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Media Study - Medija centar Beograd

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5.19 ANNEX – LAW ON TELECOMMUNICATIONS<br />

TELECOMMUNICATIONS LAW<br />

(Official Gazette of Republic of Serbia no.44/2003. and no.36/2006)<br />

I - GENERAL PROVISIONS<br />

Scope of the Law<br />

Article 1<br />

Under this Law, the conditions and the manner of performing activities in the<br />

field of telecommunications are regulated in accordance with international legal<br />

standards; the Republic Telecommunications Agency is established; the powers for<br />

regulating relations in the telecommunications sector are stipulated; and it regulates the<br />

issues referring to the elimination of monopolies and monopolistic behaviour; principles<br />

and procedures for granting operating licenses; regulation and control of<br />

telecommunications service tariffs under the conditions of a limited market;<br />

interconnection between telecommunications networks and operators; leased lines;<br />

scope, contents and quality of universal service, as well as rights and obligations of<br />

telecommunications operators in this field; radio communications; international<br />

telecommunications unless regulated by some other law; and other issues of importance<br />

for the functioning and development of telecommunications in the Republic.<br />

Article 2<br />

The provisions of this Law do not apply to the right of physical and legal<br />

persons to broadcast or distribute radio and television programs intended for an<br />

unlimited number of users, except to the extent that such rights require the use of radio<br />

frequencies or the installation, use, and maintenance of telecommunications equipment.<br />

Principles Regulating the Relations in the Telecommunications Sector<br />

Article 3<br />

The principles governing the regulation of the relations in the<br />

telecommunications sector are:<br />

1. to provide the conditions for the development of telecommunications in the<br />

Republic of Serbia;<br />

2. to protect the interests of the users of telecommunications services;<br />

3. to create conditions to satisfy users’ needs for telecommunications services;<br />

4. to promote competition, economy and efficiency in all areas of telecommunications;<br />

5. to ensure the highest possible quality of telecommunications services;<br />

6. to ensure interconnection between telecommunications networks or operators on<br />

equal and mutually acceptable terms;<br />

7. to ensure rational and economical use of radio frequency spectrum;<br />

2<br />

8. to harmonize activities in the telecommunications sector with international<br />

standards, best practices and existing technical regulations.<br />

Definitions of Terms and Phrases<br />

Article 4<br />

The terms and phrases used in this Law, unless otherwise defined herein, shall<br />

have the following definitions:<br />

1. “telecommunications” means any transmission, emission or reception of messages<br />

(speech, sound, text, image or data) in the form of signals by using wire, radio,<br />

optical or other electromagnetic systems;<br />

2. “telecommunications network” means a network of telecommunications systems<br />

and equipment enabling the transmission of data in accordance with users’ requests;<br />

3. “telecommunications equipment” means equipment and devices for emission,<br />

transmission, and reception of signals, and the corresponding software used in<br />

telecommunications;<br />

4. “user” means a physical or legal entity that employs the services provided by a<br />

telecommunication system based on subscription contract or other specified<br />

arrangement;<br />

5. “telecommunications service” means a service whose provision consists wholly or<br />

partly of the transmission or routing of signals over a telecommunications network<br />

in accordance with the requests of users and telecommunications process;<br />

6. “telecommunications operator” means a legal or physical entity who builds, owns,<br />

or exploits a telecommunications network(s) and/or provides telecommunications<br />

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