No. 54/2024
ON ELECTRONIC COMMUNICATIONS IN THE REPUBLIC OF ALBANIA[1]
In support of Articles 78, 81(1), and 83(1) of the Constitution, on the proposal of the Council of Ministers,
Parliament
of the Republic of Albania
SET:
Chapter I
General Provisions
Purpose, Object, Scope of Application and Definitions
Article 1
The purpose of the law
The purpose of this law is:
a) promoting the development of the market for electronic communications networks and services in the Republic of Albania, based on the deployment and use of very high-speed networks, sustainable competition, the interoperability of electronic communications services, their accessibility, the security of networks and services, as well as the benefits to the end user;
b) ensuring the provision of electronic communications services, available to the public in the Republic of Albania, of quality and at affordable prices, with choices for users in effective competition and that are capable of meeting the needs of end-users, including those with disabilities, by defining the necessary rights of end users in cases where the market does not satisfactorily meet the requirements for accessing services on an equal basis with others.
Neni 2
Subject of the law
The purpose of this law is:
a) the establishment of the regulatory framework for the provision of electronic communications networks and services, their associated facilities and services, and the rules for certain aspects of end-user equipment;
b) the determination of the competencies of the minister, of the Electronic Communications and Postal Authority and, to the extent applicable, of other competent authorities, as well as the procedures for the harmonized implementation of the regulatory framework for electronic communications in the Republic of Albania.
Article 3
Field of application and exclusions
This law applies to electronic communications networks and the services provided through them in the Republic of Albania.
2. This law does not apply to:
a) communications equipment, in particular radio systems and telecommunications end-user devices, built and used exclusively for civil defense, defense, and national security purposes. The use of frequencies in this case as well shall be carried out in accordance with the provisions of this law;
b) the field of audiovisual media activity and its supporting services for radio and television broadcasting, as defined in the law governing the audiovisual media sector in the Republic of Albania, unless otherwise provided for in the applicable legislation;
c) the content of services provided via electronic communications networks and their supporting services.
Article 4
Definitions
In this law, the following terms have these meanings:
1. “Access” means making facilities and/or services available to another undertaking, under the specified conditions, on an exclusive or non-exclusive basis, for the provision of electronic communications services.or services to another undertaking, under specified conditions, on an exclusive or non-exclusive basis, for the provision of electronic communications services, including their use for the delivery of information society services or content-delivery services. Access, among other things, includes access to network elements and associated facilities, which may include the connection of equipment on a fixed or non-fixed basis, in particular, open access to the local network and access to the facilities and services necessary to provide and enable local network-based services; access to the physical infrastructure, including buildings, conduits, and towers; access to systems Software-the respective ones, including operational support systems; access to information systems or databases for advance orders, insurance, ordering, maintenance and repair requests, and billing; access to number translation (number translation) or in systems that offer equivalent functionality; access to fixed or mobile networks, in particular for roaming-un; access to conditional access systems for digital television services and access to virtual network services.
2. “Application of the interface program (API)” means the interface. Software, between applications, made available by broadcasters or television service providers, sources on enhanced digital television devices, and radio services.
3. “The Electronic Communications and Postal Authority (AKEP)” is the regulatory body for the electronic communications and postal sectors, which operates in accordance with this law and the law on postal services.
4. “General authorization” is a general act, consisting of the legal framework established by this law and the rules issued by AKEP for its implementation, to ensure the rights to provide electronic communications networks or services, while also imposing specific obligations that may apply to all or to certain electronic communications networks and/or services, in accordance with this law.
5. “International Telecommunication Union (ITU)” is the United Nations' specialized agency for telecommunications and information and communication technology.
6. “Assignment of frequencies” is the granting of authorization for a frequency channel or frequency under specific conditions.
7. “Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, dissemination, or unauthorized access of personal data transmitted, stored, or otherwise processed in any way for the provision of an electronic communications service available to the public.
8. “Reserve price” means the minimum approved value for opening the public competition for granting the right to use the radio frequency spectrum under this law.
9. “The name of ddomain-it” is an alphanumeric combination, broken into parts, such as: www.address.com, and constitutes an address on a computer network that identifies the user of the address.
10. “Facility” means part of the supporting infrastructure for electronic communications, including the building, parts of a building, or standalone spaces within a building where electronic communications equipment has been installed, as well as structural elements such as cable conduits, poles, antennas, etc.
11. “Ancillary facilities” are those ancillary services, physical infrastructure and other facilities or elements connected to an electronic communications network or an electronic communications service, which enable or support the provision of services through that network or service or have the potential to do so, and which include, among other things, buildings or access to buildings, building cabling, antennas, towers and other supporting structures, conduits, ducts, poles, manholes and cabinets.
12. “Security incident” means any event, action, or omission that has an actual negative effect on the security of electronic communications networks or services.
13. “Cyber security incident” means a cyber security event during which the security of information services, information systems, and communication networks is compromised, resulting in a real negative impact.
14. “Caller's location information” are data processed in a mobile telephone network, generated by the network infrastructure or by the end device, indicating the geographic position of a user's end device, and in a fixed public network, data for the physical address of the network endpoint.
15. “Network integrity” means the operation and ability to respond of interconnected electronic communications networks and the protection of those networks against defects caused by electromagnetic interference or workload.
16. “Interference” is the effect of unwanted energy, caused by one or more combinations of emissions, radiations, or inducements to the receiver of a radio communication system or station, which is accompanied by a deterioration of quality, misinterpretation, or loss of information that would have been received in the absence of the unwanted energy.
17. “Harmful interference” is interference which jeopardizes the functioning of the radio navigation service or other radio communication services, provided for safety purposes or interference that seriously degrades, impedes, or repeatedly interrupts radio communication services operating in accordance with this law and other subordinate regulations.
18. “Interconnection” It is the physical and logical connection of public communication networks, whether operated by the same provider or by different providers, that enables a provider's users to communicate with users of the same provider or of another provider, or to access services offered by another provider. Services may be provided by the parties involved or by other parties that have access to the network. Interconnection is a specific type of access applied between operators of public communication networks.
19. “Communication” means any information exchanged or transmitted between a limited number of parties via electronic communications networks. This does not include information transmitted to the public as part of radio and television broadcasts via electronic communications networks, except where the information concerns a subscriber or user identified to receive that information.
20. “Emergency communication” is communication via interpersonal communication services between an end user and the public safety answering point, for the purpose of requesting and receiving assistance from emergency services.
21. “Consumer” means any person who uses or requests an electronic communications service available to the public for purposes unrelated to commercial activity, business, trade, or the exercise of a profession.
22. “Minister” means the minister responsible for the sector of electronic communications and postal services.
23. “Interface” is the set of characteristics that describe the point of connection between two electronic communications units, such as between two communications networks or between a communications network and a user device. The interface may be physical equipment. hardware or program Software.
24. “Number” is an alphanumeric sequence defined in the numbering plan that serves for addressing in electronic communications networks and services.
25. “Geographic number” is a number from the national numbering plan, where part of its numbering structure carries geographic meaning, used to route calls to the physical location of the network endpoint in a specific geographic region.
26. “Non-geographic numbers” are numbers from the national numbering plan that do not belong to a specific geographic region and include:
a) numbers for access to public mobile communication networks;
b) numbers for accessing value-added services, premium-rate numbers;
c) access numbers for services for which the entire fee for traffic to those services is paid by the service provider, i.e., numbers that are free of charge for users.;
c) access numbers for services for which the charge for traffic to those services is partially paid by the caller and partially by the service provider, i.e., numbers assigned to users under a prearranged cost-sharing arrangement or "blue numbers";
d) numbers for nomadic telephone public service.
27. “Universal International Freephone Numbers (UIFN)” are the worldwide 800 freephone numbers assigned by the International Telecommunication Union.
28. “Emergency service numbers” are the numbers designated in the national numbering plan for emergency services for the police, firefighters, emergency numbers for health services, notification services and those declared, including the European unified emergency call number “112.”.
29. “Provision of an electronic communications network” means the construction, operation, supervision, or making available of such a network.
30. “Public communications service provider” is the operator that provides public communications services by ensuring access to a public communications network operator.
31. “Universal service provider” is the operator that provides the universal services under this law.
32. “Operator” means an undertaking that provides, or is authorized to provide, an electronic communications network or associated facilities.
33. “The Body of European Regulators for Electronic Communications (BEREC)” is the body established by Regulation (EU) 2018/1971 of the European Parliament and of the Council of December 11, 2018, “On the establishment of the Body of European Regulators for Electronic Communications (BEREC) and the BEREC Support Agency (BEREC Office), which amends Regulation (EU) No 2015/2120, and repeals Regulation No 1211/2009.”.
34. “End device” is the device connected directly or indirectly to the endpoint of the public telecommunications network, which serves to transmit, receive, and process information. In any case, the direct or indirect connection may be by wire, optical fiber, or by electromagnetic means. A connection is indirect if the device is located between the terminal point and the network interface.
35. “Enhanced digital television device” means a device intended to be connected to a television receiver or integrated digital televisions and that is capable of receiving interactive digital television services.
36. “User consent” is any element indicating his freely given, informed, and unambiguous will, by means of which the user, through a statement or by a clear affirmative action, expresses agreement to the processing of personal data relating to him for one or more specific purposes.
37. “Assignment of a frequency band” is the designation of a given frequency band in the National Frequency Plan for use by one or more radio communication services, under specific conditions.
38. “User” means any person who uses or seeks to use publicly available electronic communications services.
39. “End user” means a user who does not provide electronic communications networks or services available to the public.
40. “Joint use of the radio spectrum” is the access to use the same frequency spectrum bands by two or more users, pursuant to a specific shared-use agreement, based on general authorization, individual rights to use radio spectrum or a combination of both, including the regulatory framework for shared access to licensed spectrum, which aims to facilitate the shared use of a radio spectrum band, subject to a binding agreement for all parties involved, in accordance with the co-sharing rules included in their radio spectrum use rights, with the aim of ensuring a predictable and reliable shared-use arrangement for all users, while respecting competition law.
41. “Small-range wireless access point” means a low-power, small-footprint wireless network access device that operates within a small range, using licensed or unlicensed radio spectrum, or a combination thereof, and that may be used as part of a public electronic communications network, which may be equipped with one or more low-visual-impact antennas to enable wireless access for users to electronic communications networks, regardless of the topology of the underlying network, whether mobile or fixed.
42. “Network endpoint” is the physical point at which an end user has access to the public electronic communications network. In the case of networks involving switching or routing, the network access point is identified as a specific network address, which may be linked to an end user's number or name.
43. “Public Safety Answering Point (PSAP)” is the physical location where an emergency communication is initially received, under the responsibility of the authority designated in the applicable legislation on civil protection and emergency services.
44. “National Frequency Plan” is the document approved by a decision of the Council of Ministers that defines the frequency bands for various radio communication services and establishes the basic conditions for the allocation and use of frequencies to ensure the efficient use of the frequency spectrum and to avoid interference.
45. “Numbering plan” is the structure of numbers and number series, as well as their allocation to ensure access to public electronic communications networks and services.
46. “Electronic mail” means any message in the form of text, sound, or image, sent via a public communications network, which may be stored on the network or on the recipient's end device until the recipient retrieves it.
47. “Most appropriate public safety answer point” is a PSAP designated in accordance with civil defense law to handle emergency communications from a specific area or emergency communications of a specific type.
48. “Local loop” is the physical network that connects the network's access point to the distribution frame or equivalent equipment in the fixed electronic communications network.
49. The Radio Spectrum Policy Advisory Group (RSPG) is the advisory body on spectrum policy established by the European Commission.
50. “Electronic communications network” means transmission systems, whether or not based on a permanent infrastructure or on centralized management capacities, and, where applicable, switching or routing systems and other resources, including network elements that are not active, which allow the transmission of signals through conductors, radio, optical means or other electromagnetic means, including satellite networks, fixed terrestrial networks, circuit-switched or packet-switched networks, including the Internet, terrestrial mobile networks, electrical cable systems, in cases where they are used for the transmission of signals, networks used for radiotelevision transmissions and television cable networks, regardless of the type of information they convey.
51. “Public communications network” means an electronic communications network used wholly or primarily to provide electronic communications services available to the public and capable of supporting the transfer of information between network endpoints.
52. “Ultra-high capacity network” is an electronic communications network, which consists entirely of optical fiber elements, at least up to the distribution point at the service location, or an electronic communications network that is capable of offering, under normal peak-load conditions, similar network performance in terms of available download bandwidth “downlink” and upload “upstream connection”, of the network's stability, parameters related to errors, delays, and their variations. Network performance is considered similar regardless of whether the end-user experience changes due to the inherently different characteristics of the environment through which it ultimately connects to the network endpoint.
53. “Local radio network or RLAN” is a low-power wireless access system that operates within a small coverage radius and carries a low risk of interference with other such systems deployed nearby by other users and using the harmonized frequency spectrum on a non-exclusive basis.
54. “Public telephone network” means the electronic communications network used to provide telephone services available to the public. It supports the transfer between endpoints of the telephone communications network, as well as other forms of communication, such as fax and data.
55. “Security of networks and services” is the ability of electronic communications networks and services to resist, at a given level of confidence, any action that jeopardizes availability, authenticity, integrity, misuse, confidentiality of these networks and services, any action or omission that threatens the data stored, transmitted or processed of the respective services provided or accessible through these networks or electronic communications services.
56. “Entrepreneur” means any natural or legal person, registered under applicable law, that provides electronic communications networks or electronic communications services under this law.
57. “Conditional access system” means any technical measure, authentication or regulation system in which access to a protected radio or television broadcasting service in an intelligible form is conditioned on a subscription or another form of individual prior authorization.
58. “File” is a collection of interrelated data stored on an electronic data storage device.
59. “Frequency spectrum” refers to electromagnetic waves in the frequency range of 9 kHz to 3000 GHz that propagate through the ether without the need for separate lines.
60. “Harmonized frequency spectrum” means the frequency spectrum for which, through technical implementation measures, conditions for harmonization have been established with respect to its availability and efficient use in accordance with EU practice.
61. “Emergency service” is a service, in accordance with applicable legislation, for civil protection to provide emergency and assistance services, offering immediate and rapid aid, before and during a disaster or immediately afterward, to protect human life, livestock, property, cultural heritage, and the environment, to ensure public safety, and to meet the basic survival needs of the affected people.
62. “Electronic communications service” means a service provided for remuneration, obtained via an electronic communications network, which, excluding services that provide or exercise editorial control over the content transmitted, using electronic communications networks and services, includes the following types of services:
a) “Internet access service” means the electronic communications service, available to the public, that provides access to the Internet and thereby connection to virtually all virtual endpoints on the Internet, regardless of the network technology and end-user devices used.;
b) “Interpersonal communication service” is the service normally provided for a fee that enables direct interpersonal and interactive exchange of information via electronic communications networks among a limited number of persons, where the persons initiating or participating in the communication determine its recipients. This service does not include services that enable interpersonal and interactive communication, merely as a minor ancillary feature intrinsically linked to another service;
c) services that consist entirely or primarily in the transmission of such signals, such as transmission services used to provide machine-to-machine communications and for radiotelevision transmissions.
63. “Number-based interpersonal communication service” is an interpersonal communication service that connects to publicly assigned numbering resources, such as a number or numbers in a national or international numbering plan, enabling communication with another number or numbers in a national or international numbering plan.
64. “Number-independent interpersonal communication service” is an interpersonnel communication service that is not connected to publicly assigned numbering resources, such as a number or numbers in the national or international numbering plan, or that does not enable communication with a number or numbers in the national or international numbering plan.
65. “Voice communication service” means an electronic communications service available to the public for originating and receiving direct or indirect national, or national and international, calls through one or more numbers in a national or international telephone numbering plan.
66. “Sustainable fixed public telephone service” is the public telephone service provided to users via end-user equipment that connects at fixed network access points of the public telecommunications network.
67. “Ancillary services” are those services related to an electronic communications network or an electronic communications service, which enable or support the provision, non-provision, or automated provision of services through such network or service or have the potential to do so and which include, among others, number portability or equivalent functionality provisioning systems, conditional access systems and electronic program guides and other services, such as identity, location and presence services.
68. “Universal service” is a defined minimum of public electronic communications services, of a specified quality, at affordable prices for all users in the territory of the Republic of Albania, regardless of geographic location.
69. “Value-added service” means an information service provided through premium-rate, cost-sharing, or green numbers via the public electronic communications network, normally in exchange for payment.
70. “Information society services” are services normally provided for a fee at a distance by electronic means and at the individual request of the service recipient. With the words:
a) “At a distance” means that the service is provided without the need for both parties to be present at the same time;
b) “By electronic means” means that the service is sent from the point of origin and received at the final destination through electronic processing equipment, including numerical compression and data storage. Sending, transmission, and complete reception are carried out via cables, radio waves, optical means, and other electromagnetic media;
c) “Upon an individual request by the service recipient” means that the services are provided by means of data transmission, at the individual request of the recipient. Information society services include in particular the sale of goods and services, information or advertising access services on the Internet and access to public communications network services, in data transmission or the storage of the recipient's data on the public communications network.
71. “Total Talk Service” means a real-time multimedia communication service that provides symmetric, two-way, real-time transfer of motion video, text, and real-time voice service between users at two or more locations.
72. “Cost-oriented tariff” is the tariff that reflects the costs of efficient and effective operation, while allowing the entrepreneur a reasonable rate of return.
73. “Communications traffic data” means any data processed for the purposes of transmitting communications on an electronic communications network or for billing purposes.
74. “Location data” means any data processed in an electronic communications network that indicates the geographic position of an electronic communications network user's end device.
75. “Broadcasting” means the transmission of radio and television service programs via a terrestrial antenna, an electronic communications network, or satellite, in coded or uncoded form, for reception by the public.
76. “International markets” are the markets identified in accordance with Article 186 of this law, which cover the union or a significant part thereof, located in more than one Member State of the European Union.
77. “Call” is the connection established through the publicly available interpersonal communication service that allows two-way voice communication.
78. “The competent office of broadband”-it" is the structure created under the minister to promote the development of networks. broadband, including very high-speed communication networks.
Article 5
General objectives
1. The general policy objectives for electronic communications networks and services are as follows:
a) promoting access to and connectivity on very high-capacity electronic communications networks, as well as their use by fixed, mobile, and wireless networks by all citizens and businesses in the Republic of Albania;
b) the promotion of efficient competition in the provision of electronic communications networks, facilities and their associated services, including effective competition in electronic communications infrastructure, through economically efficient investments in both new and existing infrastructure;
c) promoting the development of the Albanian electronic communications market, with development rules and a predictable regulatory framework harmonized with European Union practices, through:
i. the removal of remaining obstacles;
ii. facilitating investments in the provision of electronic communications networks and services, their facilities and associated services, under conditions of technological convergence in the territory of the Republic of Albania;
iii. the promotion of the effective and efficient use of the radio frequency spectrum; and
iv. open innovation.
c) the promotion of the interests of the citizens of the Republic of Albania, by ensuring:
i. connectivity, widespread availability and use of very high-capacity networks, including fixed, mobile, wireless networks and electronic communications services;
ii. maximum benefit in terms of choice, price, and quality, based on effective competition;
iii. the maintenance and security of networks and services; and
iv. a high level of common protection for end users, with sector-specific rules, to meet the needs for: affordable prices for specific social groups, in particular for end users with disabilities, the elderly, and those with special social needs, as well as in ensuring equal access for persons with disabilities;
d) the protection and promotion of the security of electronic communications networks and services through the creation of secure, trusted, and integrity-preserving networks.
2. The Ministry, the AKEP, and other competent authorities in carrying out their regulatory duties, as defined by this law and the secondary legislation enacted pursuant to it, ensure the implementation of policies for the promotion of freedom of expression and information, the promotion of cultural and linguistic diversity, and media pluralism, within the respective scope of responsibility and competencies, as defined in Articles 8, 9, and 10 of this law.
3. The general policy for the development of the electronic communications sector is approved by a decision of the Council of Ministers, upon the minister's proposal.
Article 6
Achievement of objectives
1. For the achievement of the objectives set out in Article 5 of this law, AKEP shall take all necessary and proportionate measures, as defined in this law, in cooperation with the responsible ministry and the other relevant authorities specified in this law.
2. The AKEP supports the Ministry and the Council of Ministers in establishing best practices and reporting on the effectiveness of measures taken to achieve the general objectives set out in Article 5 of this law.
3. In implementing the policy objectives set forth in Article 5 of this law, the AKEP:
a) promotes regulatory predictability by ensuring a consistent regulatory approach during periodic reviews of regulatory decisions, taking into account opinions, recommendations, guidelines, advice, or best regulatory practices developed by BEREC and the RSPG;
b) ensures non-discriminatory treatment of providers of electronic communications networks and services under comparable conditions;
c) applies, as far as possible, the principle of technological neutrality in accordance with the objectives set out in paragraph 1 of Article 5 of this law and with EU practice;
c) promotes efficient investments and innovation in new and upgraded infrastructure, including ensuring that any access obligation, takes into account the risk incurred by the investing entrepreneurs and allows for various cooperation agreements between investors and parties seeking access to diversify investment risk while simultaneously ensuring the preservation of market competition and the principle of non-discrimination;
d) takes into account the various conditions regarding infrastructure, competition, end-user circumstances, and in particular those of users in different geographic areas within the territory of the Republic of Albania, including local infrastructure managed by natural persons for non-profit purposes;
dh) imposes regulatory obligations under this law only to the extent necessary to ensure sustainable and effective competition in the interest of end users, and eases or removes these obligations as soon as market conditions are met.
4. The AKEP, in fulfilling the objectives set out in paragraph 3 of this article, acts independently, objectively, transparently, non-discriminatorily, and proportionately.
Article 7
Strategic planning and coordination of radio spectrum policy
1. The radio frequency spectrum is a limited natural resource and a national asset of economic value and social and cultural significance. The policy document on spectrum and the strategic coordination and planning of the radio frequency spectrum is approved by a decision of the Council of Ministers, on the proposal of the minister.
2. The competent authorities, as defined in Article 8 and in paragraph 1 of Article 60 of this law, cooperate with the Minister in drafting the spectrum policy document and in coordinating and strategic planning in the Republic of Albania, taking into consideration, among others, the economic, security, health, public interest, freedom of expression, cultural, scientific, technical, and social aspects of national policies, as well as the interests of the radio spectrum user community, with the aim of optimizing the use of the radio spectrum while avoiding harmful interference.
3. Spectrum management ensures the effective and efficient use for electronic communications networks and services, in accordance with general policy objectives, as set out in Article 5 of this law, and the relevant decisions of international organizations and obligations arising from the conventions or agreements to which the Republic of Albania is a party.
4. The National Frequency Plan is drawn up in accordance with the relevant ITU radio regulations and with harmonizing decisions on the frequency spectrum at the European level, taking into account the decisions of the EU and the RSPG. The National Frequency Plan is approved by a decision of the Council of Ministers, upon the minister's proposal.
5. To ensure the effective and interference-free use of frequencies, particularly in specific bands, cross-border coordination agreements are drafted and approved, based on the ITU's international regulations and European practice.
Chapter II
Institutional Organization and Functioning
Article 8
Competent authorities
The competent authorities in the field of electronic communications are:
a) minister;
b) The Electronic Communications and Postal Authority (AKEP); and
c) The Audiovisual Media Authority (AMA).
Article 9
The minister's competencies
The minister in charge has the following responsibilities:
1. It develops the policy for the development of the electronic communications sector in accordance with the provisions of this law and applicable international acts and standards. Monitors the implementation of the Government of the Republic of Albania's policy in the electronic communications sector and the fulfillment of the general policy objectives under Article 5 of this law.
2. Monitors the implementation of the National Infrastructure Development Plan. Broadband through the competent office of broadband-it, as defined by a decision of the Council of Ministers.
3. Represents the Republic of Albania in international bodies in the field of electronic communications. Drafts and signs, on behalf of the Republic of Albania, international agreements, both bilateral and multilateral, in the field of electronic communications.
4. Monitors the implementation of obligations in the field of electronic communications arising from international treaties to which the Republic of Albania is a party.
5. Requests and processes statistical data from operators engaged in electronic communications activities. Requests information and cooperates with AKEP and public authorities, in implementation of this law, for the deployment of networks. broadband, including very high-capacity networks.
6. Cooperates with the Ministry of Defense, the Ministry of the Interior, and the State Intelligence Service on matters of electronic communications related to national defense and security.
7. Draws up and submits to the Council of Ministers the National Frequency Plan and works to harmonize this plan with international policies on the development of the radio frequency spectrum.
8. Based on AKEP's proposals, it approves possible restrictions on the allocation of frequencies, the relevant public competition procedures, and the minimum value for their allocation, in accordance with the provisions of Articles 75 and 76 of this law.
Article 10
The Role of the Electronic Communications and Postal Authority
1. The Electronic Communications and Postal Authority is the regulatory body in the field of electronic communications and postal services, which oversees the regulatory framework established by this law, by the law on postal services, and by the development policies set by the Council of Ministers.
2. AKEP is a public, non-budgetary, independent legal entity with its seat in Tirana, which carries out its activities in accordance with applicable legislation.
3. AKEP performs its functions in accordance with this law, as well as with the secondary legislation, the national policies for the development of electronic communications, and the international agreements of the electronic communications sector to which the Republic of Albania is a party.
4. When exercising its powers, AKEP takes into account BEREC's guidelines, opinions, recommendations, common positions, best practices and methodologies, and the relevant decisions of the European Commission.
Article 11
Audiovisual Media Authority
The duties and competencies of the Audiovisual Media Authority (AMA) are defined in the law governing the audiovisual media sector in the Republic of Albania.
Article 12
AKEP's Competencies
1. The AKEP performs all duties entrusted to it by this law and the secondary legislation, for:
a) the regulation of the electronic communications market, in accordance with this law, including the imposition of access and interconnection obligations;
b) the resolution of disputes between entrepreneurs;
c) carries out the administration of the radio frequency spectrum, in accordance with the provisions of this law, and makes the corresponding decisions;
c) cooperates with the ministry in preparing the National Frequency Plan;
d) prepares the radio frequency usage plan and details the allocations for radio frequency bands designated for civil purposes, for public or private use, excluding the frequency bands designated for radiotelevision broadcasting, which are administered by the Audiovisual Media Authority;
dh) monitors the use of the radio frequency spectrum in accordance with the National Frequency Plan and the frequency usage plan;
e) issues individual authorizations for the use of radio frequencies;
e) follows the procedures set forth by this law regarding the allocation and use of radio frequencies;
f) carries out cross-border coordination of radio frequency use with the administrations of neighboring and other countries regarding the spectrum managed by AKEP;
g) cooperates with the AMA and other institutions for the administration of the frequency spectrum, with the aim of its efficient use;
g) contributes to the protection of end-users' rights in the electronic communications sector, in coordination, as appropriate, with the minister and other competent authorities for consumer protection;
h) closely assesses and monitors market formation and competition issues related to open internet access;
i) assesses the net cost of providing universal service;
j) ensures the implementation of number portability between providers.
2. AKEP is also responsible for:
a) the collection of data and other necessary information from market participants to contribute to BEREC's tasks;
b) the encouragement of the efficient use of limited natural resources, such as radio frequencies and numerical spaces;
c) the protection of national security interests and the guarantee of maintaining the integrity and security of public electronic communications networks;
c) the preparation, approval, and administration of the National Numbering Plan for electronic communications networks and services in the Republic of Albania;
d) the allocation of numbers or blocks of numbers to public electronic communications network operators, electronic communications service providers, and other interested parties, as determined by the National Numbering Plan;
d) administers domain-in TLD.al, its subdomains, and also establishes, by special regulation, detailed rules for the methodology, fees, procedure, and manner of managing this service in accordance with applicable legislation and international standards;
e) taking administrative measures, in accordance with this law, in cases of violation of this law and the acts issued for its implementation;
e) the management and administration of the Universal Service Fund, if applicable;
f) the resolution of disputes between electronic communications network operators and electronic communications service providers, as well as disputes between end users and operators, in accordance with the provisions of this law;
g) the creation, maintenance, and updating of an electronic database from the electronic communications sector and ensuring that the data are available to the public, in accordance with the rules on public information and respect for confidentiality;
g) the collection of data and information from network operators and providers of electronic communications services;
h) monitors the implementation of the essential requirements for radio equipment in accordance with the technical regulation adopted by a decision of the Council of Ministers;
i) ensures that electronic communications network operators and electronic communications service providers, in the event of war or other exceptional circumstances, fulfill their obligations regarding national defense and public security;
j) carrying out the procedures for the designation of the universal service provider, as specified in Article 111 of this law;
k) the determination of the rules for the operation of the coastal radio-link service, after obtaining the minister's opinion;
l) the establishment of rules and technical requirements for the operation of amateur radio services in the Republic of Albania, based on the ITU radio regulations;
ll) ensuring the availability of a central database for number portability;
m) the determination of measures for regulating the maximum fees and prices that may be applied to a specific range of numbers used for premium value-added services, with the aim of protecting consumers.
3. The AKEP cooperates with the ministry responsible for the electronic communications sector and with other public institutions, with respect to matters within the scope of this law that fall under their areas of responsibility, in particular for the fulfillment of the objectives set out in Article 5 of this law.
4. AKEP shall provide the minister with any information necessary to fulfill the development policy objectives and the competencies set forth in this law and in the law on postal services.
5. AKEP has the right to regulate services. roaming on the basis of bilateral or multilateral international agreements, signed or approved for the reciprocal application of tariff regulation for these services, as well as for international termination rates associated with these services.
Article 13
Independence of AKEP
1. AKEP exercises its powers impartially, objectively, transparently, and efficiently. AKEP is independent in its work and decision-making within its competencies. This provision does not prevent the oversight of AKEP's activities in accordance with applicable national legislation.
2. AKEP is independent of the ownership of undertakings providing electronic communications networks or services and ensures effective structural separation of the regulatory function from activities related to the ownership or control of those undertakings.
3. AKEP has sufficient financial and human resources, with the technical skills required to carry out the tasks assigned to it, including participation in BEREC.
4. The structure and organization of AKEP are approved by the Supervisory Board. Employment relations for AKEP employees are regulated in accordance with the Labor Code.
5. The recruitment of AKEP employees is carried out based on the requirements and job descriptions for each position, approved by the Governing Board and set forth in its internal operating regulations.
6. The AKEP Governing Board, among other things, approves:
a) the constituent elements of the monthly gross pay of the institution's employees;
b) the value for each element of the institution's employees' monthly gross pay.;
c) the rules, criteria, and amount of other financial treatments and benefits.
The Governing Council, in determining the level of salaries, bonuses, and other financial and non-financial benefits for the administration, is based on a clear methodology that takes into account market conditions, the experiences of other authorities, that carry out regulatory activities in the Republic of Albania and the needs of the institution itself.
7. Each year, AKEP submits its annual report on its activities to the Assembly within the first four months of the following year. A copy of the report is delivered to the ministry.
8. The annual report is made available to the public and contains:
a) the report on AKEP's activities for the previous year;
b) the annual program for the coming year;
c) the report on the state of the electronic communications market, including universal service;
c) the report on AKEP's human and financial resources and how these resources are allocated.
9. Decisions of the AKEP Board of Directors may be appealed to a court in accordance with applicable legislation.
10. AKEP supports BEREC's objectives and, when adopting its decisions, takes into full account the guidelines, opinions, recommendations, common positions, best practices, and methodologies approved by BEREC.
Article 14
The Governing Board of AKEP
1. AKEP is governed by the Supervisory Board, which operates under its own internal regulations.
2. The Supervisory Board consists of 5 members. The members of the Supervisory Board are appointed by the Assembly of the Republic of Albania through an open and transparent selection procedure, based on the proposal of the Council of Ministers. Members of the AKEP Governing Board are appointed for a five-year term, with the right to re-election no more than once.
3. The Assembly appoints the chairman from among the members of the Governing Council. The chairman of the council is also the executive director of the Electronic Communications and Postal Authority.
4. Members of the Governing Council are graduated and qualified experts with at least 10 years of experience and represent the electronic communications, postal, economic, and legal sectors.
5. Members of the Governing Council, upon their appointment, resign from any official or political position and any for-profit activity, and also relinquish any financial interest they may have in companies engaged in commercial activities under AKEP's jurisdiction. The member informs the Assembly in writing of these actions.
6. Cannot be a member of the Board of Directors:
a) the person, spouse, or relatives up to the second degree who have ties to members of the Council of Ministers;
b) a person who has been convicted by a court of having committed a criminal offense, by a final judgment;
c) a person who is a debtor, creditor, or shareholder in a company that is subject to the regulatory framework of the Electronic Communications and Postal Services Authority;
c) a person who is barred by law from holding public state offices.
7. The salary of the Chairperson and members of the Governing Council is determined in relation to the salary of the President of the Republic of Albania, according to Annex No. 1 attached to this law.
Article 15
Decision-making and the structure of the Board of Directors
1. The Board of Directors makes decisions by a majority vote when at least three members are present. Each member, including the chair, has one vote. No absence or vacancy on the Board of Directors shall affect the right of the remaining members to exercise their rights.
2. Members of the Board of Directors shall abstain from voting when one of the cases provided for by the Code of Administrative Procedures and the law on preventing conflicts of interest in the exercise of public office applies.
Article 16
Release and dismissal of the members of the Governing Council
1. A member of the Board of Directors is removed by the Assembly when:
a) is convicted of a criminal offense by a final court decision;
b) has refused or, without cause, failed to perform the assigned duties or has been unable to perform these duties for at least six months;
c) acts in violation of the provisions of this law.
2. A member of the Board of Directors is dismissed by the Assembly when:
a) resigns;
b) is elected or runs as a candidate for the Assembly or for local government bodies, except when they are a member of professional associations and hold positions therein;
c) is physically or mentally unable to perform the assigned duties;
c) has reached retirement age.
3. A removed member of the Board of Directors is not entitled to reappointment to the Board of Directors.
4. Before being released or dismissed, a member of the Governing Council is given the opportunity to present his claims before the commissions of the Assembly.
5. The decision to release and dismiss the chairperson, one member, or more than one member must be based on law and be justified by the reasons leading to their release or dismissal.
6. The impeachment procedure conducted by the Assembly is transparent, and its decision is made public at the moment of removal.
Article 17
AKEP's Financing and Budget
1. The sources of AKEP's financing are the payments made by operators of electronic communications networks and services, as specified in this law and other applicable legal acts. AKEP is also financed from other lawful sources.
2. The AKEP Governing Board approves the following year's budget, which consists of AKEP's total annual revenues and expenditures, as well as a detailed budget.
3. AKEP maintains complete records of expenses incurred in accordance with the applicable accounting legislation. AKEP publishes the annual financial statement that it files with the tax authorities, in accordance with the applicable legislation for this purpose.
4. Any surplus from regulatory fee revenues remaining unspent at the end of the financial year shall be retained in AKEP's accounts, included in the following year's expenditure plan, and used for investments necessary for the performance of AKEP's duties, as well as taken into account in the proportional, objective, transparent, and non-discriminatory review of the respective annual payments of undertakings.
Article 18
Principles for administrative fees
1. Any administrative fee under this law imposed on undertakers providing electronic communications networks or services, under a general authorization or who have been granted the right to use:
a) covers in total only the administrative costs incurred in the management, control, and enforcement of the general authorization system, the rights of use, as well as the special obligations, as referred to in Article 34 of this law, which may include costs for international cooperation, harmonization and standardization, market analyses, compliance monitoring and other market controls, as well as regulatory work for the preparation and implementation of secondary legislation under this law, and administrative decisions, such as decisions on access and interconnection; and
b) is imposed on individual undertakings in an objective, transparent, and proportionate manner, in order to minimize additional administrative costs or associated fees in relation to their intended purpose, taking into account the general objectives of this law.
