Bosnia and Herzegovina’s Electronic Communications Sector Policy 2017–2021
May 2017
Strategies and Action Plans
When drafting the Policy, the following facts were taken into account
a) Electronic communication (hereinafter: EK) services are an essential human need in the 21st century,
b) Developed EK networks and services represent a condition for the development of the information society or knowledge society,
c) Processes globalization is the basic social determination of today, especially relying on efficient and reliable means of communication,
d) The Stabilization and Association Agreement between the European Communities and their member states, on the one hand, entered into force, and Bosnia and Herzegovina, on the other hand and the Interim Agreement on trade and trade issues between the European Community and Bosnia and Herzegovina, and Bosnia and Herzegovina (hereinafter: BiH) is obliged to harmonize its regulations with the legislation of the European Union (hereinafter: EU),e) International Telecommunication Union – ITU (
e) International Telecommunication Union , hereinafter: ITU) through Resolution 200 (“Connect 2020 Agenda for Global Telecommunication/Information and Communication Technology Development”, BUSAN 2014) defined four goals of a global program that will lead to an information society empowered by an interconnected world in which telecommunications/information and communication technologies (hereinafter: ICT) enable and accelerate socially, economically and environmentally sustainable growth and development for everyone,
f) In the area development of broadband access at the level of EU member states Digital Agenda for Europe, as one of the seven leading initiatives of the Europe 2020 Strategy, defines the key role that ICT will play in the implementation of the plans until 2020, adopted concrete measures related to the realization of the general goal – the realization of sustainable economic and social benefits on a single digital market, based on fast and ultra-fast Internet, and interoperable applications,
g) the EU adopted the “Green Paper” on the convergence of the telecommunications, media and information sectors technologies,
h) The ICT sector already participates with more than 10% in the total world GDP and as such should be given special and priority attention.
Objectives of creating the Policy
The investment process should accelerate the further development of EC infrastructure, thus ensuring a richer range of services. EC infrastructure and services should be viewed as essential needs of all citizens, regardless of ownership structure. The path to the achievement of this basic goal will be traced through this Policy through a balanced relationship, in the regulation of the market, by the Regulatory Agency for Communications of BiH (hereinafter: the Agency), achieving several goals, the most important of which are the following:
a) Maintaining competitiveness on the EC market, which will result in an increase in the quality of services and the satisfaction of users’ needs,
b) Further development of EC infrastructure with an emphasis on EC infrastructure that enables broadband transmission services, especially in less populated areas and underdeveloped parts of the country,
c) Development of EC for the needs of public EC services,
d) Development of the EC for the needs of security, defense and emergency services in BiH,
e) Defining procedures, methods, deadlines and fees for supplementing existing and awarding future licenses for the use of radio frequency (hereinafter: RF) spectrum, especially for the implementation of broadband wireless access systems, in order to accelerate the development of the EC sector and enable the rapid introduction of new broadband services,
f) Defining the minimum conditions for the provision of universal services at an acceptable price for all users throughout the territory of Bosnia and Herzegovina and fulfilling the requirements for free calls to emergency services
g) Improvement of the system of protection of all users of EC services, and in particular the protection of secrecy and confidentiality of information that they exchange through public and private EC networks,
h) Ensuring the implementation of legal interception of telecommunications at all operators for the needs of the security sector in BiH,
i) Ensuring the efficiency of the EC sector and the sustainability of competitiveness on the market through effective control of the prices of the services provided, based on the cost principle, while preventing abuses on the EC market, including the regulation of OTT service providers in accordance with the EU Regulatory Framework for Electronic Communications ( hereinafter: EU regulatory framework) and the best practice of EU member states, and the introduction of symmetrical regulation,
j) Ensuring rational use, objectivity, non-discrimination and transparency in the allocation of RF spectrum resources and numbering,
k) Monitoring the trends and dynamics of the development of the modern world through the adoption and application of new technologies in the field of EC and information society, and harmonization of regulations with the EU regulatory framework and regulations of neighboring countries.
Expected results of the implementation of the Policy
a) Phased harmonization of the regulation of the EC sector in BiH with the acquis of the EU, with regard to the future accession of BiH,
b) Satisfactory level of development and application of modern regulatory mechanisms,
c) Satisfactory level of development, modernization and renovation of the existing infrastructure and improvement of the quality of EC services,
d) Increased investment in the EC sector,
e) Preparation of the necessary EC infrastructure for the functioning of EC services in conditions of natural disasters, disasters, incident situations, etc.,
f) Satisfactory level of EC system development along strategically defined transport corridors in BiH,
g) Prevention and stopping of unfair competition on the EC market,h) Expansion of the EC market with diverse and quality EC services,i) Effective and fair competition,j) Introduction of virtual mobile network operators (hereinafter: MVNO) on the EC market in BiH,
1. DEVELOPMENT OF THE EC MARKET
1.1. Regulation and construction of EC infrastructure
The development and construction of EC infrastructure ensures that the needs of citizens, businesses, state administration bodies and society are fully met.With the aim of developing the EC sector in the coming period, and especially the EC infrastructure, planning, development and application of the new EC infrastructure is expected by all market participants. In order to achieve this, it is necessary to define and take concrete steps, which can be summed up in the following essential activities:
a) Improving the conditions of access to the EC network, EC infrastructure and other connected equipment,
b) Providing incentives and subsidies for intensifying the construction of broadband access infrastructure.
c) Development and implementation of broadband technologies,
d) Constant harmonization of the Plan for the purpose and use of the RF spectrum in BiH with appropriate international regulations.Also, it is necessary to take measures in order to facilitate and encourage the introduction of EC networks and especially EC networks that enable the provision of broadband access services at speeds of at least 30 Mbit/s, promoting investment by all market participants, joint use of the existing physical infrastructure and enabling more efficient setting up new physical infrastructure in order to keep the cost of introducing such networks as low as possible.
