FIFTH QUARTERLY REPORT

ON AVMS AND AEC PERFORMANCE OCTOBER – DECEMBER 2017

FIFTH QUARTERLY REPORT ON AVMS AND AEC PERFORMANCE

OCTOBER – DECEMBER 2017 FIFTH QUARTERLY REPORT ON AVMS AND AEC PERFORMANCE

Publisher: Eurothink – Centre for European Strategies NGO Info-Centre Transparency Macedonia Helsinki Committee for Human Rights of the Republic of Macedonia

Translation and proofreading: Abakus

Graphic design: Brigada Design

This product is prepared within the programme “Moni- toring the performance, effectiveness, transparency and accountability of the media regulatory bodies – PRO- formance Watch” funded by the UK Government with the support of the British Embassy . The content of this publication does not necessarily reflect the position or the opinions of the British Embassy/UK Government.

2 FIFTH QUARTERLY REPORT TABLE OF CONTENTS ON AVMS AND AEC PERFORMANCE

1. INTRODUCTION 5 2. AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA 6 SERVICES (AVMS) 2.1 TRANSPARENCY AND ACCOUNTABILITY 6 2.1.1 SESSIONS OF AVMS COUNCIL 6 2.1.2 PUBLIC MEETING 7 2.1.3 WEBSITES, FACEBOOK, YOUTUBE CHANNEL 7 2.2 INDEPENDENCE AND EFFECTIVENESS 8 2.2.1 PROPOSED LAW AMENDMENTS 9 2.3 PERFORMANCE AND LAW ENFORCEMENT 9 2.3.1 2018 ANNUAL OPERATION PROGRAM AND 9 FINANCIAL PLAN 2.3.2 MONITORING OF MEDIA ELECTION COVERAGE 11 2.3.3 SUPERVISIONS AND MEASURES 12 2.3.4 STUDIES, ANALYSES, RESEARCH 12 2.3.5 PARTICIPATION IN MEETINGS AND DEBATES 13 2.4 2.4 PUBLIC INTEREST 13 2.4.1 STRATEGY on BROADCASTING ACTIVITY 13 DEVELOPMENT 2.4.2 MEDIA LITERACY 14 2.4.3 HATE SPEECH, OFFENSIVE SPEECH AND 15 DISCRIMINATION 2.4.4 CITIZENS’ COMPLAINTS 15 3. AGENCY FOR ELECTRONIC 15 COMMUNICATIONS (AEC) 3.1 TRANSPARENCY AND ACCOUNTABILITY 15 3.1.1 WEBSITES AND SOCIAL MEDIA 16 3.1.2 MEETINGS OF AEC COMMISSION 17 3.1.3 PUBLIC CONSULTATIONS 17 3.1.4 PUBLIC MEETINGS 18 3.1.5 PRESS RELEASES AND EVENTS 18 3.1.6 COOPERATION WITH AEC 19 3.2 INDEPENDENCE AND EFFECTIVENESS 19 3.2.1 QUARTERLY REPORTS ON ELECTRONIC 19 COMMUNICATIONS MARKET DEVELOPMENT

3 3.2.2 PUBLIC SURVEYS ABOUT THE ELECTRONIC COMMUNICATIONS MARKET IN THE REPUBLIC OF 20 MACEDONIA 3.2.2.1 AWARENESS ABOUT AEC’S WORK (AMONG 20 RESIDENTIAL USERS) 3.2.2.2 AWARENESS ABOUT AEC’S OPERATION (among 20 business USERS) 3.2.3 AEC’S 2016 ANNUAL OPERATION REPORT 21 3.2.4 FERRIS WHEEL DONATIONS 21 3.2.5 DECISIONS ON SUSPENSION OF APPROVALS ON 21 USE OF RADIOFREQUENCIES 3.2.6 PERFORMANCE AND LAW ENFORCEMENT 21 3.3 INTERNATIONAL MEETINGS AND TRAINING FOR 22 AEC STAFF MEMBERS 3.3.1 ANNUAL EMPLOYMENT PLAN 22 3.3.2 ABOLISHMENT OF ROAMING CHARGES BETWEEN MACEDONIA, SERBIA, BOSNIA AND HERZEGOVINA, 22 AND MONTENEGRO 3.3.3 PUBLIC PROCUREMENTS 23 3.3.4 2018 ANNUAL OPERATION PROGRAM AND 23 FINANCIAL PLAN 3.3.5 PUBLIC INTEREST 23 3.4 CARE FOR END-USERS 27 3.4.1 COMPLAINTS BY END-USERS 27 3.4.2 CALLS AND MESSAGES TO TOLL 27 FREE NUMBER 190 3.4.3 AEC’S PARTICIPATION IN PUBLIC DEBATES 28

4 FIFTH QUARTERLY REPORT ON AVMS AND AEC 1. INTRODUCTION PERFORMANCE

The project “Monitoring Efficiency, Effectiveness, Transparency and Accountability of Media Regulatory Authorities – PROformance Watch” is implemented by Eurothink - Centre for European Strategies in cooperation with NGO Info-Centre, Transparency Macedonia and Helsinki Committee for Human Rights of the Republic of Macedonia. This monitoring programme is implemented in the period September 2016 - March 2018, with the support from the British Embassy in the Republic of Macedonia. More specifically, the project team monitors efficiency, effectiveness, transparency, accountability and protection of public interest demonstrated by two regulatory authorities, those being: the Agency for Audio and Audiovisual Media Services (AVMS) and the Agency for Electronic Communications (AEC). This, fifth quarterly report covers performance track records of AVMS and AEC in the period October-December 2017 and is developed pursuant to “AVMS and AEC Performance Monitoring Matrix”,1 designed in consultations with the two regulatory bodies and published in January 2017. The methodology developed for this monitoring programme accommodates specificities of both regulatory authorities and monitors their operation in terms of transparency and accountability, efficiency and independence, performance and protection of public interest.

1 AVMS and AEC Performance Monitoring Matrix, available at: http:// eurothink.mk/ documents/ sHGS5RQrpszZA2TfG

5 2. AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES (AVMS)

2.1 TRANSPARENCY AND ACCOUNTABILITY In the last quarter of 2017, the Agency for Audio and Audiovisual Media Servic- es demonstrated solid level of transparency and accountability in its operation, mainly observed in terms of publicity of AVMS Council’s sessions and decisions, regular updating of website contents and launch of AVMS’s official Facebook page and separate website designated to media literacy. Based on the 2018 Annual Operation Program and minutes from AVMS Coun- cil’s session at which this program was adopted, there is visible improvement in terms of transparency and visibility of this regulatory, while Council Members, AVMS Director and other staff members are prepared to discuss and accept certain proposals and suggestions put forward by different organizations and institutions, including organizations implementing this monitoring project.

