In a letter to Prime Minister Ana Brnabic, signed by the Council’s President Miroslav Milicevic, the body reminds that the state, as the Telkom owner, does not have the right to interfere in the company’s business and takes part in contract closing between Telekom and its commercial partners.

However, it added, as the owner of the public company, the state is obliged because of the people, to respect and spend public resources in accordance with the market conditions.

The Council says the relations in media market must be as they are in any other economic sphere, based on availability, equality and uniqueness, with the respect of all market conditions, as in any other trade deal.

Bearing in mind the dispute between Telekom as a cable provider and United Media as service provider caused by Telekom’s refusal to close a contract with United Media for distributing its channels, as well as the following Telekom’s rejection to air N1 TV under fair, transparent and equal market conditions, the Council’s opinion is as follows:

- the state is obliged to present and prove it has secured equal position to everyone in the media market (United Media, Pink TV, Kurir TV, etc.) guaranteed by  the Constitution’s Article 84, which also stipulates that the state has to allow citizens the access to contracts and conditions for all participants in the media market;

to answer if Telekom respects equal media market conditions set by the article 84 of the Constitution if it refuses to close a deal with United Media as a service provider with a price stipulated by a contract as it does with other service providers;    

- to answer whether the public-owned Telekom’s attitude in the media market causes damage to people, in what amount and who will bear responsibility for abuse and spending of the state resources when it offers N1, a private media, free services.    

Following the above, the Council asks the Government of Serbia to provide the contracts with all players in the media market, as well as other proofs to enable the Council to establish whether the decisions and business are in line with the Article 84 of the country’s Constitution which guarantees equal availability, uniqueness and same market conditions.