Area: .nan
Competent authority: AKOS, MJU
EZU URL: .nan
Initiative ID: 1183
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-12-10'
Initiative published: '2021-12-10'
Initiative submitted: '2021-12-06'
Response from the competent authority: 'Response of the Slovenian Communications Networks
  and Services AgencyThe Agency welcomes this initiative. However, the Agency has
  no influence on when the network operator will connect the end-user. The Agency
  does not issue any authorisations for the construction of the network, nor for the
  connection of individual facilities to the already built network. On the basis of
  the above, the Agency cannot conclude which bureaucratic obstacles the petitioner
  has in mind. The Agency describes in more detail below its responsibilities and
  obligations of operators towards the Agency in the construction of new networks.The
  construction of networks and the connection of subscribers are subject to free economic
  initiative.Article 9a of the Electronic Communications Act (Official Journal of
  the Republic of Slovenia No 109/2012, 110/2013, 40/2014-ZIN-B, 54/2014 - Decree
  of the US, 81/2015, 40/2017 and 30/2019 - Decree of the US, No 30/2019). US; hereinafter:
  ZEKom-1) does indeed require each operator to announce the construction of a network
  or a particular route in order to optimise the construction interventions in space,
  but this announcement is published on the Agency''s website, where it can be viewed
  by interested parties and does not impede further construction procedures, and neither
  the Agency nor any other authority issues any permits on the basis of this announcement.
  Article 14 of the ECom-1 requires the operator to register the network in the public
  registers, but the operator is obliged to notify the changes three months after
  the modification or construction, so this obligation cannot be a reason for delays
  in connection. The data thus collected is publicly available free of charge on the
  AKOS Geoportal. On the AKOS Geoportal, you can check for your house who owns the
  telecommunications infrastructure in the vicinity and what service that infrastructure
  provides. All the information required by the two notifications above is already
  required by the operators to be collected in advance for their own needs, so it
  does not represent an additional administrative burden for them.The Agency also
  regulates the operator with significant market power in the market for wholesale
  access to fixed broadband services in order to prevent abuse of monopoly power.
  Telekom Slovenije has SMP status. The overall regulation is aimed at ensuring that
  Telekom Slovenije must provide other operators with access to its network, including
  cable ducts, on equal terms, subject to conditions, prices, procedures and deadlines.
  The Decision with all Telekom Slovenije''s obligations is available on the Agency''s
  website. According to point 9.b of the regulatory decision, although Telekom Slovenije
  is required to announce any network construction and upgrades before the works begin,
  this announcement is intended to enable alternative operators to start offering
  their services to end-users in the area of the planned construction or upgrade (for
  example, laying a new fibre-optic cable in the existing duct) in time, which will
  of course be provided over Telekom Slovenije''s network. The purpose of this provision
  is to prevent Telekom Slovenije from tying up end-users in the area without competition
  from other operators. The Agency does not issue any authorisation on the basis of
  this notification, so this notification cannot be the cause of the delay, nor must
  Telekom Slovenije have all the information necessary for the notification already
  collected in order to be able to start work. According to the information available
  on the AKOS Geoportal, some fibre-optic connections have already been built in Mala
  Kostrevnica and a cable duct owned by Telekom Slovenije has been laid along the
  main road. In accordance with the above-mentioned decision, Telekom Slovenije must
  allow another operator expressing an interest to lay fibre-optic cable in its cable
  duct, provided that there is still sufficient space in the duct. However, if the
  fibre-optic network has already been built up to the houses or up to 200 m from
  the house, then, at the request of the other operator, it must build the connection
  within the time limit and make it available to the alternative operator at a regulated
  price. In this way, the Agency prevents Telekom Slovenije from abusing its market
  power (e.g. by making prices unreasonably high for end-users). For end-users, the
  above regulation means that they can conclude a subscription contract with any alternative
  operator, which can then request and obtain the appropriate connections from Telekom
  Slovenije in order to offer its service.In the event that the construction of the
  fibre network is partly or fully financed by the State, the owner or operator of
  the network must also provide free access to its network to all interested operators,
  who can then offer their services over that network, and must also build a network
  to the houses of all interested end-users who reside or carry out business activities
  in that premises, provided that its network is already built within 200 m of the
  house. In the case of co-financing by the State, the above obligations apply to
  any operator that has built in the area with public funds, not only to Telekom Slovenije.The
  Agency is also the body before which any disputes between two operators (e.g. over
  access to the network) or between an operator and a (potential) user of the service
  are settled. For more information on your options as a service user, see the service
  users tab on the Agency''s website.'
Text file: 1183.txt
Title: Connecting to a fibre-optic network
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1183