2. AKEP publishes an annual overview of the respective administrative costs, as well as the total amount of fees collected. When there is a discrepancy between the total amount of fees and the administrative costs, the necessary adjustments are made in accordance with paragraph 4 of Article 17 of this law.
Article 19
Payments made to AKEP
1. The payments made to AKEP are:
a) the fee for the supervision of the electronic communications market, as specified in Article 20 of this law;
b) payment for the financing of the universal service, as defined in Article 128 of this law;
c) payment for the allocation and use of frequencies in accordance with applicable legislation and decisions of the Council of Ministers;
c) payment for the assignment and use of numbers, numerical series, including the assignment of names of domain-it, according to this law.
2. The determination of fees for the allocation and use of numbers, number series, and frequencies is approved by a decision of the Council of Ministers, on the proposal of the minister, based on the recommendations of AKEP.
3. The determination of fees for the allocation and use of frequencies and numbers is made on the basis of the principle of proportionality, specifically:
a) the total annual revenue from fees set for the allocation and use of numbers must be in line with AKEP's annual administrative costs related to the administration of numbers and frequencies;
b) Changes in payments in different frequency bands or different number categories must be consistent with changes in the administrative costs of managing those bands and categories of numbers.
4. AKEP, in accordance with the principle of transparency, publishes each year on its official website a summary of its financial situation, including costs, administrative expenses, and total revenues generated from market oversight fees, numbering fees, and frequency fees.
Article 20
Fees for the supervision of the electronic communications market
1. Entrepreneurs providing public electronic communications networks or services, under this law, are required to pay an annual fee for the supervision of the electronic communications market by AKEP. This fee is paid to cover AKEP's administrative costs.
2. The annual fee, as specified in paragraph 1 of this article, shall not exceed 0.5 percent of the annual revenue from electronic communications in the previous calendar year.
3. The entrepreneur shall pay the annual fee for the supervision of the electronic communications market to AKEP by April 30 of each year, immediately after submitting the annual balance sheet and the accountant's report, which are filed by the entrepreneur with AKEP.
4. The annual fee level for the supervision of the electronic communications market, within the limit of 0.5 percent of annual revenue from electronic communications, is determined in AKEP's regulation issued in accordance with this law.
5. The determination of the annual fee for market oversight must not distort competition or create barriers to market entry for new entrepreneurs.
6. Before approving the regulation, in accordance with the provisions of point 4 of this article, AKEP notifies operators in writing to submit their written comments and proposals regarding the annual fee, its calculation method, and its application. The deadline for entrepreneurs to submit their proposals is 30 days from the date of receipt of the notification. Failure to submit opinions and proposals within this deadline does not prevent AKEP from acting in accordance with paragraph 4 of this article.
7. The annual fee for the supervision of the electronic communications market is paid into AKEP's account.
Article 21
Fees for the rights to use frequencies
1. AKEP may impose fees for the rights to use frequency spectrum used to provide electronic communications networks or services and related facilities, ensuring the optimal use of these resources.
2. Fees for the rights to use frequency spectrum must be objectively justified, non-discriminatory, and proportionate to the objective pursued, based on the general objectives set out in Article 5 of this law.
3. Applicable fees related to the rights to use frequency spectrum are set at a level that ensures the efficient allocation and use of the radio spectrum, including:
a) the setting of reserve prices, as the minimum fee for granting the right to use the radio frequency spectrum, taking into account the value of these rights in their possible alternative uses;
b) the costs incurred by the conditions attached to these rights;
c) the application, as far as possible, of payment modalities linked to the actual availability for the use of the frequency spectrum;
c) the issuance by AKEP of authorizations for the use of frequencies intended for the purpose of research, measurement, and testing of radio communication equipment, for a limited coverage area and for no more than 120 days.
Article 22
Fees for the rights to use numeration resources
1. Holders of rights to use numbers and number series pay a fee to AKEP for the use of the allocated numbers and number series, which reflects the need to ensure the optimal use of these resources.
2. Fees for the use of numbering resources must be objectively justified, transparent, non-discriminatory, and proportionate in relation to the objective pursued, based on the general objectives set out in Article 5 of this law.
3. The criteria for calculating the fee are based on the type, usage, and length of the numbers.
4. The fee for using certain numbers and number series is payable before each calendar year, beginning on the date the decision to assign those numbers and series is made.
5. Fees for the use of numbers and numerical series shall be paid in accordance with the provisions of Article 19 of this law.
6. AKEP sets fees for assigning names. domain-it in accordance with the regulation specified in Article 133 of this law.
Article 23
Fees for the right to install facilities
In the case of applying fees for the installation of facilities used for the construction of electronic communications networks or the provision of electronic communications services on, above, or under public property, the competent authorities ensure the optimal use of these resources and the fulfillment of the objectives set out in Article 5 of this law. When applying them, the authorities ensure that these fees are objectively justified, transparent, non-discriminatory, and proportionate to the purpose pursued.
Article 24
Publication
1. Documentation managed by AKEP regarding the activities of electronic communications operators is made available to the public in accordance with the applicable legislation on the right to public information and the applicable legislation on trade secrets.
2. The decisions of the AKEP Governing Board, the criteria, notification procedures, the issuance of authorizations for rights of use, the authorizations granted, the rules, technical regulations and standards are published on AKEP's official website.
Article 25
Cooperation between the competent authorities
1. AKEP cooperates with other competent authorities on matters of common interest through the exchange of information for the implementation of this law and its implementing regulations, as well as practices related to the electronic communications sector. The competent authorities receiving information shall apply the same level of confidentiality.
2. AKEP and the Competition Authority cooperate on matters of mutual interest, in implementation of the applicable legislation on competition in the electronic communications sector. In particular, in the process of identifying the relevant markets and analyzing them, AKEP consults and cooperates with the Competition Authority.
3. AKEP and other competent authorities, when necessary to promote regulatory cooperation, enter into cooperation agreements with one another.
Chapter III
General Authorization
Section 1
General part
Article 26
General authorization for electronic communications networks and services
1. Any operator is free to offer electronic communications networks and services in the Republic of Albania, in accordance with the requirements of this law. The provision of electronic communications networks or services by an operator shall not be impeded by AKEP, except in cases where it is necessary for reasons of public interest, public safety, or public health. Any restriction on the provision of electronic communications networks and services is justified, based on the applicable national legislation, notified to the ministry, and published in advance.
2. The provision of electronic communications networks or services, other than number-independent interpersonal communication services, is subject to the general authorization regime, while respecting specific obligations, specified in paragraph 6 of Article 28 of this Law, as well as the requirements for obtaining rights of use for frequencies and numbering, in accordance with this Law, when the provision of electronic communications networks or services is based on the use of finite natural resources.
3. Before commencing activities, each operator notifies AKEP using an approved form for notification methods, based on the relevant BEREC guidelines, which contains the elements specified in points 2 and 3 of Article 27 of this law. No additional or special requirements are imposed on the undertaker for the notification. To exercise the rights arising from the general authorization, the authorized undertaker does not need to obtain a separate decision or administrative act from AKEP. Upon notification, and when the use of limited resources is required, the operator commences activities subject to the provisions on usage rights under this law for the issuance of an individual authorization.
Article 27
Notice
Any operator intending to offer a network or electronic communication services in the territory of the Republic of Albania shall notify AKEP before commencing operations, modifying, or discontinuing the service.
2. The entrepreneur's notification is made in writing in accordance with the rules approved by AKEP and must contain the following information:
a) the name, the geographic address of the provider's main branch and, where applicable, of any secondary branch;
b) the entrepreneur's legal registration data, legal status, form and registration number, and the provider's location;
c) the contact person and the contractor's contact information;
c) the website address web of the provider, relating to the provision of electronic communications networks or services, where available, accompanied by a brief description of the networks or services to be provided;
d) the date on which the start, change, or end of the activity is scheduled;
d) the geographic scope of the network and services to be provided and, where applicable, together with other countries covered, in addition to the Republic of Albania;
e) a statement of the date by which the contractor will complete the construction of the network or the provision of its services.
3. The notice is accompanied by:
a) a statement that the information is accurate;
b) a declaration that the contractor possesses the necessary technical, legal, and financial capacities and will comply with legal obligations.
4. The entrepreneur shall report to AKEP any change in the information provided in the notification within 30 days of the change occurring.
5. AKEP registers operators or service providers in the electronic database within 7 days of receiving the notification and notifies them in writing of their registration.
6. When the notification is incomplete, based on the requirements of paragraphs 2 and 3 of this article, AKEP notifies the entrepreneur within 7 days of receiving the notification to complete the deficiencies in the documentation. If the operator does not provide the missing information within 15 days, AKEP notifies the operator that it will not register it. The operator has the right to appeal to AKEP's Board of Directors on this matter.
7. If AKEP does not confirm in writing within the time frame specified in paragraph 5 of this article, or does not notify the entrepreneur of the lack of information as provided in paragraph 6 of this article, the notification and registration shall be deemed complete.
8. AKEP shall adopt by regulation the form and content of the notification, the supporting documentation, and the registration confirmation, taking into account the relevant BEREC guidelines.
9. AKEP maintains an up-to-date register of natural and legal persons who have notified and registered in accordance with the provisions of this article, containing the information specified in paragraph 2 of this article. This information is made available to the public.
10. The AKEP deletes an entrepreneur from the register upon the entrepreneur's own request, when they notify the cessation of activity in accordance with paragraph 1 of this article, or on its own initiative, if it is determined that the entrepreneur has ceased or suspended their commercial activity, or in execution of a final court or administrative decision, for reasons based on this law and its implementing regulations.
Article 28
General authorization conditions and rights to use radio frequency spectrum and numbers
1. The general authorization for the provision of electronic communications networks or services and the authorization for radio frequency spectrum usage rights and for the use of numbering resources may be subject to the following conditions:
a) the general conditions pursuant to Article 29 of this law;
b) the specific conditions for the provision of electronic communications networks in accordance with paragraph 1 of Article 30 of this law;
c) the specific conditions for the provision of electronic communications services, excluding number-independent interpersonal communications services, in accordance with paragraph 2 of Article 30 of this law;
c) the conditions for the rights to use the radio frequency spectrum, in accordance with Article 31 of this law;
d) the conditions for the rights to use numbering in accordance with Article 32 of this law.
2. The conditions imposed by AKEP, in accordance with paragraph 1 of this article, must be non-discriminatory, proportionate, and transparent.
3. In the case of using frequencies, entrepreneurs must meet the conditions for the effective and efficient use of frequencies, as specified in Chapter IX of this law, and in the case of using numbers, they must comply with Article 132 of this law.
4. The conditions of general authorization must be sector-specific and justified for the network or service in question, as defined in this article. They must not duplicate conditions that apply to undertakings under other applicable legal acts.
5. In granting rights of use for frequencies and numbering resources, AKEP does not duplicate the conditions of general authorization.
6. Specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109 of this Law, as well as the specific obligations that may be imposed by AKEP on undertakings providing electronic communications networks and services, pursuant to paragraph 3 of Article 82, Article 86, Article 92 and Article 109imposed on undertakings designated as universal service providers under this law, must be legally separate from the rights and obligations arising from the general authorization.
7. In implementation of the principle of transparency, the criteria and procedures for imposing specific obligations, as set out in paragraph 6 of this article, on sole proprietors must be referenced in the general authorization.
Article 29
General conditions of the general authorization
The general authorization includes the following general conditions:
a) the payment of administrative fees in accordance with Article 18 of this law. Every entrepreneur is required to pay the administrative fees or charges for the rights to use limited resources under the applicable legislation.;
b) the protection of personal data and the specific protection of privacy in electronic communications in accordance with Chapter XIX of this law;
c) the information submitted in the notification procedure under Article 27, as well as for other purposes, as specified in Article 42 of this law;
c) the authorization of interception by the competent authorities, as defined in the applicable legislation on telecommunications interception and in accordance with the applicable legislation on the protection of personal data and with Chapter XIX of this law;
d) the conditions for the use by public authorities of communications for the general public, for warning the public of imminent dangers and for measures to avert major disasters;
d) conditions of use during major disasters or national emergencies to ensure communication between emergency services and authorities;
e) access obligations under this law that apply to undertakings providing electronic communications networks or services;
e) the measures planned to ensure compliance with the standards or specifications set forth in Article 53 of this law;
f) transparency obligations towards providers of publicly available electronic communications networks, for the provision of end-to-end interconnection, in accordance with the objectives of Article 5 of this law, and, where necessary and proportionate, the obligation to grant access to the information required to verify the accuracy of this condition.
Article 30
Specific conditions of the general authorization
1. The specific conditions that may be attached to a general authorization for the provision of electronic communications networks are as follows:
a) the obligation to interconnect networks as specified in this law;
b) provisions for the carriage obligation, which is applied in accordance with the audiovisual media law;
c) measures for the protection of public health against electromagnetic fields, based on the applicable legislation and the guidelines of ICNIRP- measures for the protection of public health against electromagnetic fields, based on the applicable legislation and the ICNIRP guidelines for limiting exposure to electromagnetic fields, for the protection of people exposed to electromagnetic fields, when these conditions differ from those included in the general authorization;
c) the maintenance and integrity of the electronic communications network, in accordance with applicable legal requirements, for the prevention of electromagnetic interference between electronic communications networks or services;
d) the security of public networks against unauthorized access in accordance with the provisions of Chapter XIX of this law;
dh) the conditions for the use of frequencies, as defined in the technical regulation on essential requirements for radio equipment, adopted by a decision of the Council of Ministers, when the use of frequencies is not subject to individual authorization, as defined in this law.
2. The specific conditions that may be attached to a general authorization for the provision of electronic communications services, other than number-independent interpersonal communication services, are:
a) interoperability of services in accordance with this law;
b) end-user access to numbers in accordance with the National Numbering Plan, to numbers from Universal International Freephone Numbers (UIFN), and, where technically and economically feasible, to numbering plans, under conditions consistent with this law;
c) specific consumer protection rules for the electronic communications sector, including ensuring access for users with disabilities;
c) compliance with restrictions on the transmission of illegal or harmful content, based on applicable legislation.
3. The specific conditions of the general authorization, as set out in paragraphs 1 and 2 of this article, are established by AKEP for electronic communications networks or services and must not duplicate the conditions applicable to undertakings under other binding legal acts.
Article 31
Conditions for the rights of use for the frequency spectrum
In addition to what is provided in the general authorization, the rights to use frequencies are subject to the following conditions:
a) the obligation to provide a service or to use a type of technology within the limits of Article 62 of this law, and, where necessary, to meet coverage and service quality requirements;
b) technical and operational conditions for the avoidance of harmful interference and the protection of health from electromagnetic radiation, in accordance with applicable legislation, when these differ from those included in the general authorization conditions for the effective and efficient use of the radio spectrum under this law;
c) the maximum duration of the rights to use frequencies in accordance with the provisions of Article 69 of this law and with the National Frequency Plan;
c) the right to transfer or lease the rights, at the initiative of their holder, and the conditions for transfer, in accordance with this law;
d) fees or payments for usage rights in accordance with Articles 19 and 21 of this law;
dh) any undertaking made by the undertaker in the authorization process to obtain the right of use or during the renewal of the authorization before the authorization is granted or, as the case may be, in response to an invitation to apply for the rights of use;
e) obligations to join or for the shared use of the frequency spectrum or for allowing access to the frequency spectrum for other users in specific areas or at the national level;
e) obligations under the relevant international agreements concerning the use of frequency spectrum bands;
f) specific obligations for the experimental use of frequency spectrum bands;
g) the conditions for the use of the frequency spectrum, when such use is not subject to the granting of individual rights of use.
Article 32
Conditions for the use of numeration
In addition to what is provided for in the general authorization, the rights to use numbering may be subject to the following conditions:
a) the identification of the service for which the number is used, including any requirements related to the provision of that service and, for the avoidance of doubt, the tariff principles and maximum prices that may apply to a specific range of numbers, for the purpose of consumer protection, in accordance with the provisions of subparagraph “c” of paragraph 1 of Article 5 of this Law;
b) the effective and efficient use of numeration resources in accordance with this law;
c) the requirements for implementing number portability in accordance with this law;
c) the obligation to provide information in the telephone directory for end users regarding the implementation of Article 152 of this law;
d) the maximum duration in accordance with the provisions of Article 132 of this law and the National Numbering Plan;
d) the transfer of the rights of use of numbering resources at the initiative of their holder and the conditions for such a transfer in accordance with this law, including any requirement that the right to use a number be mandatory for all undertakings to which the rights have been transferred;
e) payments for usage rights in accordance with Article 22 of this law;
e) any commitment that the contractor, who is granted the right of use, has made during a competitive or comparative selection procedure for the granting of the right of use;
f) obligations under the relevant international agreements regarding the use of numbers.
Article 33
Certificate of Confirmation for the Facilitation of the Exercise of Rights for the Installation of Facilities and Interconnection
1. Upon the request of an operator, AKEP shall, within 7 calendar days of receiving the request, issue a standardized declaration confirming that the operator has submitted a notification in accordance with paragraph 3 of Article 26 of this law. The certificate of confirmation details the circumstances under which any undertaking providing electronic communications networks or services, by virtue of a general authorization, is entitled to install facilities, to negotiate for interconnection or to obtain access and interconnection, with the aim of facilitating the exercise of these rights when applying to other levels of government or to other undertakings.
2. When technically feasible, the confirmation certificate may be issued as an automatic response upon the notification referred to in paragraph 3 of Article 26 of this law.
Article 34
Special obligations
1. The AKEP has the right, in accordance with the provisions of this law, to impose specific obligations on an undertaking operating in the electronic communications sector. These obligations apply in addition to the conditions of the general authorization and in accordance with the consultations and procedures set out in Articles 44, 67, 75, and 92 of this law.
2. The specific obligations provided for in paragraph 1 of this article are:
a) obligations for the provision of universal service in accordance with Title XVI of this law;
b) the specific obligations set out in this law for operators with significant market power in the relevant markets;
c) obligations for access to networks in accordance with Title XII of this law.
3. AKEP publishes information on the imposition of special obligations as provided in Article 24 of this law.
Section 2
Rights and obligations of general authorization
Article 35
Minimum list of rights arising from the general authorization
1. Entrepreneurs subject to general authorization under Article 26 of this law have the right:
a) to provide electronic communications networks and/or services;
b) to apply for the necessary rights to install facilities in accordance with Article 57 of this law;
c) to use the radio frequency spectrum in connection with electronic communications services and networks as defined in Articles 28, 31, 66, and 75 of this law;
c) to apply for the necessary usage rights for numbering resources in accordance with Articles 131 and 132 of this law.
2. When an operator is authorized under this law to provide electronic communications networks or services to the public, the general authorization entitles it to:
a) to negotiate interconnection and, where applicable, to obtain access from other providers of publicly available communications networks and services in accordance with this law;
b) to participate in the designation as the universal service provider for specific universal service services or to cover certain parts of the territory of the Republic of Albania in accordance with this law.
Article 36
Accounting separation and financial reports
1. AKEP requests entrepreneurs who provide publicly available electronic communications networks or services and who hold special or exclusive rights to provide services in other sectors to:
a) maintain separate accounts for activities related to the provision of electronic communications networks or services to the extent required if these activities were carried out by legally independent undertakings, in such a way as to identify all cost and revenue elements, together with their calculation basis and the detailed methods used, in relation to these activities, including a detailed breakdown of fixed activities and structural costs; or
b) to have a structural separation for activities related to the provision of electronic communications networks or services.
2. AKEP decides not to apply the requirements set out in paragraph 1 of this article to undertakings whose annual turnover is less than 0.51 TP3T of market revenues in activities related to electronic communications networks or services in the Republic of Albania.
3. When an undertaking providing publicly available electronic communications networks or services is not subject to company law, its financial statements are prepared and submitted by independent auditors and published. The audit is conducted in accordance with the applicable accounting legislation.
Section 3
Change and revocation of rights
Article 37
Change of rights and obligations
1. AKEP changes or revokes the rights, conditions, and procedures for general authorization and usage rights in objectively justified cases and in a proportionate manner, after conducting public consultation, as specified in Article 44 of this law.
2. Objectively justified cases are understood to mean:
a) a change in the facts on which the rights, conditions, and procedures in the general authorization and the rights of use were based;
b) the fulfillment of commitments arising from the Republic of Albania's membership in international organizations;
c) the need for the defense and security of the state;
c) the need to protect the public interest.
3. The amendment or revocation of the rights, conditions, and procedures for general authorization and for usage rights is made by decision of AKEP.
Article 38
Individual authorization change
1. AKEP changes the individual authorization on its own initiative:
a) when the National Frequency Plan or the rules for the conditions of frequency use have changed;
b) for public needs that cannot be met in any other way;
c) when the requested change serves the efficient use of frequencies and is in the public interest;
c) when harmful interferences cannot be avoided in any other way;
d) when the change stems from international acts applicable in the Republic of Albania.
2. In the cases provided for in paragraph 1 of this article, AKEP shall issue a new individual authorization for the use of frequencies, which includes the changes. This new authorization also includes a reasonable period of time during which the authorization holder must adapt the use of the frequencies to the new authorization.
3. The individual authorization holder shall, at their own expense, carry out all necessary actions arising from the changes in the new individual authorization for frequency use.
4. Users of certain frequencies, the authorization for whose use has been changed, are entitled to be assigned another equivalent frequency band, within the available spectrum, in accordance with the frequency usage plan, if the reasons for the change or revocation of authorization are not their fault.
5. When changes to an individual frequency authorization are requested by its holder, the new authorization may be granted in accordance with the provisions of this law and in a manner that does not infringe the rights of other users.
Article 39
Change in decisions on assigning numbers and numerical series
1. To fulfill international obligations and to ensure an adequate supply of numbers and the efficient use of numbering resources, AKEP may change the structure and configuration of the numbering space and the allocation of numbers. Changes are approved after public consultation. In such cases, the holder of numbers and number series is not entitled to claim compensation.
2. AKEP may amend decisions on the assignment of numbers and numerical series, even at the request of their holder, when this is possible.
Article 40
Limitation or revocation of rights
1. Except as provided for in Article 182 of this law, the AKEP shall not limit or revoke the rights to install equipment or the rights to use radio spectrum or numerical resources before the expiration of the period for which they were granted, except in cases justified by paragraph 2 of this article and where applicable in accordance with the requirements of Article 28 of this law.
2. In accordance with the need to ensure the effective and efficient use of the radio spectrum, AKEP shall revoke an individual frequency authorization on its own initiative if it finds that:
a) the frequency authorization application contains false information;
b) the rights holder for use has not used the assigned frequencies within one year from the date of assignment or has used them for purposes other than those specified in the authorization;
c) the authorization holder no longer exists;
c) the provisions of this law or the conditions of the individual frequency authorization have been violated;
d) the deficiencies identified by AKEP, which have been notified to the entrepreneur, have not been eliminated within the specified deadline;
d) payments for the use of frequencies have not been made within 30 days of the specified deadline or 15 days after notification from AKEP;
e) there is no other way to avoid harmful interference caused by signals from radio equipment, receivers, or other electrical and electronic systems.
3. Payments made for the year in which authorization is revoked are non-refundable. A modification to the use of radio spectrum, resulting from the implementation of paragraphs 1 and 2 of Article 62, does not constitute the sole reason for justifying the removal of the right to use the radio spectrum.
4. Any objective to limit or revoke rights, on the basis of a general authorization or individual rights of use for the radio frequency spectrum or for numbering resources, without the consent of the rights holder, must be subject to consultation with interested parties, in accordance with Article 44 of this law. AKEP gives the holder of the right of use the opportunity to submit his submissions, as well as proposals for measures.
5. The restriction or removal of rights to use frequencies, including the rights under Article 69 of this law, is based on a clear procedure previously approved by AKEP, in accordance with the principles of proportionality and non-discrimination.
6. In cases of violations of the provisions of this law or of the conditions of individual frequency authorizations, AKEP shall act in accordance with the provisions of Articles 182 and 183 of this law.
Chapter IV
Information Assurance, Surveys, and Consultation Mechanism
Article 41
Request for information from entrepreneurs
1. Undertakings providing electronic communications networks and/or services, facilities or ancillary services, shall submit to the AKEP all information necessary for the performance of its regulatory tasks and for cooperation with BEREC, including financial information, in accordance with the provisions of this law.
2. AKEP has the right to request information from undertakings regarding future developments of the network or services that have an impact on wholesale services and which the undertakings make available to competitors, as well as sufficiently detailed information on the local-level deployment of electronic communications networks and their associated facilities, for the purpose of conducting the survey on the geographical coverage of high-speed networks and determining the zones, in accordance with Article 43 of this law.
3. When the information collected is insufficient to carry out the regulatory tasks under this law, AKEP may request information from other entities operating in the electronic communications sector or in sectors closely related to it. AKEP also requests information from the single information point established pursuant to Law No. 120/2016 “On the Development of High-Speed Electronic Communications Networks and the Provision of the Right of Way.”.
4. Entrepreneurs, defined as operators with significant market power in wholesale markets, are also required to submit accounting data for retail markets that are linked to the wholesale markets.
5. The entrepreneurs provide the requested information in accordance with the required deadlines and level of detail.
6. AKEP determines by regulation the information required from entrepreneurs, as well as the deadline for its submission. Any request for information must be justified and proportionate to the performance of regulatory duties.
7. AKEP requests information, in particular financial information, for the purpose of:
a) systematic or periodic verification of compliance with the provisions of this law;
b) familiarization with the procedures and evaluation of requests for the granting of usage rights;
c) the publication of comparative summaries of the quality and prices of services for the benefit of users;
c) statistical, in accordance with applicable legislation, or arising from agreements between the Republic of Albania and international organizations;
d) information regarding future developments of networks or services that may affect the wholesale services the undertaking provides to competitors; and for
d) the analysis of markets in accordance with Chapter XIII of this law.
8. AKEP, upon a reasoned request, provides the European Commission (hereinafter “the Commission”) with the information necessary to carry out its tasks under the Treaty on the Functioning of the European Union (TFEU). The information requested by the Commission must be proportionate to the performance of these tasks. When the information provided refers to information previously supplied by undertakings at the request of the AKEP, those undertakings are informed of this. When necessary, the Commission shall make the information provided available to another competent authority in another Member State, unless the authority providing the information has made a clear and justified request to the contrary.
In accordance with the requirements of this point, AKEP, where necessary, ensures that the information it sends to the Commission, is made available to another authority and to BEREC, in the same or another EU Member State, upon a justified request to enable the AKEP or BEREC to fulfill its responsibilities under EU law.
9. When the information collected in accordance with points 1 and 2 of this article, including information collected as part of a geographical survey, is considered confidential by AKEP, this information is kept confidential in accordance with the provisions of the applicable legislation on trade secrets. If the information is not confidential, when necessary to establish an open and competitive market, AKEP publishes it or makes it available to the public upon request. In case of doubt about the confidentiality of the information, AKEP decides to maintain its confidentiality after hearing and assessing the interests of the entrepreneur who owns the information.
10. AKEP ensures that the information it publishes contributes to an open and competitive market by acting in accordance with applicable laws and regulations on public access to information and subject to trade confidentiality and personal data protection.
11. The AKEP publishes the conditions for public access to information, in accordance with paragraph 8 of this article, including the procedures for obtaining such access.
12. Entrepreneurs providing electronic communications networks or services are required to submit to the minister, upon request, all information necessary to fulfill the minister's functional duties under this law.
Article 42
The information requested regarding the general authorization,
Rights of use and specific obligations
1. The AKEP, regardless of the information requested under Article 41 of this law, requests undertakings to provide information regarding the general authorization, the rights of use or specific obligations mentioned in Article 28 of this law, which must be proportionate and objectively justified, in particular, for:
a) systematic or case-by-case verification of compliance with obligations regarding administrative fees, the conditions for the effective and efficient use of the radio frequency spectrum and numbering resources, the making of usage payments for frequencies and numbering, as well as the specific conditions, in accordance with paragraph 6 of Article 28 of this law;
b) case-by-case verification of compliance with the conditions set out in Article 28 of this law, when a complaint has been received or when AKEP has other reasons to believe that a condition has not been met, or in the event of an investigation initiated by AKEP itself;
c) procedures for evaluating requests for the granting of use rights;
c) the publication of comparative tables of the quality and price of services for the benefit of end users;
d) clearly defined statistical purposes, reports, or studies;
dh) market analysis for the purposes of this law, including data on retail markets, whether identical to or related to the markets that are the subject of the market analysis;
e) maintaining efficient use and ensuring the effective management of the radio spectrum and numbering resources;
e) the assessment of future developments of the network or services that may have an impact on the wholesale services made available to competitors, on territorial coverage, on the connectivity available to end users, or on the designation of areas, in accordance with Article 43 of this law;
f) conducting geographical surveys;
g) respond to BEREC's justified requests for information;
g) case-by-case verification of compliance, as referred to in letters “a” and “b” of paragraph 1 of this article, and information regarding the publication of comparative tables, clearly defined statistical reports or for research purposes, market analyses, efficient use and effective provision of spectrum management and numbering resources, assessment of future network or service developments, carrying out geographic coverage surveys, if responding to information requests from BEREC, as defined in letters “c” to “f” of paragraph 1 of this Article, and is not required as a precondition for market entry;
h) statistical purposes arising from agreements between the Republic of Albania and international organizations.
2. With regard to the rights of use for the radio spectrum, The information referred to in point 1 pertains specifically to the effective and efficient use of the radio spectrum, as well as compliance with any coverage and quality-of-service obligations attached to the rights of use for the frequency spectrum and their verification.
3. AKEP requests that entrepreneurs provide the information mentioned in paragraph 1 of this article and informs them of the specific purpose for which this information is used.
4. AKEP and the ministry cooperate to avoid duplicating requests for information that has already been made available to them.
Article 43
Observations on the geographic distribution of the network
Within three years of the entry into force of this law, AKEP shall conduct a survey of the geographic coverage of electronic communications networks. broadband, which is subsequently updated regularly, at least every three years. To fulfill this obligation, AKEP cooperates with the ministry and other competent authorities.
2. Geographic observation of the current geographic distribution of networks broadband in the territory of the Republic of Albania includes the information necessary for carrying out the regulatory tasks of AKEP, in accordance with this law, as well as the information required for the application of state aid rules. The information collected for geographic monitoring is detailed at the local level and includes sufficient information on service quality. This information is handled in accordance with the provisions of paragraph 9 of Article 41 of this law.
3. The geographic observation, as set forth in paragraph 1 of this article, also includes an assessment of the future expansion of networks. broadband, including forecasts for very high capacity networks, for a period of time determined by AKEP, which is no more than 3 years. This assessment includes all relevant information on the plans made by any operator or by a public authority for the deployment of very high capacity networks, as well as for significant network upgrades or expansions, which ensure the speed “download”at least 100 Mbps.
4. Entrepreneurs and public authorities shall provide AKEP and the minister, upon request, with information on network deployment forecasts to the extent that it is available and can be provided with reasonable effort.
5. Based on the geographical survey conducted, including the information gathered on network expansion plans, the minister, based on AKEP's proposal, designates an area with clearly defined territorial boundaries, where, during the relevant period, no operator or public authority is expected to have deployed or plan to deploy a very high-capacity network or to carry out significant network upgrades or expansions, which provides a speed of at least 100 Mbps. Information on the areas defined above is published on the official websites of AKEP and the ministry.
6. Within a given area, AKEP invites entrepreneurs and public authorities to declare their intention to deploy very high-capacity networks during the relevant forecast period. After a declaration of intent by an operator or public authority, the relevant authority, in order to coordinate civil works, requests other operators and public authorities to declare any intention to deploy very high capacity networks to significantly improve or expand their network, with performance of at least 100 Mbps in this area.
7. AKEP, after obtaining the minister's opinion, specifies the information to be included in these statements to ensure a minimum level of detail, such as that taken into account in any forecast, in accordance with paragraph 1 of this article. AKEP, based on the information collected in accordance with paragraphs 1 and 3 of this article, informs any operator or public authority that expresses its interest whether the designated area is covered or is likely to be covered by a network offering speeds below 100 Mbps.
8. In the procedures conducted under this Article, AKEP ensures an efficient, objective, transparent, and non-discriminatory process in which no operator is precluded from participation.
9. The Ministry or other competent authorities of local or central government, within their area of competence, when carrying out investments with public funds for the deployment of electronic communications networks, take into account the results of the geographic survey and of any designated area, in accordance with paragraphs 1 to 7 of this article. The results of the geographic survey and of any designated area, pursuant to this article, are taken into account by the minister and AKEP during the drafting or revision of the national plan of broadband-it, in determining the coverage obligations that accompanied the rights to use the radio frequency spectrum, as well as in verifying the availability of universal services.
10. AKEP or, as the case may be, the ministry shall provide these results to the requesting authority, ensuring the same level of commercial confidentiality as the authority of origin, and shall inform the parties that provided the information. These results shall also be made available to the Council of Ministers. These results may be made available to BEREC and the Commission upon their request.
11. If the relevant information is not public, the AKEP, based on the applicable law on open data and the reuse of public information, makes accessible the data from geographic surveys that are not subject to commercial confidentiality, enabling end users to determine connectivity availability in different areas at a detailed level, which is useful for supporting their choice of operator or service provider.
12. The AKEP makes the information, in accordance with paragraph 11 of this article, available also through the Centralized Information System for Electronic Communication Networks, as defined in Law No. 120/2016, “On the development of high-speed electronic communications networks and the securing of the right of way.”.
13. In implementing this article, the minister, after consulting with AKEP and interest groups, issues a directive for the implementation of the obligations under this article, harmonized with EU practices, as well as with BEREC's relevant guidelines on geographic surveys.
Article 44
Consultation and Transparency Mechanism
1. Except in cases covered by Articles 47 and 48 of this law, when AKEP intends to take measures in accordance with this law, or when it intends to provide for restrictions in accordance with Article 62 of this law, which have a significant impact on the relevant market, During the process of preparing regulatory documents for the electronic communications market and before adopting decisions, AKEP obtains and evaluates the opinions of interested parties through the public consultation process. The duration of the public consultation process cannot be less than 30 days, except in extraordinary circumstances.
2. AKEP is the sole source of information throughout the regulatory document consultation process and publishes all national consultation procedures on its website. Public consultations conducted by the minister are carried out in accordance with the public consultation law and are entered into the Public Consultations Register.
3. The results of the consultation procedure must be made available to the public, except for confidential information, in accordance with applicable trade secret legislation.
4. To coordinate and harmonize the implementation of the spectrum policy, AKEP informs the RSPG at the time of publication of any draft measure falling within the scope of competitive selection procedures under this law, related to the harmonized use of the radio spectrum, which enables its use for wireless electronic communications networks capable of providing networks broadband.
Article 45
Consultation with stakeholders
1. The AKEP, in cooperation with other authorities, takes into account the views of end users, in particular consumers and end users with disabilities, manufacturers and entrepreneurs providing electronic communications networks or services on matters related to all end-user and consumer rights, including ensuring equal access and the right to choose for end users with disabilities, in relation to publicly available electronic communications services, particularly where they have a significant market impact.
2. The AKEP, in cooperation with the body responsible for the protection of persons with disabilities, establishes a consultation mechanism, accessible to end users with diverse abilities, ensuring that in their decisions on matters related to end user and consumer rights concerning publicly available electronic communications services, due consideration is given to the interests of electronic communications consumers.
3. Stakeholders, including consumers, user groups, and service providers, under the direction of AKEP, develop mechanisms to improve the overall quality of service delivery, among other things by developing and monitoring codes of conduct and operating standards.
4. AKEP and, as the case may be, AKEP and the AMA encourage cooperation between undertakings providing electronic communications networks or services and sectors interested in promoting content that advances cultural and media policy objectives, such as cultural and linguistic diversity and media pluralism. This cooperation also includes the coordination of information of public interest, which must be provided in accordance with point 8 of Article 142 of this law.
