M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 10 – Information society and media Bilateral screening: Chapter 10 PRESENTATION OF MONTENEGRO Brussels, January 2013

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA UNIVERSAL SERVICE DIRECTIVE AND CONSUMER RIGHTS, INCLUDING 112 AND 116 Darko Grgurović Deputy Executive Director Agency for Electronic Communications and Postal Services

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Contents  Relevant Acquis  Regulations in Montenegro  Overview of implementation in legislation of Montenegro

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Relevant Acquis  Directive 2002/22/EC, Universal Service Directive.  Directive 2009/136/EC of 25 November 2009;  Commission Communication COM (2011) 222 of on "The open internet and net neutrality in Europe“  Analysis is based on the consolidated version of the Directive 2002/22/EC

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications ('‘Official Gazette of Montenegro”, No 50/08, 70/09, 49/10 and 32/11) Chapter IV - Obligations of public operators Chapter V - Ensuring competition Chapter VI - Universal Service Chapter VIII - Limited resources / Numbering Chapter IX - User rights and protection of user interests  Secondary legislation adopted on the basis of the Law on Electronic Communications  Law on Electronic Media (Official Gazette of Montenegro, No 46/10) Regulations in Montenegro

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 3 - Article 3 - Definitions  (public pay phone, publicly available telephone service, non- geographic numbers, public telephone network)  Proposal of Law on Electronic Communications Article 4 – Definitions  (public pay phone, publicly available telephone service, geographic number, non-geographic number) Universal Service Directive Article 2 - Definitions

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications  Article 52 (paragraphs 1, 2 and 3) Definition and scope of universal service  Proposal of Law on Electronic Communications  Article 81 - Universal service Set of basic electronic communications services Specified quality Available to all users Affordable prices Technological neutrality As less distortion of competition as possible Universal Service Directive Article 3 - Availability of Universal Service

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 52 (paragraph 4, sub-paragraphs 1 and 2) Definition and scope of Universal Service  Decree on the minimum set of services included in Universal service (’’Official Gazette of Montenegro’’, No 60/10, 20/12)  Rulebook on assessing the justification of user requests for the connection to public telephone network and needs of end-users for geographic coverage by public pay phones (’’Official Gazette of Montenegro’’, No 35/10)  Proposal of Law on Electronic Communications Article 82 (paragraph 1, sub-paragraph 1) Services of the Universal Service Article 83 (paragraphs 1 and 2) Criteria for assessing justification of requests, rates of transmission and benefits Universal Service Directive Article 4 - Access at a fixed location and telephone services

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 52 (paragraph 4, sub-paragraph 3) Definition and scope of Universal Service Article 53 - Universal directory and directory enquiry services  Decree on the minimum set of services included in universal service (’’Official Gazette of Montenegro”, No 60/10, 20/12)  Proposal of Law on Electronic Communications Article 82 (paragraph 1, sub-paragraph 2) Services of the Universal Service Article 84 – Universal directory Article 85 – Universal enquiry service Universal Service Directive Article 5 - Directory enquiry services and directories

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 52 (paragraph 4, sub-paragraph 4) Definition and scope of Universal Service  Decree on the minimum set of services included in universal service (’’Official Gazette of Montenegro”, No 60/10, 20/12)  Public pay phones are no longer included in the minimum set of the US  Proposal of Law on Electronic Communications Article 82 (paragraph 1, sub-paragraph 3) Services of the Universal Service Article 83 (paragraph 1) Criteria for assessing justification of requests, transmission rates and benefits Universal Service Directive Article 6 - Public pay telephones and other public voice telephony access points

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 52 (paragraph 4, sub-paragraph 5) Definition and scope of Universal Service  Decree on the minimum set of services included universal service (’’Official Gazette of Montenegro”, No 60/10, 20/12)  Rulebook on setting the categories for benefits in using the services of the Universal Service (“Official Gazette of Montenegro” No 57/10)  Proposal of the Law on Electronic Communications Article 82 (paragraph 1, sub-paragraph 4)-Services of the Universal service Article 83 (paragraph 3) - Criteria for assessing justification of requests, transmission rates and benefits Article 89 - Prices, general terms and rights of universal service users Article 90 - Special obligations of operators Universal Service Directive Article 7 – Special Measures for Disabled Users

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 54 - Providing universal service- determining provider  Rulebook on conducting a public tender and establishing criteria for the selection of the universal service operator (“Official Gazette of Montenegro” No 35/10)  Proposal of the Law on Electronic Communications Article 86 – Designation of Universal Service Operator Article 87 – Control of universal services provision Article 88 – Notification of separation of the access network  Designated operators of universal services in Montenegro Universal Service Directive Article 8 - Designation of Undertakings

