February 2001

Slovenia Master Report

2.1 Historical overview and general legislation

The organisational and legislative framework of telecommunications in Slovenia has been changed a few times. Most of the telecommunications services were under the monopoly of PTT organisations. Purchasing and selling of the telecommunications equipment were free, provided it had a type-approval of a PTT. Since 1960, nine PTT organisations had been relatively independent. Later, they were merged into the Composite Enterprise SP PTT Ljubljana. In October 1993, they were merged into the united enterprise – PTT, that split on 1 January 1995 into Posta Slovenije and Telekom Slovenije.

Apart from the PTT, the telecommunications legislation defined only the telecommunications of broadcasting organisations and closed (functional) networks of public utilities. The paging services (based on the RDS), cable communications and distribution systems (since 1982), and Internet services (since mid nineties) have been developing separately. The mobile telephony (NMT 410 and GSM 900) has also been developing relatively independently.

In Yugoslavia, telecommunications competence was strongly concentrated at the federal level. Slovenia did not have its own telecommunications bodies and it lacked experience of telecommunications policy creation and management. After the proclamation of Slovenia’s independence, the Telecommunications Administration was established as a part of the Ministry of Transport and Communications.

Since the proclamation of the independence, the promotion of the development of telecommunications industry, infrastructure and services have not been top issues neither on the agenda of the Slovene Government nor the National Assembly. It took almost six years to set up foundations for a new telecommunications legislative framework.

Before 1997, the telecommunications legislation was covered with three laws. In 1994, the Rules on Using Telecommunications Regulations (O.G. RS, No. 66/94) were adopted, defining which of about 500 regulations issued in former Yugoslavia were still valid and which were not (84 regulations stayed in use).

The general legislative framework for the telecommunications policy is based on the Law on Telecommunications that was passed by the National Assembly in May 1997 and came into force on 28 June 1997. Within two years of the new Law on Telecommunications becoming effective, the Government and the Minister in charge of telecommunications should issue subsidiary regulations. This means that the Law has been fully implemented by the end of June 1999.

The Law on Telecommunications of 1997 represents an important step forward from the previous regime toward a more open environment. It is based on the European telecommunications legislation but mainly on that from the early nineties. The emphasis is on the regulation of technology and services and less on the open network provision. The Law does not include all legislative measures of the existing European legislative framework.

The framework for competition is set by the Law, by defining the authority and responsibilities of the Telecommunications Administration, which is the National Regulatory Authority and responsible for the licensing procedure for commercial services.

2.1.1. Key Legislative Measures

2.2 Umbrella Policies and national IS strategy

Slovenia does not have any umbrella policy on the Information Society. The Strategy for the Economic Development of Slovenia, prepared by the Institute of Macroeconomic Analysis and Development and adopted by the Government in April 1995 and National Assembly in April 1996, covers only the development of telecommunications. In the Strategy for Increasing the Competitiveness Capabilities of the Slovene Industry adopted by the Government in November 1996, the informatisation of industry is mentioned briefly. Furthermore, neither Information Society nor electronic commerce were explicitly put into the focus of national economic policy nor national budget priorities for 2000. The long-term target economic growth shall be reached through promoting the development based on saving, new investments, proper use and further development of human resources, technology development, quality, and innovation culture. Apart from ensuring economic efficiency, the economic policy will be based on sustainable economic development focusing on human and environmental dimensions. Based on long-term development priorities, the following budget priorities were set for 2000: technology development, active employment policy, agriculture, regional development and strengthened defence ability.

The Slovene Information Technology Association has stressed several times that Slovenia needs a national IS umbrella policy and action plan. In order to stimulate further discussion on the adoption of the respective documents, the Association organised a public discussion on Slovene Information Society action plan: eEurope - A Slovene way to the Information Society. The participants were discussing the eEurope initiative from the Slovene point of view and proposed key actions for a national action plan. After consolidating the report, the Association shall invite the Government to take a proactive approach and prepare the national IS action plan. The participants emphasised that further delaying of the adoption of this plan could have negative impacts on further economic and social development.