2.1.1 Sessions of avms council In the fourth quarter of 2017, AVMS Council held a total of 10 sessions, livestreamed on the Agency’s YouTube channel, while session agendas and minutes were regularly and timely published on AVMS’s official website.

Chart no. 1: Number of AVMS Council sessions in 2017 (per quarter)

6 th FIFTH QUARTERLY REPORT On 26 December, AVMS Council adopted the 2018 Annual Operation ON AVMS AND AEC PERFORMANCE Program and the 2018 Financial Plan, including annual plans on administrative 2 and programme oversight.2 In that, adoption of AVMS’s annual program and Minutes from 42nd session held by AVMS financial plan was preceded by public conclusions in duration of 30 days, which Council, available at: http:// were marked by contribution made only by Macedonian Telecom. Only portion avmu.mk/wp-content/ uploads/2018/01/Zapisnik- of requests made by this company was accepted. od-42-sednica.pdf 3 In this quarter, AVMS Council adopted the decision on approving change AVMS Decision, available 3 at: http://avmu.mk/wp- to ownership structure at TV -M, and the decision on rejecting change content/uploads/2017/11/ to ownership structure at TV 24News because, according to AVMS, that could Odluka-za-promena-na- lead to illegal media concentration.4 sopstvenicka-struktura- ALSAT-M.pdf Furthermore, Council Members discussed the motion submitted by 4 Decision taken by AVMS, available at:http:// Radio Kanal 77 to revoke the broadcasting license of TV 24 Vesti on the avmu.mk/wp-content/ grounds that owner of this television outlet is registered as company owner uploads/2017/12/Odluka- in Central Register of the Republic of Austria, i.e. owner of public electronic so-koja-se-zabaranuva- promena-na-sopstvenicka- communications network operator in Austria. AVMS Council unanimously struktura-na-24-VESTI.pdf voted to reject this motion with the explanation that, in order to establish illegal 5 Minutes from 40th media concentration, the operator in question needs to transmit programme session held by AVMS services on the territory of the Republic of Macedonia, which is not the case Council, available at: http:// avmu.mk/wp-content/ 5 at this moment. uploads/2017/12/Записник- од-40та-седница.pdf AVMS Council approved the motion to initiate bankruptcy procedure for 6 Minutes from 35th debtor TV ERA SAT,6 and adopted information on fulfilment of minimum staff session held by AVMS requirements at TV ORBIS.7 Council, available at:http:// avmu.mk/wp-content/ Having in mind the importance of non-for-profit media, AVMS Council uploads/2017/11/Zapisnik- od-35-ta-sednica.pdf discussed the inability for programme broadcasting by university radio Student 7 Minutes from AVMS FM 92.9 without previous approval from the Ministry of Education and Science Council 35th session, for engagement of students under contracts and unanimously concluded available at: http:// avmu.mk/wp-content/ that the Agency should address in written the Ministry and the Government uploads/2017/11/Zapisnik- about this matter. Moreover, AVMS Council requested the university radio to od-35-ta-sednica.pdf regularly communicate with the Agency about this matter and its resolution.8 8 Minutes from 39th session held by AVMS Other important decisions taken by AVMS Council include decisions Council, available at: http:// on termination of television programme broadcasting by 4 broadcasters9 avmu.mk/wp-content/ uploads/2017/12/Zapisnik- (based on statements submitted by relevant holders of broadcasting licenses od-39-ta-sednica.pdf that they are terminating their respective programme broadcast), as well as 9 Minutes from 41st session decisions on rejecting two applications to grant licenses held by AVMS Council, 10 11 available at:http:// on the territories of Skopje and , because - according to the avmu.mk/wp-content/ Plan on Radiofrequency Award and Use -it was established there are no uploads/2017/12/ radiofrequencies available in these areas. Записник-од-41-та- седница.pdf 10 Decision taken by AVMS, available at: http:// avmu.mk/wp-content/ uploads/2017/12/Zdruzenie- Radio-Marija-Makedonija- Odluka-za-grad- Skopje-26.12.17-08-486.pdf 11 Decision taken by AVMS, available at: http://avmu.mk/ wp-content/uploads/2017/12/ Zdruzenie-Radio-Marija- Makedonija-Odluka-za- Strumica-26.12.17-08-485. pdf

7 2.1.2 PUBLIC MEETING On 22nd December, AVMS held the fourth public meeting in 2017, livestreamed on its YouTube channel. Main focus of this public meeting was put on results and recommendations enlisted in “Analysis of Reporting Frameworks in Media Coverage of Topics Related to LGBT Community” drafted by the Coalition Sexual and Health Rights of Marginalized Communities, and AVMS’s activities on encouraging media literacy. In this context, the meeting included presentation of the Council of Europe’s Recommendation (CM/Rec(2017)9) on gender equality in the audiovisual sector and official launch of AVMS’s website designated to media literacy,12 which will feature activities of the Media Literacy Network and of AVMS, and promotion of AVMS’s Facebook page.13 Except for AVMS representatives, this public meeting was also attended by representatives of several international and public institutions (OSCE, EU Delegation, Ministry of Information Society and Administration (MISA), Commission for Protection Against Discrimination, Directorate for Personal Data Protection, Commission for Protection of Competition, Film Agency), as well as representatives from the media, CSOs, Macedonian Telecom, etc.14

2.1.3 WEBSITES, FACEBOOK, YOUTUBE CHANNEL AVMS’s official website is regularly updated and enriched with information and documents related to its operation. However, some materials cannot be browsed because they are uploaded as “scanned pdf files”, for example AVMS’s 2018 Annual Operation Program. Aimed at easier use and content browsing, the project team recommends all documents to be published in word and pdf formats. The new website on media literacy provides great opportunity for AVMS and members of the Media Literacy Network to regularly publish information and other audiovisual material related to this exceptionally important topic. At the same time, having in mind that citizens are insufficiently aware of AVMS’s competences and performance, this website should serve as platform for 12 Website on Media greater promotion and visibility of this regulatory body in the public. Literacy, available at: www. mediumskapismenost.mk Launch of AVMS’ official page on Facebook is another important 13 AVMS’s Facebook page, step towards greater transparency and establishment of direct two-way available at: https://www. communications with citizens. At the moment, AVMS’s Facebook page facebook.com/agencijaza features information on media literacy and how citizens can lodge complaints audioiaudiovizuelnimediu mskiuslugi/ to this regulatory body. For the time being, the website is marked by low traffic 14 http://avmu.mk/четврти- and visitors, whereby greater promotion thereof and regular content uploads јавен-состанок/ represent yet another challenge for AVMS.

8 FIFTH QUARTERLY REPORT As regards AVMS’s YouTube channel, it is operational and used to lives- ON AVMS AND AEC PERFORMANCE tream sessions of AVMS Council and public meetings.

