Sous-types des paysages

The liberalisation of telecommunications markets in the monitored countries was evolving at different speeds. In some countries it was a complex process stretched over several years with a step-by-step approach starting from data services and moving into specific segments of voice telephony networks and services. However, by now all monitored countries have liberalised electronic communications networks and services.

Figure F.1 – Full liberalisation of telecommunications markets

2. Authorisation regime for electronic communications services

The EU 2003 regulatory framework had established a general authorisation regime for the provision of electronic communications networks and services. Undertakings may only be required to notify the intention to commence provision of electronic communication networks or services and to submit information required to allow the NRA to keep a register or list of providers. There is no requirement to obtain an explicit decision by the NRA before starting activities. Individual authorisations can only be required for the rights to use spectrum and numbers.

Seven of the monitored countries have implemented a general authorisation regime for all categories of electronic communications services: Croatia, Iceland, Macedonia, Montenegro, Serbia, Turkey and Albania. In Kosovo, general authorisation with notification to the NRA is

foreseen under the new Law on Electronic Communications adopted in November 2012. The draft implementing regulation on general authorisation regime was published for consultation in December 2013 and is expected to be adopted in early 2014.

In Bosnia & Herzegovina, the authorisation regime is based on individual licences. The general authorisation is, however, envisaged in the draft new law on electronic communications published by the Ministry of Communications and Transport for initial consultation in September 2013.

Figure F.2 – Authorisation regime for electronic communications services

In Turkey, authorisation and concession agreements issued before the entry into force of the Electronic Communications Law of November 2008 will, however, remain in force until their expiry (due in 2023 for GSM services, in 2029 for 3G services and in 2026 for Türk Telekom).

Currently, Turksat (the satellite provider) operates under an authorisation agreement, while Türk Telekom and the three mobile operators – under concession agreements. Specific obligations and conditions stemming from the respective authorisation and concession agreements also continue to apply to the authorisation holders. These conditions in particular include retail price control regulations and universal service obligations.

Serbia introduced general authorisation regime for all electronic communications services in 2010, except public voice telephony services provided over public fixed telephony networks, for which general authorisation regime applies from January 1, 2012.

The table below provides an overview of the authorisation regimes for electronic communications networks and services and one-off and annual fees paid by authorised undertakings. Annual fees are shown as a percentage of revenue or a corresponding amount in euro. Where applicable, a maximum amount foreseen by the law is shown in parentheses.

Country General authorisation One-off fees Annual fees (% of revenue)

HR 2008 0 0.25% (in 2013); 0 - 0.20% (in 2014)

IS 2003 0 0.38%

MK 2005 0 0.07-0.35% (max €250,000)

ME 2008 €1,000 1.06% (max 1.5%)

RS 2010-2012 0 0.08-0.4%

TR 2009 0 0.35%

AL 2008 0 0 (max 0.5%)

BA ✘ €255 - €511 €511 - €255,000

XK 2014 0 0 – 0.5%

Table F.1 – Authorisation regime for electronic communications services

The operation of cable TV networks is subject to a general authorisation regime with a simple notification to the NRA in Croatia, Iceland and Montenegro. In Macedonia, in addition to the general authorisation with a notification to the NRA, cable TV operators are required to register the provision of broadcasting retransmission services with the media regulator. A similar procedure under general authorisation regime also applies in Albania under the new Law on Audio Visual Media Services adopted in March 2013.

In Serbia, in addition to the general authorisation with a notification to the NRA, an approval for content transmission is required from the media regulator. In Kosovo, cable TV services can be provided based on an approval from the Independent Media Commission (IMC) subject to demonstrating established commercial agreements with content providers for content redistribution.

In Turkey, in addition to the general authorisation with a notification to the NRA, a separate licence has to be obtained from the media regulator. In Bosnia & Herzegovina, cable TV services require two licences from the NRA: a network licence for the provision of a public network and a service licence for content distribution services over a cable TV network.

3. Rights of way

Rights of way are necessary to establish electronic communications infrastructure. For fixed network operators deploying new infrastructure, access to public and private land is required to install cables and ducts. Similarly, access to building sites and construction permits is important for operators rolling out mobile network infrastructure.

Article 11 of the Framework Directive requires that applications for granting the rights to install infrastructure on public or private property shall be handled by the relevant authorities in a transparent, non-discriminatory manner and without delay. It also states that the authorities issuing building permits must be structurally separated from the network operators.

Expropriation procedures must be available and justified as a safeguard mechanism for access to private as well as to public land.

In all monitored countries the rights of way for electronic communications infrastructure are addressed in the primary laws on electronic communications that provide for non-discriminatory access to public and private land. In addition, more specific procedural issues are set out in the relevant acts on spatial planning and constructions. Nevertheless, the existence of a patchwork of lengthy, uncoordinated and unclear permit granting procedures in most of the countries remains to be a major concern area for all operators, fixed and mobile, incumbents and new entrants alike. In addition to different administrative requirements for access to public land, access to private buildings and property in some countries appears even more problematic.

Recent legislative initiatives aimed at improving the transparency of the procedures and shortening the deadlines for issuing relevant permits have been implemented in Croatia, Serbia and Kosovo. In Turkey, a new regulation on rights of way for fixed and mobile communications infrastructure and networks was adopted by the Ministry of Transport, Maritime Affairs and Communications in December 2012. The regulation defines the rules and procedures for granting access to rights of way and facility sharing, sets out maximum fees for access to public properties and provides a basis for establishing a register of electronic communications infrastructure. In Albania, a new legislation on the rights of way for electronic communications infrastructure has been drafted but its adoption is pending in parliament since 2011.

The deadlines for issuing construction permits in the monitored countries are varying from eight to 60 days. However, the NRAs typically have little or no control over the procedures for granting rights of way, which involve issuing of building permits by local or regional authorities and location permits by authorities in charge of urban and country spatial planning. Therefore, in practice the time required to obtain construction permits may well exceed 12 months. In the majority of the monitored countries decentralised and bureaucratic procedures for granting rights of way by local authorities remain a major obstacle for new market entry and infrastructure deployment.