Therefore, BiH is unequivocally committed to ensuring faster development of the EC sector, as a basis for the development of the information society and integration of BiH into the general globalization trends, as well as to create conditions for faster raising of citizens’ standards in BiH.In this regard, the legislative authorities at all administrative levels, within their competences, will ensure:
a) Customs relief for all EC equipment that is not produced in Bosnia and Herzegovina, according to the Program of Measures to be adopted by the Council of Ministers of Bosnia at the proposal of the line ministry. and Herzegovina (hereinafter: the Council of Ministers),
b) Tax benefits at a progressive rate in relation to the size of the invested funds for all operators of EC networks that develop access infrastructure, according to the Program of measures which, on the proposal of the relevant ministry, will be adopted by the Council of Ministers,
c ) Development of procedures for issuing building permits, obtaining rights of way, i.e. the right to access, installation, use and maintenance of EC infrastructure and related equipment, which will be regulated by entity line ministries according to existing legal regulations, and which constitute a burden on the real estate on which the EC was built infrastructure and related equipment,
d) Budget funds, during the period of validity of this Policy, to support scientific and research projects in the field of ICT,
e) Stimulative measures that will encourage the use and construction of EC infrastructure and connection of equipment for the needs of training, testing and carrying out scientific and research projects in the field of ICT in Bosnia and Herzegovina,
f) Clear regulations that will regulate in detail the conditions and procedures for the construction of public EC networks, which will remove obstacles to the construction and installation of public EC networks,
g) That the facilities that will be built in the future allow the entry of several operators into the same residential or commercial building, which may include the determination of the number of cable sewer entrances, distribution cabinets and the obligation to build internal cable sewers (channels) in the building itself,
h) That the design of EC networks and the execution of works on the installation of EC networks can only be carried out by authorized persons, and that the control of construction and installation is carried out from the stage of project approval to the issuance of a use permit,
i) When adopting spatial plans, timely foresee the basic corridors of EC infrastructure in populated and unpopulated places, in order to avoid bad planning, illegal and improvised construction,
j) To publicly announce the conditions for construction of EC networks, so that potential investors know in advance what their obligations are,
k) Construction and installation of EC infrastructure and related equipment for the provision of public EC services, including networks with the use of RF spectrum, taking care not to impair the quality of services,
l) Termination /reduction of land use costs for the construction and maintenance of EC infrastructure on the entire BiH market,m) That EC infrastructure and related equipment be planned in spatial planning documents and built in a way that meets the protection of human health and the environment,n) That all competent institutions at the request of the Agency provide assistance and initiate procedures within their jurisdiction against illegal operators of EC networks and services,
o) Stimulative measures for the development of access EC networks, independent of access technologies in rural areas of the country.
Local initiative should be the driving force behind EC development, therefore local community investments in infrastructure should not be an obstacle for the entry of more operators into a certain geographical area.Local self-government units and public companies should make cadastres of the infrastructure that can be used to install EC networks and devices and offer them to operators at reasonable prices. The use of existing cable sewers, pipelines, heating pipes, buildings and other infrastructure that can be used for safe and economical installation of EC networks and devices will reduce the need for new construction works. This will speed up the entry of new operators into the market, increase the business efficiency of existing operators, which will eventually lead to a reduction in the retail prices of EC services.Special attention should be paid to the possibility of using the existing networks of public companies for which EC is not the primary activity, so that they, as network operators, offer excess available capacity to other operators on the market.The catastrophic floods that hit BiH, as well as other possible similar events in the future, are a reminder that special attention must be paid to call services according to the single European number for emergency situations – 112, as well as to other numbers for accessing emergency services in BiH, and to planning the sustainable functionality of the EC network in case of such events. The Ministry of Security of BiH should initiate activities on the synchronized development of EC protection measures in case of natural and other disasters. Such activities may include the adoption of security guidelines and standards for EC protection.
1.2. Broadband networks and services
Measures for the further development of broadband network infrastructure and broadband services based on it will be achieved through the following priorities:
a) Construction of broadband networks that will enable high transmission speeds and the provision of new services, which will ensure reliable access to multimedia and interactive content,
b) Stimulate application of broadband wireless access networks in rural areas with the aim of reducing the digital divide of the population,
c) Encouraging the development of digital content and services as well as the translation of conventional content into digital format,
d) Harmonization of regulations in the field of EC and media that will be technologically neutral and which will enable an easier convergence of the information society and media services,
e) Ensuring technical prerequisites for the realization of broadband Internet access for all users, especially institutions, schools and educational institutions,
f) Improving cooperation with all scientific institutions in BiH and enabling their cooperation on important projects for the development of the information society, as well as other projects of mutual interest,
g) Inclusion and active participation of BiH in international projects concerning broadband access.In order to achieve the aforementioned goals, the Council of Ministers will adopt the Broadband Access Development Strategy in BiH.