2.3 IS Application Areas (general overview)

2.4 Government and administration (national, regional, local)

The Government established the Government of the Republic of Slovenia Council for the use of information technology in state bodies and public institutions, as well as in other organisations performing public functions (O.G. RS, No. 56/96, 11/98) that has an advisory role. The body, responsible for the informatisation of state bodies is the Government Centre for Informatics. The Centre drafted the Strategy for Providing the State Bodies with an Information Infrastructure by the Year 2000, which was adopted by the Government on 1 February 1996.

2.5 Telecommunications and Internet

The general telecommunications policy has been defined by the National Programme for the Development of Telecommunications. The main purpose of the National Programme (Law on Telecommunications, Official Gazette (OG) of the Republic of Slovenia (RS), No. 35/97) is to define:

• the long-term development of the telecommunications networks and services,

• investments into the public telecommunications network, and

• economically justifiable technologies to be used for covering the rural and less developed regions with public telecommunications services.

The Government of the Republic of Slovenia approved the National Programme for the Development of Telecommunications on 1 April 1999 (missing the deadline by about eighteen months) and passed it to the National Assembly of the Republic of Slovenia for adoption.

On 29 May, the first meeting of the sub-committee for innovation, a bilateral body between Slovenia and the European Union based on the European Association Agreement, was held in Ljubljana. The meeting was co-chaired by Dr Miro Rozman, State Secretary for Post and Telecommunications, and Mr Jaime Garcia Lombardero, the main negotiator of the European Commission for Slovenia. The sub-committee for innovation is responsible for the fields of education, training and youth, science and technology, co-operation in the sphere of culture, and for audio-visual policies and telecommunications.

According to Jaime Garcia Lombardero, Slovenia must adopt a Law on Media and Law on Telecommunications that would be harmonised with the EU Acquis Communautaire by the end of this year.

The Law on Media has already passed the first reading in the National Assembly and is now being prepared by the Government for the second reading. However, there has been some delay in adopting the Law on Telecommunications. It should be adopted by the end of this year along with the secondary legislation, which would enable Slovenia to establish a framework for liberalisation of telecommunications. Slovenia has to speed up the whole process in order to catch up with the deadlines.

The Ministry of Transport and Communications prepared a draft of the new Law on Telecommunications that was harmonised with the Acquis Communautaire. The previous Government approved the draft of the new Law on Telecommunications on 1 June and sent it to the National Assembly for adoption. The new Government being endorsed by the Parliament on 7 June, discussed and approved the Law on Telecommunications again at its session on 19 June and passed it to the National Assembly (a fast-track procedure). The draft has not been radically changed. The only major change was probably the inclusion of provisions on the restitution of investments of local communities and individual investors in public infrastructure that the previous Government proposed to regulate by a separate Law that had been submitted to the National Assembly by a member of the National Assembly, Mr Roman Jakic. Both proposals differ in the amount intended for the restitution: while Mr Jakic proposed 400 million Slovene tolars (approx. € 1,9 million), the new Government proposed 20 million Slovene tolars which is almost € 100 million.

The new Law on Telecommunications shall

• govern the transfer of information via telecommunications networks and conditions for the provision of public telecommunications services and operation of public telecommunications networks,

• govern the issuing of licences for the provision of telecommunications services,

• define conditions and procedure for using the radio frequency spectrum and the conditions for network interconnection and connection of users,

• govern the provision of universal telecommunications services,

• define the conditions for using telecommunications numbers and the conditions for using radio terminal equipment,

• govern the funding, organisational structure and operation of the Telecommunications Agency as an independent regulatory organisation and the responsibilities of authorities that perform other administrative tasks governed by the Law on Telecommunications,

• define the tasks of the Telecommunications Council,

• define the rights and obligations of operators of telecommunications services and users thereof,

• regulate other issues connected with telecommunications.

