Sanja Sovrlić • Snežana Đapić DARKNESS AND SILENCE AFTER THE BRUXELLES AGREEMENT Analysis of the Agreement on Energy and Communications We here, apparently, according to developments so far, have people who make very important decisions without having a clue who sits opposite of them. Sanja Sovrlić, Snežana Đapić DARKNESS AND SILENCE AFTER THE BRUXELLES AGREEMENT Publisher NVO „Radio MIR“ Vojske Jugoslavije 26 Leposavić For publisher Sanja Sovrlić Print Urban Pixel Kosovska Mitrovica Circulation 200 copies CONTENTS LIST OF ABBREVIATIONS .....................................5 1 INTRODUCTION .......................................................7 2 TELECOMMUNICATIONS .....................................9 RESULTS .........................................................................13 TELEVISION SIGNAL ......................................................14 LANDLINE AND MOBILE TELEPHONE NETWORKS ......15 RESULTS ........................................................................17 PROBLEMS IN FUNCTIONING OF TELEPHONY IN THE NORTH OF KOSOVO ..........................................19 GROUP FOR IMPLEMENTATION OF THE AGREEMENT ..........................................................20 RESULTS ........................................................................20 3 ENERGY .......................................................................21 STATE OF PLAY IN THE FIELD OF ENERGY IN THE NORTH OF KOSOVO ..............................................23 DEVELOPMENT OF NEGOTIATIONS ABOUT ENERGY ..26 ESTABLISHMENT OF NEW COMPANIES .......................27 4 CONCLUSION ............................................................31 TELECOMMUNICATIONS ...............................................32 ENERGY .........................................................................33 5 RECOMMENDATIONS ..........................................35 GENERAL RECOMMENDATIONS ...................................36 TELECOMMUNICATIONS ..............................................36 ENERGY ..........................................................................36 RECOMMENDATIONS FOR CITIZENS ...........................37 LITERATURE ...................................................................38 LIST OF ABBREVIATIONS EMS – Electro-Network of Serbia ENTSO E – European Network of electricity transfer operators KOSTT – System, Transmission and the market for Electricity of Kosovo KEK – Kosovo Energy Corporation, JSC. KEDS – Office for Electricity Distribution in Kosovo, JSC. EPS – Electro-Industry of Serbia EK – Elektro-Kosmet (Electrodistribution Kosovska Mitrovica) ES – Electro-North ITU – International Telecommunications Union RAEPK – Regulatory Agency for Electronic and Postal Communications of Kosovo JP - Publicly Owned Enterprise (POE) ZSO – Association of Serbian Municipalities ARBK – Kosovo Agency for Business Registration ICANN – International organization for alternative way of regulation of commu- nication sector GSM – Global system for mobile communications INTRODUCTION 1 8 INTRODUCTION 1 n the four municipalities in north of Kosovo electricity supply is not sta- ble (frequent power cuts, especially during winter time), and the quality of these services is not on a sufficient level. From year 1999 in municipalities North Mitrovica, Zvečan, Zubin Potok and Leposavić collecting on electrici- ty bills is not functioning, and the authorized distributors lack mechanisms Ito charge the service delivered. Within the Bruxelles Dialogue several agree- ments were signed for regulation of particular areas, but its implementation is marred with numerous problems, delays and ambiguities. Agreements on energy and telecommunications are directly dealing with quality of life of the people, and unlike other arrangements, concern a large number of citizens. The Agreement on telecommunications had the objective of obtaining the tele- phone area number for Kosovo (+383) and regulating the work of mobile tele- phone operators from Serbia in the north of Kosovo. In November 2016, during the negotiations in Bruxelles, a further implementation of this Agreement was agreed, i.e. its version from 2013 and 2015, respectively. This Agreement con- cerns operations of Telekom Serbia in Kosovo through the company MTS DOO and it regulates the possibility of setting tariffs for calls between places in central Serbia and those in Kosovo, as inter - city calls. Having in mind from the fact that communications and use of telephones influence daily life of citizens in sense of everyday communication, the interest of citizens for practical implementation of this Agreement is very big. The Agreement on Energy entails establishment of two enterprises (EPS Trgovina and Elektrosever) which would deal with distribution and billing and charging electricity in municipalities Zvečan, North Mitrovica, Zubin Potok and Leposavić. The research undertaken in 2016 by NGO Radio Mir and team for Social Re- searches (Tim za društvena istraživanja) shows that citizens are not familiar with provisions of the Agreement that concerns energy1. The goal of this study is, through analysis of all so far concluded agreements and the development of their implementation) to provide more information to citizens about how will these agreement reflect on their everyday life. The Study also contains recommendations both for decision-makers and citizens in order for implementation of agreed matter in future to be more transparent. 