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. AUTHORISATION DIRECTIVE Chapter 10: INFORMATION SOCIETY AND MEDIA
Nikola Ivanović
Adviser to Director
Agency for Electronic 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

3. Chapter 10: INFORMATION SOCIETY AND MEDIA
Relevant Acquis
DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
DIRECTIVE 2009/140/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and /20/EC on the authorisation of electronic communications networks and services
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
National Legislation
Law on Electronic Communications Off. Gazette of Montenegro 50/08, 70/09, 49/10, 32/11
Electronic Media Law
Off. Gazette of Montenegro 46/10, 40/11, 53/11
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. Chapter 10: INFORMATION SOCIETY AND MEDIA
Contents
General Authorisation
Rights of use radio frequencies and numbers
Conditions attached to general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations
Procedure for limiting the number of rights of use to be granted for radio frequencies
Compliance with the conditions of the general authorisation or of rights of use and with specific obligations
Information required under the general authorisation, for rights of use and for the specific obligations
Administrative charges
Fees for rights of use and rights to install facilities
Administrative charges in Electronic Media Law
Amendment of rights and obligations
Proposal of Law on Electronic Communications and amended provisions of the Authorisation Directive
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. General authorisation
Chapter 10: Information society and media
General authorisation
of electronic communications networks and services
Freedom to provide electronic communication networks or electronic communication services
Article 22 guarantees the right to construct, provide and use electronic communications networks and equipment with associated infrastructure, under the conditions prescribed by this Law, regulations adopted based on it and the other regulations if, in doing so, it does not interfere with the public order, human life and health, public and national security
Written application to NRA
Article 31 obliges undertakings to submit written application to NRA before beginning, ending or changing the regime of usage of the public electronic communications network or providing public electronic communications services
only necessary data in order to sign in, delete or update Official Register
Providing electronic communications networks and services are not subject to any other conditions apart from specific ones (Annexes of Authorisation Directive)
Princip opšte autorizacije iz člana 3 direktive o autorizaciji na sledeći način
Članom 22 predviđeno je da svako pravno i fizičko lice može izgrađivati, obezbjeđivati i koristiti elektronske komunikacione mreže i opremu pod uslovima određenim zakonom osim ukoliko ova aktivnost nije u suprotnosti sa javnim redom, životom i zdravljem ljudi, kao i nacionalnom i javnom bezbjednošću.
Člano 31 definisano je da se djelatnost pružanja usluga mreža elektronskih komunikacija, kao i usluga koje se pružaju posredstvom mreža elektronskih komunikacija može obavlajti na osnovu prijave nacionalnom regulatornom tijelu. Ova prijava ima za cilj upis lica u registar operatora i prikupljanje miinimuma informacija o operatoru.
Takođe, operatoru u skladu sa zakonom mogu biti nametnute i druge posebne obaveze kojih se operator mora pridržavati, u skladu sa listom obaveza iz Aneksa direktive (Part A, Part B i Part C)
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. Minimum list of rights derived from the general authorisation
Chapter 10: Information society and media
Minimum list of rights
derived from the general authorisation
Right to provide electronic communications networks and services
Facility installation and right of way is subject of another Law
Right to negotiate access and interconnection
Article 34 gives right and obliges undertakings to negotiate interconnection and access
Opportunity to provide Universal Service
Nakon podnesene prijave, pravno ili fizičko lice može da pruža usluge elektronskih komunikacija.
Zakon omogućava svakom operatoru da pregovara interkonekciju i pristup. Bliži uslovi koji se odnose na interkonekciju i pristup, kao i obaveze operatora po pitanjima interkonekcije i pristupa propisani su članom 34 zakona.
Pitanja prava puta, kao i izgradnje objekata nijesu tretirana ovim zakonom. Član 24 zakona utvrđuje vezu sa zakonom kojim su uređena pitanja izgradnje objekata, ali ne definiše bliže uslove.
Takođe, svaki operator može biti određen za operatora univerzalnog servisa, na osnovu javnog konkursa, a u skladu sa članom 54 zakona.
