Statute
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Pursuant to Article 7, paragraph 7 and Article 9 paragraph 3 of the Law
on Electronic Communications and Postal Services (“Official Gazette of
Montenegro”, No.50/08) and Article 69 of the Law on Postal Services
(“Official Gazette of Montenegro”, No.46/05), the Council of the Agency for
Electronic Communications and Postal Services, at its session held on 27
February 2009, adopts the following
S T A T U T E
I GENERAL PROVISIONS
Content of the Statute
Article 1
This Statute regulates in more detail the internal organization,
competencies and the scope of operations of the bodies and specialized
services of the Agency for Electronic Communications and Postal Services
(hereinafter called „the Agency); the adoption of general acts and other
issues vital for the Agency’s operations stipulated by the Law on Electronic
Communications and the laws regulating the field of postal affairs.
Independence of the Agency
Article 2
The Agency is a regulatory authority with responsibilities stipulated by the
Law on Electronic Communications and the Law on Postal Services.
The Agency is functionally independent of legal and physical entities that
provide electronic communications networks, equipment or services, and of
the entities providing postal services.
Name and Head Office
Article 3
The Agency performs its operations under the name of the Agency for
Electronic Communications and Postal Services.
The head office of the Agency is in Podgorica.
The abbreviated name of the Agency is EKIP.
The Agency is entered in the Central registry of the Commercial Court of
Podgorica.
Transparency of operation
Article 4
The Agency’s operation is public.
Public authorities
Article 5
The Agency is a legal entity which exercises public authorities in
compliance with the Law.
Importance of the Statute
Article 6
This Statute is the basic general act of the Agency.
Compliance of Other Acts with the Statute
Article 7
All other acts of the Agency shall be in compliance with this Statute.
Stamp and Seal
Article 8
The Agency has a stamp and a seal, which contain the name and seat of the
Agency and other elements in conformity with regulations.
The Agency’s stamp is round in shape. It contains the coat of arms of
Montenegro, the name “Montenegro” and the name and seat of the company:
Agency for Electronic Communications and Postal Services – Podgorica. The
stamp is 30 mm in diameter. The wording of the stamp is written in
concentric circles around the coat of arms of Montenegro.
The seal of the Agency is rectangular in shape. It contains the name
“Montenegro” and the name and seat of the company: Agency for Electronic
Communications and Postal Services – Podgorica. The name and seat of the
Agency are written horizontally, and vacant space is left for writing the
number of the act and the date when it is entered. The dimensions of the
seal are 23x59mm.
The manner of use, keeping and destruction of the stamp and seal shall be
determined by a separate decision of the Agency Council.
Logo
Article 9
The Agency has its logo whose visual image is determined by the Agency
Council.
II INTERNAL ORGANIZATION
Organizational units
Article 10
The Agency shall be organized in such a way to ensure the addressing of
legal, economic, technical-technological and administrative matters in the
field of electronic communications and postal services.
The activities in the Agency are organized within organizational units, in
the following way:
- organizational unit for legal matters;
- organizational unit for economic matters;
- organizational unit for technical-technological matters.
Organizational units referred to in paragraph 2 hereof are structured in
such a way to enable dealing with legal, economic and
technical-technological aspects of electronic communications,
radio-frequency spectrum and postal services.
Common Services
Article 11
Common services are also organized in the Agency for the purpose of carrying
out administrative, accounting, translation and database-related tasks for
all organizational units referred to in Article 10 of this Statute.
III COMPETENCIES OF THE AGENCY
Competencies of the Agency
Article 12
According to Article 8 of the Law on Electronic Communications, the Agency
shall:
1) prepare inputs for the development of regulatory acts adopted by the
relevant Ministry for electronic communications and postal affairs
(hereinafter called “the Ministry”);
2) adopt procedures and rules for the implementation of the Law and bylaws.
3) prepare inputs for the development of regulation adopted by the Ministry;
4) prepare inputs for the development of Radio Frequencies Allocation Plan,
which is adopted by the Government, and controls the implementation thereof.
