobile service, 4. by revoking a licence to perform radio or television activities issued in accordance with the procedure and under the conditions laid down by the act governing the media. (2) In the cases referred to in points 2 to 4 of the preceding paragraph, the Agency shall issue a declaratory decision. In the case referred to in point 3 of the preceding paragraph, the Agency shall issue a declaratory decision when it receives a notification of the write-off or sale of the vessel or aircraft. Article 72 (payments for the use of radio frequencies) (1) Holders of a decision on the allocation of radio frequencies shall be subject to an annual payment to the Agency for the use of the radio frequencies allocated. The payments shall cover the costs incurred by the Agency for the management and supervision of radio spectrum. (2) The Agency shall, by means of a general act, lay down the method for calculating payments to the Agency pursuant to this Article. This depends on the coverage or density of the population in the area of coverage or radio frequency or the width of the radio spectrum band or type of radio communications or a combination thereof, but it must not restrict competition or impede market entry. (3) Holders of radio licences referred to in Article 40 of this Act shall not be liable for the annual payment referred to in the first paragraph of this Article. By means of the general act referred to in the preceding paragraph, the Agency shall determine the amount of the one-off payment to be paid by holders of a radio licence when issued the licence and shall cover the costs incurred by the Agency for the management and supervision of the part of the radio spectrum provided for the amateur and radio-amateur satellite services. (4) The amount of payments pursuant to the first and second paragraphs of this Article shall be determined by the Agency with a tariff, taking into account the necessary cost recovery referred to in the first paragraph of this Article and the mutatis mutandis application of the fourth, fifth and sixth paragraphs of Article 6 of this Act. In determining the amount of the payment, the Agency shall take into account the general act referred to in the second paragraph of this Article in force on the date of the Government’s consent to the tariff for the following calendar year. (5) Article 7 of this Act shall apply for the assessment and payment of payments for the use of radio frequencies. (6) Notwithstanding the provision of the second paragraph of Article 7 of this Act, the use of radio frequencies for the purposes referred to in the fourth to sixth paragraphs of Article 65 of this Act shall be subject to a one-off payment corresponding to as many twelfths of the annual payment as the decision on the assignment of radio frequencies is valid, but not less than one twelfth of the annual payment. (7) Notwithstanding the provision of the fourth paragraph of Article 7 of this Act, a taxable entity whose right to use radio frequencies has ceased due to the expiry of the period for which it was granted or for reasons other than that for which it was granted shall pay only as many twelfths of the annual payment as a whole months, but not less than one twelfth of the annual payment. (8) Notwithstanding the provision of the first paragraph of this Article, national authorities which are holders of a decision on the allocation of radio frequencies for the purposes referred to in the fourth paragraph of Article 65 of this Act or state bodies which are holders of a decision on the allocation of radio frequencies which are provided for in the general act referred to in Article 35 of this Act for the purposes of the security and defence of the State and protection against natural and other disasters shall not be liable for the annual payment referred to in the first paragraph of this Article. (9) All radio frequencies to be awarded following a call for tenders, with the exception of radio frequencies for analogue broadcasting, shall also be subject to payment of a certain amount for the efficient use of a limited natural resource to ensure optimal use of the radio frequencies allocated. This is the revenue of the state budget. The minimum amount of this and the manner in which it is to be paid shall be laid down in the decision initiating the tendering procedure, which may also provide for the possibility of payment by instalment depending on the intended start of use of the radio frequencies allocated. In determining the amount or the minimum amount of this and the method of payment, account must be taken of the economic and technical situation of the market to which the frequencies tender relates, the level of such payments in other EU countries, the competitive situation in the market, including the possibility of alternative use of the radio frequencies offered, and the potential costs incurred by the successful tenderer in complying with the conditions set out in the invitation to tender. (10) The amount for the efficient use of the limited natural resources referred to in the preceding paragraph shall also be paid for radio frequencies for the provision of terrestrial wireless broadband electronic communications services and other public communications services to end-users for local coverage, which are granted by the Agency to an application under the conditions referred to in Article 46(3) of this Act. The minimum amount for the efficient use of limited natural resources and the manner in which it is remunerated shall be subject to the prior consent of the Government. 3. Competition Article 73 (accumulation of radio frequencies with a view to restricting competition on the market) Operators may not accumulate radio frequencies in order to restrict competition in the radio communications market. Such behaviour by the operator is apparent, in particular, from the fact that the operator does not use the radio frequency within the scope and time limits laid down in the decision itself or in the operator’s tender in the call for tenders, and there are no objective reasons beyond the operator’s control or which could not have been foreseen at the time of the decision, or it follows from its conduct that the operator has acquired a radio frequency in order to restrict competition on the market. Article 74 (competition) (1) In the proceedings referred to in Articles 41, 66, 67, 69 and 70 of this Act, the Agency shall promote effective competition and prevent distortions of competition in the internal market. In doing so, the Agency shall cooperate with the competition protection authority. (2) In order to implement the preceding paragraph, the Agency may, inter alia: 1. limit the number of radio frequencies per individual holder of a decision granting radio frequencies, or, where applicable, determine the conditions of use in the decision on the assignment of radio frequencies, such as the provision of wholesale access, national or regional roaming in certain radio frequency bands or groups of bands with similar characteristics, 2. reserve a specific part of the radio frequency band or group of bands for new entrants, 3. refuse to grant new rights of use for radio spectrum or to allow new uses of radio spectrum in certain bands or to attach conditions to the granting of new rights of use for radio spectrum in order to avoid distortion of competition through any assignment, transfer or accumulation of rights of use; 4. prohibit the transfer of the right to use radio frequencies which are not subject to merger control in the Republic of Slovenia or at EU level, or impose conditions for mergers where such transfers are likely to cause significant harm to competition, 5. amend or revoke the decision on the assignment of radio frequencies in order to eliminate distortions of competition resulting from the transfer or accumulation of rights of use for radio frequencies referred to in the preceding Article. (3) The Agency shall take the decisions referred to in the preceding paragraph on the basis of an objective and forward-looking assessment of competitive market conditions, the necessity of such measures to maintain or achieve effective competition and the likely effects of such measures on existing and future investments by market participants, in particular for network deployment. In doing so, it shall take into account the approach to market analysis referred to in the fourth paragraph of Article 146 of this Act. (4) When implementing the measures referred to in the second paragraph of this Article, the Agency shall take into account the objectives set out in Articles 258 to 261 of this Act and any opinion of the Peer Review Forum in accordance with Article 278 of this Act. 4. Procedure Article 75 (small-area wireless access points) (1) Notwithstanding the provisions of other regulations for the deployment of small-area wireless access points laid down in Commission Implementing Regulation (EU) 2020/1070 of 20 July 2020 determining the characteristics of small-area wireless access points pursuant to Article 57(2) of Directive (EU) 2018/1972, prior authorisation shall not be required. (2) Operators shall have, under transparent, fair and non-discriminatory conditions, the right to access physical infrastructure owned or operated by public sector entities which is technically suitable for the installation of small-area wireless access points or is necessary to connect such access points to the backbone network, including transport equipment such as street lamps, traffic signalling and bus stops. The conditions for access shall be published on the website of the business entity support information system. If no agreement is reached on the terms of access within two months of receipt of the request for access or if the owner or operator of the physical infrastructure refuses access, the dispute shall be decided on by the Agency at the request of one of the parties in accordance with the procedure referred to in Article 286 of this Act. (3) The provision of the preceding paragraph shall not apply in the case of physical infrastructure for the purposes of security, police, defence and protection, rescue and assistance.  Article 76 (access to radio local area networks) (1) Access to public electronic communications networks via radio local area networks using harmonised radio spectrum does not require a decision on the assignment of radio frequencies. (2) A natural or legal entity that does not provide access referred to in the preceding paragraph as part of an economic activity or provides it as an ancillary activity for an economic or public service shall not be subject to the obligations relating to the rights of end-users under Chapter XI of this Act or the obligation to interconnect networks in accordance with the fourth paragraph of Article 130 of this Act. (3) For the transmission of data in public electronic communications networks via RLANs, the liability provisions of the act governing electronic commerce in the market shall apply for the exclusive transmission of a service provider. (4) Operators may provide access to their networks through radio local area networks, including those located at the premises of end-users, subject to the prior consent of the end- user. (5) Operators shall not unilaterally restrict or prevent end-users from accessing radio local area networks provided by third parties of their choice or allow other end-users reciprocal or more general access to the networks of such providers through radio local area networks, including on the basis of third-party initiatives which combine radio local area networks of different end- users and ensure that they are publicly available. (6) At the initiative of third parties grouping networks of different end-users and making them publicly available, end-users may grant reciprocal or other access to their networks to other end-users. (7) Public sector bodies may provide public access to radio local area networks at their premises or in public areas close to their premises, provided that such provision is ancillary for the public services they provide at their premises. (8) The provision of the preceding paragraph shall also apply in the event of initiatives by non- governmental organisations or public sector bodies to combine and ensure reciprocal or more general accessibility of radio local networks of different end-users, including, where appropriate, RLANs to which public access is provided in accordance with the preceding paragraph. Article 77 (control and construction of the control and measurement system) (1) The Agency shall supervise the implementation of the provisions of this Chapter and compliance with decisions it issues pursuant to it. (2) For the purposes of radio spectrum management and control, the Agency shall establish and build a control and measurement system of the Republic of Slovenia. (3) The construction referred to in the preceding paragraph shall be in the public interest. VI. DIGITAL BROADCASTING Article 78 (network planning) (1) The installation of the network is planned by the multiplex operator in accordance with the conditions laid down in the decision on the assignment of radio frequencies to the multiplex. (2) The design of digital broadcasting networks should be frequency-designed in such a way as to allow the most efficient use of radio spectrum in accordance with known technological possibilities. In particular, frequency planning of networks should be based, where possible, on the use of radio spectrum with single-frequency networks. Article 79 (obligation of multiplex operator) The multiplex operator shall plan and build digital broadcasting networks in accordance with the requirements of the public tender for the allocation of radio frequencies for digital broadcasting and other provisions of this Act. Article 80 (importance of standards and adopted professional bases) (1) The Agency and the multiplex operator must take into account internationally accepted digital broadcasting standards when designing digital broadcasting networks. (2) When planning digital broadcasting networks, the Agency and the multiplex operator may not, without a valid reason, deviate from the professional bases adopted by the competent authorities of the Republic of Slovenia and the EU. Article 81 (multiplex operator as operator) The multiplex is operated by a multiplex operator who has previously obtained a decision on the assignment of radio frequencies for the multiplex.  Article 82 (multiplex operator as content provider) (1) The multiplex operator may also be a content provider, but in this case the multiplex operator must provide the activity of a multiplex operator in a separate legal entity or keep separate accounts for the activities related to the management of the multiplex. (2) Notwithstanding the provision of the media law, the provisions on the incompatibility of the provision of electronic communications networks or the provision of electronic communications services and radio or television activities shall not apply to the multiplex operator that is also a content provider. Article 83 (obligation of equal treatment) (1) The multiplex operator must offer equal and non-discriminatory conditions for access to the multiplex it manages to all content providers with the right to broadcast programme content in the digital broadcasting technology in the same geographical area. (2) The provision of the preceding paragraph shall also apply if the multiplex operator is a content provider. Article 84 (allocation of radio frequencies for multiplex) Radio frequencies for multiplex shall be allocated by the Agency by means of a decision on the allocation of radio frequencies following a tendering procedure in accordance with the provisions of the preceding Chapter. Article 85 (special arrangements for public service broadcasting) (1) Notwithstanding the provision of the preceding Article, the awarding of radio frequencies for a maximum of one multiplex with a geographical coverage of the entire territory of the Republic of Slovenia, which is intended for public service broadcasting, shall not be required in accordance with the law governing public service broadcasting, for the purposes of the provision of public service and the transmission of other programmes of particular importance to the Republic of Slovenia in accordance with the law governing the media. (2) The public service broadcaster may freely dispose of the free capacity of the multiplex referred to in the preceding paragraph for the purpose referred to in the preceding paragraph but shall in any case comply with the prohibition of unequal treatment in accordance with this Act. (3) The provisions of the preceding paragraph shall not apply if the multiplex referred to in this Article is the only functioning multiplex with a geographical coverage of the entire territory of the Republic of Slovenia. In this case, the public service broadcaster must ensure, within the limits of the free capacity, the transmission of programmes with the right to broadcast in digital broadcasting technology in the entire territory of the Republic of Slovenia. Article 86 (decision to launch an invitation to tender) (1) In addition to the elements referred to in the first paragraph of Article 49 of this Act, the decision to launch a public tender for the allocation of radio frequencies for multiplex must contain all the essential characteristics of the multiplex for which the radio frequency is tendered, such as frequency, coverage area, multiplex capacity, any restrictions regarding the use of multiplex and other components in accordance with this Act. (2) In the invitation to tender for the award of radio frequencies for multiplex, the Agency may reserve part of the tendered capacity of the multiplex for the broadcasting of television or radio programmes of particular importance, determined in accordance with the act governing the media. Article 87 (tender for allocation of radio frequencies for multiplex) In addition to the information referred to in the first paragraph of Article 45 of this Act, which must be included in the application for a decision on the allocation of radio frequencies, or the content arising from the tender documentation, the provider must also attach to the tender for the acquisition of radio frequencies for multiplex a spatial plan and a timetable for the installation of networks. Article 88 (decision on the assignment of radio frequencies to the multiplex) (1) In addition to the elements referred to in Article 63 of this Act, the decision on the allocation of radio frequencies for the multiplex shall contain, in addition to the elements referred to in Article 63 of this Act, an indication of the size and purpose of the capacity thus reserved. (2) In addition to the conditions referred to in Article 64 of this Act, the Agency may lay down the conditions, limitations and methods of offering other services in the multiplex in the decision on the allocation of radio frequencies. Article 89 (amendment to the decision on the assignment of radio frequencies for multiplex) In addition to the grounds referred to in Article 69 of this Act, the Agency may of its own initiative amend the decision on the allocation of radio frequencies for multiplex even if this is necessary to improve the quality of services for the public benefit or to ensure high-quality mobile reception.  Article 90 (repeal of the decision granting the broadcasting right) Notwithstanding the provisions of the law governing the media, the Agency shall, of its own initiative, initiate proceedings for annulment of the decision to award a television or radio broadcasting right in a given area if its holder does not begin to broadcast and broadcast the television or radio programme for which it has acquired that right within three months of the start of the operation of the multiplexes in that area, or within three months of the grant of the broadcasting right if the multiplex is already operational, provided that all the technical and legal conditions are met. Article 91 (transfer of the right to use radio frequencies for multiplex) If the multiplex operator intends to discontinue the operation of the multiplex, it may apply for the transfer of the right to use radio frequencies for multiplex. If it fails to do so at least three months before the planned cessation of management, each of the content providers in that multiplex may submit an application for the transfer of the right to use radio frequencies for the multiplex. Article 92 (inclusion of television and radio programmes in multiplex) Within the limits of the free capacity of the multiplex, the multiplex operator in a given geographical area must enable all content providers who have the right to broadcast television or radio programmes in digital broadcasting technology for that area, which they have acquired in accordance with the act governing the media, to be included in the multiplex. Article 93 (requirements for interoperability of radio receivers) (1) Car radio receivers incorporated in a new car of category M placed on the market for sale or hire must contain a receiver allowing the reception of digital radio via terrestrial digital broadcasting. Receivers that comply with harmonised standards, references to which have been published in the Official Gazette of the Republic of Slovenia, or parts thereof, shall be presumed to satisfy this requirement as covered by those standards or parts thereof. (2) Other audio-broadcast radio receivers placed on the market for sale must contain a receiver allowing the reception of digital radio via terrestrial digital broadcasting. The obligation does not apply for radio receivers which do not have a screen to display the name of the programme to be received and to products for which the radio receiver is incidental, such as smartphones and equipment used by radio amateurs.  Article 94 (measures to promote the spread of digital radio) Through their actions, the Ministry and the Agency may promote the broadcasting and reception of radio stations through terrestrial digital audio broadcasting. Article 95 (supervision) The Agency shall supervise the implementation of the provisions of this Chapter and compliance with decisions it issues pursuant to it. When supervising the implementation of the first paragraph of Article 93 of this Act, the Agency shall cooperate with the inspector responsible for transport and, in the supervision of the implementation of the second paragraph of Article 93 of this Act, with the inspector responsible for the control of goods on the market, in the application of Article 288 of this Act, mutatis mutandis. Cooperation shall take place in accordance with the act governing inspection. VII. NUMBERING ELEMENTS MANAGEMENT Article 96 (objectives and management) (1) The Agency shall, on the basis of a public mandate, manage a multitude of numbering elements in the Republic of Slovenia with the aim of ensuring their effective structuring and use and fair and non-discriminatory satisfaction of the needs of operators and other natural and legal entities that are entitled to obtain a decision on the award of numbering elements under this Act. In doing so, the Agency takes into account possible strategic documents of the Republic of Slovenia and the EU, as well as the strategic orientations of the Ministry. (2) The Agency shall keep all data relating to the management of the numbering elements. (3) The Agency shall publish on its website information on allocated numbers and number blocks, as follows: 1. number or number block, 2. number holder or number block. Article 97 (numbering plan) (1) The numbering plan of the Republic of Slovenia shall be adopted by the Agency by means of a general act. (2) The numbering plan shall specify the type, length, structure and purpose and manner of use of the numbering elements, including emergency communications numbers and numbers whose use is harmonised under EU rules, and should allow number portability and the deployment of new electronic communications services. The numbering plan shall also specify the range of non-geographic numbers that may be used for the provision of electronic communications services other than interpersonal communications services throughout the EU. (3) Changes or additions to the numbering plan which significantly interfere with the numbering system and the implementation of which is technologically difficult shall not apply until two years after their entry into force. (4) By 31 March of each year, the Agency shall publish on its website an overview of the assigned numbering elements by type and purpose. The review shall also include an analysis of the risk of exhaustion of the individual numbering elements. Article 98 (use of numbering elements) The operator and the natural or legal entities referred to in the first paragraph of Article 100 of this Act may use numbering elements only on the basis of the decision granting the numbering elements by which the Agency grants the right to use them. Article 99 (procedure to issue a decision on awarding numbering elements) (1) The Agency shall issue a decision awarding the numbering elements in accordance with the numbering plan as stipulated by the provisions of the law governing the general administrative procedure and after a prior public tender procedure has been carried out in the cases provided for in this Act. When assigning numbering elements managed by the International Telecommunication Union (ITU), the Agency shall also follow the procedures set out in the relevant recommendations of the International Telecommunication Union (ITU). When assigning numbers harmonised on the basis of EU rules, the Agency shall also follow the procedures set out in EU rules and recommendations. (2) The Agency shall use the public tender procedure only if, when using mutatis mutandis the procedure referred to in Article 46 of this Act, it finds that the effective use of certain numbering elements with an exceptional economic value (e.g. short numbers) can only be ensured by limiting the number of decisions on the award of numbering elements. Operators may participate in the tendering procedure as providers and may assign the numbering elements thus obtained to their users on equal, cost-oriented and transparent terms and conditions, and to other natural or legal entities only if they demonstrate their ability to manage the numbering elements. (3) In this tendering procedure, the Agency shall apply mutatis mutandis the provisions of this Act, which govern the tendering procedure for the allocation of certain radio frequencies. (4) Tenders shall be decided on by the Agency with the issue of one or more decisions on awarding the numbering elements, in which case these shall be issued and served within 42 days of the expiry of the time limit for the submission of tenders and at the same time the Agency must inform the public of its decision. Article 100 (issue of the decision on awarding the numbering elements) (1) An application for a decision on awarding numbering elements may be submitted by the operator. Another natural or legal entity may submit an application only if it can prove that it needs numbering elements for the performance of an activity in the public interest or numbering elements which are not used for interpersonal communications services. Other natural or legal entities must demonstrate an ability to manage the numbering elements. (2) The application referred to in the preceding paragraph shall contain the information necessary for the Agency to keep an official record of the holders of the decision granting the numbering elements and to monitor the use of the numbering elements, in particular: 1. name, address and tax number for natural entities, 2. company name, registered office, tax number and legal representative for legal entities, 3. evidence that the applicant is entitled to be assigned the numbering elements; 4. information on the type, quantity and purpose of use of the numbering elements it wishes to obtain, 5. a project containing a needs assessment plan for the next three years if the applicant requests a larger block of numbers, 6. justifications on the basis of which the applicant demonstrates that the assigned amount of numbering elements will be used within three years. (3) In addition to the information referred to in the preceding paragraph, the applicant who is not an operator shall provide evidence that they are able to manage the numbering elements. (4) In the absence of an invitation to tender, the Agency must issue and serve the decision on awarding the numbering elements within 21 days of the initiation of the procedure for obtaining the numbers. (5) Notwithstanding the provision of the preceding paragraph, the Agency shall refuse to issue a decision awarding the numbering elements by decision if it finds that: 1. the applicant is not eligible to be assigned numbering elements, 2. the applicant has not settled all outstanding liabilities to the Agency, 3. the intended use does not justify the allocation of the quantity requested or the type of numbering elements, 4. the allocation of numbering elements would be contrary to the legislation in force, 5. a non-operator applicant has not demonstrated an ability to manage the numbering elements, 6. in the case of an applicant other than an operator, there is a risk of exhaustion of the numbering elements. (6) The Agency shall establish, by means of a general act, the criteria for assessing the ability to manage the numbering elements and the risk of exhausting the numbering elements. In doing so, it shall take the utmost account of BEREC guidelines. The Agency shall also, by means of a general act, specify the content and format of the application and determine the size of the block of numbers referred to in point 5 of the second paragraph of this Article. (7) The operator may assign the awarded numbers to end-users of its services in accordance with the decision on the award of numbering elements and the applicable legislation. On the basis of a legal transaction, it may also assign them for consideration to service providers on its network, subject to charging only the actual costs. An operator shall not discriminate between service providers in respect of blocks of numbers used to access their services. All information on such transactions must be communicated to the Agency. Article 101 (content of the decision granting the numbering elements) (1) The decision on awarding the numbering elements shall contain at least: 1. details of the holder of the right to use the numbering elements, 2. assigned numbering elements, 3. the conditions of use of the numbering elements referred to in Article 102 of this Act. (2) The holder of the right to use the numbering elements must inform the Agency of the change in the data referred to in point 1 of the preceding paragraph within 30 days of their occurrence. Article 102 (conditions of use of numbering elements) The conditions referred to in point 3 of the first paragraph of the preceding Article may refer only to: 1. the identification of the service for which the assigned numbering element or elements may be used, including any requirements related to the provision of that service and the tariff principles and maximum prices that may apply in a specific numerical range, 2. ensuring the actual and effective use of the numbering elements, 3. number portability, 4. the obligation to provide information on subscribers needed in public directories in accordance with Article 205 of this Act, 5. the duration of the decision on awarding the numbering elements while taking into account any changes to the numbering plan, 6. the transfer of the right to use the numbering elements and the terms of that transfer in accordance with Article 105 of this Act, 7. payments for the use of assigned numbering elements in accordance with Article 110 of this Act, 8. the obligations assumed by the holder of the decision on awarding the numbering elements in the tendering procedure, 9. obligations arising from international legal acts established in the Republic of Slovenia relating to the elements of numbering and their application, 10. obligations relating to the extraterritorial use of numbering elements in the EU to ensure compliance with consumer protection and other rules on the numbering elements of other Member States. Article 103 (extra-territorial use of numbering elements) (1) In the case of the allocation of non-geographic numbers used to provide electronic communications services other than interpersonal communications services, the conditions in the code area of other EU Member States must be at least as strict as those of the assignment of numbering elements for the provision of services in the area of the code of the Republic of Slovenia. (2) In the case of the assignment of the numbering elements referred to in the preceding paragraph, the Agency shall lay down, in the decision granting the numbering elements, the conditions to ensure compliance with the consumer protection rules and other Member State regulations relating to the use of numbering elements applicable in the Member States in which the numbering elements will be used. (3) The Agency shall regularly provide information to BEREC on the assigned numbering elements referred to in the first paragraph of this Article. (4) In the case of the assignment of the numbering elements referred to in the first paragraph of this Article to a natural or legal entity other than an operator, the provisions of this Article shall apply to the specific services for the provision of which the right to use the numbering elements has been granted.  Article 104 (validity of the decision granting the numbering elements) The decision on the assignment of the numbering elements shall be issued by the Agency for an indefinite period. Article 105 (transfer of the right to use the numbering elements) (1) The holder of the decision awarding the numbering elements may transfer his right to use these numbering elements by means of a legal transaction to another natural or legal entity that meets the prescribed conditions, but only with the prior consent of the Agency, which shall verify whether that other natural or legal entity fulfils the conditions laid down by law, regulation or agency acts. (2) When transferring the right to use numbering elements to another natural or legal entity in accordance with the preceding paragraph, the Agency shall issue to that natural or legal entity a new decision granting the numbering elements in accordance with the provisions of the law governing the general administrative procedure. (3) The purpose of the use of numbers, which is harmonised on the basis of EU rules, may not be altered by the transfer of the right referred to in the preceding paragraph. Article 106 (amendment to the decision granting the numbering elements) (1) In order to comply with amendments to the plan in accordance with the third paragraph of Article 97 of this Act, the Agency may, ex officio, amend the decisions already issued on the assignment of the numbering elements within 30 days after the date of entry into force of the changes or amendments to the plan. In that event, the holder of the decision awarding the numbering elements or the users assigned to them shall not be entitled to claim damages. (2) The Agency may also amend the decision on awarding the numbering elements at the request of its holder. Article 107 (repeal of the decision granting the numbering elements) (1) The decision to award the numbering elements shall be annulled ex officio by the Agency if it finds that: 1. the application for allocation of numbering elements contained false data, 2. its holder no longer fulfils the conditions laid down under the applicable legislation and the decision granting the numbering elements, 3. the assigned numbering elements have not been applied or shall not be used for more than one year within three years of the decision granting the numbering elements, 4. in accordance with the first paragraph of Article 105 of this Act, its holder has transferred the right to use the numbering elements by means of a legal transaction to another natural or legal entity. (2) The Agency shall also revoke the decision to assign the numbering elements of its own initiative: 1. if payment for the use of the numbering elements or the amount for the efficient use of the limited natural resource has not been settled despite two written warnings; or 2. if there are other serious or recurrent irregularities in the fulfilment of the conditions for the application of the numbering elements referred to in Article 102 of this Act, as specified in the decision granting the numbering elements provided that these irregularities have not been rectified by more lenient measures in the supervision procedure. Article 108 (protection of end-users in the event of annulment of the decision granting numbering elements) (1) The Agency shall inform the interested public on its website and in the media about the intended annulment of the decision on the assignment of numbering elements for the reasons referred to in points 1 and 2 of the first paragraph of the preceding Article and the reasons referred to in the second paragraph of the preceding Article at least 60 days before the intended annulment of the decision on the award of the numbering elements and the possibility of end-users to transfer the numbers to another operator in accordance with Article 195 of this Act. The holder of the decision on awarding the numbering elements must also inform its subscribers thereof on its websites, in the media and in the invoices issued. (2) Before revoking the decision on the assignment of the numbering elements referred to in the preceding paragraph, the Agency shall obtain from its holder information on the numbers from the decision granting the numbering elements, which have been transferred to other operators in accordance with Article 195 of this Act. (3) On the basis of the information referred to in the preceding paragraph, the Agency shall, at least 60 days before the decision on the award of the numbering elements referred to in the first paragraph of this Article is annulled, issue a decision on the allocation of numbering elements in accordance with the provisions of the act governing general administrative procedure, by means of which blocks of numbers allocated by the decision on the allocation of numbering elements, which is to be repealed shall be assigned to the operator to which the most numbers have been transferred in accordance with Article 195 of this Act. Article 109 (termination of the decision granting numbering elements) (1) The decision on granting the numbering elements shall cease to be valid: 1. at the request of the holder of the decision granting the numbering elements, 2. if the holder of the decision granting the numbering elements ceases to exist, 3. by revoking the decision granting the numbering elements. (2) In the cases referred to in points 1 and 2 of the preceding paragraph, the Agency shall issue a declaratory decision. Article 110 (payments for the use of numbering elements) (1) Holders of the decision on the assignment of numbering elements shall be liable for an annual payment to the Agency for the use of the assigned numbering elements. The payments shall cover the costs incurred by the Agency for the management and supervision of the numbering elements. (2) The Agency shall, by means of a general act, lay down the method for calculating the amount of the payment pursuant to this Article. This depends on the quantity, length and type of numbering elements, but must not restrict competition or hinder entry into the market. (3) The amount of payments pursuant to the first and second paragraphs of this Article shall be determined by the Agency with a tariff taking into account the necessary cost recovery referred to in the first paragraph of this Article and by applying mutatis mutandis the fourth, fifth and sixth paragraphs of Article 6 of this Act. When determining the amount of the payment, the Agency shall take into account the general act referred to in the preceding paragraph in force on the date of the Government’s consent to the tariff for the next calendar year. (4) Article 7 of this Act shall apply for the assessment and payment for the use of numbering elements. (5) Notwithstanding the provision of the fourth paragraph of Article 7 of this Act, a taxable entity with a right to use the numbering elements that has ceased for reasons which are not the fault of the entity shall pay only as many twelfths of the annual payment as the whole months have been valid, but not less than one twelfth of the annual payment. (6) Notwithstanding the provision of the first paragraph of this Article, an operator shall not be required to pay the Agency for the use of numbers transferred to another operator. The operator to whom they have been transferred shall be liable to pay the agency for these numbers. In doing so, the Agency shall take into account the data communicated by the operator in accordance with Article 195(8) of this Act. (7) Numbering elements to be awarded following a call for tenders, except in the case of numbering elements for the pursuit of an activity in the public interest, which other EU rules or regulations provide for services to be accessible through these numbering elements free of charge to users, also require payment of a certain amount for the efficient use of the limited resource in order to ensure optimal use of the assigned numbering elements. This is the revenue of the state budget. In this case, the minimum amount and the method of payment thereof shall be laid down in the decision instigating the tendering procedure. In deciding on such a tender criterion, the minimum amount of this and the method of payment thereof, account shall be taken of the supply of, and demand for, the numbering elements tendered, the development of the market to which the numbering elements tender relate and the level of such payments in other EU countries and, in any event, shall not be so high as to hinder the development of innovative services and competition in the market. Article 111 (international prefix) The international prefix for calls from the Republic of Slovenia abroad is 00. Operators shall inform their end-users accordingly. Article 112 (access to services using non-geographic numbers) (1) The public communications network operator or the provider of publicly available electronic communications services shall enable end-users to call all numbers provided in the EU, including unique international freephone numbers, and access and use services using intra- EU non-geographic numbers where economically feasible. (2) The operator of public communications networks or the provider of publicly available electronic communications services shall not be required to comply with the obligations set out in the preceding paragraph if the caller has decided to limit calls coming from a specific area of the EU for commercial reasons. (3) The court may order an operator of a public communications network or a provider of publicly available electronic communications services to disable access to individual numbers or services accessible through those numbers where this is justified by abuse or fraud in a specific case discussed by the court. In such a case, the court may require the provider of electronic communications services to withhold revenue from the connection or other service in question. Article 113 (supervision) (1) The Agency shall supervise the implementation of the provisions of this Chapter and compliance with decisions it issues pursuant to it. (2) In the case of decisions on the assignment of numbering elements referred to in Article 103 of this Act, the Agency shall initiate a supervisory procedure on a proposal from the national regulatory authority or other competent authority of the EU Member State in which the numbering elements are used which demonstrates a breach of consumer protection rules or other regulations of that country related to the use of numbering elements. VIII. SECURITY OF NETWORKS AND SERVICES AND FUNCTIONING IN SITUATIONS OF THREAT Article 114 (security of networks and services) (1) Operators must take appropriate and proportionate technical and organisational measures to adequately manage the risks to the security of networks and services, including associated information systems, in particular to prevent and minimise the effects of security incidents on users and on other networks and services (hereinafter: safety management system). The measures taken, including encryption where appropriate, should ensure a level of security appropriate to the risk envisaged while taking into account the situation. (2) The measures referred to in the preceding paragraph shall include the adoption, implementation and monitoring of the relevant ISMS, which shall be designated by the operator as a trade secret. Operators must regularly improve ISMS, including the related measures contained therein. (3) SUVI shall include at least: 1. identification of all security risks within the operator as well as those outside the operator which may jeopardise the operation of the public communications network or may interfere with the operations of publicly available electronic communications services offered by that operator, 2. characterisation of the probability of an event for all security risks referred to in the previous point, 3. identification of the degree of adverse effects and consequences for the operations of the public communications network and on publicly available communications services for all security risks referred to in point 1, 4. identification of appropriate security measures and the development of a risk management plan, including the setting of security controls and targets to reduce the likelihood of a security incident occurring, 5. identification of measures and plans to minimise negative effects and mitigate the consequences of a security incident, 6. definition of the appropriate way of organising security within an operator, the integral part of which is network security, information system and physical protection of facilities, 7. definition of an appropriate way of securing staffing in key positions with an operator engaged in professional safety; 8. definition of how the measures and procedures implemented are regularly checked for compliance with those described in the safety plan. (4) The measures referred to in the first paragraph of this Article shall also include the adoption, implementation and monitoring of the relevant BCMS designated by the operator as a trade secret. Operators must regularly improve the BCMS and related measures. (5) The reference in the preceding paragraph refers to the provision of emergency communication, which must be reviewed at least once a year. Its adoption and any amendments or updates shall be subject to prior approval by the competent authorities responsible for the operation of emergency communication centres. (6) Operators shall take the utmost account of internationally recognised standards and best practices in the context of the ISMS and the BCMS. (7) In order to implement this Article, the Agency shall issue a general act laying down, in particular, the technical orientations to be taken into account by operators in the assessment of risks and technical and organisational measures. In preparing the general act, the Agency shall cooperate with the authority responsible for information security. Article 115 (additional safety requirements) (1) Mobile communications network operators providing these networks to critical infrastructure managers in other critical infrastructure regulation areas designated in accordance with the law governing critical infrastructure (hereinafter: operators of critical infrastructure), operators of essential services designated in accordance with the law governing information security (hereinafter: operators of essential services), authorities of the national administration designated in accordance with the law governing information security (hereinafter: the authorities of the national administration) or holders of key parts of the state security system must take into account additional safety requirements and limitations in addition to the requirements set out in the previous Article. (2) In addition to identifying the risks referred to in the preceding Article, the operators referred to in the preceding paragraph shall take into account the risks arising from relations and agreements with manufacturers or suppliers (hereinafter: supplier) of information systems and network equipment (hereinafter: equipment) and the risks arising from third level support services provided to these operators by third level support service providers. Where a supplier with particular equipment has passed the assessment of the European certification bodies carrying out the assessment in terms of the safety or quality of the products, that equipment shall be considered technically appropriate without further assessment by the operator. (3) The operator referred to in the first paragraph of this Article shall carry out a risk assessment for each of its suppliers or a third level support service provider. It shall include in this risk assessment all relevant risks referred to in the preceding paragraph, taking into account possible strategic constraints on the security of the country with regard to the provision of networks and services by high-risk suppliers (hereinafter: high-risk suppliers), as determined by the Government in the decision identifying high-risk suppliers referred to in Article 116 of this Act. (4) The obligation of the definitions referred to in the third paragraph of the preceding Article for operators referred to in the first paragraph of this Article shall also cover risks which may jeopardise the operation of an electronic communications network which is not public or may interfere with the operation of electronic communications services which are not public, provided that the aforementioned operator operates such networks for the needs of managers of critical infrastructure in other areas of critical infrastructure regulation, operators of essential services and authorities of the national administration or for the holders of key parts of the national security system. (5) The operator referred to in the first paragraph of this Article shall not use equipment of high- risk suppliers referred to in the third paragraph of this Article, the use of which could have a significant negative impact on the security of these networks, its critical elements and related information systems when providing the relevant networks referred to in the first paragraph of this Article or in the preceding paragraph. When providing the networks referred to in the first paragraph of this Article or in the preceding paragraph, that operator shall also not use third level support services provided by high-risk suppliers. (6) For the implementation of this Article, the Agency shall issue a general act defining, in particular, the critical elements of the network and the related information systems referred to in the preceding paragraph, as well as other technical guidelines to be taken into account by operators when assessing the risks referred to in this Article. In preparing the general act, the Agency shall cooperate with the authority responsible for information security. Article 116 (identification of high-risk suppliers) (1) The Government, after a preliminary opinion of the National Security Council (hereinafter: SNAV) may, at the request of the authority responsible for information security, designate by decision high-risk suppliers, including a deadline for compliance with the obligations referred to in the fifth paragraph of the preceding Article, which may not exceed five years. In assessing whether the supplier is a high-risk supplier, the Government shall take into account that at least three of the following criteria must be met: 1. strong links between the supplier and the government of a given third country, e.g. the supplier’s decision-makers’ relations with the government or authorities of the third country, 2. the third country’s legislation in the field of security or data protection allowing government’s interference, in particular in the absence of a legislative or democratic system of supervision and balance, or in the absence of security or data protection agreements between the EU and a specific third country, 3. the non-transparent ownership structure of the supplier’s company allowing interference by the government of a third country, 4. the ability of the third country to exert pressure on the business decisions of the supplier, e.g. also in relation to the place of manufacture of the equipment, 5. the supplier’s ability to ensure delivery even in difficult economic conditions, e.g. in the event of broken supply chains or economic sanctions, 6. the overall quality of the supplier’s cybersecurity products and practices, including the level of control of its own supply chain and any appropriate prioritisation of security practices. If the supplier with certain products or equipment has passed the assessment of the European certification bodies carrying out the assessment in terms of the safety or quality of the products, those products or equipment shall be deemed to be technically suitable or of good quality, 7. the supplier’s transparency regarding the processing of data by the supplier, e.g. compliance with data protection legislation. (2) The technical material for the decision referred to in the preceding paragraph shall be prepared by the authority responsible for information security in cooperation with other competent authorities, depending on their competence in the areas referred to in the previous paragraph, and after a prior consultation with the Agency regarding the determination of the appropriate deadline referred to in the preceding paragraph and any other technical issues arising from the preparation of the material. The authority responsible for information security may also invite a potential high-risk supplier, in the context of the preparation