According to Article 2, the purpose of the new law is:

• to ensure competition on the market for telecommunications services and to facilitate reliable telecommunications services, the provision of which is to be co-ordinated with the expectations and needs of users,

• to ensure universal telecommunications services for all at an accessible price, including the requirements for emergency services,

• to protect interests of users of telecommunications services including the safeguarding of secrecy and confidentiality in telecommunications,

• to ensure and promote efficiency and competition among operators,

• to ensure efficient use of the radio frequency spectrum and telecommunications numbering system,

• to exploit emerging technology,

• to safeguard the interests of security and defence of the realm.

In the lifetime of the ESIS project, government also issued an ordinance about changes and supplements in the ordinance for distribution of radio frequency spectrum in Slovenia, which was published in the year 1998.

Government also issued an ordinance about changes and supplements in the ordinance for granting the concession for usage of radio frequency spectrum at 1800 MHz for mobile telephony service. Tender was published in 1999 and four companies presented their offers: Western Wireless form USA, Teleimpuls from Slovenia, but 100% owned by Mobilkom from Austria and two local mobile operators Mobitel and Simobil.

Government passed the law on electronic business and digital signature. This law regulates electronic business, which is defined as business in electronic form, conducted across remote access using communication and information technology. Law also defines how digital signature should be used in day-to-day business and legal transactions.

Government also issued an ordinance which defines conditions for conducting electronic business and using digital signature. This ordinance defines rules and standards which are used for judging the activity of the verifiers, issuing verifications, and it also includes internal rules of verifiers and their activities, definitions regarding signing and verifying safe electronic messages, time validity of verifications, safe time mark, marks of the accredited verifiers and definitions when conducting electronic business in public sectors. Ordinance also defines that all hardware, software and procedures used to conduct electronic business has to be in compliance with EU standards.

2.6 Electronic Commerce

A draft of the Law on Electronic Commerce and Digital Signature has been drafted by the Government Centre for Informatics and earlier this year (on 24 February 2000), the Government approved it for adoption to the National Assembly (a fast-track procedure). The National Assembly adopted the Law on 13 June 2000.

The Law is based on the Directive 99/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for Electronic Signatures. It governs the exchange of business and commercial information via electronic communications systems and use of electronic signatures. Apart from general provisions, the Law governs electronic messages and data, certificates and certification authorities, technical requirements for secure signature creation, responsibility of certification authorities and their supervision, volunteer accreditation scheme, and legal recognition of foreign certificates.

By adopting the Law on Electronic Commerce and Electronic Signature, a clear framework was established for the use of electronic communications in electronic business and commerce. The established framework could strengthen confidence in new technologies and boost their general acceptance among both consumers and businesses.

Government also issued an ordinance which defines conditions for conducting electronic business and using digital signature. This ordinance defines rules and standards which are used for judging the activity of the verifiers, issuing verifications, and it also includes internal rules of verifiers and their activities, definitions regarding signing and verifying safe electronic messages, time validity of verifications, safe time mark, marks of the accredited verifiers and definitions when conducting electronic business in public sectors. Ordinance also defines that all hardware, software and procedures used to conduct electronic business has to be in compliance with EU standards.

2.7 Education and research

In 1994, the six-year Computer Literacy Development Programme (Ro) was launched on the national level. The funding for the Programme has been provided on the basis of the Law on Funds for the Development Programmes in Education and Training (O.G. RS, No.13/94). The main goals of the Ro are raising the level of informatisation and increasing the efficiency in schools with the emphasis on primary and secondary ones.

The Ministry of Science and Technology in accordance with the Regulations on Procedure and Measures for the Co-Funding of Programmes of Information Infrastructure Organisations (O.G. RS, No. 62/95) started financing the Academic and Research Network of Slovenia and the Institute of Information Science. The Ministry also financed research and development projects in the field of Information Society.

The Government at its session on 29 July 1999 approved a draft of the Law on Supporting Businesses in the Development of New Technologies and Establishment and Operation of Their R&D Units During the Years 2000 – 2003 and passed it to the National Assembly for quick proceedings. In accordance with the Law, 68 million euros should be earmarked in the state budget of which 13 million euros should be available in the next year. Slovenia’s technological lagging behind EU members is one of the major obstacles in its accession to the EU. By closing down R&D units in the private sector during the transition, Slovenia lost 70% of its development engineers due to lack of available engineering positions. Therefore, the law aims first of all at reviving R&D units in enterprises as well as at establishing joint R&D units like branch or regional technological centres. The Ministry of Science and Technology should co-ordinate development programmes between ministries.