5) adopt Addressing Plans and Numbering Plans, and control their
implementation;
6) adopt Radio Frequencies Allotment Plan and control the implementation
thereof;
7) perform permanent monitoring of radio frequency spectrum;
8) conduct coordination of the use of radio frequencies with the
administrations of neighboring countries;
9) encourage rational use of electronic communications infrastructure;
10) resolve questions and disputes, review initiatives and adopt procedures
and rules from the interest protection and users right domain;
11) conduct public tender procedures and assign limited resources (radio
frequencies, numbering and addresses) on non-discriminatory basis, to
electronic communications network operators and electronic communications
service providers;
12) issue authorizations for frequencies, numbering and addresses;
13) keep registries;
14) with prior consent from the Government, determine the amount of fees
paid to the Agency by electronic communications network operators and
service providers, based on actual expenses of the Agency and established
criteria prescribed by the Ministry;
15) resolve disputes arising among entities in the market of electronic
communications, by cooperating with institutions competent for the
protection of competition and for user protection;
16) conduct the procedure for designation of the operator of Universal
Service prescribed by the Law, monitor the development of the Universal
Service, administer and manage the collection of fees from other operators
on the basis thereof;
17) maintain and regularly update electronic database on electronic
communications sector, providing access to any information not having
regulatory restrictions with regard to secrecy and confidentiality;
18) supervise the market, designate the operators with significant market
power (SMP) and take preventive measures to prevent negative affects of
operators’ significant market power;
19) supervise the activities of operators in electronic communications
sector, in terms of compliance with the Law, bylaws and applicable technical
regulations and standards;
20) supervise the fulfillment of obligations imposed on operators of
electronic communications networks and/or electronic communications
services, in a state of emergency;
21) develop cooperation with regulatory bodies of other countries, and
within its competences, and with prior consent of the Ministry, perform
other types of activities in international organizations in the field of
electronic communications;
22) conduct the survey of the market and public opinion and open
consultation procedures, providing the possibility to all interested parties
to make comments and remarks on initiatives, measures, decisions and
enactments that it prepares, proposes or adopts;
23) organize professional counseling sessions on particular issues from the
field of electronic communications;
24) prepare the program of activities and financial plan for the following
calendar year and submits it to the Government for approval;
25) prepare and submit to the Government the Annual Report with basic
indicators of the dynamics of development of electronic communications
market for the previous year, including the financial report;
According to Article 62 of the Law on Postal Services, the Agency shall:
1. issue and revoke the licences and decisions for carrying out postal
services;
2. monitor the prices in terms of their fairness and affordability, and take
measures for preventing any irregularity related to prices;
3. give approval on the conditions and prices of the access to the network
of the universal service postal operator;
4. give approval on special requirements for carrying out postal services;
5. monitor the development of postal services;
6. keep the registries of postal operators,
7. perform other duties in accordance with the Law on Postal Services.
8. supervise the implementation of the Law on the Prevention of Money
Laundering and Terrorist Financing (“Official Gazette of Montenegro”,
No.04/08) and the regulations adopted thereupon in relation with postal
operators.
In addition to the activities referred to in paragraphs 1 and 2 hereof, the
Agency shall also:
1. supervise the implementation of the Law on Electronic Communications in
relation with the operators registered for carrying out electronic
communications;
2. carry out other tasks in compliance with the Law on Electronic
Communications and the law on Postal Services.
The Agency shall perform regulatory and other activities referred to in
paragraphs 1, 2 and 3 hereof as public authorities.
IV COMPETENCIES OF THE AGENCY’ BODIES
Bodies of the Agency
Article 13
The bodies of the Agency are: the Council of the Agency and the Executive
Director of the Agency.
Council of the Agency
Article 14
The Council of the Agency has the President, who is engaged as professional
employee of the Agency, and four members of the Council who could be part
time or professionally engaged employees of the Agency. President of the
Council organizes the sessions and presides over the activities of the
Council. In his absence, a member of the Council authorized by the Council
on the first session shall replace him. Regular sessions shall be held at
least once a month, and others as per need. Council shall be responsible to
the Government.