Article 46
Out-of-court dispute resolution
1. AKEP resolves disputes between providers and end users, including consumers, relating to the enforcement of contracts, based on consumer protection legislation.
2. The end user has the right to file a complaint or request explanations from the provider regarding the terms of the contract or the provider's fulfillment of those terms, including the invoice and the quality of the service provided.
3. Upon receipt of the request, the provider shall respond to the end user in writing no later than 30 days after receiving the end user's request.
4. If the end user does not agree with the provider's written response or does not receive a response from the provider, he has the right to request the initiation of dispute resolution procedures before AKEP or to file a petition with the competent court in accordance with the Civil Procedure Code.
5. The end user submits a written request to AKEP within 30 days of the expiration of the deadline specified in paragraph 3 of this article. AKEP shall resolve the dispute in a transparent, swift, objective, and non-discriminatory manner within 60 days of receiving the request. This deadline may be extended by AKEP for a period not exceeding an additional 30 days.
6. Entrepreneurs providing electronic communications services participate in dispute resolution procedures and cooperate with AKEP in resolving disputes, as well as provide it with all requested information.
7. After reviewing all available evidence, AKEP issues a written recommendation to the end user and the operator on how to resolve the dispute. If both parties, the user and the entrepreneur, accept the recommendation in writing within 15 days, it becomes final and binding. Otherwise, each party may refer the dispute to the competent court, in accordance with applicable law.
8. AKEP determines the procedures and the relevant structure for dispute resolution by regulation. The procedure followed by AKEP for dispute resolution is free of charge.
9. When AKEP finds that a specific issue is the subject of multiple dispute resolution requests against a particular operator, it examines whether the operator is properly implementing the complaint handling procedure. If necessary, AKEP requests that the operator improve its complaint-handling procedures.
10. With the aim of resolving disputes, AKEP cooperates with the regulatory authorities of EU countries in coordination with BEREC.
Article 47
Resolution of disputes between entrepreneurs
1. AKEP resolves disputes between operators of electronic communications networks or services in the Republic of Albania when they relate to the enforcement of this law and the regulations issued pursuant to it.
2. AKEP initiates a dispute resolution procedure upon receiving a request from either party to the dispute and issues a decision on the dispute's resolution within a short timeframe, on the basis of clear and efficient procedures and in any case within 4 months, except in exceptional circumstances.
3. AKEP reserves the right to refuse the request for dispute resolution between undertakings when it verifies that there are more effective means to resolve the dispute. AKEP informs the parties of this without delay. If, after 4 months, the dispute has not been resolved and is not the subject of judicial review, Upon the request of either party, AKEP issues a binding decision to resolve the dispute within the shortest possible time and in any event within four months.
4. For resolving disputes, AKEP applies the provisions of the Code of Administrative Procedure, except where otherwise provided by this law. All parties must fully cooperate with AKEP.
5. When resolving disputes, AKEP is required to take into account the objectives set out in Article 5 of this law to ensure effective competition and protect the interests of users as provided in this law. Any obligation imposed by AKEP on undertakings in resolving disputes must be objective, non-discriminatory, and proportionate, in accordance with the provisions of this law.
6. AKEP provides interested parties with a full statement of the reasons on which the decision is based. AKEP publishes decisions related to disputes, while taking into account the protection of the parties' business trade secrets.
7. The procedure provided for in this article does not prevent either party from resorting to the court.
Article 48
Settlement of cross-border disputes
1. In the event of a dispute between an Albanian entrepreneur acting under this law and an entrepreneur from another EU country, paragraphs 2, 3, and 4 of this article shall apply. These provisions do not apply to disputes relating to the coordination of the radio spectrum, which is governed by Article 49 of this law.
2. Either party may submit the dispute to AKEP or the relevant regulatory authorities. When the dispute concerns trade between Albania and the EU Member States, AKEP or the competent regulatory authorities notify BEREC of the dispute in order to reach a sustainable resolution of the dispute, in accordance with the objectives set out in Article 5 of this law.
3. When a notification has been made, in accordance with point 2 of this article, BEREC, within the shortest possible time and in any event within four months, except in exceptional circumstances, issues an opinion inviting AKEP or the relevant authorities to take specific actions to resolve the dispute or to refrain from taking action.
4. The AKEP or the relevant authorities await BEREC's opinion before taking any action to resolve the dispute. In exceptional circumstances, when there is an urgent need to act to protect competition or to safeguard the interests of end users, the AKEP takes provisional measures on its own initiative or at the request of the parties.
5. Any obligation imposed on an operator by AKEP as part of the resolution of a cross-border dispute must comply with this law, take into full account the opinion adopted by BEREC, and be approved within one month of its receipt.
6. The procedure referred to in paragraph 2 of this article does not prevent either party from bringing an action before the court.
Article 49
Coordination of the radio spectrum with neighboring countries
1. AKEP and AMA, in cooperation, ensure that the use of the radio spectrum in the territory of the Republic of Albania does not cause interference, so that no neighboring state is impeded within its territory by the use of the harmonized radio frequency spectrum, especially due to harmful cross-border interference with neighboring countries.
2. The Ministry, in cooperation with AKEP and AMA, takes all necessary measures to comply with its obligations under international law and the relevant international agreements, such as the ITU's Radio Regulations and the ITU's regional radio agreements.
3. AKEP and AMA cooperate with each other and with the ministry and, as appropriate, with the competent authorities of ITU, CEPT or RSPG member states on cross-border relations with neighboring and other countries regarding the radio spectrum:
a) to ensure the use of the spectrum in accordance with paragraph 1 of this article;
b) to resolve any problem or dispute concerning cross-border coordination or harmful cross-border interference with third countries that prevent them from using the harmonized radio spectrum in their territory.
4. For cross-border coordination of the harmonized radio spectrum with Union countries, AKEP coordinates with the competent authorities of the Union countries and, as needed, with the RSPG.
5. To ensure compliance with point 1, in the event of difficulties with cross-border coordination with Union countries, AKEP may request the RSPG's support to address the problem or dispute concerning cross-border coordination or harmful cross-border interference with Union countries. When appropriate, the RSPG may issue an opinion proposing a coordinated solution to such a problem or dispute.
6. When the actions referred to in points 3 and 4 of this Article, as well as when cooperation with the RSPG, pursuant to paragraph 5 of this article, have not resolved the problem or dispute concerning cross-border coordination of the radio spectrum with one or more EU Member States, the Commission is required to adopt a decision on the unresolved issue that prevents the use of the harmonized radio spectrum in the territory of the Republic of Albania.
7. Implementing acts, in accordance with paragraph 6 of this article, shall be adopted in accordance with the examination procedure set out in paragraph 4 of Article 118 of the European Electronic Communications Code.
8. The Ministry, at the request of AKEP, in the event of difficulties or disputes regarding cross-border frequency coordination with one or more neighboring EU Member States, requests the Commission for legal support, political and technical support to resolve radio spectrum coordination issues with its neighboring countries, including candidate countries for EU membership, so that the EU Member States involved comply with their obligations under EU law and the implementation of EU policies is promoted.
Chapter V
Harmonized Assignment of the Radio Spectrum
Article 50
Notice in RSPG
1. When AKEP initiates a selection procedure in accordance with Article 75 of this law regarding the harmonized radio spectrum to enable its use for networks and services wireless broadband, In accordance with Article 44 of this law, it informs the RSPG of any draft measure related to the comparative or competitive selection procedure under Article 75 of this law.
2. AKEP complies with its obligations to coordinate and cooperate with the CEPT, the RSPG, and the ITU, in accordance with the provisions of this law.
Article 51
Harmonized allocation of the radio spectrum
1. AKEP grants the right to use the radio frequency spectrum if the use of the radio frequency spectrum is harmonized and when the conditions for access and procedures have been agreed upon, and in accordance with international agreements and European Union rules, the operators to whom the frequency spectrum will be assigned have been selected.
2. In the case provided for in point 1 of this article, the AKEP does not impose any further additional condition, criterion or procedure that restricts, modifies or delays the precise implementation of the joint allocation of this radio frequency spectrum, if all national conditions attached to the right to use the said radio spectrum have been met.
Chapter VI
Harmonization Procedures
Article 52
Public electronic communications networks
Public electronic communications networks are built to support public electronic communications services and operate as a nationwide network in the same way for all users, are open to all enterprises, and are integrated into the international network, in accordance with international standards.
Article 53
Standardization
1. Equipment with characteristics and technical specifications in accordance with the applicable national standards is installed in the public electronic communications network.
2. The General Directorate of Standardization, as the national competent body for standardization in the Republic of Albania, drafts, adopts, approves, and publishes Albanian standards harmonized with the standards of European and international standardization organizations, in accordance with the law on standardization.
3. AKEP encourages the use of the standards or specifications mentioned in points 1 and 2 of this article for the provision of services, technical interfaces or network functions, and takes the necessary stringent measures to ensure the interoperability of services, end-to-end connectivity-end-to-end connectivity, facilities for switching service providers and the portability of numbers and identifiers, and to improve freedom of choice for users.
4. In the absence of standards published pursuant to paragraph 2 of this article, the application of international standards or recommendations, adopted by the International Telecommunication Union (ITU), the Conference of European Postal and Telecommunications Administrations (CEPT), International Organization for Standardization (ISO), International Electrotechnical Commission (IEC) and European Telecommunications Standards Institute (ETSI). Any standard or specification referred to in paragraph 1 of this article, or under this paragraph, shall not prevent the provision of access, in accordance with the requirements of this law, where this is possible.
5. If the standards or specifications mentioned in points 1 and 2 of this article have not been properly implemented and the interoperability of services is not ensured, AKEP takes the necessary stringent measures by making them mandatory to ensure interoperability and enhance freedom of choice for users.
6. The provisions of this article shall not apply to the essential requirements and interface specifications or harmonized standards, as defined by the technical regulation for radio equipment, approved by a decision of the Council of Ministers, in implementation of the law on the trade and market surveillance of non-food products.
Chapter VII
Security
Article 54
Network and service security
1. Providers of public electronic communications networks or of publicly available electronic communications services take appropriate technical, organizational and proportional measures to manage the risks appropriately to the security of networks and services. Taking into account the state of technology, these measures must ensure an appropriate level of security for the risk posed. In particular, measures, including encryption where appropriate, are taken to prevent and minimize the impact of security incidents on users, networks, and other services.
2. Internet access service providers take measures to ensure protection against DDoS attacks to prevent and minimize the impact of security incidents that lead to service denial for users.
3. Providers of public electronic communications networks or public electronic communications services shall without delay notify AKEP and the authority responsible for cybersecurity in the Republic of Albania of the cybersecurity incident that has affected the operation of the networks, systems or services.
4. To determine the significance of the impact of a security incident, where possible, the following parameters should be taken into particular consideration:
a) the number of users affected by the security incident;
b) duration of the security incident;
c) the geographic extent of the area affected by the security incident;
c) the extent to which the operation of the network or service is affected;
d) the extent of impact on economic and social activities.
5. The AKEP informs the authority responsible for cybersecurity in the Republic of Albania of all cybersecurity incidents and, where applicable, informs the European Commission and ENISA in accordance with data protection provisions. AKEP informs the public or asks providers to do so when it determines that disclosing the security incident is in the public interest. AKEP exchanges information regarding the security breach with the European Commission and the European Union Agency for Networks and Information Security, as well as with the competent authorities of other countries, in accordance with the requirements of data protection law for international transfers.
6. Twice a year, AKEP submits to the Council of Ministers and the responsible minister, and, where applicable, to ENISA, a summary report on the incident notifications received and the actions taken in accordance with this point.
7. This article shall be implemented in compliance with the law on the protection of personal data and the provisions of Chapter XIX of this law.
Article 55
Guarantees and security of network suppliers and providers
1. AKEP, as well as other competent security authorities, take appropriate measures to mitigate network security risks from suppliers and network equipment providers, who are considered a significant risk, in accordance with the detailed national risk profile assessment, for all relevant suppliers and providers of 5G or next-generation network equipment for operators.
2. The above-mentioned authorities periodically conduct a detailed risk profile assessment of 5G suppliers and other providers of next-generation network equipment. During the assessment, the following factors will be particularly taken into account:
a) if the suppliers and providers are under the supervision of a foreign government, without independent judicial oversight;
b) if suppliers and providers have publicly accessible information about their founders, business partners, as well as governing and management bodies;
c) if suppliers and providers support innovations and respect copyrights and other related rights, as well as intellectual property rights;
c) if suppliers and providers are transparently funded, in accordance with best practices for procurement, investments, and contract signing;
d) the quality of the supplier's products and cybersecurity practices, including control over the supply chain and whether security practices are given sufficient priority;
dh) if the supplier has obtained EU certification for cybersecurity, such as the network equipment security assurance scheme;
e) cybersecurity incidents related to suppliers;
e) if the supplier complies with the legal requirements for the protection of personal data.
3. The list of critical components and sensitive parts of 5G networks or of next-generation networks of other electronic communication networks is approved by a decision of the Council of Ministers. Upon request of AKEP, network operators are required to submit information and data on critical components and sensitive parts for the 5G network or other next-generation electronic communication networks in accordance with the list of critical components and sensitive parts of 5G networks or of the next generationnext-generation electronic communications networks. For providers or suppliers, for each component and sensitive part of 5G or other next-generation electronic communications networks, the information contains the following data:
a) the country in which the supplier or network provider has its registered office;
b) information about their founders, third parties, as well as governing and management bodies, be accessible to the public;
c) information that supports innovations, respects copyrights and other related rights, as well as industrial property rights;
c) information indicating that the financing is transparent, in accordance with best practices for procurement, investments, and contract award;
d) the quality of the supplier's products and cybersecurity practices, including monitoring the supply chain and whether security practices are given sufficient priority;
d) the supplier has been issued the EU Cybersecurity Certificate;
e) all cybersecurity incidents related to suppliers;
e) the supplier complies with the legal requirements for the protection of personal data.
4. Based on the data submitted pursuant to paragraph 3 of this article, AKEP requests an opinion from the competent authority for cybersecurity protection on whether the suppliers and providers pose a risk to national security.
5. Suppliers and providers that are under the supervision of a foreign government, without independent judicial oversight, will be assessed as posing a significant risk or a threat to national security, in accordance with paragraph 4 of this article, if some or all of the following conditions are met:
a) suppliers and providers do not have publicly accessible information about their founders, business partners, as well as governing and management bodies;
b) suppliers and providers do not support innovations and do not respect copyrights and related rights, as well as intellectual property rights;
c) suppliers and providers are not transparently funded, in accordance with best practices for procurement, investments, and contract award;
c) the quality of the supplier's products and cybersecurity practices, including supply chain and security controls, is not given sufficient priority;
d) the supplier has not obtained the EU cybersecurity certificate;
d) previous cybersecurity incidents related to suppliers;
e) the supplier does not comply with the legal requirements for the protection of personal data.
6. Based on the information provided by the above points of this article, under the coordination of the responsible ministry, AKEP, as well as other state organizations that have the authority and power to ensure a secure and reliable network and interoperability, periodically conduct a detailed national risk profile assessment for all relevant suppliers and providers of critical components and sensitive parts, for a 5G or next-generation electronic communications network, which will be communicated to the relevant interested parties, such as the assessed suppliers and operators in Albania.
7. Within 3 months of the entry into force of this law, the AKEP, in coordination with the responsible ministry and AKCESK, proposes the methodology for assessing the risk profile of suppliers and providers of network equipment, critical components and sensitive parts of 5G or later, the generation of electronic communications networks identified in the list of critical components and sensitive parts of 5G, or other next-generation electronic communications networks to be approved. The methodology for assessing the risk profile of suppliers and network equipment providers is adopted by a decision of the Council of Ministers, following the completion of the public consultation process.
8. In cases where, pursuant to this section, critical components and sensitive parts of 5G networks or next-generation electronic communications networks are identified in the list of critical components and sensitive parts of 5G or next-generation electronic communications networks, are considered to pose an unacceptable security risk, AKEP, after receiving the opinion of the responsible ministry and AKCESK, shall determine by a decision of the Governing Council a reasonable timeframe, as well as a process for managing the removal of these devices, including, where appropriate, an appropriate compensation mechanism.
9. The criteria for determining a foreign government without independent judicial oversight, for the purposes of paragraphs 2 and 5 of this article, shall be established by a decision of the Council of Ministers.
Article 56
Implementation and enforcement
1. AKEP supervises the implementation of Article 54 of this law and, by regulation, details the technical and organizational security measures, in accordance with paragraph 1 of Article 54, for publicly available electronic communications networks and services. AKEP cooperates with the authority responsible for cybersecurity in the Republic of Albania for the adoption of binding guidelines, including the necessary measures to remedy a security incident or prevent one from occurring, even if implementation is time-limited for providers of publicly available electronic communications networks or electronic communication services.
2. AKEP is authorized to investigate cases of non-compliance and their effects on the security of networks and services.
3. Electronic communications operators are required to submit to AKEP:
a) the information necessary for the assessment of the security of their networks and services, including documented security policies;
b) have a security audit conducted by a qualified, independent body or by a competent authority and make the audit results available to AKEP. The audit costs are covered by the contractor.
4. AKEP is competent to obtain assistance from a team to respond to computer security incidents (CSIRT) under cybersecurity legislation.
5. AKEP cooperates with the authority responsible for cybersecurity in the Republic of Albania, based on the applicable cybersecurity legislation, and, as appropriate, with law enforcement authorities and other competent authorities to fulfill the obligations set forth in this chapter.
Chapter VIII
Easement Regulation
Article 57
Right of way
1. The right of way for the construction of electronic communications networks on third-party property is granted to electronic communications operators based on the provisions of the Civil Code of the Republic of Albania and the applicable legislation on securing the right of way.
2. The competent authorities, when reviewing a request for the granting of passage rights:
a) to install equipment on, above, or under public property for an undertaking authorized to provide public electronic communications networks, or,
b) to install equipment in, on, or under public property for an undertaking authorized to provide electronic communications networks other than public ones,
act on the basis of simple, efficient, transparent procedures, non-discriminatory and publicly available, applied without discrimination and without delay, in accordance with the deadlines set out in the applicable legislation for the development of high-speed electronic communications networks and the provision of the right of way.
3. The competent authorities for granting transit rights, in the case where they hold ownership or control of undertakings that provide public electronic communications networks or electronic communications services to the public, ensure the effective structural separation of the function responsible for granting the rights referred to in paragraph 1 of this Article from activities related to ownership or control.
Article 58
Sharing and joint use of network elements and associated facilities for electronic communications network providers.
1. When an electronic communications operator exercises the right under this law or under Law No. 120/2016, “On the Development of High-Speed Electronic Communications Networks and the Assurance of the Right of Way,” to install facilities in, on, or under public or private property or has benefited from a procedure for the expropriation or use of property, AKEP itself or, as the case may be, in cooperation with other competent authorities, as specified in Article 3 of Law No. 120/2016, “On the Development of High-Speed Electronic Communications Networks and the Provision of the Right of Way”", imposes co-location and co-sharing of network elements and accompanying facilities installed on this basis to protect the environment, public health, public safety, or to meet urban planning objectives.
2. Co-location or co-sharing of installed network elements and equipment or the co-sharing of property is determined only after a public consultation process during which all interested parties are given adequate time and opportunity to express their views and only for specific areas, where a request for co-use is deemed necessary in order to meet the objectives set out in the first subparagraph. AKEP or another competent authority shall decide on the co-use of network facilities or assets, including land, buildings, entrances to buildings, building electrical installations, poles, antennas, towers and other supporting structures, ducts, manholes, cabinets or measures that facilitate the coordination of public works.
3. In implementing the provisions of this article and based on the objectives set out in Article 5 of this law, AKEP is required to:
a) the coordination of the process provided for in this article;
b) to act as a single point of information;
c) the establishment of rules for allocating the costs of shared use of network or property facilities and for coordinating civil works.
4. The measures taken by AKEP, in accordance with this article, must be objective, transparent, non-discriminatory, and proportionate.
Chapter IX
Access to the Radio Frequency Spectrum
Section 1
Authorizations
Article 59
Frequency spectrum allocation
1. The radio frequency spectrum is a limited natural resource and a public good that has significant social, cultural, and economic value. The management of the spectrum must ensure its fruitful and effective use for electronic communications networks and services, in accordance with Articles 5 and 7 of this law, as well as with the relevant decisions of international organizations and the obligations arising from the conventions or agreements to which the Republic of Albania is a party.
2. Radio frequency allocation is based on the National Frequency Plan and any amendments thereto, approved by the Council of Ministers upon the minister's proposal, on the basis of objective, transparent, pro-competitive, non-discriminatory, and proportional criteria.
3. The National Frequency Plan is drawn up in accordance with the ITU's radio regulations and the Common European Table of Allocations adopted by the CEPT. The National Frequency Plan covers radio communication services for the respective bands. To ensure efficient and interference-free use of radio frequencies, the National Frequency Plan includes guidelines for frequency use as well as detailed definitions.
4. The drafting of the National Frequency Plan is carried out by the ministry in cooperation with other competent institutions specified in Article 60 of this law.
Article 60
Radio spectrum management
1. The radio frequency spectrum is administered by:
a) The Electronic Communications and Postal Authority for specified frequency bands for civilian purposes, excluding frequency bands designated for radio and television broadcasting.;
b) The Audiovisual Media Authority for the specific frequency bands for radiotelevision broadcasts according to the National Frequency Plan;
c) The Ministry of Defense, the Ministry of the Interior, and the State Intelligence Service for the frequency bands designated for governmental purposes, national defense, and civil order.
2. In implementing this article, AKEP, AMA and other competent authorities shall respect the relevant international agreements, the ITU radio regulations and other agreements adopted as applicable to the frequency spectrum, and shall take public policy considerations into account.
3. The AKEP promotes the harmonized use of the radio frequency spectrum by electronic communications networks and services in the Republic of Albania to ensure its effective and efficient use, increasing benefits for users through competition, economies of scale, and interoperability of networks and services. AKEP, in accordance with Articles 5 and 7 of this law, among other things:
a) promotes the coverage of wireless networks with very high capacity throughout the territory and population of the Republic of Albania, including the main national and European transport routes and, where applicable, the trans-European transport networks;
b) facilitates the rapid development in the Republic of Albania of new wireless communication technologies and applications, including, where appropriate, an intersectoral approach. AKEP ensures that all types of technology used to provide electronic communications networks or services are deployed in the frequency spectrum available for electronic communications services, in accordance with the National Frequency Plan;
c) ensures predictability and sustainability in the granting, renewal, modification, restriction, and revocation of rights to use frequency spectrum, with the aim of promoting long-term investments;
c) ensures the prevention of harmful cross-border or domestic interference in accordance with Articles 49 and 66 of this law, by taking appropriate preventive and corrective measures for this purpose;
d) promotes the shared use of the radio frequency spectrum between similar or different radio frequency spectrum uses in accordance with the principles of competition;
dh) follows the coverage with broadband wireless throughout the entire territory and population of the Republic of Albania, with high quality and speed, including coverage of the main national transport routes and the trans-European transport networks;
e) applies the most appropriate and least burdensome authorization system possible, in accordance with Article 66 of this law, in such a way as to maximize flexibility, sharing, and efficiency in the use of the radio spectrum;
e) applies the rules for the granting, transfer, renewal, modification, and removal of rights of use for the radio frequency spectrum, which are clearly and transparently defined to ensure regulatory security, sustainability, and predictability;
f) monitors predictability and consistency throughout the Republic of Albania regarding the method of authorizing the use of radio spectrum for the protection of public health, taking into account the Albanian law on electromagnetic radiation.
Article 61
Market demand
1. In the event of a lack of demand in the national or regional market for the use of a frequency band for which implementing technical measures have been approved, in accordance with EU spectral policies and practice for the harmonized use of frequencies, AKEP may allow an alternative use of all or part of that frequency band, including existing use, in accordance with the provisions of Article 62 of this Law, provided that:
a) the finding of a lack of market demand for the use of this band is based on the results of a public consultation, in accordance with Article 44 of this law, including a long-term assessment of market demand;
b) such alternative use does not prevent or hinder the availability or use of such a belt in neighboring countries; and
c) takes into account the long-term availability or use of such a band and the benefits of economies of scale for devices resulting from the harmonized use of the frequency spectrum in the Republic of Albania or, where applicable, in the European Union.
2. Any decision to allow alternative use on an extraordinary basis is subject to regular periodic review. In any case, upon receipt of a duly justified request addressed to the competent authority by a potential user for the use of that band in accordance with the applicable technical measures, the review will be carried out immediately.
Article 62
Limitations
1. Notwithstanding the provisions of paragraph 3 of Article 60 of this Law, AKEP provides for proportionate and non-discriminatory restrictions on the types of radio network or wireless access technology used for electronic communications services, where necessary, to:
a) the avoidance of harmful interferences;
b) the protection of public health against electromagnetic fields, taking into account the maximum assessment as defined in national legislation;
c) ensuring the technical quality of the service;
c) to ensure the maximization of the use of the radio spectrum;
d) the protection of the efficient use of the radio spectrum; or
d) ensuring the fulfillment of the public interest objective, in accordance with paragraph 3 of Article 66 of this law.
2. The National Frequency Plan and the frequency usage plan provide for proportional and nondiscriminatory restrictions on the types of electronic communication services offered when necessary to ensure the achievement of general objectives, such as:
a) compliance with the requirements of the ITU's radio regulations;
b) the security of life;
c) promotion of social, regional, or territorial interaction;
c) preventing the inefficient use of radio frequencies; or
d) the promotion of cultural, linguistic, and media diversity through the provision of radio and television broadcasting services.
3. AKEP regularly reviews the necessity of the restrictions mentioned in points 1 and 2 of this article, and makes the results of these reviews public. A restrictive measure on the provision of an electronic communications service in a specific frequency band may be imposed only in cases justified by the protection and safety of life and services. AKEP may propose a review of the restrictions in order to fulfill public interest objectives, in accordance with applicable legislation.
Article 63
The plan for the use of radio frequencies
1. AKEP drafts the plan for the use of available radio frequencies.
2. The plan for the use of radio frequencies is prepared in accordance with the provisions and guidelines of the National Frequency Plan and specifies the subbands for various radio communication services, taking into account the parameters and technical conditions for frequency use.
3. AKEP, in the public interest, considers the use of the radio frequency spectrum for the provision of universal service and public electronic communications services a priority.
4. AKEP publishes the radio frequency usage plan, the conditions, procedures, and applicable fees related to the use of the radio frequency spectrum and regularly updates this information.
5. Information on the reserved frequency bands that use the radio frequency spectrum for the security purposes of the Ministry of Defense, the Ministry of the Interior, and the State Intelligence Service is not made public.
6. AKEP issues a regulation to determine the methods for creating call signs, codes, and identification numbers, their use, and the types of radio communication services for which they are used.
7. AKEP determines the technical conditions and operation of amateur radio communication services in accordance with the ITU Radio Regulations.
Article 64
Frequency spectrum monitoring
1. AKEP monitors the use of the frequency spectrum assigned in the National Frequency Plan in order to:
a) the use of frequencies shall comply with the applicable legal and regulatory framework, in accordance with the conditions of authorization;
b) the frequency spectrum shall be used only by authorized users in accordance with the provisions of this law;
c) to create an appropriate environment free of harmful interference for the operation of radio transmission systems and stations that will be used for private or public purposes.
2. AKEP cooperates in monitoring frequencies if such a request comes from other institutions charged by this law with the administration of the frequency spectrum.
3. Frequency monitoring is carried out in accordance with the relevant regulation drafted by AKEP.
4. Frequency monitoring can also be carried out at the request of entities holding an authorization issued by AKEP.
Article 65
Management of satellite orbits and associated frequencies
1. The geo-stationary or non-orbital positions of satellites and the associated frequencies that have been granted or assigned to the country are national assets of national value and social and cultural significance, the management of which is carried out by the state.
2. The allocation of state rights to satellite orbits and the associated radio frequencies for space stations, which have been assigned to the country according to a plan of the International Telecommunication Union, is carried out through a competitive process.
3. The rules for the competitive process, in accordance with this article, shall be adopted by a decision of the Council of Ministers, on the proposal of the minister, based on the suggestions of AKEP.
Article 66
Authorization for the use of radio spectrum
1. AKEP promotes the use of the radio spectrum, including shared use, under general authorization, as defined in Article 26 of this law, and restricts the granting of individual rights of use for the frequency spectrum in situations where limiting these rights is necessary to maximize the efficient use of the spectrum and upon request. In all other cases, AKEP determines the conditions for the use of the radio spectrum in a general authorization.
2. When the use of radio frequencies is not subject only to general authorization, pursuant to point 8 of Article 68 of this law, or is subject to a public competition, pursuant to this law, AKEP issues an individual authorization in accordance with the procedures set out in this law, specifying the conditions for the use of radio frequencies. If AKEP receives multiple applications for individual authorizations in the same frequency band, it reviews them in the order in which they were submitted.
3. The determination of the most appropriate authorization regime for the use of the radio frequency spectrum is based on:
a) the specific characteristics of the involved radio spectrum;
b) the need to avoid harmful interferences;
c) the development of reliable conditions for the shared use of the radio spectrum, where appropriate;
c) the need to ensure the technical quality of communications or services;
d) objectives of general interest in accordance with applicable legislation;
d) ensuring the efficient use of the radio spectrum.
4. The issuance of radio frequency authorizations is carried out in accordance with the provisions of the National Frequency Plan and the frequency usage plan, on a non-discriminatory, transparent, and objective basis.
5. Authorizations for the use of radio frequencies are issued by AKEP only if:
a) the purpose of such use is provided for in the National Radio Frequency Plan and the radio frequency usage plan;
b) radio frequencies are available for use;
c) they ensure compatibility with the use of other frequencies;
c) Ensures the applicant's effective and interference-free use.
6. Individual authorization for radio frequency is issued on the basis of an application submitted to AKEP, which must include the following:
a) the name and address of the enterprise;
b) registration data;
c) the entrepreneur's person or point of contact;
c) explanations for the need to use radio frequencies;
d) the technical solutions, particularly the data for the geographic area of use, the radio propagation method, the calculation and determination of the service area, the geodetic data for the transmitter's location, the power, modulation, and type of transmission, antenna system and radio equipment.
7. AKEP shall issue an individual authorization within 30 days from the date of receipt of a completed request in accordance with paragraphs 4 and 5 of this article.
8. AKEP refuses to issue an individual authorization when:
a) the applicant has had a decision on the allocation of radio frequencies revoked within the last five years for violation of the law;
b) the allocation of radio frequencies does not guarantee an efficient use of the radio frequency spectrum;
c) the radio device's signal would cause harmful, unavoidable interference to other radio devices or electrical or electronic systems;
c) granting the authorization would endanger public order or national security.
9. Where appropriate, the AKEP shall consider the possibility of granting authorization for the use of radio spectrum based on a combination of general authorization and individual rights of use, taking into account the possible effects of different combinations of individual rights of use and general authorizations and gradual transfers, from one category to another, on competition, innovation, and market entry.
10. When AKEP and other competent authorities adopt a decision under this article to facilitate the shared use of the radio spectrum, they ensure that the conditions for such shared use are clearly defined. Such conditions facilitate the efficient use of the radio spectrum, competition, and innovation.
11. AKEP issues authorizations for the use of radio frequencies intended for research, measurement, and verification of radio communication devices for a limited coverage area, but for no more than 120 days.
Article 67
Conditions attached to individual rights of use for the frequency spectrum
1. AKEP sets conditions for individual rights to use the radio spectrum in accordance with Articles 28 and 31 of this law, in order to ensure the optimal, effective, and efficient use of the radio spectrum. The conditions attached to the renewal of the right to use the frequency spectrum do not provide unnecessary advantages to the existing holders of these rights.
2. Before granting or renewing these rights, AKEP clearly defines the detailed conditions set out in this section, including, where necessary:
a) requirements regarding coverage and signal intensity, transmission power;
b) the level of use required and the possibility of meeting this requirement through transfer or lease, in order to ensure the implementation of the conditions established under Article 28 et seq. of this law;
c) the technical and operational conditions necessary to avoid harmful interference and to limit public exposure to electromagnetic fields;
c) the duration of the right to use radio frequencies;
d) whether the transfer of rights to use the frequency for that frequency is permitted, as well as the conditions for such a transfer;
d) the respective fees for the assignment and use of frequencies;
e) additional obligations undertaken by a selected bidder through a competitive process, a public tender for the construction of an electronic communications network;
e) obligations related to the acts and international agreements to which the Republic of Albania is a party.
3. The conditions set forth in paragraph 2 of this article specify all applicable parameters, including the duration of the usage rights, failure to comply with which entitles AKEP to revoke the usage right or to impose other measures under this law.
4. AKEP consults and informs interested parties in a timely manner about the conditions attached to individual usage rights before their imposition. AKEP transparently informs interested parties of the assessment criteria for meeting these conditions.
5. When AKEP sets the conditions for individual rights to use radio spectrum, particularly in order to ensure the effective and efficient use of the radio spectrum or to promote coverage, it provides for the following options:
a) the shared use of passive or active infrastructure related to the frequency spectrum;
b) trade agreements for access to roaming;
c) the joint deployment of infrastructure for the provision of networks or services that rely on the use of radio spectrum.
6. AKEP does not prevent the shared use of radio spectrum under the conditions attached to the rights of use for frequency spectrum. The implementation by operators of the conditions attached under this point is subject to competition law.
Section 2
Right of use
Article 68
Granting individual rights to use the radio spectrum
1. Natural or legal persons may use radio frequencies only with the authorization of AKEP, in accordance with the provisions of this law. When necessary, individual rights to use the radio spectrum shall be granted. AKEP grants these rights upon receipt of an application for any undertaking to provide electronic communications networks or services, under a general authorization or by individual authorization, ensuring in all cases the efficient use of these resources in accordance with this law.
2. Individual rights to the use of the radio spectrum shall be granted through open, objective, transparent, non-discriminatory, and proportionate procedures and in accordance with Article 59 and following of this law.
3. Exemption from the open procedures provided for in paragraph 2 of this article shall be granted only when it is necessary to achieve a general interest objective in the provision of radio or television transmission services, in accordance with applicable legislation.
4. The AKEP examines applications for individual rights to use the radio spectrum within selection procedures, applying objective, transparent, proportional, and non-discriminatory eligibility criteria, previously determined and reflecting the conditions that must be attached to such rights. AKEP requests from applicants all the necessary information to assess, on the basis of these criteria, their ability to meet them. In cases where AKEP concludes that an applicant does not meet the established criteria, the application is rejected by a reasoned decision.
5. During the process of granting usage rights, AKEP and other competent authorities determine whether these rights can be transferred or leased by the rights holder and under what conditions.
6. AKEP takes all necessary measures when frequencies are used in violation of this law and the relevant regulations and without the authorization granted under this law.
7. No authorization from AKEP is required for radio frequencies used in accordance with the National Radio Frequency Plan for defense and national security purposes.
8. Certain frequencies may be used without authorization, under the conditions of general authorization, in accordance with the provisions of this law, as well as in accordance with the international rules and obligations accepted by the Republic of Albania.
9. Upon receipt of a completed application for the assignment of frequency usage, AKEP shall decide as soon as possible after receiving the completed application and within six weeks whether, according to the National Radio Frequency Plan, the frequency spectrum is available for electronic communications services. AKEP's decision is communicated and made public on the institution's website.
10. The time limit set forth in paragraph 9 of this article does not preclude the application of the procedures provided for in Articles 75 and 76 of this law, nor the application of international agreements concerning the use of the radio spectrum or orbital positions.
Article 69
Duration of rights
1. AKEP determines the duration of the individual authorization for the use of frequencies granted in accordance with this law, for a limited period of time, taking into account the assurance of market competition, the effective and efficient use of the frequency spectrum, the promotion of innovation and efficient investments, and an appropriate period for the return on investments in light of the objectives, in accordance with Article 75 of this law.