1.3 RF spectrum
RF spectrum management activities are the result of assumed international obligations and the needs of the BH market. The process of transition from analog to digital terrestrial radio broadcasting and the release of radio frequency resources for the needs of further development of mobile networks, as well as the implementation of conclusions from the World Radio Conferences, will have a special impact on the further arrangement of the RF spectrum.In this regard, in the field of RF spectrum management, special attention will be paid to:
a) Continuous harmonization of the structure and content of the RF Spectrum Allocation and Use Plan in BiH according to the conclusions of the World Radio Conferences, the Joint European Allocation Plan and the interests of EC market participants in BiH,
b) Freeing the RF spectrum from existing users in the digital dividend bands and other bands intended for the introduction of mobile broadband services and networks of the fourth generation – LTE,
c) Defining the technical framework for the use of broadband access systems in BiH in the bands provided by the Joint European plan of use,
d) International coordination of frequencies with neighboring countries (determination of preferential frequencies, harmonization of use of individual frequency bands in border areas),
e) Defining RF bands intended for unlicensed use, regulating the use of unlicensed RF bands for commercial purposes,
f) Determining the range frequencies that are used for the purpose of protecting and saving human lives and defining the technical framework for the use of these systems,
g) Making the RF range available to the market for the needs of broadband access systems in accordance with the needs and interests of the market and initiating the licensing procedure,
h) Providing support implementation of the transition in the terrestrial broadcasting of television signals in BiH,
i) Participation in projects to establish digital radio communication networks for the needs of institutions and authorities in BiH and determining the needs and ways of coordinating the use of these networks,
j) Creating procedures for the use of the RF spectrum for the needs of training, presentations and execution of scientific and research projects in the field of ICT in BiH,
k) Revision of the agreement between the Agency and the Stabilization Forces in BiH – SFOR (legal successor: Ministry of Defense of Bosnia and Herzegovina) on the normalization of the coordination of radio spectrum resources from 2002,
l) Research into new models and ways of managing the RF spectrum.
When granting licenses for the use of a certain part of the RF spectrum, the Agency will, in accordance with the regulations in this area, which should be harmonized as much as possible with the EU regulatory framework, apply the principle of technological neutrality wherever possible and justified, taking into account equality of users of such part of the spectrum. The Agency will ensure the conditions for issuing consent for the use of the RF spectrum for the purpose of presenting the possibility of new equipment or EC services.The Agency will carry out the obligations of international coordination of frequencies intended for the introduction of new mobile networks and services and will initiate timely initiatives with competent bodies in neighboring countries with the aim of regulating preferential frequencies.
1.4. The infrastructure of the network of radio monitoring stations
Radiomonitoring represents one of the most important functions of the Agency through which the control and protection of the use of the RF spectrum in Bosnia and Herzegovina is carried out and is an indispensable instrument in the international coordination of radio frequencies. For the above reasons, the Agency is continuously developing a modern network of radio monitoring stations throughout the territory of Bosnia and Herzegovina. The Agency, in cooperation with the competent entity ministries, will ensure special conditions for the planned construction and smooth functioning of this network.In this sense, the Agency, in cooperation with the Ministry of Communications and Transport of BiH (hereinafter: the Ministry) and the competent entity ministries, will launch an initiative towards the Council of Ministers to treat the aforementioned network with special acts, which refer to the procedures for obtaining consent for its construction. and adequate protection.
1.5. New technologies
It is especially important to encourage the development of optical networks FTTx ( Fiber To The X ) which will enable high transmission speeds, which will satisfy all user requirements in the future and enable better use of the network infrastructure built in this way.In the area of wireless access networks, the implementation and development of new technologies that enable wireless broadband access to a large number of potential users throughout the territory of BiH will be encouraged. To this end, the Agency will provide the necessary frequency bands in urban, suburban and rural areas, whereby the assigned frequency bands will be technology-neutral.In the construction of broadband access networks, the principles of technological neutrality will be respected, which means that it will be possible to use all standardized technologies, with the condition of guaranteeing the quality of services offered and required by regulations – QoS ( Quality Of Service ).The agency will monitor new development trends and encourage the introduction of new services, such as: Future Internet , Communications between machines , Internet of Things , Computing in the cloud and Big Data , and if necessary undertake certain regulatory measures taking into account the best practice of EU member states.In order to further develop the market and suppress unfair competition, it is necessary to introduce adequate monitoring, i.e. a higher degree of control of individual markets. In this regard, the Agency will carry out appropriate controls from the point of view of determining possible illegal provision of commercial services in a certain segment. Applying the best practice of the EU member states, the Agency will adopt a new or improve the existing regulatory framework, with the aim of efficient application of new technologies.