According to Article 9, paragraph 3 of the Law on Electronic Communications,
the Agency Council shall carry out the following activities:
1. adopt the Statute of the Agency;
2. adopt the procedures, rules and decisions that are based on regulatory
rules (on significant market power, tariffs, collocation, interconnection,
universal service and fees based thereon; on the procedures for public
tenders, disputes among the market entities, etc.);
3. adopt the Work Program and Financial Plan of the Agency, and supervise
their implementation;
4. adopt annual financial statements of the Agency and submit to the
Government the annual report, including the financial report;
5. adopt the Radio Frequency Allotment Plan;
6. adopt the Addressing Plans and the Numbering Plans;
In addition to the activities referred to in paragraph 2 hereof, the Agency
Council shall also:
1. adopt the Rules of Procedure for the Council work;
2. issue and revokes the licences and decisions for carrying out postal
services, gives approval on the requirements and fees for access to the
network of the universal service postal operator, and gives approval on
special requirements for carrying out postal services;
3. give approval on the Agency’s annual operational plan;
4. take decisions in relation with the management of revenues and
expenditures in compliance with the Agency’s Financial Plan and Work
Program;
5. give approval to the Executive Director to administer the Agency’
financial resources exceeding 5,000 Euros;
6. prepare inputs for the regulations adopted by the relevant Ministry for
electronic communications and postal affairs;
7. adopt other general acts of the Agency;
8. issue and revoke licences and decisions for carrying out postal services;
9. monitor the prices in terms of their equality and affordability, and take
measures for the prevention of any irregularities related to prices;
10. give approval on the requirements and fees for the access to the network
of the universal postal service operator;
11. give approval on special requirements for carrying out postal services;
12. monitor the development of postal services;
13. carry out other activities in compliance with the Law on Electronic
Communications, the Law on Postal Services and this Statute.
The annual operational plan referred to in paragraph 2, point 3 hereof shall
work out in more detail the obligations specified in the Agency’s Work
Program in terms of indicating the staff assigned with particular tasks from
the Work Program, setting deadlines and determining whether it is necessary
to conduct public consultation procedures for particular issues.
The Possibility of Publishing Expert and Research Papers
Article 15
The Members of the Council have a right to publish expert and research
papers and to take part in the work of professional gatherings and
scientific events.
Acting in Good Faith, with Due Care, Competence and Diligence
Article 16
In performing their duties prescribed by the Law on Electronic
Communications, the Law on Postal Services and this Statute, the Members of
the Council are obliged to act with due care, in good faith and in
accordance with the rules of their profession.
Summoning the Sessions
Article 17
The President of the Council shall summon the Council sessions upon his own
initiative, at the request of a Member of the Council or the Executive
Director of the Agency.
The present majority
Article 18
The Council of the Agency shall take valid decisions if the majority of the
total number of its members attends the session.
Taking Valid Decisions by the Council
Article 19
The Council shall take valid decisions by the majority of the total number
of members.
Presence of the Executive Director and Drafter of the Documents to the
Council Sessions
Article 20
The Executive Director and those employees of the Agency who are drafters of
the documents reviewed at the Council sessions shall attend the Council
sessions, with no right of decision making.
Notification of the Grounds for Dismissal
Article 21
The Council of the Agency shall notify the Government of Montenegro of the
grounds for a dismissal of the member of the Council before the expiration
of his term of office for which he was appointed.
Duties of the President of the Council
Article 22
The President of the Agency’s Council shall in particular perform the
following activities:
1. preside over the sessions of the Agency’s Council;
2. sign decisions and other acts of the Agency’s Council;
3.propose measures for the improvement of the work of the Agency’s Council;
4.carry out other tasks stipulated by the Law on Electronic Communications,
the Law on Postal Services and the Council’s decisions.
Executive Director of the Agency
Article 23
The Executive Director of the Agency shall represent and act on behalf of
the Agency, and be responsible for lawful performance of activities by the
Agency, and organize and manage business operations of specialized services
of the Agency.
Responsibility of the Executive Director to the Council
Article 24
The Executive Director shall be responsible to the Council of the Agency.