2.8 Transport

The common sectorial policy has not been established. The telecommunications infrastructure of railways and motorways is built or modernised in accordance with the National Programme for the Development of National Railways Infrastructure (O.G. RS, No. 13/96), and the National Programme for the Construction of Motorways in the Republic of Slovenia (O.G. RS, No. 13/96).

2.9 Health care

The basis for the informatisation of the healthcare sector will be set up by the National Programme of Medical Informatics being prepared by the Ministry of Health.

2.10 Labour

2.11 Competition

Super Plus d.d., whose main shareholder is PRO Plus d.o.o., acquired Kanal A d.d.. PRO Plus broadcasts two TV programmes, i.e. POP TV* and Gajba TV**. The major shareholder of PRO Plus is CME. After the agreeable cancellation of the intended merger between CME and SBS last year, CME announced plans to acquire the TV broadcasting company Kanal A. SBS, which has (through its Slovene subsidiary, Impaler d.o.o.) a 33% shareholding in Kanal A, gave CME the pre-emptive right to buy its shares in Kanal A. The Competition Protection Office initiated proceedings of assessment of the acquisition regarding the market share and the Law on Prevention of Restriction of Competition (O.G. RS, No. 56/99).

* The broadcaster of POP TV is: MMTV d.o.o. / Tele 59 d.o.o. / TV Robin d.o.o. and TV production company PRO Plus d.o.o. Source: Radio and TV programmes in Slovenia, The Broadcasting Council of the Republic of Slovenia, December 1999.

** The broadcaster of Gajba TV is: Euro 3TV d.o.o. / Tele 59 d.o.o. / Idea TV kanal 10 d.o.o. and TV production company PRO Plus d.o.o. Source: Radio and TV programmes in Slovenia, The Broadcasting Council of the Republic of Slovenia, December 1999.

2.12 Access for all

Slovenia has been restrictive in opening its telecommunications market. By 31 December 2000, Telekom Slovenije had exclusive rights on the provision of public telecommunications services of voice telephony and telex, and on the construction and management of the public telecommunications network intended for the provision of public telecommunications services, data telecommunications and global wideband and multimedia telecommunications.

Other services are liberalised, however the inconsistent Law on Telecommunications and various non-political barriers are delaying actual liberalisation. An open public debate has also been going on about the actual liberalisation status of particular telecommunications services.

2.13 Copyright, intellectual property rights

Slovenia has been devoted to the protection of intellectual property rights since the very beginning of its independence. The first step in creating the legislative framework in this field was made in 1992 by adopting the Law on Industrial Property. Three years later the Law on Copyright and Related Rights and the Law on Protection of Topographies of Integrated Circuits were adopted.

In June 1992, Slovenia declared the continued applicability of the World Intellectual Property Organisation Convention, Paris Convention, Bern Convention, Madrid Convention, Locarno Agreement and Nice Agreement on its territory. Since then, Slovenia has become a party of a number of international treaties on intellectual property rights. It is also a member of the World Trade Organisation and is therefore bound to the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

2.13.1 Copyright and Related Rights

Copyright and related rights are covered with the Law on Copyright and Related Rights (O.G. RS, No. 21/95) which has been effective since 29 April 1995. The Law is based on the legislative framework established within the European Union, the Council of Europe, World Intellectual Property Organisation, World Trade Organisation, and others.

Apart from the protection of classic works, the Law also provides for the protection of computer programmes and databases, and regulates the new economic rights (e.g. rental, lending, distribution and importation, satellite broadcasting and cable retransmission), related rights and their collective administration. In compliance with the WTO TRIPS Agreement, special attention has been paid to enforcement issues.

