AN OVERVIEW OF TELECOM MARKET IN THE REPUBLIC OF SERBIA IN 2011 Belgrade, 2012. 3 CONTENTS AN OVERVIEW OF TELECOM MARKET IN A WORD OF INTRODUCTION 5 THE REPUBLIC OF SERBIA 1. RATEL’s ACTIVITIES IN 2011 8 IN 2011 2. ELECTRONIC COMMUNICATIONS MARKET ANALYSIS 32 3. PUBLIC FIXED TELECOMMUNICATIONS NETWORKS AND SERVICES 56 4. PUBLIC MOBILE TELECOMMUNICATIONS NETWORKS AND SERVICES 68 5. INTERNET SERVICES 82 6. ICT USAGE IN SERBIA 90 7. MEDIA CONTENTS DISTRIBUTION 102 8. BROADCASTING 108 9. RF SPECTRUM MONITORING AND QUALITY CONTROL 113 10. TELECOMMUNICATIONS NETWORKS OF PUBLIC ENTERPRISES 122 11. LIST OF BYLAWS ADOPTED BY RATEL 143 Title: Design and prepress: An Overview of Telecom Market in the Republic of MaxNova d.o.o. Serbia in 2011 Takovska 45/6, 11000 Beograd Authors: Printed by: dr Milan Janković, mr Vesna Tintor, Sanja Vukčević- PARAGON Vajs, Aleksandar Utješinović, Zorana Vujović, Dragan Zlatiborska 32b, 11080 Zemun Lukić, Duško Kostić, Aleksandar Mitrović, Dejan Vakanjac, Snežana Jovičić, Milosav Grubović, Vesna Krzman, Tomislav Ranđić, Aleksandra Stefanović, ISSN broj: Zorana Nedić 1820-8738 7th year Copyright © 2012 RATEL All rights reserved. Published by: Print run: Republic Agency for Electronic Communications 500 copies (RATEL) Višnjićeva 8, 11000 Belgrade Telephone: +381 11 3242-673 Fax: +381 11 3232-537 www.ratel.rs A WORD OF INTRODUCTION A WORD OF INTRODUCTION 5 AN OVERVIEW OF TELECOM MARKET IN The Republic Agency for Electronic Communications has been regulating the telecom market in the THE REPUBLIC OF SERBIA Republic of Serbia for seven years, since it was established in May 2005 as the Republic Agency for IN 2011 Telecommunications (RATEL), pursuant to the 2003 Law on Telecommunications. In July 2010 the Law on Electronic Communications was passed, based on the 2002 EU Regulatory Framework and, partly on 2007 EU regulation. According to the new law, the Agency changed the name in the Republic Agency for Electronic Communications, keeping the same short name RATEL. The Law sets out the following tasks: • ensure the conditions for the further development of the electronic communication by using the advanced ICSs and a balanced development throughout the territory of the Republic of Serbia, • create conditions for level-playing field for all market players, both in terms of network neutrality and in terms of market economy, • ensure further development of the electronic communication market by applying ex- ante mechanisms such as to stimulate competition, and, where necessary, also by applying ex-post market regulation, • provide a comprehensive protection of the interest of all market participants, end-users in particular, leading to the provision of new, more affordable services, of higher quality, • ensure optimal and rational usage of all national resources: frequencies and numbering. RATEL’s 2011 Activity Plan envisaged the following specific activities: • preparation of bylaws in order to implement the Law on Electronic Communications, • measures for efficient implementation of the Government policy and strategy for A WORD OF INTRODUCTION 6 electronic communications, AN OVERVIEW • regulatory activities and measures for the enhancement and development of the OF TELECOM MARKET IN electronic communication market, THE REPUBLIC OF SERBIA • activities related to the enhancement and development of the Agency, IN 2011 • cooperation with other institutions and organizations. By the end of 2011, RATEL published 16 bylaws in the Official Gazette of the Republic of Serbia, envisaged by the Law on Electronic Communications. The procedure of preparing the bylaws in RATEL’s competence consists of drafting, public consultation and adoption of the act by the Agency Managing Board, followed by requesting the opinion of the relevant ministry on the compliance of the act with the Constitution and the Law, whereupon the final text is prepared and published in theOfficial Gazette of the Republic of Serbia. The Agency also prepared and submitted to the responsible ministry 7 proposals of the bylaws to be passed by the ministry at the proposal of the Agency. Pursuant to the Law on Electronic Communications, and implementing the relevant EU recommendations on the markets susceptible to ex-ante regulation, the Agency designated and analyzed 9 relevant markets, identified SMP operators in each market and passed the relevant decisions. The decisions stipulate the conditions under which the SMP operators are to provide their services. In 2011 the Agency signed the memoranda on understanding and cooperation with the NRAs from Macedonia (AEK), Bulgaria (CRC), Greece (EETT) and Croatia (HAKOM). As for the national institutions, RATEL also signed the memorandum of cooperation with the Competition Commission of the Republic of