Ongoing Tasks
Ref. No.
|
Measure
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Responsible Authority
|
|
Comments/References
|
K9/14
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Drafting of regulation on liquidity risk management for collective investment fund
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AFSA
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3Q 2015
|
In line with National Plan for European Integration 2015-2020
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K9/15
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Drafting of regulation on asset valuation for collective investment funds
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AFSA
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3Q 2015
|
In line with National Plan for European Integration 2015-2020
|
CHAPTER 10: INFORMATION SOCIETY AND MEDIA
Key achievements
To address the obligations stemming from Article 103 and Article 104 of the SAA, Law No. 146/2014 “On Notification and Public Consultation” and Law No. 119/2014 “On the right of information” were approved. In order to use spectrum more effectively and provide quality services the Electronic and Postal Communications Authority (EPCA) took several decisions on the allocation and use of frequencies. Furthermore, the Audio-visual Media Authority (AMA) has resumed its duties as audio-visual regulatory authority with the election of its president and council members. Concerned government institutions are working intensively towards the switch from analogue to digital broadcasting.
10.1 Telecommunication and information technology
Status of legal harmonization
To address the obligations stemming from Article 103 and Article 104 of the SAA, and EU recommendations stemming from the 2014 Progress Reports on the legal uncertainty of the rights-of-way (RoW) system, Law No. 107/2014 “On Planning and the Development of Territory” was approved on 31 July 2014, and entered into force on 1 October 2014. Based on the latter, the MIPA is working with the National Territorial Planning Agency (NTPA), to draft secondary legislation aiming to address the issue of RoW for electronic communication infrastructure.
The MIPA initiated the regulation of the last mile cable infrastructure on November 2014. During December 2014, electronic communication operators submitted their comments and suggestions concerning the draft plan concerning the regulation of air cable infrastructure over their underground cable infrastructure. On 20 February 2015, the MIPA in cooperation with the Electronic and Postal Communications Authority (EPCA) held a meeting with stakeholders on the project plan to regulate cable networks. Representatives of different electronic communication operators from the largest municipalities, the Ministry for Urban Development, the Ministry of Transport and Infrastructure and the Albanian Road Authority (ARA) discussed on the action plan. The institutions and operators will follow the cooperation to implement the action plan. The aim of the process is to regulate the current situation with cable infrastructure developed out of regulatory planning.
Moreover, the MIPA worked toward a first draft law “On the development of high–speed electronic communication networks and the provision of the Right of Way,” based on Directive 2014/61/EU "On measures to reduce construction costs of electronic communications networks with high speed (broadband)". The latter draft law is presently undergoing the public consultation process.
Based on Law No. 9918, dated 19.05.2008, “On Electronic Communications in the Republic of Albania”, DCM No. 496, dated 22.07.2014, “On the approval of rules and procedures of the renewal of the Individuals Authorizations for the use of the frequencies given with public tender” was approved.
In addition, in compliance with the technology neutrality principle adopted in Law No. 9918, dated 19.05.2008, “On Electronic Communications in the Republic of Albania”, amended by Law No. 102/2012 “On some changes and additions to the Law No. 9918, dated 19.05.2008, “On electronic communications in the Republic of Albania, as amended”, DCM No. 469, dated 9.7.2014, “On the change of the DCM No. 1252, dated 10.09.2008, “On the approval of rules for the public tender organization, for the provision of frequency right of use” was approved.
Institutional Framework
The implementation of the new EPCA structure, was approved by Parliament Decision No. 11/2014 "On the approval of the structure, organizational, and classification of the work of the Electronic Postal and Communications Agency (EPCA)” was conducted during 2014, also in implementation of Law No. 152/2013 "On civil service" and provisions enabling an increased staff efficiency and increase of human resources.