The institutional framework for the implementation of the Law is clearly defined. The collective administration of authors’ rights may be engaged in only by non-profit organisations of authors (collective societies) established specifically for that purpose and have the permission of the Slovene Intellectual Property Office to administer such rights. The Slovene Intellectual Property Office grants the permission to a collective society, fulfilling the conditions, on the basis of a public tender. The permission may generally be entrusted to one such society for the same category of works. The Slovene Intellectual Property Office supervises the exercise of the collective administration of rights.

2.13.2 Industrial Property Rights

Slovenia ratified all important international agreements on industrial property rights (e.g. Patent Co-operation Treaty, Madrid Agreement and Protocol, Hague Agreement). The legislative framework is set by the Law on Industrial Property (O.G. RS, No. 13/92, 27/93, 34/97, 75/97).

For the patents, the definitions basically follow the wording of Article 52 of the European Patent Convention. Scientific discoveries cannot be protected. Apart from this, the protection can be denied only for inventions for which either their publication or exploitation would be contrary to public order or morality, as well as for inventions related to diagnostic or therapeutic methods for the treatment of human and animal bodies. The protection covers even plant or animal varieties.

By signing the Extension Agreement with the European Patent Organisation, the extension of the effects of European patent applications and subsequent European patents to the Slovene territory has been enabled since 1 March 1994.

Industrial designs, trademarks and topographies of integrated circuits are also efficiently protected in accordance with international treaties and agreements.

The protection of industrial property rights in the Republic of Slovenia is administered by the Slovene Intellectual Property Office. Although the legislative framework is harmonised with international practices, the judicial protection is sometimes inefficient due to inefficiency of Slovene courts.

2.14 Public access to data

2.15 Privacy, data protection, consumer protection

2.15.1 Privacy

The protection of privacy and personal rights is a part of the human rights and fundamental freedoms guaranteed by the Constitution of the Republic of Slovenia (O.G. RS, No. 33/91, 42/97). Other legal measures, addressing privacy, have to comply with the Constitution, generally accepted principles of international law and international agreements that bind Slovenia. Proclaimed international agreements to which Slovenia adheres take immediate effect.

Slovenia has ratified a number of international agreements on human rights and fundamental freedoms, covering also the protection of privacy. Amongst others, it ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (O.G. RS, No. 7/94, 33/94).

Privacy and data protection in telecommunications and Internet are regulated by the Law on Telecommunications, where confidentiality, protection and security of transmitted messages are treated rather inconsistently. The protection of privacy and confidentiality of transmitted messages is also specified in the Regulation on GSM Network (O.G. RS, No. 4/96).

2.15.2 Data Protection

The protection of personal data relating to an individual is guaranteed by the Constitution. In accordance with the Constitution, any use of personal data is forbidden where that use is in conflict with the original purpose for which data was collected.

Slovenia ratified all important international conventions on data protection, amongst others the Convention No. 108 of the Council of Europe for the Protection of Individuals with Regard to Automatic Processing of Personal Data (O.G. RS-MP, No. 3/94; O.G. RS, No. 11/94).

In accordance with the Constitution, adopted international agreements and general principles of international law, the Law on Personal Data Protection was adopted (O.G. RS, No. 8/90, 38/90, 10/91, 19/91, 17/91, 13/93, 66/93). The Law along with the subsidiary legislation regulates the collection, processing, end-use as well as the supervision and protection of the confidentiality of personal data.

In addition to general legislation on the protection of personal data, there are a number of special laws and subsidiary regulations, dealing with particular data. The civil juridical review and protection of privacy is regulated by the Penal Code of the Republic of Slovenia (O.G. RS, No. 63/94, 70/94). The supervision of the implementation of the Law on Personal Data Protection is performed by the responsible Inspector.

In 1998, the Human Rights Ombudsman received ten initiatives for the protection of fundamental human rights and freedoms related to personal data protection. Nine of them were solved. (Source: Human Rights Ombudsman, Annual Report 1998)

2.15.3 Consumer Protection

The consumer protection is directly or indirectly regulated by several laws and regulations. The most important of them is the Law on Consumer Protection (O.G. RS, No. 20/98, 25/98, 23/99), which has been effective since 28 March 1998. Some other important laws are, e.g. the Law on Protection of Competition, Law on Obligations, Law on Promotion of Tourism (O.G. RS, No. 57/98), Law on General Safety of Products (O.G. RS, No. 23/99), etc.

