5G regulation and law in Slovenia

Information current as of 19 December 2019

Implementing 5G communication services is on the government’s agenda. For this purpose, the government has set out 2 phases:

1. Phase 1: Bringing 5G services availability to at least one big city by mid 2020;
2. Phase 2: Bringing 5G services availability to all urban areas and to main traffic routes by 2025.

Since 5G is not yet available, it is not clear who will launch 5G services. However, the Agency for communication networks and services of the Republic of Slovenia (AKOS) expects that all the leading infrastructure companies currently operating in Slovenia, including Telekom Slovenije, A1 Slovenia, Telemach and T-2 will participate in the public tenders.

Not at the time being, even though public tenders are expected for the first half of 2020.

Public tenders are expected in the first half of 2020.

Spectrum licences will be available for commercial use.

The Slovenian government has adopted a plan to use frequencies in the 700 MHz band for 5G mobile communication networks, which sets out the mechanism to prevent interferences with spectrum users of adjacent bands. However, the government still has not adopted the radio frequency management strategy spectrum, which would lay out the technical characteristics and rules for the 5G implementation.

Additionally, the Slovenian Electronic Communications Act (“ECA”) is applicable as the General Act. The aim of the ECA is to promote the development of electronic communications networks and services in Slovenia, which in return will also develop the Slovenian market as well as the internal market of the European Union.

Furthermore, the ECA aims to ensure effective competition in the electronic communications market. Therefore, the ECA regulates (among other) the conditions for the provision of electronic communications networks and electronic communications services, the ensuring of competition in the market, the management of the radio frequency spectrum and it lays down the conditions for restrictions on ownership rights.

Network operators must grant third party operators of electronic communications networks access to their physical infrastructure (open access obligations are applicable only on physical infrastructure), except in the following situations:

• If the infrastructure to which access was requested is not technically adequate due to special circumstances;
• If there is lack of adequate space or plans to use this space for other purposes, which must be justified;
• If there is a threat to safety or public health;
• If the integrity and security of all networks, in particular of critical infrastructure, has to be maintained;
• If there is a risk that the planned electronic communications services would seriously interfere with the provision of other services through the same physical infrastructure; and
• If feasible alternative methods for wholesale access to the physical network infrastructure offered by the physical infrastructure operator are available and are suitable for the provision of electronic communications networks, provided that such access is offered on fair and reasonable terms.

Once requested, a network operator has to prepare an offer for the use of its physical infrastructure under fair and reasonable conditions (except in the above listed situations). The network operator which grants open access to third parties shall be paid an appropriate compensation in monetary terms.