2. In granting individual authorizations for the use of the radio frequency spectrum for which harmonization conditions with technical enforcement measures have been established under this law, with the aim of enabling its use for electronic communications services. broadband portable, wireless, for a limited period, AKEP ensures regulatory predictability for rights holders for a period of at least 20 years with respect to the conditions for infrastructure investments that rely on the use of these frequencies, taking into account the requirements set out in paragraph 1 of this article. The forecasts provided for in this article are subject, where necessary, to any modification of the conditions attached to these rights of use, in accordance with Article 37 of this law.
3. The duration of individual authorizations for the rights of use, mentioned in point 2 of this article, is at least 15 years and includes, when necessary, in accordance with point 1 of this article, an extension of the term of the rights of use for 5 years, as specified in this article.
4. AKEP transparently makes available to all interested parties the general criteria for extending the term of use rights under this point before granting the use rights, as part of the conditions set out in Article 75 of this law.
5. The general criteria set forth in paragraph 4 of this article relate to:
a) the need to ensure the effective and efficient use of the radio spectrum in question, the objectives set out in Article 5 of this law, or the need to fulfill objectives of general interest related to the protection of human life, public order, public safety, or defense; and
b) the need to ensure fair competition.
6. Two years before the expiration of the initial term of an individual right of use, AKEP conducts an objective, transparent, and forward-looking assessment of the general criteria set out for extending the duration of the right of use and the provisions under paragraph (c) of point 3 of Article 60 of this law.
7. Provided that AKEP has not initiated any administrative proceedings for non-compliance with the conditions of the rights of use, pursuant to this law, AKEP extends the validity of the term of the right of use if it does not conclude that the extension of the term does not comply with the general criteria set out in paragraph 5 of this article. Upon completion of the assessment, AKEP notifies the rights holder whether the term extension will be granted or not at least one year before the authorization's expiration date.
8. If the term extension is not approved and the holder of the right of use has not expressed a position on the extension of validity, after a period of at least 3 months has passed from the notification in accordance with point 7 of this article, AKEP reallocates the spectrum band in accordance with the provisions of this law. The above provision does not prejudice the provisions of Articles 37 and 181 et seq. of this law.
9. AKEP may waive paragraphs 2 through 8 of this article in the following justified cases:
a) in geographically isolated areas where access to high-speed networks is severely limited or lacking, and where this is necessary to ensure the achievement of the objectives set out in paragraph 3 of Article 60 of this law;
b) at the request of the rights holder for short-term projects;
c) for experimental use;
c) for radio spectrum uses that, in accordance with Article 62 of this law, may coexist with services. broadband wireless; or
d) for alternative use of the radio spectrum in accordance with Article 61 of this law.
10. The AKEP may adjust the term of use of rights under this article to ensure their simultaneous expiration in one or more frequency bands only in cases where re-designation or reallocation of the rights simultaneously increases the efficiency of spectrum use.
Article 70
Renewal of radio frequency authorizations
At the request of the authorization holder, the authorization's validity may be extended only if, at the end of its term, all conditions prescribed for the use of radio frequencies have been met.
2. Requests for the renewal of the validity of radio frequency authorizations shall be submitted no earlier than 30 days and no later than 90 days before their expiration. In cases where spectrum is allocated for use through a public auction, the application for renewal may be submitted no earlier than five years and no later than one year before its expiration.
3. In the event of renewal, AKEP issues a new authorization for radio frequencies, with a duration in accordance with the provisions of Article 69 of this law.
4. The rules and procedures for the renewal of individual authorizations, granted through a public competition and for which the number of rights is limited, are approved by a decision of the Council of Ministers, on the proposal of the minister, based on the suggestions of AKEP. These rules guarantee an open, transparent, and non-discriminatory procedure and ensure, among other things:
a) to provide all interested parties with the opportunity to express their opinions through a public consultation process, in accordance with Article 44 of this law;
b) a clear statement of the reasons for this possible renewal.
5. The validity of radio frequency authorizations intended for research, measurements, and the certification of radio communication equipment, as well as those intended for special events, cannot be extended.
6. The AKEP and other competent authorities that administer the radio spectrum make available to all interested parties, in a transparent manner, the general criteria for the renewal of usage rights, before granting the usage rights, as part of the conditions provided for in Article 75 of this law. These general criteria relate to:
a) the need to ensure the effective and efficient use of the radio spectrum in question, in accordance with the objectives set out in Article 5 and in paragraph 3 of Article 60 of this law, or the need to fulfill the objectives of general interest related to the protection of life, public order, public security or defense;
b) the implementation of technical measures for the purposes of cross-border harmonization of the radio frequency spectrum;
c) the review of the proper implementation of the conditions attached to the rights of use;
c) the need to ensure fair competition;
d) the need for a more efficient use of the frequency spectrum in light of technological or market developments;
d) the need to avoid severe service interruptions.
7. Before deciding to renew a right-of-use authorization or to conduct a new selection process for the granting of use rights, pursuant to Article 75 of this law, AKEP takes into account any opinion submitted during the consultation process conducted pursuant to the provisions of paragraph 4 of this article, regarding the market demand from operators other than the holder of the right to use frequencies in the relevant band.
8. The decision to renew the rights to use harmonized frequency spectrum may be accompanied by a review of the fees, as well as the terms and conditions attached to the right of use. Where applicable, AKEP shall adjust the fees for the rights of use in accordance with the provisions of Article 21 of this law.
Article 71
Transfer or lease of individual usage rights for the frequency spectrum
1. An operator holding an individual authorization for the use of frequency spectrum may transfer or lease the rights to use the frequencies to another operator, after approval by AKEP, in accordance with the provisions of this law.
2. The transfer of rights to use the radio frequency spectrum is not permitted when those rights were originally granted free of charge or for television broadcasting.
3. An entrepreneur's intention to transfer or lease the rights to use frequencies, as well as the actual transfer, shall be notified to AKEP and made public. In the case of harmonized frequency spectrum, any transfer of usage rights is carried out in accordance with the requirements for the harmonized use of the spectrum.
4. Specific rules for the transfer or lease of frequency usage rights are approved by a decision of the Council of Ministers, on the minister's proposal, based on AKEP's recommendations.
5. The transfer or lease of rights of use for the frequency spectrum is permitted by AKEP when the initial conditions attached to the rights of use are respected.
6. The entrepreneur, the rights holder, and the entity seeking to transfer or lease the rights jointly submit an application to AKEP. In reviewing the request, AKEP ensures that the transfer does not distort competition and verifies whether the entity to which the rights are transferred meets the conditions for using the frequency spectrum.
7. AKEP may refuse to approve the transfer by decision if there are reasonable doubts that the entity seeking the transfer or the lease of the usage rights does not meet the requirements for their use under this law.
8. Without prejudice to the guarantee of fair and effective competition under Article 72 of this law, the transfer or lease of use rights is based on:
a) simple procedures;
b) non-refusal to lease the rights to use frequencies, provided that the rights-holding entity undertakes to remain responsible for fulfilling the initial conditions attached to those usage rights;
c) no refusal of the transfer of rights to use frequencies, except when there is a clear risk that the new holder will not be able to meet the original conditions for the right of use.
9. Any administrative fee imposed on undertakings in connection with the review of an application for the transfer or lease of rights to use frequencies must comply with the principles of Article 18 of this law.
10. The forecasts referred to in paragraph 8 of this article shall not prejudice AKEP's competence to require compliance with the conditions attached to the rights of use at any time, for both the grantor and the grantee of such rights, in accordance with this law.
11. AKEP timely assesses any request to adapt the conditions attached to usage rights and ensures that those rights or the corresponding radio spectrum can be allocated or unbundled in the most efficient manner.
12. AKEP publishes the relevant details regarding individual rights that may be transferred or leased in a standardized electronic format.
Article 72
Competition
1. When granting, modifying, or renewing rights to use frequencies, the frequency spectrum for electronic communications networks and services, AKEP takes into account the promotion of effective competition and the avoidance of competition distortions in the market, in accordance with this law.
2. When AKEP grants, modifies, or renews rights of use for the radio frequency spectrum, it takes the appropriate measures regarding:
a) the limitation of the amount of frequency spectrum for which the right of use is granted to an undertaking or, in justified circumstances, the imposition of conditions on the rights of use in certain bands or in certain blocks of frequency bands, with similar characteristics, such as the provision of access to the wholesale market, roamingnational or regional;
b) the reservation, if appropriate and justified in relation to a specific market situation, of a specific portion of the radio spectrum band or group of frequency bands for new market entrants;
c) the refusal to grant new rights of use for the radio spectrum, or the authorization of new uses of the spectrum in certain bands, or accompanying the granting of new rights of use or authorizing new uses of the radio frequency spectrum to avoid distorting competition from any assignment, transfer, or accumulation of rights of use;
c) the inclusion of conditions prohibiting or imposing conditions on transfers of rights to use the radio spectrum, which are not subject to merger control, when such transfers lead to significant harm to competition;
d) the modification of existing rights in accordance with this law, when necessary, to correct any distortion of competition resulting from any transfer or accumulation of radio spectrum usage rights.
3. AKEP takes into account market conditions and available standards, and bases its decision on an objective and forward-looking assessment of the market's competitive conditions, whether these measures are necessary to maintain or achieve effective competition, as well as the possible effects of these measures on existing or future investments by market operators, particularly with regard to network rollout, in accordance with the provisions of paragraph 2 of Article 90 of this law. In implementing paragraph 2 of this article, AKEP acts in accordance with the provisions of Articles 37, 40, 44, and 50 of this law.
4. With regard to decisions under this article that impact competition in the electronic communications market, AKEP obtains a prior opinion from the Competition Authority.
Section 3
Procedures
Article 73
Timely coordination of appointments
1. The AKEP cooperates with the competent authorities of the Union countries to coordinate the harmonized use of the radio spectrum for electronic communications networks and services, taking into account the situation of the respective markets for the identification of one or, where appropriate, the same deadlines, for the granting of authorizations for the use of specific harmonized frequency spectrum.
2. When the conditions for the harmonization of the radio spectrum have been met in accordance with EU technical measures and practice, with the aim of enabling the use of the frequency spectrum for networks and services. broadband For wireless devices, AKEP authorizes their use as soon as possible. The maximum deadline is 30 months after the approval of this measure or as soon as possible after the revocation of any decision permitting alternative use on exceptional grounds, in accordance with Article 61 of this law.
3. The period provided for in paragraph 2 of this article for a specific belt may be extended under the following circumstances:
a) to the extent justified by a restriction on the use of that belt, based on the objective of the general interest provided for in Article 62 of this law;
b) in the case of unresolved cross-border coordination issues resulting in harmful interference with third countries;
c) for the preservation of national security and defense; or
c) in the event of force majeure.
AKEP reviews this delay at least every two years.
4. AKEP extends the deadline provided in point 2 for a specific band to the extent necessary and for up to 30 months in cases of:
a) unresolved issues of cross-border coordination resulting in harmful interference, provided that AKEP takes all necessary measures in a timely manner, in accordance with Article 49 of this law;
b) the need to ensure and the complexity of ensuring the technical migration of existing users of that band.
5. In the event of delays in the process provided for in points 3 and 4 of this article, AKEP informs the regulatory authorities of other cross-border countries, as well as the European Commission, providing the reasons for the delays.
Article 74
Timing coordination for specific 5G bands
1. For terrestrial systems capable of providing services broadband mobile, wireless, the AKEP within 6 months of the entry into force of this law and, when necessary to facilitate the deployment of 5G, takes all appropriate measures to:
a) the reorganization and authorization of the use of sufficient blocks of the 3.4-3.8 GHz band;
b) allowing the use of at least 1 GHz of the 24.25–27.5 GHz band, provided there is clear evidence of market demand and in the absence of significant restrictions on migrating existing users or freeing up the band.
2. AKEP extends the deadline provided in paragraph 1 of this article when justified, in accordance with Article 61 or Article 73 of this law, if it is subject to harmonization with other states.
Article 75
Procedure for limiting the number of usage rights for the frequency spectrum
1. Based on a market assessment, when AKEP determines that demand for a specific frequency band may exceed the availability of frequencies within that band and to ensure their efficient use, conducts a public consultation process with interested parties on the conditions for using this frequency band and the procedure to be applied for its allocation.
2. AKEP is required to conduct the public consultation process and, upon the submission of a request by any interested party for specific frequencies, to do so no later than 30 days after the request is filed. AKEP initiates the public consultation process for specific frequencies that may be subject to limited rights, even at the minister's request.
3. The public notice for consultation includes information on the frequencies to be allocated, the expected number of rights to use the frequencies, and the conditions considered to apply to the granting of the right to use the frequencies. It will also require interested parties to express their views on the market value of the frequencies and on all matters for which AKEP is interested in obtaining the opinions of interested parties. The deadline for submitting opinions shall in no case be shorter than 30 days.
4. AKEP maintains the confidentiality of any proposals made by interested parties regarding the market value of these frequencies.
5. AKEP publishes its opinions and position on the issues raised within 30 days after the deadline for submitting interested parties' opinions in the public consultation process.
6. The AKEP, based on the conclusions according to paragraph 5 of this article, and also taking into account the objectives for promoting competition, coverage, ensuring service quality, efficient use of the frequency spectrum, including authorization conditions and payment levels, as well as promoting innovation and business development, proposes to the minister:
a) the restriction or non-restriction of rights to use frequencies;
b) the date on which the public tender procedure begins, no later than 30 days after the conclusion of the public consultation, in accordance with the legal provisions for this purpose;
c) the number of individual authorizations;
c) the evaluation criteria; and
d) the minimum price for their distribution, taking into account the development of competition, the public interest, consumer protection, market conditions, and the effective use of frequencies.
7. The Minister, no later than 30 days after receiving AKEP's proposal under paragraph 6 of this article, approves the number of individual authorizations, the minimum value for their allocation, and issues the order to initiate the public competition procedure under Article 76 of this law. In any event, the decision to restrict usage rights must be justified.
8. When at the conclusion of the consultation process it is not necessary to limit the number of individual authorizations under this article, and if it does not conflict with the interests of users or with the interest of fostering economic competition, AKEP, after obtaining the minister's approval to continue the procedure and to set the minimum value for frequency allocation, proceeds with the procedure for issuing individual authorizations in accordance with Article 68 of this law.
9. The operator selected through the public competition process, in accordance with Article 76 of this law, makes the payment for the allocated frequencies, as determined in the public competition procedure, which is deposited into the state budget.
Article 76
Public procurement procedure
1. Based on the rules approved by a decision of the Council of Ministers, AKEP conducts the public competition procedure for the issuance of individual authorizations for a limited number of frequency usage rights no later than 15 days after approval by the minister, in accordance with paragraph 7 of Article 75 of this law.
2. The start time of the service, the validity period of the authorization, and the number of operators are determined by the minister, while the other conditions are determined by AKEP.
3. By decision of the Council of Ministers, rules are approved for the public competition procedure for granting individual authorizations, which guarantee an open, objective, non-discriminatory, and proportional selection process and include at least the following requirements:
a) providing clear reasons for limiting the number of usage rights;
b) the preliminary phase of participation in a selection procedure;
c) a clear assessment of the economic and technical situation in a competitive process and of the reasons for the potential use of the frequencies, as well as of the measures selected;
c) the publication of the decision on the selection made and the relevant reasons, as well as the conditions attached to the rights of use;
d) the determination of the procedure for applications, including deadlines, as well as whether the right of use will be granted in combination with a general authorization;
d) the establishment of criteria, taking into account the degree of compliance with the requirements set forth in Articles 5, 7, 49, 60, 61, and 62 of this law;
e) providing appropriate timeframes to ensure a fair, open, and transparent procedure for all interested parties. The maximum duration shall not exceed eight months, except for the periods applicable under international agreements on the use of the radio frequency spectrum and satellite coordination.
Chapter X
Installation and Use of Wireless Network Equipment
Article 77
Access to local radio networks
1. The provision of access to a public electronic communications network via radio local area networks (RLAN), as well as the use of the harmonized frequency spectrum to provide this access is subject only to the general authorization conditions applicable to the use of the frequency spectrum, in accordance with Article 66 of this law.
2. Where the provision of access via an RLAN is not part of an economic activity or is not ancillary to an economic activity or a public service that does not depend on the transmission of signals on such networks, any undertaking, public authority or end user providing such access is not subject to the general authorization for the provision of electronic communications networks or services under Article 26 of this law, nor to the obligations concerning end-user rights, specified in Article 151 of this law, or to network interconnection obligations under Title XIII of this law.
3. The provisions of the applicable legislation on electronic commerce are applicable to the provision of network access for simple transmission.“mere conduit’according to this article.
4. Providers of public electronic communications networks or services allow access to their networks via RLANs, which may be located on an end user's premises, provided that the conditions of the applicable general authorization are met and that prior agreement has been made, with the end user's knowledge.
5. AKEP ensures that network or public electronic communications service providers do not unilaterally restrict or prevent end users from:
a) access, at their choice, to RLANs offered by third parties; or
b) mutual or general allowance of access by other end users via RLANs on these providers' networks, including public access to the RLANs of various end users, integrated on the basis of third-party initiatives.
6. End users are allowed to have access, reciprocally or not, to their RLANs by other end users, including accessing the publicly accessible RLANs of different end users integrated with third-party initiatives.
7. Ensuring public access to the RLAN shall not be unduly restricted by:
a) public sector bodies or in public spaces adjacent to premises used by these bodies, when providing access is helpful for the public services offered in those premises;
b) initiatives by non-governmental organizations or public sector bodies to integrate and make RLANs of different end users mutually or more generally accessible, including, where applicable, RLANs in which public access is offered, in accordance with paragraph (a) of this point.
Article 78
Installation and operation of wireless access points in small areas
1. Central and local land-use planning authorities do not unnecessarily restrict the placement of wireless access points in small areas.
2. The Ministry and AKEP, in coordination with the competent authorities, in accordance with paragraph 1 of this article, ensure that any regulation governing the deployment of wireless access points in small areas complies with national standards, and require their publication.
3. The competent authorities, in particular, do not condition the installation of wireless access points in small areas that comply with the characteristics approved under paragraph 5 of this article, subject to any individual urban planning permit or other individual permits previously granted.
4. Notwithstanding paragraph 3 of this article, the installation of wireless access points in small areas, in buildings or areas of protected architectural, historical, or natural value, or when necessary for public safety reasons, shall be carried out with a permit from the competent authority, in accordance with applicable legislation.
5. By decision of the Council of Ministers, technical characteristics such as size, maximum weight, and, where necessary, the establishment of requirements for emission power of radiation for wireless access points in small areas are approved. These requirements do not affect the essential requirements and interface specifications set out by the technical regulation for radio equipment approved by a decision of the Council of Ministers, in implementation of the law on the marketing and market surveillance of non-food products.
6. The AKEP, in cooperation with the minister, ensures that operators have the right of access to any physical infrastructure controlled by public authorities, which is technically suitable for the deployment of wireless access points in small areas or which is necessary to connect such access points to a core network, including street furniture, such as lighting poles, road signage, traffic lights, signs, bus stops and, where applicable, tram stops, metro stations, in implementation of this law and the provisions of the law “On the Development of High-Speed Electronic Communications Networks and the Provision of the Right of Way.”.
7. Public authorities shall fulfill all reasonable requests for access on fair, reasonable, transparent, and non-discriminatory terms and conditions, which shall be made public at a single point of information.
8. Without prejudice to any trade agreement, the deployment of wireless access points in small areas shall not be subject to any payment or fee beyond administrative charges, in accordance with Article 18 of this law.
Article 79
Technical regulations for electromagnetic fields
The placement of wireless access points in small areas complies with the requirements regarding electromagnetic field restrictions set forth in national radiation protection legislation. AKEP cooperates with the authority responsible for radiation protection to enforce standards or limits on electromagnetic fields from electronic communications networks.
Chapter XI
Principles for Access and Interconnection
Article 80
General framework for access and interconnection
1. Operators of public electronic communications networks are free to negotiate among themselves technical and commercial agreements for access or interconnection in accordance with this law.
2. An operator from another country that requests access or interconnection, when it does not provide services and does not own a network in the territory of the Republic of Albania, is not required to be authorized under Article 26 of this law.
Article 81
Rights and obligations for entrepreneurs
1. Undertakings providing public electronic communications networks have the right, even when requested by another operator authorized in accordance with this law, they are obliged to negotiate with each other for interconnection, with the aim of providing public electronic communications services, in order to ensure the provision and interoperability of services.
2. Operators must provide access and interconnection to other operators on terms and conditions consistent with the obligations imposed by AKEP, pursuant to Chapter XIII and Article 92 of this law.
3. An entrepreneur who receives information from another entrepreneur before, during or after the negotiation process for access or interconnection agreements, regardless of the provisions of Article 42 of this law, must use it only for the purpose for which it was provided and must at all times respect the confidentiality of the information received or stored. The undertaking must not pass on the information received to any other party, particularly departments, subsidiaries, or other partners for whom this information could provide a competitive advantage in the market.
4. Every undertaking of electronic communications networks shall, within 30 days of the date of receipt of a request, offer an interconnection offer to other undertakings of public electronic communications networks, to ensure the communication of users, the provision of electronic communications services and the interoperability of services.
5. Notwithstanding the right of undertakings to negotiate freely among themselves, when competition conditions so require, negotiations shall be conducted through a neutral intermediary, with the approval of AKEP. Interested parties shall submit the relevant information to AKEP for documentation.
Chapter XII
Access and Interconnection
Article 82
AKEP's competencies and responsibilities regarding access and interconnection
1. In carrying out the objectives set out in Article 5 of this law, the AKEP encourages and, where appropriate, ensures, in accordance with this law, adequate access and interconnection, as well as the interoperability of services. In exercising its responsibilities, AKEP promotes fair and sustainable competition in the construction of very high-capacity networks, the execution of efficient investments, and innovation for the maximum benefit of end users.
2. AKEP drafts guidelines and makes publicly available the applicable procedures for obtaining access and interconnection, to ensure that small and medium-sized enterprises, as well as operators with limited geographic coverage, can benefit from the imposed obligations.
3. AKEP decides:
a) as necessary, obligations to provide end-to-end connectivity to undertakers subject to general authorization and controlling access to end users, including, in justified cases, an obligation to interconnect their networks;
b) in justified cases and to the extent necessary, obligations on undertakings subject to general authorization and that control end-user access to make their services interoperable.;
c) in justified cases where the end-to-end connection between end users is at risk due to a lack of interoperability between interpersonal communication services, and to the extent necessary to ensure the end-to-end connection between end users, obligations on the respective providers of non-number-portable interpersonnel communication services, who achieve a significant level of coverage and user uptake, to make their services interoperable;
c) to the extent necessary, ensuring end users' access to digital radio services and the relevant supplementary services specified in applicable legislation, and the operators' obligations to provide access to other facilities on fair, reasonable, and non-discriminatory terms.
Article 83
Establishing obligations when end-to-end connectivity is at risk.
1. The obligations set forth in subparagraph (c) of paragraph 3 of Article 82 of this law shall apply only:
a) when necessary to ensure the interoperability of interpersonal communication services and may include proportional obligations on the providers of such services to publish and allow the use of, modification and redistribution of the relevant information by authorities and other providers, or for the use and implementation of standards or specifications established pursuant to Article 53 of this law;
b) when the competent authorities, after consulting with AKEP, have identified a significant threat to the end-to-end interconnection in the territory of the Republic of Albania, or when at least three European countries have taken measures specifying the nature and scope of the obligations that may be imposed.
2. In particular and without prejudice to the provisions of Article 82 of this law, Upon receiving a request deemed reasonable, AKEP imposes access‐granting obligations on networks, cables, and associated facilities within buildings, or up to the first distribution point in buildings when that point is located outside the building. In cases where the retrofitting of such network elements is economically unviable or physically impossible, the obligation to grant access is imposed on providers of electronic communications networks or on owners of cable installations and associated facilities who are not providers of electronic communications networks.
3. The conditions set for granting access include specific rules for access to such network elements and to the associated infrastructure and facilities on the basis of transparency, non-discrimination, and the proportional sharing of access costs, which are regulated, as appropriate, taking into account risk factors.
Article 84
Special cases of extending and limiting access obligations
1. When AKEP, having taken into account, where applicable and based on a market analysis, the obligations for the relevant market, that the obligations imposed in accordance with paragraph 3(a) of Article 82 of this Law are not sufficient to address high economic or physical barriers to replicating an existing or developing market, which significantly limit the competitive outcomes for end users, may extend the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first distribution point to a point that is closer to the end user, capable of supporting a sufficient number of end-user connections to enable sustainable and commercially efficient access for its requesters.
2. When determining the scope of the obligation for access beyond the first distribution point, AKEP takes into account the relevant BEREC guidelines. When justified by technical or economic reasons, AKEP imposes obligations for active or virtual access.
3. The AKEP, in accordance with paragraph (b) of point 3 of Article 82 of this law, does not impose obligations on providers of electronic communications networks when it concludes that:
a) the provider has the characteristics provided for in point 1 of Article 106 of this law, and makes available a similar alternative means to reach end-users, providing access to a very high-capacity network for any undertaking, in a fair manner, on non-discriminatory and reasonable terms and conditions. AKEP extends this exemption to other providers offering access to a very high-capacity network on fair, non-discriminatory and reasonable terms and conditions; or
b) imposing obligations risks the economic or financial sustainability of constructing a new network, especially for small local projects.
4. Notwithstanding the definition in paragraph 3(a) of this Article, AKEP imposes obligations on providers of electronic communications networks that meet the criteria set out in that paragraph where the network in question is financed with public funds.
5. AKEP takes into account the relevant BEREC guidelines and establishes the appropriate criteria for determining:
a) of the first point of concentration or distribution;
b) beyond the origin point, capable of supporting a sufficient number of end-user connections to enable an efficient undertaking to overcome recurring obstacles identified as significant;
c) which network expansions can be considered new;
c) which projects may be considered small; and
d) which economic or physical barriers to duplication are high and insurmountable.
Article 85
Cases for the local provision of services that depend on the use of radio spectrum
1. AKEP imposes on undertakings that provide, or are authorized to provide, electronic communications networks the obligation to share passive infrastructure or the obligation to enter into localized access agreements for roaming, notwithstanding the provisions in paragraphs 1 and 2 of Article 82 of this law, if this is, in both cases, directly necessary for the local provision of services that depend on the use of radio spectrum, in accordance with applicable legislation and provided that no other viable and comparable means of access for end users is made available to any operator on fair and reasonable terms and conditions.
2. AKEP-imposes the obligations referred to in Article 82 of this law only when this possibility is clearly provided for in the granting of rights to use the radio spectrum and when it is justified based on the area subject to these obligations the deployment of infrastructure for the provision of networks or services that rely on the use of radio spectrum, are subject to insurmountable economic or physical obstacles, and therefore access to networks or services by end users is severely limited or lacking. In circumstances where only access to and sharing of passive infrastructure are not sufficient, AKEP imposes obligations for the sharing of active infrastructure.
3. The AKEP, as appropriate, in cooperation with the ministry, takes into account:
a) the need to maximize connectivity throughout the territory of the Republic of Albania, along the main transport corridors, including those that are part of the European corridors, in specific territorial areas, as well as increasing the choice of options and the highest quality of service for end users;
b) efficient use of the radio spectrum;
c) the technical feasibility of shared use and the accompanying conditions;
c) the state of competition, based on infrastructure and services;
d) technological innovations;
d) the primary need to strengthen the incentive for the hosting operator to first deploy the infrastructure.
4. In the event of dispute resolution, AKEP shall require the operator to share the radio spectrum with the host infrastructure operator in the relevant area.
Article 86
AKEP's procedure for imposing access obligations and assessing them
1. The obligations and conditions imposed in accordance with Articles 82, 83, 84, and 85 of this law must be objective, transparent, proportionate, and non-discriminatory. These obligations are applied in accordance with the consultation procedures provided for in Article 44 of this law.
2. The AKEP evaluates the results of these obligations and conditions five years after the approval of the previous measure, adopted in respect of the same operators, and, based on evolving circumstances, assesses whether it is appropriate to withdraw or modify them. AKEP notifies the outcome of its assessment in accordance with the procedures provided for in Article 44 of this law.
3. For the purposes of Articles 82, 83, 84 and 85 of this law, AKEP is authorized to intervene on its own initiative, where justified, to ensure the policy objectives set out in Article 5 of this law, in accordance with this law and in particular with the procedures referred to in Articles 44 and 45 of this law.
4. When as a result of a market analysis conducted, in accordance with Article 90 of this law, AKEP finds that one or more undertakings do not have significant market power in the relevant market, it modifies or withdraws the conditions relating to those undertakings, in accordance with the procedures set out in Article 44 of this law, only to the extent that:
a) access for end users to radio and television broadcasts, transmission channels, and the services specified in accordance with carriage obligations, as defined in Article 87 of Law No. 97/2013, “On Audiovisual Media in the Republic of Albania,” as amended, shall not be adversely affected by such a change or withdrawal;
b) prospects for effective competition in downstream markets, downstream are not adversely affected by such a change or withdrawal in:
i. digital television and retail radio transmission services; and
ii. Conditional access systems and other accompanying facilities.
The parties affected by the change or withdrawal of conditions, in accordance with paragraph 3 of this article, shall be notified in advance during an appropriate notice period. For the impact assessment under letters “a” and “b” of paragraph 4 of this article, AKEP requests information from AMA.
5. AKEP takes BEREC's guidelines, adopted under the European Electronic Communications Code, into full consideration when determining the location of network endpoints.
Chapter XIII
Market Analysis and Sensitive Market Power
Article 87
General provisions
1. Markets that warrant regulation and are subject to regulation, in accordance with the provisions of this law, are markets with high and persistent barriers to entry, of a legal or structural nature, markets that are not oriented toward effective competition, within an appropriate period of time, markets where the mere application of competition law cannot adequately address market failures.
2. The identification of markets, their analysis, and the determination of undertakings with significant market power (FNT) in the respective markets is carried out by AKEP in accordance with Article 90 of this law.
Article 88
Entrepreneurs with significant market power
1. The AKEP determines whether undertakings have significant market power, in accordance with the procedure provided for in Article 90 of this law, and based on the provisions of this article.
2. An entrepreneur is deemed to have significant market power if, alone or together with others, he holds an economic position that enables him to exercise significant expansion, regardless of his competitors, customers, or end users.
3. In assessing significant market power, AKEP is based on the following criteria:
a) the size of the entrepreneur, the size of the entrepreneur in relation to the relevant market, as well as changes over time in his relative position vis-à-vis market players;
b) high barriers to market entry and expected expansion as a result of potential competition;
c) in the countervailing power of buyers;
c) in the development of elasticity between demand and supply;
d) the phases of development of the respective market;
d) technological advantages;
e) any development of sales and distribution networks;
e) economies of scale or economies of scope and density;
f) the degree of vertical integration;
g) the degree of differentiated products;
g) access to financial resources;
h) inspection of infrastructure that cannot be easily replaced;
i) general market conduct, such as: tariffs, marketing policies, restricted services and products, or the imposition of barriers.
4. Two or more undertakings are deemed to have a common dominant position if, even in the absence of structural or other links between them, they operate in the market in such a structure and in such a way that this leads to coordinated behavior, independently of competitors, customers, or end users.
5. To determine the joint dominance of two or more undertakings, AKEP relies, among other things, on the following criteria:
a) the development of market concentration, the distribution of market shares and their temporal changes;
b) barriers to market entry and their effect on potential competition;
c) the effect of the counteraction of purchasing power;
c) the current transparency of the market;
d) the phase of development of the respective market;
dh) homogeneous products;
e) the cost structure;
e) the development of the elasticity of demand and supply;
f) the development of technological innovations and the degree of technological maturity;
g) the lack of excess capacity;
g) informal and other links between market players;
h) punitive mechanisms;
i) the development of incentives for tariff competition;
j) the economic and financial capacity of the entrepreneur.
6. When an undertaking has significant market power in one relevant market, it is assessed that it may also have significant market power in another relevant market that is horizontally, vertically, or geographically linked to the market under analysis, if the links between the two markets are such that they enable the transfer of significant market power from the first market to the other, thereby strengthening the entrepreneur's market power.
Article 89
Procedure for identifying and defining markets
1. AKEP shall determine by regulation the relevant electronic communications markets and the relevant products, which justify regulation and are subject to specific regulation, in accordance with the provisions of this law, the principles of competition law, and the current conditions of the Albanian market, and taking into account the requirements of the sector's specific regulation, as well as the recommendations of the European Union for the relevant markets of products and services, after conducting a public consultation, in accordance with Article 45 of this law.
2. In addition to the markets identified under paragraph 1 of this article, AKEP may decide to identify other markets subject to regulation. beforehand, if the following three conditions are simultaneously met in these markets:
a) verification of the presence of high and insurmountable entry barriers;
b) verification whether a market structure does not tend to move toward effective competition within an appropriate time frame;
c) an assessment of whether the application of only the law in force governing the field of competition is or is not sufficient to adequately address the market failure under consideration.
3. AKEP, in full compliance with the provisions of this law, determines the relevant markets appropriate to the national circumstances, particularly the relevant markets with local, regional, or national geographic scope, within the territory of the Republic of Albania, taking into account, among other things, the degree of competition in infrastructure in those areas, in accordance with the principles of competition law. AKEP, as appropriate, also takes into account the results of the geographic survey conducted in accordance with Article 43 of this law. AKEP conducts the consultation process, in accordance with this law, before determining markets that differ from those identified in the regulations.
Article 90
Market analysis procedure
1. When conducting the analysis of a market included in the list of relevant markets, in accordance with the provisions of paragraph 1 of Article 89 of this law, AKEP takes into account the fulfillment of the conditions set out in letters “a,” “b,” and “c” of paragraph 2 of Article 89 of this law, except in cases where AKEP determines that one or more of these criteria are not met in specific national circumstances.
2. During the analysis process, in accordance with the provisions of point 1 of Article 89 of this law, AKEP, in the absence of regulatory provisions, takes into account expected future developments as follows:
a) market developments that influence the relevant market's tendency toward effective competition;
b) all possible competition concerns at the wholesale and retail levels, regardless of whether the source of these concerns is related to electronic communications networks, electronic communications services or other types of services or applications that are comparable from the end-user's perspective and regardless of whether these restrictions form part of the relevant market;
c) other types of regulations or measures imposed that affect the relevant market or retail markets throughout the relevant period, including, without limitation, obligations imposed in accordance with Articles 58, 81 and Title XIII of this law;
c) the rules established in other relevant markets under this Article.
3. When AKEP concludes that a relevant market does not justify the imposition of regulatory obligations, in accordance with the procedure of paragraphs 1 and 2 of this article, or when the conditions provided for in paragraph 5 of this article are not met, AKEP does not impose or maintain any specific regulatory obligation in accordance with Article 92 of this law. AKEP removes the obligations imposed on the undertaking in the relevant market, ensuring that the parties affected by this decision are notified within an appropriate timeframe.
4. The appropriate time period, as per point 3 of this article, is determined by AKEP by balancing the need for a sustainable transition for the beneficiaries of these obligations and end users, the end user's choice and the need for the regulation not to continue beyond the time required. AKEP may establish specific conditions, as well as notification periods in relation to existing access agreements.
5. When AKEP determines that the imposition of regulatory obligations on a relevant market, in accordance with paragraphs 1 and 2 of this article, is justified, AKEP identifies the undertakings that, alone or together with others, have significant market power in the relevant market, in accordance with Article 92 of this law. AKEPimposes specific regulatory obligations on these undertakings in accordance with Article 92 of this law, or retains or modifies those obligations if they currently exist, when it assesses that the absence of such obligations does not yield the results of effective competition for end users.