Chart no. 2: Number of press releases issued by AVMS in 2017 (per quarter)

In the period October-December 2017, AVMS published 14 press releases, mainly in relation to election media coverage, media literacy and public warnings to broadcasting entities.

2.2. INDEPENDENCE AND EFFECTIVENESS At the 14th extension of the 6th plenary session15, Parliament of the Repub- lic of Macedonia reconsidered AVMS’s 2016 Annual Operation Report. Here, it should be noted that during the plenary discussion only one MP took the podium.

2.2.1 PROPOSED LAW AMENDMENTS On 26th December, the Ministry of Information Society and Administration (MISA) completed public consultations around amendments to the Law on Audio and Audiovisual Media Services (LAAMS). According to MISA, proposed law amendments will enter government procedure and are “result of joint work on the part of the government and representatives of the media sphere in Macedonia”.16

On 29th November, AVMS presented the Ministry of Information Society and 15 14th extension to the Administration with its opinion on proposed law amendments, also published 6th plenary session of the Parliament of the in the Single National Registry of Regulations – ENER and submitted as part Republic of Macedonia, of public consultations. In particular, the Agency remarked the proposed staff available at: changes at this regulatory authority and at the public service broadcaster, https://www.sobranie. mk/sessiondetails. the introduction of funding from the state budget, the quotas set for original nspx?session programmes, music programmes and production of documentary and feature DetailsId=0d46cc3a- 68dd-4764-93c8- programmes, the need for precise definition of the law provision on advertising f3123c09aa17 by state bodies. Moreover, AVMS reacted to assessments presented in the 16 Press release, MISA, proposed law depicting this regulatory body as non-independent and non- 26.12.2017, available at: professional institution and acting as silent witness to emergence of negative http://www.mio.gov. mk/?q=node/4539 phenomena, such as hate speech and lack of political pluralism.

9 Nevertheless, AVMS remarks were not taken into consideration, while the proposed law amendments maintained previously proposed solutions related to the intention to terminate the term of office of current AVMS Council Members and Director. Novelty introduced by proposed law amendments implies the fact that current AVMS Council Members and Director will be entitled to apply on the open call that would be announced once new law amendments enter into effect. Among other things, the executive government proposes AVMS Council Members’ term of office in duration of 7 years to be replaced by professional engagement in duration of 5 years. At the same time, eligibility criteria related to work experience in the relevant field are increased (to 8 instead of 5 years of experience); the concept whereby Council Members are nominated by authorized proposing parties is abandoned, and in the case of AVMS Director 17 Proposed Law on new eligibility requirement is introduced and concerns the fact that he/she Amending the Law on Audio and Audiovisual should not have been member of political party body or committee and should Media Services, pg.4, not have served as elected or appointed public official in the last 10 years. available at: http://www. According to the proposing party, basis for such law amendments originates mio.gov.mk/files/pdf/ dokumenti/zakoni/ID_ZA_ in the need for “departisation and professionalization of the public service AAVMU_25122017.pdf broadcaster and the regulatory body, i.e. the Agency for Audio and Audio-Visual 18 AVMS’s opinion on Media Services”.17 the Proposed Law on Amending the Law on On the contrary, AVMS is of the opinion that in order to have truthful Audio and Audiovisual Media Services, reforms “the focus should be put on increasing professionalism of the media, available at: http://avmu. improving conditions for performance of this activity and strengthening labour mk/%D0%BC and professional rights of journalists and other media workers”, as well as %D0%B8%D1%81 %D0%BB%D0%B5% that “practices on using law amendments to change the composition of this D1%9A%D0%B5- regulatory body should be abandoned once and for all. 18. %D0%BD%D0%B 0-%D0%B0%D0%B3% D0%B5%D0%BD%D1% 86%D0%B8% D1%98%D0%B0% 2.3 PERFORMANCE AND LAW ENFORCEMENT D1%82%D0%B0- %D0%B7%D0%B 0-%D0%BF%D1%80% D0%B5%D0%B4%D0% BB%D0%BE%D0% 2.3.1 2018 ANNUAL operation program and financial plan B3-%D0%B7%D0% B0%D0%BA%D0%BE/ According to its 2018 Financial Plan, AVMS anticipates revenue 19 Minutes from 42nd collection in the amount of 114,725,000 MKD, which is by 9,375,000 MKD session held by AVMS Council, pg. less compared to 2017 figures. Such decrease under planned revenue is due 2, available at:http:// to the uncertainty whether the state budget deficit at 3% would be reflected avmu.mk/wp-content/ in budget allocations for AVMS. 19 According to new law amendments adopted uploads/2018/01/ Zapisnik-od-42-sednica. in September 2017, funds from collection of public broadcasting fee will be pdf replaced by funds from the state budget, in the amount 0.5%.

10 FIFTH QUARTERLY REPORT ON AVMS AND AEC PERFORMANCE

Chart no. 3: AVMS anticipated revenue per year (in MKD)

In that, highest revenue collection in 2018 is expected from AVMS’s licensing activity, in the amount of 53,530,000 MKD or 46.7% of total revenue, and from state budget allocations, in the amount of 52,695,000 MKD (46%), followed by supervision of programme services transmission, in the amount of 8,100,000 MKD (7%), and transit invoices - in the amount of 350,000 MKD (0.3%).

Chart no.4: Breakdown of AVMS’s anticipated revenue in 2018 (%)

As regards budget expenditure, the biggest budget item concerns staff salaries, in the amount of 40,232,400 MKD (accounting for 35% of total budget). Reimbursement for AVMS Council Members accounts for 7,930,000 MKD (7%), and funds in the amount of 7,400,000 MKD (6.5%) are planned for repayment of loan.

11 Chart no. 5: AVMS biggest expenditure items in 2018 (%)

AVMS plans to spend 17,640,000 MKD (15.4%) on intellectual and other services, 10,229,600 MKD (9%) on investment maintenance, 4,100,000 MKD (3.6%) on procurement of machinery and instruments, while 3,498,000 MKD (3%) will be spent on procurement of motor vehicles (special vehicle for recording radio programme services).

2.3.2 MONITORING OF MEDIA ELECTION COVERAGE In the last quarter of 2017, AVMS continued monitoring of media coverage and representation during the local elections held on 15th October. In that, the Agency initiated 14 misdemeanour procedures for violations of the Electoral Code, 11 of which were motioned against 6 television outlets with national concession, and 3 procedures were motioned against 3 television outlets with regional concessions.

