Media Study - Medija centar Beograd

Article 108
The Agency shall not, for the duration of the exclusivity period, grant licenses
for public telecommunications services for which exclusive rights were granted before
the coming into force of this Law.
Article 109
Telecommunications company “Telekom Srbija” a.d. (hereinafter referred to as
Telekom Srbija), the operator of the public fixed telecommunications network, has at
the time of this Law coming into force an exclusive right until 9 June 2005, at the latest,
to provide to users in the Republic of Serbia all existing and future types of fixed
telecommunications services (including local, national long-distance and international
fixed telecommunications services, services of public switched telecommunications
network (PSTN), other fixed services of voice mail, data transmission, telematic
services, value-added public telecommunications services, integrated services digital
network (ISDN), intelligent networks services, fixed satellite services, services based on
the DECT (digital enhanced cordless telephone) standard, and leased lines), to build,
own and operate, in the territory of the Republic of Serbia, any and all types of the
existing and future fixed telecommunications infrastructures and networks (including
wireline and wireless fixed facilities), to provide directory services (including “White
Pages” and “Yellow Pages”) and to provide information, over the telephone or in
electronic form, on subscriber numbers used in fixed telecommunications services for
which it has exclusive rights and shall retain this right until the stated date unless the
agreement under which this right has been acquired is amended.
The amendment of the agreement referred to in paragraph 1 of this Article
related to the acquired exclusivity rights shall be legally effective only if the acquired
rights referred to in paragraph 1 of this Article are restricted in scope or type or if their
validity period is reduced under such amendment.
The exclusivity rights from paragraph 1 of this Article does not include Internet
services, multimedia services, any radio/television and other broadcasting cable
television services that may be provided freely and under the equal conditions according
to the provisions of this Law.
For the duration of the exclusivity right, no physical or legal person, except for
Telekom Srbija, may provide any telecommunication service stated in paragraph 1 of
this Article, or organize, promote or participate in the provision of call back services.
Before the expiration of the period stated in paragraph 1 of this Article, any
physical or legal person may apply for a license to build, own and operate a public fixed
telecommunications network or to provide public fixed telecommunications services,
but such person may not be granted a license which will have legal effect before the
expiration of the exclusivity period.
Exceptionally, on the basis of the license granted in accordance with paragraph 5
of this Article, a license holder may build a public fixed telecommunications network
for which the license has been granted, but shall not have the right to put it into
operation or to allow another person to operate it for the purpose of providing any
service covered by the exclusive rights of Telekom Srbija before the license becomes
legally effective.
Article 110
In order to bring the telecommunications sector into conformity with
international standards, rules and directives and in order to create conditions for the
introduction of free competition upon expiration of the exclusivity period, Telekom
Srbija shall, for the duration of the exclusivity period, be under an obligation to:
1. allow and/or enable other public telecommunications operators to provide value
added public telecommunications services over its network;
2. progress towards cost-based tariffs for each individual service, and to finalize this
process in the shortest possible time but not later than 9 June 2005;
3. define in the shortest possible period a plan for improving the quality of its service
to the levels envisaged by international regulations, and in particular by the
regulations of the European Union;
4. introduce, in accordance with the provisions of this Law, cost-based and nondiscriminatory
fees for interconnection and leased lines;
5. separate, within one year from the date this Law is applicable, accounts for its own
activities from the accounts for interconnection and other services and/or benefits
provided to other telecommunications operators;
6. submit to the Agency a report on the costs of providing universal service every six
months until the expiration of the period of exclusivity for the provision of public
fixed telecommunications services;
7. submit to the Agency a report about new lines in the public fixed
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