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 55 – Prices, general terms and conditions, rights of universal service users  Rulebook on tariffs and packages for low-income and disabled users (“Official Gazette of Montenegro" No 14/11, 50/12)  Proposal of the Law on Electronic Communications Article 89- Prices, general terms, rights of universal service users Article 90 – Special obligations of operators Price options for socially vulnerable persons, persons with reduced mobility and persons with disabilities Universal Service Directive Article 9 - Affordability of Tariffs

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 55 (paragraph 6) Prices, general terms and conditions, rights of universal service users  Proposal of the Law on Electronic Communications Article 90 – Special obligations of operators to set general terms for providing services to provide unbundled prices to provide Itemized bill to provide free barring of outgoing calls The NRA may impose: -pre-paid system, and -initial connection fee to be paid in installments Universal Service Directive Article 10 - Control of Expenditure

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 56 – Quality of Universal Service  Rulebook on the quality of Universal Service (“Official Gazette of Montenegro“, No 57/10),  Proposal of Law on Electronic Communications Article 91 - Quality of Universal Service The Ministry determines: -Parameters of quality, their limiting values and methodology of measurement; -Manner of publishing the measured parameters of quality. Universal Service Directive Article 11 - Quality of Service

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 57 – Compensation of net cost of providing universal service  Rulebook on the methodology of calculation of net cost and the amount and method of paying contribution for the financing of the universal service (’’Official Gazette of Montenegro’’, No 35/10),  Proposal of the Law on Electronic Communications Article 92 – Net costs of the obligation to provide universal service Article 94 - Calculation of net costs Universal Service Directive Article 12 - Costing of Universal Service Obligations

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 58 - Financing of universal service  Proposal of Law on Electronic Communications Article 95 – Financing of universal service Compensation for net costs of providing universal service shall be paid by all operators whose share in market revenues exceeds 2%. Universal Service Directive Article 13 - Financing of Universal Service Obligations

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 58 (paragraph 6 ) Financing of universal service  Proposal of the Law on Electronic Communications Article 95 – Financing of universal service  Public presentation of data related to compensation of net costs of providing universal service, posted on the NRA’s website. Universal Service Directive Article 14 - Transparency

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 52 (paragraph 8 ) Definition and scope of universal service  Proposal of the Law on Electronic Communications Article 82 (paragraphs 3 and 4) Services of the Universal Service  Government may, at the proposal of NRA, change the minimum set of services within the universal service in the periods that cannot be shorter than two years Universal Service Directive Article 15 - Review of the Scope of Universal Service

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 50 – Obligation of regulation of retail services  Proposal of Law on Electronic Communications Article 78 – Regulation of retail services It is implemented only if remedies imposed on wholesale markets produced no effects, and if it is established on the basis of market analysis, that the relevant market of services intended for end-users is not competitive enough. Universal Service Directive Article 17 - Regulatory Controls on Retail Services

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 104 – Subscriber Agreement  Proposal of Law on Electronic Communications Article 150 – Subscriber contract Article 151 – Duration of the contract and obligations in case of termination of the contract Article 152 – Obligations of the operator and the Agency Operator and subscriber define their mutual rights and obligations by a contract Contents of the contract is defined Contract cannot be signed for a period longer than two years Contracts with maximum duration of one year must also be offered Operator is obliged to obtain the approval of the NRA on the contract form before the launch of a service Universal Service Directive Article 20 - Contracts

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 102 – General terms of use  Decision on publication of information on prices, tariffs and general terms of the provision of public electronic communication services (’’Official Gazette of Montenegro’’, No 21/10)  Proposal of the Law on Electronic Communications Article 147 – General terms of providing services Article 148 – Approval and publication of general terms Article 149 – Price list of services  Publication of general terms on operator’s website and in at least two daily newspapers  Publication of service prices on the websites of the operator and the NRA. Universal Service Directive Article 21 - Transparency and Publication of Information

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic communications Article 106 – Quality of service  Rulebook on the quality of public electronic communications services (“Official Gazette of Montenegro“, No 09/12)  Operators started to measure parameters of the quality of services in the second half of  Proposal of Law on Electronic Communications Article 154 – Quality of service  NRA prescribes the parameters of quality, their limiting values, methods of measurement, the method of publication of measured parameters of quality  NRA may prescribe the terms of the minimum quality of services Universal Service Directive Article 22 - Quality of Service

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 60 - Provision of services in a state of emergency  Proposal of the Law on Electronic Communications Article 61 - Plan of measures in emergency situations  Operator shall adopt a plan of measures to ensure the integrity of network and the usage of network in emergency situations  Non-stop access to emergency number for emergency calls Universal Service Directive Article 23 - Availability of Services