Term of Office of the Executive Director
Article 25
The Executive Director shall be appointed by the Council, for a term of
office of four years.
Recruitment Commission
Article 26
The public recruitment procedure for the selection of the Executive Council
shall be conducted by a Commission appointed by the President of the Agency
Council.
Suitable Application of the Provisions Also Referring to the Council
Article 27
The provisions of Article 15 of the Statute shall also apply to the
Executive Director of the Agency.
Duties of the Executive Director
Article 28
According to Article 9, paragraph 4 of the Law on Electronic Communications,
the Executive Director of the Agency shall:
1. represent and act on behalf of the Agency;
2. organize the work and manage the operations of the specialized services
of the Agency;
3. be responsible for the lawful work of the Agency;
4. be responsible to the Agency Council for his work.
In addition to tasks referred to in paragraph 1 hereof, the Executive
Director of the Agency shall:
1.take care of the executions of the Agency Council’s decisions;
2. propose to the Council the Agency’s work program along with the financial
plan, and take care of their execution;
3. submit to the Council for approval the annual Operational Plan;
4. propose to the Council the annual report on the Agency’s operation and
financial calculation for the previous year;
5. propose to the Council general acts of the Agency and take care of the
preparation of the acts and other documents subject to decision-making by
the Agency Council;
6. propose to the Council inputs for the regulations adopted by the relevant
Ministry for electronic communications activities and postal services;
7. propose to the Council the acts from Article 14, paragraph 2, points 2
and 3 of the Statute and other acts which are passed by the Agency according
to the Law on Electronic Communications and the Law on Postal Services;
8. propose to the Council the Radio Frequency Allotment Plan;
9. propose to the Council the Addressing Plan;
10. propose to the Council the Numbering Plan;
11. conclude the employment contracts with employees and decide on the
rights of employees in compliance with the law;
12. conclude investment agreements and monitor their implementation in
accordance with the Agency’s financial plan and work program, and on the
basis of the Council’s decisions;
13. be the authority for financial and office supply transactions of the
Agency;
14. decide on allocation and utilization of financial resources of the
Agency up to 5,000 Euros; for administering financial resources where
individual items exceed 5,000 Euros the Executive Director shall need a
prior consent of the Council;
15. submit to the Agency Council monthly reports on the Agency’s income and
expenses, and at the request of the Council, ensures the availability of
necessary documents;
16. perform other tasks in compliance with the Law on Electronic
Communications, Law on Postal Services, this Statute and the decisions of
the Council.
If the Executive Director finds that a decision or another act of the Agency
Council is contrary to the law, he is obliged to warn the Council about it.
If the Council after the warning of the Executive Director of the Agency
takes the decision or other document contrary to the law, the Executive
Director may temporarily suspend the execution of the decision or the act,
provided that he will be bound to advise the Ministry thereabout in the
period of 10 days from the date of the suspension.
The suspension referred to in paragraph 3 of this Article can last for 20
days at the latest.
Repeated Recruitment Procedure
Article 29
If no candidate applies for the post of the Executive Director or none of
the applied candidates is selected, the recruitment procedure shall be
repeated.
Until the appointment of the Executive Director of the Agency following the
repeated recruitment procedure, the Council shall appoint the acting
Executive Director.
Expert Advisory Bodies
Article 30
The Agency may form expert advisory bodies, working groups consisting of the
Agency staff members and external staff, and engage expert consultants to
review the issues from the scope of the Agency’s competencies, and to
provide professional assistance in the Agency’s operations.
V SOURCES OF FINANCING, FINANCIAL PLAN AND ACCOUNTING
Sources of Financing
Article 31
The Agency’s sources of financing in the field of electronic communications
are:
1. Registration fees;
2. Fees for performing activities related to regulation and supervision of
the market;
3. Fees for authorizations for the use radio frequencies, numbering and
addresses;
4. Fees defined in the Laws regulating the fields that fall within the
competencies of the Agency.
The Agency’s sources of financing in the field of postal services are:
1. one-off and annual licence fees;
2. one-off and annual fees for the decisions on the fulfillment of the
requirements for carrying out postal services.
