(compensation fund and its operation)
(1) The Agency shall establish the compensation fund referred to in the seventh paragraph of
the previous Article by opening a separate bank account and keeping separate accounting
records for the fund.
(2) All undertakings operating in the territory of the Republic of Slovenia and receiving
revenue from the provision of public communications networks and/or public
communications services in excess of EUR 2 million must contribute to the compensation
fund referred to in the preceding paragraph.
(3) The amount of an individual undertaking’s contributions shall be determined by the
Agency on the basis of its revenue from the provision of public communications networks
and/or services as a proportion of the total revenue from the provision of public
communications networks and/or public communications services of all undertakings referred
to in the preceding paragraph in the territory of the Republic of Slovenia.
(4) A universal service provider whose calculated contribution to the compensation fund is
less than the calculated compensation for the provision of universal service obligations shall
not pay a contribution to the compensation fund. It shall receive compensation in the form of
the difference between the calculated compensation and the calculated contribution.
(5) The entities liable under the second paragraph of this Article shall contribute the
calculated liability to the compensation fund on the basis of an Agency decision. In the
decision, the Agency shall also determine the deadline for payment, which may not be shorter
than 30 days.
(6) Undertakings shall notify the Agency by 31 March each year of the level of revenue
arising in the previous year from the provision of public communications networks and
public communications services. If an undertaking fails to do so by this deadline, the Agency
shall take into account as the revenue referred to in the second paragraph of this Article the
undertaking’s total revenue for the previous year, obtained on the basis of information held
by the Agency of the Republic of Slovenia for Public Legal Records and Related Services.
(7) Should it have grounds for doubting the veracity of the information reported to it by an
undertaking, the Agency, or a qualified auditor selected by the Agency, may review the
information and estimate the revenue, with the costs of this procedure being borne by the
undertaking. Where the estimated revenue deviates substantially from the revenue income
referred to in the preceding paragraph, the Agency shall take the estimated revenue into
account in its calculation.
(8) Information on the compensation of the net costs of universal service provision, the
method of its allocation and use and the parts that were financed shall be public. For this
purpose, the Agency shall publish an annual report on compensation of the net costs of
universal service provision, the calculated net costs, the intangible benefits taken into account
in the calculation of the net costs, and the contributions paid.
Article 127
(additional mandatory services)
(1) The Government may, by decree, lay down additional services to be publicly available
across the entire territory of the Republic of Slovenia, in addition to the services referred to in
the second paragraph of Article 115 of this Act, and their level of quality, with due regard to
the development of electronic communications, the existing range of public communications
services in the market, the development strategy of the state as a whole, and the interests of
end-users.
(2) If certain additional services are not publicly available in a certain area of the Republic of