Responsibilities for the implementation of the Law on Consumer Protection are split between various ministries. An institutional framework for the protection of consumers within the Government was set up by establishing the Consumer Protection Office of the Republic of Slovenia within the Ministry for Economic Relations and Development in 1996.

The Minister responsible for trade appointed an expert council, comprising of representatives of the relevant interested administrative bodies, consumer organisations, business chambers and associations, and renowned experts in consumer protection. The council is primarily involved in the preparation of the National Consumer Protection Programme and annual programme for consumer protection.

Activities in the area of consumer protection may be provided, as a non-profit public service, by consumer organisations on the basis of concessions granted by the Government after a public call for tender. The most important consumer organisation is the Slovene Consumers’ Association, while the development of other consumer movements is still limited.

The implementation of the Law on Consumer Protection is supervised by market inspection bodies within the scope of their authority.

The legislation regarding the consumer protection has not been fully harmonised with EU directives. Amongst others, the existing legislation concerning distance selling has to be amended to comply with the EU legislation. According to the national accession plan, the harmonisation of the Law on Consumer Protection should have been implemented by 31 December 2002.

The National Assembly adopted the National Consumer Protection Programme on 22 June 2000. The National Programme defines consumer protection policy for the five-year period starting 2001 and ending 2005, earmarking an annual amount of € 1 million for its implementation, almost four times the amount, spent last year. The National Consumer Protection Programme establishes the foundations of the consumer protection policy and priorities for its implementation. It also defines the scope of the public service in the field of consumer protection as well as types of tasks to be carried out on the basis of concessions, and the extent of activities financed or co-financed from the state budget.

2.16 Security

2.17 Freedom of expression and information as far as the distribution via electronic networks is concerned

Freedom of expression and information is a human right and fundamental freedom, guaranteed by the Constitution of the Republic of Slovenia. Apart from the Constitution, freedom of information is regulated by the Law on Mass Media (O.G. RS, No. 18/94). The current legislative framework has not been completely harmonised with EU directives. A new Law on Mass Media was approved by the Government on 6 May 1999 and passed to the National Assembly for adoption. Some of its provisions might be disputed.

2.18 Others

3.1 Ministries

3.1.1 The Government of the Republic of Slovenia

The Government of the Republic of Slovenia is the executive body and, at the same time, the supreme body of the state administration. The roles of the Government in the telecommunications field are:

• it issues regulations defined by the Law on Telecommunications;

• it decides upon the selection of a concessionaire;

• it is entitled to restrict the share of foreign legal or physical persons in the basic capital of a concessionairy company, unless overruled by international agreements.

The Government is also an active player in telecommunications as the main shareholder of the incumbent operator Telekom Slovenije and by setting tariffs of public telecommunications services.

3.1.2 The Ministry of Transport and Communications

The Ministry of Transport and Communications is in charge of telecommunications. It had a central role in defining the National Programme for the Development of Telecommunications. Within two years of the Law on Telecommunications coming into force on 28 June 1997, the Minister was responsible for enactment of subsidiary legislation.

The Ministry serves as an appeal body for decisions taken by the Telecommunications Administration and Communications Inspectorate.

3.1.3 The Ministry of Economic Relations and Development

The Ministry of Economic Relations and Development is responsible for tariff issues. The Minister proposes tariffs for public telecommunications services to the Government, which then takes a decision. Through its Office for Competition Protection, the Ministry should also play a vital role in the competition regulations.

3.1.4 The Ministry of Finance

The Ministry of Finance is responsible for the state’s ownership issues of Telekom Slovenije.

3.1.5 The Ministry of Culture

The amended Law on Mass Media gives more power to the Ministry of Culture in the media field, yet it does not play a significant role in a day-to-day shaping of broadcasting policy.