6. AKEP conducts the analysis of the respective markets identified in accordance with the provisions of this law on a periodic basis, according to the following deadlines:
a) within five years from the date of AKEP's previous decision on the designation of undertakings with significant market power in a relevant market, as specified in AKEP's regulation;
b) within three years from the date of the amendment of the regulation for the determination of the relevant markets, in accordance with the European Union's recommendations, for markets not previously analyzed;
c) within three years from the date of Albania's accession to the European Union.
7. In exceptional and duly justified cases, the deadline set out in subparagraph (a) of paragraph 6 of this article may be extended by no more than one year. AKEP shall notify the minister of the reasons for the extension of the market analysis deadline at least four months before the deadline expires.
8. If one or more undertakers have been declared FNT in the relevant market and, at the conclusion of the market analysis process, it is determined that there is effective competition in that market, then AKEP decides to maintain, modify, or remove the specific obligations.
9. When it considers that it cannot complete the analysis of the relevant market, identified in accordance with this law, within the time limit specified in point 6 of this article, AKEP may seek advice from BEREC on completing the relevant market analysis and imposing specific obligations.
Article 91
Special monitoring of anti-competitive conduct
1. Designated undertakings with significant market power that provide electronic communications networks and public communications services must not abuse their market position.
2. In cases where AKEP, on its own initiative or following notification from other undertakings or other interested parties, finds that an undertaking with significant market power is abusing its position, submits the case to the Competition Authority, requesting the initiation of the relevant legal proceedings.
Chapter XIV
Access Obligations for Undertakings with Significant Market Power
Article 92
Establishment, modification, or removal of obligations
1. The imposition of obligations on undertakings declared to have significant market power, the amendment, maintenance, or removal of those obligations, as provided for in Articles 93 to 99 and Articles 101 to 104 of this law, shall be made by decision of AKEP- of the undertakings declared to have significant market power, the modification, maintenance or removal of obligations, as provided for in Articles 93 to 99 and in Articles 101 to 104 of this Law, is made by decision of the AKEP after the conclusion of the market analysis procedure and the identification of the undertaking with significant market power in the relevant market. The AKEP decisions are made after the public consultation process, as specified in Articles 44 and 45 of this Law.
2. When an undertaking is determined to have significant power in a relevant market, on the basis of a market analysis conducted in accordance with this law, AKEP, as appropriate, imposes the obligations set out in Articles 93 to 99 and in Articles 101 and 106 of this law. In accordance with the objectives of Article 5 of this law, and based on the principle of proportionality, AKEP chooses the most efficient and least intrusive way to address the issues identified in the market analysis.
3. The AKEP imposes the obligations set out in Articles 93 to 99, 101 and 106 of this law only on undertakings that have been designated as having significant market power, in accordance with paragraph 2 of this article, and without prejudice to:
a) the provisions for access under Chapter XII of this law;
b) articles 58 and 36 of this law, as well as any commitment that the undertaking which acquires the rights of use has made in the context of a process of renewal of the authorization or before the granting of the authorization, or, as the case may be, in response to the call for applications for the rights of use, Articles 135 and 145 of this law and the relevant provisions of Title XIX of this law, which impose obligations on undertakers other than those defined as having significant market power; or
c) the need to fulfill international commitments.
4. In exceptional circumstances, when AKEP intends to impose access or interconnection obligations on undertakings designated as having significant market power, other than those provided for in Articles 93 to 99 and in Articles 101 and 106 of this Law, it must submit a request to the minister. If the minister approves this request, the proposal is sent to the Council of Ministers for a decision authorizing or prohibiting AKEP from taking such measures.
5. The imposition of obligations under this article is based on:
a) the nature of the problem identified by AKEP during the market analysis and, where appropriate, takes into account international requirements, in accordance with Article 186 of this law;
b) proportionality, taking into account, where possible, the benefits and costs;
c) the justification in accordance with the objectives set out in Article 5 of this law; and
c) their placement following a consultation process conducted in accordance with the provisions of this law.
6. With regard to the need to comply with the international commitments mentioned in point 3 of this article, AKEP notifies the European Commission of decisions to impose, amend, or withdraw undertaker obligations, in accordance with the procedure laid down in Article 32 of the European Electronic Communications Code.
7. The AKEP takes into account the impact of new market developments in relation to commercial agreements, including joint investment agreements that affect competitive dynamics. If these developments are not sufficiently significant to warrant a new market analysis, in accordance with Article 90 of this law, AKEP promptly assesses whether it is necessary to review the obligations imposed on the undertaking with significant market power and to amend any previous decision, including the removal of obligations or the imposition of new ones, to ensure that these obligations continue to meet the conditions set out in paragraph 5 of this article. These changes are made only after the consultation process, in accordance with Article 44 of this law.
Article 93
Obligation of transparency
1. AKEP imposes transparency obligations on undertakings with significant market power regarding access and interconnection.
2. AKEP, notwithstanding the provisions of Article 41 of this law, imposes on the undertaking with significant market power obligations to publish information on:
a) financial data;
b) technical specifications;
c) network characteristics;
c) the terms and conditions for offering and use;
d) fees, including any possible discounts.
3. The AKEP also determines the level of detail and the manner of publishing the above information by the undertaking with significant market power.
Article 94
Access agreements
1. An undertaking in the electronic communications network, with significant market power, against which an access obligation has been imposed under Article 98 of this law, must provide other undertakings requesting access to its network with an offer to enable them to provide electronic communications services. The access offer must be submitted without delay, but in any case no later than 15 days from the date of receipt of the request.
2. Access agreements entered into by a public operator of electronic communications networks with significant market power with other undertakings shall be in writing.
3. An electronic communications network operator with significant market power must submit to AKEP the access agreement to which it is a party within 15 days of its conclusion. AKEP publishes the location and time at which the above agreements will be available for inspection by entities requesting access services and facilities.
4. Notwithstanding paragraph 3 of this article, when an operator has obligations under articles 97 or 98 of this law, in relation to wholesale access to network infrastructure, AKEP ensures the publication of a reference offer, taking into full account BEREC's guidelines on the minimum criteria for a reference offer and ensuring that key performance indicators are specified, where appropriate, as well as the relevant service levels, and closely monitoring and ensuring compliance with them.
Article 95
The obligation not to discriminate
1. AKEP imposes on undertakings with significant market power obligations not to discriminate regarding access and interconnection.
2. The non-discrimination obligations in particular ensure that an undertaking with significant market power applies the same conditions, under the same circumstances to other undertakings offering equivalent services, as well as to provide other undertakings with services and information on the same terms and of the same quality as it provides for its own services or for its subsidiaries or partners.
3. AKEP requires undertakings with significant market power to publish a reference offer for access and interconnection. The operator must offer in this reference offer detailed services, a breakdown of the respective offers into constituent elements, in accordance with market needs, and the declaration of the accompanying terms and conditions, including tariffs.
4. AKEP requests and requires changes to the reference access offer in order to fulfill the obligations imposed by this law and its implementing regulations.
Article 96
Obligation to separate accounts
1. AKEP requires undertakings with significant market power to submit detailed cost breakdowns for specific activities related to access and interconnection, in order to prevent unfair cross-subsidization.
2. For this purpose, in particular, undertakings with significant market power in vertically integrated markets are required to make their wholesale and internal transfer tariffs transparent. AKEP determines the format and methodology used for calculation, including the level of detail and the manner in which they will be presented and made available.
3. If AKEP has imposed a specific obligation, pursuant to Articles 93 and 95 of this law, then it requires that, notwithstanding the provisions of Article 41 of this law, the account data, including all information and supporting documents, be submitted upon request in the manner and form specified. AKEP publishes this information if it deems it necessary to promote competition in the market, taking into account legal requirements for safeguarding trade secrets and the functional or operational confidentiality of business.
Article 97
Access to civil engineering works
1. AKEP imposes obligations on the undertaking to meet reasonable requests for access to and use of civil engineering works, including, but not limited to, buildings or access points to buildings, cables in buildings, including antennas, towers and other supporting structures, poles, conduits, conduits, inspection rooms, manholes and cabinets, in situations where a market analysis concludes that the denial of access or access granted on unreasonable terms and conditions has a similar effect of preventing market competition and is not in the interest of the end user.
2. AKEP imposes on an operator the obligation to provide access in accordance with this article, regardless of whether the assets affected by this obligation form part of the relevant market under the market analysis, provided that the obligation is necessary and proportionate to achieving the objectives of Article 5 of this law.
Article 98
Obligations for access to and use of specific network elements and associated facilities.
1. AKEP imposes on undertakings with significant market power the obligation to fulfill requests for access and interconnection, as well as for the use of specific network elements and associated facilities, in particular, in those cases where AKEP assesses that the refusal of access or the unreasonable conditions and terms hinder sustainable competition in the retail market or harm the interests of end users.
2. Entrepreneurs with significant market power are required to take one, some, or all of the following measures:
a) to offer third parties access to specific elements of the network or facilities, including access to network elements that are not active and/or open access to the local loop and subloop,“sub local loop”;
b) to offer special wholesale-level services for resale by third parties;
c) not to revoke access to the facilities once it has been granted;
c) to negotiate in good faith and with goodwill with the entities seeking access;
d) to provide open access to technical interfaces, protocols, or other essential technologies necessary for the interoperation of services or for virtual network services;
dh) to offer co-location or other forms of shared use, including buildings, cable conduits or poles, and towers;
e) to create the necessary conditions to ensure the interoperability of end-to-end services, including facilities for intelligent network services, or roaming-ut in mobile networks;
e) to provide access to functional support systems or similar IT systems Software, necessary to ensure fair competition in the provision of services;
f) to interconnect networks or network facilities;
g) to provide access to support services.
3. In imposing obligations under paragraph 2 of this article, AKEP assesses whether the obligation for access and interconnection is justified and proportionate to the provisions laid down in this law, taking particular account of the following factors:
a) the technical and economic capabilities for the use or installation of competing facilities, with regard to the degree of market development, taking into account the nature and type of interconnection and access in question, including the possibility of accessing other higher-level products, such as pipeline access;
b) expected technological developments that affect network design and management;
c) the need to ensure technological neutrality, by enabling parties to design and manage their own networks;
c) the possibility of providing the proposed access in relation to the available capacities;
d) the initial investment by the owner of the facilities, taking into account the risk involved in making the investment;
d) the need to ensure long-term competition in public electronic communications networks and services and, in particular, by creating incentives for efficient investment in facilities, which in the long term ensure greater competition;
e) where appropriate, all intellectual property rights;
e) the provision of pan-European services.
4. When an operator demonstrates that the use of a facility may jeopardize the maintenance of network integrity or network functions, AKEP shall not impose an obligation on that facility or shall impose the obligation in another form. The maintenance of network integrity and the security of network functions must be justified by the operator based on objective standards.
Article 99
Obligation to monitor tariffs and the accounting system
1. In accordance with Article 92 of this law, when after conducting a market analysis AKEP finds that effective competition is lacking in the market, which means that the operator declared to have significant market power has applied unreasonably high or unreasonably low tariffs, to the detriment of end users, AKEP imposes on the undertaking with significant market power an obligation regarding cost coverage and price control, including obligations for cost-orientation of prices, as well as regarding the accounting system for the provision of specific types of access or interconnection.
2. In determining whether price control obligations are appropriate, AKEP takes into account the long-term interests of end users and the promotion of competition, assessing the need to build next-generation networks and, in particular, very high-speed, high-capacity networks. To encourage operator investments, including next-generation networks, AKEP takes into account the investment made by the operator.
3. When AKEP deems price control obligations appropriate, it will allow operators a reasonable rate of return on employed capital, taking into account any risks specific to a particular new investment network project.
4. AKEP shall assess whether not to impose or to maintain the obligations specified in this article, when it is proven that compelling circumstances exist for the determination of the retail price and that the imposition of obligations in accordance with articles 93 to 98 of this law, including in particular the obligation under Article 95 of this law, guarantees the provision of effective and non-discriminatory access.
5. When AKEP deems it appropriate to impose a price control obligation for access to existing network elements, it takes into account the benefits of setting wholesale prices that are sustainable and predictable to ensure efficient market entry and that there are sufficient incentives for all operators to build and upgrade electronic communications networks.
6. AKEP ensures that any cost-recovery mechanism or the methodology chosen for price determination serves to promote the deployment of new networks and the expansion of existing ones, efficiency, and sustainable competition, as well as sustainability in maximizing end-user benefits. In this process, AKEP also takes into account prices available in markets with similar competition.
7. When an entrepreneur has the obligation to orient prices toward costs, the burden of proof that the rates are cost-based, including a reasonable rate of return on investment, lies with that entrepreneur. In order to calculate the cost of providing efficient services, AKEP uses cost calculation methods independent of those used by the operator. AKEP requires the operator to provide a full justification for its prices and, where appropriate, when it deems it reasonable, requests price adjustments.
8. AKEP ensures that, when it decides to apply a cost calculation model to enable price control, a description of this model is made available to the public, showing at least the main categories into which costs are grouped and the rules used for cost allocation. A qualified independent body has the right to carry out compliance verification of the cost calculation system and publishes an annual statement on compliance.
Article 100
Termination rates
1. If, based on the market analysis of call termination, it is concluded that there is no effective competition in this market, then rate regulation is applied in these markets through the price-control method.
2. Cost-oriented termination rates must demonstrate that the rates for the services provided are based on efficient costs and take into account the regulatory provisions of this law, as well as the practices and recommendations of the European Union.
3. AKEP implements tariff regulation through the following methods:
a) determination of the minimum or maximum level of tariffs;
b) the adjustment of the tariff progression, by establishing conditions such as:
i. the maximum limit of the rate of change, of the possible increase or decrease of the tariff, within a specified period of time;
ii. the maximum rate of tariff increase imposed by the rise in prices of the constituent input elements over a specified period of time;
iii. the procedure to be used for determining or calculating the tariff, including the obligation to cost orientation, the establishment of efficient costs, which enables the realization of a reasonable profit;
c) the establishment of a time period, in no case to exceed 12 months, during which increases in tariffs above their current level in a given market are prohibited.
4. For the purpose of calculating the cost of providing the effective service, AKEP uses cost calculation methods independent of those used by operators.
5. At the request of AKEP, the operator must, within a 45-day period, demonstrate that its tariffs are cost-oriented. If the operator does not justify the tariff as above within the specified time period, AKEP shall demonstrate that the tariffs are not cost-oriented.
6. The AKEP ensures that the undertaking with significant market power, which is subject to the obligation of cost accounting, to make publicly available the description of the cost calculation system, indicating at least the main categories in which costs are grouped and the rules used to determine them.
7. AKEP or an independent accounting expert selected by AKEP is entitled to conduct the annual audit of compliance with the cost calculation system.
8. In adjusting the tariffs under point 1, AKEP assesses the most recent data on the following:
a) the average tariffs of the European Union countries;
b) best practices and recommendations in the European Union countries;
c) the tariffs of countries in the region with development similar to that of the Republic of Albania;
c) the relationships between wholesale and retail rates;
d) the reasonable rate of return achieved by other electronic communications operators in the European Union and in countries with a development level similar to that of the Republic of Albania.
9. Rate adjustment methods may be combined and take into account the specific conditions of the country's electronic communications market.
Article 101
Regulatory treatment for new very high-capacity transmission networks
1. Undertakings designated as having significant market power in one or more relevant markets, in accordance with the procedure set forth in Article 105 of this law, may submit commitments to co-invest in the deployment of a new ultra-high capacity network, consisting of the provision of optical fiber elements up to the premises of the end user or the base station, subject to the requirements of paragraph (b) of point 2 of this article, in the following formats:
a) by offering co-ownership; or
b) long-term risk sharing through co-financing; or
c) through purchase agreements, creating specific structural rights from other providers of networks or electronic communications services.
2. When assessing these commitments, AKEP shall in particular determine whether the joint investment offer complies with all of the following conditions:
a) is open at all times to any provider of electronic communications networks or services;
b) would allow other co-investors, who are providers of electronic communications networks or services, to compete effectively and sustainably over the long term in downstream markets. downstream, in which the undertaking defined as having significant market power is active, on terms that include:
i. fair, reasonable, and non-discriminatory conditions that allow access to the full network capacity, to the extent that it is subject to co-investment;
ii. flexibility, with respect to the value and timing of each co-investor's participation;
iii. the possibility of increasing such participation in the future; and
iv. the reciprocal rights granted by the co-investors after the determination of the co-invested infrastructure;
c) public disclosure by the undertaking in a timely manner and at least six months before the start of the rollout of the new network, if the undertaking does not have the characteristics defined in Article 106 of this law, a period which may be extended based on national circumstances;
c) the minimal fulfillment of the criteria set forth in Article 102 of this law, and that it was done in good faith.
3. When AKEP, based on the results of the market test conducted in accordance with point 3 of Article 105 of this law, concludes that the proposed joint investment commitment is in compliance with the conditions set out in point 1 of this article, it makes that commitment binding, in accordance with paragraph 8 of Article 105 of this law and does not impose any additional obligation under Article 92 of this law in respect of the elements of the new ultra-high capacity network that are subject to the commitments, this is provided that at least one potential co-investor has entered into an agreement with the undertaking designated as having significant market power.
4. Paragraph 3 of this article does not prejudice the regulatory treatment of circumstances that do not comply with the conditions set out in paragraph 1 of this article, taking into account the results of any market test, performed in accordance with Article 105 of this law, but which have an impact on competition and are taken into account for the purposes of Articles 90 and 92 of this law.
5. Except for paragraph 3 of this article, AKEP, in duly justified circumstances, decides to maintain or adapt the regulatory measures in accordance with articles 92 to 99 of this law, for new ultra-high capacity networks, to address competition distortions in specific markets, where it finds that competition issues cannot be addressed otherwise due to the specific characteristics of these markets.
6. AKEP continuously monitors compliance with the conditions set out in paragraph 1 of this article and may require the undertaking declared to have significant market power to submit to AKEP annual statements of compliance with its commitments.
This article does not affect the competence of AKEP to make decisions in implementation of Article 47 of this law, in the event of a dispute between undertakings, concerning the fulfillment of the conditions of the co-investment agreement, which must be in accordance with the provisions of paragraph 1 of this article.
7. In implementing the adjustments under this Article, AKEP takes into account the relevant BEREC guidelines.
Article 102
Criteria for evaluating joint investment proposals
1. In reviewing joint investment commitments under Article 101 of this law, AKEP assesses whether the following minimum criteria have been met:
a) the co-investment offer shall be open to any operator throughout the lifetime of the built network, on a non-discriminatory basis. The undertaking designated as having significant market power includes in its offer reasonable conditions regarding the financial capacity of each undertaking, so that potential co-investors demonstrate their ability to make the phased payments on which the network rollout is planned, and include the adoption of a strategic plan, on the basis of which medium-term expansion plans, etc., are prepared;
b) transparent co-investment offers, especially:
i. the offer must be available and easily accessible on the entrepreneur's website, which is endowed with significant market power.;
ii. the full detailed terms shall be made available without delay to any potential bidder who expresses an interest, including the legal form of the co-investment agreement and, where necessary, the key terms governing the co-financing principles; and
iii. the process, which includes the guide for creating and developing the co-investment project, and all important milestones are clearly communicated to all entrepreneurs, without any discrimination;
c) the joint investment offer includes conditions for potential co-investors and promotes sustainable long-term competition, in particular:
i. all entrepreneurs are offered fair terms and conditions, reasonable and non-discriminatory for participation in the co-investment agreement, in accordance with the timing of their joining, including the financial terms required to acquire specific rights, under the protective conditions afforded to co-investors by these rights, both during the construction phase and the exploitation phase, whether through granting irrevocable rights of use for the expected lifespan of the co-invested network, in terms of the conditions for joining the project or upon possible termination of the co-investment agreement.
Non-discriminatory conditions in this context do not imply that all potential co-investors must be offered exactly the same terms, including financial terms, but rather that any variations in the terms offered must be justified on the basis of the same objective, transparent criteria, non-discriminatory and predictable, such as the number of end-user lines for which a commitment has been made;
ii. the offering allows flexibility regarding the value and timing of the commitment provided by each co-investor, for example through an agreed-upon arrangement and the increase in the percentage of total end-user lines in a given area, for which the co-investors enable a gradual commitment in such an area, which offers conditions to smaller investors with limited resources to enter co-investment at a reasonable minimum scale and to gradually increase their stakes by guaranteeing appropriate initial commitments. The determination of the level of commitment in the financing provided by each co-investor reflects the fact that investors committed in the earlier stages inject capital more quickly and assume greater risk;
iii. the increase in profits over time is considered justified for the commitments made in the later stages of the project and for new co-investors who join the co-investment, after the project has commenced, to reflect the reduced risk and to counter any incentive to hold capital at the source in earlier phases;
iv. the co-investment agreement allows the transfer of rights acquired by a co-investor to other co-investors or third parties who wish to enter into the co-investment agreement, provided that the beneficiary entrepreneur is obligated to fulfill all of the transferor's original obligations under the latter's original co-investment agreement;
The co-investors grant each other reciprocal rights on fair bases and reasonable terms to access the co-invested infrastructure, with the aim of providing downstream services. downstream, including end users, in accordance with transparent conditions that are made clear in the co-investment offer and any subsequent agreements that may arise from it, especially when co-investors are individually or separately responsible for the deployment of specific parts of the network. Equipment created under the co-investment must provide all co-investors with network access, directly or indirectly, on an equivalent basis to their contribution, in accordance with fair and reasonable terms and conditions, including financial terms that reflect the varying levels of risk undertaken by each co-investor;
c) The joint investment proposal ensures a sustainable investment aimed at meeting future market needs, including new network elements that significantly contribute to the deployment of ultra-high-capacity networks.
2. In accordance with national circumstances and market structure, the AKEP may consider additional criteria in its assessment, to the extent necessary, to ensure potential investors' access to co-investment.
Article 103
Functional separation
1. When AKEP-i concludes that the obligations imposed in accordance with the provisions of Articles 93 to 99 of this law have failed to achieve effective competition and that significant and ongoing competition problems or market failures related to ofrthe provision of wholesale access for certain parts of the market, then, in exceptional circumstances, in accordance with the second subparagraph of paragraph 4 of Article 92 of this law, AKEP imposes on vertically integrated undertakings the obligation to separate the provision of wholesale services into a separate and independent business operating unit, independent from their downstream market segments.
2. The new independent business unit offers access to its products and services to all entrepreneurs, including businesses that are not part of the parent company, on the same terms and conditions, for the same timeframes, including the terms and conditions relating to pricing and services offered through the same systems and processes.
3. Before deciding to impose the functional separation obligation, AKEP consults with the Competition Authority and submits to the ministry a request that includes:
a) the documentation with evidence justifying AKEP's conclusions, as mentioned in point 1 of this article;
b) the documentation regarding the comments and opinions of the Competition Authority;
c) a reasoned assessment leading to the conclusion that there is no, or is unlikely to be, effective and sustainable infrastructure-based competition within a reasonable timeframe;
c) an analysis of the impact on the entrepreneur, particularly on the human resources of the split company and on the electronic communications sector as a whole, as well as on the incentives to invest in it, especially in relation to the need to ensure social and territorial cohesion and for other entrepreneurs, including, in particular, the expected impact on market competition and the possible effects on end users;
d) an analysis of the reasons justifying the imposition of this obligation as the most efficient measure to enforce the legal remedies aimed at addressing competition issues or the failures of the identified markets.
4. The measures taken must include the following elements:
a) the nature and precise level of the separation, specifying in particular the legal status of the separate economic unit;
b) the identification of the assets of the separate business unit and the products or services to be offered by that business unit;
c) agreements on the administrative structure to ensure independence in hiring staff from the separate business entity and incentives for the respective structure;
c) the rules for ensuring the fulfillment of obligations;
d) the rules for ensuring the transparency of operational procedures, in particular to other interested parties;
d) a monitoring program to ensure compliance with the obligations, including the publication of an annual report.
5. Detailed procedures for functional separation shall be approved by a decision of the Council of Ministers, in implementation of this article, upon the minister's proposal, after obtaining the opinion of AKEP.
6. The undertaking to which a functional separation obligation has been imposed is subject to the imposition of any regulatory obligation, provided for in Articles 93 to 99 of this law, in each relevant specific market in which it has been declared to have significant market power, in accordance with the procedures or other obligations laid down in Article 92 of this law.
Article 104
The voluntary separation of a vertically integrated entrepreneur
1. Undertakings designated as having significant market power in one or more relevant markets, in accordance with Article 90 of this law, shall inform AKEP at least three months before any intended transfer of assets of their local access network or a substantial part thereof, to another legal entity with different ownership or for the establishment of a separate business entity, with the aim of ensuring that all retail providers, including their own retail segments of equivalent access products, are offered.
2. The undertakers, in accordance with paragraph 1 of this article, inform AKEP of any changes to achieve this objective, as well as the expectations for the final outcome of the separation process. The undertakers also provide commitments regarding the access conditions applicable to their network during an implementation period following the proposed separation, with the aim of ensuring effective and non-discriminatory access for third parties.
3. The offer of commitments under paragraph 2 of this article shall contain sufficient details, including implementation timeframes and duration, to allow AKEP to exercise its powers in accordance with this article. Such commitments extend beyond the maximum period for market analysis reviews, as set out in Article 90 of this law.
4. AKEP, as appropriate, assesses the effect of the proposed transaction, together with the proposed commitments, on existing regulatory obligations. For this purpose, AKEP conducts an analysis of the various markets related to network access, in accordance with the procedure set out in Article 90 of this law.
5. The AKEP takes into account any undertaking offered by the undertaking, relying in particular on the objectives set out in Article 5 of this law. AKEP consults with third parties in accordance with Article 44 of this law, and both generally and specifically considers their views on being directly affected by the proposed transaction. AKEP seeks the minister's opinion in the event of significant changes notified by an undertaking, pursuant to paragraph 1 of this article, which affect the fulfillment of the strategic objectives set out in Article 5 of this law.
6. Based on its analysis, AKEP decides, retains, modifies, or removes obligations in accordance with the procedures set out in Article 44 of this law and, if necessary, applies the provisions of Article 106 of this law. In its decision, AKEP decides to make some or all of the undertakings binding. Notwithstanding the provision of paragraph 5 of Article 90 of this law, AKEP makes some or all of the undertakings binding for the entire period for which they are offered.
7. AKEP monitors the implementation of the commitments offered by undertakers, which it has made binding in accordance with paragraph 6 of this article, and considers extending them once the period for which they were initially set has expired.
Article 105
Procedure for Commitments
1. Designated undertakings with significant market power in the relevant market may propose to AKEP undertakings regarding the conditions for access, co-investment, or both, applicable to their networks, which include, among other things:
a) the relevant cooperation agreements, with an assessment of appropriate and proportional obligations, in accordance with Article 92 of this law;
b) joint investment in very high-capacity networks, pursuant to Article 101 of this law; or
c) effective and non-discriminatory access for third parties, in accordance with the provisions of Article 104 of this law, both during the period of the voluntary separation process from a vertically integrated company and after the proposed form of separation has been finalized.
2. The proposal for commitments must be sufficiently detailed, including timeframes, scope of action, and duration, to enable AKEP to carry out the assessment under this article. The proposed commitments must extend beyond the timeframes for conducting the market analyses provided for in Article 90 of this law.
3. For the assessment of any commitment proposed by an undertaking, pursuant to paragraph 1 of this article, AKEP, except in cases where the undertakings clearly do not meet one or more of the relevant conditions or criteria provided, conducts a market test, particularly with respect to the conditions offered, by holding a public consultation with interested parties, in particular with directly affected third parties.
4. Potential co-investors or access seekers provide their views on the compatibility of the proposed commitments with the conditions set out in Articles 92, 101, or 104 of this law and submit comments or suggestions for changes.
5. With respect to the proposed commitments, under this article, AKEP, when assessing the obligations pursuant to paragraph 5 of Article 92 of this law, takes into account:
a) a clear demonstration of fair and reasonable commitments in the proposal submitted;
b) commitments open to all market participants;
c) timely availability of access to the network under fair, reasonable, and non-discriminatory conditions, including very high capacity networks, before the launch of services offered in the retail market; and
c) the suitability of the proposed commitments to enable sustainable competition in the downstream market and to facilitate cooperation on network expansion to achieve the development of very high transmission capacity networks, in the interest of end users.
6. After evaluating and considering all comments and viewpoints submitted during the public consultation process by various interested parties, AKEP communicates its preliminary findings to the undertaking declared with significant market power in the relevant market, regardless of whether these commitments comply with the objectives, criteria, and procedures set out in this article and, where applicable, in articles 92, 101, and 104 of this law, on the basis of which they are deemed binding.
7. The entrepreneur reviews the initial proposal, taking into account AKEP's preliminary findings, in order to satisfy the criteria set out in this article and, where applicable, in Articles 92, 101, and 104 of this law.
8. In accordance with the provisions of paragraph 3 of Article 101 of this law, the AKEP shall decide to make the undertaker's commitments partially or fully binding.
9. Except for point 6 of Article 90 of this law, AKEP decides to make some or all of the undertakings undertaken by the undertaking mandatory for a specified period of time, which covers the entire period of their provision, and in the case of undertakings within the framework of co-financing, to make them binding in accordance with paragraph 3 of Article 101 of this law, to be enforced for a period of at least seven years.
10. The definitions in Article 101 of this law apply without prejudice to the market analysis process, in accordance with Article 90 of this law and the imposition of obligations.
11. In cases where AKEP makes the undertakings under this article mandatory, in accordance with the provisions of Article 92 of this law, AKEP assesses the possible consequences of this decision on market development and the appropriateness of any obligation imposed or to be imposed, in the absence of these commitments, considered for imposition under Article 92 or Articles 93 to 99 of this law. In the notification of the draft measures proposed to be adopted under Article 92 of this law, AKEP accompanies the notification with the decision on the commitments.
12. The AKEP monitors, supervises, and ensures compliance with the commitments it has made mandatory in accordance with point 8 of this article, in the same manner as it monitors, supervises and ensures compliance with the obligations imposed under Article 92 of this law, and takes into account their scope for the period of time for which they have become binding when the initial period ends.
13. If AKEP concludes that an operator has failed to comply with the commitments that have become binding in accordance with paragraph 8 of this article, it shall impose penalties on that operator in accordance with the provisions of Articles 183 and 184 of this law.
14. The AKEP may re-evaluate the obligations imposed in accordance with paragraph 7 of Article 92 of this law, notwithstanding the inspection and monitoring procedures for ensuring compliance with the specific obligations under this law.
Article 106
Entrepreneur only in bulk
1. If the AKEP, in accordance with the provisions of Article 90 of this law, designates an undertaking with significant market power in one or more wholesale markets, which does not provide electronic communications services in retail markets, AKEP examines whether this undertaking meets the following characteristics:
a) all of the entrepreneur's companies and business units that are controlled, but not necessarily owned by the same ultimate owner or shareholder who exercises control over the entrepreneur, whether currently or planned for the future, operate solely in the wholesale market for electronic communications services and have no activity in any of the retail markets for electronic communications services offered to end users in the Republic of Albania;
b) the entrepreneur is not required to enter into an exclusive agreement with a specific downstream operator. downstream, and that is active in any market for the retail provision of electronic communications services to end users or is part of an agreement, which in fact is subject to an exclusive agreement.
2. If AKEP concludes that the obligations imposed in accordance with point 1 of this article have been fulfilled, then it may impose on this undertaking only the obligations provided for in articles 95 and 98 of this law, or comparable at relatively fair and reasonable prices, if this is justified on the basis of an analysis of the relevant market, including an assessment of the likely conduct of the undertaking declared to have significant market power in that market.
3. The AKEP reviews the obligations imposed on the entrepreneur under this article at any time if it finds that the conditions set out in paragraph 1 of this article are no longer met and, as the case may be, applies the provisions of Articles 90 to 99 of this law. Entrepreneurs shall promptly inform AKEP of any change in circumstances related to paragraph 1 of this article.
4. AKEP also reviews the obligations imposed on the undertaking declared to have significant market power, in accordance with this article, if, based on evidence that the terms and conditions offered by the undertaking to its downstream customers downstream have caused or may cause concerns and problems for competition in the market, which affect end users, and for which it is necessary to impose one or more of the obligations provided for in Articles 93, 96, 97 or 99 of this law, or for the amendment of the obligations imposed in accordance with paragraph 2 of this article.
5. The imposition and review of obligations, in accordance with this article, shall be carried out in compliance with the consultation procedures set forth in Article 44 of this law.
Article 107
Migration of legacy infrastructure
1. Undertakings declared to have significant market power in one or more relevant markets, in accordance with Article 90 of this law, shall notify AKEP in advance and in a timely manner when they plan to remove or replace with a new infrastructure part of the network, including the legacy infrastructure necessary to operate a copper network, which are subject to obligations under Articles 92 to 106 of this law.
2. AKEP ensures that the dismantling or replacement process includes a transparent schedule and conditions, with an appropriate notice period for the transition and to ensure the availability of alternative products of comparable quality, providing access to the upgraded network infrastructure, replacing the necessary elements to protect competition and end-user rights.
3. With respect to assets proposed for removal or replacement, AKEP shall lift the obligations once it has determined that the access provider:
a) has created the appropriate conditions for migration, including making available an alternative access product of comparable quality, as it was available, using the legacy infrastructure and enabling access requesters to reach the same end users;
b) has complied with the conditions and has notified AKEP of the process, in accordance with this article.
Such a withdrawal is carried out in accordance with the procedures set forth in Article 44 of this law.
4. This clause does not affect the availability of regulated products, such as dark fibers, unlimited virtual local access, or other products. binary stream, imposed by AKEP for the improved network infrastructure, in accordance with the procedures set forth in Articles 90 and 92 of this law.
Article 108
Guidelines for very high capacity networks
AKEP issues regulations for very high capacity networks based on the BEREC guidelines-ut for very high capacity networks, and specifies the criteria that a network in the national market must meet to be considered a very high capacity network, particularly with regard to error parameters Down- and up-link bandwidth resilience error-related, its delay and its variation. The criteria that a network must meet in the national market to be considered a very high capacity network are periodically updated by AKEP based on the relevant BEREC guidelines.
Chapter XV
Regulatory Control of Retail Services
Article 109
Regulatory oversight of retail sales services
1. AKEP imposes regulatory obligations on undertakings designated as having significant market power in a relevant retail market, in accordance with this law, when:
a) if, based on the results of a market analysis conducted in accordance with Article 90 of this law, AKEP determines that a specific retail market, identified in accordance with Article 89 of this law, is not in effective competition;
b) AKEP concludes that the obligations imposed under Articles 93 to 99 of this law for the wholesale-related market do not lead to the achievement of the objectives of Article 5 of this law.
2. The obligations imposed under paragraph 1 of this article are based on the nature of the identified problem and are proportionate and justified for the fulfillment of the objectives set out in Article 5 of this law. The imposed obligations include requirements that the identified undertakers not offer excessive prices that would hinder market entry or restrict competition by setting predatory prices, and not show unnecessary preferences toward specific end users or bundled services, in an unreasonable manner. AKEP applies appropriate measures to these undertakings, such as retail price caps, individual tariff controls, or measures to align tariffs with costs or prices in comparable markets, in order to protect the interests of end-users and to promote effective competition.
3. AKEP ensures that, when an undertaking is subject to retail tariff regulation or other relevant retail sales regulations, the necessary and appropriate cost accounting systems are implemented. AKEP specifies the format and methodology of the accounting used. Compliance with the cost accounting system is verified by an independent qualified body. AKEP ensures that an annual statement on compliance is published.
4. Before issuing the decision on the regulation of retail tariffs, AKEP conducts a consultation process with interested parties in accordance with Articles 44 and 45 of this law.
