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Media Study - Medija centar Beograd

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18) adopt technical regulations;<br />

8<br />

19) supervise and ensure implementation of national and international standards and<br />

technical regulations; and<br />

20)make its work transparent, including the possibility for all interested parties to give<br />

their remarks and comments regarding measures taken and decisions made.<br />

Activities referred to in Paragraph 1 of this Article are performed by the Agency as<br />

delegated activities.<br />

Prevention of Monopolies and Monopolistic Behavior<br />

Article 10<br />

In addition to the responsibilities referred to in Article 9 hereof, the Agency is<br />

authorized to prevent anti-competitive or monopolistic activities and behaviour of public<br />

telecommunications operators, unless they are subject to the procedures conducted by<br />

the anti-monopoly government authority.<br />

The authorization of the Agency referred to in paragraph 1 of this Article shall<br />

include the following:<br />

1. to determine whether a public telecommunications operator has significant market<br />

power, following the internationally recognized guidelines for market analysis and<br />

market share calculation;<br />

2. to explicitly prohibit or restrict any anti-competitive or monopolistic activity or<br />

behaviour in a license granted to a public telecommunications operator;<br />

3. to define a special tariff regime for the public telecommunication services over<br />

which a public telecommunications operator has a monopoly or in which it has a<br />

significant market power, or if, in the opinion of the Agency, the public<br />

telecommunications service is not open for full competition of prices;<br />

4. to define a special tariff regime if a public telecommunications operator having a<br />

monopoly or significant market power cross-subsidizes a competitive network or<br />

service with the revenues generated from the network or the service over which the<br />

operator has a monopoly or significant market power;<br />

5. to order a public telecommunications operator having a monopoly or significant<br />

market power to provide interconnection to other telecommunications operators;<br />

6. to define conditions for interconnection contracts between the public<br />

telecommunications operators having a monopoly or significant market power and<br />

other public telecommunications operators, if a public telecommunications operator,<br />

having a monopoly or significant market share does not accept interconnection<br />

request from other operator, even if that request represents offer given under<br />

standard conditions, or if it does not answer to that request in reasonable time<br />

period;<br />

7. to order a public telecommunications operator having a monopoly or significant<br />

market power in providing of services to allow another public telecommunications<br />

operator to access its network in order to provide value added public<br />

telecommunications services;<br />

8. to order a public telecommunications operator having a monopoly or significant<br />

market power to supply leased lines to another telecommunications operator based<br />

on a reasonable request and available network capacity; and<br />

9. to control any merger, acquisition, take-over or any other change with regard to the<br />

form of organization of telecommunications companies which may result in the<br />

establishment of a monopoly or a company with a significant market power.<br />

9<br />

3. Managing Board<br />

Composition and Appointment of the Managing Board<br />

Article 11<br />

The Managing Board shall have the Chairperson and four members.<br />

At the proposal of the Government, the National Assembly shall appoint and<br />

relieve from office the Chairperson and members of the Managing Board.<br />

The candidates for the Chairperson and the members of the Managing Board are<br />

proposed on the basis of their professional knowledge and experience relevant to the<br />

activities falling within the responsibility of the Agency, in particular in the field of<br />

engineering, economics and law, and the proposal must include at least two candidates<br />

from the field of engineering and at least one candidate from the field of economics and<br />

one from the field of law.<br />

The Government shall determine the candidates upon its own initiative, on the<br />

basis of proposals duly submitted by the Ministry, the Executive Counsil of the<br />

Autonomous Region of Vojvodina, association of telecommunications operators,<br />

200

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