04.02.2013 Views

Media Study - Medija centar Beograd

Media Study - Medija centar Beograd

Media Study - Medija centar Beograd

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

operator in accordance with this Law, are made by the Agency in the manner stipulated<br />

in its Statutes.<br />

In deciding on the rights and obligations of the public telecommunications<br />

operator or on sanctions to be imposed, the Agency shall allow the public<br />

telecommunications operator to present the relevant facts before the decision is made, as<br />

well as to submit all documentation or other evidence which the public<br />

telecommunications operator deems relevant for decision-making.<br />

The decision of the Agency is final.<br />

Upon an initiative of a party, or upon its own initiative, or upon a complaint<br />

instituted in the administrative litigation, the Agency may decide to amend or revoke its<br />

decision. The administrative litigation may be instituted against any such amendment or<br />

revocation of the Agency’s decision.<br />

Any party believing that the decision of the Agency has violated any of its rights<br />

or interests protected by the law may institute a proceeding administrative litigation by<br />

appealing against the decision with the court of competent jurisdiction.<br />

Within 15 days from the delivery of the Agency’s decision, the party is under an<br />

obligation to comply with such decision, and if it fails to do so, the decision shall be<br />

enforced in accordance with the rules of standard administrative proceedings, unless the<br />

Agency, in the event from paragraph 4 of this Article, or the court, upon the appeal<br />

instituted in the administrative litigation, temporarily suspends the enforcement of the<br />

decision.<br />

8. Supervision<br />

Supervision Authorities<br />

Article 24<br />

The Agency supervises the activities in the telecommunications sector and the<br />

use of the radio frequency spectrum.<br />

In exercising the supervision and enforcement referred to in paragraph 1 of this<br />

Article, the Agency is authorized to:<br />

1) examine the operation of telecommunications networks, systems and equipment,<br />

including radio stations, and provision of telecommunications services for which<br />

licenses have been granted in compliance with this Law, as well as to take measures<br />

to remedy the established irregularities;<br />

2) examine the compliance by telecommunications operators with the terms and<br />

conditions from the license, and to take measures against the telecommunications<br />

operators who do not comply with the prescribed terms and conditions;<br />

3) examine the compliance of the telecommunications networks, which do not require<br />

a license for construction and operation in compliance with this Law, with the<br />

prescribed norms and standards;<br />

4) detect the telecommunications networks, systems and equipment, including radio<br />

stations, and/or telecommunications services which are operated or provided<br />

without a previously obtained license, and to take measures to suspend their<br />

operation or provision;<br />

15<br />

5) examine the compliance by public telecommunications operators with the<br />

obligations stipulated herein pertaining to tariffs, universal service, interconnection,<br />

leased lines, privacy and security of information, as well as with other obligations<br />

stated herein, and to take measures to remedy the irregularities established with the<br />

operators;<br />

6) examine the compliance by public telecommunications operators and other radio<br />

frequency users with the obligations stipulated herein and regulations adopted on<br />

the basis of this Law pertaining to radio communications, and to take measures to<br />

remedy the established irregularities;<br />

7) examine whether technical inspection of the telecommunications networks, systems<br />

and equipment, including radio stations, has been carried out before putting them<br />

into operation, as well as whether the relevant technical license has been granted for<br />

telecommunications systems and equipment; and<br />

8) investigate harmful interferences in the operation of the licensed<br />

telecommunications networks, systems and equipment, including radio stations, and<br />

to take measures to remedy such interferences.<br />

Telecommunications Inspectors and Radio-Emission Controllers<br />

Article 25<br />

The Agency shall exercise the supervision and enforcement referred to in Article<br />

24 hereof through telecommunications inspectors, radio-emission controllers and the<br />

Managing Board.<br />

Telecommunications inspectors may be persons who have graduated from one of<br />

204

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!