Operator disputes and supervision

Operator disputes

According to the Electronic Communications Act (ZEKom), the Agency is responsible for settling disputes between operators regarding technical and commercial issues of operator access or network interconnection. The Agency may issue regulations only in network interconnection or operator access issues on which an agreement between the parties could not be reached, and which do not violate ZEKom. The provisions of the law governing general administrative procedures are used in the process of dispute settlement.
 
The Agency is responsible for the public publication of decisions regarding operator disputes. These have to be published according to the protocol which observes business confidentiality in every dispute settlement procedure, on account of which certain parts of the text must be accordingly restricted.

Supervision

The Agency’s authorized staff independently, with the authorization of the Minister, and in accordance with the requirements of the Inspection Act (ZIN) and ZEKom, monitors the implementation of acts and regulations issued based on ZEKom and conducts administrative procedures and issues decisions and other documents required in administrative procedures.
 
The Agency uses supervision procedures to determine whether electronic communication service operators observe the obligations of ZEKom and the regulations adopted based on ZEKom, general acts, and individual acts or acts adopted by the Agency.
 
Among other areas the Agency is responsible for supervising:

• compliance with the provisions of ZEKom on communication networks and electronic communications services (except the provisions in Article 7 of the act),

• openness of the broadband networks constructed with budget funds from the Republic of Slovenia and compliance with the obligation of construction on the part of the person who showed interest in broadband network construction,

• compliance with the provisions of ZEKom on universal service and the obligation it imposes on the carrier of universal service and the operators,

• compliance with the provisions of ZEKom on mandatory extra services and the obligations it imposes on the carrier of the extra service,

• the use of the provisions of ZEKom on competition and compliance with obligations of decisions issued to the operators with significant market power,

• implementation of ZEKom provisions on numbering and compliance with the provisions issued based on the act,

• implementation of ZEKom provisions on users’ rights (except the provisions of Article 88 which regulates radio and telecommunication terminal equipment),

• implementation of ZEKom provisions on protecting secret and confidential information and electronic communication security (except the provisions on traffic and location data storage acquired or processed in connection with providing public communication networks and sending data traffic and location data in case of preventing bodily harm or death).

If the Agency’s authorized personnel establishes violations during its supervision procedure, they must me remedied by the liable party.
According to the Minor Offenses Act (ZP-1), the Agency can lead offense procedures and impose sanctions independently.

Offense procedures

The Agency’s authorized personnel are also authorized officials who can, based on the Minor Offenses Act (ZP-1), handle offense procedures in which they rule on ZEKom violations and violations of the regulations based on ZEKom.