5. The decision on the regulation of tariffs includes provisions relating to:
a) a reasonable period of time;
b) the obligation to provide information in accordance with Article 41 of this law;
c) the conditions for the timing of the application to the market for approved tariffs;
c) the accompanying conditions in the event that a fee is applied differently from the approved one or is changed after approval;
d) obligations for adjusting the approved tariffs in the event that access and interconnection tariffs change;
dh) the conditions for notifying changes in regulated prices.
6. AKEP does not apply the retail sales control mechanisms under paragraph 1 of this article to geographic or end-user markets when it is satisfied that there is effective competition.
Chapter XVI
Universal Service Obligations
Article 110
Universal affordable service
1. AKEP ensures that all consumers in the territory of the Republic of Albania have access, at an affordable price and under specific national conditions, to available and suitable internet services. broadband and in voice communication services, according to the quality specified by AKEP, including providing network connectivity from a fixed location.
2. AKEP also ensures the availability of the affordable services mentioned in paragraph 1 of this article from non-fixed locations when necessary to guarantee consumers' full social and economic participation in society.
3. Definition of Internet Access Service broadband, for the purposes of paragraph 1 of this article, is carried out by AKEP in order to secure connection capacity. broadband, necessary for social and economic participation in society, taking into account the minimum connectivity capacity. broadband, which is enjoyed by the majority of consumers in the Republic of Albania.
4. Internet access service broadband must be able to provide the necessary capacity to support at least the following services:
a) e-mail;
b) search engines, which enable the search and retrieval of all types of information;
c) basic training and education instruments online;
c) newspaper, news online;
d) purchasing or ordering goods or services on the internet;
d) job search and job search tools;
e) professional networks;
e) online banking services;
f) the use of e-government services;
g) social media and instant messages;
gj) standard-quality calls and video calls.
5. The network connection referred to in point 1, and, where applicable, in point 2 of this article, may be restricted to support only voice communication services when requested by the consumer.
6. The AKEP, in consultation with the ministry and after conducting a public consultation in accordance with Article 45 of this law, may extend the scope of application of this article to include microenterprises or small and medium-sized enterprises or nonprofit organizations.
Article 111
Universal service guarantee
1. AKEP may designate one or more undertakings to provide the universal service, as defined in point 3 of Article 110 of this law, including, to the extent applicable, the requirements of paragraph 4 of Article 110, in order to cover the entire territory of the country. AKEP may designate different operators or a consortium of operators to provide different elements of universal service or to cover different parts of the territory of the Republic of Albania.
2. The rules for determining the universal service provider are approved by a decision of the Council of Ministers, on the proposal of the minister, and are based on the principles of effectiveness, objectivity, transparency, and non-discrimination. No operator should be precluded in advance from the right to be the universal service provider.
3. The AKEP conducts the procedure for designating the universal service provider, in accordance with the rules approved under paragraph 2 of this article, taking into account:
a) the circumstances and development of the electronic communications market in the Republic of Albania, regarding the need for implementing universal service;
b) the technical, financial, and reliability capabilities of the undertaker for providing universal service in a specific area or throughout the territory of the Republic of Albania, during the specified period.;
c) the respective net costs of providing the universal service, as well as, where applicable, the corresponding amount of compensation that may be claimed by the operator for providing the universal service.
4. Upon completion of the designation procedure and after the minister's preliminary approval, AKEP signs the agreement with the universal service provider.
5. AKEP will continuously oversee the activities of the universal service provider. The universal service provider shall submit to AKEP, at least once a year, data on its activities.
6. When a universal service provider intends to transfer a substantial part or all of the assets of its local access network to another legal entity, it must notify the AKEP in advance to enable the AKEP to assess the effects of the proposed transaction, on the provision of access and services from fixed locations, as defined in Article 110 of this law. AKEP decides on the modification or removal of specific authorization obligations in accordance with this law.
Article 112
Providing affordable universal service
1. AKEP monitors the development and level of retail prices of the services defined in Article 110 of this law, available on the market, particularly in relation to prices and consumer incomes in the territory of the Republic of Albania.
2. When AKEP determines that retail prices for the services provided for in Article 110 of this law are not affordable, under the specific conditions of the country, because consumers with low incomes or special social needs are unable to afford access to these services, takes measures to ensure affordability for these consumers of the internet access service broadband and voice communication services, requiring providers of these services to offer these consumers alternative tariffs or tariff packages, different from those offered under normal commercial conditions, or both. AKEP may require service providers to apply the same tariffs, including offering a geographically averaged tariff across the entire territory.
3. In exceptional circumstances, particularly when the imposition of obligations, pursuant to paragraph 2 of this article, on all providers results in an undue administrative or financial burden for the providers or the Republic of Albania, AKEP may impose the obligation to offer these specific alternative tariff rates or tariff packages only on operators designated as universal service providers. The requirements of Article 113 of this law apply to these providers.“with the necessary changes”.
4. When AKEP designates one or more undertakings as universal service providers, it ensures that all consumers with low incomes or special social needs benefit from the possibility of choosing between undertakings that offer tariff options suitable for their needs, except where this is impossible or where providing the option to choose among undertakings would impose an additional and excessive organizational or financial burden.
5. The AKEP ensures that consumers who are entitled to alternative tariffs or tariff packages enter into a contract with a universal service provider, referred to in Article 110 of this law, or with a provider designated in accordance with paragraph 4 of this article, ensuring that their telephone number is retained for an appropriate period of time, thereby avoiding an unreasonable interruption of service.
6. AKEP ensures that operators offering alternative tariffs or tariff packages to consumers with low incomes or special social needs, in accordance with paragraph 2 of this article, inform AKEP of the details of such offers. AKEP ensures that the conditions under which operators offer alternative tariffs or tariff packages, in accordance with paragraph 2 of this article, are fully transparent and are published and applied in compliance with the principle of non-discrimination. AKEP may require the modification or withdrawal of these alternative tariffs or tariff packages.
7. The AKEP, taking into account national circumstances, ensures that appropriate support is offered to consumers with disabilities and, where appropriate, take other specific measures to ensure that the relevant terminal equipment and services that enhance equivalent access, including, where necessary, full conversation conversion services and text conversion services, are available and affordable.
8. In implementing this article, AKEP takes into account the minimization of market distortions.
9. AKEP may extend the scope of this article to include end users that are micro enterprises, small and medium-sized enterprises, and non-profit organizations.
Article 113
Availability of universal service
1. When AKEP, based on the results of the geographic survey conducted in accordance with paragraph 1 of Article 43 of this law, once they are available, as well as on any additional data required, demonstrates that the availability of an adequate internet access service broadband and voice communication services from fixed locations, as defined in Article 110 of this law, cannot be provided under normal market conditions or through other available public policy instruments in the Republic of Albania or in various parts thereof, AKEP imposes the appropriate universal service obligations to meet all reasonable end-user requests for access to these services in the relevant parts of its territory.
2. AKEP determines the most efficient and appropriate way to ensure the availability of an adequate internet access service. broadband and fixed-line voice communication services, as defined in accordance with Article 110 of this law, respecting the principles of objectivity, transparency, non-discrimination, and proportionality. AKEP will strive to minimize market distortions, particularly the offering of services at prices or under other conditions that deviate from normal commercial terms, while simultaneously safeguarding the public interest.
3. When AKEP designates one or more undertakings throughout the territory of the Republic of Albania or in part thereof, to ensure the availability of services, it shall use an efficient designation mechanism, objective, transparent and non-discriminatory, where no operator is precluded from the designation. Such designation methods must ensure that the appropriate internet access service broadband and fixed-location voice communication services are provided cost-effectively, and the process may be used as a tool for determining the net cost of the universal service obligation, in accordance with Article 127 of this law.
Article 114
Status of existing universal services
1. AKEP may continue to ensure the availability or affordability of other services, other than the appropriate access service. broadband, as defined in accordance with Article 110 of this law, and fixed-location voice communication services that were in force upon the entry into force of this law, if the need for such services is justified under national conditions. When AKEP designates one or more undertakings throughout the country's territory or in parts thereof to provide these services, the provisions of Article 113 of this law shall apply. The financing of these obligations shall be in accordance with Article 128 of this law.
2. AKEP reviews the obligations imposed under this article within three years after this law enters into force and thereafter every three years.
Article 115
Spending control
1. AKEP ensures that, when offering facilities or additional services beyond those specified in Article 110 of this law, providers of appropriate Internet access services broadband and voice communication services, provided in accordance with articles 110 to 113 of this law, do not impose on end users terms and conditions that would require them to pay for facilities or services that are not necessary or required for the service requested.
2. AKEP ensures that service providers under paragraph 1 of this article:
a) to provide the specific facilities and services set forth in Article 116 and following of this law, so that consumers have the opportunity to monitor and control their expenses;
b) to have an internal system to prevent the unjustified interruption of voice communication services or of an appropriate internet access service. broadband for consumers, as defined in Article 116 of this law, including an appropriate mechanism to verify the continued interest in using the service.
AKEP can extend the scope of this provision to end users that are microenterprises, small and medium-sized enterprises, and nonprofit organizations.
3. If AKEP is satisfied with the high level of availability of facilities under normal market conditions, as referred to in paragraph 2 of this article, it may remove these obligations in part or throughout the territory of the Republic of Albania.
Article 116
Facilities and services
1. AKEP ensures that the following facilities and services, related to charge control, service provider switching, number portability and other additional consumer facilities, as appropriate, are provided by electronic communications operators:
a) itemized billing;
b) the option to block outgoing communications at the user's choice free of charge;
c) prepaid systems;
c) installment payment of the network connection fee;
d) specific measures in the event of non-payment of invoices;
d) tariff advice;
e) control of expenses;
e) the facility to disable third-party billing;
f) additional relief, under this law.
2. The facilities specified in paragraph 1 of this article are provided to consumers and other categories of end users, with the exception of letters “c,” “ç,” and “e” of paragraph 1 of this article, which apply only to consumers.
Article 117
Detailed billing
1. Entrepreneurs are required to provide end users with a detailed, free invoice so that users can:
a) to verify and control the fees applied for the use of the Internet access service and/or voice communication services or number-based interpersonal communication services, in the case of Article 154 of this law;
b) to properly monitor their usage and expenses and thereby exercise a reasonable degree of control over their invoices.
2. AKEP, in accordance with the requirements of legislation on the protection of personal data and privacy, determines the basic level of detailed invoices that providers offer to end users free of charge. End users also have the right to receive a non-detailed bill free of charge.
3. When appropriate, the provider may offer its end users more detailed invoices, subject to the application of reasonable fees or no charge for the additional breakdown.
4. The detailed invoice includes a clear indication of the service provider's identity and the billed duration of value-added services using premium-rate numbers, unless the end user has requested that this information not be included on the invoice.
5. The invoice referred to in point 1 of this article may not include calls to toll-free numbers and calls to emergency numbers.
6. AKEP may require operators to provide caller line identification (CLI) free of charge.
Article 118
Optional blocking of outgoing communications
1. Entrepreneurs offer their end users the option, free of charge, to block outgoing calls or the sending of premium-rate messages or, when technically feasible, communications to other types of similar applications.
2. The undertakers shall provide the facility for end users to be able, at no additional charge, by making a request to the providers of voice communication services or interpersonal communication services, based on numbers, in the case of Article 154 of this law, to block the placement of outgoing calls or the sending of messages with premium rates or to other types of similar applications or to certain categories of numbers.
Article 119
Prepaid systems
AKEP may require providers to offer consumers the option to pay for access to the public electronic communications network for the use of voice communication services, internet access, or interpersonal communication services, based on numbers, in the case of Article 154 of this law, through prepaid systems.
Article 120
Installment payment of the network connection fee.
AKEP, when necessary and in coordination with the authority responsible for consumer protection, may require providers to allow consumers to pay the connection fee for the public electronic communications network in installments spread over time.
Article 121
Measures in case of non-payment of invoices
1. AKEP authorizes the provider to take special measures, which must be proportional, non-discriminatory, and publicly announced, to address end users' non-payment of invoices.
2. Measures to address non-payment of invoices must ensure that end users are given prior notice by the provider of any service interruption or disconnection, following a warning in the event of non-payment.
3. Except in cases of fraud, non-payment, or persistent late payment, these measures ensure, as far as technically possible, that any service interruption is limited to the unpaid service in question.
4. Disconnection from the network due to non-payment of invoices will only be carried out after proper notification to the end user.
5. The AKEP may require that, before full disconnection, the provider implement a limited service period during which the end user is only allowed to make calls that are free of charge to them, for example calls to the number “112” and to receive only the minimum level of Internet access service as defined by AKEP, in accordance with national conditions.
Article 122
Rate advice
Providers may offer a facility through which end users can request information from the provider about lower-cost alternative rates, if applicable.
Article 123
Controlling expenses in other ways
Service providers shall offer alternative means, if deemed appropriate by AKEP, to control the costs of voice communication services, internet access services, or interpersonal communication services, in the case of Article 154 of this law, including the free sending of warning notifications to consumers, in cases where abnormal communications or a significant excess in the amount of service consumption is detected.
Article 124
Disabling third-party billing
The end user is offered the facility to deactivate the ability of third-party service providers to use the invoice of an Internet access service provider or of a provider of a publicly available interpersonal communication service, to charge for their products or services.
Article 125
Additional facilities
1. Additional facilities include the following:
a) caller ID: the calling party's number is displayed to the called party before the telephone call is connected;
b) the transfer of the email or access to e-mail, Upon termination of the contract with an Internet access service provider, in accordance with paragraph 3 of this article.
2. Caller line identification shall be provided in accordance with legislation on the protection of personal data and privacy and with the provisions of Chapter XIX of this law. Operators must provide data and signals to facilitate the presentation of caller identity and calls between Member States, to the extent technically feasible.
3. Email transfer is provided upon request and free of charge to end users who terminate their contract with an Internet access service provider. The end user is provided access to his email at the address e-mail, based on the trade name or trademark of the previous internet access provider, for a period of time that AKEP considers necessary and proportional to transfer e-mail-s sent to that address to a new address e-mail-i, defined by the end user.
Article 126
Porting numbers
1. Operators are required to enable all end users who have numbers from the National Numbering Plan and who wish to retain their numbers, regardless of the operator providing the service, to port those numbers:
a) in the case of geographic coordinates, at a specific location; and
b) in the case of non-geographic numbers, at any location.
2. Number porting does not apply to the transfer of numbers between networks providing fixed services and mobile networks.
Article 127
The cost of universal service obligations
1. Universal service providers have the right to seek compensation if the provision of Internet access service broadband, as defined in accordance with Article 110 of this law, and of voice communication services, as specified in Articles 110, 112, and 113 of this law, or the continuation of the provision of existing universal services, pursuant to Article 114 of this law, constitutes an unfair burden and creates additional costs for the provider. When AKEP determines that the provision of these services constitutes an undue burden for service providers seeking compensation, AKEP will calculate the net costs of providing these services.
2. The compensation, as provided in paragraph 1 of this article, shall under no circumstances exceed the net cost of providing the universal service.
3. Net costs, as per paragraph 2 of this article, are calculated in accordance with Article 129 of this law. Net costs are calculated as the difference between the net costs of providing the universal service and the costs the universal service provider would have incurred if it were not the universal service provider, and in this calculation any benefit is taken into account, including the intangible benefits of the universal service provider arising from the provision of the universal service.
4. AKEP determines the methodology for calculating the net costs and intangible benefits to be taken into account in the calculation of the net costs of providing universal service, taking into account the European Union's recommendation on universal service.
5. Universal service providers are required to maintain separate accounts for the costs of providing universal service.
6. Universal service providers are required to submit to AKEP by April 30 of each year information on net costs, the annual balance sheet, and the data used to calculate the net costs for the provision of universal service. Otherwise, they will lose the right to declare net costs.
7. AKEP shall appoint an independent audit expert to carry out the audit and verify the information submitted in accordance with paragraph 6 of this article.
8. AKEP confirms the calculation of net costs for the provision of the universal service. If the universal service provider has been selected through a public tender procedure, AKEP, in its assessment, also takes into account the costs of providing the universal service as submitted by the provider in the tender process. AKEP takes cost differences into account only in cases where conditions at the time of the public tender have changed and where the universal service provider proves to AKEP, in a convincing, objective, and transparent manner, the cost differences. AKEP publishes the results of the cost calculations and of the audit conducted on the information submitted by the universal service provider.
9. AKEP determines the level of compensation. Based on the calculations performed, AKEP may decide that the universal service provider is not entitled to compensation or may decide on a lower amount of compensation than that requested by the provider.
10. The universal service provider has the right to appeal the decision taken pursuant to paragraph 9 of this article, in accordance with applicable legislation.
Article 128
Financing of universal service obligations
1. In cases where AKEP, based on the net cost calculations under Article 127 of this law, determines that the net costs constitute an undue burden for the provider, AKEP establishes the universal service fund to compensate the net costs of providing the universal service. The universal service fund is managed and administered by AKEP. This fund is inviolable for other purposes, and any unused portion is accumulated and carried over to the following year.
2. The Universal Service Fund is financed by operators that own public electronic communications networks and provide electronic communications services, as well as by public electronic communications service providers in the territory of the Republic of Albania, in accordance with the provisions of the relevant AKEP regulation. The financing of the universal service shall be carried out in an objective, transparent, non-discriminatory, and proportionate manner, without distorting competition or user demand.
3. The AKEP determines the financing quota based on paragraph 2 of this article, which for all undertakings that are required to contribute to the financing of universal service must not exceed 11% of the total revenues derived from public electronic communications networks and the provision of public electronic communications services.
4. Entrepreneurs are required to pay the contributions, as provided in paragraph 2 of this article, into a dedicated AKEP account within a specified period, but no later than May 30 of the current year for the previous year.
5. Operators shall, by April 30 of each year, inform AKEP of their revenues in the previous year, derived from the provision of public communications networks or services in the Republic of Albania, by submitting to AKEP their annual balance sheet accompanied by the accountant's report.
6. AKEP will make disbursements from the universal service contribution account on an annual basis to compensate each universal service provider appointed to provide the universal service in amounts equal to the approved net costs of ensuring the universal service.
Article 129
Calculation and coverage of universal service costs
1. AKEP considers all means to ensure appropriate incentives for operators to provide universal service obligations cost-efficiently. The net cost of the universal service obligations is calculated as the difference between the net cost for each operator operating under the universal service obligations and operating without them. The calculation of net costs takes into account the costs that each operator would have chosen to avoid if it were not obliged to provide universal service. The net cost calculation will assess the benefits, including intangible benefits for the universal service operator.
2. The calculation should be based on the costs that are attributable:
a) elements of the identified services that can only be provided at a loss or at costs that would not have been incurred under normal commercial conditions for the provision of services;
b) to end users or to specific groups of end users, who, taking into account the cost of providing the specified network and service, the revenues generated and any geographic average prices set by the Member State, may be offered only at a loss or at costs that would not have been incurred under normal commercial conditions of service provision.
3. The elements provided for in paragraph 2(a) of this article may include service elements, such as access to telephone services for emergency numbers, the provision of certain pay telephones, the provision of certain services or equipment for end users with disabilities.
4. The definitions in subparagraph (b) of paragraph 2 of this article include those end users or groups of end users who would not be able to obtain service from an operator under normal commercial conditions and who is not obliged to provide universal service.
5. The calculation of the net cost of the specific aspects of universal service obligations must be carried out separately and in such a way as to avoid double counting of any direct or indirect benefit or cost. The overall net cost of universal service obligations for each undertaking shall be calculated as the sum of the net costs arising from the individual elements of those obligations, taking into account any non-monetary benefit. The responsibility for verifying the net cost lies with the national regulatory authority.
6. The coverage or financing of any net costs of universal service obligations may necessitate compensating operators with universal service obligations for services they provide under non-normal commercial conditions. AKEP ensures that compensation is carried out in an objective, transparent, non-discriminatory, and proportionate manner and results in as little distortion of competition and user demand as possible.
7. In accordance with point 3 of Article 128 of this law, the cost-sharing financing mechanism, based on a fund, must use transparent and neutral methods for collecting contributions that avoid the risk of imposing a double contribution obligation calculated based on both the income and expenses of entrepreneurs.
8. The AKEP, in accordance with Article 19 of this law, is responsible for collecting contributions from entrepreneurs who are assessed as having an obligation to contribute to the net cost of universal service obligations, as well as to oversee the transfer of the corresponding amount from administrative fees to the undertakings entitled to compensation from the fund.
9. While respecting rules on trade secret protection, AKEP will publish an annual report presenting the details of the calculated cost of the universal service obligations, identifying the contributions made by all the undertakings involved, including any market benefits that may have accrued to the undertakings, in accordance with the universal service obligations set out in Articles 110 to 114 of this Law.
Article 130
Mandatory additional services
In addition to the services included in the universal service obligations referred to in Articles 110 to 113 of this law, AKEP may decide to ensure the public availability of other additional services.
In such cases, no obligation will be imposed on entrepreneurs to contribute to the compensation mechanism under the universal service for a particular entrepreneur.
Chapter XVII
Sources of Numeration
Article 131
Sources of numeration
1. AKEP ensures appropriate numerical resources for the provision of publicly available electronic communications services, in accordance with the numbering plan. The numbering plan determines the structure, length, and assignment of numbers for access to public communications networks and services.
2. Based on the national numbering plan, AKEP grants usage rights for numbering resources to provide specific services to enterprises other than network or electronic communications service providers, provided that the appropriate available numbering resources meet current and anticipated future requirements.
3. Enterprises other than network or electronic communications service providers, when applying for numbering resources, demonstrate their ability to manage those resources and to fulfill any requirements set out in Article 132 of this law.
4. In granting rights to use numbering resources, AKEP complies with BEREC guidelines- of the BEREC guidelines on common criteria for assessing the ability to manage numeric resources by undertakings other than electronic communications network or service providers, as well as for assessing the risk of exhaustion of numbering resources, if numbers have been assigned to such undertakings.
5. AKEP suspends the further granting of rights of use for numbering resources to undertakings other than providers of electronic communications networks or services, if it is demonstrated that there is a risk of depletion of numbering resources.
6. AKEP administers the numbering plan, so that:
a) to ensure the efficient structuring and use of numbers and numerical series;
b) to satisfy the reasonable needs of operators and providers of public electronic communications services for number assignment, in accordance with this law;
c) ensure that the allocation and use of numbers is carried out in an honest, transparent, and non-discriminatory manner for all providers of publicly available electronic communications services and qualified undertakings, in accordance with paragraphs 2 and 3 of this article.
7. AKEP ensures that an undertaking to which the right to use numbering resources has been granted does not discriminate against other electronic communications service providers with respect to the numbering resources used to provide access to their services.
8. The AKEP makes non-geographic numbers available, which may be used for the provision of electronic communications services, other than interpersonal communication services, without prejudice to paragraph 2 of Article 135 of this law. When rights of use for numbering resources have been granted to undertakings other than providers of electronic communications networks or services, this provision also applies to the specific services for which those rights of use have been granted.
9. AKEP ensures that the conditions for using numeration resources, as set forth in Article 32 of this law, are attached to the right to use numbers.
10. The holder of the right to use numbers under this law:
a) is required to return the assigned numbers or number series if they are not in use;
b) may not use the assigned number or series of numbers for purposes other than those for which they were issued;
c) may not transfer or lease the assigned numbers or number series without prior approval from AKEP.;
c) numbers and series of numbers may be transferred together with the activity carried out when the new holder meets the requirements for using the numbers and number series, in accordance with AKEP's decision;
d) is required to make payments for numbering in accordance with this law.;
dh) must fulfill the request for number porting in all cases where such a request is made;
e) is required to use the numbers or series of numbers provided solely for the purpose for which they were given and not to cause any harm to any particular group of users;
e) to fulfill the obligations arising from international instruments applicable in the Republic of Albania concerning the allocation and use of numbers.
11. The numbering format ‘00’ is the standard international access code. For the use of number-based interpersonal communication services between nearby geographic locations across countries and along the border, separate agreements are concluded.
12. For specific number categories, AKEP, after obtaining the minister's opinion, may agree to use a common numbering plan with EU Member States. Affected end users are duly informed of these arrangements.
13. In accordance with international obligations and to ensure an adequate supply of numbers, AKEP may change the structure and configuration of the numbering system and the assignment of numbers. Under such circumstances, the holder of numbers and number series is not entitled to claim compensation. AKEP may amend decisions on the allocation of numbers and number series, even at the request of their holder, where possible. End users affected by these arrangements or agreements are fully informed.
14. AKEP, where technically feasible and to facilitate the switching of electronic communications network or service providers by end users, promotes the continued provision of this service over the air, in particular for provider switching by end users of machine-to-machine services.
15. AKEP retains all data related to the administration of the numbering plan. AKEP publishes the National Numbering Plan and any subsequent additions or changes thereto, subject only to restrictions imposed for reasons of national security.
16. AKEP supports the harmonization of numbers or specific number series, thereby promoting both the functioning of the national market and the development of pan-European services.
Article 132
Procedure for granting the right to use numbering resources
1. When necessary, the AKEP, upon the request of any operator providing public electronic communications networks or services under a general authorization, in accordance with Article 26 of this law, subject to the conditions provided in Article 28 and in paragraph “c” of paragraph 1 of Article 42 of this law, as well as the rules for the efficient use of numbering, in accordance with this law, grants individual rights of use, specifying whether these numbering resources may be transferred and under what conditions.
2. Rights to use numbering resources are granted through open, objective, transparent, non-discriminatory, and proportionate procedures. AKEP decides on these applications within three weeks. AKEP's decisions on numbering usage rights are published.
3. Applications for numeration resources contain the following data:
a) the name, the address of the registered office, and the documents on the basis of which the registration of the activity is verified;
b) data on the type, quantity, and purpose of the use of specific numbers or series of numbers to which they apply;
c) the needs assessment plan for the next 3 years;
c) the planned date of commencement of use of the specified numbers or series of numbers;
d) additional data that AKEP may request to administer the use of numbers.
4. AKEP determines in detail, through a regulatory document, the content and the model application form, as well as the requirements that the applicant must meet.
5. AKEP decides to refuse the allocation of numbers in the event that:
a) the application for number separation contains false data;
b) the applicant is not suitable for the issuance of numbers or series of numbers, in accordance with this law;
c) the intended use does not justify providing the quantity or type of numbers requested;
c) the applicant has unpaid invoices for the use of numbering resources;
d) the applicant has misused enumeration resources in the past.
Enterprises have the right to assign numbers or number series to their end users within the numbering scheme designated by AKEP.
When AKEP grants usage rights for numbering resources for a limited period, the duration of this period must be appropriate for the service concerned, in relation to the objective pursued, taking into account the need to allow for an appropriate period for the amortization of the investment.
6. When AKEP has determined, after consulting with interested parties, in accordance with Article 44 of this law, that the rights of use for the numbering resource of exceptional economic value are granted through competitive or comparative selection procedures, it may extend the three-week period referred to in paragraph 2 of this article by up to an additional three weeks.
7. AKEP does not limit the number of individual usage rights that will be granted, except in cases where this is necessary to ensure the efficient use of numbering resources.
8. This article also applies when AKEP grants rights of use for numbering resources to undertakings other than providers of electronic communications networks or services, in accordance with paragraph 2 of Article 131 of this law.
Article 133
Procedure for granting usage rights for names domainof
1. AKEP establishes by regulation special detailed rules for the methodology, payments, procedure, and manner of administering domain names. domainof domains and subdomains, in accordance with applicable legislation and national and international standards.
2. AKEP maintains a register for “domain names”the registered person and the registering entities, in accordance with applicable data protection legislation.
3. By decision of the Council of Ministers, rules are approved for the purposes of security, sustainability, and accuracy in the recording of data for “domain names”.
Article 134
Missing Children Telephone and Assistance Hotline
1. AKEP ensures that end users have free access to a service that operates a telephone line for reporting cases of missing children. The telephone line must be available at the number “116000.”.
2. AKEP ensures that end users with disabilities have the opportunity to access the services offered at the “116000” number as much as possible. The measures taken to facilitate access for end users with disabilities to such services when traveling in other countries are based on compliance with the relevant standards or specifications established, in accordance with Article 53 of this law.
3. AKEP takes the necessary measures to ensure that the authority or enterprise assigned the number “116000” provides the resources required for the operation of the telephone line.
4. AKEP ensures that end users are adequately informed about the existence and use of the services offered at the “116000” numbers and, where applicable, “116111.”.
5. Within six months of the enactment of this law, AKEP shall review, as necessary, all number assignments referred to in this article.
Article 135
Access to numbers and services
1. AKEP ensures, where economically feasible, except in cases where the called end user has, for commercial reasons, chosen to restrict the calling party's access from a particular geographic area, that users are able to:
a) to access all numbers provided for in the National Numbering Plan of the Republic of Albania;
b) to access all numbers, regardless of the technology and equipment used by operators, including numbers under other countries' numbering plans and international universal free numbers (UIFN).
2. The AKEP may require providers of public electronic communications networks or publicly available electronic communications services to block, on a case-by-case basis, access to numbers or services when this is justified on grounds of fraud or misuse. In this case, the providers of electronic communications services retain the corresponding revenues from interconnection or other services.
Article 136
Revocation of decisions on the allocation of numbers and number series
1. AKEP revokes the right to use numbers and number series if it is determined that:
a) the holder of the application for the use of numbers or series of numbers does not meet the requirements set forth in this law regarding the assignment of numbers and series of numbers;
b) the holder of the right to use numbers and series of numbers has not paid the annual fee for the use of numbers and series of numbers on time;
c) the rights holder for the use of numbers and number series has not yet begun to use them within a three-year period from the date of their assignment;
c) the rights holder has been deregistered or has suspended its activity at the National Business Center.
AKEP also revokes the right to use numbers and number series at the request of the holder of the right to use numbers or number series.
2. For cases provided for in paragraph 1 of this article, AKEP issues a notice explaining the revocation of specific numbers and number series.
3. In cases where revocation results from non-payment of numbering fee to AKEP, the revocation period shall not be shorter than 30 days from the date of receipt of the notice, as referred to in paragraph 2 of this article.
4. If the decision was made pursuant to paragraph 1 of this article, the revocation of the assigned numbers and number series, the implementation of this decision may not be less than 60 days from the date the notification is received.
5. The revocation of numbers and number series for the undertaking is carried out by written notification from AKEP.
Chapter XVIII
End User Rights
Article 137
Exclusion of certain micro enterprises
1. The provisions of this chapter, with the exception of Articles 138 and 139 of this law, are not mandatory for micro enterprises providing interpersonal communication services independent of a telephone number, unless they also offer other electronic communication services.
2. A microenterprise that benefits from the exemption referred to in paragraph 1 of this article must inform end users of such an exemption before entering into a contract for the provision of number-independent interpersonal communication services. This exemption, if applied by the microenterprise, must also be clearly stated on its website and included as a limitation of liability statement in the contract entered into with the end user.
Article 138
Non-discrimination
Providers of networks or electronic communications services shall not apply general requirements or conditions for access to or use of the networks or services for end users, which vary for reasons related to the nationality, residence, or location or registered office of the end user, except where such differentiated treatment is objectively justified.
Article 139
Protection of fundamental rights
1. National measures concerning end-users' access to or use of services and applications via electronic communication networks respect the fundamental rights and general principles of law, as set forth in the Constitution of the Republic of Albania and the relevant international conventions to which Albania has adhered.
2. Any measure concerning access to or use of services and applications by end users via electronic communications networks, which may restrict the exercise of the rights or freedoms recognized by the acts referred to in point 1 of this Article, shall be adopted only if provided for by applicable legislation and shall respect those rights or freedoms. Measures must be proportionate and necessary for the fulfillment of objectives of general interest, recognized by applicable legislation, or the need to protect the rights and freedoms of others, in accordance with paragraph 1 of this Article and the general principles of law, including the right to effective redress and to a fair trial.
3. These measures are taken only in compliance with the principle of the presumption of innocence and the right to privacy. A preliminary, fair, and impartial procedure must be guaranteed, including the right to be heard of the person or persons concerned, depending on the need for appropriate conditions and procedural adjustments in duly substantiated urgent cases, in accordance with the Constitution of the Republic of Albania and the relevant international conventions to which Albania is a party.
Article 140
Level of harmonization
1. The rules for the protection of end users, enforced by AKEP or the competent consumer protection authority, must comply with the provisions of Articles 141 through 154 of this law, except where otherwise provided in this law.
2. The application of stricter consumer protection provisions, which differ from those provided for in Articles 141 to 154 of this law, may continue for up to one year from the date this law enters into force, provided that these provisions are still in force on the date this law enters into force and any restriction on the functioning of the Albanian market resulting from them is proportionate to the objective of consumer protection.
Article 141
Requirements for contracts
1. Before the conclusion of the contract or acceptance of a corresponding offer from the consumer, providers of publicly available electronic communication services, except for transmission services for the provision of machine-to-machine services, are required to provide the consumer with the information required by consumer protection law and by Article 180 of this law to the extent it relates to the service being offered.
2. The information referred to in paragraph 1 of this article is provided in a clear and comprehensible manner through a durable medium and provisions in consumer protection law or, where providing this information through a durable medium is not possible, it is made available by the service provider, in a document that can be easily accessed and downloaded by the user.
3. The service provider clearly informs the consumer about the availability of the document specified in point 2 of this article, as well as the importance of downloading it for purposes of documentation, reference, and its unaltered reproduction in the future. This information, upon request, must be provided in a format accessible to end users with disabilities, in accordance with applicable legislation harmonizing accessibility requirements for products and services.
4. The information referred to in points 1 and 5 of this article shall also be provided to end users, that are micro or small enterprises or non-profit organizations, except in cases where these users give express consent to waive all or part of the rights included in these provisions.
5. Providers of publicly available electronic communications services, other than transmission services used to provide machine-to-machine services, must make a short, easily readable summary of the contract available to consumers. This summary must identify the key elements of the information requirements, as set out in paragraph 1 of this Article, including at least:
a) the name, address, and contact details of the provider and, if different, the contact details for complaints;
b) the main characteristics of each service offered;
c) the respective prices for activating the electronic communications service, including all periodic fixed fees or fees based on the consumption of units, when the service is provided for direct monetary payment;
c) the duration of the contract and the conditions for its renewal and termination;
d) the extent to which products and services are designed for end users with disabilities;
dh) regarding internet access services, a summary of the required information, in accordance with letters “c” and “d” of paragraph 1 of Article 178 of this law.
6. Service providers subject to the obligations under paragraph 1 of this article shall duly complete the model contract summary with the required information, in accordance with the regulation adopted by AKEP, and provide the consumer with the contract summary free of charge and before the conclusion of the contract, including for distance contracts. When, for objective technical reasons, it is impossible to provide the contract summary at that moment, it must be provided subsequently and without undue delay, and the contract takes effect when the consumer, after receiving the contract summary, confirms his agreement.
7. The information referred to in points 1 and 5 of this article shall become an integral part of the contract and shall not be changed, except when the contracting parties expressly agree otherwise.
8. When publicly available Internet access services or interpersonal communication services are billed on the basis of time or volume consumed, their providers must offer consumers the ability to monitor and control the use of each of these services. This facility shall include timely access to information on the level of consumption of the services included in a tariff plan. In particular, providers must send consumers a notification, before reaching any consumption limit included in their tariff plan, and also when the amount of a service included in their tariff plan is fully consumed, as determined by the competent authorities in coordination with national regulatory authorities, where necessary.
9. AKEP may require providers to supply additional information on consumption levels and may temporarily prevent further use of the relevant service once a financial or quantitative threshold set by AKEP is reached.
10. After consulting with the authority responsible for consumer protection, AKEP may take action on aspects not regulated by this article, particularly to address any issues that arise.
Article 142
Transparency, comparison of offers, and publication of information
1. Internet access service providers and providers of publicly available interpersonal communication services, when the provision of these services is subject to terms and conditions of service, must publish the following information:
a) the contractor's contact details;
b) a description of the services offered;
c) dispute resolution mechanisms, including those developed by the contractor.