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. The provisions of Electronic Media Law
Chapter 10: Information society and media
The provisions of Electronic Media Law
Article 97 –Types of approvals for AVM service provision
broadcasting
provision of on-demand AVM services
Article 98 and 99 - granting broadcasting rights
Public competition:
Agency for Electronic Media (AEM) is obliged to announce pubic competition for granting broadcasting rights in case when a legal or a natural person intends to broadcast using frequencies envisaged by the Frequency Allocation Plan for analogue broadcasting or in case when it intends to obtain access to digital terrestrial broadcasting multiplex
Before announcing public competition, the AEM is obliged to obtain data from the regulatory body responsible for electronic communications on availability of frequencies or free resources within digital terrestrial broadcasting multiplex intended for AVM services.
Upon request
Articles 100 and 101
Content and procedure of the public competition
Criteria for selection shall be objective, measurable and non-discriminatory
Article 116 Types of approval for on-demand AVM services
Public competition
Article 117
Content of the public competition
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. Rights of use for radio frequencies and numbers
Chapter 10: Information society and media
Rights of use for radio frequencies and numbers
Frequency allocation plan
Frequency assignment plans
Right of use for radio frequencies
Article 65 stipulates that natural persons and legal entities may use radio frequencies only based on a decision on approval of use of radio frequencies issued by the Agency
Based on the Frequency Allocation Plan or international documents, the Ministry determines which frequencies could be used without approval
Approval for radio frequencies is issued upon request of undertaking or based on a tender procedure for radio frequencies used for broadcasting and in case of limited number of rights
Public tender procedure for granting rights of use of radio frequencies to providers of radio and television broadcast content is conducted pursuant Electronic Media Law
Deadlines
Shorter than 45 days upon request
Within 15 days after notification from Electronic Media Agency on granted rights
Less than three months after submission of application
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. Rights of use for radio frequencies and numbers
Chapter 10: Information society and media
Rights of use
for radio frequencies and numbers
Numbering Plan and Plan of Addresses
Right of use for numbers
Pursuant to Article 89 numbers and addresses may be used based on approval obtained from the Agency
General administrative procedure or tender procedure when it is estimated that interest surpasses availability of the resource
Deadlines
15 days upon request
30 days in the case of tender procedure
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. Chapter 10: Information society and media
Conditions attached to general authorisation
and to the rights of use for radio frequencies and for numbers,
and specific obligations
Overview of articles with specific conditions
Annex – Part A
Article
A.1 58
A.2
32,84,97
A.3 34
A.4 88
A.5
24-50
A.6 38
A.7
119,
A.8 ,
A.9 /
A.10
31 paragraph 4
A.11
125
A.12
60,61
A.13 86
A.14
45-48, 50,51
A.15
25, 60
A.16
119, 120, 121, 122, 123, 124
A.17 85
A.18
8,36,106,134
Annex – Part B
Article
B.1
63,64,76
B.2
65,76
B.3
B.4 77
B.5 79
B.6 84
B.7
76 paragraph 7
B.8
76 paragraph 8
Annex – Part C
Article
C.1
87,93
C.2
C.3
93 paragraph 5
C.4
98-100
C.5
92 paragraph 4
C.6 94
C.7 97
C.8
C.9
93 paragraph 7
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. Procedure for limiting the number of rights of use
Chapter 10: Information society and media
Procedure for limiting the number of rights of use
to be granted for radio frequencies
Article 68
Interest in particular radio frequencies exceeds the availability
Interested parties are asked to express their view concerning the conditions for the use of frequencies, market value of frequencies and on limiting number of approvals for radio frequencies
30 days
Agency is obliged to confidentiality
If the Agency, on the basis of the response of interested parties, determines that allocated radio frequencies would not be sufficient for all interested parties it isobliged to implement tender procedures for the assigned radio frequencies
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. Compliance with the conditions of the general authorisation
Chapter 10: Information society and media
Compliance with the conditions of the general authorisation
or of rights of use and with specific obligations
Article 18 obliges undertakings to provide any necessary information
Article 19 stipulates decision making procedures
Decisions are made by the Agency Council
General administrative procedure
Decision to be reached within three months
Decisions are made public
Articles 129 to 134 define supervision procedures
Inspection supervision activities are performed by the Ministry in line with this Law and the Law on Inspection Supervision
Expert Supervision is performed by the 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

14. Information required under the general authorisation,
Chapter 10: Information society and media
Information required under the general authorisation,
for rights of use and for the specific obligations
Article 18
Electronic communications network and service providers are obliged to make available all information at their disposal, including financial, to the Agency upon written request pursuant to Article 18
Agency specifies deadlines and the form of requested information
Request of the Agency must be explained and proportionate to the purpose and expected effect
This information is not used prior to or as a condition for market access.
