SloveniaElectronic Communications Act (ZEKom-2), Articles 173 and 174, special price options for consumers with disabilities and special needs in universal service
ZEKom-2 173. in 174. člen (posebne cenovne opcije za upravičence), Zakon o elektronskih komunikacijah, Uradni list RS, št. 130/22, 18/23 in 40/25
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If AKOS requires it by decision under Article 173(3), offer the price options or packages that differ from your normal commercial terms to the beneficiaries of Article 174(1), including recipients of the assistance and attendance allowance, persons with at least a 60 percent bodily impairment from loss of hearing or at least an 80 percent bodily impairment of another kind, and children with special needs (Arts. 173(3) and 174(1), points 2 to 4).
- Keep AKOS regularly informed of the details of the price options and packages you offer (Art. 173(5)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 299(1) fines a legal person EUR 1,000 to EUR 20,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 50,000 to EUR 400,000, for not complying with the decision of Article 173(3). Article 300(1) fines a legal person EUR 500 to EUR 15,000, and a medium-sized or large company EUR 20,000 to EUR 50,000, for not informing AKOS as Article 173(5) requires.
- Rule
- Fixed only
- As of
- Minimum
- 500
- Currency
- EUR
- Fixed cap
- 400,000
Who enforces it
Enforcement body
The Agency for Communication Networks and Services (Agencija za komunikacijska omrežja in storitve, AKOS) supervises the ZEKom-2 and the regulations and general acts made under it, except where Article 229 gives supervision to the Information Commissioner (Art. 287(1)).
What it reaches
Instrument type
an act of a legislature
Applicability criteria
The ministry responsible for social affairs reimburses the difference between the commercial price and the price to which the beneficiary is entitled (Art. 173(6)).
- As of
- Combinator
- All of
- Criteria
- a provider of the services in Article 166(2) (a connection to a public network at a fixed location giving access to voice communications and adequate broadband internet access) that operates in Slovenia (Art. 173(3))
- bound by a decision of AKOS in Article 173(3), which AKOS may take where retail prices are too high against the average monthly wage and rise faster than the cost-of-living index, and from which AKOS may exempt a provider that shows an excessive administrative or financial burden (Art. 173(3) and (4))
What this law does
Article 173(3) of the ZEKom-2 lets AKOS, by decision, require providers of the services in Article 166(2) that operate in Slovenia to offer consumers with low incomes or special needs price options or packages that differ from their normal commercial terms. AKOS requires them where retail prices are too high against the average monthly wage and rise by more than five percentage points faster than the cost-of-living index in the previous year.
Article 174(1) names the beneficiaries of those options and packages, among them persons who receive the assistance and attendance allowance, persons with a qualifying bodily impairment from loss of hearing or of another kind, and children with special needs. Article 173(4) lets AKOS, on the provider's proposal, exempt a provider from that duty if the provider shows that it would be an excessive administrative or financial burden.
Article 173(5) requires those providers to keep AKOS regularly informed of the details of the price options and packages. Article 173(6) has the ministry responsible for social affairs reimburse the provider, on proof, the difference between the commercial price and the price to which the beneficiary is entitled. The ZEKom-2 has applied since , the thirtieth day after its publication in Uradni list RS 130/22 of .
Article 85(2) of Directive (EU) 2018/1972 is the source of the obligation, and it lets Member States require providers to offer consumers with a low income or special social needs tariff options or packages different from those provided under normal commercial conditions.
Article 85(3) of the Directive is the source of the duty in Article 173(5), and it requires undertakings that provide such tariff options or packages to keep the national regulatory and other competent authorities informed of the details of such offers. Article 299(1) fines a legal person EUR 1,000 to EUR 20,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 50,000 to EUR 400,000, for the failures that it lists.
Those failures include not complying with the decision of AKOS in Article 173(3) on special price options or packages for consumers with low incomes or special needs. Article 299(2) fines a sole trader or self-employed individual EUR 1,000 to EUR 20,000, and Article 299(3) fines the responsible person EUR 500 to EUR 10,000. Article 299(5) fines an individual EUR 1,000 to EUR 5,000.
Article 300(1) fines a legal person EUR 500 to EUR 15,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 20,000 to EUR 50,000, for not regularly informing AKOS of the details of the price options and packages as Article 173(5) requires.
Article 300(2) fines a sole trader or self-employed individual EUR 500 to EUR 15,000, Article 300(3) fines the responsible person EUR 200 to EUR 2,000, and Article 300(4) fines an individual EUR 250 to EUR 3,000. Article 303 allows the fast minor-offence procedure to set a fine higher than the lowest fine that the Act prescribes.
Article 290(6) lets AKOS, when the measures it ordered have not been met and the violations are serious and repeated, prohibit the provider from continuing to provide the networks or services or withdraw its right to use radio frequencies or numbering elements. Article 290(7) lets AKOS fine the provider for the period of the violation even when the violation was later remedied.
Article 255(5) has AKOS carry out the administrative enforcement of its own enforceable decisions and impose the fines and coercive measures that the General Administrative Procedure Act (ZUP) prescribes. Article 298(3) of the ZUP limits the first coercive fine to EUR 1,000 and lets each later coercive fine be imposed again up to that amount.
When LexLint raises it
When your app profile says your app provides telecom services.
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