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Basic users rights Questions and answers
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Questions and answers

Questions

  1. Which law regulates the rights of public communications service users?
  2. What are the basic user rights prescribed by the Law on Electronic Communications?
  3. To whom and within which timeline can a user submit his objection to the amount of issued telephone bill?
  4. Within which time is the operator obliged to reply to the submitted objection?
  5. Does the user have a right to complain about the operator’s decision?
  6. Is the decision on the complaint final?
  7. Does a user have a right to request from the operator to bar outgoing calls from his number to the numbers of non-geographic code (044,045) or to mobile telephony networks?
  8. Does a user have a right to request from the operator to limit his monthly spending?
  9. In which cases can the operator charge a fee from a user for activating the services referred to in questions 7 and 8?
  10. Considering the fact that from the moment of submitting the objection until the time of when a decision is made on the objection (or on a complaint) the deadline within which the user is bound to settle the issued telephone bill may expire, how can the user prevent the operator from disconnecting him from the network?
  11. In which cases, according to the Law, can the operator unilaterally terminate the subscriber contract?

Answers

  1. Which law regulates the rights of public communications service users?
  • Law on Electronic Communications (“Official Gazette of Montenegro”, No.50/2008).

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  1. What are the basic user rights prescribed by the Law on Electronic Communications?
  • The user of public communications services has the following rights:
    1. access to public electronic communications network in the period of 15 days from the day of request submission if it is technically feasible.
    2. usage of public communications services of publicly specified quality, availability and security;
    3. detailed, itemized bill with the price of electronic communications services in the form that allows the check of consumption;
    4. protection of the secrecy of electronic communications, except for the cases prescribed by the Law;
    5. the rights arising from other laws regulating the issues of user protection unless otherwise prescribed by this law.

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  1. To whom and within which timeline can a user submit his objection to the amount of issued telephone bill?
  • The user shall submit to the operator the objection on the access and quality immediately upon identifying such circumstances, and the objection to the bill a user shall submit within eight days from its receipt thereof, in writing.

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  1. Within which time is the operator obliged to reply to the submitted objection?
  • Operator-communications service provider shall decide within 15 days from the receipt of the objection and deliver to the user a relevant written notification.

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  1. Does the user have a right to complain about the operator’s decision?
  • If the operator rejects the objection by the user or does not make a decision within 15 days from the day of the submission of the objection, the user has the right to submit a complaint to the Agency within following 15 days, which shall make the decision within 30 days.

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  1. Is the decision on the complaint final?
  • The user may submit a complaint against the Agency’s decision to the Ministry within 15 days from the receipt of the decision.

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  1. Does a user have a right to request from the operator to bar outgoing calls from his number to the numbers of non-geographic code (044,045) or to mobile telephony networks?
  • An operator, service provider, shall, upon a user’s request, provide free of charge outgoing selective barring to a specific number or group of numbers.

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  1. Does a user have a right to request from the operator to limit his monthly spending?
  • An operator, service provider, shall, upon a user’s request, provide free of charge limitation of spending for accounting period.

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  1. In which cases can the operator charge a fee from a user for activating the services referred to in questions 7 and 8?
  • The service operator may charge a user a one-off fee for activating these services only in case when the user requests these services more than twice during one calendar year.

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  1. Considering the fact that from the moment of submitting the objection until the time of when a decision is made on the objection (or on a complaint) the deadline within which the user is bound to settle the issued telephone bill may expire, how can the user prevent the operator from disconnecting him from the network?
  • By the time when it is decided on an objection, the user is bound to pay the undisputed amount of the bill or the amount corresponding to the average amount of bill in the previous three accounting periods. If a user submits an objection or a complaint related to the amount of a bill or the exercising of particular user rights arising from this Law and the Law regulating the user protection, the operator cannot act in accordance with paragraph 1 of Article 115 of the Law on Electronic Communications (restrict the access to its services, disconnect a the subscriber and cancel the subscriber contract) until the final decision is reached by the Agency, where the user made payment for the undisputed amount of the bill, or the amount corresponding to the average bill for three last undisputed bills.

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  1. In which cases, according to the Law, can the operator unilaterally terminate the subscriber contract?
  • Operators, providers of public communications services, may restrict the access to their services, or may disconnect a subscriber and cancel the subscriber contract if the subscriber did not settle his liabilities or breached other conditions laid down in the Subscriber Contract. If a subscriber did not pay for the undisputed amount of the bill within the given deadline, or continues to breach contractual obligations from Subscriber Contract, or does not act in accordance with the final decision by the Agency, operators may permanently disconnect such a subscriber, or terminate provision of all services. Subscriber Contract shall, from that moment on, be considered unilaterally cancelled, regardless of whether the subscriber's line was disassembled and terminated or the subscriber has only the software blockade of all calls. If a subscriber did not pay for the undisputed part of the bill within the given deadline, or continues to breach contractual obligations from Subscriber Contract, or does not act in accordance with the final decision of the Agency, operators may permanently disconnect such the subscriber, or terminate the provision of all services to him. Subscriber Contract shall, from that moment on, be considered unilaterally cancelled, regardless of whether the subscriber's line was disassembled and terminated or the subscriber has only the software blockade of all calls.

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