2 July, 2019

Open internet access and intra-EU communications

On 1 June 2019, the Government Decree on the implementation of the Regulation (EU) laying down the measures concerning open internet access and retail charges for regulated intra-EU communications came into force. It determines notably dispute resolution mechanisms concerning access to an open Internet and penal provisions in the event of violations.

The regulation is important for users and for service providers. In the event of a discrepancy between the actual capacity of internet access and the capacity provided in the contract, users are able to settle disputes with the operator and the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS). For internet access providers, the regulation is important because it draws attention to their obligations regarding the equal and non-discriminatory provision of internet access services and transparency measures. In any contract involving internet access services, they are obliged to provide mandatory information and publish them, as well as to establish simple and effective procedures for dealing with complaints of end users. Regarding retail prices for regulated communications within the EU, for example, it points out that providers shall not charge prices exceeding EUR 0.19 per minute for calls and EUR 0.06 per SMS.

For infringements, the service provider may be fined up to a maximum of EUR 125,000. It stems from the foregoing that it is of utmost importance for providers of internet access services and intra-EU communications to revise contracts and general terms and to check the pricing options.

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