Use of radio frequencies
Natural persons and legal entities may use radio frequencies only based on a decision on authorization of use of radio frequencies issued by the Agency.
Authorization for the use of radio frequencies is issued based on a tender procedure only in cases of radio frequencies for the provision of broadcasting activities or when it is established that efficient use of assigned radio frequencies may only be obtained by limiting the number of Authorizations.
The Agency shall issue an authorization for frequencies based on the request for issuance of the authorization for the use of radio frequencies.
The Agency shall issue an authorization for the use of radio frequencies within 45 days from the day of submission of the request, except in cases of assignment of radio frequencies through tender procedure where this period must not be longer than 8 months upon submitting the request and/or not longer than 6 months upon submitting the initiative by regulatory body in charge of program content.
The authorization for the use of radio-frequencies that shall contain, inter alia, the following information:
- purpose of the service or the type of network or technology for which the rights are granted for the use of radio frequencies, including, where applicable, exclusive use of radio frequencies for transmission and broadcasting of specified content or specified audio visual service;
- measure to ensure efficient use of radio frequencies, including the requirements related to coverage or the signal strength, where necessary;
- technical and operational requirements for avoiding harmful interferences and restrictions on exposing the population to electromagnetic radiation;
- the period of time for which the right to the use of radio frequencies are granted;
- the transfer of the right to use radio frequencies and the conditions for such transfer;
- payment of fee;
- additional obligations that the bidder accepted or made itself obliged in the tender procedure;
- commitments related to international regulations related to radio frequencies applicable in Montenegro.
The applicant for the authorization for the use of radio frequencies shall pay a one-offfee to the Agency proportionate to the real expenses of processing of the request. The amount of the fee shall be determined by the decision of the Agency Council.
The holder of the radio frequencies Authorization shall also pay to the Agency an annual regulatory fee for the usage of radio frequencies, which shall be used solely for covering the expenses of supervision and management of radio frequency spectrum.
The Ministry shall stipulate a methodology and procedure of calculating this fee shown by means of tariff points and the Agency, based upon an estimation of total annual regulatory expenses, shall initialize monetary value of a tariff point to be used in calculating the tariff, which shall be entered in financial plan for next calendar year and fee level shall be defined by the Government by adoption of the Agency’s financial plan.
The holder of the authorization for the use of radio frequencies shall also be obliged to pay to the Agency the annual regulatory fee for the use of radio frequencies intended exclusively for covering the cost of RF supervision and management. The Ministry shall prescribe the methodology and the manner of calculating of the amount of fee which is expressed in points, and the Agency, on the basis of estimates of overall annual regulatory cost, shall initiate the money value of the point, thus reaching the amount of fees which will be entered into the Financial Plan for the following calendar year. The amount of fee shall be determined by the Government by adopting the Agency’s Financial Plan.
The holders of radio frequency authorizations shall pay a fee to the Budget of Montenegro according to a price list determined by the Government at the proposal of the Ministry, which is intended for the recovery of expenses of administering of radio frequency spectrum. This fee shall not exceed 10% of the annual fee paid to the Agency.