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Media Study - Medija centar Beograd

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An individual license is a license granted by the Agency to a domestic or foreign<br />

physical or legal person whose intention is to build, own or operate a public<br />

telecommunications network, or to provide public telecommunications services in cases<br />

when, the operation of such networks or provision of telecommunications services is<br />

based on scarce resources (e.g. radio frequencies or numbering). The Agency shall<br />

determine the type of telecommunications services for which an individual license may<br />

be granted.<br />

20<br />

An individual license shall be granted based on a completed public tender<br />

procedure.<br />

A general authorization is a license granted to any domestic or foreign physical<br />

or legal person whose intention is to operate a telecommunications network or provide<br />

telecommunications services under standard conditions, and which has fulfilled or has<br />

agreed to fulfill such standard conditions.<br />

Exceptionally, public telecommunications services which are under free regime<br />

as stipulated in the Agency’s by-law may be provided without obtaining the licenses<br />

referred to in paragraph 2 of this Article.<br />

Construction, ownership, or operation of a private telecommunications network<br />

shall be permitted without the licenses referred to in paragraph 2 of this Article, unless:<br />

1. such network requires the use of radio frequencies, or<br />

2. such network is connected to a public telecommunications network over more than<br />

one termination point.<br />

The licenses referred to in paragraph 2 of this Article shall not be required for<br />

the construction and operation of special-purpose telecommunications networks (army,<br />

police and the like).<br />

In accordance with this Law, the Agency shall also grant:<br />

- radio station licenses, granting its holders the right to use radio stations<br />

and a specified radio frequency, and<br />

- technical licenses (certificates), confirming the technical compliance of<br />

telecommunications networks, systems or equipment with the prescribed<br />

norms and standards, thereby allowing license holders to procure, install<br />

and/or put into operation such telecommunications networks, systems or<br />

equipment.<br />

License Holder<br />

Article 34<br />

One legal or physical person may hold or acquire only one license for one type<br />

of a public telecommunications network, that is, only one license for providing one type<br />

of a public telecommunications service, for which a license is required under this Law.<br />

The person referred to in paragraph 1 of this Article, who has been granted a<br />

license for a public telecommunications network or for the provision of a public<br />

telecommunications service may, without a special license, provide all public<br />

telecommunications services which are enabled by the telecommunications network for<br />

which the license has been granted, or which are included in the type of<br />

telecommunications services for which the license has been granted.<br />

If within a public telecommunications network or a public telecommunications<br />

services for which the general authorization for the exploitation or provision has been<br />

granted, it is possible to provide a public telecommunication service, which, in<br />

accordance with this Law and regulations adopted on the basis of this Law, requires an<br />

individual license, such telecommunications service can be provided only after the<br />

individual license is granted.<br />

If a person referred to in paragraph 1 of this Article holds or intends to hold<br />

more than one license for different public telecommunications networks, or for the<br />

provision of various public telecommunication services, such person shall have to<br />

perform each of those activities through a separate legal entity or through branches<br />

21<br />

formed in accordance with the law regulating legal status of the companies (hereinafter:<br />

branch).<br />

A legal or physical person which performs activities other than<br />

telecommunications activities but which holds or intends to hold a license for a public<br />

telecommunications network and/or the provision of public telecommunications<br />

services, is obliged to perform the telecommunications activity for which it holds or<br />

intends to hold a license through a separate legal entity.<br />

General Rules on Licensing Procedures for Public Telecommunications Networks and<br />

Public Telecommunications Services<br />

208

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