Chart no.6: Overview of misdemeanour procedures initiated during the 2017 local elections

12 FIFTH QUARTERLY REPORT ON AVMS AND AEC In particular, 6 procedures concerned non-compliance with the rules on PERFORMANCE paid political advertising, 4 procedures concerned failure to ensure unbiased coverage of the local elections, 2 procedures concerned violation of the election silence and 2 procedures concerned violation of the rules on presentation of public survey results related to rankings of election participants.20

2.3.3 SUPERVISIONS AND MEASURES In the last quarter of 2017, AVMS conducted all planned programme and administrative supervisions on broadcasting entities, operators of public electronic communications networks and printed media publishers.

Furthermore, AVMS performed extraordinary supervision focused on protection of minors, gender discrimination, dissemination of misogyny and sexism, and legal obligation for printed media to publish their impressum.

AVMS issued 14 warning notices to broadcasting entities, 3 warning notices to printed media publishers and 1 warning notice on transmission of programme services that are not registered with the Agency.

2.3.4 STUDIES, ANALYSES, RESEARCH In the period October-December 2017, AVMS published the research on ratings of radio stations and shares in total viewership of individual television stations in the third quarter of 2017 and worked on the study to determine state-of-affairs on regional and local television markets in the Republic of Macedonia. Inter alia, the research on ratings of radio stations and shares in total viewership of individual television stations in the last quarter of 201721 showed that radio stations with national concession and highest ratings are Antenna 5, Kanal 77, Makedonsko Radio and Ros Metropolis, while the most listened contents concerned music programmes (69.3%). On the question inquiring about most frequently viewed domestic and foreign television outlets in the last week, majority of respondents indicated TV Sitel (52.71%), TV Kanal 5 (47.96%), TV Telma (28.79%), TV Alsat-M 20 Public meeting, December (22.42%), MRT1 (20.58%), TV 24 Vesti (18.33%), TV Alfa (16.25%). As regards 2017, available at: http:// avmu.mk/четврти-јавен- contents aired by television outlets with national concession, the most состанок/ viewed programmes included news programmes (36.6%) and current affairs 21 Ratings of radio stations programmes (23.7%). and viewership shares of television outlets, Underway is development of feasibility study for announcement of an available at: http:// open call to award radio broadcasting license in the Municipality of , avmu.mk/wp-content/ uploads/2018/01/1AVMU- based on the application for local radio license in this area. doseg-2017-Q4.pdf

13 2.3.5 PARTICIPATION IN MEETINGS AND DEBATES In the last period, and continuing throughout 2018, international activity of AVMS will be pursued mainly by participation in regular meetings of the Euro- pean Platform of Regulatory Authorities (EPRA), European Regulators Group for Audiovisual Media Services (ERGA), Mediterranean Network of Regulatory Authorities (MNRA), as well as bilateral cooperation with regulatory authorities in the region and Europe. At the same time, AVMS will cooperate with OSCE Spillover Mission, will participate in the Universal Periodic Review of the UN Human Rights Council and in development of Macedonia’s annual program for NATO membership. In the last quarter of 2017, AVMS participated in the 46th meeting of the European Platform of Regulatory Authorities (EPRA) held in Vienna and in the 8th plenary session of the European Regulators Group for Audiovisual Media Services (ERGA) held in Brussels.

In this reporting period, AVMS organized a bilateral meeting with the media regulatory authority from Slovenia, held in Ljubljana and signed the Memorandum of Cooperation.

2.4 PUBLIC INTEREST The Agency for Audio and Audiovisual Media Services continues to demonstrate proactive engagement in topics and issues of public interest (media literacy, LGBT, protection against discrimination and hate speech in the media and media contents, complaints lodged by citizens, etc.) and is marked by increased openness to representatives of the civil society and the media community.

2.4.1 STRATEGY ON BROADCASTING ACTIVITY DEVELOPMENT Although in early 2017 AVMS planned to have the draft text of the new five-year Strategy on Broadcasting Activity Development in the Republic of Macedonia developed by the end of the year, it did not happen. According to AVMS representatives, reasons for this delay are related to increased scope of work during the local elections.

In order to compensate this delay, development of this strategically important document is given high priority in the Agency’s agenda and is duly reiterated in its annual operation program. The strategy will map current state- of-affairs in broadcasting activity and will determine future directions and development goals.

14 FIFTH QUARTERLY REPORT Table 1: Improvements anticipated by the strategy (2018 – 2022) ON AVMS AND AEC PERFORMANCE

- professional and editorial independence of the media; 1. - respect for professional journalist standards; - media self-regulation;

- protection and development of media pluralism; - political pluralism; 2. - transparency of media ownership; - prevention of media concentration;

- protection of human rights in media contents; - prevention of discrimination and hate speech in the media; 3. - awareness raising on gender issues in the media; - access to media programmes for persons with sensory disabilities;

- development of competitive market; 4. - creation of level playing field for all market participants;

5. - regulatory framework that enables media development;

6. - increased media literacy of citizens.

Development of this strategy’s final text, which should be adopted in the second half of 2018, will include previous analysis of new media. Results and recommendations from this analysis will be integrated in the final text of the strategy. Moreover, development of this strategic document will involve all relevant organizations and institutions in the field of media and broadcasting.

2.4.2 MEDIA LITERACY In this reporting period, AVMS paid special attention to media literacy. At the fourth public meeting in 2017, in addition to promotion of the new trilingual website (Macedonian, English and Albanian) designated to media literacy, AVMS presented the third video instalment from the series “Jove’s Journey to Media Literacy” titled “Privacy and Tracking”.22 At the same public meeting, AVMS underlined key aspects of media literacy as enlisted in the Council of Europe’s Recommendation on gender equality in the audiovisual sector: 1. Promote gender-sensitive media literacy for younger generations;

2. Enhance the gender equality perspective in media literacy programmes for young people as means of ensuring broad human rights education and 22 active involvement in democratic processes; Video is available on the following link: https://www. youtube.com/watch?v=U_ 3. Develop specific media literacy awareness tools; VY6zjPoQA

15 4. Raise awareness and strengthen capacity of audiovisual professionals and students by offering regular education and vocational training programmes geared at acquisition of in-depth knowledge of gender equality and its crucial role in democratic society;

