5G regulation and law in Slovenia

1. What is the state of 5G deployment in your country?

Operators introduced 5G services at the end of 2020 and beginning of 2021.

5G household coverage is 36.6%, and 2.8% in rural areas.

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

Yes. Certain operators started to introduce special 5G services aimed at the most active users.  

3. Has 5G been launched for industrial purposes? For which sectors?

The authorities have granted a 700MHz licence to support business-critical machine-to-machine (M2M), so projects such as smart factories are now in the testing phase. 

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

Public auctions aim to create effective competition. The local regulator AKOS (Agencija za komunikacijska omrežja in storitve) has set spectrum caps to ensure competitive frequency access in order to prevent hoarding.

It will also consider spectrum caps when transferring or leasing usage rights.

So far, there is no information available on accessibility to stadiums, airports and other special premises.

5. What public tenders have awarded spectrum licences? 

There are mobile communications networks that operate in the licensed part of the spectrum, and their use is defined by paragraphs 2 and 3 of Article 33 of the Electronic Communications Act:

  • for mobile communications and providing public communication services to end users (paragraph 3 of Article 33), and
  • for mobile communications where the efficient use of a certain radio frequency can only be ensured by limiting the number of issued decisions on awarding radio frequencies (paragraph 2 of Article 33).

A public tender auctioned all available spectrum  
in the 700 MHz, 1500 MHz, 2100 MHz, 2300 MHz, 3600 MHz and 26 GHz bands.

After 41 rounds of bidding in the main auction (7 April 2021 - 14 April 2021) and six rounds of bidding in the allocation phase (16 April 2021), telecom operators acquired frequencies worth a total of  EUR 164m. 

The operators that acquired frequencies in the priority bands 700 MHz FDD and/or 3600 MHz must (i) within three months of the decision, start offering 5G services to end-users in at least one band  in at least one major city, and (ii), by 31 December 2025, offer services to end-users over 5G technology and provide Enhanced Mobile Broadband (eMBB) functionality and support, provided that they have at least 70 MHz of federal spectrum, and provide support for crowdsourced sensor (IoT) networks on the acquired frequencies in at least one of the major cities. If these functions are not supported, the operator must provide evidence to explain the delay. The service must be available through base stations covering at least 75% of the population of each urban area.

5.1 What were the criteria for awarding each of the tenders?

The auction process consists of two stages: 1)  allocation  2) an assignment . The first determines the number of lots awarded to each bidder in each lot category, and the base prices winners must pay. The second consists of a main auction and, if any unsold lots remain following the main auction, potentially a resale auction, at the discretion of AKOS. The assignment stage determines the specific frequency blocks that will be assigned to bidders allocated frequency-generic lots, and any additional payments each bidder must pay to receive its assignment. It comprises one bidding round for each band, held in ascending frequency order.

5.2 What are the conditions of the spectrum licence? 

General coverage obligations - The applicants that acquire spectrum in any of the bands must offer commercially available wireless broadband terrestrial wireless broadband electronic communications services in each of the acquired bands:

  • to begin offering services to end-users on these frequencies in at least one major city within one year of acquiring the licence,
  • to offer services to end users on all these frequencies at least in each major city within five years.

These time limits do not apply to the frequencies in the 700 MHz, SDL, 1500 MHz SDL and 26 GHz bands, which must be offered to end-users in at least one major city within five years.
The provision to offer commercially available wireless broadband terrestrial wireless broadband electronic communications services is  through base stations covering at least 75% of the population of a  major city, and the start of use of radio frequencies means that the services must be provided through at least one base station in a city.

This obligation depends on the market availability of terminals and base stations. If the operator can provide appropriate evidence that these are not available, the Agency will extend the deadline.

5.3 What is the price and how is it calculated?

The bidding process.

Frequency Amount paid(EUR)
2x10 MHz723-733/778-788 MHz42,429,592
1x40 MHz1472-1512 MHz 
2x15 MHz1920-1035/2110-2125 MHz 
1x100 MHz3700-3800 MHz 
1x400 MHz26700-27100 MHz 
2x10 MHz1970-1980/2160-2170 MHz18,158,000
1x40 MHz2320-2360 MHz 
2x10 MHz703-713/758-768 MHz52,078,177
1x15 MHz738-753 MHz 
1x20 MHz1432-1452 MHz 
2x20 MHz1950-1970/2140-2160 MHz 
1x140 MHz3420-3560 MHz 
1x400 MHz27100-27500 MHz 
2x10 MHz713-723/768-778 MHz51,570,834
1x20 MHz1452-1472 MHz 
2x15 MHz1935-1950/2125-2140 MHz 
1x30 MHz2360-2390 MHz 
1x140 MHz3560-3700 MHz 
1x200 MHz26500-26700 MHz 
Total 164,236,603

6. Is there a long-term spectrum plan or announcements for future tenders? 

Yes, there is the General Act on the radio frequency usage plan and a Decree on the radio frequency band allocation plan. There will be additional public tenders in the 2300 MHz and 3600 MHz range for local usage.

We do not yet have information on when the next bidding processes will begin.

7. If 5G specific rules are drafted, what do they say?

No 5G-specific rules have been drafted.

8. What focused 5G network or spectrum sharing regulation exists?

So far, no information is available. 

9. Are 5G network sharing or spectrum sharing agreements in place? 

The Electronic Communications Act (ZEKom) governs telecommunication networks and spectrum sharing rules. Please refer to point 11 below for the second question.

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

So far, no information is available.

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

To ensure efficient use of radio spectrum, improve coverage and reduce environmental impact, the Agency encourages the following sharing options:

  • sharing of passive or active infrastructure or spectrum pooling,
  • business arrangements on national roaming,
  • joint deployment of network and service infrastructure

Active sharing and frequency pooling are allowed as long as they do not limit infrastructure competition. For example, operators may share active equipment and frequency pooling when passive 
sharing is not sufficient to improve coverage and reduce environmental impact, for example in challenging areas and in small cell roll-outs.

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

The Electronic Communications Act requires operators to take appropriate technical and organisational measures to manage risks to network security and services, in particular to prevent and reduce the effects of security incidents on users and interconnected networks. These measures include adopting and implementing an appropriate security plan.

The Ministry of Public Administration has prepared a national risk assessment for 5G networks. 

The government has signed a joint declaration with the US on “5G Clean Network Security” that aims to exclude untrustworthy telecommunications vendors.

Portrait ofGašper Hajdu
Gašper Hajdu
Lawyer
Ljubljana
Portrait ofRobert Kordić
Robert Kordić
Associate
Ljubljana