in the Republic of Slovenia. The data rate shall be determined by taking into account the data rate used by at least 80% of households with existing broadband access. (3) Where the Agency finds that at least half the households in the Republic of Slovenia are already using the broadband access referred to in the preceding paragraph, it shall draw up an analysis of the impact of a change to the data rate which also takes into account the envisaged costs of implementing this obligation. The analysis must be submitted for public discussion in accordance with the second paragraph of Article 204 of this Act, together with the draft general act. (4) After expiry of the deadline set in the general act referred to in the first paragraph of this Article, the Agency shall review the circumstances that led to determination of the data and, where required, determine a new date rate in the general act. Article 125 (compensation of the net costs of universal service provision) (1) A universal service provider may request compensation for the net costs of provision of the universal services referred to in the second paragraph of Article 115 or the fourth paragraph of Article 120 of this Act. (2) The net costs of the provision of universal service shall be calculated as the difference between the net costs for a designated undertaking of operating with the universal service obligations and operating without the universal service obligations, whereby the net cost calculation should assess the benefits, including intangible benefits, to the universal service provider. The Agency shall prescribe in detail, by means of a general act, the method of calculating the net costs and the intangible benefits taken into account in the calculation of the net costs of universal service provision. In doing so, it shall take into account the premises defined in EU legislation governing universal service. (3) A universal service provider must send accounting records and information that provides a basis for calculation of the net costs of the provision of universal service to the Agency within 90 days of the end of the business year. If it fails to do so, it shall forfeit the right to claim net costs. (4) The Agency, or an auditor authorised by the Agency, shall audit or check the accounting records and information referred to in the preceding paragraph. The Agency shall determine whether universal service provision could be an unfair burden on a universal service provider. In such a case, it shall calculate the net costs of universal service provision. If a universal service provider was selected by public invitation to tender, the Agency shall, in its calculation, take into account the costs of provision of the universal service offered by the provider in the public tender. The Agency shall take into account different costs to those offered by the universal service provider in the public invitation to tender only if the conditions taken into account in the public invitation to tender have changed and if the universal service provider proves the justifiability of the deviations on an objective and transparent basis. The Agency shall publish the results of the cost calculation and the results of the review of the information provided by a universal service provider. (6) Where the Agency establishes, on the basis of a calculation of the net costs of universal service provision, that they do in fact represent an unfair burden, it shall set, by decision, the amount of compensation, which may not exceed the calculated net costs. (7) A universal service provider shall, at its request and under the conditions set out in this Article, be paid compensation for the provision of universal service from the compensation fund, which shall be established and administered by the Agency. Article 126