Telecoms Action Plan

Export agreement:

Export agreement coding (PDF)

Country/entity: Kosovo
Serbia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Telecoms Action Plan
Date: 25 Aug 2015
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Kosovo-Serbia Normalisation Process
Parties: Agreement unsigned, working group members listed:

Working groups: Kosovo
Working Group on Regulator co-operation Mr Ekrem Hoxha from RAEPC (ekrem.hoxha@art-ks.org)
Operators IMr lir Imeri (RAEPC)/ Mehdi Latifaj (PTK)
Postal Services Group: Mr Sejdi Hoxha, Chief Executive Officer from Post of Kosovo (sejdi.hoxha@ptkonline.com)

Working groups: Serbia
Working Group on Regulator co-operation Mr Milan Jankovic from RATEL/Operators Mr Milan Aleksijevic (Telekom Srbija)
Postal Services Group: Mr Vladimir Dimitrijović (Post of Serbia)

Finalized by Serbian Prime Minister Aleksandar Vucic and Kosovo Prime Minister Isa Mustafa.
Third parties: Agreement unsigned, meeting facilitated by European Union High Representative for Foreign Affairs & Security Policy Federica Mogherini
Description: Action plan agreed by parties to implement the Telecommunications (Technical Dialogue Agreement) agreed on 8 September 2013, when parties agreed that Kosovo will be allocated a 3-digit dial code, and other modalities for reforming telecommunications infrastructure.

Agreement document: KV_150825_Joint action plan telecoms.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: Groups→Racial/ethnic/national group→Substantive
Page 3, 2.7. Regulators will sign technical agreement on the harmonisation of the digital and analogue broadcasting spectrum with a view to avoid intentional interference between services and not to cover the border / boundary of the other party intentionally. Comment: Other responsible institutions should be involved. Procedures mentioned above will leave enough bandwidth for multiplex for existing broadcasting for Serbian population.
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: Page 8, Annex 3: denomination of Kosovo in the ITU’s technical annexes
In the technical annexes to the ITU’s bulletins, Kosovo will be referred to as Kosovo * with the footnote “This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence."
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 implementing an earlier agreement that Kosovo will be allocated a 3-digit dial code, and other modalities for reforming telecommunications infrastructure. Key provisions are coded here.

Page 1, 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. Comment: Any request for a possible modification to NewCo mobile infrastructure may be raised under these discussions.

Page 1, 1.0. 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.

Page 1, 1.1. Approach to the ITU with EU facilitation as necessary. Comment: It is agreed that Austria sends the letter to the ITU to initiate this procedure. The text of this letter is in Annex 2 to this Action Plan

Page 1, 1.2. Allocation of 3-digit dial code. Both parties agree Kosovo will have the sole responsibility for implementing this code, after Kosovo is allocated this 3-digit code by the ITU. ITU will communicate with RAEPC as the sole administrator of this code if necessary. Comment: The ITU publishes its bulletins on the 1st and the 15th of the month. The text of the ITU bulletin is in Annex 1 to this Action Plan. The denomination of Kosovo in the ITU’s technical annexes is in Annex 3 to this Action Plan.

Page 2, 1.5. 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. Comment: Will also need to involve NewCo. (see point 3 and 4 below: only operators authorised by RAEPC will be able to operate in Kosovo).

Page 2, 1.7. Operators from both parties will reduce costs to local charges for citizens, in accordance in EU practices. Both sides will ensure that there will be no institutional, legal or procedural obstacles to do so.

Page 2, 2.0. Regulators in both sides will agree technical agreements to harmonise 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 services. Each Party commits not to cover the border/boundary of the other Party intentionally.

Page 3, 3.0. 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 Kosovan regulatory framework. Comment: The current fixed active telecommunications infrastructure should be regularly maintained until the license is granted in 3.4.

Page 3, 4.0. On mobile telephony, the Kosovo authorities will permit the new company a temporary authorisation, under Kosovo regulatory framework, for current operations, limited to the current infrastructure on the ground. This temporary authorisation will not expire before January 2015. The temporary authorisation 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 organised in line with EU Standards. Comment: The current fixed active telecommunications infrastructure of NewCo should be regularly maintained until the license is granted in 4.2.
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 3, 4.0. On mobile telephony, the Kosovo authorities will permit the new company a temporary authorisation, under Kosovo regulatory framework, for current operations, limited to the current infrastructure on the ground. This temporary authorisation will not expire before January 2015. The temporary authorisation 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 organised in line with EU Standards. Comment: The current fixed active telecommunications infrastructure of NewCo should be regularly maintained until the license is granted in 4.2.
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

TELECOMS ACTION PLAN

Tasks:

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.

Responsible:

Core group

Start:

Deadline:

Comment:

Any request for a possible modification to NewCo mobile infrastructure may be raised under these discussions.

6.1

Tasks:

Nomination of contact persons / creation of 3 sub-groups

1. Regulator co-operation

2. Operators

3. Postal services

Responsible:

Core group

Start:

15/01

Deadline:

15/01

Comment:

6.2

Tasks:

Drafting action plan

Responsible:

Core group

Start:

15/01

Deadline:

29/06

Comment:

6.3

Tasks:

Written acceptance of action plan

Responsible:

Core group

Political framework

Start:

Deadline:

1/09

Comment:

1.0

Tasks:

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.

