Media Study - Medija centar Beograd

of this Law, including the terms and conditions relating to the national security.
The provisions of this Law do not apply to interconnection agreements between
domestic and foreign telecommunications operators including interconnection fees and
accounting rates.
A public telecommunications operator, which has been licensed for
interconnection with a telecommunications operator of a foreign telecommunications
network, has the right to conclude a contract for construction of an interconnection
network and exchange of traffic with that telecommunications operator, and to perform
settlement and collection of payments for international telecommunications traffic (net
settlement). The construction of the interconnection network is subject to the provisions
of Articles 86 and 87 of this Law.
Cooperation with International Telecommunications Organizations
Article 95
The Agency shall monitor and inform the relevant government authorities,
telecommunications operators and the public on developments in the sphere of
regulations and rules adopted by international organizations concerned with
telecommunications (EU, ITU, CEPT, WTO and other) and shall take measures to adopt
and incorporate such regulations and rules into the national legal system.
In cooperation with the relevant authority, the Ministry shall co-ordinate and
harmonize the activities related to international cooperation in the telecommunications
sector.
X PENAL PROVISIONS
Article 96
A fine for an economic violation in the amount of 300.000,00 Dinars to
3.000.000,00 Dinars shall be imposed on a public telecommunications operator if it:
1. fails to take relevant measures so as to ensure confidentiality and security of its
services in accordance with Article 54 of this Law;
2. constructs, owns and operates a public telecommunications network and/or provides
public telecommunications services without previously obtaining a license from the
Agency if such license is required under this Law and the regulations adopted on the
basis of this Law (Article 32);
3. owns a public telecommunications network, or provides a public
telecommunications service not covered by its license (Article 34);
3a. does not perform activities from the field of telecommunications through a separate
legal entity or through branches (Article 34, paragraph 4);
4. fails to perform the telecommunications activities through a separate legal entity
(Article 34, paragraph 5);
5. transfers an individual license or a general authorization to a third party without the
prior approval of the Agency (Article 36, paragraph 9 and Article 38, paragraph 6);
6. sets tariffs contrary to those set by the Agency for services subject to the special
tariff regime (Article 44);
7. fails to provide interconnection to another telecommunications operator in
accordance with the provisions of this Law (Article 46);
8. fails to comply with the requests of the Agency pertaining to special terms and
conditions for interconnection (Article 48);
9. fails to fulfill the obligations pertaining to the provision of universal service (Article
50);
10. fails to fulfill the obligations pertaining to the provision of leased lines (Articles 52
and 53);
A fine in the amount of at least 100.000,00 Dinars shall also be imposed for the
economic violations from paragraph 1 of this Article on the responsible person of the
public telecommunications operator.
Article 97
A fine for an offence in the amount of at least 60.000,00 Dinars shall be imposed
on a public telecommunications operator if it:
1. fails to provide a telecommunications inspector with access to a building, fails to
provide him/her with the requested information or documentation, fails to enable the
inspector to complete necessary tests and measuring, or fails to complete such tests
and measuring by themselves at his/her request, or fails to comply with the
summons for the purpose of special tests to be performed in monitoring and
measuring centers (Article 29);
2. discloses information about contents, terms and conditions of message transmission
beyond the minimum level necessary for offering the service on the market (Article
54);
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