Slovenia

[SI] Parliament Passed New Law on Telecommunications

IRIS 2001-5:1/23

Spela Strubelj

Slovenian Broadcasting Council

On 10 April 2001, the Drzavni zbor (Parliament) passed the new Zakon o telekomunikacijah (Law on Telecommunications). The Act aims to liberalize the telecommunications market by privatising the national leading and state-owned telecommunications operator, the Telekom. However, the most important change concerning the media is the merger of the two regulatory bodies for telecommunications and broadcasting. By establishing the new Agencija za telekomunikacije in radiodifuzijo (Agency for Telecommunications and Broadcasting), the existing Svet za radiodifuzijo Republike Slovenije (Slovenian Broadcasting Council) and Uprava Republike Slovenije za telekomunikacije (Telecommunications Administration) will be abolished in the forthcoming months due to the foundation of the Agency. For this reason, provisions within the Law regarding the Agency's internal organizational structure establish two advisory bodies (Telecommunications Council and Broadcasting Council). Both will consist of experts in the relevant legal sectors and shall be independent of day-today policy. Although both councils are of consultative nature, a distinction between them can be noted. The Broadcasting Council will have more a decision-making role as its proposals concerning frequency allocation and broadcasting licences, respectively, are binding upon the Agency. In regard to programming requirements the forthcoming Media Law will still be the legal basis for the decisions of the Broadcasting Council. Also previous specific provisions on nominating, appointing and dismissing the members of the Council are included in the draft Media Law.

The Agency itself is organised as an independent regulatory body. It will be financed indirectly from the state treasury through a special fund with contributions from different licence fees. The powers of the Agency will not be supervisory ones only, they also emphasize the creation of proper conditions for the development of the telecommunications market and the promotion of fair competition as well as ensuring equal access and safeguarding the principle of non-discrimination.