Responsible:

Core group

Start:

15/11

Deadline:

Comment:

1.1

Tasks:

Approach the ITU with EU facilitation as necessary

Responsible:

Core group

Start:

15/11

Deadline:

Comment:

It is agreed that Austria sends the letter to the ITU to initiate this procedure.

The text of this letter is in Annex 2 to this Action Plan

1.2

Tasks:

Allocation of 3-digit dial code

Both parties agree Kosovo will have the sole responsibility for implementing this code, after Kosovo is allocated this 3-digit code by the ITU.

ITU will communicate with RAEPC as the sole administrator of this code if necessary.

Responsible:

Core group

Start:

Deadline:

15/01/2016

Comment:

The ITU publishes its bulletins on the 1st and the 15th of the

month.

The text of the ITU bulletin is in Annex 1 to this Action Plan.

The denomination of Kosovo in the ITU’s technical annexes is in Annex 3 to this Action Plan.

1.5

Tasks:

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.

Responsible:

Core group

Regulator co-operation

Operators

Start:

1/04/2016

Deadline:

1/07/2016

Comment:

Will also need to involve NewCo.

(see point 3 and 4 below:

only operators authorised by RAEPC will be able to operate in Kosovo).

1.6

Tasks:

Migration strategy to be drafted by RAEPC, including new numbering plan under the new dial code.

RAEPC will ensure that there is no overlap between the parties of the fixed and mobile numbering plan.

The migration strategy will emphasise that this dial code will be used by all operators in Kosovo.

Responsible:

RAEPC

Regulator co-operation

Start:

01/01/2016

Deadline:

1/04/2016

Comment:

If any operator requires an additional delay, it may present

a request to RAEPC.

NewCo will be enabled, by means of a technical solution to allow its subscribers not to use

the Serbian international dialling code when calling from Kosovo.

1.7

Tasks:

Operators from both parties will reduce costs to local charges for citizens, in accordance in EU practices.

Both sides will ensure that there will be no institutional, legal or procedural obstacles to do so.

Responsible:

Regulator co-operation

Regulators

Start:

1/10

Deadline:

01/02/2016

Comment:

2.0

Tasks:

Regulators in both sides will agree technical agreements to harmonise 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 services.

Each Party commits not to cover the border/boundary of the other Party intentionally.

Responsible:

Regulator co-operation

Start:

Deadline:

Comment:

2.1

Tasks:

Definition of technical data to be exchanged for point 2.2

Responsible:

Regulator co-operation

Start:

01/09

Deadline:

15/09

Comment:

After this date, data to be exchanged continuously and when needed

2.2

Tasks:

Regulators will sign technical agreements to harmonise the use of radio frequency spectrum for mobile telephony with a view to avoid intentional interference between services and not to cover the border / boundary of the other party intentionally.

Responsible:

Regulator co-operation

Agreements to be approved by core group

Start:

15/09

Deadline:

01/03/2016

Comment:

After this date, data to be exchanged continuously and when needed

2.5

Tasks:

The regulators will also encourage and facilitate the process of interconnection and roaming agreement between the mobile operators of both sides with a view to reducing costs to citizens.

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

Responsible:

Regulator co-operation

Start:

Deadline:

Comment:

2.6

Tasks:

Regulators will encourage their existing fixed operators to enter into interconnection agreements with the fixed operators of the other party.

Regulators will encourage their existing mobile operators to enter into interconnection and roaming agreements with the mobile operators of the other party.

Responsible:

Start:

1/10

Deadline:

1/02/2016

Comment:

These agreements should take account of other regional initiatives which will promote

reducing roaming fees for all of the operators authorised by regulators from both sides.

Also linked with 1.7

2.7

Tasks:

Regulators will sign technical agreement on the harmonisation of the digital and analogue broadcasting spectrum with a view to avoid intentional interference between services and not to cover the border / boundary of the other party intentionally.

Responsible:

Regulator co-operation

Agreements to be approved by the core group

Start:

1/10

Deadline:

01/03/2016

Comment:

Other responsible institutions should be involved.

Procedures mentioned above will leave enough bandwidth for multiplex for existing

broadcasting for Serbian population

3.0

Tasks:

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 Kosovan regulatory framework.

Responsible:

Start:

Deadline:

Comment:

The current fixed active telecommunications infrastructure should be regularly maintained until the license is granted in 3.4

3.1

Tasks:

Definition of NewCo (inventory, services, infrastructure, and network expansion, mode of function of the NewCo before and during the migration period according to point 1.5) and legal establishment

Responsible:

Operator

Draft to be approved by core group

Start:

1/09

Deadline:

01/12

Comment:

3.2

Tasks:

Registration of NewCo in Kosovo, in accordance with the Kosovan legal

framework

Responsible:

Core Group

Start:

13/5

Deadline:

31/08

Comment:

It is agreed that there will be one company, a subsidiary of the Serbian company, that will

apply for both the fixed license and the temporary authorisation for mobile operations.