of technical material, to provide information and data which could have an impact on the clarification of the facts or invite them to an oral interview in this regard. (3) The SNAV shall, at regular intervals, but at least every three years, consider technical material regarding the adequacy of the decisions issued as referred to in the first paragraph of this Article and the possible need to issue new decisions prepared by the authority responsible for information security in the manner referred to in the preceding paragraph. (4) In the preliminary opinion of the SNAV, the Government shall, on a proposal from the authority responsible for information security, amend, supplement or revoke previous decisions identifying high-risk suppliers or, if necessary, issue new decisions under the first paragraph of this Article. A high-risk supplier may submit to the authority responsible for information security and proposal to amend, supplement or annul a final decision referred to in the first paragraph of this Article if it proves that the conditions for issuing it are no longer satisfied or because the circumstances for issuing it have subsequently changed significantly. (5) The Government shall publish information on the decision referred to in the first paragraph of this Article in the Official Gazette of the Republic of Slovenia concerning the designation of a specific high-risk supplier. The Government shall also make this information available to the Agency. (6) An administrative dispute may be brought against the decision referred to in the first paragraph of this Article. Article 117 (obligation to notify and report security incidents) (1) Operators shall inform the Agency and the national electronic network and information security incident handling team (hereinafter referred to as ‘the Agency’) without undue delay of all security incidents which have had a significant impact on the operation of public communications networks or the provision of public communications services. If an emergency communication is affected as a result of a security incident, operators shall also inform the relevant emergency communication centre at the same time. Operators shall inform the competent authorities referred to in this paragraph in such a way as to ensure, where possible, the security of the data transmitted by electronic means. (2) The Agency shall, by means of a general act, determine the content of the notification and in which cases the impact referred to in the preceding paragraph is significant. Before issuing the aforementioned general act, the Agency shall seek the opinion of the authority responsible for information security. (3) In determining the significant impact referred to in the preceding paragraph, the Agency shall particularly take into account the following criteria: 1. number of users affected by a security incident, 2. duration of the security incident, 3. geographical spread of the area affected by the security incident, 4. the extent to which the operation of the network or service is affected, 5. the extent of the impact on economic and social activities, in particular critical infrastructure, the provision of essential services, emergency communication services and the functioning of the authorities of the state administration or of key parts of the state security system. (4) The national CSIRT shall notify the information security authority responsible for information security of the incidents referred to in the first paragraph of this Article. (5) The Agency shall, where appropriate, inform the competent authorities in other EU Member States and the European Union Agency for Cybersecurity (ENISA) of individual security incidents referred to in the first paragraph of this Article. (6) If the Agency considers that the disclosure of a security incident referred to in the preceding paragraph is in the public interest, it may, after consulting the authority responsible for information security, inform the public itself or may impose such disclosure on the operator concerned by the security incident. (7) Each year, the Agency shall submit to the European Commission and ENISA no later than at the end of February for the previous year a short annual report on the notifications received and the measures taken in accordance with paragraphs 1, 2 and 5 of this Article. The Agency shall also communicate the report to the authority responsible for information security. (8) In the event of a specific and serious threat of a security incident as referred to in the first paragraph of this Article, operators shall inform their users likely to be affected by such a threat, free of charge, of any safeguard or corrective measures that users may take in public communications networks or publicly available electronic communications services. If necessary, operators must also inform users of the threat itself. (9) The Agency may request assistance from the national CSIRT on issues falling within its remit under the law governing information security. (10) The Agency shall, where appropriate, consult and cooperate with law enforcement authorities, the authority responsible for information security and the Information Commissioner on the issues referred to in this Article. (11) The provisions of this Article shall be without prejudice to the provisions of Chapter XII of this Act and other regulations governing the protection of personal data. Article 118 (evaluation of a security incident) (1) Notified security incidents shall be evaluated by the Agency in cooperation with the national CSIRT. During the evaluation, the Agency and the CSIRT may consult the authority responsible for information security. Depending on the severity of the security incident: 1. a minor incident of a one-off security incident, which, according to the criteria for determining the significance of the impact of a security incident referred to in the third paragraph of the preceding Article, has a small negative impact on the security of the operator’s networks and services and will not have a significant impact on the smooth operation of the operator and will not cause significant damage to it; nor must such an incident have a negative impact on the operation of critical infrastructure managers or the functioning of operators of essential services or public administration bodies designated in accordance with sectoral legislation, on emergency communications or the operation of critical sections of the State’s security system; 2. a serious incident of a single security incident or a sequence of numerous different security incidents within a short period of time which has a significant negative impact on the security of networks and services of the operator according to the criteria for determining the significance of the impact of the incident referred to in the third paragraph of the preceding Article; such an incident has a significant impact on the smooth operation of the operator and causes significant damage to it; at the same time, such an incident may also have a negative impact on the operation of critical infrastructure managers or the operation of operators of essential services or state administration bodies designated in accordance with sectoral legislation, emergency communications or the operation of critical sections of the State’s security system, but this impact does not meet the criteria set out in the following point; 3. a critical incident that has a very significant negative impact on the security of networks and services of the operator according to the criteria for determining the significance of the impact of an incident referred to in the third paragraph of the preceding Article; at the same time, such an incident also causes difficulties in the functioning of the State, in particular key sections of the State’s security system, emergency communications and in accordance with the sectoral legislation of designated operators of essential services or public administration bodies; a critical incident may also partially disable the operation of at least three areas of critical infrastructure or essential services designated in accordance with sectoral legislation, or one in its entirety. (2) For the implementation of this Article, the Agency shall issue a general act specifying, in particular, what is a small, significant or very significant negative impact on the security of networks and services of operators, taking into account the criteria set out in the third paragraph of the preceding Article. In preparing the general act, the Agency shall cooperate with the authority responsible for information security.  Article 119 (action in the event of a serious and critical incident or cyber-attack) (1) On the basis of the data and information on the severity of a security incident referred to in the preceding Article provided by the Agency as well as the national CSIRT, the authority responsible for information security may assess in cooperation with both authorities whether there a simultaneous cyber-attack has also occurred. (2) The authority responsible for information security must immediately inform the Government and the SNAV about a critical incident and cyber-attack and may, depending on the assessment of the relevant circumstances, also inform them of a serious incident which has a possibility of becoming a critical incident. (3) In the event of a serious or critical incident, or in the event of a cyber-attack, the information security authority shall, by written decision and, in urgent cases also orally, provide operators with such appropriate and proportionate measures as are necessary to halt an ongoing security incident or to remedy its consequences. The operator shall be notified in writing of the oral decision as soon as possible, but no later than 48 hours after the oral decision. (4) The measures issued pursuant to the preceding paragraph shall be determined to the extent and for such time as is strictly necessary to achieve the purpose referred to in the preceding paragraph. No appeal may be lodged against the decision referred to in the preceding paragraph, but an administrative dispute is permitted. An administrative action shall be filed at the seat of the administrative court of the Republic of Slovenia. The procedure is necessary and a priority. (5) The authority responsible for information security shall immediately inform the Government, the SNAV and the Agency of the measures issued pursuant to the third paragraph of this Article. Article 120 (state of increased threat and action) (1) The state of increased threat to the security of the networks and services of the operator (hereinafter: a state of heightened threat) is a situation where there is a high probability of the realisation of a serious or critical incident as referred to in the first paragraph of Article 118 of this Act or of a cyber-attack referred to in the first paragraph of the preceding Article within 72 hours of the detection of such probability. (2) The authority responsible for information security shall assess, based on the data and information in its possession and in cooperation with the Agency and the national CSIRT, whether there is an increased threat as referred to in the preceding paragraph. (3) The authority responsible for information security shall immediately inform the Government and the SNAV about the situation of an increased threat due to the likelihood of a critical incident or a cyber-attack as referred to in the first paragraph of this Article and may also inform the Government and the SNAV, depending on the assessment of the relevant circumstances, due to the likelihood of a serious incident as referred to in the first paragraph of this Article being realised. (4) In a state of heightened threat, the authority responsible for information security may, by written decision and, in urgent cases also orally, determine such appropriate and proportionate measures for the operator or operators concerned as are necessary to prevent or reduce the likelihood of the occurrence of the incident referred to in the first paragraph of this Article as well as to reduce the expected adverse consequences in the event of such an incident being realised. The operator shall be notified in writing of the oral decision as soon as possible, but no later than 48 hours after the oral decision. (5) The measures issued pursuant to the preceding paragraph shall be determined to the extent and for such time as is strictly necessary to achieve the purpose referred to in the preceding paragraph. No appeal may be lodged against the decision referred to in the preceding paragraph, but an administrative dispute is permitted. An administrative action shall be filed at the seat of the administrative court of the Republic of Slovenia. The procedure is necessary and a priority. (6) The authority responsible for information security shall inform the Government, the SNAV and the Agency of the measures referred to in the fourth paragraph of this Article. Article 121 (informing the public about the measures taken) If public information is also required in relation to measures taken under Article 119 or 120 of this Act, the authority responsible for information security together with the government department responsible for communication with the public shall draw up a communication for a press release, which the media may publish only in an unaltered form. Article 122 (security audit) (1) Operators shall, at the request of the Agency, agree to an audit of the security of their networks and services, including associated information systems (hereinafter: an audit of information systems) carried out at the expense of the operator by a certified auditor of information systems, who shall forward the results of this audit of information systems, which retains the level of confidentiality referred to in the second paragraph of Article 114 of this Act, to the Agency and the auditee. (2) For the purpose of carrying out the audit referred to in the preceding paragraph, the operator shall select a tested auditor of information systems registered with the Slovenian Institute of Audit. The operator shall inform the Agency of its choice and of the initiation of the process of auditing the information systems within 30 days of the Agency’s request referred to in the preceding paragraph. (3) If the operator does not comply with the preceding paragraph, the Agency shall designate a certified auditor of information systems registered with the Slovenian Institute of Audit, to carry out the audit referred to in the first paragraph of this Article. The audit costs shall be borne by the auditee. Article 123 (business continuity management in risk situations) (1) Operators must establish, document, implement and maintain processes, procedures and controls for the provision of SUNPs, including the provision of alternative pathways, in the event of threat situations, as well as, where appropriate, with other operators. This applies in particular to those parts of the network, services and connections that are necessary for the smooth operation of networks of critical sections of the State’s security and emergency communications system and for supporting the operation of critical infrastructure, operators of essential services and authorities of the state administration. (2) Operators must establish and maintain adequate capacity, measures and arrangements with other operators that ensure rapid network recovery and restoration of services referred to in the preceding paragraph in the event of catastrophic failure or in the event of natural and other disasters. (3) Operators shall continuously implement and monitor and regularly improve the measures, plans and capacities for the provision of the BCMS referred to in the first paragraph of this Article, taking into account changes and previous negative events. (4) Insofar as the SUNP referred to in paragraph 1 concerns the provision of emergency communication, it shall be reviewed at least once a year. Its adoption and any amendments or updates shall be subject to prior approval by the competent authorities responsible for the operation of emergency communication centres. Article 124 (provision of advantages and other measures in the event of threat situations) (1) In the event of a threat situation, operators must, as a matter of priority, ensure the operation of those parts of the network, services and connections that are necessary for the smooth operation of networks of critical sections of the State’s security and emergency communications system and support the operation of critical infrastructure, operators of essential services and public administration bodies. (2) Operators providing a public communications network shall adapt their network in such a way as to allow for the allocation of advantages to communications from specified network termination points over communications from the remaining network termination points (hereinafter: priority function) in threat situations. Communication which has been granted an advantage in the public communications network of a given operator also retains that advantage in the public communications networks of other operators within the scope of the technical possibilities. The burden of proving the extent of technical incapacity lies with the operator. In situations of threat, operators may also facilitate the operation of network termination points with priority by limiting or interrupting the operation of residual communications traffic to such an extent and for as long as is strictly necessary for the operation of priority network termination points. (3) The Government shall designate by decree the groups of users entitled to network termination points with priority in accordance with the preceding paragraph. (4) The Government shall also, by decision, lay down other measures and restrictions or suspensions in connection with the provision of public communications networks or services in the event of natural and other disasters, a declared epidemic in accordance with the regulations governing public health, or in the event of catastrophic network failures, if necessary, in order to remedy the situation. (5) The measures issued pursuant to the preceding paragraph shall be determined to the extent and shall be valid for as long as is strictly necessary to remedy the circumstances referred to in the preceding paragraph. Article 125 (availability of publicly available services) (1) In addition to the obligations set out in the first and second paragraphs of the preceding Article, providers of voice communications services and internet access services provided over public communications networks shall take appropriate technical and organisational measures to minimise disruption of their activities in the event of a threat situation. Providers of voice communications services and internet access services must implement those measures throughout the circumstances which led to their adoption. (2) The measures referred to in the preceding paragraph shall ensure that the availability of voice communications services is ensured as soon as possible. These measures must, in particular, allow uninterrupted access to such services, allow the use of emergency communication numbers and the continuous implementation of public information and alarms as referred to in Article 201 of this Act. Article 126 (item) (1) The universal service provider or the operator which is required to enforce obligations under this Chapter of this Act shall, by means of an internal act, regulate the manner of continuous provision of services within the scope of the universal service or the obligations imposed on the operator under this Chapter. (2) The Agency shall supervise compliance with the obligation to adopt and implement the internal act referred to in the preceding paragraph.  Article 127 (general act) The Agency may also, by means of a general act, further regulate the manner in which the provisions of this Chapter are implemented, where the adoption of a general act is not expressly required. Article 128 (supervision) The Agency shall supervise the implementation of the provisions of this Chapter, with the exception of the provisions of Articles 119 and 120 of this Act, where supervision shall be carried out by the authority responsible for information security. IX. ENSURING COMPETITION 1. General Article 129 (regulation strategy) In order to promote regulatory predictability, the Agency shall develop and publish on its website at least a three-year regulatory strategy. Article 130 (interconnection and operator access) (1) Operators of public electronic communications networks shall have the right and, where requested by other operators of public electronic communications networks, a duty to negotiate interconnection with each other in order to provide public communications services for the provision of services and to interact. Operators of public electronic communications networks shall offer other operators access or interconnection on terms and conditions consistent with the obligations imposed by the Agency under this Act in relation to interconnection and operator access. (2) The technical and commercial issues of operator access or interconnection shall be agreed by the parties themselves in a contract, which shall not conflict with the provisions of this Act and the regulatory obligations imposed by the Agency in the decisions referred to in this Chapter. At the request of one of the parties, any disputes shall be settled by the Agency in accordance with the procedure referred to in Article 283 of this Act. (3) When concluding interconnection or operator access agreements, the parties must protect the confidentiality of all the information they have exchanged in doing so. The information exchanged may not be used for any other purpose or be given to a third party, in particular to another department, branch or subsidiary and to partners to whom the provision of such information could confer a competitive advantage. Notwithstanding the above, the obligations set out in Articles 149 and 150 of this Act shall apply. (4) Without prejudice to the dispute settlement procedure referred to in the second paragraph of this Article, the Agency shall, in accordance with the objectives set out in Articles 258 to 261 of this Act, encourage and, if deemed appropriate in the circumstances of the case, ensure appropriate operator access, interconnection and the interaction of services in a manner that promotes efficiency, sustainable competition, the installation of very high capacity networks, efficient investment and innovation and brings maximum benefits to end-users. In so doing, the Agency may, in particular, impose obligations on operators controlling access to end-users to the extent necessary to ensure end-to-end connectivity, including the obligation to interconnect their networks where this has not already been done, or, in justified cases and to the extent necessary to that end, impose an obligation on operators to facilitate the interaction of their services. This is without prejudice to the obligations it may impose on operators with significant market power under this Act. (5) The obligations and conditions in the decision referred to in the preceding paragraph shall be objective, transparent, proportionate and non-discriminatory. The decision must be issued in accordance with the procedures referred to in Article 269 of this Act and in accordance with the procedures for cooperation and consultation with other regulatory authorities, the European Commission and BEREC, as set out in Articles 274, 275, 276 and 277 of this Act. Five years after the imposition of the action, the Agency shall review the results of its imposition and assess the need for amending or revoking the decision in the light of changing circumstances. It shall publish the results of the review in accordance with the procedures referred to in Article 269 of this Act and in accordance with the procedures for cooperation and consultation with other regulatory authorities, the European Commission and BEREC, as set out in Articles 274, 275, 276 and 277 of this Act. (6) In order to ensure the achievement of the objectives referred to in the fourth paragraph of this Article in respect of operator access and interconnection in justified cases, the Agency may also decide ex officio in accordance with the procedures referred to in Articles 269, 274, 275 and 277 of this Act and apply mutatis mutandis the procedure referred to in Articles 283 and 284 of this Act. (7) An operator that does not provide services or operates a network in the Republic of Slovenia may request operator access or interconnection without prior notification to the Agency in accordance with Article 5 of this Act. (8) The Agency shall draw up and publish on its website guidelines and information on the procedures for interconnection and operational access. Article 131 (obligations for providers of number-independent interpersonal communications services) (1) In justified cases, the Agency may, by decision in accordance with the procedure referred to in the fourth paragraph of the preceding Article or in accordance with the procedure referred to in the sixth paragraph of the preceding Article, impose obligations on providers of number- independent interpersonal communications services to achieve a significant level of coverage and users to ensure the interaction of their services. The obligation is imposed in justified cases in which end-to-end connectivity is compromised due to insufficient interaction of services to the extent necessary to ensure end-to-end connectivity between end-users. The Agency may impose proportionate obligations on providers of number-independent interpersonal communications services to publish and allow other competent authorities and service providers to use, amend and disseminate relevant information or to apply and implement the standards or specifications referred to in Article 267 of this Act or other relevant European or international standards. (2) The obligations referred to in the preceding paragraph may be imposed after the entry into force of the regulations adopted by the European Commission in accordance with Article 61(2) of Directive (EU) 2018/1972. (3) The Minister shall publish the date of entry into force of the regulations referred to in the preceding paragraph in the Official Gazette of the Republic of Slovenia. Article 132 (access to application programming interfaces and electronic programme guides) The Agency may, by decision in accordance with the procedure referred to in Article 130(4) or in accordance with the procedure referred to in Article 130(6) of this Act, impose on an operator providing electronic communications networks intended for the distribution of digital television services the obligation to provide access to application programming interfaces and electronic programme guides under fair, justified and non-discriminatory conditions. The Agency shall impose obligations to the extent necessary to ensure that end-users have access to digital radio and television broadcasting services and related complementary services. Article 133 (obligations relating to the sharing of passive infrastructure and the obligation to conclude locally restricted national roaming agreements) (1) The Agency may, by decision in accordance with the procedure referred to in Article 130(4) or in accordance with the procedure referred to in Article 130(6) of this Act, impose obligations on operators relating to the sharing of passive infrastructure or the obligation to conclude locally restricted national roaming agreements, where this is directly necessary for the local provision of services using radio spectrum and if no viable and similar alternative means of access to end-users under fair and reasonable conditions are provided to any operator. (2) The Agency may impose the obligations referred to in the preceding paragraph only where such an option has been indicated in the decision establishing the invitation to tender for the allocation of radio frequencies and where, in the area covered by such obligations, there are insurmountable economic or physical barriers to the market deployment of infrastructure for the provision of networks and services, which results in a significant lack or no access for end- users to networks or services. If the sharing of passive infrastructure is not sufficient, the Agency may impose obligations to share active infrastructure. (3) When implementing this Article, the Agency shall take into account: 1. the need to ensure maximum connectivity within the EU along major transport routes and, in particular, territorial areas, and be able to significantly increase the choice and quality of service for end-users, 2. efficient use of radio spectrum, 3. technical feasibility of sharing and associated conditions, 4. the state of competition in infrastructure and services, 5. technological innovation, 6. maintaining the motivation of the host to install the infrastructure. (4) In the dispute settlement procedure referred to in Articles 283 and 284 of this Act, the Agency may impose an obligation on a beneficiary benefiting from the sharing obligation or national roaming obligation to use the radio spectrum together with the host of the infrastructure in the area concerned. Article 134 (systems with conditional access and other facilities) (1) Operators of conditional access services providing access to digital television and radio services on which broadcasters depend must provide all broadcasters on fair, justified and non-discriminatory terms with technical services enabling subscribers to access their services using a decoder. (2) The operators referred to in the preceding paragraph shall separate the provision of conditionally available services from other activities. (3) Holders of industrial property rights for conditional access products and systems should grant those rights to manufacturers of user equipment on fair, justified and non-discriminatory terms. When granting this right, those holders shall not under any circumstances prevent the manufacturer from including in the same product a common interface allowing connection to other accessible systems or elements specific to another access system, provided that appropriate and acceptable conditions are complied with to ensure the security of transactions of conditional access system operators. (4) Where, on the basis of a market analysis carried out in accordance with the first paragraph of Article 147 of this Act, the Agency considers that one or more operators do not have significant market power on the relevant market, it may amend or repeal the conditions for those operators, subject to Articles 274 to 277 of this Act, only if: 1. the modification or repeal would not adversely affect end-user accessibility to radio and television broadcasts and broadcasting channels and services subject to the broadcasting obligation in the media law, 2. the modification or repeal would not adversely affect the possibility of effective competition in the market for the retail provision of digital television and radio broadcasting services, as well as on the market for conditional access systems and other associated facilities. (5) The Agency shall inform the persons concerned by the amendment or annulment of the conditions referred to in the preceding paragraph within a reasonable period of time. Article 135 (classification of programmes) The Agency shall issue, by means of a general act, instructions to operators providing public communications networks intended for the distribution of digital television services for the classification of programmes for which it has granted authorisation under the law governing the media. In doing so, it shall take into account the public interest pursued by the media act and the interests of end-users. An operator intending to change a programme site within the scope of a general act referred to in the first sentence must alert the broadcaster to that programme and notify the new programme site at least 30 days before the intended change. The classification of programmes under the general act referred to in the first sentence shall not affect the right of the end-user to freely determine the order of the programmes for its use. 2. Shared use Article 136 (shared use) (1) Where the network operator has acquired the right to construct, install, operate or maintain such networks and associated infrastructure on, above or under foreign property, or where it can benefit from the expropriation process or the establishment of easement for that property, the Agency may order the joint use of the communication facilities referred to in the third paragraph of this Article, including joint location, while taking into account the principle of proportionality. The Agency shall not order an investor the construction of electronic communications networks and associated infrastructure for the purposes of security, police, defence and protection, rescue and assistance. (2) The Agency may order the joint use referred to in the preceding paragraph for the benefit of the network operator if it is deprived of access to useful alternatives for reasons of environmental protection, public health, public safety or spatial planning and the latter fails to agree on joint use with the network operator referred to in the preceding paragraph. (3) The joint use referred to in this Article shall cover the use of property or communication facilities, such as buildings, entrances to, and wiring in, buildings, masts, antennas, towers and other similar structures, as well as pipes, ducts, manholes and cabinets, including physical shared location. (4) When ordering joint use, the Agency may lay down rules for the sharing of the costs of joint use of facilities or real estate. The Agency may also set or limit the cost of access to this infrastructure by taking into account the efficient provision of services when sharing costs. The network operator referred to in the first paragraph of this Article shall, at the request of the Agency, prove and justify the cost of access to the infrastructure. (5) The Agency shall decide on the measure referred to in the first paragraph of this Article at the request of the network operator and, if it considers it appropriate in the circumstances of the case, it shall also take a decision ex officio. When issuing a decision, the Agency shall proceed in accordance with the procedure referred to in the fifth paragraph of Article 130 of this Act. (6) Joint deployment must be objective, transparent, non-discriminatory and proportionate. A joint deployment measure shall be carried out in cooperation with the authorities of self- governing local communities if deemed necessary by the Agency in the circumstances of the case. Article 137 (joint use of in-building physical infrastructure) (1) The network operator shall have access rights to in-building physical infrastructure for the deployment of an electronic communications network where duplication of that infrastructure would be economically inefficient or physically impracticable. (2) At the justified request of the network operator, holders of the right to use a distribution point and in-building physical infrastructure shall offer to enter into an appropriate arrangement regarding access to the distribution point and to the in-building physical infrastructure on fair and non-discriminatory terms, including the price of such access and use, where applicable. (3) Notwithstanding the provisions of the preceding paragraphs, the liable entity referred to in the preceding paragraph may refuse access if the passive communication infrastructure is available under fair and non-discriminatory conditions, including the price of such access and use, where applicable. (4) Notwithstanding the provisions of the first and second paragraphs of this Article, the entity liable under the second paragraph of this Article shall refuse access if the decision referred to in the first paragraph of Article 138 of this Act already imposes an obligation of joint application. (5) If no agreement on the access referred to in the first or second paragraphs of this Article has been reached within two months of the receipt of a written request for access, the Agency shall decide on the matter at the request of one of the parties in accordance with the procedure referred to in Article 286 of this Act. In doing so, the Agency shall take into account the requirements set out in the first or second paragraphs of this Article. (6) In the event of unavailability of in-building physical infrastructure, the network operator may, subject to paragraph 5 of the preceding Article, terminate its network at its premises in agreement with the contracting authority, while minimising the impact on the private property of third parties.  Article 138 (joint use of wiring, cables and associated facilities in buildings) (1) The Agency may impose on the network operator referred to in the first paragraph of Article 136 of this Act, at the request of the network operator or of its own initiative, the obligation to use the wiring, cables and associated facilities in buildings together, or until the first distribution point if this is outside the building, in accordance with the procedure laid down in the fifth paragraph of Article 130 of this Act, if duplication of this infrastructure would be economically inefficient or physically impracticable. In so doing, it may lay down rules on access to such network elements and associated facilities and associated services, rules on transparency and non-discrimination, and rules for sharing the costs of sharing capacity or property that are adjusted to the risk of the investment, if the Agency deems it appropriate, depending on the circumstances of the case. (2) If the obligations under the preceding paragraph do not eliminate the significant and permanent economic and physical obstacles for duplication which are sufficient to give rise to existing or emerging restrictions of competition on the market, the Agency may, under fair and appropriate conditions, extend the access obligation referred to in the preceding paragraph to a point as close as possible to end-users and which can provide a sufficient number of connections to end-users in order to be commercially profitable for efficient access applicants. In doing so, the Agency shall take utmost account of BEREC guidelines. The Agency may impose an obligation of active or virtual access if this is necessary for economic or technical reasons. (3) The Agency shall not impose the obligations referred to in the preceding paragraph: 1. exclusively to the wholesale operator referred to in Article 161 of this Act, which makes a viable and similar alternative means of access to end-users available to all operators on fair, non-discriminatory and reasonable terms by providing access to a very high capacity network; or 2. if the imposition of obligations would jeopardise the economic or financial sustainability of the deployment of a new network, particularly in the context of small local projects. (4) The Agency may extend the exemption referred to in the first point of the preceding paragraph to other operators offering access to a very high capacity network under fair, non- discriminatory and reasonable conditions. (5) The exception provided for in the first point of the third paragraph of this Article shall not apply to networks which have been constructed with the funds referred to in Article 20 of this Act. (6) Where the owner of the installation referred to in the first paragraph of this Article is the owner of a building, they shall, on fair, reasonable and non-discriminatory terms, allow the joint use of this installation by other natural or legal entities providing electronic communications networks.  Article 139 (access to existing physical infrastructure) (1) The infrastructure operator may offer access to its physical infrastructure to the network operator for the purpose of deploying elements of electronic communications networks. (2) The network operator may offer its physical infrastructure to another infrastructure operator for the purpose of deploying networks other than electronic communications networks. (3) Where a network operator requests access to its physical infrastructure for the deployment of elements of electronic communications networks, it shall specify in its request the elements of the physical infrastructure to which it requests access, including a specific timeframe. The Agency shall, by means of the general act referred to in paragraph 8 of this Article, establish a minimum set of elements to be included in the application. (4) In the event of a request from a network operator as referred to in the preceding paragraph, the infrastructure operator shall make a bid for the joint use of capacity under fair and reasonable conditions. (5) Notwithstanding the provision of the preceding paragraph, an infrastructure operator may refuse access to its physical infrastructure on the basis of: 1. technical inadequacy due to specific circumstances relating to the infrastructure to which access has been requested, 2. the lack of adequate space or plans to use this space for other purposes, which must be justified (e.g. publicly available investment plans of the infrastructure operator), 3. threats to security or public health, 4. threats to network security, in particular critical infrastructure, 5. a risk that the planned electronic communications services would seriously disrupt the provision of other services through the same physical infrastructure, 6. the availability of viable alternative means of wholesale access to physical network infrastructure offered by the infrastructure operator which are suitable for the provision of electronic communications networks, provided that such access is offered on fair and reasonable terms. (6) The infrastructure operator shall notify the reasons for the refusal of access referred to in the preceding paragraph within two months of receipt of the request for access, which shall contain all the elements referred to in the third paragraph of this Article. (7) If no agreement is reached on the terms of access within two months of receipt of the request for access containing all the elements referred to in the third paragraph of this Article, or if the infrastructure operator refuses access, the dispute shall be decided by the Agency at the request of one of the parties in accordance with the procedure referred to in Article 286 of this Act. The Agency shall set an access price such that the access provider has reasonable prospects of covering its costs, also taking into account the impact of the access in question on the business plan of the access provider, including investment made by the infrastructure operator requested to provide access, in particular investment in the physical infrastructure used to provide electronic communications services. (8) The Agency shall issue a general act for the implementation of this Article. Article 140 (access to unused optical fibres) The network operator may, in the manner and in accordance with the procedure set out in the preceding Article, also ask the investor in other types of public infrastructure or the manager of other types of public infrastructure to access its unused optical fibres. Article 141 (implementation of joint use) A natural or legal entity providing communications networks must exercise the right of joint use of communication objects or property referred to in Articles 136 to 140 of this Act in such a way that it disrupts the owner of the property and interferes with the property relating to the joint use of communication objects or property only to the most necessary extent, and only disrupts the owner of the infrastructure on which the right of joint use is granted or the person managing that infrastructure to the most necessary extent. 3. Regulation of operators with significant market power Article 142 (Small Market Power operators) (1) In order to ensure effective competition in the electronic communications market through ex ante regulation, an operator shall be considered to have significant market power under this Act if it has, either alone or jointly with other operators, in a specific market for public communications networks or public communications services (hereinafter: the relevant market) a position equivalent to a dominant position, i.e. such an economic influence as to enable it to exercise significant autonomy vis-à-vis competitors, users and consumers. In determining the relevant market, the technological specifics of networks of different capacities (e.g. copper, optics) shall also be taken into account. (2) Where two or more operators operate in a market whose structure promotes coordinated effects, they may be regarded as having a common dominant position within the meaning of the preceding paragraph, even where there are no structural or other links between them. (3) Where an operator has significant market power in a relevant market (first market), that operator may also be designated as having significant market power in a market closely related to the first market (second market), provided that the links between the two markets allow market power to be transferred from the first to the second market, thereby strengthening the market power of the operator. In the second market, measures to prevent such a transfer of market power may therefore be applied in accordance with Articles 149, 150, 151 and 154 of this Act, but if these are not sufficient, the measures referred to in Article 157 of this Act may be imposed. Article 143 (criteria for assessing dominance) When assessing whether an operator has significant market power in accordance with the first paragraph of the preceding Article, the Agency shall take into account in particular the following non-cumulative criteria: 1. the operator’s market share in the relevant market and the evolution of its market share in the relevant market over a long period of time, 2. barriers to enter the relevant market and impact on potential competition in that market, 3. barriers to expand in the relevant market, 4. absolute and relative size of the operator, 5. absence or low balancing purchasing power, 6. technological and commercial advantages, 7. development of the sales and distribution network, 8. economies of scale or economies of connectivity, 9. degree of vertical integration, 10. degree of differentiation of products and services, 11. access to financial resources; 12. control of infrastructure which cannot be easily duplicated, 13. long-term and sustainable access agreements, 14. contractual relations with other market participants that could constitute a market restriction. Article 144 (criteria for assessing collective dominant position) (1) When assessing a collective dominant position within the meaning of the second paragraph of Article 142 of this Act, the Agency shall determine: 1. whether, from the perspective of operators, the market is sufficiently transparent to enable the coordination of the competitive behaviour of undertakings which remain independent of each other, 2. whether the common coordination policy referred to in the preceding point is sustainable, and 3. whether competitors have sufficient market position and power and whether end-users have sufficient countervailing buyer power to undermine the coordination mechanism referred to in the first point of this paragraph. (2) In the assessment referred to in the preceding paragraph, the Agency shall take into account both the economic coordination mechanism referred to in the preceding paragraph, at the wholesale and retail level and the interaction between the two levels, as well as the market structure, in particular demand elasticity, the number of competitors in the market, market shares, cost structure, technological development, product and service differentiation, integrity of network coverage, profitability and average revenue per user, vertical integration, the development of sales and distribution networks and potential competition. Article 145 (conduct of the Agency in determining significant market power) When determining significant market power and applying the criteria set out in Articles 143 and 144 of this Act, the Agency shall act in accordance with EU law and shall take the utmost account of the European Commission’s guidelines governing market analysis and the determination of significant market power in the field of electronic communications networks and services. In doing so, the Agency shall cooperate with the competition protection authority. Article 146 (determination of relevant markets) (1) In the field of the provision and implementation of electronic communications in accordance with the principles of competition law and in full respect of the relevant European Commission recommendation on relevant markets for products and services in the field of electronic communications and the guidelines referred to in the preceding Article of this Act, the Agency shall determine product, service and geographic markets that are appropriate to the situation in the country in an analysis of the relevant market. In its analysis, the Agency shall take into account the level of infrastructure competition in these areas in accordance with the principles of competition law. In doing so, the Agency shall cooperate with the competition protection authority. If necessary, the Agency may also take into account the data from the records referred to in the first paragraph of Article 15 of this Act and the data on the announcement of the installation of networks referred to in Article 18 of this Act. (2) Where the Agency intends to regulate a market which is not listed in the recommendation referred to in the preceding paragraph by means of a decision referred to in Article 148 of this Act, the Agency must, in accordance with this recommendation, carry out a test of three cumulative criteria for such a market: 1. the presence of high and permanent entry barriers of a structural, legal or regulatory nature, 2. the structure of the market that tends towards inefficient competition within an appropriate timeframe; and 3. the fact that competition law is not sufficient to provide an adequate market response. (3) For the cumulative fulfilment of the criteria referred to in the preceding paragraph, the Agency shall carry out a public consultation for the regulation of such a relevant market in accordance with Article 269 of this Act, cooperation in accordance with Article 280 of this Act and consultation with other regulatory authorities, the European Commission and BEREC in accordance with Articles 274, 275 and 277 of this Act. (4) In the analysis referred to in the first paragraph of this Article, the Agency shall take into account the foreseeable future development of the individual relevant market without imposing the obligations referred to in Article 148 of this Act. In doing so, it shall take into account the following elements: 1. market developments affecting the likelihood of development of effective competition on the relevant market, 2. relevant competitive restrictions at wholesale and retail levels, irrespective of whether the sources of such restrictions are electronic communications networks, electronic communications services or other types of services or programmes that are comparable from the end-user perspective, irrespective of whether the restrictions form part of the relevant market; 3. other types of regulation or measures imposed and affecting a particular relevant market or related retail market or markets throughout the relevant period, including obligations imposed pursuant to Articles 130, 131, 132, 133, 136 and 138 of this Act, and 4. obligations imposed on other relevant markets under this Article. Article 147 (analysis of relevant markets) (1) The Agency shall analyse the markets referred to in the first paragraph of the preceding Article at regular intervals. In so doing, it shall, if deemed appropriate in the circumstances of the case, cooperate with the competent competition protection authority in accordance with Article 280 of this Act. (2) The Agency shall carry out the analysis referred to in the preceding paragraph no later than five years after the adoption of the previous measure relating to that relevant market, or at the reasoned request of the operator, if the operator makes a request within two years of the last analysis carried out. This period may exceptionally be extended for a maximum period of one year, provided that the Agency notifies the proposed extension to the European Commission four months at the latest before the expiry of the five-year period and provided that the European Commission does not object within one month of the notification of the extension. (3) For relevant markets for which the European Commission has not previously been informed, the Agency shall carry out the analysis referred to in the first paragraph of this Article within three years of the adoption of the amended European Commission Recommendation on relevant markets referred to in the first paragraph of the preceding Article. (4) In the analysis referred to in the first paragraph, the Agency shall comply with the provisions of Articles 145 and 146 of this Act and shall follow the guidelines of the European Commission governing market analysis and the determination of significant market power. (5) If the Agency does not complete its analysis of the relevant market within the period referred to in the second and third paragraphs, it may request the assistance of BEREC. With this assistance, the Agency must inform the European Commission of the draft measure in accordance with Articles 274, 275 and 277 of this Act within six months. Article 148 (imposition, amendment, maintenance or cancellation of obligations on SMP operators) (1) If, on the basis of an analysis of the relevant market, the Agency concludes that that market is not sufficiently competitive, it shall designate by decision the operator or operators with significant market power on that market. Before issuing a decision, it may obtain the opinion of the competition protection