Serbia, and has a continual cooperation with the consumer protection association. The Agency participated in the meetings of the Enhanced Permanent Dialogue (EPD) between EU and the Republic of Serbia and the dialogue Belgrade – Priština, held in Brussels. Furthermore, RATEL took active part in the conferences organized by the NRAs in the region. In accordance with their obligations, RATEL presented to the public a number of analysis and reports concerning the developments in the telecommunications market of the Republic of Serbia, and participates in the 7 meetings organized by Cullen International. AN OVERVIEW OF TELECOM MARKET IN An Overview of Telecom Market in the Republic of Serbia in 2010 was published in June 2011 in THE REPUBLIC OF SERBIA printed and electronic form, in both Serbian and English language. The hardcopies were distributed to IN 2011 state institutions, operators and media, whereas the electronic version is available at the Agency website along with the overviews from the previous years. Chair of the Managing Board Professor Jovan Radunović 1. RATEL’s ACTIVITIES IN 2011 8 1. RATEL’s ACTIVITIES IN 2011 AN OVERVIEW OF TELECOM MARKET IN THE REPUBLIC OF SERBIA The year 2011 was marked by dynamic activities related to the implementation of the Law on IN 2011 electronic communications (Official Gazette of RS, no. 44/10, hereinafter: the Law). The Law is harmonized with the EU 2002 Regulatory Framework and thus enables the following: • greater transparency and legal certainty in the electronic communication sector, in order to stimulate the investments in the sector; • continuity in the work of the regulatory authority, the Republic Agency for Electronic Communications, as the legal successor of the Republic Telecommunication Agency; • introduction of the “general authorization” to the end of further liberalization of the electronic communication sector; • conditions and parameters for identifying markets susceptible to ex-ante regulation, along with the criteria for designating operators with significant market power and imposing regulatory obligations on an SMP operator; • guaranteed quality in the provision of publicly available electronic communication services by stipulating the QoS parameters in greater detail and by setting the minimum QoS, along with the manner in which the information on the offered QoS is to be provided; • electronic communication networks and services user protection; • non-discriminatory assignment procedure for addresses, numbering and radio frequencies, as scarce resources; • introduction of technological neutrality policy, to the end of further development of the electronic communication sector in the Republic of Serbia. The Republic Agency for Electronic Communications (RATEL) is an autonomous organization - an 9 independent regulatory authority founded by the Law, and, pursuant to Art. 141 of the Law, it is AN OVERVIEW the legal successor of the Republic Telecommunication Agency. OF TELECOM MARKET IN THE REPUBLIC OF SERBIA The process of liberalization and opening of the telecom market in the Republic of Serbia IN 2011 continued in 2011, mainly through creation of a stable and predictable regulatory environment, in order to stimulate the sector development, investments, innovative services, new market entrants, promotion of competition and protection of users’ interests. In keeping with the competencies stipulated under the Law, the principles and objectives of the market regulation, as well as in the strategic documents and provisions regulating the sector, in 2011 RATEL focused its activities on the adoption of bylaws, relevant market analysis and the adoption of decisions significant for the market regulation and electronic communications sector development, all to the end of ensuring the conditions for a balanced and stable development of the electronic communications within the territory of the Republic of Serbia, business predictability and equal treatment of the operators, as well as the maximum benefit for the users of electronic communications services, in terms of choice, price and quality of the services offered. In 2011, just like the previous years, RATEL published the annual publication “An Overview of Telecom Market in the Republic of Serbia in 2010”, with the intention of making available the data that reflect the situation in the telecom sector of the Republic of Serbia, providing necessary information to the operators, relevant public authorities, scientific institutions, investors and users, as well as the national regulatory authorities in charge of the electronic communications in the region and in the EU. RATEL’s activities accomplished in the period from 1 January to 31 December 2011, which were the result of activities and tasks defined under