1. 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, January 2013

2. 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
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

3. 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

4. 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

5. 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

6. 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

7. 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 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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 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

21. Thank you for your attention.
QUESTIONS