Deadline to grant the company a business license in accordance with Kosovan legal and regulatory framework.

3.3

Tasks:

Application to RAEPC Regulator for authorisation for fixed telecommunications services

Responsible:

Regulator co-operation

Operators

Start:

15/11

Deadline:

Comment:

Deadline in accordance with Kosovan legal and regulatory framework.

3.4

Tasks:

Issuing authorisation

This authorisation will be delivered to the EU facilitator by 01/01/2016, to enter into force only when handed over to the operator.

The EU facilitator will hand it over to the operator when Kosovo shall be allocated a 3-digit dial code from the ITU.

Responsible:

RAEPC

Start:

Deadline:

15/01/2016

Comment:

Timetable to issue the license application according to Kosovan regulatory framework

3.5

Tasks:

Transfer of fixed assets (as defined in 3.1) and employees to the NewCo

Responsible:

Regulator cooperation

Operators

To be approved by core group

Start:

26/08

Deadline:

15/12

Comment:

The EU will facilitate the transfer of fixed assets to be used by the NewCo.

The assets currently used by the Serbian company (as defined in 3.2) will be transferred to the NewCo.

4.0

Tasks:

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

This temporary authorisation will not expire before

January 2015.

The temporary authorisation 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 organised in line with EU Standards.

Responsible:

Start:

Deadline:

Comment:

The current fixed active telecommunications infrastructure of NewCo should be regularly maintained until the license is granted in 4.2

4.1

Tasks:

Submission of request for temporary authorisation

Responsible:

Regulator co-operation

Operators

Start:

15/11

Deadline:

Comment:

This submission should be made at the same time as the Austrian letter is sent to the ITU – see 1.1

4.2

Tasks:

Issuing temporary authorisation.

This temporary authorisation will be delivered to the EU facilitator, by 01/01/2016 to enter into force only when handed over to the operator.

The EU facilitator will hand it over to the operator when Kosovo shall be allocated a 3-digit dial code from the ITU.

This temporary authorisation will not expire before 01/03/2017

Responsible:

RAEPC

Start:

Deadline:

15/01/2016

Comment:

This authorisation is delivered on the same day as the ITU code is allocated to Kosovo (see point 1.2).

4.3

Tasks:

Negotiation of interconnection agreement between NewCo and other authorised operators.

Responsible:

Regulator co-operation

Operators

Start:

01/10

Deadline:

01/02/2016

Comment:

4.4

Tasks:

Transfer of fixed assets for mobile telephony (as defined in 4.1) to the NewCo

Responsible:

Regulator co-operation

Operators

To be approved by the core group

Start:

26/08

Deadline:

15/12

Comment:

5.0

Tasks:

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

Responsible:

Postal services group

Start:

01/12

Deadline:

Comment:

Working groups:

Kosovo

Working Group on Regulator co-operation Mr Ekrem Hoxha from RAEPC (ekrem.hoxha@art-ks.org)

Operators IMr lir Imeri (RAEPC)/ Mehdi Latifaj (PTK)

Postal Services Group:

Mr Sejdi Hoxha, Chief Executive Officer from Post of Kosovo (sejdi.hoxha@ptkonline.com)

Working groups:

Serbia Working Group on Regulator co-operation Mr Milan Jankovic from RATEL /

Operators Mr Milan Aleksijevic (Telekom Srbija)

Postal Services Group:

Mr Vladimir Dimitrijović (Post of Serbia)

Annex 1:

text of ITU bulletin

With the agreement of the Administration of the Republic of Serbia, the Director of TSB has assigned the following international codes to Kosovo:

E.164 Code (as defined in Recommendation ITU-T E. 164 section 4.1): 383

E.212 Code (as defined in Recommendation ITU-T E. 212 section 3.3): 221

Q.708 signalling area network code (SANC): 7-214

The Activation dates of these codes and the transition from the currently-used codes to these assigned codes will be advised later.

Annex 2:

text of Austrian letter to the ITU

Dear Secretary-General,

In the framework of the EU-facilitated Dialogue between Kosovo and Serbia, I have the honour of requesting, on behalf of Serbia and Kosovo, that the International Telecommunications Union begins the process of allocating a 3 digit dial code to Kosovo.

As part of the aforementioned dialogue, the Prime Ministers of Kosovo and Serbia reached an agreement in September 2013 that Kosovo should be allocated a 3 digit dial code, in line with the standards and principles and timetable of the ITU.

Both sides also agreed that a mutually accepted modality would be found regarding this process, with EU facilitation as necessary.

I would like to inform you that both sides have agreed that this mutually accepted modality be that the Republic of Austria requests this code for Kosovo.

I would be grateful if you could proceed, as quickly as possible, to allocate one of the two unallocated codes (+383 or +384) for use by the Kosovo authorities.

I would also be grateful if you could confirm that the ITU bulletin has been published.

Yours sincerely,

Annex 3:

denomination of Kosovo in the ITU’s technical annexes

In the technical annexes to the ITU’s bulletins, Kosovo will be referred to as Kosovo * with the footnote “This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence."