Workshop on Regulatory Governance 7 April 2016, Riga, Latvia 2018.05.28 Communications’ Regulatory System in Lithuania: Role and Independence of NRA Workshop on Regulatory Governance 7 April 2016, Riga, Latvia Ieva Žilionienė Director of Strategy Department RRT

Lithuania’s NRA - RRT Communications Regulatory Authority (RRT) 2018.05.28 Lithuania’s NRA - RRT Communications Regulatory Authority (RRT) Regulation of e-communi-cations sector Regulation of postal sector Supervision of equipment and devices Protection of consumer rights Management of e-communi-cations resources Supervision of radio spectrum Supervision of electronic signature Network and information security

Activity-based RRT structure 2018.05.28 Activity-based RRT structure Radio Communications Department Radio Spectrum Control Department Infrastructure and Equipment Control Department Network Regulation (incl. post) Department Network and Information Security Department Inspection Division Strategy Department Legal Department Administrative Department

Ensuring Regulator’s independence: main aspects 2018.05.28 Ensuring Regulator’s independence: main aspects Independence from the policy and the business – how to ensure it in practice? RRT’s experience: Legal status Appointment procedure and dismissal conditions of the Director Financing model Accountability Power of Decisions Capacity Building and Networking

2018.05.28 Legal Status RRT – institution legally and functionally separate from any other public institutions or private entities In the Law on Electronic Communications, art. 6, it is defined that: RRT is the separate institution, acting independently according to the Laws and its Regulations

Appointment procedure/dismissal conditions of the Director 2018.05.28 Appointment procedure/dismissal conditions of the Director RRT is headed by a director, who is appointed for 5-years term by the President of the Republic on the nomination of the Prime Minister. The functions of the Director are defined in the Law on Electronic Communications. Director of the RRT can be dismissed from the office only on the grounds explicitly defined in the Law: On personal conditions: his own request; health reasons; reaching retirement age; transfer to another job; On grave transgression: if convicted by a final judgement, or discredited the status of the Director; On expiry of the term of powers.

2018.05.28 Financing model Model set in the Law on Electronic Communications – RRT annual budget consists of: Separate budget of RRT - revenues received for RRT‘s provided services and performed works: entities pay for RRT works/services by defined tariffs; tariffs are calculated basing on costs of specific services/works, agreed upon by the RRT Board, approved by the Order of Director, and publicly published; These revenues are contributed into the State Budget and then returned to RRT to finance its activities. State budget* * In practice, this is absent/very small, and allocated for implementation of specific functions, not directly related to regulation.

Financing model: balancing mechanism 2018.05.28 Financing model: balancing mechanism Flexible „balancing mechanism“ is set by Law on Electronic Communications: Every year, by 1st May, RRT evaluates the charges collected for its services/works and the costs incurred during the last year, and if the revenues exceed the costs, “balancing mechanism” is applied – tariffs are temporarily reduced, e.g.: In 2015 RRT, established the recalculation rate 0.73 for the tariffs which was applied from June to November. Such model ensures that market players pay only such amount of money that is necessary for financing functioning of NRA, and no more.

2018.05.28 Accountability RRT annual acivities are implemented in accordance with its 3-years Strategic Action Plan, approved by the Order of the Director of RRT and published publicly – it sets main activity targets, objectives, measures and planned financial allocations. Each year RRT has an obligation to submit an annual report on its activities and financial activities for the previous calendar year to: RRT Board – by 31 March; The Parliament and the Government - by 1st May. Report is also published on the RRT website. The annual report includes a detailed information on RRT activities and finances (charges collected and the costs incurred) for the previous year.

Power of RRT Decisions Types of RRT administrative decisions: 2018.05.28 Power of RRT Decisions Types of RRT administrative decisions: Administrative regulations: legal acts establishing the rules of conduct, general terms, conditions, procedures, regulations, e.g.: for engaging in e-communications activities; for installing/using e-communications infrastructure; for electromagnetic compatibility; obligations for undertakings having SMP; National Numbering plan of Telephone Communication… Individual administrative acts: acts of single application, intended for a specific person/specified group of persons, e.g.: definition of markets, SMPs and their obligations; assignment of e-communications resources; imposition of economic sanctions… 10 psl

The appeal against the RRT decisions 2018.05.28 The appeal against the RRT decisions All the decisions (legal acts) adopted by the RRT are subject only to judicial review – they may be appealed against administrative courts. Appealing to court does not suspend the legal act, except for the cases where the court would decide otherwise in accordance with procedure established by the Law. 21 decision of RRT were appealed during 2011-2015, no decisions have been revoked or suspended.

Capacity Building and Networking 2018.05.28 Capacity Building and Networking Starting from preparation for EU membership, RRT actively engaged in competence/capacity building projects – during 2001-2008, RRT received support through 14 projects (2 PHARE, 1 Twinning, 11 TAIEX, other) RRT experts now themselves participate in TAIEX, Twinning projects Every year, ~2 percent of RRT budget is dedicated to staff training, in order to ensure highest level of competences Popular “Colleague-to-Colleague” training sessions – trainings provided by RRT employees to their colleagues, covering various fields of expertise Participation in BEREC, IRG, EaPeReg, Baltreg, other international organizations meetings, activities, sharing of experience and knowledge

Thank you for your attention! ieva.zilioniene@rrt.lt 2018.05.28 Thank you for your attention! ieva.zilioniene@rrt.lt