3.1.6 The Broadcasting Council of the Republic of Slovenia

The National Assembly established the Broadcasting Council on 26 May 1994. The Council has 8 members and a president appointed by the National Assembly drawn from experts in the field of broadcasting and public workers. The Government proposes four members. Members of the Council cannot be officials employed in state bodies, deputies, members of the leadership of political parties or employees of RTV organisations. The mandate of the president and the members lasts 5 years. After their mandate expires they can be re-elected. The Council conducts its work independently. It has a right to demand from the state authorities, RTV organisations and cable operators the information and materials it needs for its work.

3.2 National regulatory authorities

3.2.1 The Telecommunications Administration of the Republic of Slovenia

The Telecommunications Administration is in charge of technical, developmental, organisational and administrative tasks in the field of telecommunications regulations. It has the following duties:

• issuing decrees regarding commercial telecommunications services that may be carried out on the basis of preliminary notification,

• radio frequency spectrum regulation and management,

• granting the right to use of radio frequencies in accordance with the allocation of radio frequency bands and radio frequency plans,

• granting licences for the provision of commercial telecommunications services,

• granting, modifying or cancelling radio licences,

• approval of notification,

• provision of advice on the use of radio frequencies,

• issuing consents for the construction of the public telecommunications network,

• regulating, checking and supervision of conformity of telecommunications equipment and electrical devices with the Law on Telecommunications,

• charging fees for the use of radio frequencies,

• monitoring the operation of telecommunications networks,

• co-operation with the International Telecommunications Union.

The Telecommunications Administration also acts as an appeal body for disputes between users and telecommunications service providers.

3.2.2 The Communications Inspectorate of the Republic of Slovenia

The Communications Inspectorate is responsible for supervising the implementation of the Law on Telecommunications and of the regulations based upon this Law.

3.3.Office for the protection of economic competition

3.3.1. The Office of the Republic of Slovenia for the Protection of Competition

The Office for Competition Protection is responsible to the Ministry of Economic Relations and Development. It performs specific tasks relating to competition rules and carries out procedures in accordance with the competition regulations defined by the Law on Protection of Competition (O.G. RS, 18/93).

The Competition Protection Office issues final decisions against which neither an administrative procedure appeal nor the introduction of an administrative dispute are possible; the protection of rights is only possible in the form of a civil procedure before the court. However, the Competition Protection Office has had a minor role in competition protection in the telecommunications market so far, although it has received several initiatives to investigate the abuse of the dominant or monopoly position. It takes a long time to initiate the assessment procedures and once decisions are made the Competition Protection Office has no executive power. Since the judicial system is inefficient the actual protection of competition is week.

3.4 Consultative councils

There is no consultative council at present. The new law on telecommunications being drafted may propose the establishment of the National Telecommunications Council, which will have a consultative role.

3.5 Bodies in charge of RTD policy

3.6 Organisations in charge of the promotion of the IS

On 23 March 2000, the Government launched an initiative to establish a regional regulatory telecommunications authority within the framework of the SECI (Southeast European Co-operative Initiative). Slovenia is one of the most developed countries in the SECI group in terms of telecommunications development. With the establishment of such a regional authority Slovenia would become a so-called dispatch centre that would connect the Southeastern European region with other European regions. As the situation in the region is very diverse and differs from country to country (monopolies, political culture, non-adequate legal framework, week educational system) it was suggested that countries should co-operate only in those fields their interests lie. The regional co-operation could speed up investments, economic growth and establishment of a relatively balanced market. In addition, licenses could be issued for several countries. The regional co-operation could open new opportunities for local investors, operators and equipment manufacturers etc. Also, common education and training systems could be established. The Government launched the initiative in order to examine interest in other SECI countries in establishing such an authority.

The recent change of Government might have some impact on the telecommunications sector. However, the Government would concentrate on the implementation of the National Programme for the Adoption of the Acquis Communautaire – including telecommunications and information technology. No institutional changes are expected in the following quarter. The first major change shall be seen with the adoption of the new Law on Telecommunications that envisages the establishment of the Telecommunications Agency – an independent national regulatory authority.