authority. (2) By means of the decision referred to in the preceding paragraph, the Agency shall impose on the operator with significant market power at least one of the obligations referred to in Articles 149 to 154 or Articles 156 to 162 of this Act. In doing so, the Agency shall respect the principle of proportionality, which shall be duly reasoned in the statement of reasons for its decision. The Agency shall also take into account, where possible, the costs and benefits of the obligations imposed. (3) When imposing the obligations referred to in the preceding paragraph, the Agency shall take into account, where appropriate, the existence of transnational demand referred to in the first paragraph of Article 274 of this Act. In doing so, the Agency shall take utmost account of BEREC guidelines on joint approaches for national regulatory authorities. (4) If the Agency intends to impose on an operator with significant market power by decision an obligation of functional separation referred to in Article 158 of this Act or in compliance with the principle of proportionality, other obligations for operator access or interconnection other than those referred to in the preceding paragraph, it shall be required to submit such a request to the European Commission. The Agency shall comply with the decision of the European Commission on the admissibility of the imposition of obligations. (5) Upon re-designation of a particular operator as an operator with significant market power, the Agency may impose the same or other obligations on that operator and revoke the previous decision. (6) If, on the basis of an analysis of the relevant market, the Agency concludes that that market is sufficiently competitive, it shall not designate any operator as having significant market power. If that market was previously uncompetitive, the Agency must, by means of appropriate decisions, annul all decisions which have designated SMP operators on that market. In that case, the decision shall also lay down an appropriate suspensive period, which may not be less than 15 days. (7) In the event of annulment of decisions pursuant to the preceding paragraph, the Agency shall also repeal all obligations that these operators had as operators with significant market power. (8) Measures that alter the technical details of previously imposed obligations under this Article and do not have a significant impact on the market, and measures that take into account the impact of new market developments, for example in relation to commercial agreements, including investment agreements as referred to in Article 156 of this Act, which affect the dynamics of competition, where market developments are not of such importance as to require a new market analysis in accordance with the preceding Article, may be imposed by the Agency by decision in the administrative procedure on the basis of an analysis of the relevant markets which formed the basis of the obligations previously imposed and taking into account Articles 274 to 277 of this Act. Before issuing a decision, the Agency must seek the opinion of the competition protection authority. (9) Any action under this Article may be carried out by the Agency only on the basis of a prior consultation with the interested public provided for in Article 269 of this Act, in cooperation with the competent competition protection authority pursuant to Article 280 of this Act, as well as with other competent regulatory bodies in the EU Member States, the European Commission and BEREC under the conditions set out in Articles 274 to 277 of this Act. (10) The operative part of a decision taken pursuant to this Article shall be published on the Agency’s website. Final decisions shall be published on the Agency’s website in a form which complies with the prohibition on disclosure of trade secrets and personal data. Article 149 (transparency obligation) (1) The Agency may, by means of the decision referred to in the first paragraph of the preceding Article, order a particular network operator with significant market power to ensure transparency regarding interconnection or operator access by requiring it to disclose certain information relating to interconnection or operator access. (2) In doing so, the Agency may require the operator to publish certain information, such as: 1. accounting information, 2. technical specifications, 3. the characteristics of the network and the envisaged development of that network, 4. conditions of implementation and use, 5. any conditions restricting access to or use of services and applications, in particular as regards the transition from existing infrastructure; and 6. price. (3) The Agency shall specify in this decision which information is to be disclosed, how detailed it should be and how it should be disclosed. (4) The Agency may, in accordance with paragraphs 1, 2 and 3 of this Article, require the network operator referred to in the first paragraph of this Article, which is also subject to the obligation referred to in Article 150 of this Act, to publish a sample offer for interconnection or operator access. This sample offer must be sufficiently elaborated so that other operators wishing for a specific interconnection or operator access service do not have to pay for capacity, which is not strictly necessary for the requested service. This model offer must describe the services offered by the SMP operator in connection with interconnection or operator access, broken down into components in accordance with market needs and associated conditions, including prices. The Agency may also impose an amendment to the sample offer in order to implement the obligations under this Act more effectively, without prejudice to the provisions of the chapter on supervision. (5) Notwithstanding the provision of the third paragraph of this Article, the Agency shall require the network operator referred to in the first paragraph of this Article, to which the obligations referred to in Articles 152 or 153 of this Act are also imposed, in accordance with the first and second paragraphs of this Article, by a separate decision, to publish a sample offer for interconnection or operator access. Where appropriate, the sample offer should also contain key performance indicators and identify appropriate service levels. In doing so, it shall take the utmost account of BEREC guidelines. The Agency may also determine in its decision the contractual penalties to be imposed in the event of a breach of the sample tender. In determining the amount of the contractual penalty, the Agency shall take into account the seriousness of the infringement, the revenues of the network operator and the impact of the infringement on the competitiveness of the relevant market. Article 150 (obligation to ensure equal treatment) (1) The Agency may, by means of the decision referred to in the first paragraph of Article 148 of this Act, impose on a designated network operator with significant market power an obligation to ensure equal treatment in relation to interconnection or operator access. (2) In particular, the imposition of the obligations referred to in the preceding paragraph shall ensure that the operator referred to in the preceding paragraph: 1. ensures equivalent interconnection or operator access conditions under equivalent conditions for other operators providing equivalent services; 2. provides other operators with services and information of the same quality in connection with interconnection or operator access on the same terms as for itself and for its subsidiaries or partnerships; and 3. provides other operators with the same timing and the same conditions, including in terms of prices and quality of service, when supplying access products and services, and provides them through the same systems and procedures as for its subsidiaries or partners. Article 151 (obligation of separation of accounts) (1) In accordance with the regulations governing accounting, the Agency may, by means of a decision referred to in the first paragraph of Article 148 of this Act, require a particular operator of a network with significant market power to keep accounts for certain activities related to interconnection or operator access, separately from accounting records for other activities. This is without prejudice to the act governing the transparency of financial relations and the separate recording of different activities. (2) The Agency shall impose this obligation to monitor compliance with the obligations referred to in the preceding Article or, where necessary in the circumstances of the case, to avoid unjustified cross-subsidisation. It imposes this obligation, in particular, on the vertically integrated operator and may require it to ensure the transparency of its wholesale and internal billing prices. In doing so, it may also determine the form and methodology of accounting management to be used. (3) The network operator referred to in the first paragraph of this Article shall, upon request, provide the Agency with accounting records, including information on revenues received from other customers with which it operates. (4) The Agency may publish information that would contribute to an open and competitive market but must take into account the degree of confidentiality of the data received in accordance with domestic and EU rules relating to commercial secrecy. (5) The Agency may, by means of a general act, further specify how to comply with the obligations laid down in this Article. Article 152 (obligation to allow access to communication facilities) (1) The Agency may, by means of the decision referred to in the first paragraph of Article 148 of this Act, impose an obligation on a specific operator with significant market power to provide access to and sharing of communication facilities such as buildings or access to buildings, cables in buildings, including wiring, antennae, towers and other supporting structures, masts, columns, pipes, ducts, manholes and cabinets, upon a reasoned request. (2) The Agency shall impose the obligations referred to in the preceding paragraph if it finds, on the basis of the market analysis referred to in Article 147 of this Act, that refusal of access or access under inappropriate conditions with similar effect would hinder the development of a sustainable competitive market and would not be in the interest of end-users. (3) The Agency may impose an obligation on an operator with significant market power to provide access in accordance with this Article regardless of whether the assets affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is appropriate and necessary to meet the objectives set out in Articles 258 to 263 of this Act. Article 153 (obligation to allow operator access to and use of specified network capacity) (1) The Agency may, by means of the decision referred to in the first paragraph of Article 148 of this Act, impose an obligation on a particular network operator with significant market power to meet all reasonable requests for operator access to and use of specified network elements and associated facilities. In particular, the Agency shall act where it considers that a denial of operator access or unreasonable conditions having a similar effect would impede the establishment of sufficient market competition at the retail level or would not be in the interest of end-users. In doing so, the Agency may also impose additional conditions to ensure fairness, reasonableness and timeliness of compliance. (2) The Agency may require the network operator referred to in the preceding paragraph, inter alia, to: 1. provide operator access to, and use of, specified network elements or facilities, including unbundled access to the local loop and sub-loop, 2. provide operator access to specified active or virtual network elements and services, 3. negotiate in good faith with operators requesting operator access; 4. not refuse already granted operator access to capacity, 5. provide certain services at the wholesale level in order to resell these services on the retail market; 6. grant open operator access to technical interfaces, protocols or other relevant technologies strictly necessary for the interaction of virtual network services or services, 7. provide a common location or other forms of joint use in accordance with Article 136 of this Act, 8. provide specified services necessary for the interaction of end-to-end services for users, including capabilities for intelligent network services or mobile roaming services, 9. provide operator access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services, 10. interconnect networks or network capacities, 11. provide access to associated services, such as identification, location and presence services. (3) When examining the obligations referred to in the first paragraph of this Article and in particular when assessing how such obligations would be imposed, the Agency shall take into account, in particular, the following factors in proportion to the objectives set out in Articles 258, 259, 260 and 261 of this Act: 1. the technical and economic viability of using or installing competing equipment in view of the speed of market development and the nature and type of interconnection or operator access proposed, including the feasibility of other wholesale market access products such as cable duct access, 2. expected technological developments affecting the design and management of the network, 3. the need to ensure technological neutrality enabling users to design and operate their own networks, 4. the feasibility of the proposed operator access in relation to the capacity available, 5. the initial investment made by the capacity owner, taking into account all public investments and the risks associated with that investment, in particular investments in, and risks associated with, very high capacity networks, 6. the need for long-term protection of competition, particularly in the field of infrastructure, and innovative business models that support sustainable competition, such as models based on co-financing networks, 7. relevant intellectual property rights, where appropriate; and 8. provision of pan-European services. (4) Before imposing the obligations referred to in this Article, the Agency shall examine whether would it not be possible by means of imposition of obligations under the preceding Article in a proportionate manner to promote competition and ensure the protection of the interests of end- users. (5) The Agency may, by means of a general act, further regulate issues arising in the implementation of this Article. In so doing, it may, in particular, lay down the technical or operational access conditions to be met by the beneficiaries or providers in order to ensure the normal operation of the network. Where this includes obligations to comply with specific technical standards or specifications, they shall comply with the requirements set out in Article 267 of this Act. Article 154 (obligation of price control and cost accounting) (1) The Agency may, by means of the decision referred to in the first paragraph of Article 148 of this Act, impose on a particular network operator with significant market power obligations relating to cost recovery and price control, including obligations relating to cost orientation of prices and obligations relating to cost accounting systems, in connection with the provision of a certain type of interconnection or operator access. (2) The Agency shall impose the obligations referred to in the preceding paragraph if, on the basis of the market analysis referred to in Article 147 of this Act, it assesses that the network operator referred to in the preceding paragraph could maintain either excessively high prices or differences that are too low between retail and wholesale prices due to a lack of effective competition, to the detriment of end-users. (3) When imposing the obligations referred to in the first paragraph of this Article in order to encourage investments by network operators, including in next generation networks, in particular very high capacity networks, the Agency shall take into account the investments made by the network operator referred to in the first paragraph of this Article and provide it with a reasonable rate of return on investment in relation to the assets invested, taking into account the risks associated with a particular project for new network investments. (4) The Agency shall not impose the obligations referred to in the first paragraph of this Article if there is a retail price limitation on the operator and the obligations referred to in Articles 149 to 153 of this Act ensure effective and non-discriminatory access. (5) If the Agency imposes on the operator referred to in the first paragraph of this Article an obligation of price control over access to existing network elements, the Agency shall take into account the benefits of predictable and stable wholesale prices in ensuring effective market entry and sufficient incentives to deploy new and upgrade existing networks. (6) Any cost recovery mechanism or pricing methodology prescribed by the Agency should be aimed at promoting the deployment of new and upgrading existing networks, efficiency and sustainable competition and maximising consumer benefits. In doing so, the Agency may also take into account prices available in comparable competitive markets and network operators. (7) If the Agency imposes obligations on the network operator referred to in the first paragraph of this Article as regards cost orientation of prices, the network operator shall demonstrate that the charges are calculated on the basis of costs, including a reasonable rate of return on the investment. In verifying this obligation, the Agency may use cost accounting methods that are independent of those used by the network operator. The Agency may also require the network operator, by decision in the monitoring procedure, to justify its prices and may also require price adjustments. The burden of proof lies with the network operator, who is obliged to comply with this requirement. (8) Where the Agency imposes on the network operator referred to in the first paragraph of this Article the obligation to use a cost accounting system to support price control, the Agency shall at the same time oblige the network operator to make public a description of the cost accounting system showing at least the main categories under which costs are grouped and the rules applicable to the allocation of costs. Compliance with the cost accounting system shall be verified by the Agency or by an approved auditor selected by the Agency at the expense of the operator in accordance with the provisions of the act governing public procurement. The declaration of compliance shall be published on an annual basis.  Article 155 (termination rates) (1) Rates higher than the maximum termination rates laid down in the regulation adopted by the European Commission in accordance with Article 75(1) of Directive (EU) 2018/1972 may not be used in Slovenia for voice termination. (2) If the maximum voice call termination rates are not fixed by the regulation referred to in the preceding paragraph, the Agency may carry out an analysis of the market for voice call termination in accordance with Article 147 of this Act. The Agency may, by means of the decision referred to in the first paragraph of Article 148 of this Act, determine the operator with significant market power in that market and override the cost-oriented termination rates. In doing so, it shall take into account the principles, criteria and parameters set out in Annex III to Directive (EU) 2018/1972. (3) The Agency shall monitor the compliance of termination rates with the regulation referred to in the first paragraph of this Article and shall, in the event of a discrepancy in the supervision procedure, request a change in prices. The Agency shall report annually to the European Commission and BEREC on the implementation of this Article. (4) The Minister shall publish the date of entry into force of the regulation referred to in the first paragraph of this Article in the Official Gazette of the Republic of Slovenia. Article 156 (regulatory treatment of new very high capacity network elements) (1) An operator designated as having significant market power in one or more relevant markets may, in accordance with Article 160 of this Act, offer co-investment commitments to deploy a new very high capacity network to an end-user or a base station composed of optical elements. Co-investment shall cover in particular co-ownership or long-term risk sharing through co- financing or contracts for the acquisition of special rights of a structural nature with another operator. (2) The Agency shall examine the commitments referred to in the preceding paragraph, in particular whether the offer for co-investment fulfils the following conditions: 1. that it is open to all operators during the period of operation of the network; 2. that it enables other co-investors to compete effectively and sustainably in the long term in the downstream markets in which the SMP operator operates, under conditions including: — fair, reasonable and non-discriminatory conditions allowing access to the full capacity of the network insofar as the network is subject to co-investment, — flexibility in the value and timing of the participation of each co-investor, — the possibility of increasing such participation in the future, and — reciprocal rights granted by the co-investor after the installation of the co-financed infrastructure; 3. the operator shall publish the offer in good time, at the latest within the time limits set out in the first paragraph of Article 11 of this Act; when a wholesale operator as referred to in Article 161 of this Act is not exclusively involved, the offer must be published at least six months before the start of the deployment of the new network; 4. for non-co-investment operators, the quality, speed, conditions and reach of end-users from the outset shall be the same as those available prior to deployment, with a gradual adjustment mechanism that maintains incentives to participate in co-investment approved by the Agency in the light of developments in related retail markets; in doing so, the Agency shall take into account that operators may gradually access very high capacity network elements on the basis of transparent and non-discriminatory conditions that adequately reflect the level of risk of individual co-investors in the different phases of deployment and take into account competitive conditions in retail markets; 5. meets at least the criteria set out in Annex IV of Directive (EU) 2018/1972 and is submitted in good faith. (3) If the Agency finds, in accordance with the third and fourth paragraphs of Article 160 of this Act, that the commitment offered meets the conditions set out in the preceding paragraph, it shall make the commitments binding in accordance with the fifth paragraph of Article 160 of this Act. In doing so, the Agency shall not impose any additional obligations under Article 148 of this Act in respect of the elements of the new very high capacity network subject to the commitments if at least one potential co-investor has concluded a co-investment agreement with the SMP operator. (4) Where this is necessary to remedy significant competition problems in specific markets and these problems cannot be solved otherwise, the Agency may, notwithstanding the provision of the preceding paragraph, impose, maintain or amend obligations in accordance with Articles 148 to 154 of this Act, taking into account the eighth paragraph of Article 148 of this Act insofar as it relates to very high capacity networks. The Agency shall duly state in its decision the circumstances which required such a decision. (5) The Agency shall monitor compliance with the conditions set out in the second paragraph of this Article. The Agency may select, at the expense of the operator in accordance with the provisions of the Public Procurement Act, an approved auditor to make an annual statement of compliance. (6) The provisions of this Article shall be without prejudice to the competence of the Agency for the settlement of disputes pursuant to the first paragraph of Article 282 of this Act between operators in relation to an agreement on co-investment that fulfils the conditions set out in the second paragraph of this Article.  Article 157 (obligation to regulate retail services) (1) The Agency may, by means of the decision referred to in the first paragraph of Article 148 of this Act, impose obligations related to the regulation of retail services on a specific operator with significant market power in a given retail market. (2) The Agency may impose the obligations referred to in this Article only if it finds, on the basis of the market analyses referred to in Article 147 of this Act, that the relevant market intended for end-users is not sufficiently competitive and the obligations under Articles 149 to 154 inclusive of this Act would not achieve the objectives it pursues in the market. The obligations set out in this Article may include the prohibition of: 1. overcharging, 2. hindering entry into the market, 3. restriction of competition by under-pricing, 4. giving undue advantage to specific end-users, 5. unjustifiably grouping of certain services. (3) The Agency may, at the same time as imposing obligations under this Article, prescribe one of the following methods: 1. method of a price cap on retail prices, 2. method of regulating individual tariffs, 3. method of cost orientation of prices, 4. method of focusing on prices in comparable markets. (4) In complying with the obligations under this Article relating to retail tariff regulation or other appropriate retail supervision, the operator referred to in the first paragraph of this Article shall apply the necessary and appropriate cost accounting system established by the Agency in the decision referred to in the first paragraph of this Article. In doing so, the Agency may determine the form and methodology of accounting management to be used by that operator. Compliance with cost accounting shall be verified by an approved auditor in accordance with the act governing auditing. The Agency shall publish declarations of compliance annually. Article 158 (functional separation) (1) Where the Agency finds that the relevant obligations referred to in Articles 149 to 154 of this Act have failed to achieve effective competition and that there are significant and persistent competition problems or market failures identified in relation to the provision of operator access, the Agency may, by way of the decision referred to in the first paragraph of Article 148 of this Act, exceptionally impose an obligation on the vertically integrated operator to transfer the activities related to the provision of operator access to a business unit that operates independently. That business unit shall provide operator access to all operators, including other business units in the vertically integrated operator, according to the same timetable and under the same conditions, including in terms of prices and quality of service, and according to the same systems and procedures. (2) Where the Agency intends to impose an obligation of functional separation under the first paragraph of this Article, it may do so only in accordance with the procedure laid down in the fourth paragraph of Article 148 of this Act. To this end, it must submit a proposal to the European Commission which includes: 1. evidence substantiating the Agency’s findings, 2. a reasoned assessment that there is little or no prospect of effective and sustainable infrastructure competition within a reasonable period of time, 3. an analysis of the expected impact of market regulation on the undertaking, including an analysis of the impact on the employees of the independent establishment and an analysis of the impact on the entire electronic communications sector, as well as incentives for investment in the whole sector, taking into account, in particular, the need to ensure social and territorial cohesion, as well as other interested parties, particularly with regard to competition and possible effects on consumers, 4. an analysis of the reasons justifying that the obligation of functional separation is the most effective measure to implement solutions designed to address competition problems or market failures. (3) The proposed measure must contain the following elements: 1. the precise nature and degree of separation, and in particular a detailed description of the legal status of the separate establishment, 2. the identification of the assets of the separate business unit and of the products or services it will provide; 3. management arrangements to ensure the independence of staff employed in the separate business unit and an appropriate system of incentives for them, 4. rules to ensure compliance, 5. rules to ensure the transparency of operational procedures, in particular for other interested parties, 6. a programme to monitor the work to ensure compliance, including the publication of an annual report. (4) After obtaining the consent of the European Commission referred to in the fourth paragraph of Article 148 of this Act, the Agency shall carry out a coordinated analysis of the relevant markets related to the access network in accordance with the procedure laid down in Article 147 of this Act. Subject to Article 148(5) of this Act, the Agency shall, on the basis of its assessment, impose, maintain, amend or withdraw obligations. (5) For any relevant market referred to in Article 146 of this Act, which it designated as having significant market power in accordance with Article 148 of this Act, the Agency may also impose on an operator subject to functional separation any other obligation referred to in Articles 149 to 154 inclusive of this Act or any other obligation referred to in the fourth paragraph of Article 148 of this Act. Article 159 (voluntary separation of the vertically integrated operator) (1) An operator that has been designated as having significant market power in one or more relevant markets shall notify the Agency at least three months in advance of a planned voluntary transfer of all or a substantial part of its local access network assets to another legal entity with another owner or the establishment of another business unit that would provide all retail providers, including the operator’s own retail business units with equivalent forms of operator access under the same conditions. Operators shall also inform the Agency of the change in this intention and the final outcome of the voluntary separation procedure. (2) The Agency shall assess the impact of the planned transaction and any commitments offered relating to existing obligations imposed on the operator in accordance with Article 148 of this Act. To that end, the Agency shall, in accordance with Article 147 of this Act, carry out without delay a coordinated analysis of the relevant markets relating to the access network. The Agency shall, on the basis of its assessment, impose, maintain, amend or withdraw obligations on these relevant markets in accordance with Article 148(8) of this Act, while applying Article 161 of this Act, where appropriate. (3) For any relevant market referred to in Article 147 of this Act, which it has designated as having significant market power in accordance with Article 148 of this Act, the Agency may impose on a legally or operationally separated operator any of the obligations referred to in Articles 149 to 154 inclusive or any other obligation referred to in the fourth paragraph of Article 148 of this Act. Article 160 (acceptance of commitments) (1) An operator designated as having significant market power may offer commitments to the Agency regarding the conditions for operator access or co-investment in relation to its network. Commitments may relate, inter alia, to: 1. cooperation arrangements that are relevant for the assessment of appropriate and proportionate obligations imposed pursuant to Article 148 of this Act, 2. co-investment in very high capacity networks pursuant to Article 156 of this Act, 3. effective and non-discriminatory access in accordance with Article 159 of this Act in the procedure for the voluntary separation of the vertically integrated company as well as after implementation. (2) The commitment offer shall be sufficiently detailed, including the timing and scope of the commitments and the duration of the commitments to enable the Agency to carry out an assessment pursuant to paragraph 3 of this Article. Commitments may be made for a period exceeding the period referred to in Article 147 of this Act. (3) The Agency shall conduct a public consultation on the commitments offered in accordance with Article 269 of this Act. The Agency shall not submit commitments for public consultation if it is evident that they do not meet one or more of the relevant conditions or criteria. The Agency shall assess the commitments referred to in the preceding paragraph, while taking into account in particular: 1. evidence of the fairness and appropriateness of the commitments offered, 2. opening commitments to all operators, 3. the timely availability of access, including very high capacity networks, on fair, reasonable and non-discriminatory terms and conditions prior to the launch of the related retail services, 4. the overall adequacy of the commitments offered to enable sustainable competition in the downstream markets and to facilitate the cooperative deployment and use of very high capacity networks in the interest of end-users. (4) Taking into account the opinions and comments contained in the public consultation referred to in paragraph 3 of this Article, the Agency shall inform the operator that offered the commitments of its preliminary findings as to whether the commitments offered comply with the objectives, criteria and procedures set out in this Article and in Articles 148, 156 and 159 of this Act and shall communicate to it the conditions under which the Agency could make the commitments binding. On the basis of these findings, the operator may modify the offer referred to in the first paragraph of this Article. (5) The Agency may, by decision, make the commitments binding, in whole or in part, for a period which shall not exceed the period for which they were offered. In the case of co- investment commitments, the period for which the commitments are binding shall not be less than seven years. (6) The Agency shall monitor the implementation of the commitments referred to in the preceding paragraph. After the expiry of the period referred to in the preceding paragraph, the Agency shall examine the possibility of extending the period. (7) If the Agency finds that the operator does not comply with the obligations set out in the decision referred to in paragraph 5 of this Article, it may reassess the obligations imposed pursuant to Article 148(8) of this Act.  Article 161 (wholesale operators exclusively) (1) Where an operator that is not present in the retail market for electronic communications services is designated by the Agency as having significant market power in one or more wholesale markets in accordance with Article 147 of this Act, it shall first verify whether the operator fulfils the following conditions: 1. all its subsidiaries and establishments, all companies controlled but not necessarily wholly owned by the same ultimate owner, and all shareholders who are able to exercise control over the operator, carry out or plan to conduct activities exclusively on the wholesale markets for electronic communications services and therefore do not operate in any retail market for electronic communications services provided to end-users in the EU, 2. they are not bound by a single and separate downstream undertaking active in the retail market for electronic communications services provided to end-users by virtue of an exclusive agreement or agreement which constitutes an exclusive agreement. (2) The Agency may impose the obligations referred to in Articles 150 and 153 of this Act on the operator referred to in the preceding paragraph, provided that the conditions set out in the preceding paragraph are met and this is justified on the basis of a market analysis, including a future assessment of the likely behaviour of the SMP operator. (3) The Agency shall, of its own initiative, review the obligations imposed under this Article if it finds that the conditions set out in the first paragraph of this Article are no longer met and shall apply the provisions of Articles 147 to 154 of this Act. (4) The operator shall inform the Agency of any change in the circumstances referred to in the first paragraph of this Article without undue delay. (5) The Agency shall review the obligations imposed on the SMP operator under this Article if it finds, on the basis of evidence related to the conditions offered by the operator to its downstream customers, that competitive problems have arisen or are likely to arise to the detriment of end-users which require one or more of the obligations referred to in Articles 149, 151, 152 or 154 of this Act to be imposed or to amend obligations imposed pursuant to paragraph 2 of this Article. (6) The Agency shall impose obligations and review them in accordance with this Article while observing Article 148(9) of this Act. Article 162 (transition from existing infrastructure) (1) An operator that has been designated as having significant market power in one or more relevant markets shall inform the Agency in writing before the intended abandonment of the network or the replacement of parts of the network by new infrastructure, including existing infrastructure necessary for the operation of the copper network, which is subject to the obligations laid down in Articles 148 to 161 of this Act. (2) The Agency shall, by decision, impose measures on the operator with significant market power referred to in the preceding paragraph to ensure that the procedure for terminating or replacing the network includes a transparent timetable and conditions, including an appropriate deadline for the notification of the transition, and determine the availability of alternative products of at least comparable quality providing access to the upgraded network infrastructure which replaces the abandoned elements, if this is necessary to protect competition and end- users’ rights. (3) Subject to the eighth paragraph of Article 148 of this Act, the Agency may repeal or amend the obligations imposed if the operator: 1. sets appropriate conditions for the transition, including the provision of an alternative access product of a quality at least comparable to that available when using the existing infrastructure and enabling access to interested parties to reach the same end-users, and 2. has followed the conditions and procedure, which it has notified to the Agency in accordance with this Article. (4) The provisions of this Article shall be without prejudice to the availability of regulated products imposed by the Agency on upgraded network infrastructure in accordance with Articles 147 and 148 of this Act. Article 163 (procedure for the identification of international markets) (1) The Agency may, together with at least one other national regulatory authority, request BEREC to carry out an analysis of a potential international market. The request must be reasoned and accompanied by appropriate supporting documents. (2) The analysis of international markets established by the European Commission in accordance with Article 65(1) of Directive (EU) 2018/1972 shall be carried out by the Agency together with the national regulatory authorities from other EU Member States covered by this international market. (3) The imposition, amendment, maintenance or repeal of obligations on operators with significant market power on international markets is decided by the Agency together with the other national regulatory authorities in the EU Member States covered by this international market. In doing so, the Agency shall take utmost account of the guidelines referred to in Article 145 of this Act. The Agency shall, together with other national regulatory authorities, communicate to the European Commission draft measures relating to the analysis of the markets and decisions issued in accordance with Articles 274, 275, 276 and 277 of this Act. (4) The Agency may, together with at least one other national regulatory authority, carry out a market analysis and decide to impose, amend, maintain or repeal obligations on operators with significant market power even in the absence of international markets, provided that the market conditions in the Member States concerned are sufficiently homogeneous.  Article 164 (supervision) The Agency shall, within the limits of its powers, supervise the application of the provisions of this Act on ensuring competition and the fulfilment of the obligations imposed by decision on the basis of the provisions of this Chapter. X. UNIVERSAL SERVICE AND ADDITIONAL MANDATORY SERVICES Article 165 (the concept of end-user) For the purposes of this Chapter, end-user means a consumer, a micro-company, a small and medium-sized company in accordance with the act governing companies, and a non-profit organisation as defined in the act governing non-governmental organisations. Article 166 (universal service) (1) Universal service is the minimum set of services of a certain quality that is accessible to all end-users in the Republic of Slovenia at an affordable price regardless of their geographical location. (2) The universal service shall provide connection to the public communications network at a fixed location at a reasonable request by the end-user through which access to voice communications service and adequate broadband internet access with transmission speed, as defined in the general act referred to in Article 180 of this Act, is provided. Universal service includes the provision of, and access to, the universal directory and the universal service for the provision of subscriber information in accordance with Article 205 of this Act. (3) The reasonable request of the end-user referred to in the preceding paragraph shall include connection in one location where the end-user actually resides or effectively carries out their activity. Connection can be done using wired or wireless technologies. Where an end-user has the possibility of alternative access to services from the universal service set at an affordable price in the market, it shall not be able to request such services from the universal service provider under the terms of this Chapter. (4) The prices of an individual service provided as a universal service must be the same for each universal service provider throughout the territory of the Republic of Slovenia. The price should be the same regardless of whether the connection is made using wired or wireless technologies. (5) The quality of the universal service must not deviate from the quality offered by the provider for other comparable services. (6) An end-user may require the universal service provider to provide access only to voice communications services or only adequate broadband internet access by means of a network connection referred to in paragraph 2 of this Article. Article 167 (Universal Directory and Universal Directory Service) (1) The Universal Directory must contain at least the data referred to in points 1 to 4 of the first paragraph of Article 215 of this Act, with the exception of information on the part of the building referred to in point 2 of this Act, about all subscribers of publicly available interpersonal communications services based on a number, who have given their prior consent in accordance with Article 217 of this Act. The Universal Directory can be printed or electronic. (2) The Universal Directory enquiry service, to which all end-users must have access at an affordable price, must provide data on all subscribers included in the Universal Directory. (3) The data contained in the Universal Directory must be updated regularly, or at least once a year, taking into account the manner in which it is issued. However, the data provided by the universal directory service must be renewed at least once a month. A universal service provider providing a Universal Directory or a universal directory enquiry service shall immediately inform the Agency if another provider of publicly available number-based interpersonal communications services fails to communicate to it the data referred to in the first paragraph of this Article. (4) A universal service provider providing a Universal Directory or a universal directory enquiry service shall not treat differently data obtained from different providers of publicly available number-based interpersonal communications services. (5) The universal service provider referred to in the preceding paragraph shall not charge providers of publicly available number-based interpersonal communications services for the publication of data on their subscribers in the Universal Directory and the use of such data in the universal directory service. Article 168 (availability of universal service) (1) The universal service referred to in Article 166 of this Act must be provided to all end-users in the territory of the Republic of Slovenia. (2) The Agency may designate one or more universal service providers where, on the basis of an analysis of the situation and prior consultation with the interested public, the Agency considers that the services referred to in the second paragraph of the preceding Article cannot be provided in the territory of the Republic of Slovenia or parts thereof in normal commercial circumstances or through the use of public means. As part of the analysis of the situation, the Agency shall also take into account the data from the records referred to in the first paragraph of Article 15 of this Act and the data on the announcement of the installation of networks referred to in Article 18 of this Act. The Agency may designate different universal service providers to provide different parts of the universal service or to cover different parts of the territory of the Republic of Slovenia. (3) If, on the basis of an analysis of the situation and consultation with the interested public referred to in the preceding paragraph, the Agency concludes that it is not necessary to designate a universal service provider for a particular part of the universal service or to cover a particular part of the territory of the Republic of Slovenia, it shall check at regular intervals, which may not exceed three years, whether the designation of a universal service provider is still unnecessary. Article 169 (designation of the universal service provider) (1) Unless otherwise provided for in this Chapter of this Act, the Agency shall designate the universal service provider by decision for a period of five years on the basis of the application mutatis mutandis of the provisions of Chapter V of this Act, which governs the invitation to tender. (2) The subject of the invitation to tender is the provision of various services covered by the universal service or the provision of universal service in a specific area or in the entire territory of the Republic of Slovenia. (3) When establishing the criteria for selecting the universal service provider, the Agency shall take into account the objectives of reliability, quality and cost-effectiveness of the provision of the universal service. (4) If the invitation to tender fails, the Agency shall designate as the universal service provider the operator which has: 1. in the area of access to a public communications network with associated infrastructure, the maximum coverage, or 2. the highest number of subscribers to public communications services at a fixed location, or 3. maximum subscribers to publicly available internet access services at speeds as defined by the general act referred to in Article 180 of this Act. (5) The Agency shall comply with the principles of effectiveness, objectivity, transparency and non-discrimination in procedures under this Article. (6) At least six months before the expiry of the decision referred to in the first paragraph of this Article, the Agency shall establish, on the basis of data on the provision of the universal service, whether the universal availability of facilities and services covered by the universal service is such that the universal service provider needs to be re-determined while taking into account the opinion of the public concerned. (7) The Agency shall inform the European Commission of the universal service obligations imposed on the universal service provider or providers referred to in the first paragraph of this Article.  