Telecommunications (Technical Dialogue Agreement)

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Country/entity: Kosovo
Serbia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Telecommunications (Technical Dialogue Agreement)
Date: 8 Sep 2013
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Kosovo-Serbia Normalisation Process
Parties: Agreement unsigned, parties believed to be the Kosovo delegation, led by Prime Minister Hashim Thaci and the Serbian delegation led by Prime Minister Ivica Dacic.
Third parties: Agreement unsigned, meeting was chaired by the EU facilitator, Catherine Ashton.
Description: Short agreement in which parties agree that Kosovo will be allocated a 3 digit dial code, and registration and regulation modalities. The two sides agreed that a mutually accepted modality will be found regarding this process within three months, with EU facilitation as necessary.

Agreement document: KV_130908_Telecommunications (Technical Dialogue Agreement).pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Summary: The agreement in its entirety provides for the process to allocate Kosovo a 3 digit dial code, and registration and regulation modalities.

Page 1, 1. In the context of the EU-facilitated dialogue, both sides agree that Kosovo shall be allocated a 3 digit dial code from the ITU in line with the standards and principles and timetable of the ITU. The two sides agreed that a mutually accepted modality will be found regarding this process within three months, with EU facilitation as necessary. The aim is that the migration period relating to the dial code should end by January 2015. After this date, this dial code from the ITU will be used by all operators in Kosovo. Operators from both parties will reduce costs to local charges for citizens.

Page 1, 2. Regulators in both sides will agree technical agreements to harmonize the use of spectrum for GSM and television signal, including digital terrestrial broadcasting with the aim of ensuring mutually uninterrupted provision of services based on the principles of ITU and avoiding harmful interference between the mobile operators of both sides with a view to reducing costs to citizens. They will also enter into a harmonization process for digital frequencies.

Page 1, 3. On fixed telephony a full license for fixed telecommunications services will be issued to a NewCo, subsidiary of a Serbian company registered in accordance with the Kosovar regulatory framework.

Page 1, 4. On mobile telephony the Kosovo authorities will permit the new company a temporary authorization, under Kosovo regulatory framework for current operations limited to the current infrastructure on the ground. This temporary authorization will not expire before January 2015. The temporary authorization will expire once the Kosovo authorities issue a new full, unrestricted, mobile telephone license as a result of a tender/auction. The tender will be organized in line with EU Standards.

Page 1, 5. Although Postal services were not part of these discussions both sides agree to discuss them at a later stage.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 1, 3. On fixed telephony a full license for fixed telecommunications services will be issued to a NewCo, subsidiary of a Serbian company registered in accordance with the Kosovar regulatory framework.

Page 1, 4. On mobile telephony the Kosovo authorities will permit the new company a temporary authorization, under Kosovo regulatory framework for current operations limited to the current infrastructure on the ground. This temporary authorization will not expire before January 2015. The temporary authorization will expire once the Kosovo authorities issue a new full, unrestricted, mobile telephone license as a result of a tender/auction. The tender will be organized in line with EU Standards.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Government of the Republic of Serbia, Negotiation process with Pristina
http://www.kim.gov.rs/eng/pregovaracki-proces.php

Telecommunications

1. In the context of the EU-facilitated dialogue, both sides agree that Kosovo shall be allocated a 3 digit dial code from the ITU in line with the standards and principles and timetable of the ITU.

The two sides agreed that a mutually accepted modality will be found regarding this process within three months, with EU facilitation as necessary.

The aim is that the migration period relating to the dial code should end by January 2015.

After this date, this dial code from the ITU will be used by all operators in Kosovo.

Operators from both parties will reduce costs to local charges for citizens.

2. Regulators in both sides will agree technical agreements to harmonize the use of spectrum for GSM and television signal, including digital terrestrial broadcasting with the aim of ensuring mutually uninterrupted provision of services based on the principles of ITU and avoiding harmful interference between the mobile operators of both sides with a view to reducing costs to citizens.

They will also enter into a harmonization process for digital frequencies.

3. On fixed telephony a full license for fixed telecommunications services will be issued to a NewCo, subsidiary of a Serbian company registered in accordance with the Kosovar regulatory framework.

4. On mobile telephony the Kosovo authorities will permit the new company a temporary authorization, under Kosovo regulatory framework for current operations limited to the current infrastructure on the ground.

This temporary authorization will not expire before January 2015.

The temporary authorization will expire once the Kosovo authorities issue a new full, unrestricted, mobile telephone license as a result of a tender/auction.

The tender will be organized in line with EU Standards.

5. Although Postal services were not part of these discussions both sides agree to discuss them at a later stage.

6. An implementation group will be formed with EU facilitation as necessary in order to draft a full Action plan for the implementation of the Agreement.

Once the above arrangements have entered into force, the implementation group may discuss, at the request of either side, any other issues relating to these arrangements.

The full implementation process will commence upon receipt of written acceptance of Action plan.