1.6. Development and research
The current situation in the EC sector is characterized by a very small participation of domestic production and the developing ICT industry. The Council of Ministers, in cooperation with entity governments, operators and other large users of EC equipment, will work to create conditions for the employment of the domestic workforce and the development of the domestic ICT industry, especially in the development of software solutions.In order to establish a link between the national economy and science, the Ministry, in cooperation with the relevant entity ministries, will, at the beginning of each year, nominate a certain number of practically applicable scientific and research projects, which would be realized primarily through domestic scientific and research institutions, through cooperation with by the private sector or through mutually agreed regional projects.In addition to the above, the Council of Ministers will make appropriate decisions on the exemption from fees for the temporary use of the RF spectrum for all projects, which are implemented through domestic scientific and research institutions, for the purpose of training, testing and conducting scientific and research projects in the field of ICT in BiH. The Agency will determine the criteria for exercising these rights.
2. LICENSING OF PUBLIC EC NETWORKS AND SERVICES
2.1. Operator Licensing/General Authorization
At the beginning of 2006, all services on the EC market in BiH were liberalized. This implies that the basic conditions for the development of competition have been created, and the main goal is to further strengthen competition in all market segments. During the implementation of this sectoral policy, the Agency will analyze the real effects of the process of liberalization and intensification of competition on the market and, in the event of their absence, react adequately. To facilitate the conditions for the entry of new operators into the market, and in accordance with the EU regulatory framework, it is necessary to ensure the conditions for the introduction of the General Authorization system. This will replace the existing system of issuing permits to operators of public EC networks and services. The regulations will be harmonized as much as possible with the EU regulatory framework, and it is necessary to establish clear and transparent criteria on the regimes under which EC activities are carried out.
2.2. GSM/UMTS/LTE
The number of GSM/UMTS
(Global System for Mobile Communication / Universal Mobile Telecommunications System) mobile communications operators in BiH during the validity of this Policy remains three. The Agency, in cooperation with the Ministry and relevant entity ministries, will submit to the Council of Ministers a proposal for a decision that will determine when and under what conditions the Agency will issue LTE licenses to existing licensed mobile operators in BiH, as well as the price, method and procedure for paying for the licenses as well as the purpose of the funds paid .Two years after the commercialization of LTE networks, the Agency, in cooperation with the Ministry and relevant entity ministries, will submit to the Council of Ministers a proposal for a decision that will enable MVNOs to enter the mobile communications market of Bosnia and Herzegovina .Regarding roaming, it is necessary to use/apply positive European practices to the extent that is acceptable for the BiH market. The agency will monitor the situation in EU member states and, in accordance with the state of the market in BiH, propose measures in accordance with the practice of EU member states.
2.3. Wireless communications
Although for the majority of RF bands intended for the construction of wireless access networks there is an appropriate regulation harmonized with relevant international regulations and is an integral part of the Plan for the use and use of the RF spectrum in Bosnia and Herzegovina, the lack of interest in these bands by EC market participants is evident. This phenomenon causes the slow development of wireless access networks, especially in less developed areas, and increases the digital divide between urban and rural parts of the country. In this regard, given that wireless communications represent one of the most adequate and fastest solutions in reducing the perceived problem, the identification of reasons and the proposal of stimulating measures for the faster development of wireless communications must be included both in the Strategy for the Development of Broadband Access and in other acts of the Council of Ministers, including the Decision on the amount of fees for the use of the RF spectrum.The Agency will control the use of unlicensed frequency bands, both from the point of view of checking compliance with technical standards, and from the point of view of determining possible illegal provision of commercial services in that band.
3. MARKET REGULATION
3.1. Market analysis
The Agency will conduct analyzes of relevant markets subject to prior ( ex ante ) regulation (hereinafter: relevant markets) and make appropriate decisions and measures based on that. The Agency will determine the relevant markets in accordance with the regulations in this area, which should be harmonized as much as possible with the EU regulatory framework, and periodically analyze individual relevant markets and publish a report on the analysis on its website. In the process of market analysis, the Agency will, as necessary, cooperate with the competent authority for the protection of competition. The agency will continuously monitor the development of the EC market in Bosnia and Herzegovina and at least twice a year publish indicators of the EC market state based on data on the EC market that operators periodically submit.
3.2. Interconnection
Although the implementation of interconnection relations is at a satisfactory level, during the period of validity of this Policy, the interconnection process should be constantly improved, in accordance with market development, the introduction of new technologies, as well as the changing structure of the market in terms of the number of operators and service providers. Considering the importance of interconnection in the liberalized market and its contribution to the development of competition, the Agency will, during the period of validity of this Policy:a) Carry out constant monitoring of the state of interconnection in BiH and, based on that, order measures to improve the public offer of interconnection services,b) Conduct analyzes of relevant markets and based on them, determine regulatory obligations,c) After the implementation of cost accounting, interconnection prices that operators with significant market power calculate to other operators will be determined on the cost principle. Existing mobile operators will provide access and interconnection to their mobile networks under equal conditions for all operators.
3.3. Number portability
In order to further improve the number portability service, the Agency will continuously monitor its application and, if necessary, prescribe technical and administrative measures in order to improve it and speed up its implementation in business practice.