Article 170 (transmission of local access network) (1) Prior to the intended transfer of all or a substantial part of its local access network assets to another legal entity, the universal service provider shall inform the Agency in writing with the other owner. (2) The Agency shall assess the effects of the intended transmission on the provision of adequate broadband internet access and voice communications services at a fixed location in accordance with the second paragraph of Article 166 of this Act. On the basis of its assessment, the Agency may by decision impose, amend or repeal universal service obligations. If, as a result of the transfer, it is necessary to re-determine the universal service provider in a given area or throughout the territory of the Republic of Slovenia, the Agency shall apply the procedure laid down in the preceding Article. Article 171 (compensation of the net cost of providing universal service) (1) The universal service provider may apply for compensation for the net costs of providing the universal service referred to in the second paragraph of Article 166 of this Act. (2) The net costs of providing universal service shall be calculated as the difference between the net costs of the selected provider if it operates with and without universal service obligations, taking into account the benefits it has from the provision of the universal service, including intangible benefits. The Agency shall specify in a general act the method of calculating the net costs and intangible benefits to be taken into account in calculating the net costs of providing the universal service. In doing so, it must take into account the defined starting points set out in EU legislation governing universal service. (3) The universal service provider shall send the Agency, within 90 days of the end of the financial year, the accounting records and the information serving as the basis for the calculation of the net costs of providing the universal service. Otherwise, it loses the right to claim the net costs. (4) The Agency or the auditor selected by the Agency at the expense of the universal service provider in accordance with the provisions of the act governing public procurement shall audit or verify the accounts and the information referred to in the preceding paragraph. (5) The Agency shall assess whether the provision of the universal service may constitute an unjustified burden for the universal service provider. In this case, it shall calculate the net costs of providing the universal service. If the universal service provider has been selected by means of a public tender, the Agency shall take into account in the calculation the costs of providing the universal service offered by the universal service provider in the tender procedure. The Agency shall take account of costs other than those offered by the service provider in the invitation to tender only where there has been a change in the conditions taken into account in the invitation to tender and where the universal service provider demonstrates the justification of derogations on an objective and transparent basis. The Agency shall publish the results of the cost calculation and the results of the revision of the data submitted by the universal service provider. (6) If, on the basis of the calculation of the net cost of providing the universal service, the Agency finds that they indeed constitute an unjustified burden, the Agency shall, by decision, determine the amount of the compensation, which may not exceed the net costs calculated. (7) On the basis of its request and under the conditions laid down in this Article, the universal service provider shall be compensated for the provision of the universal service from a compensation fund set up and managed by the Agency in this case. Article 172 (compensation fund and its operation) (1) The compensation fund referred to in the seventh paragraph of the preceding Article shall be set up by the Agency by opening a separate bank account and keeping separate accounting records for it. (2) All operators operating in the territory of the Republic of Slovenia shall contribute to the compensation fund referred to in the preceding paragraph with an annual income from the provision of public communications networks or the provision of public communications services in excess of EUR 2 million, with the exception of providers of number-independent interpersonal communications services. (3) The amount of the contribution for each operator shall be determined by the Agency on the basis of the share of its revenue from the provision of public communications networks or the provision of public communications services in relation to revenue from the provision of public communications networks and the provision of public communications services by all operators referred to in the preceding paragraph in the territory of the Republic of Slovenia. (4) A universal service provider whose calculated contribution to the compensation fund is less than the calculated compensation for the provision of universal service obligations shall not contribute to the compensation fund. As compensation, only the difference between the calculated compensation and the calculated contribution shall be paid. (5) The entities referred to in the second paragraph of this Article shall contribute the calculated obligation to the compensation fund on the basis of a decision of the Agency. The Agency shall also set in its decision a payment deadline which may not be less than 30 days. (6) By 31 March of each year, operators shall inform the Agency of the amount of revenue they earned in the previous year from the provision of public communications networks and the provision of public communications services. If the operator fails to do so by this deadline, the Agency shall take into account as revenue, as referred to in the second paragraph of this Article, the total revenue of the operator from the previous year, obtained from the data of the Agency of the Republic of Slovenia for Public Legal Records and Services. (7) If the Agency has reasonable grounds to suspect the veracity of the data reported by the operator, it may review the data and estimate the revenue in view of the scale and complexity, or this may be done in an appropriate and proportionate way by an auditor chosen by the Agency in accordance with the provisions of the act governing public procurement. The costs of the assessment shall be borne by the operator. If the estimated revenue deviates significantly from the reported revenue referred to in the preceding paragraph, the Agency shall take into account the estimated revenue in its calculation. (8) The information on the compensation of the net costs of providing the universal service, the way in which they are allocated and used, and the works financed shall be public. To that end, the Agency shall publish an annual report on the compensation of the net cost of providing the universal service, the calculated net costs, the intangible benefits taken into account in the calculation of the net costs and the contributions paid. Article 173 (ensuring the affordability of universal service) (1) The Agency shall monitor the development and the level of retail prices of the services referred to in the second paragraph of Article 166 of this Act. In doing so, it shall cooperate with other authorities responsible for monitoring market developments and price levels. (2) The prices of individual services provided as a universal service and the associated conditions must be made public, transparent and non-discriminatory. (3) On the basis of the data collected as referred to in the first paragraph of this Article, the Agency shall, by decision, require service providers referred to in Article 166(2) of this Act operating in the territory of the Republic of Slovenia to offer price options or packages for consumers with low incomes or special needs that are different from those otherwise provided under normal commercial conditions, so that access to the network and the use of the services referred to in the second paragraph of Article 163 of this Act are not prevented. This requirement is made when it finds, on the basis of the data collected, that the prices referred to in the first paragraph of this Article are too high in relation to the average monthly salary in the Republic of Slovenia, as published by the Statistical Office of the Republic of Slovenia, and if they increase by more than five percentage points faster than the cost of living index in the previous year. The Agency shall lay down, by means of a general act, the manner in which those criteria are to be taken into account. (4) The Agency may, by decision of the Agency, exempt the service provider referred to in the second paragraph of Article 166 of this Act from the obligation referred to in the preceding paragraph if the service provider proves that imposing an obligation on them would be an excessive administrative or financial burden. (5) The service providers referred to in the third paragraph of this Article shall regularly inform the Agency of the details of price options and packages. If the terms and conditions of offering price options and packages do not comply with paragraph 3 of this Article or are not transparent and made public, the Agency may require that such price options or packages be amended or cancelled. In doing so, the Agency shall cooperate with other authorities responsible for monitoring market developments and price levels. (6) The difference between the commercial price of the services referred to in the second paragraph of Article 166 of this Act and the price to which consumers with low income and special needs are entitled in accordance with the third paragraph of this Article shall be reimbursed to the providers of services referred to in the third paragraph of this Article by the ministry responsible for social affairs. Article 174 (beneficiaries of special price options and packages) (1) Beneficiaries of special price options or packages referred to in the third paragraph of the preceding Article shall be: 1. recipients of cash social assistance or income support under the act governing social security benefits, 2. recipients of the attendance allowance in accordance with the applicable regulations, 3. persons with one of the following defects (at least 80 % physical impairment due to loss of vision, at least 60 % physical impairment due to hearing loss, or at least 80 % physical impairment due to the sum of all physical defects, one of which should be at least 70 %). (2) The entitlement referred to in the first and second points of the preceding paragraph shall be established by a final decision of the authority establishing entitlement to social assistance, income support or attendance allowance. (3) The eligibility referred to in the third point of the first paragraph of this Article shall be demonstrated by a decision or opinion of a competent expert body. (4) The legal representative, guardian or foster parent of a child with special needs shall also be considered to be the beneficiary referred to in the third paragraph of the preceding Article. Eligibility shall be evidenced by the documents referred to in the preceding paragraphs of this Article. Article 175 (measures for disabled users) (1) Disabled end-users shall be entitled to customised terminal equipment that effectively allows disabled end-users to use and access the services referred to in Article 166(2) of this Act on an equal basis with other end-users, including equivalent access to emergency services in accordance with the regulation governing technical facilities for disabled users. (2) By means of a decree, the Government shall, on a coordinated proposal from the Minister and the minister responsible for disability protection, lay down other measures to ensure that end-users with disabilities enjoy an equivalent use and access to the services referred to in Article 166(2) of this Act as other end-users, including equivalent access to emergency services. Funding for measures shall be provided from the state budget.  Article 176 (supervision of costs) (1) The service provider referred to in the third paragraph of Article 173 of this Act shall set the prices and general conditions in such a way that customers of a service provided as a universal service are not required to pay for facilities or services which are not required or required for that service. (2) The service provider referred to in the preceding paragraph shall provide its customers with the following means of controlling costs: 1. the breakdown of the account in accordance with Article 177 of this Act, 2. selective blocking of outgoing calls or premium SMS or MMS or, where technically possible, other types of similar applications to prevent calls or premium SMS or MMS or, where technically possible, other types of similar applications of a particular type or calls to a particular type of number, 3. if the subscriber so requests, a pre-paid system for payment of access to a public communications network and the use of voice communications services or internet access services for consumers, 4. phased payment of connection fees for the public communications network, 5. provides information on other low-cost tariffs at the request of the subscriber, if available, 6. other means of controlling expenditure for voice communications services or internet access services, including free warnings in the event of unusual and excessive consumption patterns, provided that they are determined by the Agency in the decision referred to in the third paragraph of Article 173 of this Act, 7. a mechanism that allows end-users to deactivate the possibility for a third party service provider to issue an invoice for its products or services on the basis of the invoice of the provider providing the internet access service or the provider of publicly available interpersonal communications services. Article 177 (obligation to issue a breakdown of the invoice) (1) The service provider referred to in the third paragraph of Article 173 of this Act must make available to subscribers with whom it has a subscription arrangement a level of breakdown of the invoice sufficient to enable them to verify and control the use and the amount charged (basic rate of invoice breakdown). This breakdown should not include calls to freephone numbers, including emergency communications numbers. (2) The basic invoice breakdown rate shall be sent to subscribers free of charge and at the time of issue of each invoice, unless the subscriber informs the service provider that it does not wish to receive the breakdown of the invoice. (3) The Agency may, by means of a general act, provide for a minimum set of elements to be specified separately in the basic level of the breakdown of the invoice. (4) The itemised invoices shall explicitly indicate the identity of the supplier and the duration of the service charged by the providers of premium services to the end-user, unless the end-user requests that this information be omitted. (5) The provider of services referred to in this Article shall comply with the provisions of the fourth and fifth paragraphs of Article 207 of this Act in respect of the protection of the privacy of called users and called subscribers when issuing an itemised invoice. (6) The service provider shall send the invoice electronically to the customer, unless the subscriber requests a paper invoice. The issue of a paper invoice at the customer’s request is free of charge for the client. Article 178 (limitation or disconnection for reasons on the part of the subscriber) (1) The universal service provider referred to in the third paragraph of Article 173 of this Act may restrict access to its services or disconnect the subscriber and terminate the subscription contract only if the latter has not fulfilled the obligations due or has breached other conditions laid down in the subscription contract. The service provider must specify in the general terms and conditions which action is to be taken in respect of certain infringements and the time limit within which it is to be carried out. The measure chosen and the time limit must be proportionate to those infringements and non-discriminatory. (2) In the event of a breach, the service provider must send a reliable warning to the subscriber indicating a reasonable period within which the subscriber must end the infringements or settle its obligations and the action to be taken by the operator if, even after the expiry of that period, the subscriber does not end the infringements or fails to settle its obligations. (3) Notwithstanding the provisions of the preceding paragraph, the service provider shall not be required to notify the subscriber beforehand of the implementation of the measure if the breach constitutes an immediate and serious threat to public order, public security or public health and if such a measure is provided for in the general conditions. Under no circumstances should non-payment of invoices be regarded as an infringement which would require the implementation of the measure without prior notification. (4) Where technically possible, the service provider shall restrict access only to those services in respect of which the user is in breach of the subscription contract, except in the case of abuse, repeated late payment of invoices or repeated non-payment of invoices. The service provider shall bear the burden of proving technical incapacity. The service provider may not restrict access to and use of the single European emergency call number 112, police call number 113 and the single European hotline for missing children 116 000 and access to the Internet with a transmission speed of at least 30 per cent of the transmission speed referred to in the first paragraph of Article 180 of this Act. (5) Where a service provider also provides a subscriber with goods and services other than electronic communications services, it shall not restrict the subscriber’s access to electronic communications services due to the non-payment of those goods or services. Article 179 (quality of universal service) (1) The Agency shall, by means of a general act, prescribe the quality of the universal service by specifying, in particular, the quality parameters, their thresholds and the methods for measuring those parameters. (2) In the general act referred to in the preceding paragraph, the Agency shall also prescribe the content, form, manner and frequency of publication of data on the quality of universal service. (3) Universal service providers must send the data on the quality of the universal service, including any changes thereto, to the Agency. (4) The Agency shall monitor the quality of the universal service and may act in accordance with the procedure set out in Article 290 of this Act. (5) If the Agency has reasonable grounds to suspect the veracity of the data referred to in the third paragraph of this Article, the Agency may, ex officio, order an independent audit or a similar review of the data on the quality of universal service provision at the expense of the designated universal service provider. (6) If the measured values of the quality parameters of a given universal service provider do not meet the thresholds at least three consecutive times, the Agency may initiate a procedure for selecting a new universal service provider. Article 180 (transmission speed) (1) The Agency shall, by means of a general act, determine the transfer speed appropriate for broadband internet access enabling end-users to participate socially and economically in society, and the time limit within which it is to be achieved, which shall not exceed two years. In doing so, the Agency shall take into account the situation in the Republic of Slovenia and the minimum bandwidth available to most end-users and the BEREC report on best practices. (2) The transfer speed referred to in the preceding paragraph shall allow the use of the following services: 1. e-mails, 2. search engines that enable search of all kinds of information, 3. core online training and education tools, 4. online newspapers or news, 5. buying or ordering goods or services online, 6. job searches and job-search tools, 7. professional networking, 8. online banking, 9. eGovernment service, 10. social media and immediate communication, 11. calls and video calls of standard quality. (3) After the expiry of the period laid down in the general act referred to in the first paragraph of this Article, the Agency shall re-examine the circumstances which led to the fixing of the transfer speed and, if necessary, set a new transfer speed by means of a general act. Article 181 (additional mandatory services) (1) The Government may, by decree, determine additional services which are publicly available throughout the territory of the Republic of Slovenia in addition to the services referred to in Article 166(2) of this Act, and their quality, taking into account the development of electronic communications, the existing offer of public communications services on the market, the development strategy of the country as a whole and the interests of end-users. (2) If an additional service is not publicly available in a specific territory of the Republic of Slovenia or is not provided in accordance with the prescribed quality, a provider of an additional service is selected for that area. (3) The provider of the additional service shall be designated by the Agency by decision on the basis of a public tender, applying mutatis mutandis the provisions of Chapter V of this Act and taking into account the principles of effectiveness, objectivity and transparency. The subject of the public tender is the provision of an additional service in a certain area of the Republic of Slovenia. The selection shall take into account, in particular, the ability to provide the additional service and the cost of providing the additional service. (4) The selected provider of the additional service must provide this service in a cost-effective manner and under equal conditions for all users. (5) Neither Article 172 of this Act, nor any other compensation mechanism that would include contributions from operators in the Republic of Slovenia, shall apply to the financing of additional services. If Article 171 of this Act is applied mutatis mutandis, compensation for any net costs of providing the mandatory additional service shall be financed by the Ministry.  Article 182 (supervision) The Agency shall supervise the implementation of the provisions of this Chapter and the obligations it imposes thereon. XI. USER RIGHTS Article 183 (prohibition of discrimination) The contractual conditions and requirements of an operator for access to or use of a network or services shall not contain discriminatory clauses based on the end-user’s nationality, place of residence or place of establishment, unless differentiation is objectively justified. Article 184 (restrictions of access to and use of services and applications) (1) The access to and use of services and applications provided on electronic communications networks may be withdrawn or restricted by the court itself in specific criminal proceedings, in compliance with the principle of proportionality and in accordance with the law governing criminal proceedings. (2) The provision of the preceding paragraph shall be without prejudice to the rights of the operator to restrict access to or use of its services or applications for other reasons under the conditions laid down in this Act. Article 185 (persons liable) (1) Apart from the provisions of the preceding Articles, the provisions of this Chapter shall not apply to operators which are micro-enterprises, as defined by the act governing companies, provided that they only ensure number-independent interpersonal communications services. (2) The operator referred to in the preceding paragraph shall inform the end-users of the exemption referred to in the preceding paragraph before the conclusion of the contract. Article 186 (provision of pre-contractual information) (1) Prior to the conclusion of a public communications service contract, the service provider shall provide the consumer with the information required by the act governing consumer protection, including the provisions relating to the conclusion of distance or off-premises contracts of the service provider, if the contract is concluded in such a way, as well as information on: 1. any guaranteed minimum level of quality of service or, if failing to provide that, an appropriate statement, 2. any specific quality parameters for services other than internet access services, 3. if and to the extent possible, connection and subscription fees and service prices if they are charged by consumption, 4. the duration of the contract and the conditions for its renewal in the absence of a contract of indefinite duration, 5. the binding time necessary for the contracting authority to be able to apply the terms of the special tender, 6. any payments made by the subscriber in the event of termination of the contract, including any payments due as a result of early termination of the contract, 7. any payments for costs related to the return of terminal equipment, including information on unlocking the terminal equipment and any reimbursement of costs related to terminal equipment, 8. compensation in the event of delays in number porting or misuse of switching, and information on the procedures involved, 9. the right of a consumer using prepaid services to claim reimbursement of the remaining balance in accordance with Article 196(5) of this Act in the event of a change of service provider, 10. the consumer’s rights to compensation and reimbursement in the event that the quality of service levels set out in the contract are not met or if the provider reacts inadequately to a security incident, threat or vulnerability; and 11. in the event of security incidents or network threats or vulnerabilities. (2) In addition to the information referred to in the preceding paragraph, the provider of internet access services or publicly available interpersonal communications services shall provide the consumer with information on: 1. Latency, jitter and loss of packages in internet access services, 2. time of initial connection, probability of error and delay of call signalling, in accordance with Article 199 of this Act, in the case of publicly available interpersonal communications services and if the provider has entered into an appropriate service level agreement with the network operator, 3. any terms and conditions of use of terminal equipment, which shall not prejudice end-users’ rights to use terminal equipment of their choice in accordance with Article 3(1) of Regulation (EU) 2015/2120, 4. any payments related to the use of terminal equipment referred to in the previous point, 5. any specific pricing schemes within or outside the contract, with information on the type of service, the quantities already included in the accounting period (such as MB, minutes, messages) and the prices of additional quantities, 6. the possibility of carrying over unused quantities from the transitional accounting period to the following where, for a given price scheme, such a possibility is provided for in the contract, 7. measures offered to ensure the transparency of accounts and the monitoring of consumption, 8. charges for the use of services or calls to numbers subject to specific pricing conditions (e.g. premium number calls, entertainment services), 9. the prices of individual elements of the package, in the case of bundled services or bundles that include services and terminal equipment, and individual elements of the package (e.g. terminal equipment) to be marketed individually, 10. content, conditions and prices of after-sales services, maintenance and customer service, 11. options and methods of obtaining up-to-date information on all applicable tariffs and maintenance costs, 12. the terms of the termination of the package service contract or the termination of the contract for the individual elements covered by that contract, 13. personal data collected before and during the provision of the service, without prejudice to the obligations laid down in Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119 of 9. 5. 2016, p. 1), 14. products and services intended for disabled end-users and how to obtain up-to-date information in this regard; and 15. method of initiating dispute settlement procedures referred to in Articles 283 and 284 of this Act. (3) In addition to the information referred to in the preceding paragraphs, the provider of publicly available number-based interpersonal communications services shall provide information on: 1. any restrictions on access to intervention services or caller location information due to technical impracticability, in the case of publicly available number-based interpersonal communications services and those services which enable calls to be made to numbers specified in the numbering plan referred to in Article 97 of this Act or from an international numbering plan; and 2. the right of the subscriber to decide whether or not to include their personal data in the directory and the types of such data in the case of publicly available number-based interpersonal communications services. (4) In addition to the information referred to in the first and second paragraphs of this Article, the provider of internet access services shall also provide information on the content referred to in Article 4(1) of Regulation (EU) 2015/2120. (5) The information referred to in the preceding paragraphs shall be provided in a clear and comprehensible manner and on a durable medium as defined in the law governing consumer protection or, where the provision on a durable medium is impracticable, in such a way that the addressee can easily transfer the document containing that information to themselves if it is in digital form. In this case, the service provider must explicitly remind them that this document is available and that it must be transferred to it for the purposes of documentation, future use and unaltered reproduction. (6) At the request of the disabled end-user, the service provider shall provide the information in a form that enables the disabled end-user to access this information, including the possibility of machine reading. (7) The provisions of this Article shall also apply where a contract is concluded with end-users which are micro-enterprises or small companies as defined in the act governing companies or non-profit organisations as defined in the act governing non-governmental organisations, unless they have expressly waived the application of this Article. Micro-enterprises and small companies shall submit to the service provider an extract from the register of the Agency of the Republic of Slovenia for Public Legal Records and Related Services, from which it appears that they meet the criteria for micro-enterprises and small companies set out in the act governing companies. (8) The provisions of this Article shall not apply to the conclusion of contracts for the provision of machine-to-machine transmission services. Article 187 (summary of contract) (1) The providers of public communications services referred to in the preceding Article shall provide the consumer, free of charge, with a concise and easily readable summary of the contract containing the main information referred to in paragraphs 1 to 4 of the preceding Article before the conclusion of the contract. The contract summary must contain at least the following information: 1. name and address or business name and place of establishment of the service provider and contact details for any complaints, 2. the main characteristics of each service offered, 3. prices for the activation of an electronic communications service and the amount of any recurring or consumption-related charges where the service is provided for a direct pecuniary payment, 4. the duration of the subscription contract and the conditions for its renewal, as well as the conditions of termination of the subscription contract, 5. an indication of the extent to which products and services are designed for disabled end- users, and 6. for internet access services, a summary of the information required pursuant to points (d) and (e) referred to in the first paragraph of Article 4 of Regulation (EU) 2015/2120. (2) The contractors referred to in the preceding paragraph must use the contract summary template set out in Commission Implementing Regulation (EU) 2019/2243 of 17 December 2019 establishing a template for the contract summary to be used by providers of publicly available electronic communications services in accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council (OJ L 336 of 30. 12. 2019, p. 274). (3) If, for objective technical reasons, the summary of the contract referred to in the first paragraph of this Article cannot be provided before the conclusion of the contract, the service provider shall provide it to the consumer without undue delay. In such a case, the contract shall take effect once the consumer has confirmed that they have agreed to the contract upon receipt of the summary of the contract. (4) The provisions of this Article shall also apply to the conclusion of distance and off-premises contracts. (5) The provisions of this Article shall also apply where a contract is concluded with end-users which are micro-enterprises or small companies as defined in the law governing commercial companies or non-profit organisations, unless they have expressly waived the application of this Article. Micro-enterprises and small companies shall submit to the service provider an extract from the register of the Agency of the Republic of Slovenia for Public Legal Records and Related Services, from which it appears that they meet the criteria for micro-enterprises and small companies set out in the act governing companies. (6) The provisions of this Article shall not apply in the case of contracts for the provision of machine-to-machine transmission services. Article 188 (subscription contract) (1) A subscription contract for public communications services shall contain, as a minimum, in a clear and comprehensible form, information on the parties to the contract, the service and the conditions for its provision, its price and any other payments made and the duration of the contract. In the case of a subscription contract concluded by a service provider with a pre-paid customer, the data on the parties to the contract shall not include information on the pre-paid customer. (2) The information referred to in Article 186 of this Act and the summary of the contract referred to in the preceding Article shall become an integral part of the subscription contract. Their content shall not be altered unless the parties expressly agree otherwise. Article 189 (package services) (1) If a subscription contract with a subscriber who is a consumer contains, for a package of services or a bundle of services and terminal equipment, at least an internet access service or a publicly available number-based interpersonal communications service, the provisions of Articles 187, 190, 191, 192, 193, 194 and the first to third paragraphs of Article 197 of this Act shall apply mutatis mutandis to all elements of the package, including those to which these provisions would otherwise not apply. (2) The preceding paragraph shall also apply to end-users which are micro-enterprises or small companies as defined in the act governing companies or non-profit organisations, unless they have expressly waived in writing all or some of these provisions. Micro-enterprises and small companies shall submit to the service provider an extract from the register of the Agency of the Republic of Slovenia for Public Legal Records and Related Services, from which it appears that they meet the criteria for micro-enterprises and small companies set out in the act governing companies. Article 190 (duration of the subscription contract and termination thereof) (1) An end-user may conclude a contract with a provider of public communications services for a definite period or an indefinite period. (2) A fixed-term subscription contract may also be concluded with the possibility of automatic renewal. At least 30 days before the contract is automatically renewed, the service provider must inform the subscriber in a clear manner and on a durable medium of the termination of the contractual obligation and the means of terminating the contract. At the same time as the notification, the service provider must advise them on the best price options in relation to the services to which they have subscribed. The service provider shall advise end-users on the best tariffs at least once a year. (3) If the contract is concluded for a fixed period with the option of automatic renewal, the contracting authority may at any time terminate the contract with one month’s notice and without paying any charges after automatic renewal. During the period of notice, the contracting authority must pay the contractor for the services provided. (4) The provisions of this Article shall not apply to number-independent subscription contracts for number-independent interpersonal communications services and to subscription contracts for the provision of machine-to-machine transmission services.  Article 191 (the binding period for subscription contracts) (1) A subscription contract with a subscriber who is a consumer may not provide for an initial commitment period of more than 24 months. (2) The extension of a subscriber contract to additional services or terminal equipment provided or enabled by the same provider of internet access services or publicly available number-based interpersonal communications services shall not extend the period of commitment of the original contract unless the consumer has expressly agreed to do so when ordering additional services or terminal equipment. (3) Irrespective of the minimum binding period, the conditions and procedures for terminating the contract shall not discourage the change of service provider. No administrative charges may be charged to the consumer when switching between subscription packages from the same service provider and termination of the subscription after the expiry of the binding period. (4) The first and second paragraphs of this Article shall not apply to the period during which the contract is concluded by instalments in which, in a separate contract, the consumer has undertaken to pay by instalments exclusively for the setting up of a physical connection, in particular to very high capacity networks. The exemption does not apply to terminal or internet access equipment, such as routers or modems, which is included in an instalment contract. (5) The provisions of this Article shall also apply to subscribers which are micro-enterprises or small companies as defined in the act governing companies and non-profit organisations, unless they have expressly waived the application of the provisions of this Article. Micro- enterprises and small companies shall submit to the service provider an extract from the register of the Agency of the Republic of Slovenia for Public Legal Records and Related Services, from which it appears that they meet the criteria for micro-enterprises and small companies set out in the act governing companies. (6) The provisions of this Article shall not apply to number-independent subscription contracts for number-independent interpersonal communications services and to subscription contracts for the provision of machine-to-machine transmission services. Article 192 (change of contract terms) (1) Any unilateral change to the terms and conditions laid down in the subscription contract must be notified to subscribers by the service provider at least 30 days before the proposed implementation of the changes. In doing so, subscribers shall be informed that they have the right to withdraw from the subscription contract within 60 days of receipt of the notice in the manner set out in the third paragraph of this Article if they do not agree with the proposed amendments. The service provider must give the notification in a clear and comprehensible manner on a durable medium. The Agency may, by means of a general act, prescribe the form and method of publication of the notice. (2) The subscriber shall not have the right to withdraw from the contract referred to in the preceding paragraph if the proposed modification is: — exclusively for the benefit of the end-user, or — purely administrative in nature and without negative consequences for the end-user, or — necessary in order to comply with this Act or any directly applicable EU regulations adopted pursuant to it. (3) If the Client exercises the option of withdrawing from the contract, they are not required to pay any additional costs (e.g. costs of termination of subscription or other administrative costs, contractual penalties, amounts of benefits received or other agreed compensation). (4) The provisions of the preceding paragraph shall not affect and shall be without prejudice to the overdue and unpaid obligations of contracting authorities. (5) Notwithstanding the provision of the third paragraph of this Article, the subscriber shall pay compensation for terminal equipment received at the promotional price and retain it. The service provider shall remove any obstacles to use terminal equipment on the other network at the latest upon payment of a proportionate section of the value of the terminal equipment. The subscriber may decide to return the terminal equipment to the service provider in the state in which it was delivered, taking into account its normal use, and to pay the user fee for the time of use of the terminal equipment and the service provider will refund the purchase price. A subscriber wishing to benefit from the right of withdrawal may in return offer the service provider the opportunity to maintain the subscription in force under the conditions laid down in the existing subscription contract. (6) Where the end-user retains the terminal equipment in the package in force at the time of conclusion of the contract, the compensation referred to in the preceding paragraph shall not exceed its pro rata value calculated on the basis of the value at the time of conclusion of the contract or the remaining part of the payments for the service until the end of the tying period, whichever is the lower. The Agency may, by means of a general act, regulate the methodology for calculating the proportionate section of the value of the terminal equipment received. (7) The provisions of this Article shall not apply to providers of number-independent interpersonal communications services. (8) In the case of contracts for the provision of machine-to-machine transmission services, the provisions of this Article shall apply to consumers, micro-enterprises and small companies as defined in the acts governing companies and non-profit organisations. Micro-enterprises and small companies shall submit to the service provider an extract from the register of the Agency of the Republic of Slovenia for Public Legal Records and Related Services, from which it appears that they meet the criteria for micro-enterprises and small companies set out in the act governing companies.  Article 193 (failure or malfunction of services) (1) Where there is a continuous or often recurring significant discrepancy between the actual performance of an electronic communications service other than an internet access service or a number-independent interpersonal communications service and the level of quality specified in the contract, the subscriber who is the consumer shall inform the service provider of the discrepancy. If within 15 days the provider fails to remedy the discrepancy between the actual performance and the quality level indicated in the contract, the consumer shall have the right to withdraw from the contract under the conditions set out in the third to fifth paragraphs of the preceding Article. (2) If a subscription contract is concluded for a package of services referred to in Article 189 of this Act, the provision of the preceding paragraph shall also apply to the remaining elements of the package. Article 194 (replacement of internet access service provider) (1) Providers of internet access services shall inform their subscribers of relevant information on the change of provider of the internet access service, including information on compensation for the event of delay or abuse. The contractor must provide its subscriber with specific information on the replacement as soon as the latter informs the contractor of their intention to switch to another provider of internet access services. (2) The transferring operator must ensure continuity of service throughout the replacement process unless it demonstrates that this is technically impracticable. The burden of proving technical impracticability lies with the transferring provider. Until the receiving provider allows the subscriber to start operations, the transferring provider shall continue to provide its services to the subscriber under the same conditions. (3) The receiving provider shall ensure that the internet access service is provided as soon as possible on a date and within a time frame as explicitly agreed with the end-user. (4) The interruption of the service during the replacement process shall not exceed one business day. Article 195 (number portability) (1) End-users must be allowed by providers of services based on numbers from the telephone numbering plan referred to in Article 97 of this Act to retain their numbers when changing the service provider in the following cases: 1. for geographical numbers at a specific location, 2. for non-geographic numbers at each location. (2) Notwithstanding the provision of the preceding paragraph, the operator shall not be required to ensure the portability of a number from a network providing services at a fixed location to a mobile network or in the reverse direction. (3) The date of the transfer of the number shall be expressly agreed between the end-user and the receiving provider. The number must be activated on the receiving provider’s network within one working day from the agreed date. (4) Until the number is activated on the receiving provider’s network, the transferring provider must continue to provide services under the same conditions. The interruption of the service shall not exceed one working day. (5) If the number portability process fails, the portable provider shall reactivate the number and related services of the end-user until the transfer has been successfully completed. (6) The provision of number portability is a cost for service providers. The fees charged by service providers in relation to number portability should be cost-oriented. No direct costs are charged to the user in the process of number portability. (7) The end-user may transfer the number to another contractor under the provisions of this Article even after termination of the subscription contract, within a period of at least one month from the date on which the termination takes effect, unless they have waived that right. (8) By 15 January of the current year, the operator shall send the Agency an extract of the total number of all numbers by type and block transmitted to or transferred to other operators, as of 31 December of the previous year, as obtained from the controller of the central database of the transmitted numbers. The operator may also authorise the operator of the central database of the transmitted numbers to transmit data on the numbers transferred to the Agency. Article 196 (procedure to change the provider of internet access services or number portability) (1) The end-user shall initiate a change of internet access provider or number transfer from the receiving operator. The transferring provider must cooperate in good faith with the receiving provider and must not impede the replacement or transfer process. The providers shall not delay the replacement and transfer processes, abuse the procedure and transfer numbers or change end-users without their express consent. (2) Following a successful process of switching the provider of internet access services, the contract between the subscriber and the portable internet access service provider shall automatically be considered terminated. (3) Once the number transfer has been successfully carried out, the contract between the subscriber and the transferring provider in respect of number-based services and the telephone numbering plan shall automatically be considered terminated. As regards any remaining services, the contract shall be deemed terminated only if the subscriber has expressly requested it. (4) A provider who fails to comply with the obligations set out in Articles 194 to 196 of this Act and in the event of delays and abuses in the process of replacement, and if the service is not provided within the agreed deadline or on the agreed date, shall pay the end-user appropriate compensation. (5) In the case of prepaid services, the subscriber who is a consumer may, upon presentation of appropriate evidence indicating a link to a specific number, request a refund of any remaining balance from the transferring provider. The transferring provider may charge administrative costs in connection with the payment only on condition that they have been agreed in advance by means of a contract. In so doing, the amount of these costs shall not exceed the actual costs incurred by the transferring provider in disbursing the balance. (6) The Agency shall, by means of a general act, regulate in more detail the method of replacement and transfer, the amount or method of calculating the compensation and the technical and other requirements for compliance with the provisions of Articles 194 to 196 of this Act in order to ensure the efficiency and simplicity of the process of replacement and transfer. That shall include a requirement, where technically feasible, for the transfer to be carried out remotely, unless otherwise requested by the end-user. The Agency shall also lay down, by means of a general act, measures to ensure the information and protection of end- users in the process of replacement or transfer. Article 197 (transparency and publication of information) (1) The Agency and the authorities responsible for monitoring the functioning of the market shall encourage providers of internet access services and publicly available interpersonal communications services to publish transparent, comparable, relevant information on applicable prices and tariffs, on all payments related to termination of a contract, and on general terms and conditions of access to and use of publicly available electronic communications services for end-users. Such information shall be published in a clear and comprehensible form and kept up to date. (2) The Agency shall ensure that the following information on providers of internet access services or publicly available interpersonal communications services is published: 1. the name or business name and address or place of establishment of the provider, 2. description of the services offered: a) the range of services offered and the main characteristics of each service offered, including minimum service quality levels where offered and restrictions imposed by the provider on the use of the terminal equipment provided, b) tariffs indicating the services offered, including information on communication volumes (such as data usage limits, number of minutes of calls, number of messages) of special tariff schemes and the applicable tariffs for additional communication units, numbers or services subject to specific pricing conditions, access and maintenance charges, types of usage charges, specific and targeted tariff schemes, as well as any additional charges and costs related to terminal equipment,  c) after-sales services, maintenance and consumer assistance services offered and their contact details, d) general contract terms, including the duration of the subscription contract, early termination fees, rights relating to the termination of package offers or their elements and procedure, and direct charges relating to portability of numbers and other numbering elements, as appropriate, e) details of products and services, including features, practices, policies and procedures and changes in the provision of services specifically designed for end-users with disabilities; f) in the case of providers of number-based interpersonal communications services, information on access to intervention services and caller location information or any restrictions on the latter, g) in the case of providers of number-independent interpersonal communications services, information on the extent to which access to intervention services is provided, and 3. dispute settlement mechanisms, including those developed by the operator. (3) The Agency shall, by means of a general act, prescribe which information referred to in the preceding paragraph must be provided by providers of internet access services or publicly available interpersonal communications services themselves. The Agency may also impose additional requirements on the format and manner of publication of the information. (4) The information shall be provided in a manner and in a form that enables the disabled end- user to access this information, including the option of machine reading. (5) End-users should be able to access free of charge an independent comparison tool against which they can compare and assess the advantages of different providers of internet access services and publicly available number-based interpersonal communications services and, where appropriate, number-independent publicly available interpersonal communications services. The published data must be impartial and must enable at least a comparison of the prices, tariffs and quality parameters referred to in Article 199 of this Act. (6) The comparison tool referred to in the preceding paragraph shall meet the following criteria: 1. it must be operationally independent of service providers, 2. the owner and operator of the tool must be clearly identified, 3. objective criteria for comparison must be clearly defined, 4. simple and unambiguous language must be used, 5. accurate and up-to-date information must be provided with the determination of the last update, 6. make it possible for all operators to make available information on their services; 7. it should entail a wide range of offers covering a significant part of the market; where the information does not provide a complete overview of the market, this should be clearly stated before the results are presented, 8. it must provide for an effective procedure for reporting false information, and 9. it must make it possible to compare prices, tariffs and quality of service provision between offers made available to consumers. (7) At the request of the comparison tool provider, the Agency shall confirm the compliance of the tool with the criteria referred to in the preceding paragraph. (8) Providers of internet access services or publicly available interpersonal communications services shall make available, on request, the information they publish in open formats in accordance with this Article, in order to allow the use of the information free of charge for the purpose of developing comparison tools. (9) Where there is no comparison tool on the market meeting the criteria set out in paragraph 6 of this Article, the Agency shall provide such a tool. Providers of internet access services and interpersonal communications services must provide the Agency with the information necessary for the preparation and maintenance of the tool. (10) The Agency may, where appropriate, also encourage operators to take self-regulatory or co-regulatory measures, such as the establishment of voluntary codes of conduct. Article 198 (monitoring and supervising the use of services) (1) The provider of internet access services and publicly available interpersonal communications services shall provide the customer who is a consumer with the option to monitor and control the consumption of services when the subscriber pays for those services on the basis of actual time or volume consumption. To this end, the provider shall inform the subscriber free of charge before and when reaching the quantitative or financial limit set by the Agency by means of a general act. The provider must also ensure that the subscriber can switch off the information at any time. (2) The Contractor shall regularly provide clear and comprehensible information to its subscribers on the options referred to in the preceding paragraph before the conclusion of the subscription contract and throughout the subscription period. (3) The Agency shall, by means of the general act referred to in the first paragraph of this Article, further regulate the manner in which this Article is implemented. In order to ensure effective protection of end-users, the Agency may also, by means of a general act, prescribe the provision of information on the level of consumption in relation to premium services and other services subject to specific pricing conditions. (4) The provisions of this Article shall also apply to subscribers which are micro-enterprises or small companies as defined in the act governing companies and non-profit organisations, unless they expressly waive the application of those provisions. Micro-enterprises and small companies shall submit to the service provider an extract from the register of the Agency of the Republic of Slovenia for Public Legal Records and Related Services, from which it appears that they meet the criteria for micro-enterprises and small companies set out in the act governing companies. Article 199 (quality of public communications services) (1) The Agency may provide, by means of a general act, that providers of internet access services and publicly available interpersonal communications services, which control at least certain elements of the network, shall publish comparable, comprehensive, reliable, user- friendly information on the quality of their services, which they regularly update. In the same way, information on measures to ensure equivalence in access for disabled end-users should also be provided. The Agency may require providers of publicly available interpersonal communications services to inform the consumer if the quality of the services they provide depends on external factors such as signal conveyance control or network connectivity. (2) Providers of publicly available interpersonal communications services shall also provide the information to the Agency and other competent authorities prior to their publication. (3) The Agency shall, by means of a general act, further regulate the implementation of this Article, in particular specifying the quality-of-service parameters to be measured and the appropriate measurement methods, as well as the content, format and manner of publication of the information, including any quality certification mechanisms. In doing so, it shall take the utmost account of BEREC guidelines. (4) The Agency may, by means of a general act, prescribe the method of determining the fees to be reimbursed by the operators referred to in the first paragraph of this Article to their end- users in the event of a failure or a deterioration in the quality of the operation of public communications services. (5) In implementing this Article, the Agency shall cooperate with the authority responsible for market surveillance. Article 200 (emergency communications) (1) The operator of publicly available number-based interpersonal