1 “Let’s ask north - research of opinions of citizens in the north of Kosovo about public and communal services” which was undertaken during 206 by NVO Radio Mir in four municipalities in the north of Kosovo showed that 64,5% of respondents were not familiar with the content of Brux- elles Agreement on energy. TELECOMMUNICATIONS 2 10 TELECOMMUNICATIONS 2 he Bruxelles Agreement on Telecommunications has, more than any other agreement so far, met significant reactions of the public in north of Kosovo. While other agreements concluded so far, during imple- mentation, were dealing with a certain category of population, this agreement concerns a large number of people from various social cat- Tegories, in fact all those who own a land line or mobile telephone. The most im- portant result in implementation of this agreement is establishment of company „MTS DOO“, which is in charge for telecommunications in Serbian communities in Kosovo, in particular in municipalities North Mitrovica, Zvečan, Zubin Potok and Leposavić. With establishment of this company in Kosovo, mobile operators VIP and Telenor ceased their operations, which mean that the newly founded company gets the monopoly over telecommunications in the north of Kosovo. Regardless of deficiencies in implementation of this agreement, citizens of Koso- vo who live in Serbian majority communities still find these services more af- fordable than those from other Kosovo operators (IPKO and VALA). The reason for this is lower prices for calls to Serbia. However, this company operates based on a temporary business license, and it is still unknown what will happen after expiration of the two-year period of validity of the permit for work for MTS DOO. Same as the Bruxelles process in general, this agreement is also not transparent, and thus it leaves space for different interpretations by negotiating parties, as well as by wider public. Citizens who took part in this survey are not informed about further steps in implementation of what was agreed upon. Not even the employees of MTS DOO were sufficiently informed about further steps in imple- mentation of this agreement. They are former employees of Telekom Serbia, and they were learning about further obligations along with the daily work. When there was disconnecting of clients who did not undertake a timely re-registra- tion from one to another company, the officials in MTS DOO did not know im- mediately how to proceed in this situation, and also what was the procedure for reconnecting and re/registration of clients, so they were telling to citizens to come next day since they still did not get instructions what to do exactly2. 2 This was confirmed by citizens who participated in Focus groups, an also authors of the study “Darkness and silence after the Bruxelles Agreement” had similar experiences during re-regis- tration in MTS DOO 2 TELECOMMUNICATIONS 11 AREA CODE FOR KOSOVO AGREED DEADLINES RESULTS ISSUANCE OF THREE 31/ 12/ 2013. – first Beginning of 2016 DIGIT AREA CODE deadline Austria requested a NUMBER TO KOSOVO number for Kosovo, 15/ 08/ 2017. – second Serbia has given consent deadline in December 2016. 01/ 01/ 2016. – 15/ 12/ 2016. ITU addressing to ITU issued +383 as a territorial area code, 01/ 03/ 2016. – granting which Serbia gives to the area number Kosovo for use 15/ 03/ 2016. – decrease of costs of local calls OPERATORS ACCEPTED THE OBLIGATION TO LOWER THE COOSTS 15/ 01/ 2017 Regulatory Agency for telecommunications of Kosovo granted to MTS a temporary license for mobile telephony 02/ 02/ 2018 started the use of area code +383 12 12 TELECOMMUNICATIONS 2 One of agreements which brought a lot of discussions is the introduction of area code for Kosovo. This agreement envisages that International telecommuni- cation Union (hereinafter: ITU), in accordance with standards, principles and schedule of ITU provides an area code for Kosovo. Within these negotiations, the operators accepted the obligation to lower the expenses to a level of local call tariff. First deadline for finding a compromise solution for area code for Kosovo was December 2013, but