3.4. Prices of EC public services
Tariffing of the prices of EC services should be studiously and permanently monitored in order to increase the degree of use of EC services in a balanced manner through constant improvement and ensure a financial basis for operators for accelerated development of networks and services.In this regard, it is necessary for the Agency to use the “best practice” method and the method of comparison with prices in neighboring countries, taking into account the specificities and the degree of development of the EC market in BiH.In order to prevent the acquisition of advantages by vertical and horizontal transfer of market power and to prevent price discrimination, which most often occurs through the so-called “margin squeeze”, the Agency will develop a methodology and accompanying software solution for implementing the “price scissors” test in order to control retail prices and prices of services linked to a package of services.
3.5. Accounting separation and cost accounting
In order to apply accounting separation and cost accounting, as regulatory obligations that the Agency can determine to an operator with significant market power on the relevant market, it is necessary for the Agency, based on a careful study of the experiences of EU member states and neighboring countries, to draw up a methodology in which the principles will be clearly regulated , criteria, methods and procedures for separating income, expenses, assets and capital by groups, i.e. types of services, as well as all this for the application of the cost principle, in the formation of sales prices, taking into account the experience with historical cost models HCA ( Historical Cost Accounting) ), current costs CCA ( Current Cost Accounting ) and Long Run Incremental Cost ).The Agency will adopt the methodology of accounting separation and cost accounting.
4. UNIVERSAL SERVICES AND USER PROTECTION
4.1. Universal services
Universal services of prescribed quality must be available, based on a reasonable request, to all end users of the services at an affordable price throughout the territory of BiH, regardless of their geographic location.Provisions on the scope and provision of universal services, the determination of operators of universal services, the method of calculating real costs and compensation to operators of real costs incurred on the basis of the obligation to provide universal services, as well as the quality of universal services, will be defined by regulations that will be harmonized as much as possible with the EU regulatory framework.
4.2. User protection
The regulations will be harmonized to the maximum extent possible with the current EU regulations on universal service and user rights in relation to EC networks and services, and on the processing of personal data and privacy protection in the EC area. The user’s privacy must not be violated by the application of technologies and procedures for the provision of EC services. All competent institutions will ensure that the regulations under their jurisdiction, which affect or regulate the provision of EC services, ensure a sufficient level of protection of the confidentiality and privacy of EC traffic. The protection of the interests of all users of EC services, and especially the protection of confidential information, which they exchange through public and private EC networks, must be in accordance with economic and financial conditions with the application of the most modern mechanisms. By applying the principles of providing services on a transparent, objective and non-discriminatory basis, it is ensured that the end user receives the EC service as agreed, with the quality and characteristics of the service as presented to him at the time of concluding the contract. As part of measures to protect these principles, special attention should be paid to quality control of EC services. For this purpose, the Agency will establish a quality measurement system, with an emphasis on measuring the speed of broadband Internet access services. Regulations need to more clearly define the procedure for resolving user complaints, as well as ensure the possibility of transparent, simple and economical out-of-court procedures for resolving disputes between end users of services and operators.In order to protect the interests of users of EC services in terms of the availability of services, it is necessary to take special measures to ensure access to EC services for people with disabilities. BiH, as a signatory to the UN Convention on the Rights of Persons with Disabilities, has the obligation to take appropriate measures to ensure that these persons, on an equal basis with others, have access to information and communication services, as well as access to other equipment, spaces and services intended for the public. In this regard, the Agency, in cooperation with the Ministry and other relevant institutions, will identify obstacles to the accessibility of information and communication services and consider measures and activities to eliminate them.
5. LEGAL AND REGULATORY COORDINATION
Activities in the field of legal and regulatory coordination in the EC take place between the Council of Ministers, through the competent ministries, as well as in cooperation with certain institutions of the EU, i.e. the European Commission (hereinafter: EC), directly or through the Directorate for European Integration of BiH or the Directorate for Electronic communications and information technology at EC. Institutions of Bosnia and Herzegovina cooperate and participate in various projects that are conducted before the EC. The existing regulation covered all areas in the EC and created a regulatory environment for the creation of an open and liberalized market, as well as for the development of competition through an increase in the number of market participants. There is no longer a single service that is monopolized, and the procedures for obtaining permits are simple, transparent and non-discriminatory, with a tendency to move to General Authorization. The entire work takes place in front of the public and with the availability of all information. The EU regulatory framework does not cover the content of services delivered over EC networks using EC services, such as broadcasting content, financial and some information society services. In accordance with the EU regulatory framework, it is necessary to separate the regulation on transmission from the regulation on content. Bearing in mind the above, it is necessary to pass regulations that will be harmonized with the EU regulatory framework as much as possible. Under the conditions of the liberalized EC market, the Agency will continuously monitor the EC market and relations between market participants.
6. STANDARDIZATION AND LICENSING OF EQUIPMENT AND DEVICES
7. PUBLIC AND PRIVATE SECTOR PARTNERSHIP
The public-private partnership in the EC area has a major impact on the local economy due to high capital costs and relatively long exploitation time. A harmonious and properly structured partnership represents the assurance that the infrastructure or services will efficiently and successfully meet the needs in constantly changing application conditions. The Ministry, in cooperation with the relevant entity ministries, will consider initiating the procedure for the drafting of a document, which will more precisely define the partnership of the public and private sectors in the area of the EC.