Economic and Social Aspects
During the September 2014 – May 2015 period, the EPCA focused on the renewal of individual authorizations for GSM bands use, while paying special attention to the Albanian Mobile Company (AMC). Based on DCM No. 496, dated 22.07.2014, “On the approval of rules and procedures of the renewal of the Individuals Authorizations for the use of the frequencies given with public tender” and to the renewal of entrepreneurs’ GSM spectrum users, the EPCA drafted an assessment report on the AMC, which also served as the basis for negotiating the price and the attendance renewal procedure.
In order to implement the National Plan for European Integration 2014-2020 (NPEI), and to establish legal procedures for the allocation and use of frequencies after approval, the EPCA Steering Board took the following decisions, while following procedures to adequate realisations:
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EPCA Steering Board Decision (SBD) No. 2507, dated 30.10.2014, approved the Summary Report and Notification of winners KVO Public Tender open procedure with the subject: "The granting of rights of use in the frequency band 1965 - 1980 MHz paired with the 2155- 2170 MHz and 5 MHz of unpaired spectrum from 1915 to 1920 MHz". The EPCA in accordance with applicable legislation provided the winning bidder with the relevant Individual Authorization.
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EPCA SBD No. 2527, dated 12.11.2014, approved the Public Tender document open procedure “On the granting of rights to use the 1800 MHz frequency band for systems GSM / LTE / UMTS / WiMAX" and public tender notice.
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EPCA SBD No. 2532, dated 23.12.2014, approved the conclusion of the public consultation "On the granting of rights to use the 2500-2690 MHz frequency bands for applications TRA-ECS".
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EPCA SBD No. 2531, dated 23.12.2014, approved the proposal to the MIPA for initiating the procedure for allocation of frequencies from 900 MHz band for GSM systems.
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EPCA SBD No. 2538, dated 19.02.2015, approved the tender Documentation for the 2.6 GHz (2500-2690 MHz) frequency bands for TRA-ECS applications. The Offers opened on 9 April 2015.
The EPCA, in accordance to Law No. 9918, dated 19.05.2008, “On Electronic Communications in the Republic of Albania”, and the Regulation "On Market Analysis", headed the work and approved the 2014 mobile market analysis. Consequently, data on the fourth quarter of 2014 can be found in Annex III.10.1.
A total of 245 identified entrepreneurs, registered for the provision of networks and/or public electronic communications services, and a total of 129 identified entrepreneurs, registered for the provision of electronic communications networks for audio and/or audio-visual broadcasting until 3 April 2015 in the Register of Entrepreneurs of Electronic Communications.
Based on the analysis of market analysis of wholesale mobile access, call origination, and wholesale mobile call termination, performed on a wider number of indicators and trends, in Albania and other countries, which started on 1 July 2015, the EPCA ruled that:
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Binding rules for non-discrimination in retail, on-net and off-net, tariffs should be set; and
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The application promotions that operators offer to increase the use of standard packages, benefits packages, and on standard tariffs should be regulated.
In order to reduce the problem of on-net/off-net discrimination, the EPCA decided to apply the non-discrimination obligation internal wholesale level for Significant Market Power (SMP) for terminating calls to four mobile operators.
The EPCA via SBD No. 2542, dated 13.03.2016, “On a number of amendments to Decisions of the EPCA Steering Board No. 2522, 2523, 2524, 2525 and 2526, dated 06.11.2014, " established the following fees according to a glide path:
Mobile termination rates in Albania in All/minute, and VAT not included
|
1.09.2013-30.03.2014
|
1.04.2014
|
1.12.2014
|
1.04.2015
|
1.07.2015
|
1.01.2016
|
Vodafone/AMC
|
4.57
|
2.66
|
1.48
|
1.48
|
1.48
|
1.48
|
Albtelecom (EM)
|
4.57
|
4.00
|
1.48
|
1.48
|
1.48
|
1.48
|
Plus
|
8.85
|
6.52
|
6.52
|
4.00
|
2.66
|
1.48
|
After the administrative appeals of mobile operators against EPCA SBDs 2522-252649 on 6 November 2014, the EPCA decided on 13 March 2015:
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To set a glide path also for Plus Communication, which is to implement reduction from 1 April 2015; and
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Not to change the glide path for three other MNO-s.