2. The description of the services offered under letter “b” of paragraph 1 of this article must include:
a) the subject matter of the services provided and the main characteristics of each service offered, including any minimum service quality level if provided, as well as any restrictions imposed by the provider on the use of the end-user equipment provided;
b) the fees for the services offered, including information on:
i. the quantity of communication units, such as: the amounts included in data usage, voice call minutes, the number of messages included in specific rate plans, and the applicable rates for additional communication units;
ii. numbers or services that are subject to special billing conditions;
iii. access and maintenance fees, all types of usage fees, special and group-focused tariff plans for specific user groups, the specific billing terms of any additional fees, as well as costs related to end-user equipment, where applicable;
c) after-sales services, maintenance and customer care, and their contact details;
c) the standard contract terms, including the contract duration, fees for the early termination of the contract, the rights related to the termination of package offers or their elements, and the direct procedures and fees related to the portability of numbers and other identifiers, if necessary;
d) information on access to emergency services and on the caller's location, or any restrictions on the latter, if the undertaker is a provider of number-based interpersonal communication services;
dh) information on the extent to which access to emergency services can or cannot be supported if the undertaker is a provider of number-independent interpersonal communication services;
e) changes that restrict access to or use of services and applications and the locations where these services are available;
e) details of products and services, including any feature, practice, policy, or procedure and changes in service operation, created specifically for end users with disabilities, in accordance with applicable legislation. These end users must be regularly informed about their products;
f) information on the procedures for measuring and managing traffic determined by the provider to avoid loading or overloading network links and how these procedures may affect service quality;
g) details of products and services, including any feature, practice, policy, location information, and their procedures and changes in service operation, created specifically for end users, with disabilities, changes to conditions regarding access, in accordance with applicable legislation on the harmonization of accessibility requirements for products and services.
3. Information published by providers of Internet access services or of publicly available interpersonal communication services, pursuant to this article, must be clear, comprehensible, and machine-readable, including publication on its website in a format accessible to users with disabilities, in accordance with applicable legislation and AKEP's regulations. AKEP, in cases where it deems it necessary, has the right to request changes to the published information. AKEP may require that tariffs for individual categories of services, including value-added services, be provided immediately before the voice call is made.
4. The information required under this article is regularly updated. AKEP, in coordination with the Consumer Protection Commission, may establish additional requirements regarding the form in which this information must be published. The information, upon request, is sent to AKEP and the Consumer Protection Commission before its publication.
5. The AKEP ensures that end-users have free access to at least one independent comparison tool, which enables them to compare and assess different internet access services and interpersonal communication services, based on publicly available figures and, where applicable, the publicly available, number-independent interpersonal communication service, in relation to:
a) the prices and fees for services offered in exchange for direct, periodic, or per-unit monetary payments;
b) the quality of service performance in cases where a minimum level of service quality is guaranteed or where the operator is required to publish this information in accordance with Article 143 of this law.
6. The instrument of comparison, in accordance with paragraph 5 of this article, shall:
a) to be operationally independent of the providers of these services in order to ensure equal treatment of these providers in search results;
b) to clearly publish the owners and operators of the comparison instrument;
c) to establish clear and objective criteria on which the comparison is based;
c) to use simple and clear language;
d) to provide accurate and up-to-date information and to indicate the time of the most recent update;
d) be open to any provider of internet access services or publicly available interpersonal communication services, by making the relevant information available and including a broad range of offerings that cover a significant portion of the market, and when the information presented is not a complete reflection of the market, a clear statement to that effect before displaying the results;
e) to ensure an effective procedure for reporting inaccurate information;
e) include the ability to compare prices, fees, and service performance quality among the offers available to end users and, if required by applicable legislation, among those offers and the standard publicly available offers for other end users.
7. Comparison tools that meet the requirements of point 6, if offered by a party other than AKEP, must be certified in advance by AKEP. Third parties have the right to use, free of charge and in an open data format, the information published by providers of Internet access services or publicly available interpersonal communication services, for the purpose of making these independent comparison tools available.
8. The AKEP may require that providers of internet access services or of interpersonal communication services, based on publicly available numbers or for both categories, to distribute free of charge public interest information to existing and new end users, as appropriate, through the communication means they normally use with end users.
9. In the cases provided for in paragraph 8 of this article, information of public interest must be provided by the relevant public authorities in a standardized format, and, among other things, must cover the following topics:
a) the most common uses of publicly available, number-based internet access and interpersonal communication services to support/carry out illegal activities or for the distribution of harmful content, especially when it may prejudice the respect for the rights and freedoms of others, including the violation of data protection rights, copyright and related rights and their legal consequences;
b) means of protection against risks to personal safety, privacy, and personal data when using Internet access services and publicly available number-based interpersonal communication services.
Article 143
The quality of Internet access service and interpersonal communication services available to the public.
1. AKEP requires internet service providers or interpersonal communications service providers to publish to end users comparable, clear, reliable, user-friendly, and up-to-date information on the quality of their services.
2. Information on service quality is provided to the extent that service providers have direct control or under a service level agreement, over at least some elements of the network related to this purpose, as well as the measures taken to ensure equal access for end users with disabilities.
3. The AKEP may also require providers of publicly available interpersonal communication services to inform subscribers if the quality of the services they offer depends on any external factor, such as signal transmission control or network connectivity. This information is provided to AKEP upon request and, where applicable, to other competent authorities before its publication.
4. Measures to ensure the quality of service must comply with the rules for an open internet, as defined in Chapter XXII of this law.
5. The AKEP specifies the service quality parameters to be measured, the applicable measurement methods, the content, form, and manner of the information to be published, including possible quality certification mechanisms, in accordance with ETSI and ITU standards. The parameters, definitions, and measurement methods, where appropriate, include:
a) for voice calls:
i. the time of placing the call;
ii. the percentage of unsuccessful calls;
iii. the quality of the conversation transmission;
iv. the response time for calls to the operator, customer service, and telephone directory services;
b) for mobile networks:
i. network availability;
ii. the probability of a successful connection in an area covered by the network;
iii. the call drop report;
c) for customer service:
i. the time between the request for service and the commencement of service delivery;
ii. the frequency of defects;
iii. the time required to resolve and eliminate defects; the frequency of billing complaints;
c) the internet:
i. the data transfer speed;
ii. the time it takes for the web page to load;
iii. the delay; jitter; the packet loss rate.
6. The AKEP, within one year from the entry into force of this law, shall determine the service quality parameters, including the relevant parameters for end-users with disabilities, applicable measurement methods, the content and format of information publication, as well as quality certification mechanisms, based on the best European practices and national and international standards.
Article 144
Term and termination of the contract
1. AKEP ensures that contracts entered into between consumers and providers of publicly available electronic communications services, except for number-independent interpersonal communication services and transmission services used to provide machine-to-machine services, are based on the principle of equality between the parties. The terms and procedures for contract termination shall not prevent or discourage the end user from switching service providers, nor shall they require the contract to have an initial term of more than 24 months.
2. AKEP may adopt or continue to maintain provisions that require contracts to have maximum shorter contractual commitment periods.
3. The AKEP also ensures that providers of publicly available electronic communications services, other than number-independent interpersonal communications services and other than transmission services, used for the provision of machine-to-machine services, will offer consumers the option to enter into a contract for a maximum period of 12 months.
4. The above provisions of this article are not mandatory for the duration of an installment payment contract, where the end user has agreed to a separate installment payment contract, exclusively for the installation of a physical connection, specifically for a very high-speed network connection. The installation contract for the physical connection does not include the end device as router or modem and must not prevent end users from exercising their rights under this article.
5. The definitions in paragraph 1 of this article also apply to microenterprises, small enterprises, or nonprofit organizations, except where they have expressly agreed to waive these provisions.
6. When a contract for the provision of electronic communications services, other than number-independent interpersonal communications services, as well as transmission services for the provision of machine-to-machine services, or when a legal provision provides for the automatic extension of a fixed-term contract, Subscribers, after the contract extension, have the right to terminate the contract at any time, provided they give prior notice of at least one month. Termination of the contract under this provision is made at no additional cost, except for the fees applicable for the provision of the service during the notice period.
7. Before the contract is automatically extended under paragraph 6 of this article, providers must inform subscribers, in a clear and durable manner, of the end of the contract term and of the ways in which the subscriber can terminate the contract. At the same time, with this notification, providers also give subscribers advice on the best rates for their services, including the option to renew the contract. Providers provide subscribers with information and advice on the best rates at least once a year.
8. Subscribers have the right to terminate their contract at no additional cost upon receiving notification of changes to the contract terms proposed by the provider of publicly available electronic communications services, other than interpersonnel communication services independent of numbers, except where the proposed changes are exclusively to the subscriber's benefit, are of an administrative nature and have no negative effect on the subscriber, or where they are imposed for direct implementation by applicable legislation.
9. Providers notify subscribers at least one month in advance of any changes to the contractual terms and simultaneously inform them of their right to terminate the contract without any additional cost if they do not accept the new terms. The right to terminate the contract shall be exercisable within one month of receiving the notice. AKEP may extend this period to up to three months. AKEP ensures that the notice is made clearly and understandably through a durable communication medium.
10. Any significant, persistent, or frequently recurring discrepancy between the actual performance of an electronic communications service, other than an internet access service or an independent interpersonnel communications service, and the performance set out in the contract, is considered to constitute grounds for requesting the application of compensatory regulatory measures available to the user, in accordance with applicable legislation, including the right to terminate the contract free of charge.
11. When the end user, in accordance with the provisions of this law, has the right to terminate the contract for the publicly available electronic communications service, except for number-independent interpersonal communication services, before the end of the contract term, the end user does not pay any compensation for terminating the contract, except for any outstanding obligations for subsidized end-user equipment.
12. When the end user chooses to retain the end devices included in the integrated tariff package, at the time of contract signing, the compensation to be paid for the end device shall not be higher than its proportional value calculated based on the declared monetary value of the device, at the time the contract is entered into or based on the service fee for the remaining months until the end of the contract term, applying the lower of the two.
13. AKEP may establish other methods for calculating the compensation rate, provided that such methods do not result in a compensation level exceeding that calculated in accordance with paragraph 12 of this article.
14. The provider is obligated to remove all restrictions on using the terminal equipment on other networks free of charge, at a time determined by AKEP and no later than the date the subscriber pays the compensation for the terminal equipment.
15. With respect to transmission services used for machine-to-machine services, the rights referred to in points 8, 11, and 12 of this article are applicable only to end users who are consumers, micro enterprises, small enterprises, or non-profit organizations.
Article 145
Changing provider and number portability
1. In the event that the end user requests a change of the internet access service provider, The providers involved in the process must provide the end user with the appropriate information before and during the switching process and ensure continuity of the Internet access service, except in cases where it is not technically feasible.
2. The receiving provider ensures that activation of the internet access service takes place within the shortest possible time, on the date and within the timeframe expressly agreed with the subscriber.
3. The transferring provider continues to offer its internet access service under the same conditions until the receiving provider activates its internet access service. The service outage during the switching process must not exceed one business day. AKEP ensures that the provider switching process is simple and effective for end users.
4. AKEP ensures that all end users assigned numbers from the National Numbering Plan have the right to retain their numbers upon request, regardless of the operator providing the service, in accordance with the provisions of Article 126 of this law.
5. When a user terminates a contract, they retain the right to port a number from the National Numbering Plan to another provider for at least one month from the date of termination of the previous contract, unless the end user waives this right.
6. All providers of fixed public electronic communications networks and services are required to enable geographic number portability for all their subscribers when they switch the provider offering them fixed public telephone service.
7. All providers of public mobile electronic communications networks and services are required to enable the portability of the non-geographic number for all their subscribers when they switch providers offering the public mobile telephone service.
8. Operators may charge other operators a fee for number portability. The fees must be cost-oriented and must not serve as deterrents to end users' use of the number portability service.
9. The costs of adapting and maintaining the networks to enable number portability are borne by the respective operators.
10. AKEP ensures that operators do not charge end users direct fees for porting their numbers.
11. Number porting and activation are carried out within the shortest possible timeframe, on the date expressly agreed with the end user. In cases where the end user has entered into a number porting agreement with a new operator, the number is activated within one business day.
12. In the event of a porting failure, the transferring provider reactivates the number and related services for the end user until the number is successfully ported. The transferring provider continues to offer its services under the same conditions and terms until the services with the receiving provider have been activated. In any case, the service interruption during the porting process shall not exceed one business day. Access network operators or facility providers whose networks or facilities are used by the giving or receiving provider, or by both, take measures to carry out the porting without delay and to ensure uninterrupted service delivery to the user.
13. AKEP shall, by regulation, determine the details of the porting process, taking into account the technical conditions for carrying out the porting, as well as the need for the end user to continue receiving the service. AKEP may provide in its regulations for exceptions to the principle set out in paragraph 11 of this article in justified cases and, where necessary, in relation to specific processes for the portability of multiple numbers at the same time.
14. The receiving provider and the transferring provider in a porting process cooperate with each other in good faith, without delaying or abusing the number porting procedures, and do not port numbers without the end user's clearly expressed consent. The end user's contract with the transferring provider automatically terminates upon completion of the porting process.
15. Transferring providers, upon request and where technically feasible, shall refund consumers for any remaining or unused credits in the use of prepaid services. The provider may apply a fee for the refund only if provided for in the contract. The fee for the refund must be proportionate and in proper relation to the transferor operator's actual costs of providing the refund.
16. AKEP, based on the specifics of the Albanian electronic communications market and after a consultation process on the technical possibilities, approves by regulation the methods for compensating end users by providers, in accordance with paragraph 15 of this article, with the aim of ensuring compensation in a simple manner and in compliance with the requirements of applicable legislation.
17. In addition to what is provided in Article 141 of this law, AKEP ensures that end users are appropriately informed in the contract about their porting and compensation rights, in accordance with paragraphs 15 and 16 of this article.
18. In cases of entrepreneurs' failure to fulfill the porting obligations set out in this article, AKEP shall take administrative measures regarding delays and abuse in the porting process, in accordance with the provisions of Article 184 of this law.
Article 146
Implementation of number portability
1. AKEP, through a specific regulation, determines the manner of implementing number portability and the respective timeframes.
2. In drafting the regulation referred to in point 1 of this article, AKEP must take into account the requirements of Article 145 of this law.
Article 147
Offers through packages
1. If a service package or a service package that includes end-user equipment, offered to an end user, contains at least one internet access service or an interpersonnel communication service based on publicly available numbers, then the provisions of paragraph 3 of Article 141, paragraph 1 of Article 142, and paragraph 1 of Article 145 of this Law apply to all elements of the package, including those elements, with the necessary modifications, that are not provided for in the cited provisions.
2. In cases where the end user has the right under Albanian law to terminate any of the elements of the package, as defined in paragraph 1 of this article, before the end of the agreed contract term due to non-fulfillment of the contract's conditions or failure to provide the service, the subscriber shall have the right to terminate the contract for all elements of the package.
3. Any addition of services or end-user equipment to a subscription agreement with the same provider of Internet access service or of interpersonnel communication services, based on numbers available to the public, shall not extend the current term of the contract to which these services or end-user devices have been added, unless the subscriber expressly agrees otherwise when adding the additional services or end-user device to the contract.
4. Paragraphs 1 and 3 of this article also apply to end users that are microenterprises, small enterprises, as defined in the applicable legislation on the development of micro, small and medium-sized enterprises, or nonprofit organizations, except where they have expressly agreed to waive all or part of the rights provided for in these provisions.
5. The AKEP may apply paragraph 1 of this article to other provisions provided for in this law.
Article 148
Availability of services
1. Electronic communications undertakers take all necessary measures to ensure the fullest possible availability of voice communication services and Internet access services, provided over public electronic communications networks in the event of a catastrophic network failure or force majeure. Voice communication service providers take all necessary measures to ensure uninterrupted access to emergency services and uninterrupted transmission of public alerts.
2. Notwithstanding paragraph 1 of this article, undertakings providing access to a public electronic communications network may temporarily restrict or interrupt access to their services without the approval of the users if this is necessary for the improvement, modernization, maintenance, or in the event of network defects or damage.
3. Entrepreneurs must inform AKEP and notify subscribers about service limitations or interruptions. This notification is carried out:
a) at least 48 hours in advance, in the case of planned work to improve, modernize, or maintain the network that will last more than 30 minutes;
b) as soon as possible, but in no case later than 48 hours after the occurrence of the restriction or interruption caused by network defects or damage, when the interruption or restriction simultaneously affects a significant number of users as defined in the relevant regulation approved by AKEP.
Article 149
Emergency communications and the European emergency number
1. Entrepreneurs must ensure that all end-users, including users of pay-phones, have access to emergency services through emergency communications free of charge and without needing to use any payment instrument, using the single European emergency number “112” and any national emergency number, as defined by applicable legislation.
2. AKEP promotes access to emergency services through the unique European emergency number “112” via electronic communications networks that are not public but enable calls to public electronic communications networks, especially when the operator responsible for that network does not provide alternative and easy access to emergency services.
3. The AKEP, after consulting with the authorities responsible for emergency services and electronic communications service providers, ensures that providers of interpersonal communications services, based on publicly available numbers, which enable end users to originate calls to numbers in the national or international numbering plan, to ensure access to emergency services through emergency communications to the most appropriate PSAPs, in accordance with paragraph 3 of Article 47 of Law No. 45/2019, “On Civil Protection.”.
4. The competent authorities of PSAPs ensure that all emergency communications to the European single emergency number “112” are answered and handled in the manner most appropriate to the national organization of emergency systems. These emergency communications to the “112” number must be answered and handled with at least the same level of speed and effectiveness as communications to national emergency numbers, as long as the latter remain in use.
5. The competent authorities of PSAPs will take into account the European Commission's reports on the effectiveness of implementing the single European emergency number “112.” .
6. The AKEP, in cooperation with the PSAP authorities, ensures that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end-users, in accordance with the legislation and regulations in force in the Republic of Albania, regarding the accessibility requirements for products and services. AKEP takes the appropriate measures to ensure that when traveling to another state, end users with disabilities have access to emergency services, on terms equivalent to those of other end users, where possible, without the need for any prior registration.
7. Number-based interpersonal communications providers must ensure that the caller's location information is made available to the most appropriate PSAP without delay after the emergency communication is established. This will include network-based location information and, when available, caller location information generated by the mobile end device. Providers must ensure that the creation and transmission of caller location information is free of charge for the end user and PSAPs for all emergency communications to the European single emergency number “112”. AKEP may extend the scope of this obligation to include emergency communications to national emergency numbers. The criteria to be applied for the accuracy and reliability of the information provided on the caller's location shall be determined by AKEP.
8. Providers must ensure that end users are appropriately and adequately informed about the existence and use of the unique European emergency number “112,” as well as its accessibility features, including through initiatives specifically aimed at end users with disabilities. This information will be provided in accessible formats, addressing various types of disabilities.
9. To ensure effective access to emergency services through emergency communications with the single European emergency number “112”, the AKEP adopts the necessary rules to ensure compatibility, interoperability, quality, reliability, and continuity of emergency communications in European Member States, with regard to solutions for caller location information, access for end users with disabilities, and routing of communications to the most appropriate PSAPs. These rules must be adopted without affecting or interfering with the organization of emergency services, which remain the exclusive competence of the Republic of Albania.
Article 150
Public warning system
1. Upon activation of the public alert system by the responsible authorities, in accordance with the civil protection law, providers of number-based interpersonal communication services on mobile networks ensure the transmission of public alerts for civil emergencies or major disasters in progress or expected to end users affected accordingly.
2. Notwithstanding paragraph 1 of this article, the ministry, in cooperation with AKEP, may determine that public warnings be transmitted through publicly available electronic communications services, other than those mentioned in point 1 and other than television or radio broadcasting services, or through an application from mobile devices that relies on internet access, provided that the public alerting system has equivalent effectiveness in terms of coverage and capacity to reach end users, including those who are temporarily present only in the area in question, taking into account BEREC's guidelines.
3. Public warnings must be easily accessible to end users.
Article 151
Guaranteeing equal access and the opportunity to choose for end users with disabilities.
1. The AKEP, in cooperation with other competent authorities for social affairs, determines the requirements that providers of publicly available electronic communications services must meet to ensure that end users with disabilities:
a) to have access to electronic communications services, including the relevant contractual information provided under Article 141 of this law, on terms equivalent to those enjoyed by the majority of end users; and
b) to benefit from the selection of entrepreneurs and services available to the majority of end users.
2. In determining the measures, in accordance with paragraph 1 of this article, AKEP, in cooperation with the authorities responsible for social inclusion, assesses the specific requirements of general needs, as well as the scope and form of the specific measure for end users with disabilities, and will encourage compliance with the relevant standards or specifications established in accordance with Article 53 of this law.
Article 152
Directory Assistance Services
1. Providers of number-based interpersonal communication services that supply end users with numbers from the National Numbering Plan, for the purposes of providing services available to the public and of searching for information in the directory, comply with all reasonable requests to make the relevant information available on fair, objective, non-discriminatory, and cost-oriented terms in an approved format.
2. The AKEP may impose obligations and conditions on the undertaking that provides access to end users for the provision of information‐lookup services in the directory, in accordance with the provisions of Article 82 of this law, on objective, equal, non‐discriminatory, and transparent grounds.
3. Points 1 and 2 of this article shall be applied in accordance with the requirements of the personal data protection law and the provisions of Article 167 of this law.
Article 153
Interoperability of vehicle and consumer radio devices
1. The Ministry, in cooperation with the relevant authorities and the AMA, takes measures to ensure the interoperability of vehicle radio equipment and consumer digital reception equipment.
2. The rules for ensuring interoperability between vehicle radio equipment and consumer digital receivers are adopted by a decision of the Council of Ministers.
Article 154
Insurance of accompanying facilities
1. In accordance with the provisions of point 2 of Article 115 of this law, AKEP requires all providers of Internet access services or interpersonnel communication services based on publicly available numbers to make available, free of charge, all or part of the accompanying facilities defined in Article 116 and following of this law.
2. When implementing paragraph 1 of this article, AKEP may expand the list of ancillary facilities to ensure a higher level of consumer protection.
3. AKEP may decide to waive the obligation to implement paragraph 1 of this article in all or part of the territory of the Republic of Albania if, after obtaining the views of interested parties, it determines that access to these facilities is sufficient.
Article 155
User registration
1. Providers of electronic communications networks and services are required to register their users with a subscription agreement or prepaid card before activating the service.
2. AKEP determines the form with the data that users are required to provide to enable their registration under this article, including the electronic format and/or biometric identification elements.
Chapter XIX
Protection of Personal Data and Privacy
Article 156
Secrecy
1. Entrepreneurs must implement appropriate organizational and technical measures for electronic communications and data processing systems to protect the confidentiality of electronic communications and personal data from unauthorized access to those systems.
2. The entrepreneur, his authorized representatives, and employees are obligated to preserve and protect the data and the confidentiality of communications conducted through his network and services, both during the period of operation and after its conclusion.
3. Paragraphs 1 and 2 of this article do not prevent the storage of data for technical purposes necessary to transmit communications, without compromising the principles of confidentiality.
4. It is prohibited for operators to intercept, record, publish, store, monitor, or otherwise supervise communications, as well as traffic-related data, without the prior consent of the user or other parties to the communication, other than the user, except in cases provided for by applicable law.
Article 157
Protective measures
1. Network and public electronic communications service providers are required to implement, individually or, where necessary, in cooperation with one another, technical and organizational measures to ensure the security of the networks and services they provide. In particular, measures are taken to prevent and minimize the impact of security incidents on users of interconnected networks.
2. These measures ensure an appropriate level of protection and security against potential, foreseeable risks. The measures must at least:
a) ensure that personal data are accessible only to authorized personnel for specific, clearly defined, and lawful purposes;
b) to protect personal data stored or transmitted from accidents or unlawful destruction, loss, or accidental alteration, and from unauthorized or unlawful storage, processing, access, or disclosure;
c) to ensure the implementation of security policies related to the processing of personal data.
3. Providers of public electronic communications networks and services are required to inform their users of a particular risk, how users can reduce the risk, as well as any possible costs that the user must cover if the risk that occurs is beyond the measures the operator can take.
4. In the event of a personal data breach, the undertaking providing publicly available electronic communications services shall without delay notify AKEP of such breach.
5. When a personal data breach may adversely affect the personal data and privacy of the subscriber or individual, the entrepreneur notifies the subscriber or individual of the breach without delay.
6. If the operator has certified to AKEP that it has implemented the necessary technological protective measures and these measures have been applied to the relevant data, then the operator is not required to notify the subscriber or individual of the personal data breach. These technological protective measures render this data unreadable to anyone without authorized access to it.
7. Without prejudice to the obligation of the controller to inform the data subjects, if the controller has not informed the data subject of a personal data breach, AKEP, after taking into account the adverse impact of the breach, may require the operator to notify the subscriber.
8. The notification to the data subject or individual describes at least the nature of the personal data breach and the contact person from whom more detailed information can be obtained, and also recommends measures to minimize the potential adverse effects of the personal data breach. The notification to the AKEP, in addition, describes the consequences and the measures proposed or taken by the provider regarding the personal data breach.
9. The controllers maintain an inventory of personal data breaches, containing facts about such breaches, their impact, and the remedial measures taken, sufficient to enable the competent national authorities to verify compliance with the provisions of paragraph 3 of this article. This inventory includes only the information necessary for this purpose.
10. AKEP, in coordination with the authority responsible for the protection of personal data, shall specify in detail the obligations set out in paragraphs 1 through 9 of this article by means of a regulation. In particular, AKEP may require that undertakings:
a) to provide the necessary information to assess the security and integrity of services and networks, including documented security policies;
b) to submit the security audit, carried out by a certified and independent body or by a competent authority, to AKEP and thereby make its results available to AKEP. The cost of the audit will be borne by the operator.
11. In the event of a security breach or when a security audit reveals insufficient security measures, AKEP, by decision, shall require the operators to implement the necessary security measures. AKEP may specify the minimum requirements for the measures to be taken and the timeframes for their implementation.
12. AKEP may inform the public itself or require the operator to notify it if it determines that making this violation public is in the public interest.
13. AKEP may exchange information on security breaches with the European Commission and the European Union Agency for Network and Information Security, as well as with competent authorities in other countries, in accordance with the requirements of data protection law for international transfers.
Article 158
Confidentiality of electronic communications
1. The confidentiality of electronic communications includes:
a) the content of the communication;
b) traffic and location data;
c) data on unsuccessful attempts to establish the connection.
2. All forms of supervision, interception, interruption, recording, storage, transfer, and diversion of communications, as well as the data referred to in paragraph 1 of this article, are prohibited, except when this is necessary for the transmission of messages, fax, electronic mail, telephone answering service, voice messages, short messages or in cases provided by law.
3. If providers of public electronic communications networks and services need to access the content of communications or to copy or store communications and traffic data, they are required to inform the subscriber at the time of signing the contract or upon commencement of the provision of the communications service. When the information or content of the communication is no longer necessary for the provision of the specific public communications service, it is deleted as soon as is technically feasible.
4. Subscribers or users may record communications, but they are required to inform and obtain the prior consent of the sender or recipient of the communication for the recording or to adjust the functioning of the recording device, so that the sender or recipient of the communication is informed of its operation and that a recording is being made.
5. The recording of communications and accompanying traffic data is permitted for the purpose of securing evidence of transactions in the marketplace or of any other business communication.
6. The use of electronic communication networks to store data or to access data stored on the subscriber's or user's end devices is permitted only when the subscriber or user in question has given consent, by providing clear and comprehensible information about the purpose of the processing, in accordance with the requirements of personal data protection law. This does not prevent any technical storage or access solely for the purpose of transmitting a communication over an electronic communications network or when this is strictly necessary for the provision of a service of the information society explicitly requested by the subscriber.
7. The storage of data or access to data is permitted only to facilitate the transmission of a communication in an electronic communications network or, where this is necessary, to provide an information society service, which the subscriber or user has previously and explicitly requested.
8. Entrepreneurs shall notify AKEP and the authority responsible for personal data protection no later than 72 hours after becoming aware of a personal data breach.
Article 159
Communication traffic data
1. Subscriber and user traffic data processed or stored by a public communications network operator or a public communications service provider must be erased or rendered anonymous as soon as it is no longer necessary for the transmission of the message.
2. Operators and providers of public communication networks may store and process traffic data necessary for billing and interconnection payments until the payments are completed.
3. Public communications service providers, for the purpose of marketing electronic communications services or for the provision of value-added services, may process traffic data only after obtaining prior consent from the subscriber or users. Subscribers or users must be informed about the type of traffic data being processed before giving their consent to its processing. Subscribers and users have the right to withdraw their consent at any time.
4. Operators and providers of public communications networks are required to specify in the contract the method of storage, the retention period, and the manner of processing traffic data, and to declare that they will store this information in accordance with this law.
5. Traffic data may only be processed by the authorized responsible persons of the operators and providers of public communication networks or services, who are responsible for billing or traffic management, customer service, marketing of electronic communication services, fraud detection, or the provision of value-added services, while the processing must necessarily be limited solely to the development of their activities.
6. Operators and providers of public communications networks are required to provide AKEP with traffic data for the purposes of carrying out the activities provided for in this law, upon prior request.
Article 160
Storage and administration of data for criminal law enforcement and national security purposes.
1. For the purposes of safeguarding national security, combating serious crimes, and preventing serious threats to public safety, electronic communications traffic data is retained for a limited period of time necessary for the purpose of retention.
2. Traffic and location data are stored on an objective and non-discriminatory basis, according to categories of persons involved or geographic definitions.
3. Data files, for the purpose of enabling investigation, discovery, and criminal proceedings, in accordance with the criminal procedure and for defense and national security purposes, in compliance with laws in the field of defense and national security, are stored and administered by contractors for a maximum period of two years. These files must contain data that enable:
a) identification of consenting parties, ensuring the collection and recording of their full identities;
b) identification of the end device used during communications;
c) determination of the location, date, time, duration of the communication, and the number dialed and the caller, including data on unanswered calls.
4. In the case of online communications, the file must contain:
a) data necessary for tracking and identifying the source of communication:
i. the identity of the specified consenting party;
ii. the identity of the subscriber and the telephone number designated for communications entering the public telephone network;
iii. the name and address of the subscriber or registered user to whom an IP address, user identity, or telephone number assigned at the time of communication has been allocated;
b) data necessary to identify the destination of the communication:
i. in the case of internet telephony, the user's identity or the telephone number of the called number;
ii. in the case of electronic mail or internet telephony, the name and address of the subscriber or registered user and the identity of the user of the intended recipient of the communication;
c) data necessary to identify the date, time, and duration of the communication:
i. the date and time of the connection and disconnection of the internet access service, according to local time;
ii. the IP address, indicating whether it is dynamic or static, assigned by the Internet service provider;
iii. the identity of the subscriber or registered user of the internet access service.
5. The obligation to retain data for unanswered calls, pursuant to paragraph 3(c), for voice communications, as well as the obligation for data, pursuant to subsection “i” of paragraph 4 of this article, for internet communications, applies to the extent that such data are created, processed, and stored by the provider of public electronic communications services or networks within their jurisdiction when providing communications services.
6. The data in these files are stored in accordance with applicable legislation on the protection of personal data.
7. These files shall also be made available without delay in electronic form, upon their request, to the authorities designated by the Code of Criminal Procedure, the courts, the prosecution, and any public body to which a special law grants the right to prevent, investigate, uncover, or prosecute criminal offenses or to execute criminal sentences, including the protection and prevention of threats to public security, the defense or national security, or any other institution to which by law the right is granted to exercise public functions, duties, or powers, based on the applicable legislation for one or more of these purposes, upon their request.
8. Network and electronic communications service operators are required to destroy stored data at the end of the retention period, unless otherwise provided for in applicable legislation.
Article 161
Detailed billing for publicly available telephone services.
1. Service providers are required to provide their subscribers to publicly available telephone services with a free detailed bill in order to enable them to monitor the amount charged. Subscribers also have the right to receive a non-detailed bill free of charge. In both cases, the operator must ensure the free delivery of the detailed or non-detailed bill to the subscriber's address, according to the option chosen by the subscriber.
2. The invoice referred to in point 1 of this article may not include calls to toll-free numbers and calls to emergency numbers.
3. The detailed invoice for public telephone services includes at a minimum the following elements:
a) the billing period;
b) the fixed monthly fee for the service;
c) the type and amount of all other possible payments for the billing period;
c) the numbers called, the date, the time, as well as the duration of the calls made;
d) the corresponding payment for each communication made.
Article 162
Identification of the calling and called line
1. Operators or providers of public communication networks that offer caller line identification are required to enable the caller, before any call, to easily and free of charge conceal their call identification. Public communications service providers are required to ensure that their subscribers can automatically and free of charge prevent the identification of all calls on their lines.
2. Operators and providers of public communications network services shall not comply with the obligations arising from paragraph 1 of this article except for calls to emergency services.
3. Operators and providers of public communications networks that offer caller identification must allow the recipient of calls to prevent the caller's identification before any call, in a simple and free manner.
4. In the event that operators and providers of public communication network services offer caller line identification and such identification is possible before the communication begins, the called subscriber must have the ability to, in a simple manner and free of charge, to refuse all incoming calls for which the caller has withheld the caller ID.
5. If a public communications network operator or service provider offers caller line identification, it must enable the called user to use caller line identification blocking in a simple and free-of-charge manner.
6. In the event that a subscriber requests in writing that the operator trace malicious calls, operators and providers of public communications network services may temporarily record the origin of all calls that terminate on the subscriber's end-user device, including those for which a request for caller ID suppression has been made.
7. Tracking data must be retained, and any further processing by the contractor shall be carried out in accordance with applicable legislation.
8. Operators and providers of public communication network services are required to include in the subscriber's general contract terms the option to enable or disable caller ID and called-party number identification.
9. The provisions of this article apply to subscriber lines connected to digital exchanges and to analog exchanges, only if these requirements are technically feasible and do not entail unjustified costs.
Article 163
Location data
1. Location data, in addition to other traffic data of the subscriber or user, may only be processed in an anonymous form or, once the subscriber or user has consented, but only for the duration of the provision of the value-added service.
2. Users or subscribers may withdraw at any time the consent referred to in paragraph 1 of this article.
3. Users and subscribers, before giving consent for data processing, must be informed of:
a) the type of data to be processed;
b) the purposes and duration of the processing;
c) the possibility that their location data may be transferred to third parties for the provision of value-added services.
4. Users and subscribers who have consented to the processing of their location data, in accordance with paragraph 1 of this article, must be able to easily and free of charge withdraw their consent to the processing of such data for any network connection or any communication transmission.
5. Location data, pursuant to paragraph 1 of this article, may be processed only by the persons responsible employed by the operator or public communications service provider or by third parties offering value-added services, but must be restricted to what is necessary for the provision of the value-added service.
6. If technically feasible, operators are required to provide location data for emergency number services to the competent emergency service authorities.
Article 164
Automatic call forwarding
The subscriber has the option, free of charge and easily, to automatically block calls forwarded from a third party to their end device.
2. The provision of paragraph 1 of this article applies only if its implementation is technically feasible or does not impose unreasonable costs.
Article 165
Unsolicited communications
1. The use of automated calling systems to send calls to telephone subscribers, without human intervention, such as by fax or email, for marketing purposes is permitted only after prior approval by the users, which may be revoked at any time.
2. Natural or legal persons who have email addresses from customers of their products or services, may use these addresses for direct marketing of similar products or services only if they have obtained clear, express consent that the customers wish to be contacted for marketing purposes by them, and are also required togive their customers the opportunity, at any time, in a simple and free manner, to stop the use of their postal address or email address for marketing purposes.
3. It is prohibited to send an SMS or email message for direct marketing purposes when the sender's identity is concealed or when there is no valid address to which the recipient can request that these communications be stopped.