8. HARMONIZATION AND CONNECTIONS WITH THE ENVIRONMENT
All activities in the implementation of the Policy in the coming period should be harmonized, both within BiH and with European and world achievements in this area, in order to successfully realize the set goals and thus reach the EU and world trends in the development of the EC sector in terms of infrastructure, new services, and regulations for the further development of the liberalized competitive market in BiH.
8.1. Harmonization of the institutional framework
The adopted and applied regulation does not represent an obstacle for the development of the market in this area and creates prerequisites for the investment of domestic and foreign capital. When drafting regulations, it is necessary that they be harmonized as much as possible with the EU regulatory framework.At the world level, it is important to follow the recommendations and determinations made by the ITU. There are particularly significant conclusions of the Global Symposia of Regulators, which are held every year and where the most current regulatory issues in the world are discussed, experiences are shared and recommendations are made by the ITU World Radio Conference. The main goals of the new regulation should be in the direction of market deregulation and the introduction of more opportunities for users through increased competition. Also, it is necessary to give significant support to the development of the so-called ”
wireless economy” , through the creation of conditions for easier access and use of the spectrum. Special efforts should be made to create a single EC market, on which the influence of users will be increasingly strengthened. Also, regulation should focus on removing bottlenecks in the market.
8.2. Participation in international processes
The policy in the realization of the set goals in the period in question should continuously monitor the development processes of the EC sector and the EC market in the EU, and especially the processes in the region through which the EU provides support to the countries of Southeast Europe to reach EU standards as soon as possible in the area of the development of the EC market and the regulatory framework, and development of new EC services, which is the subject of numerous initiatives, including:
a) eSEE Initiative WG for Development of Information Society,
b) bSEE Broadband SEE Taskforce,
c) ICT Forum of the Private Sector for SEE, led by BAC,
d ) SEDIFF (South European Digital Dividend Implementation Forum).
BiH actively participates in all these processes and, when setting goals in the implementation of this Policy, the development processes of the EC sector in BiH should be harmonized with the aforementioned international initiatives and documents.
8.3. Harmonization of sectoral policies
Policy and other strategic documents in BiH, which have points of contact with the development of the EC sector, should be harmonized.
9. POLICY IMPLEMENTATION
9.1. Policy implementation officers
The bearers of the implementation of the Policy are: the Council of Ministers, the Ministry, the Agency, the Ministry of Defense of BiH, the Ministry of Security of BiH, the competent department of Brčko District, relevant entity and cantonal ministries, operators with significant market power and other operators, and service providers, in accordance with their competences.
9.2. Monitoring the implementation of the Policy
The implementation of the Policy will be carried out in accordance with the Action Plan, which is an integral part of the Policy. Monitoring the implementation is the responsibility of all those responsible for the implementation of the Policy, each in their own domain, and integral monitoring of the implementation is the responsibility of the Ministry. At least once a year, the Ministry will submit a report on the implementation of the Policy to the Council of Ministers.
9.3. Scientific professional gatherings
In order to exchange the opinions of relevant experts in certain fields and find the most acceptable solutions to certain issues/dilemmas, the Agency will organize scientific expert meetings with the Ministry, relevant entity ministries, the Academic Community, operators and service providers on topics important for the realization of the Policy’s goals.Meetings should be held in current periods during the duration of this Policy.
ACTION PLAN
FOR THE IMPLEMENTATION OF THE ELECTRONIC COMMUNICATIONS SECTOR POLICY OF BOSNIA AND HERZEGOVINA FOR THE PERIOD 2017 – 2021
| Regularnumber | ACTIVITY | ACTIVITY HOLDER | YEAR | REMARK |
| 1. DEVELOPMENT OF EC MARKET | ||||
| 1.1. Development and construction of EC infrastructure | ||||
| 1.1.1. | Adoption of the Decision on customs relief for EC equipment that is not produced in Bosnia and Herzegovina | Council of Ministers of Bosnia and HerzegovinaMinistry of Communicationsand traffic of BiH | December 2019 | |
| 1.1.2. | Adoption of the Decision on tax incentives for EC network operators who develop access infrastructure | Council of Ministers of Bosnia and HerzegovinaMinistry of Communicationsand traffic of BiH | December 2019 | |
| 1.1.3. | Adoption of procedures for issuing building permits, realization of right of way, i.e. the right to access, installation, use and maintenance of EC infrastructure and related equipment, which constitutes a burden on the property on which EC infrastructure and related equipment is built | Regulatory agencyfor communications of BiHMinistry of Transportand connection RSMinistry of Transportand FBiH communicationCompetent entity ministries for construction and spatial planningCompetent cantonal ministries for construction and spatial planning | December 2018 | |