The proceeds from the fees referred to in paragraph 2 hereof shall be paid
to a separate account of the Agency (compensation fund).
Annual Financial Plan of the Agency
Article 32
Annual financial plan of the Agency shall contain the projection of the
total revenues and expenditures, including reserves for unforeseen expenses,
separated into categories according to the fields of regulation and
supervision of the market, the use of resources of radio frequency spectrum,
numbering, addresses and postal affairs.
The Agency shall submit its financial plan along with the Work Program for
the following calendar year, to the Government no later than 1st November of
the current year. The Financial Plan and the Work Program of the Agency
shall be submitted to the Parliament for adoption as a separate part of the
Budget of Montenegro no later than 1st December of the current year.
The Financial Plan along with the Work Program shall be published in the way
determined by the Statute of the Agency.
Compensation Fund
Article 33
The proceeds from Article 31, paragraph 2 of the Statute shall be used for:
1. financing of the Agency as the regulatory authority for postal affairs;
2. covering of losses that the universal postal service operator may incur
when providing universal postal service.
Operating cost of the Agency as a regulatory authority for postal affairs
consists of the labour cost of those employees assigned with the tasks
related to postal affairs, determined on the basis of the accounting
evidence, and of associated proportionate part of the labour cost of common
services and other cost. The proportionate part of labour cost of common
services and other cost are determined as a ratio of employees assigned with
postal affairs and employees assigned with the electronic communications
activities.
Operating costs of the Agency as a regulatory authority for postal affairs
are compensated from the compensation fund and the amount for these purposes
cannot exceed 70% of the total revenues of the Agency generated from the
regulation of postal services.
The remaining portion shall be used for covering of the loss that universal
postal service operator may incur when providing universal postal service.
Property Accountability
Article 34
The Agency shall be accountable for its obligations by its whole property.
Gyro Account
Article 35
The financial resources of the Agency are kept at the gyro account of the
Agency, in compliance with the regulations on payment operations.
Keeping Business Books
Article 36
The Agency shall keep business books in accordance with the relevant
regulations for that field and submit the financial report in compliance
with the Law on Electronic Communications and the Law on Postal Services.
VI ACTIVITIES REPORT, REGISTRIES AND DATABASE
Activities Report of the Agency
Article 37
The Agency shall prepare the Report of Activities and Financial Report for
the previous year until the end of the second quarter.
These reports referred to in paragraph 1 hereof shall be adopted by the
Council of the Agency with the prior consent of the Government.
The Activities Report shall contain the information on:
1. dynamics of development of competition in the market of electronic
communications and application of tariff policy principles;
2. degree of universal service development, with an evaluation of user
satisfaction with this service;
3. assigned limited resources (radio frequencies, numbering and addresses),
with an evaluation of the efficiency of their utilization;
4. degree of development of electronic communications sector in Montenegro
for the current year, with an overview of the scope, type and quality of
services provided by operators and providers to end-users;
5. planned and executed Agency’s tasks for the current year.
Financial Report contains financial indicators of the Agency’s operation.
Audit of the Financial Report shall be performed by independent auditors.
The Activities Report, Financial Report and Auditor’s Report shall be
published on the Agency’s website.
Agency’s Registries
Article 38
The Agency shall keep a registry of operators, registry of assigned radio
frequencies, registry of assigned numbering and addresses in accordance with
the regulations prescribed by the relevant Ministry for electronic
communications and postal affairs that regulate the content and manner of
keeping the registries.
Information in the Agency's registries is stored for another 5 years after
the completion of functioning of the operator which provides public
communications services, or provides public communications networks or
functional communications networks.
Database
Article 39
The Agency shall keep and regularly update the database on the authorization
holders for electronic communications and postal affairs in accordance with
the law, with all the elements that such a database should contain.
The Agency shall keep and regularly update the database on radio frequency
spectrum, in accordance with the Law on Electronic Communications.
The way in which the information from the database is used shall be
regulated by a separate act.