10.2 Information society
Status of legal harmonization
To comply with the principles and objectives set in the Digital Agenda for Europe, and in order to facilitate the wider deployment and more effective use of digital technologies, and contributing to the transparency principle, the following laws were approved:
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Law No. 146/2014 “On Notification and Public Consultation;
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Law No 119/2014 “On the right of information”.
The MIPA is currently drafting several sublegal acts to Law No. 146/2014 “On Notification and Public Consultation”.
Recognizing the benefits of open data, DCM No. 147, dated 18.2.2015, “On the approval of the policy document on the implementation of public open data and the creation of a open data portal" was approved.
The MIPA is also working on the approximation of the Reuse of Information Directive and its latest amendments into the national legislation.
Institutional framework
The National Agency on Information Society (NAIS), during the reporting period, continued consolidating and further extending e-government services. In this context, the efforts focused on electronic systems integration within the Interoperability Platform (Government Gateway), and the publication of new online services in the e-albania.al governmental portal. The systems of 16 governing institutions connected to the government gateway platform in 2014. Moreover, in order to promote good governance through modern online services, the NAIS provided 45 new electronic services to citizens and businesses.
During 2014, the NAIS conducted considerable work conducted to improve the e-Albania government portal. To this purpose, the NAIS developed the following projects:
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The upgrade of the e-Albania governmental portal, on 2 March 2015, via the following activities:
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A friendlier interface of the Government Portal;
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The implementation of government public key infrastructure in the e-Albania Portal;
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The creation of the e-Albania mobile applications for Android and IOS; and
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The implementation of electronic payment module.
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Connecting systems on the e-government interoperability framework (e-GIF) and introducing services in the e-Albania government portal, for which the NAIS carried out the following activities.
In March 2015, 75 new electronic services were published in the e-Albania portal, out of which 54 are services that enable the online payment. In addition, the procurement process aiming to add 90 new electronic services to the portal in 2015 has started.
During the reporting period, the NAIS, in the quality of the Centralised Electronic Service Provider for public administration, paid particular attention to the improvement of operational processes. To the latter point, the NAIS carried out the following activities:
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Established and administers the government public key infrastructure (PKI). At present, the NAIS has issued certificates to: the Council of Ministers, the Ministry of Economic Development, Trade and Entrepreneurship, the National Registration Centre (NRC), the National Authority for Electronic Certification (NAEC), and three municipalities;
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Established a centralized infrastructure for BCC service delivery for systems based on Oracle databases aimed at institutions that provide critical services to citizens. Moreover, the NAIS increased the capacity and quality of technical conditions to provide safe and online 24/7 services for all GovNet institutions.
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Hosted institutions’ systems in the Governmental data centre for 20 new public administration institutions in 2014, marking an increase of 33% in systems hosting services offered to the abovementioned, when compared to 2013.50
-
Hosted the web sites of 161 public administration institutions in the Governmental Data centre in 2014, marking an increase of 65.9% in website hosting services when compared to 201351.
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Connected 221 Albanian associated public institutions to the GovNET network, in 2014, marking an increase of 43% in hosting services provided to associated public administration, when compared to 201352.
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Enabled the distribution of 35 institutional licenses in 2014, based on the Strategic Partnership Agreement with Microsoft. During the same period, the NAIS has distributed 1,502 licenses, 1,160 of which were upgraded licenses and 342 new licences.
In 2014 the state budget contributed to the consolidation and expansion of the IT infrastructure, in the following areas:
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Capacity building in Data Centre Infrastructure central servers at the amount of 46,224,566 ALL.
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Connecting systems on the e-government interoperability framework (e-GIF) and on the e-Albania government portal services, at the amount of 47,640,000 ALL.
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Purchasing system to back up data and disaster recovery for all government systems based on Oracle Database solutions, at the amount of 167,409,600 ALL.
