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Media Study - Medija centar Beograd

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costs, i.e. must reflect the costs of providing interconnection plus a reasonable profit.<br />

The Agency may limit the amount charged by such telecommunications operator<br />

for interconnection.<br />

A public telecommunications operator with significant market power shall make<br />

available to the public information regarding the terms and conditions of<br />

interconnection including technical specifications, network characteristics and costs.<br />

A public telecommunications operator with significant market power shall<br />

conclude interconnection agreements with all other operators under equal and nondiscriminatory<br />

conditions, and shall keep separate accounts of revenues from each of<br />

those operators so as to prevent preferential payment terms for interconnection to<br />

certain operators.<br />

3. Universal Service<br />

Scope and Contents of Universal Service<br />

Article 49<br />

At the proposal of the Agency and taking into account the present level of<br />

telecommunications development in the Republic of Serbia, the Ministry shall designate<br />

the initial group of basic services, which shall be, in terms of this Law, defined as<br />

universal service. The initial scope of universal service must include the following:<br />

1. access to a public fixed telephone service, including the service of data transmission<br />

using voice telephony which enables quality access to the Internet;<br />

2. special measures to ensure equivalent access to the public voice service for the<br />

disabled and socially disadvantaged users;<br />

3. free access to emergency services;<br />

4. public pay phone service; and<br />

5. access to telephone operator and directory services.<br />

29<br />

Rights and Obligations of Public Telecommunications Network Operators<br />

Related to Universal Service<br />

Article 50<br />

The Agency shall designate the telecommunications operator of a public<br />

telecommunications network that shall be responsible for the provision of universal<br />

services.<br />

The public telecommunications network operator from paragraph 1 of this<br />

Article shall have the right to be compensated for universal service costs after it has<br />

fulfilled the obligations stipulated under Article 49 hereof, and the Agency shall, at the<br />

telecommunications operator’s request, confirm the fulfillment of such obligations.<br />

The funds for compensation of costs referred to in paragraph 2 of this Article<br />

shall be provided in the fund for compensation of universal service costs, which shall be<br />

a special account of the Agency for payment of the funds intended for compensation of<br />

universal service costs, which shall be decided by Agency.<br />

This fund shall be financed from the periodical payments from other public<br />

telecommunications operators. The Agency shall specify the amount and the timing of<br />

such payments for each telecommunications operator in proportion to its<br />

telecommunication market share.<br />

The terms and conditions for exercising the right referred to in paragraph 2 of<br />

this Article shall be established under the rules adopted by the Agency.<br />

The public telecommunications network operator from paragraph 1 of this<br />

Article shall provide to the Agency at six-month intervals a report on the costs of<br />

universal service provision, and, at least once a year, a report relative on new<br />

connections to the public telecommunications network.<br />

Universal Service Improvement<br />

Article 51<br />

The Agency shall monitor the progress of universal service realization and, upon<br />

finding that the previously prescribed requirements have been fulfilled, the Agency shall<br />

submit a proposal to the Ministry to adopt a decision on universal service improvement,<br />

which shall contain:<br />

1. identification and description of the services to be provided as universal services,<br />

provided that all reasonable requests for interconnection to the public fixed<br />

telecommunications network at a fixed locations have been met;<br />

2. method of selection of a public telecommunications operator which will provide<br />

such services, with an obligation for the Agency to make the selection public;<br />

3. method of determining maximum rates of services included in the universal service<br />

on the basis of a cost-based principle, with an obligation for the public fixed<br />

telecommunications operator to make the services available in and to average the<br />

prices over all of the regions;<br />

214

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