Media Study - Medija centar Beograd
Media Study - Medija centar Beograd
Media Study - Medija centar Beograd
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conditions under this Law;<br />
2. failure to pay a license fee within 30 days from the date of issuing the license, or<br />
within 30 days from the payment due date; and<br />
3. bankruptcy, involuntary liquidation or long periods of insolvency of the license<br />
holder.<br />
Before deciding to revoke a license, the Agency shall submit prior written notice<br />
to the license holder of the violations of the conditions stipulated under the license or<br />
under the law, or about other violations, and order the license holder, if it is possible and<br />
justified in view of the nature of such violations, to remedy the violations within a<br />
reasonable time. If the license holder fails to comply fully with the Agency order, the<br />
license shall be revoked under a written decision provided to the license holder.<br />
The conditions and procedure for revoking licenses shall to be specifically<br />
defined in the Agency by-law.<br />
Suspension of Rights and Obligations from the License<br />
Article 42<br />
Following the decision of the Agency, the rights and obligations stated in the<br />
license may be suspended in the following cases:<br />
1. war or state of emergency;<br />
2. events of Force Majeure which seriously affect the ability of a license holder to<br />
fulfill its obligations under the license or this Law.<br />
The suspension of rights shall not be longer than the duration of the<br />
circumstances that caused the suspension.<br />
During the suspension the license holder cannot use his/her rights from the<br />
license, nor has any obligation to pay the fees referred to in the license. The validity<br />
period of the license will be extended for the suspension period.<br />
The Agency may also adopt the decision referred to in paragraph 1 of this<br />
Article in the cases for which revocation of the license is stipulated, if a license holder<br />
furnishes satisfactory evidence that during the period in which the rights and obligations<br />
26<br />
from the license are suspended the violations that are the cause of the suspension shall<br />
be remedied.<br />
The suspension referred to in paragraph 4 of this Article is terminated when the<br />
Agency has established that the license holder has remedied the violations that caused<br />
the suspension.<br />
If the license holder has not remedied the violations within the suspension<br />
period, the Agency institutes proceedings for seizing the license.<br />
During the suspension period determined for reasons referred to in paragraph 4<br />
of this Article, the license holder cannot exercise only the rights stipulated in the<br />
license.<br />
IV - TARIFFS, INTERCONNECTION, UNIVERSAL SERVICE AND LEASED<br />
LINES<br />
1. Tariffs<br />
Conditions for Introduction of Special Tariff Regime<br />
Article 43<br />
The Agency may establish a special tariff regime for public telecommunications<br />
operators in the following cases:<br />
1. if there is only one public telecommunications operator for a particular<br />
telecommunications service or if a public telecommunications operator has<br />
significant market power in the telecommunications service market; or<br />
2. if a public telecommunications operator cross-subsidizes or co-finances another<br />
telecommunications network or service of its own using revenues generated from<br />
the operation of the telecommunications network or provision of<br />
telecommunications service where it has a monopoly or significant market power.<br />
The Agency may adopt a by-law establishing the cases in which the public<br />
telecommunications operator providing a particular type of public telecommunications<br />
service is deemed to have significant market power. In establishing the above, the<br />
Agency shall start from the prescribed percentage and may increase or decrease it by up<br />
to a maximum of 25%.<br />
Tariff-Setting Criteria<br />
Article 44<br />
The Agency shall set the tariffs referred to in Article 43 hereof, based on the<br />
following criteria:<br />
1. tariffs shall be set so as to allow license holders to recover their reasonable costs for<br />
providing efficient service and to make profit that will be sufficient to allow for<br />
investments in considerable improvements of services and for new investments;<br />
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