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. Administrative charges Chapter 10: INFORMATION SOCIETY AND MEDIA
Financial sources of the Agency are the following:
registration fees
fees for performing activities of regulation and supervision of the market
fees based on authorization for use of radio frequencies and numbering
fees defined in the Laws regulating the field subject to the jurisdiction of the Agency.
Regular annual fee
costs of regulation and supervision of the market in the electronic communications sector
Up to 1.5 % of total annual revenue of an operator generated in the previous year
regulation expenses and market supervision in the sector of electronic communications are foreseen by the Financial Plan
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. Fees for rights of use and rights to install facilities
Chapter 10: Information society and media
Fees for rights of use and rights to install facilities
Fees for Use of Frequencies
Holder of approval for radio frequencies is obliged to pay a regulatory annual radio frequencies usage fee to the Agency, which is to be used solely for covering the expenses of frequency spectrum supervision and management.
The Ministry prescribes methodology and manner of calculation of fees level
Fees for use of frequencies allocated to broadcasting are paid to electronic media regulatory authority pursuant to the Electronic Media Law and regulations based on this Law
Fees for Use of Numbers
One-off registration fee
Holders of aapprovals for use of numerations and/or addresses ar eobliged to pay a regulatory annual fee to the Agency, which is to be used solely for covering the expenses of supervision and managing of numerical and address resources.
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. Administrative charges in Electronic Media Law
Chapter 10: Information society and media
Administrative charges in Electronic Media Law
Article 44
non-recurrent registration fee, which is determined based on the amount of actual AEM’s costs incurred in the registration process
An AVM service provider shall pay the following annual fee:
annual broadcasting fee; or
annual fee for provision of on-demand AVM services
Annual broadcasting fee is based on:
size by coverage zone (population covered)
attractiveness of areas within the coverage zone
type of electronic media (radio or television broadcasting)
transmission platform
Annual fee for provision of on-demand AVM service is based on:
the fixed amount determined by the size of the area of service provision for the period until the end of the calendar year in which the operation commenced
the annual revenues of service provider accrued on that ground over the previous calendar year for the current year, provided that the fee amount does not exceed 5% of such revenues.
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. Amendment to rights and obligations
Chapter 10: Information society and media
Amendment to rights and obligations
Article 80 – Radio frequencies
The Agency may, ex officio, amend a radio frequency approval if:
Allocation Plan, Frequency Assignment Plan, or regulations pertaining to the conditions for the use of radio frequencies are amended;
there is a public interest that cannot otherwise be met
the need for amendment arises for the reason of efficient use of radio frequency spectrum
harmful interference or excessive emission cannot otherwise be eliminated
amendment is required by the international regulations whose appliance is obligatory in Montenegro
Article 80 gives a detailed procedure of amending a right of use for radio frequencies
Article 90 – Numbers and addresses
The Agency shall not ex officio amend previously issued approval for use of numerations and/or addresses in case of changing or appending the Plan on Numeration and Plan on Addresses
30 days after the change enters into force
approved numerations and/or addresses shall be replaced by the same quantity and type of resources with real deadlines for implementation which cannot be shorter than 6 months
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. Proposal of Law on Electronic Communications
Chapter 10: Information society and media
Proposal of Law on Electronic Communications
and amended provisions of the Authorisation Directive
General authorisation and specific conditions
Article 46 – Written application
Article 49 – Rights derived upon written application
Article 54 – Procedures related to right of way
Specific obligations
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. Proposal of Law on Electronic Communications
Chapter 10: Information society and media
Proposal of Law on Electronic Communications
and amended provisions of the Authorisation Directive
Right of use radio frequencies and numbers
Approval for radio frequencies is issued upon request of undertaking
Article 104 stipulates in which cases individual rights of use of radio frequencies may be granted
Article 105 stipulates the procedure for limiting numbers of rights of use
Article 106 defines public tender procedure (auction or beauty contest – enveloped bid)
Right of use of radio frequencies allocated to broadcasting services are granted in line with provisions of the Electronic Media Law
Articles 115 to 121 stipulate the following:
Duration of approval
Temporary approval – experimental use of radio frequencies
Extension of approval
Transfer of rights
Amendment to approval;
Revocation and termination of approval
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