communications services, which allows the making of internal calls to a number or numbers specified in the numbering plan referred to in Article 97 of this Act or an international numbering plan, shall ensure that end-users of these services, including users of public payphones, have the option to access emergency services on emergency numbers free of charge and without using any means of payment, through emergency communications to the most appropriate emergency communication centre. (2) Through its measures, the Ministry may also promote access to intervention services from electronic communications networks other than public communications networks but which allow calls to public communications networks. The measures shall apply in particular to situations in which the natural or legal entities controlling or operating that network do not provide alternative and easy access to intervention services. (3) The provider of publicly available number-based interpersonal communications services shall enable disabled users to communicate in an emergency using voice, as well as using sign languages and other forms of non-verbal communication. The provider shall provide such emergency communication in a manner and to the extent technically possible. If the Contractor claims to be unable to provide an obligation in accordance with the preceding sentences, the burden of proving their technical inability to provide such emergency communications shall be borne by the Contractor. (4) The provider of publicly available number-based interpersonal communications services shall ensure, free of charge, the transmission of the emergency communications to the emergency reception centre, including all necessary communication equipment to the network termination point of the centre. In order to ensure the continuity of the transmission of emergency communications, the contractor shall also provide, free of charge, alternative routes to the centres, including equipment or in such a way that the authority does not have to carry out software or hardware upgrades. Alternative routes must offer at least the same capacity (number of simultaneous connections), the same level of security and call quality, and comparable reliability and availability as the primary communication link. The contractor shall bear the burden of proving the extent of the technical incapacity. For the transmission and termination of emergency communications, operators may agree common transmission paths, including alternative routes. (5) The provider of publicly available number-based interpersonal communications services must immediately and free of charge provide information on the number and location of the caller to the single European emergency telephone number 112, police number 113 and the single European hotline for reporting missing children number 116 000 to the most suitable emergency communication reception centre. The information shall include network information from databases and, where available, caller location information obtained from mobile devices. The operator shall provide all information to the extent technically possible. The contractor shall bear the burden of proving the extent of the technical incapacity. (6) In order to ensure as accurately as possible the location of the caller, in particular for callers from multi-apartment buildings, the caller location referred to in the preceding paragraph shall be considered to be information if the contractor has the following information, including: 1. for natural persons: the personal name and address of the subscriber of the fixed connection or subscriber of the mobile service, including the section number of the building, 2. for legal persons: the name and address of the subscriber of the fixed connection, including the section number of the building. (7) The provider of publicly available number-based interpersonal communications services shall ensure free of charge the transmission of voice call on mobile terrestrial networks and a standardised minimum set of vehicle call system data (eCalls) to the most appropriate PSAP point. In order to ensure this obligation, they must upgrade their network accordingly to identify an emergency call from vehicles (eCalls) and forward it to the PSAP which deals with it. (8) The provider of publicly available number-based interpersonal communications services shall inform its users of the existence and use of emergency communications numbers, as well as of the means of making these available, through publication on its websites and in a directory in a prominent place. The notification shall contain a warning that calls to emergency communications numbers are recorded, along with information about the set of data to which authorities dealing with emergency communications are entitled under the rules governing the protection of personal data. When entering the network of another EU Member State, it must inform its subscribers of the existence and use of the single European emergency number 112 and of the accessibility features by means of an SMS message. Upon prior agreement with the roaming user’s operator, the roaming user shall be informed when entering its network of the existence and use of the 112 emergency number by means of an SMS message, where technically possible. The content of the notification shall be determined by the authority responsible for handling emergency communications to the single European emergency number 112. Notices must be provided in a form accessible to end-users with various forms of disability. (9) Notwithstanding the provision of the first paragraph of Article 222 of this Act, operators shall, as far as technically possible, allow for making calls from the single European emergency number 112, police number 113 and the single European hotline for missing children 116 000 to uniquely identify an outgoing call in the form of a three-digit 112, 113 or 116 000 call number. Operators bear the burden of proving technical incapacity. (10) Notwithstanding the provision of Article 214(10) of this Act, when calling an emergency communications number, the caller does not need to be informed of the recording of the conversation at the time of the call. (11) The Agency, in agreement with the minister for protection and rescue and the minister for internal affairs, shall, by means of a general act, lay down the quality of service for the single European emergency number 112, police number 113 and the single European hotline for reporting missing children 116 000, by specifying, in particular, the quality parameters, their thresholds and the methods for measuring these parameters and criteria for providing accurate and reliable caller location data. (12) Abuse of emergency communication is prohibited. An emergency communication is misused by anyone calling an emergency communication number at least three times in one day, despite warnings from the emergency communication centre. Article 201 (public notification and alerting) (1) The provider of publicly available number-based mobile interpersonal communications services shall, at the request of the authority responsible for protection and rescue in the event of current or imminent natural and other disasters, establish and provide a system to enable, via the public mobile network, the notification and alerting of end-users located in an area designated by such an authority. (2) In order to prevent negative consequences for the health or property of individuals, the operator referred to in the preceding paragraph shall, by request, establish and provide a system for the authority responsible for protection and rescue, if technically possible. The contractor shall bear the burden of proving the technical incapacity. (3) The Government shall regulate in more detail the implementation of this Article, including its financing or co-financing. Article 202 (actions for disabled users) (1) The Government, acting on a coordinated proposal from the Minister and the Minister responsible for disability protection, may, if it considers it necessary, establish by decree the requirements to be met by providers of publicly available electronic communications services in order to ensure that end-users with disabilities have access to electronic communications services, including the relevant contractual information provided in accordance with Article 186 of this Act, which is equivalent to that of the majority of end-users, and the option to choose between providers and services that is available to the majority of end-users. (2) In accordance with the law governing the media, the Republic of Slovenia specifically supports the creation and dissemination of content intended for blind, deaf and deaf blind consumers by way of adapted techniques as well as the development of appropriate technical infrastructure. (3) The ministry responsible for regulating the conditions and requirements for placing products on the market shall take steps to encourage the availability of appropriate terminal equipment to provide disabled end-users with the necessary services and functions. Article 203 (interoperability of digital television equipment) (1) The Ministry encourages digital television service providers to facilitate, where appropriate, the interoperability of digital television equipment provided to end-users of their services. (2) Upon termination of the contract with the digital television service provider, the end-user may return the digital television equipment to the provider, unless the equipment is fully interoperable with the digital television services of other providers. The digital television service provider shall bear the burden of proving interoperability. The procedure for the return of equipment must be simple and free of charge for the end-user. (3) The Agency shall, by means of a general act, lay down requirements for the interaction of digital interactive television services and digital television equipment used by consumers. Article 204 (radio and terminal equipment) (1) Users shall not connect to a public communications network radio or terminal equipment which does not comply with the requirements laid down in the regulations governing radio equipment, the rules on electromagnetic compatibility and the rules on low voltage electrical equipment. (2) Operators may not refuse a reasonable requirement for the connection of a user’s radio or terminal equipment which complies with the requirements of the regulations governing radio equipment, the electromagnetic compatibility and low voltage electrical equipment. Article 205 (directories and directory enquiry service) (1) Subscribers to publicly available number-based interpersonal communications services shall have the right to be entered in the Universal Directory referred to in Article 167 of this Act. (2) Subscribers referred to in the preceding paragraph who wish to be registered in the Universal Directory shall have the right to have their information available to providers of directory enquiry services or directories. (3) Providers of interpersonal communications services shall not prevent end-users from accessing relevant directory enquiry services in other EU Member States by means of a call or a text message. (4) Providers of number-based interpersonal communications services assigning numbers from a numbering plan to end-users shall comply with all reasonable requirements to make available to providers of directory enquiry services and directories, in an agreed format and on fair, objective, cost-oriented and non-discriminatory terms, information relevant to end-users, including the Universal Directory Service and the Universal Directory. In the event of a dispute between providers of number-based interpersonal communications services and providers of directory enquiry services or directories, the Agency shall decide on the basis of Articles 282 and 283 of this Act. (5) The Agency may by decision impose obligations and conditions relating to the provision of directory enquiry services on operators who control access to end-users in accordance with the procedure referred to in Article 130 of this Act. Article 206 (additional capacities and obligations) If the Agency establishes, on the basis of consultation with the interested public, that there is insufficient provision of the following facilities or compliance with the obligations in all or part of the territory of the Republic of Slovenia, it may provide, by means of a general act, that providers providing internet access services or publicly available number-based interpersonal communications services must: 1. to the extent technically feasible, enable calling line identity to be demonstrated and to provide data and signals to enable caller identification and sound dialling when making calls to other EU Member States, 2. to the extent technically feasible, upon termination of the internet access contract, at the user’s request make available free of charge e-mails received at the provider’s e-mail address or addresses within a period specified by the Agency as suitable for redirecting e-mails, or redirect e-mails sent to that address or addresses to new e-mail address or addresses indicated by the end-user during that period, 3. enable all or only some of the cost control options referred to in Article 176 of this Act, including options for controlling costs for data services, 4. comply with the obligations set out in Article 178 of this Act. Article 207 (itemised invoice) (1) All subscribers of internet access services or number-based interpersonal communications services shall at least have the right to a non-disaggregated invoice sent by the service provider to the subscriber in the manner referred to in the sixth paragraph of Article 177 of this Act. (2) If the suppliers of services referred to in the preceding paragraph in accordance with their general terms and conditions or in accordance with the general act referred to in the preceding Article offer the service of an itemised invoice, the provisions of Article 176 of this Act shall apply mutatis mutandis to them. (3) All itemised invoices exceeding the basic level of invoice breakdown referred to in the first paragraph of Article 177 of this Act provided by the operator must be specified in the general terms and conditions. If offered for remuneration by the operator, their prices must be set at the level of the actual costs incurred by operators with the additional breakdown required. This is without prejudice to the option for other users and subscribers to pay for individual services separately where technically possible, in which case they are not included in the disaggregated invoice. (4) At the request of the subscriber, the operator shall issue an itemised invoice as referred to in the preceding paragraph with a level of breakdown of the numbers called to ensure the protection of the privacy of called users who are natural persons and of called subscribers by omitting or covering the last three locations of the telephone numbers called. The operator does not need to disguise the number(s) called: 1. in the case of an itemised invoice for calls between telephone numbers of the same subscriber, 2. if the subscriber is a consumer, or 3. if the Customer, which is a natural or legal entity engaged in an economic or other independent activity in the market, requests an uncovered itemised invoice and attaches to the request a document indicating to which user the number for which the itemised account has been assigned and the user’s consent to the disclosure of the dialled numbers, from which it is apparent that it is given in order to prove the existence of overruns of agreed service telephone costs. The operator shall forward the itemised invoice to the user, who may cover the telephone numbers of calls made for private purposes on the invoice. (5) In accordance with point 3 of the preceding paragraph, the operator shall keep the request for the transmission of itemised invoices with undisclosed calls in accordance with point 3 of the preceding paragraph for one year after the date of transmission and shall submit it to the competent authorities upon request. Article 208 (limitation or interruption for reasons on the part of the operator) (1) The operator may, without the consent of users, temporarily restrict or terminate access to its services if this is necessary for the purpose of upgrading, updating or maintenance, or if a malfunction or error has occurred. (2) The operator must announce restrictions or interruptions due to upgrades, updates or maintenance in the media at least one day in advance and at the same time inform the Agency, and users and the Agency must be immediately informed of major restrictions or interruptions due to malfunctions or failures. (3) Restrictions or interruptions may only last for such time as is necessary to carry out the relevant work or to remedy the defect or malfunction. (4) The Agency shall, by means of a general act, further regulate the manner in which this Article is implemented. Article 209 (right to complain and dispute) (1) Each end-user shall have the right to complain to the decision or conduct of the operator in respect of the rights and obligations laid down in this Act and the regulations issued on the basis thereof and contracts for the provision of electronic communications networks or services to the appropriate body or body established by the operator. (2) Organisations that can bring an action under the act governing collective actions may file a complaint to a breach of the operator’s general terms and prices in their operations with users and consumers, as well as to comply with the provisions of paragraphs 5 to 9 of this Article. (3) The operator shall record any reporting of a malfunction in relation to its decision or conduct referred to in the first paragraph of this Article, communicated by the end-user by calling the operator’s telephone number intended to receive such calls. (4) An objection shall be lodged by the end-user within 15 days of the date on which they became aware of the contested decision or of the conduct referred to in the first paragraph of this Article, but no later than 60 days from the date on which the contested decision or the conduct which is the subject of the objection occurred, the objection being deemed to be timely even if the submission of the last day of the appeal period is registered by post. Should the time limit expire on a Saturday, Sunday, a holiday or a public holiday, the complaint shall be made in good time if submitted on the first next working day. (5) A complaint may also be submitted by calling the operator’s telephone number for receiving reports of malfunctions. The authorised person of the operator receiving telephone calls in connection with the reporting of defects must record all information relevant for the submission of such a complaint. A complaint shall be deemed to have been received by the operator on the day on which it was communicated by calling to the operator’s telephone number. (6) If the end-user has sent an objection by e-mail, the operator may send its opposition decision by e-mail to the address from which the end-user sent it or to the e-mail address indicated by the end-user in their electronic objection. (7) The operator must explicitly state in its decision that it is its final decision and explain in legal instruction the option of initiating proceedings before the Agency and also for the consumer before the provider of out-of-court dispute resolution for consumer disputes, which fulfils the conditions and provides for a procedure in accordance with the law governing out- of-court resolution of consumer disputes, if the operator recognises such competence for the resolution of consumer disputes, and specify the deadline for the submission of this proposal. If an operator does not recognise any provider of out-of-court dispute resolution for consumer disputes as competent to resolve a consumer dispute, it must draw the consumer’s attention to this in the legal instruction. (8) The decision on the complaint must be sent by the operator to the end-user in such a way as to prove its service. In the case of service by e-mail, proof of service is assessed in accordance with the provisions of the act governing electronic commerce and electronic signature. (9) If the operator does not comply with the complaint within 15 days of the submission of the complaint, the end-user may, within 15 days of notification of the decision, submit a request for resolution of the dispute to the Agency. (10) If the operator does not arrive at a decision within 15 days of the submission of an objection, the end-user may submit a proposal to resolve the dispute within 30 days of the submission of the objection to the operator. (11) An end-user may submit a request for resolution of the dispute to the Agency, even if the operator accepts their objection and subsequently fails to comply with their obligations within 15 days of notification of the decision. In this case, the end-user may submit a request for resolution of the dispute within 15 days of the expiry of the deadline for compliance. (12) If the procedure before the provider of out-of-court resolution of consumer disputes does not result in a binding decision in accordance with the act governing the out-of-court resolution of consumer disputes, the consumer may, notwithstanding the time limits laid down in paragraphs 9, 10 and 11 of this Article, submit a request for resolution of the dispute before the Agency within 15 days of the date on which that procedure was concluded. (13) The Agency shall by decision reject an application for resolution of the dispute if the application is not submitted within the time-limits laid down in paragraphs 9, 10, 11 or 12 of this Article. (14) If the Customer lodges an objection pursuant to this Article or proposes the resolution of the dispute in accordance with the procedure referred to in Article 283 of this Act, or if the consumer initiates a procedure under the law governing out-of-court settlement of consumer disputes, until the final resolution of the dispute or until the final decision of the Agency, the operator may not restrict access to its services, disconnect the subscriber or terminate the subscriber’s contract until the final decision of the Agency, if the Customer has settled the uncontested part of the invoice or the amount corresponding to the average value of the last three uncontested invoices within the deadline. (15) The Agency shall examine a request for resolution of the dispute in accordance with the procedure referred to in Article 283 of this Act. (16) The method and procedure for resolving end-users’ complaints should be further specified by the operator in the general terms and conditions. Article 210 (supervision) The Agency shall supervise the implementation of the provisions of this Chapter. In monitoring the implementation of the first paragraph of Article 204 of this Act, it shall monitor only the operation of radio or terminal equipment in the operation and cooperate and coordinate with the inspector responsible for the control of goods in the market, in accordance with Article 288 of this Act. XII. PROCESSING OF PERSONAL DATA AND PROTECTION OF ELECTRONIC COMMUNICATIONS PRIVACY Article 211 (concept of user and operator and services included) (1) A user, for the purposes of this Chapter, is a natural entity who uses a public communications service for private or business purposes, but does not necessarily subscribe to this service. (2) For the purposes of this Chapter, the operator means the operator of personal data in accordance with the regulations governing the protection of personal data. (3) This Chapter regulates the processing of personal data in connection with the provision of public communications services in public communications networks, including public communications networks supporting data collection and identification devices. Article 212 (general provisions on security of processing) (1) Providers of public communications services must take appropriate technical and organisational measures to ensure the security of their services. To the extent necessary to ensure the security of their services insofar as they relate to network security, they shall take appropriate technical and organisational measures together with the provider of the public communications network. (2) Taking into account technological developments and the cost of their implementation, the measures should ensure a level of safety and security appropriate for the risk envisaged. In particular, any act, service or product that interferes with the secrecy, confidentiality and security of an electronic communications network or an electronic communications service by altering the accessibility, content, price or quality of service and which the operator, alone or together with other operators, can effectively disable, shall present a risk. (3) The measures referred to in the preceding paragraph shall at least: 1. ensure that only authorised staff have access to personal data for legally permitted purposes, 2. protect stored or transmitted personal data from accidental or unlawful destruction, accidental loss or alteration, and unauthorised or unlawful storage, processing, access or disclosure; and 3. ensure the implementation of a security policy with regard to the processing of personal data. (4) The Agency shall carry out periodic reviews of the actions of providers of public communications services and may issue recommendations on best practices regarding the level of security that these measures should achieve. (5) The Agency may issue a general act for the implementation of this Article. Such a proposal may also be submitted to the Agency by the authority responsible for information security. Article 213 (duty to inform subscribers in the event of a specific risk to network security) (1) In the event of a particular risk to the security of the network, the provider of public communications services shall, as soon as it becomes aware of that risk, inform subscribers of such risk by posting on its website and in any other appropriate manner. If the risk exceeds the scope of the measures that the service provider can take, it must at the same time inform subscribers of all possible means of eliminating the risk, including an indication of the likely costs, and allow them rapid and effective access to safeguards. (2) In the case of abuses committed by third parties which are not attributable to subscribers or users, providers of public communications services shall bear the costs of providing public communications services incurred by them as a result of those abuses. Abuse shall be deemed not to have been committed by the subscriber or user where the subscriber or user has taken all reasonable protection measures and has complied with the instructions notified by the provider of public communications services in accordance with the preceding paragraph.  Article 214 (confidentiality of communications) (1) The confidentiality of communications is ensured by this Act in order to protect expected privacy in the field of electronic communications, freedom of communication and freedom of expression. Confidentiality of communications concerns: 1. content of communications, 2. traffic data and location data related to the communication referred to in the previous point, 3. facts and circumstances relating to the termination of the connection or the failure to establish a connection. (2) The operator and anyone involved in the provision and performance of its activities shall continue to protect the confidentiality of communications after the cessation of the activity to which it has been bound to protect confidentiality. (3) The persons referred to in the preceding paragraph may obtain information on communications referred to in the first paragraph of this Article only to the extent strictly necessary for the provision of certain public communications services and may use or transmit this information to others only for the purpose of providing such services. (4) If, in accordance with the preceding paragraph, operators are required to obtain information on the content of communications, record or store communications and related traffic data, they shall inform the subscriber or user thereof at the time of the conclusion of the subscriber’s contract or at the beginning of the provision of the public communications service, and delete the information on the content of the communication or communication as soon as technically feasible and when such data is no longer necessary for the provision of a particular public communications service. (5) All forms of control or interception of communications carried out by third parties other than users involved in the communication, such as listening, interception, recording, storage and transmission of communications referred to in the first paragraph of this Article without the consent of the users concerned, shall be prohibited unless permitted in accordance with the preceding paragraph or in accordance with Articles 220 and 228 of this Act or if such a form of surveillance or interception is strictly necessary for the transmission of messages (e.g. fax messages, e-mails, mail boxes, voice mail, SMS services). (6) Recording and storing communications without the prior consent of the communication participants shall also be prohibited for users in the case of communications where such data processing is not common and participants do not expect and cannot expect this in advance due to its nature. (7) Notwithstanding the provisions of paragraph 5 of this Article, recording of communications and related traffic data in the context of a legitimate business practice shall be permitted in order to provide evidence of a commercial transaction or any other business communication, provided that the parties to the communication are informed in advance of the recording, its purpose and the length of storage of the recording (e.g. answering machines). The recorded message must be deleted without delay, at the latest by the expiry of the period during which the transaction may be lawfully contested. (8) The recording notification shall be given by the same type of medium and in the same format as the recorded communication. (9) Notwithstanding the provision of paragraph 7 of this Article, notification of recording shall not be required in the case of calls to an operating telephone number which is not intended for the public and is operated by the provider of essential services, which is determined on the basis of the act governing information security. The operator of essential services must specify in the security documentation the meaning and manner in which the operating telephone number is used. (10) Notwithstanding the provisions of paragraph 5 of this Article, recording of the content of communications and the acquisition of related data referred to in the first paragraph of this Article shall also be permitted within public sector bodies responsible for carrying out intelligence and security tasks, police, defence and protection, rescue and assistance tasks, provided that the calling users are informed in advance of the recording, its purpose and the duration of storage of the recording (e.g. answering machines). Other public authorities are permitted to record the content of communications if provided for by law. Article 215 (subscriber data) (1) Service providers may collect the following data on their subscribers: 1. the personal name or company name of the subscribers and its organisational form, 2. address of the subscriber, including the section of the building, 3. subscription number and other numbering elements used to establish a link to the contracting authority, 4. at the request of the client, academic, scientific or professional title, website address and other types of personal contacts (e.g. IM address) or his/her e-mail address, 5. tax number for the natural person and the tax and registration number for the legal person, 6. on the basis of the client’s payment, additional information if the Client so wishes and this does not prejudice the rights of third parties. (2) The collected data referred to in the preceding paragraph may be processed by service providers only for: 1. conclusion, implementation, monitoring and termination of the subscription contract, 2. billing services, 3. preparation and publication of directories under this Act, 4. providing caller location information for emergency number calls, 5. other legitimate purposes subject to the subscriber’s consent. (3) The data referred to in the first paragraph of this Article may be stored by service providers referred to in the first paragraph after the termination of the subscription until the full payment of the services, but for the longest period of time for their claims for the provision of services, except in cases where this Act provides for a longer retention period regarding the monitoring and control of the use of data services (Article 198 of this Act), as regards public notification and alerting (Article 201 of this Act), in relation to internal procedures (Article 216 of this Act), regarding the insurance and indelible registration of the transmission of traffic and location data in cases of protection of life and body (Article 220 of this Act), the tracing of malicious or nuisance calls (Article 223 of this Act) and the lawful interception of communications (Article 228(5) of this Act). Article 216 (internal procedures) (1) In order to ensure the security of the processing of personal data and subject to the third paragraph of Article 212 of this Act, service providers must establish internal procedures for responding to requests from competent authorities for access to users’ personal data on the basis of sectoral acts. They must keep an eight-year non-erasable record of responses to these requests, including information on the number of requests received and the applicants’ legal basis and their response, i.e. whether or not the information was transmitted. (2) By 31 March, service providers must provide the Information Commissioner with information for the previous year on the internal procedures referred to in the preceding paragraph, as well as information on the number of requests received and the applicants, the legal basis of these requests and their response to them. Article 217 (directories) (1) Before a subscriber’s data is included in a printed or electronic directory which is accessible to the public or used by directory enquiry services, subscribers shall be informed, free of charge, of the purpose of that directory and of any further uses of that information, in particular on the basis of search functions. The costs of notification shall be borne by the publisher of the directory. (2) Subscribers must be able to decide, with prior consent, whether their personal data, as defined in the first paragraph of Article 215 of this Act, will be entered in a public register and which of these data should be entered. If subscribers decide that their personal data is entered in a public directory, the data referred to in points 1 and 2 of the first paragraph of Article 215 of this Act shall be entered in the directory, with the exception of the information on the section of the building referred to in point 2 and the subscriber’s telephone number. Subscribers may verify the data entered and request their amendment or erasure. (3) Subscribers should be able to prohibit the use of their personal data for calls relating to commercial or research purposes. The subscriber may prohibit the use of their personal data for both purposes or only for one of those purposes at the time of registration in the directory or at any time thereafter. The publisher of the directory must unambiguously indicate the prohibition of the use of subscriber’s personal data in the directory for a specific purpose. If the subscriber has communicated the prohibition of use after inclusion in the directory or has changed its content, the publisher of the directory must mark the change in the directory immediately upon the first subsequent release. (4) The refusal to register in a public directory the verification, amendment or deletion of personal data referred to in the second paragraph of this Article, as well as the entry of the prohibition on the use of subscriber’s personal data for the purposes referred to in the preceding paragraph or the registration of amendments to this prohibition shall be free of charge for the subscriber. (5) Legal or natural persons making calls for a commercial or research purpose must comply with the prohibition on the use of subscriber’s personal data marked in the most recent publicly published electronic directory if these indications differ from the indications in the printed directory of the same publisher. Article 218 (traffic data) (1) Traffic data relating to subscribers and users which have been processed and stored by the operator must be erased or modified in such a way that they cannot be linked to an identified or identifiable person as soon as they are no longer necessary for the transmission of messages, except in the case of data for which a longer retention period for monitoring and controlling the consumption of data services (Article 198 of this Act) is provided for under this Act, as regards public notification and alerting (Article 201 of this Act), internal procedures (Article 216 of this Act), insurance and indelible registration of the transmission of traffic and location data in cases of protection of life and body (Article 220 of this Act), the tracing of malicious or nuisance calls (Article 223 of this Act) and the lawful interception of communications (Article 228(5) of this Act). (2) Notwithstanding the provision of the preceding paragraph, the operator may store and process traffic data necessary for billing and payments in connection with interconnection until the full payment of the service, but not longer than the expiry of the limitation period. (3) For the purposes of marketing electronic communications services or providing value- added services, a public communications service provider may process the data referred to in the first paragraph of this Article to the extent and for the duration necessary for such marketing or services only with the prior consent of the subscriber or user to whom the data relates. Subscribers or users must be informed of the types of traffic data being processed and the purpose and duration of such processing before giving consent. The user or subscriber shall have the right to withdraw this consent at any time. (4) For the purposes referred to in the second paragraph of this Article, the service provider must, in order to inform subscribers and users, indicate in the general terms and conditions which traffic data will be processed and for how long. (5) Traffic data may, in accordance with the preceding paragraphs of this Article, be processed only by authorised persons who, under the supervision of the operator, are responsible for billing or traffic management, answering questions from consumers, detecting fraud, marketing electronic communications services or providing value-added services, provided that such processing is limited to the extent necessary for the purposes of such activities. (6) Notwithstanding the provisions of the first, second, third and fifth paragraphs of this Article, the operator shall, upon written request made for the resolution of disputes, in particular disputes relating to interconnection or billing and in accordance with applicable legislation, provide traffic data to the Agency, the provider of out-of-court resolution of consumer disputes in accordance with the act governing out-of-court settlement of consumer disputes or the competent court. (7) The Agency shall monitor the implementation of the provisions of this Article at least once every two years. Article 219 (location data other than traffic data) (1) Location data other than traffic data relating to users or subscribers may be processed only in such a way that it cannot be linked to an identified or identifiable person or with the prior consent of the user or subscriber to the extent and duration necessary for the performance of the value-added service. The user or subscriber may withdraw this consent at any time. (2) The user or subscriber shall be informed of the following before granting consent in relation to the processing of data referred to in the preceding paragraph: 1. the option of refusing consent, 2. the type of data to be processed, 3. the purpose and duration of such processing, 4. the option of transmitting this location data to a third party in order to provide a value-added service. (3) A user or subscriber who has consented to the processing of data referred to in the first paragraph of this Article shall have the option to temporarily refuse, in a simple and free manner, the processing of such data on any connection to a network or for any transmission of communications. (4) In accordance with the preceding paragraphs of this Article, the data referred to in the first paragraph of this Article may be processed only by persons who are under the control of an operator or a third party providing a value-added service, and such processing must be limited to what is necessary for the performance of the value-added service. (5) In the case of calls to the single European emergency number 112, police number 113 and the single European hotline for missing children 116 000, the operator shall, in accordance with Article 200(5) of this Act, transmit to the competent authorities the location data referred to in the first paragraph of this Article even in cases where the user or subscriber has temporarily refused to process the data referred to in the first paragraph of this Article or has not given their consent to the processing. (6) The provisions of paragraphs 1 to 4 of this Article shall not apply to location data other than traffic data for the purposes of implementing Article 220 of this Act. Article 220 (transmission of traffic and location data in the event of threat to the safety of life or body) (1) In order to protect an individual’s vital interests, the operator shall, on the basis of its written request, if it is necessary in the circumstances of the particular case, provide the police with the information necessary to establish the last location of the mobile communication equipment or, where technically possible, several of the last locations of the equipment, if: 1. there is a reasonable likelihood that there is an immediate threat to the life or body of a person possessing or presumed to have carried mobile communication equipment and the acquisition of such data is necessary to prevent the death or serious bodily injury of that person, 2. the acquisition of the data is necessary in order to find a person who has been deprived or restricted of their operational capacity or who has been diagnosed with health problems indicating a danger to their life or body and who has been reported missing and has or is presumed to have carried mobile communication equipment, or 3. the acquisition of the data is necessary in order to find a child who has been reported missing by parents or legal representatives and has or is believed to have carried mobile communication equipment. (2) A reasoned request for the transmission of the data necessary to establish the last location of the mobile communication equipment shall be sent by the police to the operator in writing or by e-mail using qualified digital certificates or, exceptionally, by fax, if necessary, in view of the circumstances of the case. (3) The data needed to identify the last location of an individual’s mobile communication equipment are location marking data (cell ID) at the beginning of the communication and data that determine the geographical location of the cells by indicating their location codes (the cell ID) during the period for which they are stored, communication data and other data processed by the operator in the databases of personal and other data which may allow a more accurate identification of the most recent location of the equipment used for the individual’s mobile communication. (4) The police shall keep all documentation and findings that form the basis of the request and only the request referred to in the first paragraph of this Article in the manner and under the conditions set out in the first paragraph of Article 221 of this Act and shall ensure the indelible registration of the measures and interventions carried out in accordance with the second paragraph of Article 221 of this Act. (5) The operator shall store the data transmitted pursuant to the request referred to in the first paragraph of this Article in the manner and under the conditions set out in the first paragraph of Article 221 of this Act and shall ensure the indelible registration of the measures and interventions carried out in accordance with the second paragraph of Article 221 of this Act. (6) Minister responsible for internal affairs shall, in the prior opinion of the Information Commissioner, prescribe in more detail the method of transmission of the request, the processing of the data transmitted, the internal control of the manner or technical issues of the processing of personal data and the technical characteristics of the information system for carrying out the tasks referred to in the first paragraph of this Article. (7) On the basis of the request referred to in the first paragraph of this Article, the operator shall send the requested information to the applicant as soon as possible or as soon as technically possible. The operator bears the burden of proving the technical incapacity. (8) The police shall inform the person for whom it has requested and obtained location data in accordance with this Article in writing as soon as possible, unless this would harm the interests of the individual or those of others close to them in the cases referred to in the first paragraph of this Article, for as long as such a situation persists, but not for more than one year. (9) The police may not transfer the information obtained under this Article to reporters of missing persons and children referred to in points 2 or 3 of the first paragraph of this Article if the provision of such data would endanger the personal safety or dignity of persons or children, in particular in compliance with the regulations governing witness protection, restraining orders or the prevention of domestic violence. (10) Inspection of data processing referred to in the first paragraph of this Article shall be carried out by the Information Commissioner at least once a year. Article 221 (data protection and indelible registration) (1) All documentation and findings referred to in the fourth paragraph of the preceding Article and the requirement referred to in the first paragraph of the preceding Article shall be protected by the police, and all data referred to in the fifth paragraph of the preceding Article shall be protected by the operators in accordance with the regulations governing the protection of personal data. In this context, they must take appropriate technical and organisational measures to protect such data against destruction, loss or alteration and unauthorised or unlawful forms of storage, processing, access or disclosure. (2) Operators and police who are able to request access to the data necessary to establish the last location of mobile communication equipment in accordance with the previous Article shall ensure ten years of indelible registration of the measures and interventions carried out pursuant to the previous Article and shall, within this period, also keep the information obtained and delivered from the date on which this information was communicated to the police and protect it in accordance with the classification marking of the request. (3) Inspection of the implementation of the provisions of this Article shall be carried out by the Information Commissioner at least once a year.  Article 222 (displaying the identity of the caller connector and the connection) (1) If the service provider offers to display the identity of the calling line, the calling user must be able, before each call, to prevent, by simple means and free of charge, the displaying of the identity of the connection from which the call is being made. However, the subscriber may require the provider of electronic communications services to do so automatically and free of charge for all calls from their calling lines. (2) Without prejudice to the provisions of the preceding paragraph, operators shall cancel free of charge the prevention of the display of the calling line identity in the case of calls to an emergency number. (3) Where the service provider offers the display of the calling line identity, the called subscriber must be able to prevent, by simple means and with reasonable use, the presentation of the calling line identity free of charge for incoming calls. (4) If the service provider offers to display the identity of the calling line and the calling line identity is already displayed before the connection is established, the called subscriber must be able to refuse, by simple means, incoming calls for which the calling user or subscriber has prevented the calling line identity from being displayed. (5) Where the service provider offers to display the called party’s identity, the called subscriber must be able to prevent the display of the called party’s identity for the calling user free of charge and by simple means. (6) The service provider must publish in its general terms and conditions the option to display and prevent the display of the identity of the calling line and the connection. (7) The provision of the first paragraph of this Article shall also apply to calls originating in EU Member States and terminating in third countries. The provisions of paragraphs 3, 4 and 5 of this Article shall also apply to calls received from third countries. Article 223 (tracing malicious or nuisance calls) (1) If a subscriber requests an operator in writing to trace malicious or nuisance calls, the operator may temporarily, but for no more than three months, record the origin of all calls terminating at that subscriber’s network termination point, including those for which the provision of calling line identity is required. (2) The operator must store tracking data and inform the subscriber who requested the tracing of malicious or nuisance calls in writing about the results, i.e. the caller ID (e.g. telephone number). (3) Only if the subscriber demonstrates a legitimate interest in protecting its rights before a court, shall the operator provide it with any information which reveals the identity of the calling subscriber and inform the calling subscriber and the Information Commissioner. (4) Operators shall ensure the retention of data collected pursuant to this Article and subject to the measures referred to in the third paragraph of Article 212 of this Act, for a period of three years from their delivery to the subscriber. (5) The Information Commissioner shall supervise the implementation of the provisions of this Article. Article 224 (redirection of calls) The operator must enable the subscriber to prevent the automatic redirection of calls from third parties to their terminal by using simple means and free of charge. Article 225 (cookies) (1) The storage of data or the gaining of access to data stored in the terminal equipment of a subscriber or user shall be permitted only if the subscriber or user have given their consent after having been clearly and comprehensively informed in advance of the operator and the purposes of the processing such data in accordance with the regulations governing the protection of personal data. (2) Notwithstanding the provisions of the preceding paragraph, technical storage of or access to data shall be permitted solely for the purpose of conveying a message via an electronic communications network or if this is strictly necessary for the provision of an information society service explicitly requested by the subscriber or user. (3) Insofar as it is technically feasible and effective and in accordance with the regulations governing the protection of personal data , the user shall also be deemed to be able to express his or her consent referred to in the first paragraph of this Article by using the appropriate settings in the browser or other applications. Consent of the user or subscriber means personal consent in accordance with the regulations governing the protection of personal data. (4) Where there is a violation of the rules on notification and consent of an individual referred to in the first paragraph of this Article, and a simultaneous violation of the regulations governing the protection of personal data, the provisions of this Act shall apply. (5) Inspection of the implementation of the provisions of this Article shall be carried out by the Information Commissioner. Article 226 (unsolicited communication) (1) The use of automated call and communication systems to make calls to a subscriber’s telephone number without human intervention (e.g. call machines, SMS, MMS), faxes or e- mails for the purpose of direct marketing shall be permitted only with the subscriber’s or user’s prior consent. (2) Notwithstanding the provisions of the preceding paragraph, a natural or legal entity that obtains the e-mail address of the buyer of their products or services may use this address for the direct marketing of their similar products or services, provided that they offer the customer a clear and explicit opportunity to refuse such use of their e-mail address free of charge at the time when the contact information is obtained and at the time of each communication, provided that the customer has not refused such use from the outset. (3) The use of means other than those provided for in the previous two paragraphs for direct marketing using electronic communications shall be permitted only with the consent of the subscriber or user. Refusal of consent shall be free of charge for the subscriber or user concerned. When using voice communications services, account shall also be taken of the provisions of Article 217(3), (4) and (5) of this Act. (4) The first and third paragraphs of this Article shall apply to subscribers who are natural persons. (5) It is prohibited to send e-mails for direct marketing purposes contrary to the law governing electronic commerce on the market by concealing or disguising the identity of the sender on whose behalf the message is being sent and without a valid address to which the recipient may send a request to stop sending such messages. It is also prohibited to send e-mails for direct marketing purposes which invite recipients to visit websites that are contrary to the aforementioned act. (6) A natural or legal entity may use the e-mail address of natural persons, provided that that e-mail address is made public by the legal person as its contact e-mail address. (7) Without prejudice to any review procedure for infringements of the provisions of this Article, any natural or legal entity, including a service provider, who defends its business interests and those of its clients, shall have a legitimate interest in bringing civil action or interim relief against the infringer of the provisions of this Article. Article 227 (personal data breach) (1) In the event of personal data breaches, the provider of public communications services must inform the Agency without delay. (2) If a personal data breach is likely to adversely affect the personal data and privacy of the subscriber or individual, the operator referred to in the preceding paragraph shall also inform the subscriber or individual concerned of this breach without undue delay. (3) The notification referred to in the preceding paragraph shall not be required where the public communications service provider has satisfactorily demonstrated to the Agency that it has implemented appropriate technical safeguards and that those measures have been applied to the data concerning the security breach. By applying these measures, the public communications service provider must ensure that such data are unrecognisable to anyone who is not allowed access to it. (4) Where a public communications service provider has failed to notify a personal data breach to the subscriber or individual concerned, the Agency may, after examining the possible adverse effects of such a breach, notify the subscriber or individual concerned of that breach. The public communications service provider shall inform the Agency of the fulfilment of this obligation. (5) The notification to the subscriber or individual referred to in paragraphs 2 or 4 of this Article shall include at least a description of the personal data breach, contact addresses from which to obtain more information and recommended measures to mitigate the possible adverse effects of the personal data breach. The notification to the Agency referred to in the first paragraph of this Article shall in addition contain a description of the consequences of the personal data breach and the measures proposed or taken by the public communications service provider to address such a breach. (6) In order to enforce the provisions of this Article, the Agency may issue a general act concerning the circumstances in which providers of public communications services are required to notify a personal data breach, the format of such notification and the manner of notification. In doing so, the Agency must take into account any relevant technical implementing measures adopted by the European Commission. (7) Providers of public communications services shall keep a sufficient inventory of information pertaining to personal data breaches. The inventory of the data must therefore include the facts relating to the infringements, their effects, including an estimate of the number of persons harmed, and the corrective measures taken, enabling the Agency to verify compliance with the provisions of this Article. The inventory may include only the information necessary for that purpose. Article 228 (legal interception of communications) (1) The operator must allow for the lawful interception of communications at a particular point in the public communications network as soon as it receives a copy of the part of the order of the competent authority which indicates the point of the public communications network on which the lawful interception of communications is to be carried out, the duration of that measure and other information relating to the manner and scope of that measure. (2) A copy of the order referred to in the preceding paragraph shall be made by the issuing authority. (3) The operator must enable the lawful interception of communications in the manner, to the extent and for the duration specified in the transcript of the operative part of the order referred to in the first paragraph of this Article. (4) Exceptionally, the operator must allow for the lawful interception of communications on the basis of a verbal order, if provided for in the act, which also lays down the conditions and circumstances for issuing a verbal order. The printed copy of the verbal order shall be served on the operator as soon as possible, but not later than 48 hours after its issue. (5) Operators must ensure 30 years of indelible registration of any lawful interception of communications, which includes the information referred to in paragraphs 1 or 4 of this Article and information on the execution of the order (who executed it, the duration of the interception) and, within that period, protect it in accordance with the classification level of the copy of the order. The authority which, in accordance with the order referred to in the third paragraph of this Article, carries out the surveillance of communications shall keep such data in accordance with the regulation governing its operation. (6) The operator must provide on its network, at its own expense, appropriate equipment and suitable interfaces to allow legitimate interception of communications on its network. In the case of interception of communications in international electronic communications networks in accordance with the act governing the Slovenian Intelligence and Security Agency, the network operator must provide, at its own expense, appropriate equipment and handover interfaces that allow the lawful interception of international communications on its network, or appropriate transmission channels to handover interfaces in the supervisory centre of the competent authority. (7) The Minister shall, in agreement with the minister responsible for internal affairs, the minister responsible for defence and the Director of the Slovenian Intelligence and Security Agency, prescribe the functionality of the equipment and determine the appropriate interfaces referred to in the preceding paragraph. (8) The Agency shall supervise the compliance of operators under this Article without prejudice to the powers of supervision of lawful interception by competent authorities under other acts. Article 229 (supervision) The Agency shall, subject to the limitations laid down in Article 228 of this Act, supervise the implementation of the provisions of this Chapter, with the exception of the provisions of Articles 216, 220, 221, 223 and 225 of this Act, where the supervision is carried out by the Information Commissioner. XIII. AGENCY 1. General provisions 1.1 General Article 230 (Agency) (1) The Agency for Communications Networks and Services of the Republic of Slovenia (hereinafter: the Agency) is a legal entity governed by public law. (2) The Agency shall be independent in carrying out its tasks. (3) The rights and obligations of the founder shall be exercised by the Government on behalf of the Republic of Slovenia. Article 231 (operations of the Agency) (1) The Agency shall carry out the tasks laid down in this Act and other acts in its field of activity and implementing regulations adopted on the basis thereof. In doing so, it pursues development objectives stemming from the strategic documents of the Republic of Slovenia in the field of its activities. (2) The Agency shall carry out the tasks falling within its competence impartially, transparently and in a timely manner within the statutory time limits. (3) In carrying out the tasks of ensuring competition under Chapter IX of this Act, resolving disputes referred to in the first paragraph of Article 282 of this Act, forming the market and competition in procedures for granting rights to use radio frequencies, carrying out tasks contributing to the protection of end-users’ rights, carrying out the tasks referred to in Article 268 of this Act, carrying out the tasks referred to in Articles 171 and 172 of this Act and ensuring portability of numbers referred to in Articles 195 and 196 of this Act, the Agency shall not seek or receive instructions from other public authorities. This shall not affect the possibility of its consultation with the competition protection authority, the authority responsible for consumer protection and its cooperation with other regulatory authorities, the European Commission, BEREC and RSPG in accordance with this Act. (4) The organisation and operation of the Agency shall be governed by the statute. Article 232 (acts of the Agency) (1) The Agency shall issue general acts on matters falling within its area of competence. (2) The Agency may, by means of a general act, regulate in more detail issues arising in the enforcement of specific provisions of acts in its areas of competence. (3) The Agency may issue a general act for the enforcement of directly applicable European Union regulations in the field of electronic communications, provided that those regulations directly determine the tasks of the national regulatory authorities. (4) Within the scope of its regulatory competences, the Agency shall issue recommendations by means of which it provides non-binding recommendations regarding certain practices to addressees. (5) The Agency shall decide on individual matters within its area of competence by means of a decision or resolution. (6) The statute and general acts of the Agency for the exercise of public powers are published in the Official Gazette of the Republic of Slovenia and recommendations on the Agency’s website. Article 233 (agency bodies) The Agency’s bodies shall be the Board of the Agency and the Director of the Agency. 1.2 Agency Board Article 234 (composition and appointment of the members of the Board of the Agency) (1) The Board of the Agency shall be composed of five members. (2) The members of the Board of the Agency are appointed by the Government by a decision on the basis of a public invitation carried out by the Ministry. (3) The Chairperson of the Board of the Agency shall be elected by the members of the Board of the Agency by a majority vote and a secret ballot. (4) When nominating candidates as members of the Board, the Government shall apply the criterion of professionalism and competence of a person. Article 235 (term and conditions for members of the Board of the Agency) (1) The members of the Board of the Agency shall be appointed for a term of five years and may be reappointed. (2) A person may be appointed as a member of the Board of the Agency if they: 1. are a national of a Member State of the European Union; 2. are legally capable, 3. have at least an appropriate course of education, obtained after second-level study programmes, or an education corresponding to the level of education obtained after second- level study programmes, and are ranked at level 8 in accordance with the law governing the Slovenian Qualifications Framework, 4. have at least five years of professional experience in a post requiring the education referred to in the preceding point, 5. are an expert in at least one area of operation or business of the Agency, 6. have not been convicted by the force of res judicata of an intentional offence prosecuted ex officio to an unconditional custodial sentence of more than six months; 7. submit the declaration of interests and connections referred to in the first paragraph of Article 236 of this Act. Article 236 (declaration of interests and links of a member of the Agency’s Board) (1) A candidate member of the Board of the Agency must make a declaration disclosing their interests and connections as a sole trader, the holder of equity interests in a company or a member of administrative and supervisory bodies of companies carrying out activities in the area of competence of the Agency or their suppliers of electronic communication equipment. In doing so, the declaration must disclose, in particular, information on the status of a sole trader, ownership interests in companies and membership of the administrative and supervisory bodies of those companies. The declaration shall also disclose any other circumstances which may affect the objective and impartial performance of the duties of a member of the Agency’s Board. (2) The member of the Board of the Agency shall forward the declaration referred to in the preceding paragraph to the Agency within 30 days of his/her appointment, to be published on the website. (3) In the event of any change in the interests and links referred to in the first paragraph of this Article, the member of the Board of the Agency shall inform the Agency, which shall publish it in the manner referred to in the preceding paragraph, immediately inform the Board of the Agency in writing and cease their work on matters for which such interests and links may affect the objective and impartial performance of their tasks. (4) If any member of the Board of the Agency assesses that there are links and interests of a member of the Agency’s Board referred to in paragraph 1 that they have not indicated as a candidate for a member of the Agency’s Board or of which they have not informed the Agency’s Board in accordance with the preceding paragraph, or of which they have informed the Agency in accordance with the preceding paragraph, but which could affect the objective and impartial performance of their duties, they shall propose that the Agency’s Board inform the Commission for the Prevention of Corruption. The decision-making process of the Board of the Agency on this proposal shall not be subject to the participation of the member of the Board of the Agency to whom those interests and connections relate. Before making a decision, the Board of the Agency shall seek the opinion of the member of the Agency’s Board on which the proceedings are pending. Article 237 (incompatibility) The members of the Board of the Agency may not be: 1. members of the bodies of political parties, 2. officials under the law governing the public sector wage system, 3. persons who are employed or are members of the administrative or supervisory body of a legal entity carrying out an activity in the field of responsibility regulated by the Agency, or who hold ownership interests in legal entities carrying out an activity in the field of responsibility regulated by the Agency, or who are members of the administrative or supervisory body in legal entities that have an ownership interest in such legal entities; 4. persons whose spouse, cohabiting partner and relative, in a straight line up to and including the second generation, are a member of the administrative or supervisory body of a legal entity that carries out an activity in the field of responsibility regulated by the Agency, or who hold ownership interests in legal entities carrying out an activity in the field of responsibility regulated by the Agency, or who are a members of the administrative or supervisory body in legal entities that have an ownership interest in such legal entities. Article 238 (competences and responsibilities of the Agency’s Board) (1) The Agency’s Board: 1. adopts its rules of procedure; 2. adopts the work programme, the financing plan and the annual report, 3. monitors the implementation of the work programme and the financial plan, 4. gives its consent to the statute adopted by the Director of the Agency, 5. proposes the dismissal of the Director of the Agency, 6. proposes a temporary prohibition of performing tasks of the Agency’s Director, 7. proposes the early dismissal of the members of the Board of the Agency. (2) Members of the Agency’s Board or persons authorised by the Agency’s Board may inspect the books as defined in the Slovenian Accounting Standards and the Agency’s accounting documents. (3) Members of the Board of the Agency shall protect the confidentiality of the Agency’s information in accordance with this Act and other laws within its scope, including trade secrets of other legal entities to which they have access in the performance of their tasks. (4) The Director shall at any time submit to the Agency’s Board, at its request, a report on the Agency’s operations and other information necessary for the Board of the Agency to exercise its responsibilities. (5) The Agency’s Board may propose that the Director improve the Agency’s operations, bring to the attention of the Agency any irregularities in the Agency’s operations, or inform the competent authorities thereof. (6) In the exercise of its powers under paragraph 1 of this Article, the Board of the Agency shall be without prejudice to the content and procedures for the adoption of other general and individual acts and recommendations of the Agency and the related professional tasks. Article 239 (early dismissal of a member of the Board) (1) A member of the Board of the Agency shall be dismissed early if: 1. this is required by themselves, 2. they no longer meet the conditions laid down by law for appointment, 3. if they permanently lose the opportunity to work, 4. the situation of incompatibility referred to in Article 237 of this Act arises, 5. if they have not performed their duties for more than six months. (2) Members of the Board of the Agency shall be dismissed early by an administrative decision of the Government, either on their own initiative or on a reasoned proposal from the Agency’s Board. (3) Where the dismissal of a member of the Board of the Agency is proposed by the Board of the Agency, the Board of the Agency shall adopt a reasoned proposal for the early dismissal of a member of the Agency’s Board in accordance with the procedure laid down in the Agency’s statutes. The member of the Board of the Agency whose dismissal is proposed may not take part in the early dismissal procedure. Before making a decision, the Board of the Agency shall seek the opinion of the member of the Board of the Agency whose dismissal is proposed. (4) Judicial protection in administrative proceedings is guaranteed against the dismissal decision. Article 240 (convening a meeting and decision-making of the Board of the Agency) (1) The Agency’s Board shall work and make decisions at least four times a year at meetings convened by the Chairperson of the Agency’s Board on their own initiative, at the request of at least two members of the Agency’s Board or at the request of the Director of the Agency. The request of the members of the Agency’s Board and the Director shall be specifically reasoned. (2) The Board of the Agency shall make its decisions after consulting the vote at its meeting. The decision shall be taken if a majority of all the members of the Agency’s Board vote in favour. Minutes of the meeting of the Agency’s Board shall be drawn up.  Article 241 (rights and obligations of the members of the Board of the Agency) (1) Members of the Board shall act impartially and diligently and with the due care of a good businessperson in their work and shall protect the business secrets of the Agency. (2) Members of the Board of the Agency are entitled to meeting allowances and reimbursement of other expenses in accordance with a government regulation issued on the basis of the act governing public agencies. Resources, working conditions and information shall be provided by the Agency. (3) The members of the Board shall be liable for any damage caused as a result of a breach of their duties. 1.3 Director of the Agency Article 242 (appointment of the Director and the Acting Director) (1) The Director of the Agency shall be appointed by the Government on a proposal from the Minister following an open competition. (2) The open competition shall be published on the Agency’s website and on the websites of the ministry responsible for administration and may also be published in daily newspapers or in the Official Gazette of the Republic of Slovenia. An open competition must be published no more than 90 days and at least 60 days before the end of the term of office of the current Director of the Agency. (3) The open competition on a proposal from the Minister shall be organised by a special competition committee appointed by the Council of Officials. (4) There is no appeal against the appointment decision, but judicial protection in administrative proceedings is guaranteed whereby the competent court discusses the case with priority. (5) If the Director dies, is dismissed or their term has expired and a new Director has not yet been appointed, the Government shall appoint an Acting Director without an open competition until the appointment of a new Director, but no more than six months. As regards the conditions for appointment and the grounds for early dismissal, the provisions of Articles 243 and 248 of this Act shall apply to the Acting Director. (6) In the event of a temporary prohibition from performing the duties of Director referred to in Article 249 of this Act, an acting director shall be appointed until the end of this measure.  Article 243 (term and conditions for appointment of the Director) (1) A person may be appointed a Director who: 1. is a citizen of the Republic of Slovenia, 2. is legally viable, 3. has at least an appropriate education obtained after second-level study programmes, or an education corresponding to the level of education obtained after second-level study programmes, and is ranked level 8 in accordance with the act governing the Slovenian qualifications framework, 4. has at least 10 years of professional experience in a post requiring the education referred to in the preceding point; 5. is a recognised expert in areas falling within the competence of the Agency, 6. has managerial, organisational and international experience, 7. has a higher level of English language proficiency, 8. has not been convicted of an intentional offence prosecuted ex officio, an unconditional custodial sentence of more than six months and has not been convicted of an offence against official duty, public authority and public funds by the force of res judicata; 9. is not the subject of criminal proceedings for an intentional offence which is prosecuted ex officio; 10. meets the requirements of Articles 244 and 245 of the Act, 11. submits the declaration of interests and links referred to in the first paragraph of Article 246 of this Act. (2) The Director shall be appointed for a term of five years and may be reappointed following a prior open competition. (3) Subject to the provisions of the third paragraph of Article 231 of this Act, the Government shall conclude an employment contract with the Director, which shall also specify the expected objectives and results of the Director. Article 244 (operation of other activities and conflicts of interest) (1) All public employees of the Agency are subject to restrictions on the exercise of other activities and conflicts of interest, as provided for by the act governing public employees. (2) The Director and his/her deputies, their spouse or cohabiting partner and straight-line relatives up to and including the second generation may not: 1. carry out, as a natural person, activities in an area which is subject to be regulated by the Agency, 2. be members of the administrative or supervisory body of a legal entity carrying out an activity in the field of responsibility regulated by the Agency, 3. hold ownership interests in legal entities engaged in an activity within the field of responsibility regulated by the Agency or in legal entities having an ownership interest in such legal entities. Article 245 (business restriction) (1) The Director and their deputies may not: 1. as a natural person, cooperate in business with natural or legal entities which carry out activities in the field of responsibility regulated by the Agency, 2. be members of the administrative or supervisory body of a legal entity which cooperates commercially with natural or legal entities carrying out an activity in the field of responsibility regulated by the Agency, 3. hold ownership interests in legal entities that cooperate commercially with natural or legal entities engaged in an activity in the field of responsibility regulated by the Agency, or in legal entities having an ownership interest in such legal entities. (2) The prohibited business cooperation referred to in the preceding paragraph shall not include business cooperation due to the use of publicly available services provided by natural or legal entities which carry out an activity in the field of responsibility regulated by the Agency. Article 246 (declaration of interests and connections of the candidate to be appointed as Director) (1) The candidate director must make a declaration disclosing his/her interests and links as a sole trader, the holder of a shareholding in the company or a member of the administrative and supervisory bodies of entities which carry out activities in the field of responsibility regulated by the Agency or which are their suppliers of electronic communication equipment. In doing so, the declaration must disclose, in particular, information on the status of a sole trader, on ownership interests in companies and on membership of the administrative and supervisory bodies of those companies. The declaration shall also disclose any other circumstances which may affect the objective and impartial performance of duties. (2) The Director shall forward the declaration referred to in the preceding paragraph to the Agency within 30 days of his/her appointment, for the declaration to be published on the website. (3) In the event of any change in the interests and links referred to in the first paragraph of this Article, the Director shall inform the Agency, which shall publish it in the manner referred to in the preceding paragraph, immediately inform the Board of the Agency and the Government in writing and shall terminate their work on matters for which such interests and links may affect the objective and impartial performance of their duties. (4) If any member of the Board of the Agency assesses that there are links and interests of the Director referred to in the first paragraph of this Article which they have not indicated as a candidate for the Director or of which they have not informed the Agency’s Board and Government in accordance with the preceding paragraph, or of which they have informed the Agency’s Board and the Government in accordance with the preceding paragraph, they shall propose that the Board of the Agency inform the Commission for the Prevention of Corruption of the Republic of Slovenia. Before making a decision, the Board of the Agency shall seek the opinion of the Director. The Commission for the Prevention of Corruption may also inform the Government if it considers that such links and conflicts of interest of the Director exist. Article 247 (competences and responsibilities of the Director of the Agency) (1) The Director of the Agency shall: 1. represent the Agency, 2. direct its operations and organise its work and adopt the Agency’s statute, 3. conduct proceedings and give powers to conduct proceedings in matters falling within the Agency’s competence, 4. issue individual acts and adopt general acts and recommendations falling within the Agency’s competence, 5. protect the confidentiality of the Agency’s information in accordance with this Act and other laws within its scope, including trade secrets of other legal entities to which it has access in the performance of its tasks, 6. prepare and submit for adoption to the Agency’s Board proposals for work programmes, financial plans and annual reports and cooperate with the Agency’s Board in accordance with their respective competences, 7. cooperate with the consultative councils in the Agency’s field of activity, in accordance with their respective competences. (2) The Director may appoint up to two alternates from among the Heads of Sector of the Agency who, in the absence of the Director and in the event of termination of service referred to in the third paragraph of the preceding Article, shall direct and represent the Agency on the basis of his/her authority. (3) The Director shall be liable to the Agency for any damage caused by their wilful or unlawful conduct in accordance with the general rules on liability. Article 248 (early dismissal of the Director) (1) The Director shall be dismissed early only if: 1. the Director requests such an action, 2. the Director no longer meets the conditions for appointment referred to in the first paragraph of Article 243 of this Act, except for the condition referred to in point 9 of the first paragraph of Article 243 of this Act, 3. the Director permanently loses the ability to work in that capacity 4. the Agency fails to make a decision within the statutory time limits, whereby the Director of the Agency does not remedy this deficiency in the Agency’s operations within the time limit set by the Agency’s Board, despite the fact that the Agency’s Board has warned them in writing at least three times within one year of delays in its decision-making, and at least two months have elapsed between the warnings and, at the same time, at the third warning, it has set an additional period of at least three months to remedy this delay. (2) The Director may also be dismissed early if, in accordance with its powers under the act governing the Court of Audit, the Court of Audit of the Republic of Slovenia makes a call for dismissal, including if it makes a call for dismissal on grounds of delay by the Agency in its decision-making within the statutory time limits. (3) The Director shall be dismissed by the Government on its own initiative or on a proposal from the Agency’s Board, if the reasons referred to in paragraphs 1 and 2 exist. (4) The reasons for early dismissal must be notified to the Director and the latter be given the opportunity to be heard. (5) The Government shall dismiss the Director by means of an administrative decision stating the reasons for its decision. (6) There shall be no appeal against the decision referred to in the preceding paragraph, but judicial protection in the administrative dispute shall be ensured, with the competent court giving priority. (7) Information on the dismissal of the Director shall be made public by the Government. If this information does not contain a statement of reasons for the dismissal, the Government shall, at the request of the dismissed Director, make the decision referred to in paragraph 5 publicly available in full on its website. (8) The dismissed Director who had a contract of employment prior to their appointment in the Agency shall be assigned to a vacant post in the Agency corresponding to their professional capacity for the period for which they were contracted. In the absence of such a post, the Government shall, in accordance with the act governing employment relationships, terminate the employment contract in accordance with the provisions on regular dismissal. (9) If the Director is dismissed early because they no longer meet the conditions for their appointment referred to in points 8 or 10 of the first paragraph of Article 243 of this Act, it is a dismissal for fault reasons and a dismissal on grounds of fault in accordance with the law governing employment relationships. Article 249 (temporary suspension of the Director) (1) The Government shall, on its own initiative or on a proposal from the Agency’s Board, decide by administrative decision on a temporary suspension from the Director’s duties if they: 1. in respect of their work, criminal proceedings have been initiated for reasonable suspicion of having committed an offence referred to in Articles 257, 257.a, 261 or 263 of the Criminal Code (Official Gazette of the Republic of Slovenia Nos 50/12 — official consolidated text, 6/16 — corr., 54/15, 38/16, 27/17 and 23/20); or 2. a final indictment for an intentional offence prosecuted ex officio, for which a custodial sentence of at least six months is imposed as the main penalty. (2) In the cases referred to in the first paragraph of this Article, the Director shall be temporarily suspended and at the same time shall be offered a contract of employment for another post in the Agency. Only in cases where the legality of the Agency’s operations or the impartiality of its decision-making cannot be otherwise ensured shall the Director’s powers be suspended and at the same time shall they be prohibited from working in the Agency. (3) The temporary suspension of the Director referred to in the first paragraph of this Article shall last until: 1. the Government’s final decisions on dismissal, 2. the expiry of their term of office; or 3. finality of criminal proceedings. (4) The reasons for the temporary suspension of the Director shall be communicated to the Director and the latter shall be given the opportunity to be heard. (5) The Government shall decide on the temporary suspension of the Director by means of an administrative decision against which judicial protection in administrative proceedings is ensured. (6) If the Director is temporarily completely prohibited from working in the Agency, they shall, during the period of prohibition, be entitled to 50 % of the basic salary they would have received for performing the duties of Director of the Agency. If the Director is offered a contract of employment for another post in the Agency and accepts it, they shall be entitled to the remuneration for that post during that period. If they reject such an offer, they shall not have the right referred to in this paragraph. (7) If proceedings for an offence referred to in the first paragraph of this Article are finally concluded before a criminal court in such a way that there is no basis for dismissal of the Director under this Act, the consequences of the measure referred to in the first paragraph of this Article shall be annulled on the date on which the judicial decision becomes final. 1.4 Operations of the agency Article 250 (number of employees) In order to carry out its responsibilities, the Agency shall determine in its work programme an appropriate number of staff in accordance with its work needs. Article 251 (employee salaries) The salaries of the Agency’s staff are subject to regulations governing the public sector wage system. Article 252 (financing of the Agency) The Agency shall be financed exclusively by revenue from payments provided for in this Act and other acts in the fields of its activity. Article 253 (procedure for the adoption of the work programme and financial plan) (1) By 31 May of the current year, the ministries responsible for the Agency’s respective fields of activity may send the Agency strategic guidelines for the preparation of the work programme and financial plan for the following calendar year. (2) By 31 July of the current year, the Agency shall submit the draft work programme and financial plan for the following calendar year for public consideration in accordance with Article 269 of this Act. (3) By 30 September of the current year at the latest, the Director shall submit for adoption to the Agency’s Board a proposal for the work programme and a financing plan for the following calendar year. (4) The Agency’s Board shall, by 31 October of the current year, submit the adopted work programme for information and the financing plan to the Government for agreement. Article 254 (supervision of the Agency’s work) (1) The Agency’s statute shall be approved by the Government. (2) The Government shall agree to the Agency’s financial plan. (3) The Agency must keep its accounts separately in accordance with its fields of regulation in accordance with the law governing accounting and the regulations issued on the basis thereof. The financial statements and the management report of the Agency shall be examined by an approved auditor. The auditor must also agree to the division of overheads into separate areas. (4) The Agency is required to draw up an annual report, to which the Government gives its consent, and informs the National Assembly of these reports. The annual report shall consist of a work report and a management report. (5) Supervision of the legality of the Agency’s work is carried out by the ministry responsible for the specific field of work in which the Agency operates. This supervision shall not extend to the possibility of prejudicing the content of general or specific legal acts issued by the Agency in connection with the exercise of its competences under this or other laws in its fields of activity. (6) The audit of the legality, purpose, and efficient and effective use of the Agency’s resources is carried out by the Court of Auditors. The Court of Audit shall publish a report on its supervision on its website. (7) The ministry responsible for administration shall supervise the implementation of the administrative procedure regulations. Article 255 (procedure before the Agency) (1) The Agency shall conduct the procedure and issue decisions and other individual acts in accordance with the act governing the general administrative procedure, unless otherwise provided for in this Act. Where this Act provides that a decision or other individual act is to be issued following an invitation to tender, the Agency shall carry out a public tender procedure under this Act before initiating the administrative procedure. (2) To make decisions in individual cases, the Director may delegate a person in the Agency who fulfils the conditions for decision-making in the general administrative procedure. (3) A decision or other individual act of the Agency issued in the course of an administrative procedure shall be final unless otherwise provided for in this or another act in its field of activity. (4) Only extraordinary legal remedies under the act governing the general administrative procedure for which the Agency is competent shall be allowed against a decision or other individual act of the Agency referred to in the preceding paragraph. (5) The Agency itself carries out the administrative enforcement of its enforceable decisions and may impose appropriate fines and apply the coercive measures prescribed by the act governing the general administrative procedure. Administrative enforcement of pecuniary obligations shall be carried out by the tax authority in accordance with the procedure laid down for the enforcement of tax liabilities. Article 256 (judicial protection) (1) Judicial protection against final decisions or other individual acts of the Agency is guaranteed in accordance with the act governing the administrative dispute. (2) An action in an administrative dispute against acts issued by the Agency pursuant to this Act shall be brought before the Administrative Court of the Republic of Slovenia in Ljubljana. The dispute is decided by an administrative court with its seat in Ljubljana. (3) Proceedings relating to actions issued on the basis of the provisions of Chapter IX of this Act shall be of priority. Article 257 (collection of information relating to proceedings before the Administrative Court) (1) The Administrative Court collects data on the number and general subject matter of administrative actions, the length of proceedings before the Court from the lodging of the action to the final court decision, and the number of decisions on interim orders issued by the Court in relation to electronic communications. (2) The Administrative Court shall send the data referred to in the preceding paragraph for the current year to the ministry responsible for justice by 31 January of the following year. (3) The ministry responsible for justice shall forward the information received to the European Commission and BEREC upon their reasoned request.  2. Objectives of the Agency in the field of electronic communications Article 258 (general objectives and principles) (1) In carrying out its tasks, the Agency shall take all measures appropriate to achieve the objectives set out in Articles 259 to 261 of this Act, whereby the measures must be proportionate to the objectives pursued. (2) Measures adopted by the Agency shall be technologically neutral as far as possible, unless otherwise provided for in the provisions of this Act and in accordance with the adopted implementing regulations governing radio spectrum. (3) Within the scope of its competences, the Agency must contribute to the implementation of policies aimed at promoting freedom of expression and information, cultural and linguistic diversity and media pluralism. (4) The Agency and other state authorities shall, where appropriate, assist the European Commission in setting benchmarks and reporting on the performance of EU Member States to achieve the objectives set out in Articles 259 to 261 of this Act. Article 259 (promoting competition, connectivity and access to very high capacity networks) (1) The Agency shall promote effective competition in the provision of electronic communications networks and associated facilities, including effective infrastructure competition, and the provision of electronic communications services and associated services. (2) The Agency and the Ministry promote connectivity and access to and use of very high capacity networks, including fixed, mobile and wireless networks for citizens and businesses in the EU. Article 260 (promoting the development of the internal market) The Agency shall contribute to the development of the internal market, inter alia, by: 1. removing remaining barriers and allowing harmonised conditions for the investment in and provision of electronic communications networks, associated facilities and services and electronic communications services at EU level; 2. favouring the effective, efficient and coordinated use of radio spectrum, open innovation, the establishment and development of trans-European networks, the provision, availability and interoperability of pan-European services and end-to-end connectivity, 3. contributing to the development of common rules and predictable regulatory approaches.  Article 261 (supporting citizens’ interests) The Agency shall promote the interests of citizens, inter alia, by: 1. promoting connectivity and the general availability and use of very high capacity networks, including fixed, mobile and wireless networks, and electronic communications services, 2. maximising the benefits of choice, price and quality on the basis of effective competition, 3. ensuring high and uniform end-user protection through specific sectoral rules, 4. ensuring the possibility of choice and equivalent access for disabled end-users, 5. ensuring a high level of consumer protection when dealing with operators, in particular by providing for a simple dispute resolution procedure, addressing the needs of specific social groups, in particular disabled users, elderly users and users with special social needs, 6. ensuring that the integrity of public communications networks and the security of those networks and public communications services are maintained, 7. promoting the preservation of the open and neutral character of the Internet. Article 262 (regulatory principles) In pursuing the objectives set out in Articles 258 to 261 of this Act, the Agency shall apply impartial, objective, transparent, non-discriminatory and proportionate regulatory principles, such as: 1. promoting regulatory predictability by implementing a consistent regulatory approach during appropriate review periods and by cooperating with other national regulatory authorities and other competent authorities, BEREC, RSPG and the European Commission, 2. ensuring that, in similar situations, there is no discrimination in the treatment of natural and legal entities providing electronic communications networks and services, 3. applying the regulations in a technologically neutral manner, in so far as this is consistent with the achievement of the objectives set out in Articles 258 to 261 of this Act, 4. promoting efficient investment and innovation in new and improved infrastructures, including by ensuring that all access obligations take due account of the risk taken by the investing companies and by allowing for different cooperation arrangements between investors and parties seeking access to diversify investment risk while ensuring that competition in the market and the principle of non-discrimination are maintained, 5. taking due account of the different conditions of competition and users existing in different geographical areas of the country, including local infrastructure used by natural entities on a non-profit basis, 6. imposing ex ante regulatory obligations only in the absence of effective and sustainable competition and by relaxing and removing those obligations as soon as this condition is met. Article 263 (independence of action) The Agency should exercise its responsibilities in the field of electronic communications independently of natural and legal entities providing electronic communications networks or providing electronic communications services. 3. Responsibilities of the Agency in the field of electronic communications Article 264 (official records) (1) The Agency shall keep official records of: 1. operators, 2. holders of decisions on the assignment of radio frequencies, 3. holders of decisions granting numbering elements, 4. holders of radio amateur licences. (2) The official records referred to in the preceding paragraph shall be kept by the Agency as an interconnected computerised database. (3) In the official register of operators, the Agency shall keep the following information: 1. name, address, tax number for natural persons, 2. company name, registered office, registration number, registration number for legal entities, 3. on the notification, a public communications network or a public communication service, 4. the date of commencement, modification or termination of the provision of public communications networks and the provision of public communications services, 5. on the decision decreeing that an operator has significant market power, 6. information on the settlement of obligations of operators arising from this Act, 7. information on punishment for violations of the provisions of this Act. (4) In the official record of holders of decisions on the allocation of radio frequencies, the Agency shall keep the following information: 1. name, address, tax number for natural persons, 2. company name, registered office, registration number, registration number for legal entities, 3. information on a decision on the assignment of radio frequencies, an electronic communications network or an electronic communications service for which an assigned radio frequency is used, the date of expiry of this decision and the other data referred to in this decision, 4. on a settlement of the obligations of the holder of the decision on the assignment of radio frequencies arising from this Act, 5. on penalising the holder of the decision on the assignment of radio frequencies for infringements of the provisions of this Act. (5) In the official register of holders of decisions granting numbering elements, the Agency shall keep the following data: 1. name, address, tax number for natural persons, 2. company name, registered office, registration number, registration number for legal entities, 3. the decision to award the numbering elements, the electronic communications network or the electronic communications service to which the assigned numbering elements apply, the date of expiry of this Decision and the other data contained therein, 4. information on the settlement of the obligations of the holder or holders of decisions granting numbering elements arising from this Act, 5. on penalising holders of decisions on the assignment of numbering elements for infringements of the provisions of this Law. (6) In the official records of holders of radio amateur licences, the Agency shall keep the following information: 1. name, address, tax number for natural persons, 2. company name, registered office, registration number for legal entities, 3. information on the assigned call sign. (7) The Agency may also extract the data referred to in this Article from official records of other state authorities and directly by electronic means. (8) The Agency shall keep the data referred to in the third paragraph of this Article for as long as the operator provides public communications networks or provides public communications services on the basis of this Act, and thereafter keep them permanently. The data referred to in the fourth and fifth paragraphs of this Article shall be kept by the Agency for as long as the natural or legal entity has the right to use radio frequencies or to use numbers, and thereafter be kept permanently.  Article 265 (obligation to provide data and information to the Agency) (1) All natural and legal entities providing electronic communications networks or providing electronic communications services, associated facilities or associated services shall make available to the Agency, upon written request by the Agency, all data and information at their disposal, including documents and financial information necessary for the Agency to exercise its competences under this Act, including: 1. systematic or individual verification of compliance with requirements related to the efficient use of radio frequencies or numbering elements, contributions to the financing of universal service or notification payments, for the use of radio frequencies, for the use of numbering elements or payments for the efficient use of a limited natural resource, 2. individual verification of compliance with the provisions of this Act or individual acts of the Agency, 3. assessments of the security of operators’ services and networks, including documented security policies; 4. dispute settlements under the provisions of this Act, 5. the implementation of procedures relating to applications for the granting of rights to use limited resources under this Act, 6. publication of comparative reviews of the quality and price of services for the benefit of consumers, 7. clearly defined statistical purposes, 8. analyses of the relevant markets and the conducting of other powers in the field of competition, 9. the exercise of its powers in the field of construction, including inquiring about the announcements of network deployments referred to in Articles 18 and 19 of this Act, 10. safeguards of the efficient use of radio spectrum and numbering elements and the ensuring of their effective management, 11. assessments of the future development of networks or services that could affect wholesale services available to competitors, territorial coverage, connectivity available to end-users or area designation in accordance with the third paragraph of Article 18 of this Act, 12. replies to reasoned requests for information from BEREC. (2) With regard to rights of use for radio spectrum, the data and information referred to in the preceding paragraph shall relate in particular to the efficient and effective use of radio spectrum and the fulfilment of the obligations relating to the coverage and quality of services related to rights of use for radio spectrum and their verification. (3) In the exercise of the powers referred to in the first paragraph of this Article, the Agency shall, in particular, have the right to require the natural and legal entities referred to in the preceding paragraph to provide information and data on future network or services development if this could affect wholesale services that they make available to competitors, as well as data and information on electronic communications networks and associated facilities, which are disaggregated at local level and are sufficiently precise to enable the performance of tasks in accordance with Articles 18 and 19 of this Act. The Agency may also require operators with significant market power in wholesale markets to submit accounting data on retail markets related to those wholesale markets. (4) The Agency may request from other regulatory authorities or other competent authorities such data and information as is necessary for the exercise of its responsibilities. (5) The data and information required must be proportionate to the purpose for which they are to be used. The Agency shall specify in the request the purpose of the use of the requested data and information and shall consider it in accordance with the fourth paragraph of Article 266 of this Act. (6) The entities referred to in the first paragraph of this Article shall submit data and information to the Agency free of charge and to the extent and without delay or within the time limit specified in the Agency’s request. The lack of timely communication of data and information and the communication of incorrect, incomplete data or information contrary to the Agency’s request shall be considered a breach of the duty to provide the data and information requested. (7) The provisions of this Article shall also apply to other undertakings operating in the electronic communications sector or related sectors if, on the basis of the data and information collected in accordance with the first paragraph of this Article, the Agency is unable to perform its tasks satisfactorily in accordance with this Act and EU regulations. (8) The Agency may not request data and information already requested by BEREC pursuant to Article 40 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency to Support BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ L 321 of 17. 12. 2018, p. 1) and made them available to the Agency. Article 266 (transmission and handling of data) (1) The Agency shall provide the European Commission, upon its reasoned request, with the data and information referred to in the preceding Article which is necessary for the European Commission to carry out its tasks and which shall be proportionate to the performance of those tasks. (2) If the Agency has previously obtained the requested data and information from a specific entity referred to in the first or seventh paragraphs of the preceding Article or from a body referred to in the fourth paragraph of the preceding Article, it shall inform that entity or body before the transmission of such data and information and explain that the European Commission may also transmit such data and information to other regulatory authorities. If that entity or body has reason to object that such data and information will be transferred to other regulatory bodies, the Agency must inform the European Commission thereof. (3) The Agency may make data and information obtained from entities referred to in paragraphs 1 or 7 of the preceding Article or bodies referred to in the fourth paragraph of the preceding Article available to other regulatory authorities or other competent authorities, BEREC and other competent international organisations upon their reasoned request, provided that they are necessary for the performance of their tasks and are proportionate to the performance of these tasks. Other regulatory authorities and other competent authorities must ensure that their confidentiality is maintained. (4) When transmitting and using confidential data and information, including data and information collected in the performance of tasks in accordance with Articles 18 and 19 of this Act, the Agency shall ensure that their confidentiality is maintained. Confidential data and information obtained by the Agency from another regulatory authority may only be used for the purpose for which it has been requested. (5) The Agency shall publish on its website the data and information it collects which contribute to the openness and competitiveness of the market in accordance with the act governing access to public information, the act governing professional secrecy and the act governing the protection of personal data and in accordance with the EU regulations on business confidentiality and the protection of personal data. (6) The Agency shall, by means of a general act, lay down detailed arrangements for the implementation of the previous and this Article. In so doing, it shall in particular regulate the manner in which data and information are collected, the protection of business secrets and the means of access to the publications referred to in the preceding paragraph. Article 267 (application of standards and specifications) (1) In order to provide services, technical interfaces and network functions and where strictly necessary to ensure interplay between services, end-to-end connectivity, facilitate switching of providers and portability of numbering elements and improve choice for users, the Agency and other competent national authorities shall promote the use of standards and specifications included in the list of optional standards and specifications drawn up by the European Commission and published in the Official Journal of the EU. (2) Pending the publication of standards and specifications in accordance with the preceding paragraph, the Agency and other competent state authorities shall promote the use of standards and specifications adopted by European standards organisations, such as the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI). (3) In the absence of standards and specifications referred to in the preceding paragraph, the Agency and other competent state authorities shall encourage the introduction of international standards or recommendations adopted by the International Telecommunication Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Organisation for Standardisation (ISO) or the International Electrotechnical Commission (IEC). (4) No standard or specification referred to in this Article shall prevent access which, where practicable, may be required under this Act. Article 268 (internet neutrality) (1) The Agency shall promote the preservation of the open and neutral character of the Internet and the option to access and disseminate information and use applications and services of the end-user’s own choice. (2) Network operators and providers of internet access services shall make every effort to preserve the open and neutral character of the Internet by not restricting, delaying or slowing down internet traffic at the level of individual services or applications, treating them unequally or implementing measures to devalue them, except in the event of: 1. emergency measures in the event of a threat situation in accordance with Article 123 of this Act, 2. urgent measures to limit unwanted communications in accordance with Article 226 of this Act, 3. court rulings. (3) The measures referred to in points 1 and 2 of the preceding paragraph shall be proportionate, non-discriminatory, and limited in time and to the extent strictly necessary. 4. Admission of the public in electronic communications Article 269 (public impact) (1) The Agency and other public authorities must obtain and take due account of the views of the interested public when formulating policy in the electronic communications market before adopting measures that will have a significant impact on that market and when adopting regulations and strategy papers. (2) Before adopting the acts, regulations and strategic documents referred to in the preceding paragraph, the Agency and other state authorities shall publish and collect opinions within a published deadline, which may not be shorter than 30 days. (3) After the expiry of the period referred to in the second paragraph of this Article and before the adoption of the act, regulation or strategy document referred to in the first paragraph of this Article, the Agency or other state authority shall publish on the website the opinions and comments obtained and indicate in the publication the manner in which they were taken into account or the reasons why they were not taken into account. In doing so, information and data which are confidential shall not be made public. (4) The state authorities shall inform the Agency of their public consultations referred to in the second paragraph of this Article. The Agency shall publish a link to the public consultation of these authorities on its website. (5) All information and documents referred to in this Article shall be published on websites accessible to end-users with disabilities in accordance with the act governing the accessibility of websites and mobile applications. Article 270 (disclosure of the Agency’s activities) (1) The operation of the Agency shall be public. (2) The Agency’s work programme, its financial plan and annual report and the annual report on the state of the electronic communications market shall be published on the Agency’s website. (3) In order to implement the provision of paragraph 1, the Agency shall specify in its statute: 1. the rules relating to the procedure for collecting opinions pursuant to the preceding Article of this Act, specifying at least the manner and location of publication of the acts referred to in the first paragraph of the preceding Article of this Act and the results of the consultation and the form of the adoption of opinions by the interested public, 2. the means of access to the data and information to be published by the Agency and other public data and information, 3. the form of cooperation with representatives of consumer and disability organisations and organisations of other users of public communications services. (4) The Agency shall provide public information in accordance with the act governing access to public information. (5) Notwithstanding the provisions of the preceding paragraph, the information exchanged by the parties in the transmission procedures referred to in Article 285 of this Act shall be exempt from access, unless the parties concerned expressly agree with the disclosure of this information. Article 271 (publication of data and information) (1) The Agency shall publish on its website data and information on at least: 1. contracts concluded for the interconnection of operators with significant market power, 2. sample tenders from those network operators which they are required to formulate and publish, 3. calculation of compensation and costs for the provision of universal service, 4. decisions on rights to use radio frequencies and numbering elements, 5. amateur radio licences issued, 6. the intended and implemented transfer of the right to use radio frequencies and numbering elements, 7. public calls for opinions from the interested public pursuant to this Act, 8. invitations to tender conducted by the Agency pursuant to this Act, 9. decisions relating to disputes between natural and legal entities providing electronic communications networks or services, 10. decisions relating to disputes between natural and legal entities providing electronic communications networks or services and end-users, 11. completed control procedures, 12. strategies adopted pursuant to this Act. (2) The Agency shall promote on its website information to raise user awareness of the existence and importance of emergency communications numbers and other social value- added telephone numbers, starting with 116. (3) The Agency shall publish on its website a link to information on the conditions and procedures for granting the authorisations necessary for the deployment of electronic communications networks published in the information system for business support, managed by the ministry responsible for public administration, and to the records referred to in the first paragraph of Article 15 of this Act. (4) Without prejudice to the method of publication referred to in the first paragraph of this Article, the Agency shall ensure publication by other means, if provided for by another act. (5) When publishing data and information, the Agency shall take due account of the prohibition on disclosure of trade secrets and personal data.  5. Cooperation of the Agency with other authorities in the field of electronic communications 5.1 Role of the European Commission and BEREC Article 272 (obligation to follow the recommendations of the European Commission) In carrying out its tasks, the Agency shall take into account the recommendations of the European Commission issued to harmonise the application of the provisions of the directives referred to in the second paragraph of Article 2 of this Act. If the Agency decides not to follow the recommendations, it shall inform the European Commission thereof and give reasons for its position. Article 273 (taking into account BEREC’s opinions and positions) The Agency shall support and take utmost account of BEREC’s opinions and common positions in promoting better regulatory coordination and greater coherence and when making decisions regarding its national markets. 5.2 Cooperation of the Agency with other regulatory authorities, the European Commission and BEREC Article 274 (cooperation and consultation) (1) In order to ensure the coherent application of the European regulatory framework for electronic communications, the Agency shall cooperate with other regulatory authorities, the European Commission and BEREC. The Agency may, inter alia, submit a reasoned request to BEREC to carry out a transnational demand analysis in accordance with the first paragraph of Article 66 of Directive (EU) 2018/1972. (2) The Agency must consult other regulatory authorities, the European Commission and BEREC before adopting a measure that could affect trade between EU Member States and which involves: 1. the determination of the relevant market, or 2. the market analysis procedure, or 3. imposition, amendment or withdrawal of certain obligations under the competition chapter. (3) To this end, the Agency shall communicate the reasoned draft measure referred to in the preceding paragraph with the notification to other regulatory authorities, the European Commission and BEREC, giving them the opportunity to communicate their comments within one month. (4) The Agency shall carry out the consultation referred to in the second paragraph of this Article after the end of the consultation with the interested public referred to in Article 269 of this Act and shall also submit the opinions and comments already obtained to the other regulatory authorities, the European Commission and BEREC, unless otherwise specified in the European Commission’s recommendations or guidelines defining the format, timing, content and detailed information relating to the notification referred to in the preceding paragraph and the circumstances in which notification is not required. (5) After the expiry of the period referred to in the third paragraph of this Article, the Agency may adopt a draft measure, taking into account, as far as possible, comments received from other regulatory authorities, the European Commission and BEREC. (6) The Agency may withdraw the draft measure at any time. (7) The Agency shall communicate any final measures taken as referred to in paragraph 2 of this Article to the European Commission and BEREC. Article 275 (cooperation and consultation procedure prior to the adoption of a measure relating to the determination of the relevant market or the market analysis procedure) (1) If, within the one-month period referred to in the third paragraph of the preceding Article, the European Commission notifies that a proposed draft measure referred to in points 1 or 2 of paragraph 2 of the preceding Article would impede the functioning of the single market or that it has serious doubts as to its compatibility with the applicable EU legislation, the Agency shall postpone the adoption of the proposed measure for additional two months. (2) If, within that period, the European Commission adopts a decision requiring the Agency to withdraw the draft measure, the Agency shall amend or withdraw the draft measure within six months of the decision of the European Commission being issued. If the draft measure is amended, the Agency shall, in accordance with the procedures referred to in Article 269 of this Act, initiate a public consultation and notify the draft measure to the European Commission again in accordance with the provision of the second paragraph of the preceding Article. Article 276 (cooperation and consultation procedure prior to the adoption of a measure concerning the imposition, amendment or withdrawal of certain obligations) (1) If, within the one-month period referred to in Article 274(3) of this Act, the European Commission notifies that the proposed measure referred to in Article 274(2)(3) of this Act would impede the functioning of the single market or that it has serious doubts as to its compatibility with applicable EU law, the Agency shall postpone the adoption of the proposed measure for additional three months. (2) Over a period of three months, the Agency shall work closely with the European Commission and BEREC to identify the most appropriate and effective measure in the light of the objectives pursued in the internal market for electronic communications. (3) During the period referred to in the preceding paragraph, the Agency may amend or withdraw the proposed measure, taking the utmost account of the communication of the European Commission and any opinion or advice of BEREC, or may maintain the proposed measure. (4) If, after the expiry of the three-month period referred to in the second paragraph of this Article, the European Commission issues a recommendation that the Agency amend or withdraw the proposed measure, the Agency shall, within one month, take the final action on the basis of that recommendation and communicate it to the European Commission and BEREC. The period of one month may be extended if this is necessary for the re-opening of the public consultation. (5) Notwithstanding the provision of the preceding paragraph, the Agency may decide not to follow the recommendation of the European Commission and not to amend or withdraw the proposed measure, which shall be duly reasoned. Article 277 (notification of emergency and extraordinary measures) (1) If necessary for the immediate protection of competition or users’ rights, the Agency may, exceptionally, without consultation in accordance with the second to fourth paragraphs of Article 274 and the first paragraph of Article 275 of this Act, adopt a provisional measure which shall be proportionate to the objectives pursued. The Agency shall immediately transmit the provisional measure, together with all the reasons for its adoption, to other regulatory authorities, the European Commission and BEREC. (2) If the Agency wishes to convert the provisional measure referred to in the preceding paragraph into a permanent measure or extend its validity, it shall comply with the second to fourth paragraphs of Article 274 and the first paragraph of Article 275 of this Act. Article 278 (peer review forum) (1) Where the subject of an invitation to tender is the award of radio frequencies for which harmonised conditions of use for wireless broadband networks and services have been laid down in accordance with Decision 676/2002/EC, the Agency shall inform the RSPG at the time of publication of the draft invitation to tender indicating whether or when it will request the convening of a peer review forum. (2) During the forum referred to in the preceding paragraph, the Agency shall explain how the draft call for tenders is intended to: 1. support the development of the internal market and the cross-border provision of services, maximise consumer benefits and achieve the objectives set out in Articles 258 to 262 of this Act, as well as the objectives set out in Chapter V of this Act, in Decision No 676/2002/EC and in Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21. 3. 2012, p. 7), 2. ensures the effective and efficient use of radio spectrum, 3. ensures stable and predictable investment conditions for existing and potential radio spectrum users when deploying networks for the provision of electronic communications services based on radio spectrum. (3) The Agency may request the RSPG to adopt a report on the fulfilment of the objectives referred to in the preceding paragraph and on the presentation of the opinions exchanged in the forum. (4) The Agency may request the RSPG to adopt an opinion on the draft invitation to tender via the forum. 5.3 Cooperation of the Agency and other competent national authorities or public sector organisations Article 279 (general) (1) Where other national authorities are responsible for a specific area for which the Agency is responsible under this Act, the Agency and the other competent national authorities must cooperate with and consult each other. (2) The authorities referred to in the preceding paragraph shall also cooperate with other regulatory authorities and competent authorities of other EU Member States in order to promote regulatory cooperation in the exercise of their competences. Article 280 (cooperation of the Agency with the competition protection authority) (1) The Agency and the competition protection authority shall exchange the data and information necessary for the exercise of their respective competences. In doing so, they must maintain a degree of confidentiality and comply with data protection regulations. (2) The data and information referred to in the preceding paragraph shall be limited to what is appropriate and proportionate to the purpose for which the exchange takes place. (3) In analysing the relevant markets and determining significant market power under this Act, the Agency shall cooperate with the competition protection authority, without prejudice to its exclusive decision-making powers in this field.  Article 281 (cooperation with the Information Commissioner) The Information Commissioner may request the Agency to participate in the procedures under this Act. XIV. DISPUTE SETTLEMENT Article 282 (competence to settle disputes) (1) The Agency shall settle disputes between operators in the electronic communications market in the Republic of Slovenia, such as: 1. disputes between natural and legal entities providing electronic communications networks or services, or disputes between natural and legal entities providing electronic communications networks or services, and between providers of associated facilities, insofar as disputes relate to rights and existing obligations established by this Act, regulations issued on the basis thereof, general and individual acts (interoperative disputes), 2. disputes between natural and legal entities providing electronic communications networks and services and end-users, insofar as disputes relate to the rights and obligations established by this Act, the regulations issued on the basis thereof, and the rights and obligations arising from contracts for the provision of electronic communications networks or services (end-user disputes), 3. disputes between multiplex operators and disputes between multiplex operators and content providers. (2) Disputes between natural and legal entities providing electronic communications networks or services and other natural and legal entities that benefit from an obligation of access or interconnection imposed or agreed pursuant to this Act or a general or individual act of the Agency issued on the basis thereof shall be resolved as inter-operating disputes. (3) Disputes by end-users referred to in the second point of the first paragraph of this Article shall also include disputes concerning terminal equipment owned and controlled by the operator that is necessary for the provision of the services specified in the subscription contract. The Agency shall not resolve disputes regarding the purchase of terminal equipment and the enforcement of factual defects of terminal equipment. (4) The settlement of disputes referred to in the preceding paragraphs shall be without prejudice to any jurisdiction.  Article 283 (dispute settlement procedure) (1) The Agency shall settle the dispute by mediation in accordance with the provisions of the procedure referred to in Article 285 of this Act. (2) If a dispute cannot be resolved by mediation because one of the parties objects to the Agency’s intervention or does not lead to a settlement or agreement between the parties, the Agency shall continue the dispute settlement procedure and, after an oral hearing has been held, shall decide on the dispute by decision. (3) If, in an application for resolution of the dispute, a party enforces two or more claims relating to each other, the Agency may grant the following claim if it becomes aware that the claim made by the party before it is unfounded. (4) A party may amend or extend an application for resolution of a dispute throughout the mediation procedure referred to in Article 285 of this Act, but it cannot do so after the oral hearing has been concluded. The Agency may authorise an amendment or extension even after the oral hearing has been completed if it considers that this would be useful for the resolution of the dispute between the parties. (5) In dispute settlement procedure, the Agency shall apply the provisions of the act governing the general administrative procedure, unless otherwise provided by this Act. (6) Notwithstanding the provisions of other regulations of the dispute settlement procedure referred to in the second paragraph of the preceding Article, each party shall bear the costs incurred in the proceedings. (7) If, in the course of the dispute settlement procedure before the Agency, a party withdraws a request for resolution of the dispute, the dispute resolution procedure before the Agency shall be terminated. (8) If the party requesting the instigation of the proceedings does not appear at the oral hearing, although it has been duly summoned to it, and fails to reply to the minutes of the oral hearing received within the prescribed period, it shall be deemed that the application was withdrawn. In order to resolve the dispute, the Agency must draw the applicant’s attention to the consequences of failure to reply to the report submitted within the time limit set. (9) The Agency shall issue a decision as soon as possible and at the latest within four months of the initiation of the dispute settlement procedure. (10) The Agency shall decide on the basis of the act, implementing regulations and general acts and in accordance with the objectives it pursues on the market pursuant to Articles 258, 259, 260 and 261 of this Act, in particular with regard to ensuring effective competition and protecting the interests of users. In the dispute settlement procedure, the parties must cooperate fully with the Agency. Natural and legal entities providing electronic communications networks or services or other parties to a dispute shall, in accordance with point 4 of the first paragraph of Article 265 of this Act, provide the Agency, upon written request, with all the necessary information at their disposal. (11) The Agency shall publish decisions relating to disputes referred to in the first and third points of the first paragraph and the second paragraph of Article 282 of this Act and disputes referred to in the first paragraph of Article 286 of this Act in a form which respects the prohibition of publication of business secrets of clients, unless the parties propose to publish their business secrets. The Agency shall also publish on its website information on disputes referred to in the second point of the first paragraph of the preceding Article of this Act, which it deals with, but may not publish personal data or business secrets. Article 284 (resolution of cross-border disputes) (1) In a dispute between operators in the electronic communications market that arises in different EU Member States, any party may refer the dispute to the Agency. (2) The provisions of Articles 282 and 283 of this Act shall apply mutatis mutandis to the dispute settlement procedure under this Article. (3) Where a dispute referred to in the first paragraph of this Article concerns trade between Member States, the Agency shall notify the dispute to BEREC. (4) Before taking action to resolve the dispute, the Agency shall await the opinion of BEREC, which shall take the utmost account of it. The Agency shall issue a decision within one month of receipt of BEREC’s opinion. (5) Notwithstanding the provision of the preceding paragraph, in exceptional circumstances in which immediate action is needed to safeguard competition or protect the interests of end- users, the Agency may, at the request of the client or ex officio, take provisional measures. (6) The provisions of this Article shall not apply to disputes relating to the coordination of radio spectrum referred to in Article 33 of this Act. Article 285 (intervention) (1) Within eight days of receipt of a proposal for a settlement of a dispute by one of the parties to the dispute, or in the case of Article 130 of this Act, the Agency shall also, ex officio, notify the parties to the dispute in writing of the initiation of the mediation procedure and the conditions for resolving the dispute by a decision of the Agency referred to in the second paragraph of Article 283 of this Act if no agreement is reached. (2) The Agency shall act as an intermediary in the mediation procedure and shall conduct the entire procedure in such a way that it respects the principles of impartiality, equality, legality, fairness and confidentiality and the objectives it pursues in accordance with Articles 258, 259, 260 and 261 of this Act. (3) If the Agency submits to the end-user, who is the applicant for the resolution of a dispute referred to in the second point of Article 282(1) of this Act, a proposal for an amicable solution prepared by a natural or legal entity providing electronic communications networks and services, by which the latter fully accepts the end-user’s request and the applicant does not reply to that request within the specified time limit, it shall be deemed to have agreed to the solution offered and to have withdrawn the request. In the submitted proposal of an amicable solution, the Agency shall draw the applicant’s attention to the consequences of failure to respond within the time limit set in the submitted proposal. (4) The mediation procedure is of a confidential nature, which must be respected by anyone who participates in it in any way. (5) The Agency may further specify the rules of intervention in a general act. Article 286 (resolution of disputes over the reduction of costs of electronic communications networks) (1) In order to promote more efficient construction and deployment of electronic communications networks and the sharing of existing physical infrastructure in the cases provided for in Article 11(6), the second paragraph of Article 12, the sixth paragraph of Article 16, the fifth paragraph of Article 137 and the seventh paragraph of Article 139 of this Act (disputes due to a reduction in the cost of electronic communications networks), the Agency shall resolve, in accordance with the provisions of this Article: 1. disputes between network operators, 2. disputes between network operators and other infrastructure operators, 3. disputes between network operators and investors in public communications networks or investors in other types of public utility infrastructure, 4. disputes between network operators and holders of rights to use the distribution point and in-building physical infrastructure, and 5. disputes between network operators and owners or managers of physical infrastructure referred to in the second paragraph of Article 75 of this Act. (2) The settlement of disputes referred to in the preceding paragraph shall be without prejudice to any jurisdiction. (3) The Agency shall decide on the dispute by means of a decision applying the third, fourth, fifth, seventh and eighth paragraphs of Article 283 of this Act. (4) When resolving disputes referred to in points 2 and 3 of the first paragraph of this Article, the Agency may consult regulatory bodies in the field of operations of other infrastructure operators. (5) In the event of the introduction of a dispute referred to in the second paragraph of Article 12 of this Act, the Agency shall, at the request of an interested co-investor, issue an interim order suspending the execution of construction works until the decision is issued, but only for a maximum period of two months. The Agency may make the issue of the interim order subject to the condition that the co-investor concerned provides insurance for the damage which the investor may incur in the absence of joint construction. (6) The Agency shall issue a decision as soon as possible and at the latest within four months of the initiation of dispute resolution procedure in the case of a dispute pursuant to the second paragraph of Article 75 of this Act and a dispute pursuant to the seventh paragraph of Article 139 of this Act concerning access to existing physical infrastructure and within two months of the initiation of dispute resolution procedure in the cases specified in the sixth paragraph of Article 11, the second paragraph of Article 12, the sixth paragraph of Article 16 and the fifth paragraph of Article 137 of this Act. (7) In the dispute settlement procedure, the Agency may apply the procedure referred to in the preceding Article, in which case the decision must be issued within the time limits set out in the preceding paragraph. (8) In dispute settlement procedure, the parties must cooperate consistently with the Agency and make available to the Agency, upon written request, all the necessary information at their disposal. XV. MONITORING Article 287 (competence for supervision) (1) The Agency shall supervise the implementation of the provisions of this Act and regulations issued on the basis thereof and general acts, except in cases falling within the competence of the Information Commissioner pursuant to Article 229 of this Act or the body responsible for information security pursuant to Article 128 of this Act. The Agency shall also supervise the implementation of all individual acts and measures that it adopts on the basis of this Act and regulations and general acts adopted on its basis. The authority responsible for information security shall supervise the implementation of individual acts and measures adopted pursuant to the third paragraph of Article 119 and pursuant to the fourth paragraph of Article 120 of this Act. (2) Notwithstanding the preceding paragraph, the Agency shall not supervise the provisions of Chapter IV of this Act, except for the third, fifth and ninth paragraphs of Article 27 and the second paragraph of Article 29. (3) On the territory of the Republic of Slovenia, the Agency also supervises the implementation of the provisions of EU regulations on electronic communications, which have direct effect in the legal order of the Republic of Slovenia and at the same time provide for the supervision of their implementation by the national regulatory authorities in the field of electronic communications, as well as sanctions at the level of the Member States.  Article 288 (cooperation between supervisory authorities) The Agency, the Information Commissioner and the authority responsible for information security shall inform each other of the supervisory measures carried out under this Act; they shall provide each other with the information necessary for carrying out the supervision and shall cooperate with each other in a professional manner. Article 289 (supervision procedure) (1) In the procedure for supervision under this Act, the provisions of the Act governing inspection shall apply, unless otherwise provided for in this Act. (2) If the Information Commissioner performs supervision, the provisions of the regulations governing the protection of personal data also apply in the supervision procedure. (3) If supervision is carried out by the authority responsible for information security, the provisions of Article 31(1) and (4) of the Information Security Act (Official Gazette of the Republic of Slovenia Nos 30/18 and 95/21) as well as the provisions of Article 290 of this Act applicable to the Agency shall apply mutatis mutandis. Article 290 (procedure for the control of natural and legal entities providing electronic communications networks or services) (1) If, in the course of the supervision of natural and legal entities providing electronic communications networks or services, the Agency finds irregularities in the implementation of the provisions of this Act and on its basis regulations, general acts and individual acts or measures adopted by it, it shall inform those entities in writing and give them the opportunity to rule on the matter within a reasonable time. (2) Upon receipt of a reply or after the expiry of the deadline for reply referred to in the preceding paragraph, the Agency may request the cessation of the infringement referred to in the preceding paragraph immediately or within a reasonable period of time, and at the same time take appropriate and proportionate measures to ensure the correction of the irregularity. (3) The Agency may also order the suspension of the provision of services or a package of services which, if continued, could cause significant harm to competition until the entity referred to in the first paragraph of this Article has complied with the obligation of access on the basis of a market analysis carried out in accordance with Article 147 of this Act. (4) The Agency may issue a decision establishing the existence of an infringement of the provisions of this Act and regulations, general acts or measures adopted by it on its basis, including in cases where the infringement has already ceased. By means of a decision taken in the course of a review procedure, the Agency may impose on a natural or legal entity the measures necessary to remedy the infringement or to remedy its consequences, including, in particular, the recovery of sums overcharged or the retroactive regulation of the contractual relationship. (5) In the event of infringements of Article 149 and points 1 and 2 of the first paragraph of Article 265 of this Act, the provisions of the first and second paragraphs of this Article shall not apply. (6) If the measures referred to in the second paragraph of this Article have not been complied with within the specified period, the Agency may by decision prohibit the continued provision of electronic communications networks or services or suspend or withdraw the right to use radio frequencies or numbering elements in the event of serious and repeated infringements. (7) In the case of an infringement referred to in the preceding paragraph, the Agency may impose a fine on the entity referred to in the first paragraph for an offence for the period of the infringement, even if the infringement may have been subsequently rectified. (8) Notwithstanding the provisions of paragraphs 1, 2 and 5 of this Article, where the Agency has evidence of an infringement which constitutes an immediate and serious threat to public policy, public security and life or human health or will cause serious economic or operational difficulties to other operators or users of electronic communications networks or services or to other users of the radio spectrum, it may take urgent interim measures to remedy that situation before a final decision is made and without first setting a deadline for correcting the irregularity or giving the opportunity to adjudicate on the matter. In that case, the entity referred to in the first paragraph of this Article shall be given the opportunity to rule on the matter and propose a solution, but only after the adoption of urgent interim measures. Article 291 (duration of interim measures) The interim measures referred to in paragraph 8 of the preceding Article shall be valid for a maximum of three months, which may be extended for a further period of up to three months if enforcement proceedings have not been completed. Article 292 (authorised persons of the Agency) (1) The tasks of supervising the Agency under this Chapter shall be performed by persons employed by the Agency and authorised to do so by the Minister (hereinafter: authorised persons of the Agency). (2) The authorisation to perform supervisory tasks shall be evidenced by a service card issued by the Minister. (3) Authorised persons of the Agency must comply with the conditions laid down by the law governing inspections performed by inspectors. (4) The persons referred to in the first paragraph of this Article shall independently perform the tasks of supervision under this Act, conduct the administrative procedure and issue decisions and resolutions in the administrative procedure. The provisions of the Act governing inspection shall apply mutatis mutandis to other powers, competencies, procedures and actions. Article 293 (legal remedies) (1) The decision of the Agency and the Information Commissioner issued in the course of the supervision procedure pursuant to this Act shall be final in the administrative procedure. An administrative action may be brought against the decision. (2) An action in an administrative dispute against a final decision issued in a supervision procedure under this Act shall be lodged at the seat of the Administrative Court of the Republic of Slovenia. (3) The Agency shall publish on its website information on decisions of the courts, referred to in paragraphs 2 and 3 of this Article, on appeals lodged against decisions of the Agency referred to in the first paragraph of this Article. Article 294 (infringement procedures) Infringement procedures under this Act shall be resolved by an expedited procedure in accordance with the act governing minor offences. XVI. ELECTRONIC COMMUNICATIONS COUNCIL Article 295 (Council of Electronic Communications of the Republic of Slovenia) (1) The Council for Electronic Communications of the Republic of Slovenia (hereinafter: Council) is an advisory body for guiding the development of electronic communications and ensuring the protection of consumers’ interests in the field of electronic communications in the Republic of Slovenia, established by the National Assembly. (2) The Council has 11 members appointed by the National Assembly for a term of five years. It shall appoint four members from among the representatives of consumers, and representatives of disability organisations as proposed by the National Council of Disability Organisations and educational institutions, by appointing at least one representative from these organisations and the remaining seven members from among the various experts in the field of electronic communications. (3) The Chairperson (hereinafter: the Chair of the Council) and the Deputy Chairperson of the Council shall be appointed by the members of the Council from among themselves. (4) Members of the Council may not be: 1. members of the bodies of political parties, 2. officials under the law governing the public sector wage system, 3. civil servants in state bodies, 4. persons who are employed by the operator or are members of the supervisory board or the administrative board of an organisation carrying out an activity falling within the scope of the Agency’s competence, or who hold ownership interests in organisations carrying out an activity that is directly subject to the Agency’s competence, or in organisations having ownership interests in such organisations, 5. persons whose spouse, non-marital partner and relative, in a straight line up to and including the second generation, are a member of the supervisory board or the administrative board of an organisation carrying out an activity falling within the scope of the Agency’s competence, or who holds ownership interests in an organisation that carries out an activity that is directly subject to the Agency’s remit or in an organisation that holds ownership of such an organisation. (5) Members of the Council shall be entitled to reimbursement of expenses and to a reward for their work. The amount of the reward is determined by the National Assembly. The resources, working conditions and information of the Council shall be provided by the Agency. (6) The Council shall have a secretary to assist the President of the Council in the preparation and conduct of the meeting and to carry out other professional and administrative tasks necessary for smooth operations of the Council. The Secretary shall be appointed by the Council from among the staff of the Agency on a proposal from the Director of the Agency. The Secretary shall be entitled to 70 per cent of the meeting allowance of a member of the Council referred to in the preceding paragraph. Article 296 (operation of the council) (1) The Council shall adopt its rules of procedure. (2) The Council shall meet at least twice a year. A meeting shall be convened if the Director of the Agency or at the request of least four members convening the meeting in writing. The President of the Council may convene a meeting at any time. (3) Meetings of the Council may be attended by the Director of the Agency or their delegates and the Minister or representatives of the Ministry. (4) A quorum shall exist if more than half of the members are present. Decisions shall be taken by a simple majority of the members present.  Article 297 (tasks of the council) (1) The Council shall issue opinions, recommendations and proposals on matters relating to electronic communications, including the protection of consumers, persons with disabilities and users with special social needs in this area. The Agency may ask the Council for an opinion on matters relating to electronic communications. The opinions, recommendations and proposals of the Council are not binding on the Agency, but the latter must take a position on them. (2) The Council may request information, other than personal data, from the Agency, state authorities and other actors in the field of electronic communications. When using confidential information, the Council shall ensure that its confidentiality is maintained. (3) The Agency shall publish the opinions, recommendations and proposals referred to in the first paragraph of this Article on its website. XVII PENAL PROVISIONS Article 298 (infringements) (1) A fine of up to 5 % of the annual turnover generated on the market for public communications networks or public communications services in the preceding business year shall be penalised for an offence by a legal entity, sole trader or individual who independently carries out an activity that arises due to: 1. failure to comply with the obligations imposed to ensure transparency in relation to interconnection or operator access, or failure to comply with the published model offer for interconnection or operator access, or failure to comply with the obligation to publish a sample offer (Article 149(1), (4) and (5) of this Act); 2. failure to fulfil the obligations imposed to ensure equal treatment in connection with interconnection or operator access (first paragraph of Article 150 of this Act); 3. failure to fulfil the obligations imposed to keep separate accounting records for certain activities (first, third and fifth paragraphs of Article 151 of this Act); 4. failure to fulfil the obligations imposed to enable access to communication objects (first paragraph of Article 152 of this Act), 5. failure to fulfil the obligations imposed to meet all reasonable requirements for operator access to and use of specified network elements and associated facilities (first, second and fifth paragraphs of Article 153 of this Act); 6. failure to fulfil the obligations imposed in relation to cost recovery and price control (first, seventh and eighth paragraphs of Article 154 of this Act); 7. failure to comply with certain maximum termination rates (first and second paragraphs of Article 155 of this Act), 8. failure to fulfil the obligations imposed in connection with the regulation of services (first, third and fourth paragraphs of Article 157 of this Act); 9. failure to fulfil the obligations imposed in connection with the transfer of activities to an establishment which operates independently (first and fifth paragraphs of Article 158 of this Act); 10. failure to fulfil the obligations imposed in connection with the transition from existing infrastructure (first and second paragraphs of Article 162 of this Act). (2) A fine of between EUR 1,000 and EUR 10,000 shall be imposed on the responsible person of a legal entity or the responsible person of a sole trader or individual who independently carries out an activity that gives rise to an offence referred to in the preceding paragraph. (3) A fine of between EUR 500 and EUR 5,000 shall be imposed on an individual who commits an offence referred to in the first paragraph of this Article. Article 299 (infringements) (1) A legal person shall be fined between EUR 1 000 and EUR 20 000 and a fine of between EUR 50 000 and 400 000 shall be imposed on a legal entity which, under the law governing companies, is considered to be a medium-sized or large company if that entity: 1. fail to inform the Agency in writing before the start, modification or termination of the provision of public communications networks or the provision of public communications services (Article 5(1) and (9) of this Act), 2. does not provide electronic communications networks or does not provide electronic communications services in a legally independent company or does not keep separate accounts for activities related to the provision and implementation of electronic communications services or networks (first paragraph of Article 8 of this Act), 3. fail to notify the Agency of the planned construction and call to interested co-investors in accordance with the first paragraph of Article 11 of this Act, 4. fail to submit information under proportionate, non-discriminatory and transparent conditions within the time limit and under the conditions referred to in Article 11(5) of this Act, 5. does not offer interested co-investors an appropriate contract in accordance with the second paragraph of Article 12 of this Act, 6. fail to plan their network in accordance with the fourth paragraph of Article 12 of this Act, 7. when constructing public economic infrastructure, does not lay down a sufficient capacity of free cable ducts or does not make it available under the same conditions to all natural or legal entities providing electronic communications networks and associated infrastructure (eighth paragraph of Article 12 of this Act), 8. fail to send data or send incorrect information to the authority responsible for land surveying matters in accordance with the first, fourth and seventh paragraphs of Article 15 of this Act, 9. refuse to grant access within the time limit and under the conditions set out in the second paragraph of Article 16 of this Act, 10. fail to approve the request for review within the time limit and under the conditions laid down in the fourth paragraph of Article 16 of this Act, 11. does not comply with the data obtained pursuant to Article 16 of this Act in accordance with the regulations on classified information, the regulations governing the protection of business secrets and the regulations governing the protection of personal data, or does not take appropriate technical and organisational measures to protect confidentiality, secrecy and operational and business secrets (Article 16(5) of this Act); 12. intentionally or knowingly negligently transmits misleading, incorrect or incomplete information in the context of an inquiry into the market interest for the construction of high capacity networks referred to in the second, third, sixth and seventh paragraphs of Article 19 of this Act, 13. fail to use radio frequencies in accordance with the provisions of the general act referred to in the first and second paragraphs of Article 35 of this Act, 14. use radio frequencies in contravention of the provisions of a general act issued by the Agency on the basis of the first to fourth paragraphs of Article 39 of this Act, 15. fail to act in accordance with the decision on the assignment of radio frequencies referred to in the first paragraph of Article 63 of this Act, 16. does not act in accordance with a decision issued on the basis of a common selection procedure carried out by the competent EU institutions on the basis of an EU regulation (third paragraph of Article 63 and point 11 of the first paragraph of Article 64 of this Act), 17. without the prior consent of the Agency, the holder of the decision on the assignment of radio frequencies transfers the right to use these radio frequencies or leases the right to use these radio frequencies (first paragraph of Article 68 of this Act); 18. accumulates radio frequencies in order to restrict competition in the market (Article 73 of this Act); 19. use numbering elements without a valid decision granting numbering elements (Article 98 of this Act), 20. assigns numbers on the basis of a legal transaction to be used by service providers and charges more than the actual costs or part of the difference between service providers in respect of blocks of numbers used to access their services (ninth paragraph of Article 100 of this Act); 21. without the prior consent of the Agency, the holder of the decision on the assignment of numbering elements transfers the right to use these numbering elements (first paragraph of Article 105 of this Act); 22. does not adopt a safety management system in accordance with the first paragraph of Article 114 of this Act, including measures that include the SUVI referred to in the second paragraph of Article 114 of this Act and the SUNP referred to in the fourth paragraph of Article 114 of this Act, 23. does not designate the SUVI or the SUNP as a trade secret or does not implement, monitor and regularly improve them, including the related measures contained therein, in accordance with the second and fourth paragraphs of Article 114 of this Act, 24. does not adopt, review or update the SUNP in the part relating to emergency communications, with the prior approval of the competent authorities responsible for the operation of emergency reception centres in accordance with Article 114(5) of this Act, 25. fail to comply with the additional safety requirements and restrictions laid down in Article 115 of this Act, 26. does not notify certain entities in accordance with the first paragraph of Article 117 of this Act on Security Incidents in the prescribed manner; 27. in the event of a specific and serious threat to a security incident, fails to inform its users free of charge of any protective or corrective measures in accordance with Article 117(8) of this Act; 28. fail to implement the measures imposed by the written decision referred to in Article 119(3) of this Act in the event of a serious or critical incident or in the event of a cyber-attack, 29. in a state of increased threat, fails to implement the measures imposed by the written decision referred to in the fourth paragraph of Article 120 of this Act, 30. does not consent to a safety audit in accordance with the Agency’s request and the prescribed procedure for safety audit referred to in the first paragraph of Article 122 of this Act, 31. in a threat situation, does not establish, document, implement or maintain processes, procedures and controls for the provision of the SUNP, including the provision of alternative pathways in accordance with the first paragraph of Article 123 of this Act; 32. fail to establish and maintain adequate capacity, measures and arrangements with other operators in accordance with the second paragraph of Article 123 of this Act, 33. fail to implement, monitor or regularly improve measures, plans and capacities in accordance with the third paragraph of Article 123 of this Act, 34. insofar as the STL refers to emergency communications in case of threat, does not adopt it, does not review it or, if necessary, does not update it with the prior approval of the designated authorities in accordance with the fourth paragraph of Article 123 of this Act, 35. in a threat situation, does not guarantee the priority operation of parts of the network, services and connections in accordance with the first paragraph of Article 124 of this Act, 36. fail to adapt its network in such a way that it provides an advantage function in accordance with Article 124(2) or fail to provide an advantage to users who have the right to network termination points with priority in accordance with the decree referred to in the third paragraph of Article 124 of this Act, 37. fail to implement other measures or restrictions or interruptions of operations in accordance with the Government adopted measures (fourth paragraph of Article 124 of this Act) in the event of natural and other disasters, a declared epidemic or in the event of a catastrophic network failure, 38. fail to take appropriate technical and organisational measures to minimise disruption of their activities in the event of a threat situation and fail to carry them out for the entire duration of the circumstances giving rise to them (first paragraph of Article 125 of this Act), 39. fail to ensure uninterrupted access to and use of emergency communication numbers (second paragraph of Article 125 of this Act), 40. fail to adopt an internal act in accordance with the first paragraph of Article 126 of this Act, 41. fail to negotiate interconnection (first paragraph of Article 130 of this Act), 42. fail to protect the confidentiality of data when concluding interconnection contracts or operator access (third paragraph of Article 130 of this Act). 