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Media Study - Medija centar Beograd

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24<br />

3. any requirements for quality and level of service;<br />

4. information on the license holder and conditions for change of license holder;<br />

5. individual license duration period;<br />

6. amount of and payment terms for the individual license fees;<br />

7. obligation of the license holder to make public its tariffs and other conditions<br />

applicable to the users;<br />

8. interconnection and special network access conditions that the license holder has to<br />

meet in order to provide open access to its network and services and interconnection<br />

with other networks;<br />

9. obligations to develop and expand the network and services provided and the<br />

timetable of those activities, i.e. plan for network development and introduction of<br />

new services;<br />

10. conditions or reasons for revocation of the individual license;<br />

11. restrictions on individual license transfer;<br />

12. monetary contributions, if any, for universal service funding;<br />

13. requirements for filing, registration and publication of information;<br />

14. availability of numbers in the numbering plan;<br />

15. rules to protect the personal data and privacy specific to particular field of<br />

telecommunications;<br />

16. conditions prohibiting anti-competitive activities and behaviour for public<br />

telecommunications operators with significant market power;<br />

17. rules to protect the users, specific to particular field of telecommunications; and<br />

18. conditions for planning of land use and environmental requirements, including<br />

conditions for acquiring rights of access to public or private land and conditions for colocation<br />

and facility sharing.<br />

General authorization shall contain at least the information and the terms and<br />

conditions provided for under items 1, 2, 5, 7, 9, 12 and 15 of paragraph 1 of this<br />

Article.<br />

Modifications of License for Public Telecommunications Networks and<br />

Public Telecommunications Services<br />

Article 40<br />

The terms and conditions of the individual license may only be subject to<br />

modification by an agreement between the Agency and the license holder or by the<br />

Agency without the consent of the license holder in the following cases:<br />

1. if it is in the public interest, such as state defense, national and public security and<br />

the like;<br />

2. for the purpose of bringing the license into compliance with regulations, guidelines,<br />

directives or decisions of international organizations of which the state union of<br />

Serbia and Montenegro is a member, or with those which are enforced in the<br />

territory of the state union of Serbia and Montenegro by resolution of the relevant<br />

authority.<br />

General authorizations may be amended by an Agency decision based on the<br />

reasons stated under paragraph 1 of this Article, while in order to amend the<br />

authorizations for the reasons stated under item 2, paragraph 1 of this Article the<br />

Agency shall obtain opinions on the proposed modifications from all relevant general<br />

authorization holders.<br />

25<br />

Adoption of the Agency decisions regarding modifications of a license shall be<br />

transparent, allowing the license holders to state their opinion about the reasons and<br />

scope or contents of the proposed modifications.<br />

In adopting its decision the Agency shall restrict the rights of a license holder to<br />

the minimum possible extent required to accomplish the goal or purpose of the<br />

restriction or modification.<br />

Modifications shall apply equally to all licenses or all license holders, unless<br />

there are special reasons for taking a different course of action such as, for instance, for<br />

the public telecommunications operators with exclusive rights or significant market<br />

power.<br />

Revocation of License for Public Telecommunications Networks and<br />

Public Telecommunications Services<br />

Article 41<br />

A license (individual license or general authorization) may be revoked for the<br />

following reasons:<br />

1. repeated or serious violations of the license terms and conditions, or the terms and<br />

211

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