PRESENTATION OF MONTENEGRO 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, 21-22 January 2013

PROPOSAL OF THE LAW ON ELECTRONIC COMMUNICATIONS Chapter 10: Information society and media PROPOSAL OF THE LAW ON ELECTRONIC COMMUNICATIONS Ratka Strugar Deputy minister Ministry for Information Society and Telecommunication ratka.strugar@mid.gov.me 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Contents Reasons for Adoption of the Law EU acquis transposed to the Proposal of the Law The most significant innovations Position and work of the Agency Building and usage of the electronic communications networks Emergency situations Protection of competition Universal Service RF spectrum Numbering and Addressing Rights and protection of user interests Protection of electronic communications Supervision Penalty provisions Steps that should be taken 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Reasons for Adoption of the Law Harmonization with the EU legal and regulatory framework from 2009; Harmonization with comments and requests from Analytical thinking which accompanies the EC Annual report; Adoption of a new law for the text compactness and consistent solutions. 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

EU legislation (acquis) transposed to the Proposal of the Law Chapter 10: Information society and media EU legislation (acquis) transposed to the Proposal of the Law Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (Framework Directive) Directive 2002/20/EC on the licensing for electronic networks and services (Authorisation Directive) Directive 2002/19/EC on access to and interconnection of electronic networks and associated facilities (Access Directive) Directive 2002/22/EC on universal service and users' rights relating to networks and services (Universal Service Directive) Directive 2002/58/EC which deals with the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) Directive 2002/77/EC on competition in the market of electronic networks and services (Directive on privacy) Decision on radio spectrum (626/2002/EC) Directive on Data Retention (2006/24/EC) Directive 2009/140/EC (Better Regulation Directive) Directive 2009/136/EC (Directive on the rights of citizens) Regulation (EC) No 1211/2009 (Regulation on BEREC) 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

The Most Significant Innovations Chapter 10: Information society and media The Most Significant Innovations Jurisdiction to appoint and dismiss the Council of the Agency for Electronic Communications and Postal Services (Agency) passes fully from executive power (Government) to legislative power (Parliament) and makes legal solutions consistent; Excludes the jurisdiction of the Ministry to supervise the Agency; Ministry is no longer the second-instance authority for the Agency decisions, but the Administrative Court; Agency’s decisions are final, except in case of imposition of provisional remedies by the Administrative Court. 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

Position and Work of the Agency Chapter 10: Information society and media Position and Work of the Agency The Agency is an independent regulatory authority (Article 8 of the Proposal of the Law); The Agency and its managing bodies continue to operate (continuity in work) (Article 13 and Article 200 - Transitional Provisions); Preventing conflicts of interests (Article 17) - Statement (Article 16); Dismissal (Article 19); Excess of revenues over expenses (Article 27); Transparency in the work of the Agency (Article 28); Obligations of public consultation (Article 33). 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

Network planning, infrastructure and equipment; Chapter 10: Information society and media Building and Usage of Electronic Communication Networks Network planning, infrastructure and equipment; Construction in the band of traffic infrastructure; Right of easement. 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

The system of general authorization; Written application; Chapter 10: Information society and media Carrying Out Public Electronic Communications The system of general authorization; Written application; Specific conditions prescribed by law, as well as acting upon the application; Written application is free of charge. 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Emergency Situations Integrity of the network and access to emergency service offices; Coordinated approach; The right of way; Operators are required to make annual plans of measures to ensure the integrity of network in emerge situations. 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

Protection of Competition Chapter 10: INFORMATION SOCIETY AND MEDIA Continued market analysis; Review and new/old measures in accordance with the re-analysis; The deadline for the review (once in 3 years); New measures: Functional separation of vertically integrated operators; Voluntary separation of vertically integrated operators. 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Universal Service Elaboration and continuation of activities related to the Universal Service; Selection of providers; Control of service provision of the Universal Service (periodically, at least once a year) – scope of duty of Agency; Net costs. 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Rf Spectrum Authorization up to 5 years; Authorization for using the frequencies on an exclusive basis – in the whole territory of the country up to 15 years; Procedure for issuing authorization: Tender – Call for tenders (closed bid); Auction (system of open offer); Extension of the validity of authorization for frequency usage - on demand; In case of use of frequencies on exclusive basis - a tender procedure is initiated at least 6 months before the expiry of authorization; Reasons: limited resources, national interest. 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 and Addressing Chapter 10: INFORMATION SOCIETY AND MEDIA Unique European number to call in case of emergency "112" - Upgrading of the solution; The same treatment as all other emergency numbers; The introduction of the harmonized European number from the 116 range - for social and humanitarian purposes (for missing children); The authorization for the use of numbers and/or addresses will be issued for the period no longer than10 years. 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

Rights and Protection of User Interests Chapter 10: Information society and media Rights and Protection of User Interests The consent of the Agency on general conditions of service provision; Information on the state of consumption (last 6 hours; last 24 hours in roaming); Limitation of consumption (notification - average quarterly bill); Objection and appeal; The second-instance authority is court - easier, faster and more economical procedure for users; 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

Protection of Electronic Communications Chapter 10: Information society and media Protection of Electronic Communications Security and integrity of the network; Information and records on violations of personal data; Confidentiality of communications; Information about subscriber, data on traffic; Legal interception; Retention of data. 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Supervision Inspection (Inspection Administration) Professional supervision (Agency) 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

Chapter 10: INFORMATION SOCIETY AND MEDIA Penalty Provisions The introduction of a percentage of operators’ annual revenue for serious offenses that distort competition and market. 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

Transitional and Final Provisions Chapter 10: Information society and media Transitional and Final Provisions Alignment of work; Validity of licenses and permits; Continuation of the work of the Agency and Agency bodies; Initiated procedures; Adoption of regulations. 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

Steps That Should Be Taken Chapter 10: INFORMATION SOCIETY AND MEDIA Opinion of the EC after the bilateral meeting; Establishment of the Proposed Law by the Government; Adoption of Law by the Parliament; Implementation during 2013 and 2014 - Adoption of bylaws. 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

Thank you for your attention. QUESTIONS