43. fail to implement the decision of the Agency referred to in the fourth paragraph of Article 130 of this Act, 44. fail to comply with the obligations laid down in the decision referred to in the first paragraph of Article 131 of this Act, 45. fail to comply with the obligation laid down in the decision referred to in Article 132 of this Act to provide access to application programme interfaces or electronic programme guides or does not provide the relevant under fair, justified and non-discriminatory conditions, 46. fail to fulfil obligations relating to the sharing of passive infrastructure or the conclusion of locally limited national roaming agreements (first paragraph of Article 133 of this Act), 47. fail to provide technical services under fair, justified and non-discriminatory conditions (first paragraph of Article 134 of this Act), 48. in the provision of conditionally accessible services, does not distinguish these accounting services from other activities (second paragraph of Article 134 of this Act); 49. fail to grant industrial property rights for products and systems with conditional access on fair, justified and non-discriminatory terms to manufacturers of user equipment (third paragraph of Article 134 of this Act), 50. under any circumstances prevents the manufacturer from incorporating into the same product a common interface allowing connection to other accessible systems or elements specific to other accessible systems (third paragraph of Article 134 of this Act), 51. fail to classify programmes in accordance with Article 135 of this Act, 52. fail to execute the Agency’s decision ordering joint use referred to in the first paragraph of Article 136 or the decision imposing joint use obligations referred to in the first and second paragraphs of Article 138 of this Act, 53. fail to offer an appropriate arrangement regarding access to the distribution point and physical in-building infrastructure on fair and non-discriminatory terms, including price, where applicable (second paragraph of Article 137 of this Act), 54. use the physical infrastructure of another infrastructure operator for the deployment of elements of electronic communications networks without agreement on the terms of access or the decision of the Agency referred to in Article 139 of this Act, 55. fail to, at the request of the network operator, make an offer for joint use of capacities under fair and reasonable conditions (fourth paragraph of Article 139 of this Act and Article 140 of this Act), 56. fail to exercise the right of joint use in accordance with Article 141 of this Act, 57. fail to notify the Agency in accordance with the first paragraph of Article 159 of this Act, 58. fail to comply with the commitments made binding in the decision referred to in the fifth paragraph of Article 160 of this Act, 59. fail to notify the Agency of a change of circumstances in accordance with the fourth paragraph of Article 161 of this Act, 60. does not inform the Agency in writing in accordance with the first paragraph of Article 162 of this Act, 61. does not ensure that the prices of services provided as a universal service are the same throughout the territory of the Republic of Slovenia (Article 166(4) of this Act), 62. fail to provide the universal service imposed on it by decision of the Agency (first and fourth paragraphs of Article 169 of this Act), 63. as a universal service provider, does not notify the Agency in writing before transferring the assets of the local access network to another legal entity with another owner (first paragraph of Article 170 of this Act); 64. fail to pay its contribution to the compensation fund within the deadline and the amount set by the Agency by decision (Article 172(5) of this Act), 65. fail to inform the Agency of revenue from the provision of public communications networks or the provision of public communications services within the period laid down in this Act (sixth paragraph of Article 172 of this Act), 66. obstruct the Agency in reviewing data and assessing revenue (seventh paragraph of Article 172 of this Act), 67. fails to publicly announce, in a transparent and non-discriminatory way, the prices of individual services provided as a universal service and the associated conditions (second paragraph of Article 173 of this Act), 68. fail to comply with the decision of the Agency referred to in the third paragraph of Article 173 of this Act on the provision of special price options or packages for consumers with low income or special needs, 69. does not set the prices and general conditions in such a way that customers of a service provided as a universal service are not required to pay for facilities or services which are not required or necessary for that service (first paragraph of Article 176 of this Act); 70. fail to allow its subscribers the portability of numbers (first paragraph of Article 195 of this Act), 71. fail to carry out the transfer of a number and its activation within the period specified in the third paragraph of Article 195 of this Act, 72. charges the subscriber for the transfer of a number to another operator in contravention of the sixth paragraph of Article 195 of this Act, 73. fails to ensure that interconnection prices are cost-oriented (sixth paragraph of Article 195 of this Act), 74. cause delays in the process of changing the provider of internet access or number porting, misuse the procedure or transfer a number or change end-users without their express consent (first paragraph of Article 196 of this Act), 75. fail to refund the remaining balance to the customer who is a consumer in accordance with Article 196(5) of this Act, 76. fail to provide information regarding internet access services or publicly available interpersonal communications services in accordance with the general act referred to in the third paragraph of Article 197 of this Act, 77. fail to provide information in a manner and in a form that enables the disabled end-user to access this information (fourth paragraph of Article 197 of this Act), 78. fail to comply with the provisions of the general act referred to in the first paragraph of Article 199 of this Act, 79. does not allow users access free of charge to intervention services on emergency communication numbers through emergency communications (first paragraph of Article 200 of this Act), 80. does not allow disabled users to make emergency calls using voice, sign language and other forms of non-verbal communication in the manner and to the extent technically possible (third paragraph of Article 200 of this Act), 81. fail to provide the transmission of emergency communications and alternative routes free of charge in accordance with the fourth paragraph of Article 200 of this Act, 82. fail to send caller number and location data to the most appropriate emergency communication centre in accordance with technical possibilities (fifth paragraph of Article 200 of this Act), 83. fail to ensure the transmission of a voice call and a standardised minimum set of data from the emergency call system from vehicles (e-call) to the most appropriate emergency centre (seventh paragraph of Article 200 of this Act), 84. fail to inform users in accordance with the eighth paragraph of Article 200 of this Act, 85. fail to allow for the unique display of an outgoing call in the form of a three-digit call number 112, 113 or 116 for calls made from the single European emergency number 112, police number 113 and the single European hotline for missing children 116 000 in accordance with technical possibilities (ninth paragraph of Article 200 of this Act), 86. fail to provide information and alerts to end-users via a public mobile network in the area designated by the competent authority for protection and rescue (first paragraph of Article 201 of this Act), 87. fail to comply with the regulatory requirements for the interaction of digital interactive television services and digital television equipment used by consumers (third paragraph of Article 203 of this Act), 88. fail to announce any restriction or interruption of access to their services, or fail to inform users and agencies of significant restrictions or interruptions due to malfunctions or defects (second paragraph of Article 208 of this Act), 89. regarding the subscriber who has settled the uncontested part of the invoice or the amount corresponding to the average value of the last three uncontested invoices within the time limit, before the final resolution of the dispute or before the final decision of the Agency due to non- payment of obligations, restricts access to its services or disconnects the subscriber’s subscription, even though the subscriber has lodged an objection or proposed resolution of the dispute or if the consumer has initiated a procedure under the law governing the out-of-court resolution of consumer disputes (Article 209(4) of this Act), 90. does not take appropriate technical and organisational measures to ensure the security of its services (first paragraph of Article 212 of this Act), 91. does not take such measures as to ensure a level of safety and security appropriate to the risk envisaged (second paragraph of Article 212 of this Act), 92. fail to warn users of particular risks to the security of the network or services as soon as they become aware of the risk, or fail to inform them of all possible means of eliminating the risk and the likely costs or fail to give users rapid and effective access to protective measures (Article 213(1) of this Act), 93. fail to protect the confidentiality of electronic communications even after the cessation of the activity in which it was obliged to protect confidentiality (second paragraph of Article 214 of this Act), 94. obtain information about communications to the extent that exceeds the absolute necessity for the provision of certain public communications services and failed to use or transmit this information to others for the sole purpose of providing these services (third paragraph of Article 214 of this Act), 95. does not inform the subscriber or user and does not delete information about the content of the communication in accordance with the fourth paragraph of Article 214 of this Act, 96. supervise or intercept communication where this is not expressly permitted by this Act (Article 214(5) of this Act), 97. record and store communication in contravention of the sixth paragraph of Article 214 of this Act, 98. fails to duly inform the parties to the communication beforehand of the recording, its purpose and the duration of the recording or the recorded message was not deleted in due time in accordance with the seventh paragraph of Article 214 of this Act, 99. recording notification is not given by the same type of medium and in the same form as the recorded communication (eighth paragraph of Article 214 of this Act), 100. fail to establish its internal procedures and provide indelible records on response to requests for access subscribers’ personal data in accordance with the first paragraph of Article 216 of this Act, 101. fails to delete traffic data at the end of the relationship or does not make it possible to link such data to an identified or identifiable entity (first paragraph of Article 218 of this Act), 102. fail to obtain a subscriber’s or user’s prior consent contrary to Article 218(3) of this Act, or fail to inform the subscriber or user of the categories of traffic data processed and the purpose and duration of such processing prior to the given consent of the subscriber or user, 103. traffic data is processed by someone else instead of persons under the control of the operator (fifth paragraph of Article 218 of this Act), 104. fail to send traffic data to the Agency, the person liable for the out-of-court resolution of consumer disputes or the competent court upon written request submitted for the resolution of disputes and in accordance with the applicable legislation (sixth paragraph of Article 218 of this Act), 105. does not process location data in such a way that it cannot be linked to an identified or identifiable entity, or with the prior consent of the user or subscriber to the extent or duration necessary for the provision of a value-added service (first paragraph of Article 219 of this Act), 106. infringe the right to revoke the consent given by the user or subscriber for the processing of location data for the purpose of providing a service with added value (first paragraph of Article 219 of this Act), 107. location data is processed not only by persons under the control of the operator or by third parties providing a value-added service (fourth paragraph of Article 219 of this Act), 108. failed to store the data referred to in the first paragraph of Article 220 of this Act in the manner and under the conditions set out in Article 221 of this Act or failed to provide for indelible registration of the measures and interventions carried out in accordance with the second paragraph of Article 221 of this Act (fifth paragraph of Article 220 of this Act), 109. fail to send the information as soon as possible or as soon as technically possible on the basis of a request received from the applicant (seventh paragraph of Article 220 of this Act), 110. fail to immediately inform the Agency in the event of personal data breaches (first paragraph of Article 227 of this Act), 111. fail to inform the subscriber or individual concerned of a personal data breach without undue delay if that breach is likely to adversely affect the personal data and privacy of the subscriber or individual (second paragraph of Article 227 of this Act), 112. fail to fulfil the obligation imposed by the Agency to notify the subscriber or individual concerned of a personal data breach or fail to notify the Agency of the fulfilment (fourth paragraph of Article 227 of this Act), 113. fails to ensure that the notification to the subscriber or individual of a personal data breach contains the prescribed content (fifth paragraph of Article 227 of this Act), 114. fail to keep a sufficient inventory of personal data breaches (seventh paragraph of Article 227 of this Act), 115. fail to commence lawful interception of communications after receiving a copy of the order issued by the competent authority or a verbal order (first and fourth paragraphs of Article 228 of this Act), 116. fail to carry out lawful interception of communications in the manner, scope and duration specified in the copy of the operative part of the order or in the verbal order (third and fourth paragraphs of Article 228 of this Act), 117. does not provide 30 years of indelible registration of the interception or does not protect the information in accordance with the classification of the copy of the order (Article 228(5) of this Act), 118. fail to provide adequate equipment and appropriate interfaces or appropriate transmission channels to handover interfaces in the control centre of the competent authority (Article 228(6) of this Act), 119. obstruct the authorised persons of the Agency or the Information Commissioner from carrying out administrative supervision tasks (Articles 287 to 291 of this Act). (2) A fine of between EUR 1,000 and EUR 20,000 shall be imposed on a sole trader or an individual who independently carries out an activity if they commit an offence referred to in the preceding paragraph. (3) A fine of between EUR 500 and EUR 10,000 shall be imposed on the responsible person of a legal entity, a responsible person of a sole trader or an individual who independently carries out an activity that commits an offence referred to in the first paragraph of this Article. (4) A fine of between EUR 500 and EUR 10,000 shall be imposed on the responsible person in a public authority or a self-governing local community who commits an offence referred to in points 3, 4 or 5 of the first paragraph of this Article. (5) An individual who commits an offence referred to in the first paragraph of this Article shall be fined between EUR 1,000 and EUR 5,000. (6) In setting the fine for the offence referred to in point 12 of the first paragraph of this Article, account shall be taken of whether the conduct of the offender has had a negative impact on competition and, in particular, whether the offender, contrary to the information originally provided or its updates, has set, extended or upgraded the network or networks and has not objectively justified the change to the plan. Article 300 (infringements) (1) A legal person shall be fined between EUR 500 and EUR 15,000 and a fine of between EUR 20,000 and EUR 50,000 shall be imposed on a legal entity which, under the law governing companies, is regarded as a medium-sized or large company if that entity: 1. builds communication networks and related infrastructure in contravention of Article 10(6) of this Act, 2. when constructing or reconstructing multi-apartment and non-residential buildings of physical infrastructure, does not design and construct in accordance with the seventh paragraph of Article 10 of this Act, 3. fails to ensure that the contract of easement concluded contains all the mandatory elements referred to in the third, fifth and ninth paragraphs of Article 27 of this Act, 4. does not grant operators, under transparent, fair and non-discriminatory conditions, access to owned or operated physical infrastructure that is technically suitable for the installation of small-area wireless access points or necessary for connecting such access points to the backbone network (second paragraph of Article 75 of this Act), 5. unilaterally restricts or prevents end-users from accessing radio local area networks provided by third parties of their choice, or fails to allow other end-users, through radio local area networks, reciprocal or more general access to the networks of such providers (fifth paragraph of Article 76 of this Act); 6. build the network in contravention of Article 79 of this Act, 7. fail to fulfil the obligations relating to the separation of accounting records or provide the activities related to the management of the multiplex in a separate legal organisational unit (first paragraph of Article 82 of this Act), 8. fail to allow equal and non-discriminatory conditions for access to the multiplex (Article 83(1) of this Act), 9. use radio frequencies for multiplex without a valid decision on the assignment of radio frequencies or contrary to the decision on the allocation of radio frequencies for multiplex (Article 84 of this Act), 10. has free capacities of multiplex intended for public service broadcasting, in breach of the second paragraph of Article 85 of this Act, 11. places on the market a radio receiver which does not meet the requirements of Article 93 of this Act, 12. fail to send all data on legal transactions in relation to assigned numbers to the Agency (ninth paragraph of Article 100 of this Act), 13. fail to act in accordance with the decision on the assignment of numbers referred to in the first paragraph of Article 101 of this Act, 14. fail to notify its subscribers in accordance with the first paragraph of Article 108 of this Act, 15. fail to allow end-users to call all numbers provided in the EU, including unique international freephone numbers, and access and use services using non-geographic numbers within the EU where economically feasible (Article 112(1) of this Act), 16. fail to regularly inform the Agency about the details of price options and packages in accordance with Article 173(5) of this Act, 17. does not provide its clients with the option to control costs in accordance with the second paragraph of Article 176 of this Act, 18. fail to allow a breakdown of the invoice that allows verification and control of the use and the amount charged (first paragraph of Article 177 and the second paragraph of Article 207 of this Act), 19. fail to allow the subscribers a basic breakdown of the invoice free of charge (second paragraph of Article 177 and the second paragraph of Article 207 of this Act), 20. fail to comply with the subscriber’s requirement for the non-receipt of the broken down invoice (second paragraph of Article 177 and the second paragraph of Article 207 of this Act), 21. fails to ensure that the basic level of disaggregation of the invoice contains the elements set out in the general act referred to in the third paragraph of Article 177 of this Act, 22. restrict access to its services or disconnect the subscriber and terminates the subscription contract for reasons not specified in their general terms and conditions (first paragraph of Article 178 of this Act), 23. the measure it implements is not specified in the general conditions or is not proportionate to infringements or is discriminatory (first paragraph of Article 178 of this Act), 24. fail to warn the user in accordance with the second paragraph of Article 178 of this Act, 25. for non-payment of invoices, implements the measure referred to in the third paragraph of Article 178 of this Act without prior notice, 26. does not disconnect the user from only the unpaid or underpaid service, although such disconnection is technically feasible (fourth paragraph of Article 178 of this Act), 27. restrict the subscriber’s access to electronic communications services in contravention of Article 178(5) of this Act, 28. fail to comply with Article 183 of this Act, 29. does not provide the information referred to in the first to fourth paragraphs of Article 186 of this Act before the conclusion of the contract, 30. does not provide information prior to its conclusion in accordance with the fifth and sixth paragraphs of Article 186 of this Act, 31. fail to provide a summary of the contract or the summary fails to contain all the information referred to in the first paragraph of Article 187 of this Act, 32. fails to ensure that the subscription contract contains all the prescribed elements (first paragraph of Article 188 of this Act), 33. fail to respect the maximum duration of a fixed-term contract referred to in the second paragraph of Article 190 of this Act or the initial commitment period referred to in the first paragraph of Article 191 of this Act, 34. does not inform the subscriber of the termination of the contractual obligation and of the methods of terminating the contract in a clear manner and on a durable medium or does not advise them on the best price options in relation to the services ordered (second paragraph of Article 190 of this Act); 35. does not notify subscribers in accordance with the first paragraph of Article 192 of this Act, 36. fail to allow subscribers to choose in accordance with the fifth paragraph of Article 192 of this Act when withdrawing from the subscription contract, 37. does not provide the customer, who is a consumer, with the option to monitor and control the consumption of services in accordance with the first paragraph of Article 198 of this Act, 38. does not regularly provide its customers with clear and understandable information regarding the options for monitoring and controlling the use of services (second paragraph of Article 198 of this Act), 39. fail to allow the required sound selection or display of the calling line identity, where technically feasible (Article 206(1) of this Act), 40. fail to grant free access to e-mails after termination of the internet access agreement at the user’s request (Article 206(2) of this Act), 41. fail to provide the prescribed options for the control of costs (point 3 of Article 206 of this Act), 42. fail to comply with the statutory obligations relating to limitation or disconnection for reasons on the part of the subscriber (point 4 of Article 206 of this Act), 43. does not specify in the General Terms and Conditions a breakdown of the invoice that exceeds the basic level of breakdown of the invoice in accordance with the third paragraph of Article 207 of this Act, 44. fail to comply with privacy rules when issuing a broken down invoice (fourth paragraph of Article 207 of this Act), 45. does not keep requests for the transmission of itemised invoices with uncovered numbers in accordance with Article 207(5) of this Act, 46. does not properly record the declaration of an end-user’s fault (third paragraph of Article 209 of this Act), 47. use the collected data in contravention of Article 215(2) or (3) of this Act, 48. does not inform subscribers in advance and free of charge of the purpose of the directory referred to in the first paragraph of Article 217 of this Act and of the further options for using subscriber data (first paragraph of Article 217 of this Act), 49. fail to give subscribers the opportunity to decide on registration in the public directory (second paragraph of Article 217 of this Act), 50. fail to indicate within the legal period the prohibition of the use of subscriber’s personal data for commercial or research purposes (third paragraph of Article 217 of this Act), 51. does not allow, free of charge, refusal of registration in a public subscriber directory, verification, modification or deletion of personal data or registration of the prohibition of the use of subscriber’s personal data for the purpose referred to in the third paragraph of Article 217 of this Act (fourth paragraph of Article 217 of this Act), 52. despite the client’s prohibition on the use of their personal data for calls for commercial or research purposes, uses these data for this purpose (fifth paragraph of Article 217 of this Act), 53. fail to specify in their general terms and conditions which traffic data will be processed or for how long (fourth paragraph of Article 218 of this Act), 54. does not inform the user about the option of refusing consent, the type of location data to be processed, the purpose and duration of the processing of location data and the option of transmitting these location data to third parties (second paragraph of Article 219 of this Act); 55. does not give the subscriber or user the opportunity to temporarily prevent the processing of location data at any time, free of charge, when connected to a network or for any transmission of communications (third paragraph of Article 219 of this Act), 56. regarding provision of the identity of the calling line, does not give the caller the option to prevent, by simple means and free of charge, the presentation of the identity of the connection from which they are calling (first paragraph of Article 222 of this Act), 57. fail to allow the subscriber to automatically and free of charge prevent the display of calling line identity for all calls from their lines if the option to display the identity of the calling line is enabled upon their request (first paragraph of Article 222 of this Act); 58. fail to revoke free of charge the prevention of display of the calling line identity in the case of calls to the emergency communications number notwithstanding the provisions of the first paragraph of Article 222 (second paragraph of Article 222 of this Act), 59. regarding the provision of calling line identity, it does not provide the called subscriber with the option, by simple means and with reasonable use of this function, of preventing the presentation of the calling line’s identity free of charge for incoming calls (third paragraph of Article 222 of this Act); 60. regarding the provision of the identity of the calling line and if the identity of the calling line is shown before the connection is established, it does not provide the called subscriber with the option to refuse by simple means incoming calls where the calling user or subscriber has prevented the presentation of the calling line identity (fourth paragraph of Article 222 of this Act), 61. regarding the provision of connection identity, does not provide the called subscriber with the option to prevent the calling user from displaying the identity of the connection free of charge and by simple means (fifth paragraph of Article 222 of this Act), 62. does not publish in its general terms and conditions the option of displaying and preventing the display of the identity of the calling connection and the connection (sixth paragraph of Article 222 of this Act); 63. does not allow the provision of the first paragraph of Article 222 of this Act to also apply to calls originating from EU Member States and terminating in third countries, and does not allow the provisions of Article 222(3), (4) and (5) of this Act to also apply to calls received from third countries (seventh paragraph of Article 222 of this Act); 64. does not provide for the option of following malicious or annoying calls in accordance with the first, second and third paragraphs of Article 223 of this Act, 65. fail to ensure the retention of data in accordance with the fourth paragraph of Article 223 of this Act, 66. fail to send the requested information to the Agency within the scope and time limit in accordance with the first, third, fourth, sixth and seventh paragraphs of Article 265 of this Act, 67. limits, delays or slows down Internet traffic in contravention of the second or third paragraph of Article 268 of this Act. (2) A fine of between EUR 500 and EUR 15,000 shall be imposed on a sole trader or an individual who independently carries out an activity if they commit an offence referred to in the preceding paragraph. (3) A fine of between EUR 200 and EUR 2,000 shall be imposed on the responsible person of a legal entity or a responsible person of a sole trader or individual who independently carries out an activity that commits an offence referred to in the first paragraph of this Article. (4) An individual who commits an offence referred to in the first paragraph of this Act shall be fined between EUR 250 and EUR 3,000. Article 301 (infringements) (1) A legal person shall be fined between EUR 200 and EUR 1,000 and a fine of between EUR 1,000 and EUR 20,000 shall be imposed on a legal entity who, under the law governing companies, is considered to be a medium-sized or large company if that entity: 1. fail to notify the Agency within the statutory period of the change of the data specified by law (Article 5(4) of this Act), 2. fail to submit the required data to the Agency within the statutory deadline or provide incorrect information on the amount of annual income from the provision of public communications networks or the provision of public communications services (fourth paragraph of Article 6 of this Act), 3. fail to notify the change of the data on the holder of the right to use radio frequencies or change of the name of the programme within the legal period (fifth paragraph of Article 63 of this Act), 4. fail to notify the change of the data on the holder of the right to use the numbering elements within the legal period (second paragraph of Article 101 of this Act), 5. deviates in the quality of the universal service from the quality it offers for other comparable services (fifth paragraph of Article 166 of this Act), 6. fail to comply with the content of the general act referred to in the first paragraph of Article 179 of this Act or fail to send the Agency data on the quality of universal service together with any change thereto (third paragraph of Article 179 of this Act), 7. connects radio or terminal equipment to the public communications network in contravention of the provision of the first paragraph of Article 204 of this Act, 8. refuses to connect radio or terminal equipment in contravention of the provision of the second paragraph of Article 204 of this Act, 9. fail to allow all its subscribers to register in a universal directory provided within the framework of the universal service (first paragraph of Article 205 of this Act), 10. fail to provide all users with access to relevant directory enquiry services in other EU Member States (Article 205(3) of this Act), 11. fail to make available appropriate information for the purposes of providing publicly available directories or directory enquiry services on fair, objective, cost-oriented and non- discriminatory terms (fourth paragraph of Article 205 of this Act), 12 does not state in the statement of reasons that it is a final decision and does not explain in legal notice the option of initiating proceedings before the agency or the provider of out-of- court dispute resolution for consumer disputes, and does not specify the time limit for the submission of such a proposal (seventh paragraph of Article 209 of this Act); 13. fail to allow subscribers to prevent for a particular call or connection, by simple means and free of charge, the automatic redirection of calls from third parties to their terminal when providing an electronic communications service that allows call rerouting (Article 224 of this Act), 14. processes the user’s data obtained in the manner referred to in the first paragraph of Article 225 of this Act without the user’s prior consent and without prior clear and comprehensive notification to the user of the controller and the purposes of the processing of these data (first paragraph of Article 225 of this Act), 15. use automated call and communication systems to make calls to the subscriber’s telephone number without human intervention (e.g. call machines, SMS, MMS), faxes or e-mails for the purpose of direct marketing without the subscriber’s or the user’s prior consent (first paragraph of Article 226 of this Act), 16. uses the acquired e-mail address for direct marketing of its products or services without giving the customer a clear and explicit opportunity to refuse such use of their e-mail address free of charge at the time when the contact information is obtained and at each communication, if the buyer has not refused such use from the outset (second paragraph of Article 226 of this Act), 17. use other means for direct marketing by means of electronic communications as defined in the first and second paragraphs of Article 226 of this Act, without the consent of the subscriber or user (third paragraph of Article 226 of this Act), 18. fails to ensure that denial of consent for the subscriber or user concerned is free of charge (third paragraph of Article 226 of this Act), 19. when using voice telephone calls, does not comply with the provisions of the third, fourth and fifth paragraphs of Article 217 of this Act (third paragraph of Article 226 of this Act), 20. use a hidden or concealed identity or invalid address in direct marketing using electronic communications and invite recipients to visit websites that are contrary to the act governing electronic commerce in the market (fifth paragraph of Article 226 of this Act). (2) A fine of between EUR 200 and EUR 1,000 shall be imposed on a sole trader or an individual who independently carries out an activity if they commit an offence referred to in the preceding paragraph. (3) A fine of between EUR 100 and EUR 500 shall be imposed on the responsible person of a legal entity or the responsible person of a sole trader or of an individual who independently carries out an activity that results in an offence referred to in the first paragraph of this Article. (4) A fine of between EUR 300 and EUR 1,000 shall be imposed on an individual who commits an offence referred to in the first paragraph of this Article. Article 302 (infringements) (1) A legal person shall be fined between EUR 500 and EUR 5,000 for the use of radio frequencies provided for radio amateur and amateur satellite services without a valid radio amateur licence or without a valid radio amateur licence (first and second paragraphs of Article 40 of this Act) or for the use of radio frequencies provided for radio amateur and radio amateur satellite services, contrary to the provisions of the general act of the Agency (Article 40(5) of this Act). (2) A fine of between EUR 100 and EUR 500 shall be imposed on the responsible person of a legal entity if they commit an offence referred to in the preceding paragraph. (3) A fine of between EUR 200 and EUR 500 shall be imposed on an individual: 1. if they commit an offence referred to in the first paragraph of this Article, or 2. if, despite the warning of the Emergency Communication Reception Centre regarding misuse of emergency communication, calls the emergency communication number at least three times in one day (twelfth paragraph of Article 200 of this Act). Article 303 (amount of fine under an expedited infringement procedure) For offences referred to in this Act treated under an expedited procedure, a fine may be imposed of an amount higher than the minimum fine laid down by this Act. XVIII. TRANSITIONAL AND FINAL PROVISIONS Article 304 (existing notifications) Natural and legal persons who have notified the Agency in writing pursuant to Article 5(1) of the Electronic Communications Act (Official Gazette of the Republic of Slovenia Nos 109/12, 110/13, 40/14 — ZIN-B, 54/14 — odl. Us, 81/15 and 40/17, hereinafter referred to as: Electronic Communications Act) that they intend to provide public communications networks or provide public communications services, continue their activity to the extent, in the manner and under the conditions laid down in this Act.  Article 305 (existing networks on third-party land) (1) Owners of land on which electronic communications networks are laid or on which electronic communications networks are built or deployed shall allow the continued use of their land for the purposes of the construction or installation, maintenance and operation of the electronic communications network if they or their legal predecessors have expressed their agreement to such use in writing or if the right of construction is demonstrated by operators with a building permit. (2) The operator’s right arising from the obligations of landowners referred to in the preceding paragraph shall include the rights contained in easement under this Act and shall be exercised in accordance with the provisions of Article 26 of this Act. Article 306 (existing decisions and procedures) (1) Decisions issued on the basis of the Electronic Communications Act and refer to time limits which have not expired at the time of the entry into force of this Act may be amended, annulled or terminated under the conditions and in the manner laid down in this Act. (2) Procedures conducted by the Agency for Communications Networks and Services of the Republic of Slovenia and the Information Commissioner of the Republic of Slovenia under the Electronic Communications Act, and which have not yet been completed by the date of entry into force of this Act shall continue in accordance with the provisions of this Act. (3) Procedures for the award of public funds which were initiated on the basis of the Electronic Communications Act or on the basis of regulations pursuant to the Electronic Communications Act shall be completed in accordance with the regulations in force at the time of the initiation of the procedure. Article 307 (renewal of decisions on the assignment of radio frequencies for the provision of public communications services to end-users) (1) Notwithstanding the provision of Article 66 of this Act, decisions on the allocation of radio frequencies for the provision of public communications services to end-users issued after 21 December 2020 and before the entry into force of this Act may be extended by a decision for five years at the request of the holder. A decision issued by the Agency in accordance with the provisions of the law governing the general administrative procedure extends the right to use individual radio frequency bands and fixes a proportionate amount for the efficient use of the limited natural resource. (2) In the event of an extension of the decision on the allocation of radio frequencies referred to in the preceding paragraph, a certain amount shall be paid for the efficient use of a limited natural resource to ensure optimal use of the radio frequencies allocated, after 10 years from the date of the initial decision on the allocation of radio frequencies. This is the revenue of the budget. The amount of the remuneration shall be set at a pro rata value of the amount for the efficient use of the limited natural resource paid at the time of the initial decision on the assignment of radio frequencies and shall be revalued over time. (3) An application for an extension of the decision referred to in the first paragraph of this Article shall be submitted to the Agency no later than one year from the entry into force of this Act. Article 308 (publication of information on rights of use for radio frequencies that can be transferred or leased) The Agency shall publish the information referred to in the seventh paragraph of Article 68 of this Act on its website within three months of the entry into force of this Act. Article 309 (requirements for interoperability of other radio receivers) The requirements for interoperability of other radio receivers referred to in the second paragraph of Article 93 of this Act shall apply from 1 January 2023. Article 310 (publication of the occupancy review of the numbering elements) The Agency shall publish the first review of the occupancy of the numbering elements referred to in the fourth paragraph of Article 97 of this Act within three months of the entry into force of this Act. Article 311 (provision of equipment and services by high-risk suppliers) (1) The mobile communications network operator referred to in the first paragraph of Article 115 of this Act shall carry out a risk assessment for suppliers of its existing equipment and for its existing third level support service providers in accordance with the second, third and fourth paragraphs of Article 115 of this Act no later than six months after the entry into force of the general act referred to in Article 115(6) of this Act. (2) Notwithstanding the identified risks referred to in the preceding paragraph with regard to suppliers of its existing equipment and notwithstanding the limitation of the use of equipment from high-risk suppliers referred to in Article 115(5) of this Act in view of the deadline referred to in the first paragraph of Article 116 of this Act, the operator referred to in the preceding paragraph may use the existing equipment of high-risk suppliers until the end of its lifetime, but no later than seven years from the publication of the information on the decision issued on the designation of a specific high-risk supplier in the Official Gazette of the Republic of Slovenia pursuant to Article 116(5) of this Act. (3) Notwithstanding the identified risks referred to in the first paragraph of this Article in respect of its third-level support service providers and notwithstanding the limitation of the use of such services by high-risk suppliers referred to in Article 115(5) of this Act in view of the deadline referred to in the first paragraph of Article 116 of this Act, the operator referred to in the first paragraph of this Article may maintain the provision of third-level support services by high-risk suppliers until the expiry of the mutual agreements, but no longer than seven years from the publication of the information on the decision issued on the designation of a specific high-risk supplier in the Official Gazette of the Republic of Slovenia pursuant to Article 116(5) of this Act. Article 312 (publication of guidelines and information on interconnection and operator access procedures) The Agency shall publish guidelines and information on the procedures for interconnection and operator access referred to in Article 130(8) of this Act on its website within three months of the entry into force of this Act. Article 313 (validity of the decision appointing the universal service provider) After the entry into force of this Act, the current universal service provider shall continue to provide universal service on the basis of a decision issued in accordance with the Electronic Communications Act until the expiry of this Decision. Article 314 (harmonisation of the Rules) The Minister responsible for disability protection shall align the Rules on technical aids and adaptations of vehicles (Official Gazette of the Republic of Slovenia Nos 71/14, 37/17 and 57/18) with the provision of Article 175(1) of this Act within six months of the entry into force of this Act. Article 315 (public notification and alerting) Providers of publicly available number-based mobile interpersonal communications services shall ensure that end-users are informed and alerted via the public mobile network in accordance with Article 201 of this Act by 21 June 2022 at the latest. Article 316 (harmonisation of general conditions) Operators must adapt their general terms and conditions to the provisions of this Act within nine months of its entry into force.  Article 317 (issue of implementing regulations) (1) The deadline for issuing implementing regulations which are mandatory under this Act shall be no more than six months after the entry into force of this Act, except for the implementing regulation referred to in the third paragraph of Article 201, for which the deadline shall be three months after the entry into force of this Act. (2) Until the issue of the decree referred to in the third paragraph of Article 20 of this Act, Article 11 of the Electronic Communications Act shall apply. Article 318 (amendments to the act governing information security) In the Information Security Act (Official Gazette of the Republic of Slovenia Nos 30/18 and 95/21), in Article 21(5) and in Article 22(5), the words "Appeal against the decision referred to in the preceding paragraph shall not withstand its enforcement." replaces the wording "The operator of the decision referred to in the preceding paragraph shall not allow an appeal, but an administrative dispute is allowed. An administrative action shall be filed at the seat of the administrative court of the Republic of Slovenia. The procedure shall be necessary and a priority.’. Article 319 (expiry) (1) On the date of entry into force of this Act, the following regulations, general acts and statutes issued on the basis of the Electronic Communications Act shall cease to apply: 1. General act on the disaggregated account (Official Gazette of the Republic of Slovenia No 99/13), 2. General Act on the Plan of Use of Radio Frequencies (NURF-4) (Official Gazette of the Republic of Slovenia Nos 10/18, 46/19 and 139/20), 3. General Act on the Security of Networks and Services (Official Gazette of the Republic of Slovenia Nos 75/13 and 64/15), 4. General Act on conditions for the use of radio frequencies intended for radio amateur and radio amateur satellite services (Official Gazette of the Republic of Slovenia Nos 68/13 and 48/18), 5. General Act on how to take into account the criteria for the provision of price options and for the establishment of packages for consumers with low incomes or with special needs in the framework of the provision of universal service (UL RS No 62/13), 6. General Act on the collection, use and provision of data on the development of the electronic communications market (UL RS Nos 77/16 and 58/19), 7. General act on the form and method of publication of a notice on the modification of the terms of the subscription contract (Official Gazette of the Republic of Slovenia Nos 62/13 and 43/17), 8. General Act on the Mediation Procedure (Official Gazette of the Republic of Slovenia No 62/13), 9. General Act on requirements for the interaction of digital interactive television services and digital television equipment used by consumers (Official Gazette of the Republic of Slovenia No 44/13), 10. Decision establishing the Agency for Communications Networks and Services of the Republic of Slovenia (Official Gazette of the Republic of Slovenia Nos 41/13 and 66/17), 11. General Act on the Classification of Programmes in Public Digital Television Networks (Official Gazette of the Republic of Slovenia No 48/13), 12. General Act on the method of calculating payments for the use of numbering elements (Official Gazette of the Republic of Slovenia Nos 31/13, 21/16, 15/17 and 72/18), 13. General Act on the method of calculating payments for the use of radio frequencies (Official Gazette of the Republic of Slovenia Nos 30/13, 33/13 — corr., 40/13 — corr., 81/14, 21/16, 63/16 and 64/19), 14. General Act on Number Portability (Official Gazette of the Republic of Slovenia Nos 62/13, 23/18 and 77/18), 15. General act on the numbering plan (Official Gazette of the Republic of Slovenia Nos 62/13, 107/13 — corr. and 41/18), 16. General instrument on transmission speeds suitable for functional access to the Internet (Official Gazette of the Republic of Slovenia Nos 27/18 and 21/21), 17. General Act on the Quality of Universal Service (Official Gazette of the Republic of Slovenia Nos 27/18 and 21/21), 18. General Act on the content and form of a notice on the provision of public communications networks or the provision of public communications services (Official Gazette of the Republic of Slovenia, No 62/13), 19. General Act on the size of the number blocks, for which a project must be attached to the application (Official Gazette of the Republic of Slovenia, Nos 62/13 and 72/18), 20. General act on the content and form of the application for a decision granting the numbering elements (Official Gazette of the Republic of Slovenia Nos 62/13 and 72/18), 21. General Act on the method of calculating the net cost of universal service (Official Gazette of the Republic of Slovenia No 27/18), 22. General Transparency Act concerning planned construction works and joint construction of commercial public infrastructure (Official Gazette of the Republic of Slovenia No 9/18), 23. General Act on Access to Existing Physical Infrastructure (Official Gazette of the Republic of Slovenia No 12/18), 24. General Act on minimum requirements for the planning and implementation of access and distribution points (Official Gazette of the Republic of Slovenia No 39/18), 25. General Act on Monitoring and Control of the Use of Data Services (Official Gazette of the Republic of Slovenia No 9/18), 26. General Act on Internet Access Services and related end-user rights (Official Gazette of the Republic of Slovenia No 54/19), 27. General Act on the application of the RDS system and identification in DAB networks (Official Gazette of the Republic of Slovenia, No 67/15), 28. General Act on the Restriction of Signals of Analog Sound Broadcasting Stations (Official Gazette of the Republic of Slovenia, No 44/13), 29. Articles of Association of the Agency for Communications Networks and Services of the Republic of Slovenia (UL RS No 43/18), 30. Decree on the plan for the deployment of radio frequency bands (Official Gazette of the Republic of Slovenia Nos 69/13, 1/17 and 170/20), 31. Decree on measures for disabled end-users (Official Gazette of the Republic of Slovenia No 38/14), 32. Decree on the right to network connection points with priority (Official Gazette of the Republic of Slovenia No 79/13), 33. Rules on the implementation of Article 153 of the Electronic Communications Act (Official Gazette of the Republic of Slovenia No 73/13), 34. Rules on quality of service for the single European emergency number 112 and police number 113 (Official Gazette of the Republic of Slovenia No 17/18), 35. Rules on simple communication objects and maintenance of communication objects (Official Gazette of the Republic of Slovenia No 77/13), 36. Rules on equipment and interfaces for the lawful interception of information (Official Gazette of the Republic of Slovenia No 89/13), 37. Rules on the management and content of data on communications networks and associated infrastructure, network termination points and other electronic communications networks (Official Gazette of the Republic of Slovenia No 19/18), 38. Rules on the service card of an authorised person of the Agency for Communication Networks and Services of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No 11/15). (2) The implementing regulations referred to in the preceding paragraph shall apply until implementing regulations are issued on the basis of this Act. Article 320 (expiry) (1) On the date of entry into force of this Act, the Electronic Communications Act and the following regulations issued on the basis thereof shall cease to apply: 1. General Act on the conversion of numbers into ENUM — numbers (Official Gazette of the Republic of Slovenia No 62/13), 2. General Act on the elements of the model offer for wholesale local access at a fixed location (Official Gazette of the Republic of Slovenia No 6/19), 3. General Act on the elements of the model offer for unbundled access to the local loop (Official Gazette of the Republic of Slovenia Nos 62/13 and 6/19), 4. Rules on the categories of consumers entitled to special price options or packages (Official Gazette of the Republic of Slovenia No 105/13). (2) On the day this Act enters into force, the Digital Broadcasting Act (UL RS Nos 102/07, 85/10, 47/12 and 109/12 — ZEKom-1) shall cease to apply. Article 321 (entry into force) This Act shall enter into force on the thirtieth day of its publication in the Official Gazette of the Republic of Slovenia.