VII TRANSPARENCY OF THE AGENCY’S OPERATION
Publishing Acts and Data
Article 40
The Agency will publish the following acts and data on its website:
1. Statute and other general acts that the Agency adopts;
2. decisions and other administrative acts of the Agency;
3. public invitations and invitations to public discussions;
4. expert opinions and explanations regarding the implementation of the Law
on Electronic Communications and the Law on Postal Services;
5. statistical and other indicators of the development of electronic
telecommunications market and postal market;
6. Annual Report and Financial Plan of the Agency along with the Work
Program;
7. decision of the Government of Montenegro on the appointment of the
Council members;
8. information about the President and Council Members, Executive Director
and other staff members of the Agency;
9. notification of the investors prior to initiating construction of a road,
which shall contain the beginning and end dates of construction works, and
the route of the road;
10. decisions related to the obligation of price monitoring and operators’
cost accounting in relation with that issue;
11. Radio Frequency Allotment Plan;
12. decisions following the completed tender procedures for the assignment
of radio frequencies;
13. data on the assigned numbering from the Numbering Plan and addresses
from the Addressing Plan.
The Agency shall publish in the Official Gazette of Montenegro the following
documents:
1. regulatory acts of the Agency;
2. Radio Frequency Allotment Plan;
3. decisions following the completed tender procedures.
Publishing of Decisions of the Ministry and Courts
Article 41
The decisions of the Ministry taken upon the appeals on the Agency’s
decisions, or in the procedure of administrative supervision over the
Agency, as well as the court decisions regarding the competencies of the
Agency shall be published on the Agency’s website or in another way, as
appropriate.
Collaboration with Media
Article 42
The publicity of the Agency’s work is also ensured through collaboration
with media and notification to other bodies and institutions of the Agency’s
work and operation.
Public Consultations
Article 43
Prior to the adoption of general acts or in preparation of inputs for
general acts adopted by the relevant Ministry for electronic communications
and postal affairs, the Agency may organize public consultation processes in
accordance with a separate act determining the procedures for public
consultation processes.
VIII SECRECY OF DATA
Keeping the Secrecy of Data
Article 44
The President and members of the Agency’s Council, the Executive Director of
the Agency and the employees from specialized services of the Agency, as
well as other legal and physical entities that the Agency has assigned with
performing specified duties, are obliged to keep the secrecy of the data
classified as confidential by an act of the relevant body, or a business
secret, regardless of how such information has become known to them, during
and after the cease of the function or employment, as long as the data is
under the secrecy regime or until they are released from the obligation by a
decision of the body or the data possessor.
The data or business secret referred to in paragraph 1 hereof is the
following:
1. any information classified as business secret in compliance with a
special law or other regulations;
2. any information classified as business secret in accordance with a
general act or other act of the data possessor;
3. any information classified as business secret in accordance with a
general act of the Agency.
As an exception to the provisions referred to in paragraph 2 hereof, data or
acts which are in any way publicly available or are published under special
regulations or decisions of the data possessor shall not be considered
business secret.
IX PROTECTION AT WORK
Protection at Work
Article 45
Protection at work and the protection of people and property are to be
ensured in the Agency, in accordance with the law regulating the protection
at work.
X TRANSITIONAL AND FINAL PROVISIONS
Modification of the Statute
Article 46
This Statute can be modified in the manner and under the procedure
determined for its adoption.
Interpretation of the Statute
Article 47
In case of any inconsistencies in the implementation of the provisions laid
down by the Statute, the Council of the Agency shall be responsible for its
interpretation.
Termination of the Previous Statute
Article 48
The Statute of the Agency for Telecommunications and Postal Services,
No.01-71/4 from 24.04.2006 shall cease to be valid on the day of the entry
of this Statute into force.
Publication of the Statute
Article 49
This Statute shall be published on the notice board and on the website of
the Agency with prior consent of the Government of Montenegro.
Entering into Force
Article 50
This Statute enters into force on the eight day from the date of its placing
on the Agency’s website.
No.: 01-3637/2
Podgorica, 27.02.2009
Council of the Agency for Electronic Communications and Postal Services
Dr Šaleta Đurović
President