| 1.1.4. | Passing regulations on conditions and procedures for the construction and use of public EC networks | Regulatory agencyfor communications of BiHMinistry of Transportand connection RSMinistry of Transportand FBiH communicationCompetent entity ministries for construction and spatial planningCompetent cantonal ministries for construction and spatial planning | December 2018 | |
| 1.2. Broadband networks and services | ||||
| 1.2.1. | Adoption of the Broadband Access Development Strategy in Bosnia and Herzegovina | Council of Ministers of Bosnia and HerzegovinaMinistry of Communicationsand traffic of BiH | December 2017 | |
| 1.3.RF spectrum | ||||
| 1.3.1. | Harmonization of the structure and content of the RF Spectrum Allocation and Use Plan in BiH according to the conclusions of the World Radio Conferences, the Joint European Allocation Plan and the interests of EC market participants in BiH | Regulatory agencyfor communications of BiH | continuously | |
| 1.3.2. | Release of RF spectrum from existing users in digital dividend bands and other bands intended for the introduction of mobile broadband services and networks of the fourth generation – LTE ( eng. Long Term Evolution ) | Regulatory agencyfor communications of BiH | period2018-2021. year | |
| 1.3.3. | Defining the technical framework for the use of broadband access systems in Bosnia and Herzegovina in the ranges provided for by the Common European Plan of Use | Regulatory agencyfor communications of BiH | December 2018 | |
| 1.3.4. | International coordination of frequencies with neighboring countries (determining preferential frequencies, harmonizing the use of certain frequency bands in border areas) | Regulatory agencyfor communications of BiH | continuously | |
| 1.3.5. | Defining RF bands intended for unlicensed use, regulating the use of unlicensed RF bands for commercial purposes | Regulatory agencyfor communications of BiH | continuously | |
| 1.3.6. | Determining the range of frequencies used for the purpose of protecting and saving human lives and defining the technical framework for the use of these systems | Regulatory agencyfor communications of BiHMinistry of Security of Bosnia and Herzegovina | December 2018 | |
| 1.3.7. | Making radio frequency bands available to the market for the needs of broadband access systems in accordance with the needs and interests of the market and starting the licensing procedure | Regulatory agencyfor communications of BiH | continuously | |
| 1.3.8. | Replanning of frequencies in the UHF band 470-694 MHz, their international coordination and support for the implementation of the transition in the terrestrial broadcasting of the television signal in Bosnia and Herzegovina | Regulatory agencyfor communications of BiH | continuously | |
| 1.3.9. | Participation in projects to establish digital radio communication networks for the needs of institutions and authorities in BiH and determining the needs and ways of coordinating the use of these networks | Regulatory agencyfor communications of BiHMinistry of Communicationsand traffic of BiHMinistry of Transportand connection RSMinistry of Transportand FBiH communication | continuously | |
| 1.3.10. | Adoption of RF spectrum allocation criteria for the needs of training, presentation and execution of scientific and research projects in the field of ICT in Bosnia and Herzegovina | Regulatory agencyfor communications of BiH | September 2017 | |
| 1.3.11. | Revision of the agreement between the Regulatory Agency for Communications of BiH and the Stabilization Force in BiH – SFOR ( Eng. Stabilization Force ) (legal successor: Ministry of Defense of BiH) on the normalization of the coordination of radio spectrum resources from 2002 | Regulatory agencyfor communications of BiHMinistry of Defense of Bosnia and Herzegovina | December 2018 | |
| 1.3.12. | Research of new models and ways of managing the RF spectrum | Regulatory agencyfor communications of BiH | continuously | |
| 1.4. The infrastructure of the network of radio monitoring stations | ||||
| 1.4.1. | Adoption of the Decision on the network of radio monitoring stations in the entire territory of Bosnia and Herzegovina and the procedures for obtaining consent for its construction and adequate protection | Council of Ministers of Bosnia and HerzegovinaRegulatory agencyfor communications of BiHMinistry of Communicationsand traffic of BiHMinistry of Transportand connection RSMinistry of Transportand FBiH communication | December 2017 | |
| 1.5. New technologies | ||||
| 1.5.1. | Ensuring the necessary frequency ranges in order to enable wireless broadband access in urban, suburban and rural areas in Bosnia and Herzegovina, while respecting the principle of technology neutrality | Regulatory agencyfor communications of BiH | Junein 2018 | |
| 1.6. Development and research | ||||
| 1.6.1. | Nomination of applicable scientific and research projects in practice, which will be realized primarily through domestic scientific and research institutions, through cooperation with the private sector or through mutually agreed regional projects | Ministry of Communicationsand traffic of BiHMinistry of Transportand connection RSMinistry of Transportand FBiH communication | continuously | |
| 1.6.2. | Adoption of the Decision on the amendment of the Decision on fees for the use of the RF spectrum in BiH in the part of exemption from fees for the temporary use of the RF spectrum for projects, which are realized through domestic scientific and research institutions and are carried out with the aim of training, testing and carrying out scientific and research projects in the field ICT in Bosnia and Herzegovina | Council of Ministers of Bosnia and HerzegovinaMinistry of Communicationsand traffic of BiHRegulatory agencyfor communications of BiH | December 2017 | |