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 52 (paragraph 4, sub-paragraph 5) Definition and scope of universal service  Decree on the minimum set of services included in universal service (’’Official Gazette of Montenegro’’, No 60/10, 20/12)  Rulebook on setting the categories for benefits in the use of universal service (“Official Gazette of Montenegro”, No 57/10),  Proposal of the Law on Electronic Communications Article 153 – Connection of terminal equipment  The operator shall: provide equal accessibility to its services as it provides for other users enable accessibility of terminal equipment inform about the services intended for that group give priority in achieving network access and in elimination of failures Universal Service Directive Article 23a - Ensuring Equivalence in Access and Choice for Disabled End-users

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 36 - Distribution of digital radio and television programs and services  Rulebook on interoperability of digital television equipment (’’Official Gazette of Montenegro’’, No 43/10) Universal Service Directive Article 24 - Interoperability of Consumer Digital Television Equipment

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 111 – Universal directory and directory enquiry  Proposal of the Law on Electronic Communications Article 160 – Directory and directory enquiry service  Subscribers have right to have an entry in operator’s directory  The subscriber can prohibit the entry of his/her data in the directory  Legal entities cannot prohibit the entry of such data in the directory Universal Service Directive Article 25 - Telephone Directory Enquiry Services

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 88 – Single European emergency number Article 100 – Emergency call service numbers  Rulebook on the method, conditions and dynamics of introduction of the single European emergency number “112” for emergency calls, as well as the quality of handling calls made to that number (’’Official Gazette of Montenegro’’, No 64/09)  Proposal of Law on Electronic Communications Article 142 – Single European emergency call number “112” in emergency situations Article 143 – Emergency service numbers Available to all users Free of charge Universal Service Directive Article 26 - Single European Emergency Call Number - 112

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications  Numbering Plan ('‘Official Gazette of Montenegro" No 34/09, 65/09, 11/10)  Proposal of Law on Electronic Communications Article 145 – Access to numbers and services Usage of international prefix “00” Access to all numbers which are in use in the EU Universal Service Directive Article 27 - European Telephone Access Codes

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Numbering Plan ('‘Official Gazette of Montenegro" No 34/09, 65/09, 11/10)  Proposal of Law on Electronic Communications Article 144 – Harmonized European number from the “116” band reports about the cases of missing children Free for users Universal Service Directive Article 27a - Harmonised numbers – 116

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 101 – Non-geographic numbers  Proposal of Law on Electronic Communications Article 145 – Access to numbers and services Access to non-geographic numbers in the EU Access to all numbers that are used in the EU Barring access to specific numbers when justified to prevent frauds and abuse Universal Service Directive Article 28 - Access to Numbers and Services

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article Outgoing selective call barring and spending limitation Article Right to itemized bill Article 115 – Restriction of service to subscriber  Proposal of Law on Electronic Communications Article 155 – Restriction and consumption control Article 156 – Information about the state of consumption Article 161 – Bill for provided services Universal Service Directive Article 29 - Provision of Additional Facilities

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 99 – Number portability implementation Article 110 – Number portability  Rulebook on number portability (“Official Gazette of Montenegro" No 89/09)  Decision on determining the amount of one-off fee for number portability and the method of its distribution  Proposal of Law on Electronic Communications Article 139 – Number portability Article 140 – Fee for number portability Article Number portability implementation Article 159 – Retaining a number Universal Service Directive Article 30 - Facilitating Change of Provider

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 38 –Mandatory transmission of program contents  Law on Electronic Media Article 84 – Obligations of service providers concerning a request for distribution of radio and television programs Universal Service Directive Article 31 - Must Carry Obligations

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 8 –The competences of the Agency Article 118 – Public influence  Proposal of the Law on Electronic Communications Article 33 - Public consultations Universal Service Directive Article 33 - Consultation with Interested Parties

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Law on Electronic Communications Article 114 – Objection and complaint Article 115 – Restriction of service to subscribers Article 117 – Right to reimbursement  Proposal of the Law on Electronic Communications Article Objection and complaint Article Restriction of service to subscriber Article Unilateral termination of agreement Article Temporary restriction of services Article Right to compensation Universal Service Directive Article 34 - Out-of-court Dispute Resolution

Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA  Proposal of the Law on Electronic Communications Article 146 (paragraph 2, sub-paragraph 2) Rights of users The user of public electronic communications services has particularly the right to have: uninterrupted use of public electronic communications services of defined or specified quality, availability and reliability, at publicly available prices Article 150 (paragraph 2, sub-paragraph 4) Subscriber agreement Subscriber agreement particularly contains services, which particularly include information about the conditions that restrict access and/or usage of services and applications, in compliance with the law Article 154 (paragraph 3) Quality of service In order to prevent reducing of the quality of service or hindering or slowing down the traffic over the network, the Agency may prescribe the requirements of a minimum quality of service Net Neutrality

Thank you for your attention. QUESTIONS