New solutions and requirements according to the newly adopted Law on Electronic Communications
In the light of harmonizing domestic positive legislation with the European Union, the new Law on Electronic Communications has been in force since May 7, 2023 whereby it is synchronized with the EECC directive, adopted by the European Union in December 2018. Enhancing business conditions in the area of electronic communications, strengthening the mechanisms for protecting users’ rights, as well as encouraging domestic and foreign investments are just some of the aims of the new law.
Among the most important innovations that the new law adopted, are instruments intended for establishing universal service and greater connectivity, in a way that broadband communication infrastructure and networks of the latest generation are spread to the greatest extent possible on the territory of the Republic of Serbia. Within this context, in order to uniform living conditions in urban and less developed areas, on a basis of the new law, broadband Internet access becomes part of the universal service.
The new normative framework also proposes mechanisms for distributing investment risks, which means that investors in infrastructure need to determine how they will regulate their legal position if intend to enter into a cooperation agreement with access seekers. This agreement should serve to distribute investment risks while protecting competition and non-discrimination principles.
Furthermore, as for the planning, design, production, construction, installation, use and maintenance of electronic communication networks and related equipment, in the absence of Serbian standards and technical specifications, the new law prescribes the application of the standards and technical specifications of the European Telecommunications Standards Institute (ETSI), the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC), i.e. in the absence of these, the standards, technical specifications, recommendations and regulations of the International Telecommunication Union (ITU), International Organization for Standardization (ISO), International Electrotechnical Commission (IEC) and the European Conference of Postal and Telecommunications Administrations (CEPT), or of other relevant organizations for standardization.
It is important to investors that under the new provisions, investing in construction and reconstruction of commercial and residential buildings requires meeting new technical requirements, whereby there are also prescribed additional obligations, regarding the construction of cable sewers, physical infrastructure, and other equipment required for implementing a high-capacity electronic communication network. In this sense, the new requirements impose not only the need to harmonize business operations with legal provisions but also the need to improve the contractual conditions that entities enter into and to conduct a more comprehensive risk analysis. The planning documents will specify protective zones around electronic communication networks in which construction and execution of related works are not permitted. Hence, it raises the question of what other obligations will be prescribed by the competent ministry, that investors will have to fulfil during construction and reconstruction.
There are also numerous changes in the matter of the Radio-Frequency Spectrum, especially because provisions of the previously valid law did not allow radio-frequencies, given by an individual license to be assigned, rented, or otherwise transferred to another entity. One of the features of the new law is the possibility of selling or renting radio-frequency spectrum, through a contract, for part or all of the range assigned by the license, with the consent of the Regulator.
One top of that, the initial period of the license for the use of the radio-frequency spectrum, issued under the public imposition procedure, is extended to at least 15 years, with the possibility of extending for another five years. If there is insufficient demand for the usage of the harmonized radio-frequency spectrum, the Regulator may also allow alternative usage of the radio frequency range, including the existing one, but only if that usage does not cause interference in other countries.
There are numerous novelties in the matter of Numbering Resources, whereby the allocation of numbering ranges is now available for the provision of particular services and under certain conditions also to entities that do not perform the activity of electronic communications. Furthermore, a free public warning system is being introduced in the interest of protection and rescue, while parental control services that limit access to certain content, prohibit and limit calls or sending messages to certain numbers, will be available as well.
Finally, as a response to one of the key requests of the European Commission, the new law prescribes instruments for greater independence of the Regulator, not only financially, but also in terms of decision-making, and independence from external influences and political pressures, while removing the influence of the executive power, i.e. government, on the choice, appointment and dismissal of the Regulator’s management body. Instead of a board of directors and director, the Regulator is now managed by a council and director, with the president and members of the council being elected by the National Assembly on the basis of a public competition.
Note: The information contained in this document does not constitute legal advice on any legal matter but is provided only for the purpose of general information about legal changes.
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