Albania Sokol Elmazaj

Chapter Albania Sokol Elmazaj Boga & Associates Artila Rama 1 Framework Further, the ‘Report of the Working Party on the accession of Albania to the World Trade Organisation’, provides that the commitments undertaken by Albania in telecommunication services 1.1 What are the overall policies and objectives for the are based on the scheduling principles provided by the following electronic communications industry and have these been documents: (i) Notes for Scheduling Basic Telecom Services published in draft or final form? What legislation is relevant to telecommunications and radio frequencies? Commitments (S/GBT/W/2/REV.1); and (ii) Market Access Limitations on Spectrum Availability (S/GBT/W/3). The electronic communication industry in Albania revamped in 2008 due to the new Law no. 9918 “On Electronic Communications in 1.3 How is the provision of electronic communications Republic of Albania” (the “Law”). This Law aims to be in line with networks or services regulated? Is the provision of the regulatory package of the European Union on electronic electronic communications networks or services open to communications (2002), based on the commitments made by Albania competition in Albania? under the Stabilisation and Association Agreement, approximating it legislation with that of the European Community member countries. The Providers of electronic communication services are eligible to The Law introduces the principle of the ‘technology neutrality’ offer networks and electronic communications services upon General Individual Authorisation based in the efficiency of the electronic communications and/or (replacing the licensing infrastructure, promoting the competition among the market players procedure of the former telecommunication law). General of the electronic communications in Albania. The content of the Authorisation comprises all and any kind of electronic electronic communications and the radio television broadcasting communications networks and services that do not involve the use, transmission services are not subject of the Law. by the provider, of frequencies and numbers. Whilst the Individual Authorisation is granted to those providers whose activity involves The legal framework governing the telecommunications and the use of frequencies and numbers. Individual Authorisation would be radio frequencies in Albania is mainly the following: subject to availability of the said as frequencies and serial numbers The Law no. 9918 dated 19.05.2008 “On Electronic and to those considerations and restrictions explained in our Communications in Republic of Albania” (i.e. the Law). response to question 2.1 herein below. The Council of Ministers Decision no. 379 dated 31. 5.2001 As mentioned in our comments under question 1.1 above, the Law’s “On approval of the national plan of radiofrequency”. main objective is to promote the competition creating an open The Council of Ministers Decision no. 582 dated market of the electronic communications services based on the 21.08.2003“ On the approval of the methodology of the principles of non-discrimination and transparency. tariffs settings of the operator having significant power market offering public telephony services and leasing lines”. The Council of Ministers Decision no. 288 dated 18.06.1999 1.4 Which are the regulatory and competition law authorities? “On the approval of the development policy of the How are their roles differentiated? Are they independent telecommunication sector in Republic of Albania” as amended. from the government? The government authorities supervising the electronic communication 1.2 Is Albania a member of the World Trade Organisation? market are: (i) the Electronic Communications and Mail Authority; Has Albania made commitments under the GATS/GATT and (ii) the Albanian Competition Authority (according to Law 9121 regarding telecommunications and has Albania adopted the WTO Basic Telecommunications Agreement? dated 28.07.2003 “On protection of competition”). The Electronic Communications and Mail Authority (hereinafter Albania became the 138th member of the World Trade Organisation the “Authority”), previously known as the Telecommunications on 8th of September 2000. According to the ‘Protocol of Accession Regulatory Entity, is the regulatory body which supervises both the of Albania’ to the Marrakesh Agreement establishing the World electronic communications and mail services market (i.e. the mail Trade Organisation, Albania made commitments under the General service shall be subject to a separate law). The Authority Agreement on Trade on Services “GATS” and General Agreement encourages the competition ensuring to all categories of users on Tariffs and Trade 1994 “GATT 1994”. Anyhow, this Protocol qualified electronic communications services, subject to tariffs non provides that Albania may maintain a measure inconsistent with superior to the average tariffs applicable in the European Union GATS/GATT (article I paragraph 4). countries. According to the Law, the Authority should conduct its ICLG TO: TELECOMMUNICATION LAWS AND REGULATIONS 2011 WWW.ICLG.CO.UK Boga & Associates Albania activity and run its duties based on the principles of transparency, The Providers while constructing/using the networks of non-discriminatory and proportional rights, conditions and communication services must keep safe public order/security and procedures regarding the providers of networks and electronic public health. communication services. The Providers of the public electronic communication networks are The Authority is obliged by the Law to cooperate with the Albanian required to provide for joint utilisation of the facilities and assets for Competition Authority for the issues relating to applicability of the purpose of respecting the urban planning and environmental competition law affecting the market of electronic communications protection when constructing/installing their networks. The and the mail services (article 12 of the Law). Providers of public electronic communication networks are obliged These authorities are both independent governmental agencies. by Law to enter into agreements for joint utilisation of the facilities and assets based on an applicable fee. A Provider may refuse to Albania enter into an agreement for joint utilisation in case it is technically 1.5 Are decisions of the national regulatory authority able to impossible or if the party requiring such joint utilisation refuses to be appealed? To which court or body? pay the applicable fee. Decisions of the Authority may be appealed before the Authority Board of Directors within 10 days; the Board then has to make a 2.3 May licences or other authorisations be transferred and if decision within 30 days from filing of the appellant. The decision so under what conditions? of the Authority Board of Directors may be appealed within 30 days before the competent district court (i.e. a first instance court). The Law is silent on the transfer of the General Authorisation while it prohibits the transfer of the Individual Authorisation i.e. meaning the right to use a frequency and/or number without prior approval 2 Licensing by the Authority. The holder of the Individual Authorisation should address the written request to the Authority for the transfer. The 2.1 If a licence or other authorisation is required to install or Authority pursues verification on the proposed transferee in order to operate electronic communications networks or provide prevent any distortions of the electronic communications market services over them, please briefly describe the process, and ensure the efficiency of the electronic network and services and timescales and costs. to protect the public interest. Anyhow, Providers under the General Authorisation are obliged to As mentioned in question 1.3 above, the Providers are free to offer provide the Authority with all the information amending the data networks and electronic communications services upon (i) General deposed with electronic database held by the Authority, within 30 Authorisation and (ii) Individual Authorisation following each of days from the date of such amendment(s) (article 14.4 of the Law). this process: (i) General Authorisation: Through written notification addressed 2.4 What is the usual or typical stated duration of licences or to the Authority along with certain required documents, in case other authorisations? the offer of networks and electronic communications services does not require use of end-resources (numbers and frequencies). The Authority registers in the electronic database According to the Law, the Authority issues the Individual the Provider within 15 days from the notification confirming in Authorisation for a period of up to 15 years, which can be renewed writing to the Provider the registration in the electronic provided that all Law requirements have been fully compiled with database. The registration is considered done, in cases where by the Provider. The Individual Authorisation used for air and sea the Authority does not reply to the applicant within the period movable services are issued for perpetual duration depending on the of 15 days (i.e. tacit approval). operability of such services (airplane, maritime services). Further (ii) Individual Authorisation: After notification and granting the the Individual Authorisation for use of the frequencies on right to use the end-resources in case the offer of networks and researches and tests of the radio communication equipments is electronic communications services requires such

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