Article 166
End user data
1. Operators collect the following data for their end users:
a) the name or title of the end user;
b) the identification number of the natural person and the registration number of the legal person;
c) the activity that a party carries out at his request;
c) the subscriber's address;
d) the subscriber's number;
d) at the subscriber's request, an academic title may be included after the subscriber's name;
e) upon payment, additional data, if the subscriber so desires, provided that the rights of third parties are not infringed;
e) the correctness of the payment.
2. The data referred to in paragraph 1 of this article shall be used only for:
a) the signing, monitoring, and completion of the subscriber's contract;
b) billing for services;
c) the preparation and publication of the subscriber's directory, in accordance with this law.
3. Upon termination of the contract, the data from paragraph 1 of this article shall be retained for no less than one year from the date of issuance of the final invoice for the services provided, and if during this period, an order has been issued by the competent authorities for the preservation and transfer of this data, they are retained for the period specified in the order issued by the competent authorities.
Article 167
Phone directory
All subscribers to public telephone services have the right to be included in the general telephone directory.
2. Entrepreneurs who provide publicly available telephone services are required:
a) to inform all subscribers, free of charge, before they are included in a public telephone directory, of the directory's purpose and the available information‐search functions;
b) to offer all subscribers, free of charge, the opportunity to decide whether their personal data may be included in a public directory, to select the data they do not wish to include, and to verify and correct that data;
c) to offer all subscribers, free of charge, the option to have their personal data excluded or removed from a telephone directory.
3. Entrepreneurs are required to obtain the subscriber's prior consent when including them in the public directory. All end users of publicly available telephone services must have access to any directory of telephone information services.
4. Entrepreneurs are required to ensure the confidentiality of subscriber data, including its storage, use, and disclosure, in accordance with this law and other applicable legal acts.
Article 168
Legal interception of communications
The lawful interception of electronic communications is carried out in accordance with applicable legislation. Providers of public electronic communications networks and services fulfill their obligations in accordance with applicable legislation.
Chapter XX
Measures for the Protection of Public Electronic Communications Networks
Article 169
Protecting the network from damage
The contractor maintains complete and accurate documentation for its own network. Upon official request, contractors provide the authorities responsible for urban planning and each other with data on parts of this network, to prevent damage to the network from underground or construction works or from potential electrical effects caused by the commissioning of other equipment near the electronic communications network.
Article 170
The right to use public and private property
1. The contractor has the right to use land, plots, or state-owned facilities, including buildings and pipelines constructed on or under them, subsoil and airspace rights, roads, lakes, forests, etc., for the deployment of electronic communications equipment, as well as for their maintenance.
2. Ownership or other rights over real estate, in cases where they are of particular interest for the construction, operation, and maintenance of public electronic communications networks and associated infrastructure, shall be expropriated or restricted in accordance with the procedures and methods set forth in the applicable legislation, unless otherwise provided in this law.
3. Public electronic communications networks are planned so as to create as few risks and concerns to private property as possible.
4. Before beginning work on plots or in publicly owned areas, contractors notify the relevant authorities and comply with all requirements they impose. Disputes between the contractor and the relevant authority are resolved by the court.
5. The contractor is required to exploit the above-mentioned properties in accordance with environmental protection laws and, upon completion of the works, when objectively possible, must restore the environment to its previous condition.
6. The entrepreneur uses land, plots, and facilities, which are private property, in agreement with their owners, in accordance with applicable legislation.
7. When the installation or maintenance of electronic communications equipment damages property or alters its function, the contractor is required to compensate for the damage in accordance with applicable legislation.
Article 171
The contractor's maintenance obligation
1. The contractor is required to keep the electronic communications equipment in good working order, in compliance with the technical conditions and specifications set forth in the relevant standards.
2. When carrying out tasks for the maintenance of electronic communications equipment, employees authorized by the operator have the right to enter public and private property to perform the necessary work and to install various signs indicating the presence of electronic communications facilities.
3. To ensure the normal operation of electronic communications equipment, the operator has the right to cut down trees, shrubs, branches, and roots that threaten the above-mentioned equipment, in accordance with the requirements of applicable laws and regulations. If a private owner becomes an obstacle, the contractor will refer the matter to the competent authorities, which will take the necessary measures within 15 days.
Article 172
Protecting the network from third-party damage
1. To prevent possible damage to the existing electronic communications network, any natural or legal person undertaking construction or excavation work must notify the electronic communications network operators before beginning the work.
2. If work on the existing electronic communications network cannot be avoided, all costs for protecting, avoiding, or repairing damage to these networks shall be borne by the entity carrying out the work.
3. Disputes between the parties are resolved by the court.
Article 173
Obligations for construction entrepreneurs
In the case of the construction of buildings for business purposes or residential buildings, construction contractors are required to build the infrastructure for the internal electronic communications network in accordance with Law No. 120/2016, “For the development of high-speed electronic communications networks and the securing of the right of way,” to build on-premises access points and internal infrastructure for high-speed networks and to make the on-premises access point available to electronic communications operators.
Chapter XXI
Electronic Communications in Special Circumstances
Article 174
Extraordinary measures to ensure service
1. Operators are required, with their networks and services, to meet the state's needs in an emergency situation and when required by national defense and public security interests.
2. Entrepreneurs providing access to public electronic communications networks and electronic communications services available to the public shall draw up and submit to AKEP a plan to ensure the integrity of the public communications network and access to public communications services, applicable in an emergency situation. For the purposes of this law, "extraordinary situation" means severe network damage, natural disasters, a state of civil emergency, or a state of war.
3. The plans, in accordance with paragraph 2 of this article, ensure uninterrupted access to and use of emergency numbers.
4. The plans require entrepreneurs to implement emergency measures throughout the duration of the extraordinary situation.
5. By decision of the Council of Ministers, measures are approved to ensure the continuity of the provision of electronic communications services in emergency situations, upon the proposal of the minister, in cooperation with other structures designated by law for handling emergency situations and with AKEP. These measures must be included in the action plans, in accordance with paragraph 1 of this article.
Article 175
Entrepreneurs' cooperation in special cases
1. Entrepreneurs are required to cooperate with each other and with governmental, intergovernmental, and non-profit organizations in using electronic communication resources to facilitate and address specific cases:
a) by installing terrestrial and satellite communication equipment to prevent, monitor, and ensure the prevention of natural damage, disasters in general, and health-related disasters in particular;
b) by disseminating notices about natural disasters, health emergencies among the relevant bodies, and the public dissemination of information, especially to communities most at risk;
c) by establishing and commissioning flexible electronic communications services used by humanitarian organizations.
2. To facilitate the implementation of the above measures, entrepreneurs enter into separate agreements and make separate payments or sign addenda to existing agreements.
Article 176
Universal service guarantee during strikes
Universal service providers are required to designate in advance the personnel who will ensure uninterrupted universal service in the event of strikes, as well as to fulfill the undertaker's obligations, in accordance with the provisions of Article 175 of this law.
Chapter XXII
Open Internet Regulations
Article 177
Guaranteeing open access to the Internet
1. End users have the right to access and distribute information and content, and to use and provide applications and services, through the internet access service, as well as to use end-user devices of their choice, regardless of the end-user's location, the provider's or location's location, the origin or destination of the information, content, application, or service.
2. Contracts between Internet access service providers and end users for the commercial and technical terms, as well as the characteristics of the Internet access service, such as price, data volume or speed and any commercial practice used by Internet access service providers, do not limit the exercise of the end users' rights provided for in paragraph 1 of this article.
3. Internet access service providers, in the provision of this service, must treat all traffic equally, without discrimination, restrictions, or interference and regardless of the sender and recipient, the content accessed or distributed, the applications or services used or offered, or the end-user devices used. The provisions of this point do not prevent the provider of Internet access services from implementing reasonable traffic management measures, which must be transparent, non-discriminatory, and proportionate.
4. Reasonable traffic management measures are based on objective technical service-quality requirements, which vary for specific traffic categories, and are not based on commercial interests. Such measures will not monitor specific content and will not be applied for longer than necessary.
5. Internet access service providers shall not undertake traffic management measures that exceed those specified in point 4 of this article, and in particular shall not block, slow down, alter, restrict, interfere with, degrade or discriminate against specific content, applications, or services or specific categories thereof, unless it is necessary and only for as long as is necessary, in order to:
a) comply with the legislation and relevant legal and sub-legal acts that the internet access service provider is required to apply, including orders from courts or public authorities entrusted with the corresponding powers;
b) to preserve the integrity and security of the network, the services provided through that network, and the end-user devices;
c) prevent imminent network overloads and mitigate the effects of extraordinary or temporary network overloads, provided that equivalent traffic categories are treated equally.
6. Any traffic management measure that may require the processing of personal data may be undertaken only if such processing is necessary and proportionate to achieving the objectives set out in paragraph 3 of this article. This processing is carried out in accordance with the Personal Data Protection Law, this Law, and their implementing regulations.
7. Public electronic communications providers, including internet access service providers and providers of content, applications, and services, are free to offer services other than internet access services, which are optimized for content, applications or specific services or a combination thereof, where the optimization is necessary to meet the requirements of the content, applications or services for a given level of quality.
8. Providers of electronic communications to the public, including providers of internet access services, may offer or facilitate the provision of such services only if the network capacity, in addition to any internet access service provided, is sufficient to also provide these services. These services shall not be used or offered as a substitute for internet access service and shall not impair the overall availability or quality of internet access services for end users.
Article 178
Transparency measures to ensure open access on the Internet
1. Internet access service providers ensure that any contract involving Internet access services specifies at least:
a) information on how the traffic management measures applied by that provider may affect the quality of Internet access services, end users' privacy, and the protection of their personal data;
b) a clear and comprehensible explanation of how any volume, speed, and other quality-of-service restrictions may in practice have an impact on Internet access services and, in particular, on the use of content, applications, and services;
c) a clear and understandable explanation of how each service referred to in point 7 of Article 177 of this law, which the end user agrees to, may in practice have an impact on the internet access services provided to that user;
c) a clear and comprehensible explanation of the minimum, normally available, maximum, and advertised download and upload speeds of internet access services in the case of fixed networks, or of the maximum estimated and advertised download and upload speeds of internet access services, in the case of cellular networks and how significant deviations from the respective declared download and upload speeds affect the exercise of end users' rights, as defined in point 1 of Article 177 of this law;
d) a clear and comprehensible explanation of the legal remedies available to the consumer, in accordance with national legislation, in the event of any ongoing or regularly recurring non-compliance, between the actual performance of the internet access service, in relation to the speed or other service quality parameters and the required performance, in accordance with the above subparagraphs.
2. Internet access service providers provide transparent procedures, simple and efficient procedures for handling user complaints regarding the rights and obligations set out in Article 177 of this law and in paragraph 1 of this article, which are published on their website and made available at points of sale.
3. Any significant, continuous, or regularly recurring mismatch between the actual quality of the internet access service, with respect to speed or other quality of service and performance parameters, and the performance demonstrated by the internet access service provider, in accordance with letters “a” through “d” of paragraph 1 of this article, when the relevant facts are verified by a monitoring mechanism certified by AKEP, shall be considered to constitute a performance discrepancy for the purposes of facilitating the legal remedies available to the consumer, in accordance with national legislation. This paragraph applies only to contracts entered into or renewed 1 year after the entry into force of this law.
Article 179
Supervision and enforcement
1. AKEP closely monitors and ensures compliance with Articles 177 and 178 of this law, and promotes the ongoing availability of Internet access services on a non-discriminatory basis and at quality levels that reflect advances in technology.
2. In implementation of paragraph 1 of this Article, AKEP may impose requirements regarding technical specifications, minimum service quality standards, and other appropriate and necessary measures on one or more providers of public electronic communications, including providers of internet access services. AKEP publishes annual reports on its monitoring and findings.
3. At the request of AKEP, providers of public electronic communications, including providers of internet access services, make available to AKEP information regarding the obligations set out in Articles 177 and 178 of this law, in particular information on the management of their network capacity and traffic, as well as the justifications for any traffic management measures applied. These providers will provide the requested information in accordance with the deadlines and level of detail required by AKEP.
4. No later than six months after the entry into force of this law, and in order to ensure the consistent application of these rules, the AKEP, after consulting with interested parties and based on the relevant BEREC documents, shall issue guidelines for the implementation of the obligations under this article.
Article 180
Requested information for contracts
1. Providers of publicly available electronic communication services, other than transmission services, used for the provision of machine-to-machine services, shall provide in the contract the following information:
a) the main characteristics of each service, specifying the minimum quality level of each service and the extent to which these are provided. For services other than internet access services, as defined in Article 177 of this law, specific guaranteed quality parameters shall be provided. When minimum service quality levels are not offered, a declaration is made;
b) information on the price and, where applicable, the respective prices for activating the electronic communications service and for any consumption-related charges;
c) information on the contract's duration and the conditions for its renewal and termination, including any possible termination fees, to the extent that such conditions apply:
i. any use or minimum duration required to benefit from the promotional terms;
ii. any fee related to shift changes and the compensation and reimbursement agreements for shift delays or abuses, as well as information regarding the applicable procedures;
iii. information on the right of consumers using prepaid services to a refund, upon request, of any remaining credit in the event of service termination, as defined in Article 145 of this law;
iv. any fee due for the early termination of the contract, including information on the unlocking of terminal equipment and any cost coverage related to the terminal equipment;
c) any compensation and reimbursement agreement, including, where applicable, a clear reference to consumer rights, which apply if contracted service quality levels are not met or if the provider inadequately responds to a security incident, threat or vulnerability;
d) the type of action that the provider may take in response to security incidents or threats and vulnerabilities.
2. Providers of Internet access services and publicly available interpersonal communication services, in addition to the requirements set out in paragraph 1 of this article, provide the following information:
a) as part of the key features of any service offered:
i. any minimum level of service quality to the extent that such levels are provided and taking into account BEREC's guidelines regarding:
– Internet access services: low latency, jitter, packet losses;
– publicly available interpersonal communication services that exercise control over at least some elements of the network, or have a service-level agreement for this purpose with undertakings providing network access: at least the initial connection time, the probability of failure, call signaling, delays; and
ii. without affecting the user's right to use end-user equipment of his choice, in accordance with Article 177 of this law, any condition, including fees imposed by the provider for the use of supplied end-user equipment;
b) as part of the price information, where and to the extent applicable, the respective prices for activating the electronic communications service and for any recurring or consumption-based charges:
i. the details of the specific rate plan or plans under the contract and for each such rate plan, the types of services offered, including where applicable, communication volumes such as MB, minutes, messages included for the billing period and the price for additional communication units;
ii. in the case of a tariff plan or plans with a predetermined communication volume, the ability of consumers to carry over any unused volume from the previous billing period to the next billing period, when this option is included in the contract;
iii. facilities to maintain invoice transparency and monitor consumption levels;
iv. tariff information regarding any number or service that is subject to special pricing conditions; With respect to individual service categories, the competent authorities, in coordination, where appropriate, with national regulatory authorities require that this information be provided immediately, before the call is connected or connected to the service provider;
v. for package services and packages, including services and end-user equipment, the price of individual package elements, to the extent that they are also marketed separately;
vi. the details and conditions, including fees for any after-sales, maintenance, and customer support services; and
vii. the means by which updated information is obtained for all applicable fees and maintenance fees;
c) as part of the information on the contract term for package services and the conditions for contract renewal and termination, where applicable, the conditions for terminating the package or any of its elements;
c) which personal data will be provided before the service is performed or collected in the context of providing the service;
d) details about products and services created for users with disabilities and how updates to this information can be obtained;
d) information on the procedures for resolving disputes with the electronic communications service provider.
3. In addition to the requirements specified in paragraph 1(a) of this article, providers of interpersonal communication services, based on publicly available numbers, also provide the following information:
a) any restriction on access to emergency services or to the caller's location information due to a lack of technical feasibility, to the extent that the service allows users to initiate calls to a number in a national or international numbering plan;
b) the user's right to determine whether or not to include personal data in a telephone directory and the types of data in question, in accordance with the provisions of Article 167 of this law.
4. In addition to the requirements specified in paragraph (a) of point 1 of this article, internet access service providers also provide the information required under Article 178 of this law.
CHAPTER XXIII
Inspection, Monitoring of the Frequency Spectrum and Administrative Violations
Article 181
Inspection
1. The inspection of the activities of the public electronic communications networks and services operator or any other natural or legal person carrying out activities in the field of electronic communications is carried out by AKEP inspectors.
2. AKEP inspectors are issued a special identification document. They conduct inspections at the premises where the operator carries out its activities even without prior notice to verify compliance with the provisions of this law and the relevant regulations issued pursuant to it.
3. The entrepreneur or any other natural or legal person engaged in activities in the field of electronic communications is required to allow inspectors to conduct inspections wherever electronic communications equipment is present, and to provide inspectors with all data and documentation requested by them.
4. AKEP's supervisory activities are carried out in accordance with the relevant regulation approved by the Governing Board.
5. When special expertise is required, the inspector may request an expert.
Article 182
Blocking of devices and/or halting their operation
1. When a natural or legal person carries out activities in the field of electronic communications without authorization from AKEP, the inspectors authorized by AKEP seize the equipment.
2. Blocked devices are inventoried and seized. After a 30-day period from the date of blocking, if no appeal has been filed by the entrepreneur, the devices are handed over for sale to entities authorized by law. A portion of the proceeds from the sale is allocated to the state budget.
3. For the enforcement of equipment blocking duties, AKEP cooperates with local public authorities, the State Police, and the enforcement service.
4. The blocking and suspension of the operation of devices, pursuant to this article, shall be indicated by a seal, the contents and form of which are determined by AKEP.
5. When AKEP inspectors determine that radio equipment of electronic communications networks and services causes harmful interference, regardless of whether the appropriate authorization for its use has been obtained, they have the right to order its operation to cease.
6. Upon written request from the party whose signals have been interfered with, AKEP-authorized personnel shall conduct the necessary verification, and if it is determined that the harmful interferences have been eliminated, the continued operation of the device in question shall be permitted.
7. The procedure for handling interferences, their elimination, blocking, and the operation of devices is defined in the regulation approved by AKEP.
Article 183
Procedure for administrative measures
1. The procedure for inspection, determination, review, appeal, and enforcement of administrative infractions is carried out in accordance with the provisions of the Code of Administrative Procedure, as well as the legislation in force on inspection and administrative infractions.
2. AKEP, when determining the amount of fines, takes into account the following factors:
a) the seriousness and duration of the violation;
b) the circumstances under which the violation was committed;
c) if the infringing entrepreneur has a history of breaches of obligations;
c) the consequences that have arisen from the established violation.
3. The AKEP shall determine by decision the principles, criteria, and methodology for calculating the amount of fines, as well as the procedure for inspection activities in implementation of this law and national procedural law.
4. When, through the inspection procedure, it is determined that an operator in the field of electronic communications has, by acts or omissions, violated the provisions of this law, the authorized inspectors of AKEP shall impose one of the administrative measures provided for in this law.
5. When, even after the imposition of a fine based on one or more of the cases provided for in subparagraph “a” of paragraph 1 of Article 184 of this law, the relevant party fails to fulfill the obligations for which it was fined, the inspector proposes to the AKEP Governing Board that the operator be subject to revocation of:
a) the right to use one or more frequencies or numbering; or
b) the right to provide electronic communications services or networks.
6. The Board of Directors of AKEP, upon the proposal of the inspector, in accordance with point 5 of this article, warns the respective entrepreneur of the revocation of one of the rights, pursuant to letters “a” and “b” of paragraph 5 of this article, giving it a deadline to fulfill the obligations for which it was fined.
7. If the entrepreneur fails to fulfill the obligations within the deadline set by the AKEP Supervisory Board, in accordance with paragraph 6 of this article, the Supervisory Board shall decide on the revocation of:
a) the right to use one or more frequencies or numbering; or
b) the right to provide electronic communications services or networks.
Article 184
Fines
1. The following violations, when not constituting a criminal offense, are considered administrative offenses and are punishable by a fine as follows:
a) up to 3 percent of the annual revenues realized in the most recently closed financial year, but not more than 100,000,000 (one hundred million) lek, if the entrepreneur:
i. fails to notify AKEP before the commencement of the construction and use of public communication networks or services, in accordance with Article 27 of this law;
ii. does not establish a separate legal entity or maintain separate financial accounts of revenues if it uses electronic communications networks or services for personal use or to provide public communications services, in accordance with Article 36 of this law;
iii. does not provide universal service, in accordance with Article 112 et seq. of this law;
iv. fails to implement AKEP's decisions regarding the obligations set out in Articles 93, 94, 95, 96, 97, 98, 99, and 100 of this law;
uses frequencies without authorization from AKEP, in accordance with Articles 66 and 68 of this law;
vi. uses the numbering without the right of use from AKEP, in accordance with Articles 131 and 132 of this law;
vii. fails to maintain complete and accurate documentation for the network, in accordance with Article 169 of this law;
viii. does not ensure confidentiality and protective measures, in accordance with Articles 156, 157, and 158 of this law;
ix. fails to fulfill the legal obligation to retain and manage data for the purpose of criminal prosecution and national security, in accordance with Article 160 of this law;
x. prevents AKEP inspectors from entering the premises where communication and technical equipment have been installed, or fails to provide the data and documentation requested by the inspectors, in accordance with Article 181 of this law;
xi. fails to fulfill the obligations for the lawful interception of communications, in accordance with Article 168 of this law;
xii. fails to take appropriate technical, organizational, and proportional measures to adequately manage the risks to the security of networks and services, as defined in Article 54 of this law;
b) up to 2 percent of the annual revenues realized in the most recently closed financial year, but not more than 50,000,000 (fifty million) lekë if the entrepreneur:
i. fails to build and establish public communication networks and additional facilities to enable their shared use, in accordance with Article 58 of this law;
ii. fails to apply AKEP's rules on allocating the costs of co-use of network facilities or property and on coordinating civil works, in accordance with paragraph 3 of Article 58 of this law;
iii. fails to comply with the requirements under Article 113 of this law;
iv. fails to fulfill the obligation to finance universal service within the timeframe and to the extent specified by AKEP, in accordance with Article 128 of this law;
v. fails to submit to AKEP the information on annual revenues, in accordance with paragraph 5 of Article 128 of this law;
vi. fails to fulfill the obligations set forth in Articles 80, 81, 82, 83, 84, 85, and 86 of this law;
vii. transfers or leases the right to radio frequencies without the prior consent of AKEP, in accordance with Article 71 of this law;
viii. fails to fulfill the obligations established for number portability, in accordance with Article 145 of this law;
ix. does not publish transparent information on the applicable fees and on the general conditions for access to and use of public communication services, in accordance with Article 142 of this law;
x. fails to inform users and AKEP of the restriction or termination of access to their services, in accordance with paragraph 3 of Article 148 of this law;
xi. restricts access to its services, disconnects end users, or terminates a contract with an end user in violation of the provisions of the end user agreement and this law;
xii. introduces discriminatory and disproportionate measures in the end-user agreement;
xiii. fails to provide the end user with written notice of any violations and fails to set a time frame for fulfilling contractual obligations;
xiv. fails to approve and submit to AKEP a contingency plan for extraordinary situations, in accordance with Article 174 of this law;
xv. does not ensure uninterrupted access to emergency call numbers, in accordance with paragraph 1 of Article 148 of this law;
xvi. obtains for himself or for another party information about the content, facts and circumstances of the transmitted messages, beyond the minimum extent strictly necessary for the provision of specific electronic services, or does not use this information solely for the provision of these services and in accordance with the contractual undertaking regarding them;
xvii. does not inform users clearly and understandably about the purpose and use of the data or does not offer an opportunity to object to such data processing or fails to obtain a user's consent before processing the data;
xviii. fails to delete traffic data or render it non-identifiable, in accordance with Article 163 of this law;
xix. processes traffic data without the prior consent of the user or end user;
xx. allows traffic data to be processed by persons who are not authorized to do so;
xxi. fails to process location data;
xxii. allows location data to be processed by persons who are not authorized to do so;
xxiii. does not comply with the requirements of Article 165 of this law regarding unsolicited communications.
c) up to 1,000,000 (one million) lekë, if the entity:
i. does not comply with the requirements for the approval and allocation of radio frequencies;
ii. does not act in accordance with the decision on assigning numbers and number series;
iii. does not plan public communication networks in such a way as to create as few risks and disturbances to private property as possible;
iv. fails to notify the relevant authorities in advance before issuing permits prior to the start of work;
v. the end user contract does not contain all the specified requirements, in accordance with Article 141 of this law;
vi. fails to inform its end users of changes to the end user agreement, in accordance with Article 144 of this law;
vii. does not provide a level of detailed billing that enables expense control, in accordance with Article 117 of this law;
viii. fails to provide the detailed invoice with the required information, in accordance with Article 161 of this law;
ix. does not ensure the identification of the called number, as well as its blocking, in accordance with Article 162 of this law;
x. in the general terms of the contract with the end user, does not specify the possibility of providing caller line identification, as well as its blocking, in accordance with paragraph 8 of Article 162 of this law;
xi. does not offer end users or users the opportunity to object to the processing of location data, in accordance with paragraph 4 of Article 163 of this law;
xii. fails to pay the full fee for market supervision within the time period specified in Article 20 of this law;
xiii. does not fully pay the fee for the use of radio frequencies, in accordance with Article 21 of this law;
xiv. fails to pay in full the fee for the use of numbers and number series allocated within the deadline, in accordance with Article 22 of this law.
xv. fails to fulfill the obligations set forth in Article 43 of this law for providing information for the conduct of the geographic survey;
xvi. fails to comply with the standards, in accordance with paragraph 5 of Article 53 of this law;
c) an amount of 500,000 (five hundred thousand) lekë for any other violation of the provisions of this law committed by the entrepreneur that is not specified in the above points.
2. In the event that the violations specified in letters “a” and “b” of paragraph 1 of this article are committed by a subject who is in the first year of activity and cannot have data on the annual revenue realized in the last closed financial year, shall be fined an amount ranging from 1,000,000 (one million) to 50,000,000 (fifty million) lek.
3. The fine is an executory title and is deposited into the state budget. If the imposed fine is paid by the responsible party within 30 days of notification of the relevant AKEP decision, the amount of the fine is automatically reduced by 151 TP3T of the imposed sum.
Article 185
Complaint
1. An appeal against the fine imposed by the inspectors, pursuant to Article 184 of this law, shall be filed with the AKEP Board of Directors within 30 days from the date it was issued. The Board of Directors issues a decision within 30 days from the date of the appeal. The procedure for reviewing the administrative appeal by the Board of Directors is set out in the relevant AKEP regulation, in accordance with the provisions of the Code of Administrative Procedures.
2. An appeal may be filed against the decision of AKEP's Board of Directors within 45 days of notification of the decision to the Administrative Court of First Instance.
CHAPTER XXIV
Regulatory Procedures in the European Union's Common Market
Article 186
Procedure for identifying international markets
1. If the European Commission or at least two national regulatory authorities submit a reasoned request, based on supporting evidence, BEREC conducts an analysis of the potential international market. After consulting with interested parties and taking BEREC's analysis into account, The Commission may, by decision, adopt the identification of the international market, in accordance with competition law principles and based on the recommendation and guidelines on significant market power adopted pursuant to Article 89 of this Law.
2. In the case of the identification of international markets pursuant to paragraph 1 of this article, the national regulatory authorities jointly conduct the market analysis based on the guidelines for operators with significant market power and jointly decide on any obligation, maintenance, amendment or removal of regulatory obligations, in accordance with Article 90 of this law. The national regulatory authorities jointly notify the Commission of their draft measures regarding the market analysis, as well as any regulatory obligations under Articles 80 and 81 of this law. Two or more national regulatory authorities also jointly notify their draft measures regarding market analysis and any regulatory obligation in the absence of international markets, when they consider that the market conditions and their respective legal frameworks are sufficiently similar.
Article 187
Procedure for identifying the international request
1. BEREC conducts an analysis of the demand of international users for products and services provided within the Union, in one or more of the markets listed in the recommendation, if it receives a reasoned request that provides supporting evidence from the Commission or from at least two of the national regulatory authorities concerned, indicating that there is a serious demand issue to be addressed. BEREC conducts such an analysis if it receives a reasoned request from market participants providing sufficient supporting evidence and considers that there is a serious demand problem to be addressed. BEREC's analysis does not prejudice any findings on international markets, in accordance with Article 179 of this law, nor any findings by AKEP on national or local geographic markets, in accordance with paragraph 3 of Article 89 of this law.
This analysis of the demand of international users includes products and services offered within product or service markets that are defined in different ways by AKEP, when taking into account national circumstances, provided that those products and services are interchangeable with those supplied in one of the markets listed in the recommendation.
2. If BEREC concludes that there is an international users' demand which is significant and is not sufficiently met by the supply available on a commercial or regulated basis, it, after consulting interested parties and in close cooperation with the Commission, issues guidelines on common approaches, so that AKEP meets the identified international requirements, including, where appropriate, the provision of legal remedies, in accordance with Article 92 of this law. The AKEP takes these guidelines into account when carrying out its regulatory tasks within its jurisdiction. These guidelines provide the basis for the interoperability of wholesale access products across the Union and include guidelines for the harmonization of the technical specifications of wholesale access products capable of meeting an identified international requirement.
Article 188
Termination rates in the EU Single Market
1. In accordance with Article 137 of this law, the Commission, based on the opinion of BEREC, and Regulation (EU) 2020/1755 of the European Parliament and of the Council of December 11, 2018, implementing Directive (EU) 2018/1972 of the European Parliament and of the Council of December 11, 2018, establishes a single maximum termination rate for mobile calls, as well as a single maximum termination rate for fixed calls in the European Union market, referred to as “EU call termination rates.”.
2. AKEP adheres to these tariffs, which are applied progressively to each active operator in each of the mobile and fixed call termination markets for the period specified in the relevant decision.
3. AKEP proposes to the Council of Ministers the approval of the fixed termination rate. If the Council of Ministers approves such a rate, AKEP closely monitors and ensures compliance with the application of call termination rates by termination service providers. AKEP may at any time require a call termination service provider to change the rate it charges other undertakings if it is not in compliance with the delegated act referred to in paragraph 1 of this article. AKEP informs the Commission and BEREC annually regarding the implementation of this article.
Article 189
Cooperation with European agencies
1. In carrying out its duties under this law, the AKEP is guided by the objectives set forth in Article 5 of this law.
2. AKEP contributes to the development of the national market by monitoring and engaging transparently with the Commission and BEREC to ensure consistent implementation of this law. For this purpose, AKEP will in particular liaise with the Commission and BEREC to identify the most appropriate types of legal instruments and tools to address specific market situations.
Chapter XXV
Final and Transitional Provisions
Article 190
Transitional provision
1. General and individual authorizations issued by AKEP under Law No. 9918 of May 19, 2008, “On Electronic Communications in the Republic of Albania,” as amended, remain in force. Entrepreneurs authorized by AKEP under Law No. 9918 of May 19, 2008, “On Electronic Communications in the Republic of Albania,” as amended, remain in force.5.2008, "On electronic communications in the Republic of Albania," as amended, shall implement the conditions of the authorizations and the conditions for rights of use specified in this law upon its entry into force.
2. The decisions of AKEP and the regulatory obligations imposed on undertakings with significant market power, according to AKEP and Law No. 9918 of 19.5.2008, “On electronic communications in the Republic of Albania,” as amended, remain in force until the completion of the relevant market analysis process, as provided in this law.
3. The deadline set out in Article 90 of this law for conducting the periodic analysis of the relevant markets, every five years, shall be calculated from the date of the most recent analysis of the relevant market carried out by AKEP, pursuant to Law No. 9918 of 19.5.2008, “On Electronic Communications in the Republic of Albania,” as amended.
4. The Chairman and members of the Supervisory Board of AKEP, appointed pursuant to Law No. 9918 of 19.5.2008, “On Electronic Communications in the Republic of Albania,” as amended, shall remain in office even after the entry into force of this law until the end of the term specified in their appointment mandate. For the purpose of calculating the number of mandates, the mandates obtained under Law No. 9918 of May 19, 2008, “On Electronic Communications in the Republic of Albania,” as amended, shall also be considered as such under this law.
5. The current civil servants of AKEP will continue to perform their duties in accordance with the provisions of the Labor Code.
6. For the purposes of treating the status of the civil servant, upon the entry into force of this law, the civil servants of AKEP are considered released from the civil service, pursuant to subparagraph “ë” of paragraph 1 of Article 66 of Law No. 152/2013, “On the Civil Servant,” as amended.
7. The AKEP regulations, adopted pursuant to Law No. 9918 of May 19, 2008, “On Electronic Communications in the Republic of Albania,” as amended, shall remain in force until the issuance of the respective decisions in accordance with this law.
8. The sub-legislative acts adopted for the implementation of Law No. 9918, dated 19.Sub-legislative acts adopted in implementation of Law No. 9918, dated 19.2.2008, “On Electronic Communications in the Republic of Albania,” as amended, shall remain in force even after the entry into force of this law, provided they do not conflict with its provisions, until sub-legislative acts are adopted in implementation of this law.
Article 191
Regulations
1. The Council of Ministers is charged with issuing, within 6 months of the entry into force of this law, the legislative acts provided for in point 3 of Article 5, in points 1 and 4 of Article 7, in point 2 of Article 19, in points 3, 7 and 9 of Article 55, in paragraph 3 of Article 65, in paragraph 4 of Article 70, in paragraph 4 of Article 71, in paragraph 3 of Article 76, in paragraph 5 of Article 78, in paragraph 5 of Article 103, in paragraph 2 of Article 111, in paragraph 3 of Article 133, in paragraph 2 of Article 153 and in paragraph 5 of Article 174 of this Law.
2. The minister responsible is charged with issuing, within six months of the entry into force of this law, the legislative act provided for in point 13 of Article 43 of this law.
3. The AKEP is tasked with issuing the legislative acts provided for in point 6 of Article 20, point 8 of Article 27, point 6 of Article 41, and point 8 of Article 46, within 1 year of the entry into force of this law. in point 1 of Article 56, in point 6 of Article 63, in point 3 of Article 64, in point 1 of Article 89, in Article 108, in point 2 of Article 128, in point 1 of Article 133, in points 13 and 16 of Article 145, in point 1 of Article 146, in subparagraph “b” of point 3 of Article 148, in point 10 of Article 157, in point 4 of Article 181, in point 7 of Article 182 and in point 1 of Article 185 of this Law.
Article 192
Cancellations
Law No. 9918 of May 19, 2008, “On Electronic Communications in the Republic of Albania,” as amended, is repealed as of the date this law enters into force.
2. The designation “Electronic Communications and Postal Authority,” in point 1 of Article 2 of Law No. 9584, dated July 17, 2006, “For salaries, allowances and structures of constitutional independent institutions and of other independent institutions established by law,” as amended, is repealed.
Article 193
Entry into force
1. Points 8 and 11 of Article 41, points 4 to 8 of Article 49, Article 50, Article 51, point 5 of Article 86, letter “c” of paragraph 6 of Article 90, paragraph 6 of Article 92, Articles 186, 187, 188, and 189 enter into force upon the accession of the Republic of Albania to the European Union.
2. This law enters into force six months after its publication in the Official Gazette.
Approved on May 30, 2024.
Proclaimed by Decree No. 227, dated June 14, 2024, of the President of the Republic of Albania, Bajram Begaj.
Source: Official Publications Center.
Wage Report
| Number. | Function | Report |
| 1 | Chairman of the Governing Board of the Electronic Communications and Postal Authority | 0,600 |
| 2 | Members of the Governing Board of the Electronic Communications and Postal Authority | 0,450 |
[1] This law has been partially aligned with:
Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 on the establishment of the European Electronic Communications Code. CELEX number 32018L1972, Official Journal of the European Union, L series, no. 321, December 17, 2018, pp. 36–214.