5. Incorporate gender equality perspective in curricula pertaining to the audiovisual sector.

2.4.3 HATE SPEECH, OFFENSIVE SPEECH AND DISCRIMINATION In early November, AVMS issued a reaction about radio commercials aired as part of the joint campaign implemented by City Radio, Club FM and Metropolis Radio Network and targeting “all excessively emancipated women”. In that, the Agency established that this campaign discriminates on the basis of gender, disseminates misogyny and sexism and represents flagrant violation of the Law on Audio and Audiovisual Media Services. In the aftermath of AVMS’s warning notice and mass public reactions, above enlisted radio stations immediately stopped the campaign and the discriminating radio commercials. In this reporting period, AVMS organized public procurement procedures for production of radio and TV commercial against sexism in the media. This activity will be part of the National Action Plan on Gender Equality, accompanying the 2013-2020 Gender Equality Strategy.23 On 29th December and In compliance with terms and conditions from the public procurement contract signed with AVMS, the Institute of Social Sciences and Humanities - Skopje completed its research survey on gender in television programmes for 2017. Results thereof will be presented in the first quarter of 2018. AVMS made an exceptionally important step of public interest by opening up to LGBT community and its treatment in media contents. As part of its analysis on media coverage of topics related to LGBTI community, presented at the fourth public meeting, the Coalition Sexual and Health Rights of Marginalized Com- munities provided a set of recommendations, as follows:

6. Adoption of new law solutions to regulate these issues;

7. Organization of open and focused debate with the expert public;

8. LAAVMS to stipulate sanctions against the media disseminating hate speech;

23Minutes from 39th session held by AVMS 9. Regulatory and self-regulatory bodies to demonstrate greater activity in Council, available at:http:// this regard; avmu.mk/wp-content/ uploads/2017/12/Zapisnik- 10. Media outlets to comply with guidelines on media coverage of od-39-ta-sednica.pdf marginalized groups, including LGBTI community; 24 Public meeting, December 2017, available at: http:// avmu.mk/четврти-јавен- 11. Deconstruction of discrimination to be given central place in media literacy состанок/ and civil educations programs.24

16 FIFTH QUARTERLY REPORT ON AVMS AND AEC 2.4.4 CITIZENS’ COMPLAINTS PERFORMANCE According to information published on AVMS’s website, in the last quarter of 2017 this regulatory body was presented with two complaints, one of which concerned copyright rights for feature film aired on TV Telma,25 and the second concerned volume levelling during advertisements aired by television outlets in the country.26

25 AVMS response to complaint, available at: http://avmu. mk/wp-content/ uploads/2017/06/ za-objavuvanje- Odgovor-na-pretstavka- do-advokatsko- drustvo-Pepeljugovski- UPP-03-8.pdf 26 Compliant on volume levelling, available at: http://avmu. mk/wp-content/ uploads/2017/06/za- objavuvanje-pretstavka- za-nivelacija-na-tonot- UPP-br.-03-9.pdf

17 3. AGENCY FOR ELECTRONIC COMMUNICATIONS (AEC)

3.1 TRANSPARENCY AND ACCOUNTABILITY In the fourth quarter of 2017, monitoring activities did not identify significant changes in terms of AEC’s transparency and accountability. Information host- ed on all three websites was regularly updated, but the standstill in terms of publishing information related to AEC’s work on the social networks continued.

3.1.1 WEBSITES AND SOCIAL MEDIA In this reporting period, the monitoring team continued to analyse AEC’s official websites as basic indicator for this regulatory body’s transparency and accountability. Documents, press releases and other contents related to AEC’s works were timely published on the main website (aec.mk). 27 Some remarks made in the previous reports were not been taken into consideration and the shortfalls were not corrected. An example thereof is the fact that, although publication of work biographies of AEC Commission Members and AEC Director is important in terms of transparency, they are still not uploaded on the website. Another issue that has been raised but remains unresolved concerns the fact that vast portion of documents, like the annual operation plan, are uploaded on AEC’s website as scanned documents, which imposes difficulties in terms of browsing and analysis thereof. The project team recommends these documents to be uploaded in browsing-friendly formats, such as pdf or word. With the exception of regular updates in terms of standard contents, monitoring activities in this quarter did not register any more serious changes in relation to other two websites hosted by AEC (e-agencija.mk28 and komuniciraj.mk29). 27 AEC website: http://www.aek.mk/ In this quarter, AEC’s main website registered the highest number of 28 AEC website: https://e-agencija.aek.mk/ visits by citizens (9,969), followed by e-agencija.mk where citizens can lodge 29 AEC website: requests on dispute resolution with operators (4,103), whereas komuniciraj.mk komuniciraj.mk was marked by the lowest number of visits (971).

18 FIFTH QUARTERLY REPORT ON AVMS AND AEC PERFORMANCE

Chart no. 7: Number of visits to AEC’s e three websites in the period 1.10.2017 – 31.12.2027 In the period October-December 2017, AEC was not active on the social media and did not post any videos on its two YouTube channels, as well as on its Facebook and Twitter pages. In particular, the last uploads on AEC’s YouTube channels date from 9 and 7 months ago, respectively. The last post on AEC’s Facebook page dates from 8 months ago and the last post on AEC’s Twitter account dates from 2015.

3.1.2 MEETINGS OF AEC COMMISSION In this quarter, AEC Commission held a total of four meetings. As established in the previous reports, given that these meetings are closed to the public, the only way for the public to obtain information about AEC’s work includes press releases and meeting minutes that should be published on its website within a deadline of seven days after the meeting30. Minutes from three of the four meetings were published within the law-stipulated deadline, whereas minutes from the fourth meeting31 were published 5 days after the deadline. In terms comprehensiveness of information provided, AEC Commission’s meeting min- utes do not show any improvement compared to previous quarters. In other words, except for basic and general information, they do not include more de- tails about the course and contents of discussions.

30 Minutes, AEC Commission, available at: http://aek.mk/index. php?option=com_k2&v iew=itemlist&layout=ca tegory&task=category &id=138&Itemid=486& lang=mk 31 Minutes from 15th meeting held by AEC Commission, available at:http://aek.mk/index. php?option=com_ k2&view= item&id=2218:zapisnik- od-sostanok-br-15- nakomisijata&Itemid Chart no. 8: Number of meetings held by AEC Commission =462&lang=mk

19 3.1.3 PUBLIC CONSULTATIONS In the last quarter of 2017, AEC initiated public consultations on three different issues, those being: the proposed 2018 Annual Operation Program,32 draft version of the fourth market analysis on services for termination of call in the public mobile communications networks, and draft version of the analysis of market 2 - landline telephone services for residential and business users. All documents necessary for public consultations were timely uploaded on AEC’s website, while relevant meetings33 organized for individual public consultations were timely announced. In that, minutes from these meetings are not uploaded AEC’s website, i.e. according to information provided by AEC representatives, minutes are not taken at these meetings because sometimes it is impossible to follow overall dynamics of discussions taking place at public consultations. In that, they reiterated that public consultations are open to the public and can be attended by all interested parties.

Chart no. 9: Number of public consultations organized by AEC

3.1.4 PUBLIC MEETINGS On 29th November, AEC organized the second public meeting for 2017, thereby complying with its law-stipulated obligation to organize at least two public meetings in the course of one year. Topics covered at this public meeting included: 32 Public consultations, AEC, available at: http://www.aek. mk/index.php?option=com_ yy National Report on DVB-T Coverage; k2&view=item&id=2180:javna- rasprava-po-predlog- yy State-of-affairs on the market of electronic communications; godishnata-programa-za- rabota-na-agencijata-za- yy Continuous and quality protection of rights of end-user; elektronski-komunikacii-za- 2018&Itemid=469&lang=mk yy Competences, procedure and work results of the committee within AEC tasked 33 Meetings, available at: with decision-making in misdemeanour cases; http://www.aek.mk/index. php?option=com_k2&view=ite yy Results from UHF range re-planning; and mlist&layout=category&task= category&id=155&Itemid=519 yy GIS and WEB collector of telecommunications network’s underground infra- &lang=mk structure.

20 FIFTH QUARTERLY REPORT Invitation, meeting agenda and template for participation at this public ON AVMS AND AEC PERFORMANCE meeting were timely published on AEC’s website. This public meeting was open and allowed attendance by all persons interested. Immediately after the meeting was concluded, relevant presentations were uploaded on AEC’s website.

3.1.5 PRESS RELEASES AND EVENTS In the last quarter of 2017, AEC’s website was updated with three new press releases34 related to: the amateur radio exam (notification on the date when this exam will take place), the new cycle of analysis of relevant wholesale market pursuant to the valid decision on determining relevant markets subject to previous regulation, focused on market 14 – services for termination of SMS in public mobile communications networks, and press release related to market analysis and concerning publication of new report on total annual income, including guidelines for operators about template, contents and method of report submission.

Chart no. 10: Press releases issued by AEC in the last four quarters

3.1.6 COOPERATION WITH AEC For the purposes of this monitoring project, throughout this quarter the project team maintained continuous communication with AEC representatives 34 http://aek.mk/index. and organized several joint meetings. In that regard, it should be noted that php?option=com_k2&v openness of AEC representatives towards the project team was on high level iew=itemlist&layout=ca tegory&task=category in this reporting period. They regularly responded to our requests for meetings, &id=92&Itemid=466&l at which all ongoing issues were openly discussed. ang=mk

21 3.2 INDEPENDENCE AND EFFECTIVENESS

3.2.1 QUARTERLY REPORTS ON ELECTRONIC COMMUNICATIONS MARKET DEVELOPMENT In this quarter, AEC published the reports on electronic communications market development in the first two quarters35 of 2017. Standardly, these reports contain data on market shares of individual mobile and landline, internet and television operators. Publication of these reports is law-stipulated obligation for AEC, while the overall annual report on electronic communications market development (for all four quarters) must be submitted to the Parliament no later than 31st March 2018, together with AEC’s Annual Operation Report.

3.2.2 PUBLIC SURVEYS ABOUT THE ELECTRONIC COMMUNICATIONS MARKET IN THE REPUBLIC OF MACEDONIA 35 Reports on electronic communications market In this reporting period, AEC conducted two public surveys about the development, available at: electronic communications market. Both surveys used questionnaires, http://www.aek.mk/index. 36 php?option=com_ whereby the first survey targeted residential users , while the second targeted 37 36 Public survey, available business users. Both surveys were conducted on representative samples, at: http://www.aek.mk/index. i.e. the survey among residential users was conducted on sample comprised php?option=com_ of 1100 respondents and the survey among business entities was conducted 37 Public survey, available at: on sample comprised of 300 respondents. Certain questions inquired http://www.aek.mk/ index.php? about citizens’ or business users’ awareness and knowledge of AEC, their option=com_k2&view= satisfaction with AEC’s performance and how often they use the possibility to item&id=2175:izveshtaj- lodge complaints to AEC. ispituvanje-na-javnoto- mislenje-vo- odnos-na-pazarot- 3.2.2.1 AWARENESS ABOUT AEC’S WORK na-elektronski- komunikacii-vo-makedonija- (AMONG RESIDENTIAL USERS) delovni-korisnici&Itemid= 523&lang=mk k2& Awareness about AEC’s existence among residential users accounts view=item&id= for 61.5% and is marked by minor increase compared to 2016 data, when it 2176:izveshtaj- accounted for 59.4%. rezidencijalni- korisnici-ispituvanje- At regional level, the highest level of awareness about AEC’s existence was na-javnoto- observed in the Southwest Region (76.5%), while the lowest level was observed mislenje-vo-odnos- na-pazarot-na-elektronski- in the Polog Region (46.4%). komunikacii-vo- Cross-referenced against respondents’ age groups, the highest level makedonija&Itemid= of awareness about AEC’s existence and operation was observed among 523&lang=mk k2&view=item&id= respondents aged 30-39 years (73.1%), and the lowest level was observed 2142:izvestaj-za- among respondents aged around 60 years (39.9%). Majority of respondents razvoj-na-pazarot-za (64%) who are aware of AEC reported that this regulatory body contributes to -prviot-kvartal -2017&Itemid= liberalization and development of the electronic communications market in the 520&lang=mk Republic of Macedonia.

22 FIFTH QUARTERLY REPORT ON AVMS AND AEC 3.2.2.2 AWARENESS ABOUT AEC’S OPERATION PERFORMANCE (among business USERS) Results from the survey conducted among business users show higher awareness about AEC’s existence compared to residential users, and accounts for 89.7%. However, compared against survey data from last year, this share has decreased by 3%. Asked about the function performed by the Agency of Electronic Communications, respondents who previously indicated awareness mainly answered that its function is to inform and protect users of electronic communications services (61.3%), to control providers of electronic communications services (44%), and that this agency acts as regulator of the electronic communications market (42%). Survey data related to submission of complaints to AEC are particularly interesting. Hence, as much as 45% of business users are unaware of the possibility to lodge complaint to AEC in cases when their operators have rejected direct complaints. Only 12.5% of business users that have lodged complaints to their respective operators and were unsatisfied with their responses proceeded to lodge complaint to AEC. Analysed at the level of all respondents, both residential and business, only 1.7% lodged complaints to the Agency of Electronic Communications.

3.2.3 AEC’S 2016 ANNUAL OPERATION REPORT At the 14th extension to the 6th plenary session38 held on 6th November, Parliament of the Republic of Macedonia reconsidered AEC’s 2016 Annual Operation Report, but it was not officially adopted by the cut-off date for this document. It should be noted that during the plenary discussion for this report, no MPs took the podium.

3.2.4 FERRIS WHEEL DONATIONS Minutes from the 13th meeting held by AEC Commission underline that “Commission Members requested the sector on finances to submit information about funds donated to the Public Transport Enterprise, i.e. to provide opinion and explanation in the sense of the Law on Donations about the deadline for the organization benefiting from donated funds to present AEC with report on utilization of donated funds and next steps in the overall procedure”. By using the instrument on free access to public information, the project team was informed by AEC that, thus far, they have addressed PTE Skopje on three individual occasions (on 20.10.2017, 20.11.2017 and 12.02.2018) demanding them to submit financial report on utilization of donated funds, in compliance 38 with the Law on Donations and Sponsorships to Public Activities. In that, in 14th extension to the 6th plenary session of the response to their first two letters AEC has been informed that PTE keeps the Parliament, available at: funds in question on separate bank account, designated for construction of https://www.sobranie.mk/ the Ferris Wheel and that the funds have not been spent in their entirety and sessiondetails.nspx? sessionDetailsId= will be used exclusively for that purpose. By the cut-off date for this report, AEC 0d46cc3a-68dd-4764- has not received any response to its third letter addressed to PTE. 93c8-f3123c09aa17

23 3.2.5 decisions on SUSPENSION OF approvals ON USE OF radiofrequencIES In this quarter, AEC enforced a total of 21 decisions on suspending approvals on radiofrequency use.39 Companies whose radiofrequencies were revoked include: One.Vip, Roki-2002 LTD import-export Stip, Macedonian Telecom, etc.

3.3 PERFORMANCE AND LAW ENFORCEMENT

3.3.1 INTERNATIONAL MEETINGS AND TRAINING FOR AEC STAFF MEMBERS In the last quarter of 2017, AEC staff members participated in number of inter- national events and meetings, as follows: - Training on non-ionizing radiation, delivered at NARDA training centre; - International Conference on Computer Science and Communication Engineering; - QMS Auditor/Lead Auditor ISO 9001:2015; - Detecting Financial Statement Fraud; - Exposure Measurements at Radio Base Stations with SRM-3060; - Training on regulatory framework for electronic communications networks & services and other topics related to BEREC activities; -4th meeting of the Contact Network in 2017; - Joint capacity building “Cyber Drill - ALERT (Applied Learning for Emergency Response Teams)”; - Legal and regulatory barriers to introduction of cloud services in the European Union; -UBT-CERT on project cooperation in 2018 and on procedure for MKD-CIRT’s membership in FIRST. Moreover, AEC staff members participated in several training sessions, as follows: - First International Conference on Safety and Health at Work; - Risk Management and Management Systems; 39 Decisions on suspension of approvals on radiofrequency - Training on Information Safety According to ISO27000 for External Auditor; use, available at: https:// europeanwesternbalkans. - Training for Internal Auditors for IPA1 and IPA2 Models; com/2017/12/01/montenegro- - Counselling on case law, specific situations, examples and guidelines; serbia-bih-macedonia-abolish- roaming/ - Training for Internal Auditors: TRUSTED ADVISOR.

24 FIFTH QUARTERLY REPORT ON AVMS AND AEC 3.3.2 ANNUAL EMPLOYMENT PLAN PERFORMANCE At its 14th meeting, AEC Commission approved adoption of the 2018 annual employment plan. Relevant minutes from this meeting do not include any reference to type of information contained in the employment plan and this document is not available on AEC’s website.

3.3.3 ABOLISHMENT of roaming charges BETWEEN MACEDONIA, SERBIA, Bosnia and Herzegovina, AND MONTENEGRO In late November, representatives of electronic communications regulatory bodies from four states (Macedonia, Serbia, Bosnia and Herzegovina, and Montenegro) held a joint meeting in Belgrade and agreed the draft text of the agreement on abolishing roaming charges among them. According to the draft agreement,40 roaming charges in these four states should be capped at the level of in-country charges, following the example of roaming charges in the EU. The draft agreement was submitted to line ministries in all four states and this agreement is expected to be enforced very soon. Abolishment of roaming charges should be the final result of the 2014 agreement signed among these four states, according to which prices charged for roaming services will be gradually decreased year after year.

3.3.4 PUBLIC PROCUREMENTS At its 14th meeting,41 AEC Commission approved changes to its 2017 annual plan on public procurements. According to the relevant minutes, changes to 40 Montenegro, Serbia, Bosnia this plan are made for the purpose of organizing public procurement on adaptive and Herzegovina and Mace- maintenance of the radiofrequency spectrum management (planning) system donia will abolish roaming which, at the time when it should have been organized underwent change charges, available at: https:// europeanwesternbalkans. in terms of the procurement’s estimated value enlisted in the annual plan. com/2017/12/01/monte- However, AEC’s website still hosts the old annual plan on public procurements negro-serbia-bih-macedo- without the last change thereto approved by AEC Commission. nia-abolish-roaming/ 41 Minutes from 14th meeting In the fourth quarter of 2017, AEC announced 15 public procurement held by AEC Commission, available at: http://www.aek. procedures, including procurement of financial audit services, foodstuff, mk/index.php?option=com_ occupational health and safety equipment, public opinion surveys, maintenance k2&view=item&id=2198: of AEC’s building façade, in-service training for AEC staff members, carwash zapisnik-od-sosta- nok-br-14-na-komisija- services, maintenance of air heating and cooling systems, and maintenance of ta-na-aek-za-2017-go- heating boilers. dina&Itemid=462&lang=mk

25 3.3.5 2018 ANNUAL operation program and financial plan In order to obtain complete image about AEC’s operation and regulation of the electronic communications market in the Republic of Macedonia, the project team analysed AEC’s 2108 Annual Operation Plan. AEC’s 2018 Annual Operation Program and Financial Plan were adopted at the 15th meeting of AEC Commission,42 after previously organized public consultations.

Conclusions from AEC’s 2018 Annual Operation Plan AEC’s 2018 Annual Operation Plan is closely linked to fulfilment of law- stipulated goals and principles of this regulatory body aimed at creation of solid preconditions that will result in complete regulatory framework for the electronic communications market, especially in regard to improving the competitive environment in the Republic of Macedonia. Another priority highlighted in AEC’s 2018 Annual Operation Plan is to continue the project on construction of the antenna system for radiofrequency control and monitoring on the territory of the Republic of Macedonia, which represents a five-year project.

2018 Annual Financial Plan Total revenue anticipated under AEC’s 2018 Annual Financial Plan amounts to 475,555,000 MKD. 42 Minutes from 15th meeting held by More than 78% of these funds will be collected by means of spectrum fees AEC Commission, available at: (372,295,000 MKD). Remaining funds will be collected from charges for supervision http://www.aek.mk/index. of electronic communications market (50,810,000 MKD) and charges for use of php ?option=com_ designated numbers and series of numbers (50,250,000 MKD) k2&view=item&id= 2218:zapisnik- od- AEC expects to collect additional 2,200,000 MKD under three revenue sostanok- br-15-na-ko misijata&Itemid=462&l items (interest rates on sight deposits, default interest rates, and court fees ang=mk/ and other revenue), accounting for 0.5% of its 2018 total budget.

26 FIFTH QUARTERLY REPORT ON AVMS AND AEC PERFORMANCE

Chart no. 11: AEC’s planned revenue in 2018, in MKD Analysis of AEC’s total revenue planned for 2018 shows that this regulatory body expects to spend less funds compared to the last two years, by 12.8% compared to 2017 figures, i.e. by 20.2% compared to 2016 figures. The same difference in figures is reflected in budget expenditure, because year after year, AEC’s financial plans include identical amount of funds planned as budget revenue and budget expenditure.

Chart no. 12: AEC’s planned revenue (expenditure) per year, in MKD

27 In 2018, AEC’s total expenditure is identical to the total revenue planned (475,555,000 MKD), of which around 85% are allocated under four expenditure items: capital assets, salaries and salary contributions, equipment, and intellectual and other services.

Chart no. 13: AEC’s planned expenditure for 2018, in MKD Although the budget item on capital assets is decreased by 27.4% compared to last year figures, they still represent the biggest expenditure item under AEC’s 2018 budget, accounting for 32.9%. More than 97% of funds allocated under this budget item (152,532,282 MKD) are intended for construction of the antenna system on radiofrequency control and monitoring located on Vodno, while remaining funds are intended for reconstruction of local buildings housing AEC’s control and monitoring centres. The second biggest item under AEC’s planned budget concerns salaries and salary contributions, accounting for 136,000,000 MKD, i.e. 32.8% of the total budget. In 2018, this budget item is increased by 5,000,000 MKD compared to last year figures. Provided that these funds are spent according to plans, average gross salary per employee in 2018 would amount to 1,046,154 MKD on annual level, i.e. 87,179 MKD on monthly level. This sum is obtained by dividing the total sum of 2018 budget funds allocated for salaries with total number of employees at AEC, i.e. 130. Next in terms of size is the budget item on equipment, in total amount of 56,183,170 MKD, i.e. 11.8% of the total budget (representing decrease by 19.75% compared to 2017 figures). Around 88% of funds allocated under this budget item are planned to be spent on IT equipment (49,658,730 MKD). One of the biggest budget items concerns intellectual and other services (34,889,500 MKD), i.e. slightly above 7% of the 2018 total budget. Most funds under this budget item are planned for consultancy services (12,915,000 MKD), followed by property and personal security services (6,814,000 MKD). Third type of costs according to amount of funds allocated under this budget item concerns contract services, i.e. remuneration for AEC Commission Members, in the amount of 5,600,000 MKD.

28 FIFTH QUARTERLY REPORT Based on relevant calculations, i.e. division of this amount with the ON AVMS AND AEC PERFORMANCE total number of Commission Members (five), it can be concluded that gross royalties per commissioner amount to 1,120,000 MKD (on annual level), i.e. 93,333 MKD (on monthly level). AEC’s 2017 budget anticipated an identical sum for payment of royalties to AEC Commission Members. According to the Law on Electronic Communications, Commission Members are not employed at AEC and are entitled to monthly remuneration in the amount of four average salaries. Another major budget item concerns business travel and travelling costs, accounting for 8,850,000 MKD in 2018, which is identical with the sum indicated under AEC’s 2017 budget. When engaging in same calculations as those indicated in the first quarterly report from this monitoring project when we analysed AEC’s 2017 budget and the fact that 2018 has 235 working days, it can be concluded that in 2018 as well AEC will spend an average amount of 37,660 MKD per working day on business travel and travelling costs, i.e. just above 600 EUR. Compared to previous years, AEC’s 2018 budget features one major difference identified in the fact that no funds are allocated under the budget item on assistance, donations and other payments.

3.4 PUBLIC INTEREST

3.4.1 CARE FOR END-USERS In this quarter, the project team continued to test the website option on posting questions in the section Q&A and relevant responses were received within a period of 24 hours. Through the instrument on free access to public information, AEC informed the project team that in the course of 2017 it has answered a total of 397 questions posted by citizens, 150 of which in the last quarter of the year.

Chart no. 14: Number of answers to questions posted on AEC’s website komuniciraj.mk

29 3.4.2 COMPLAINTS BY END-USERS Under its 2018 Annual Financial Plan, AEC anticipates funds in the amount of 6,000,000 MKD to be spent on advertising, propaganda and representation, which is identical with funds under its 2017 budget. In that, a sum of 1,200,000 MKD is planned to be spent on representation materials. Having in mind that in the course of 2017 AEC was presented with total of 930 complaints and that results from focus group discussions organized as part of this project showed that, to great extent, citizens are not fully satisfied with terms and conditions provided by operators, it can be concluded that greater efforts are needed on the part of AEC to promote its competences. That would also necessitate increased funds for promotion materials and campaigns. Among total of 930 complaints lodged in the course of 2017, 875 were lodged directly to AEC in written, accounting for 94% of all complaints, and only 55 complaints lodged electronically through the website option (e-agencija. mk)43, accounting for 6% of all complaints.

Chart no. 15: Number of complaints lodged by end-users in the course of 2017 43 Complaints lodged by High share of complaints lodged by citizens (47%) concern mobile and end-users, available at: https://e-agencija.aek. internet services. In that, majority of complaints were lodged by residents in mk/?page_id=774 Skopje (63%), followed by residents in (9%).

30 FIFTH QUARTERLY REPORT ON AVMS AND AEC 3.4.3 CALLS AND MESSAGES TO TOLL FReE NUMBER 190 PERFORMANCE The toll-free number 190, administrated by AEC, provides another possibility for citizens to pose questions or lodge complaints related to electronic communications services. In this case as well, relying on the instrument on free access to public information, AEC informed the project team about the number of citizens that used this option in 2017, on quarterly level.

Chart no. 16: Calls and messages to Call Centre 190 in the course of 2017

3.4.4 AEC’S PARTICIPATION IN PUBLIC DEBATES AEC representatives were key note speakers at the public debate “Cyber Secu- rity Policies – Transposition of EU Directive 2016/1148 on High Common Level of Security of Networks and Information Systems”, held on 13th November.44 At this event, AEC presented its findings and statistics on cyber-attacks in 2017, according to which 328 websites registered in Macedonia were attacked only in the period January–October. This panel discussion aimed to inform the public about the importance of this problem and to indicate that activities are underway on developing the new strategy on cyber security with involvement of all stakeholders. In particular, the strategy anticipates adoption of new legislation on this topic, establishment of post-graduate studies on cyber security and improving capacity of human resources working in this field. In 44 Panel Discussion addition to AEC representatives, the panel discussion included presentations on Cyber Security, available at http:// by representatives from the Ministry of Defence, Ministry of Information www.mioa.gov. Society and Administration and Ministry of Interior. mk/?q=node/4499

31 32