| 2. LICENSING OF PUBLIC EC NETWORKS AND SERVICES | ||||
| 2.1. Operator Licensing/General Authorization | ||||
| 2.1.1. | Analysis of the real effects of the process of liberalization and intensification of competition on the market | Regulatory agencyfor communications of BiH | continuously | |
| 2.1.2. | Passing regulations for the establishment of the General Authorization regime | Regulatory agencyfor communications of BiH | Junein 2017 | |
| 2.2. GSM/UMTS/LTE | ||||
| 2.2.1. | Adoption of the Decision on issuing LTE licenses to licensed mobile operators in BiH, price, method and procedure of payment of licenses as well as purpose of paid funds | Council of Ministers of Bosnia and HerzegovinaRegulatory agencyfor communications of BiHMinistry of Communicationsand traffic of BiHMinistry of Transportand connection RSMinistry of Transport and Communications FBiH | December 2017 | |
| 2.2.2. | Adoption of the Decision on issuing permits for MVNOs | Council of Ministers of Bosnia and HerzegovinaRegulatory agencyfor communications of BiHMinistry of Communicationsand traffic of BiHMinistry of Transportand connection RSMinistry of Transportand FBiH communication | December 2019 | |
| 2.3. Wireless communications | ||||
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| 3. MARKET REGULATION | ||||
| 3.1. Market analysis | ||||
| 3.1.1. | Conducting analyzes of relevant markets subject to ex-ante regulation and adopting appropriate regulatory measures for operators with significant market power | Regulatory agencyfor communications of BiH | continuously | |
| 3.2. Interconnection | ||||
| 3.2.1. | Monitoring the implementation of interconnection in Bosnia and Herzegovina and imposing measures to improve the reference offers of interconnection operators | Regulatory agencyfor communications of BiH | continuously | |
| 3.3. Number portability | ||||
| — | — | — | — | — |
| 3.4. Prices of EC public services | ||||
| 3.4.1. | Adopting the Methodology and providing the accompanying software solution for conducting the “price scissors” test | Regulatory agencyfor communications of BiH | Decemberin 2018 | |
| 3.5. Accounting separation and cost accounting | ||||
| 3.5.1. | Adoption of the Methodology of accounting separation and cost accounting | Regulatory agencyfor communications of BiH | Decemberin 2017 | |
| 4. UNIVERSAL SERVICES AND USER PROTECTION | ||||
| 4.1. Universal services | ||||
| 4.1.1. | Decision making on the scope of universal telecommunication services in Bosnia and Herzegovina | Council of Ministers of Bosnia and HerzegovinaRegulatory agencyfor communications of BiH | Junein 2017 | |
| 4.2. User protection | ||||
| 4.2.1. | Establishment of a system for measuring the quality of services | Regulatory Agency for Communications of Bosnia and Herzegovina | Decemberin 2017 | |
| 4.2.2. | Passing special measures to ensure access to EC services for people with disabilities | Regulatory agencyfor communications of BiHMinistry of Communicationsand traffic of BiH | Decemberin 2017 | |
| 4.2.3. | Adoption of regulations related to a clearer definition of the resolution of user complaints, as well as ensuring transparent and economical out-of-court procedures for the resolution of disputes between end users of services and telecom operators | Regulatory agencyfor communications of BiH | Decemberin 2017 | |
| 5. LEGAL AND REGULATORY COORDINATION | ||||
| 5.1. | Adoption of the Law on Electronic Communications | Council of Ministers of Bosnia and HerzegovinaMinistry of Communicationsand traffic of BiH | September 2017 | |
| 5.2. | Adoption of by-laws adopted by the Council of Ministers | Council of Ministers of Bosnia and HerzegovinaMinistry of Communicationsand traffic of BiHRegulatory agencyfor communications of BiHMinistry of Security of Bosnia and Herzegovina | martin 2019 | |
| 5.3. | Adoption of by-laws adopted by the Ministry of Communications and Transport of Bosnia and Herzegovina | Ministry of Communicationsand traffic of BiH | Septemberin 2018 | |
| 5.4. | Adoption of by-laws adopted by the Agency | Regulatory agencyfor communications of BiH | continuously | |
| 6. STANDARDIZATION AND LICENSING OF EQUIPMENT AND DEVICES | ||||
| — | — | — | — | — |
| 7. PUBLIC AND PRIVATE SECTOR PARTNERSHIP | ||||
| 7.1. | Initiation of the procedure for drafting a document that will more precisely define the partnership between the public and private sectors | Ministry of Communicationsand traffic of BiH | Decemberin 2018 | |
| 8. HARMONIZATION AND CONNECTIONS WITH THE ENVIRONMENT | ||||
| 8.1. Harmonization of the institutional framework | ||||
| — | — | — | — | — |
| 8.2. Participation in international processes | ||||
| 8.2.1. | Participation in international processes | Ministry of Communicationsand traffic of BiHRegulatory agencyfor communications of BiH | continuously | |
| 8.3. Harmonization of sectoral policies | ||||
| — | — | — | — | — |
| 9. POLICY IMPLEMENTATION | ||||
| 9.1. Policy implementation officers | ||||
| — | — | — | — | — |
| 9.2. Monitoring the implementation of the Policy | ||||
| 9.2.1. | Submission of the Report on the implementation of the Policy | Ministry of Communicationsand traffic of BiH | continuously | |
| 9.3. Scientific professional gatherings | ||||
| 9.3.1. | Organizing scientific and professional gatherings | Regulatory agencyfor communications of BiH | continuously | |