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Improving e-Government portal e-Albania, at the amount of 114,828,000 ALL.
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Enhancing Security within the GovNet network and government data centre, at the amount of 92,130,084 ALL.
-
Oracle Audit Vault Server and Firewall Server and agents for the Agency of public procurement, at the amount of 7,710,000 ALL.
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Oracle Audit Vault Server and Firewall Server and agents for the Institute of Social Insurance, at the amount of 7,606,800 ALL.
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Oracle Audit Vault Server and Firewall Server and agents for the General Directorate of Custom, at the amount of 4,968,000 ALL.
Increase of capacities of staff
Based on Order of the Prime Minister No. 48, dated 10.02.2014, “On the approval of the organizational structure of the National Agency for Information Society”, the NAIS staff increased with 10, to an amount of 45 employees.
Also, according to DCM No. 703, dated 29.10.2014, “On the National Agency for Information Society”, the latter is undergoing a re-organization to achieve higher efficiency and respond to the information society sector growing demand. The new structure will increase the NAIS staff up to 101 employees.
During the reporting period, the NAIS staff participated in several trainings, organized by the Albanian School of Public Administration (ASPA), and the Regional School for Public Administration (RESPA). Moreover, the NAIS staff participated in the following TAIEX activities:
-
A study visit on mobile phone signature – MOBILE ID
-
A workshop on e-Governance, concerning eAustria and eAlbania, organised by Digital Austria;
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A workshop on the configuration and implementation of online services by the Georgian Data Exchange Agency;
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A study visit on Estonian Authorities experience on e-governance; and
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A workshop on the development of statistics in the field of information and communications technology, Tirana.
The NAIS in cooperation with the ASPA finalized training modules for public administrators in the area of e-governance.
Training on ICT legislation, and an introduction to the basic rules for the creation, administration, audition and interoperability of state databases were held at ASPA on 20-21 November 2014. On 19 March 2015 the NAIS conducted two trainings on:
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ICT standards adopted by NAIS for the public administration; and
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On informative services provided in the governmental portal e-Albania.
10.3 Audiovisual policy
Status of legal harmonization
The Audio-visual Media Authority’ (AMA) Decision No. 2, dated 04.02.2015, "On the procedure of renewal of licenses of the private audio and audio-visual operators, licensed under Law No. 8410, dated 30.09.1998, "On the Radio and Television in the Republic of Albania" as amended" was approved.
The AMA, began consultations with stakeholders and line institutions on the following draft regulations:
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“On the licensing of digital networks and programs that rely on them, through the procedure of "Beauty Contest”;
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“On some amendments to the Regulation" On the procedure and criteria for granting authorizations"; and
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“On some additions to the AMA's Decision No. 5, dated 22.05.2013, "On approval of payment for authorization".
The AMA, in view of changes to the regulation "On the procedure and criteria for granting authorizations" initiated efforts to increase transparency and avoid inaccuracies to the provision of audio-visual services to third parties.
The implementation of the legal framework
During the November 2014 – April 2015 period, and pursuant to Law No. 97/2013 "On audio-visual media in the Republic of Albania", the AMA approved 39 decisions, among which the following can be mentioned:
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The adoption of the block seal for transmission equipment;
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6 decisions to approve changes in data license/ authorization of audio and or audio-visual entities;
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13 decisions by which were reviewed the administrative complaints of the punished entities, sanctioned with a fine penalty;
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8 authorization waiver decision to the applicant entities for obtaining authorization to provide audio-visual program service based on different networks than those from terrestrial networks;
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Decision on adoption of technical standards decoders for digital terrestrial broadcasting;
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Decision on approving the report of Audio-visual Media Authority for the activities carried out during 2014; and
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Decision that replaced the licenses of entities with authorization for renewing cable program services.
Institutional framework
In November 2014, the President and two Council members were elected at the AMA, ensuring its institutional activity as regulatory authority. A detailed description of the election procedures can be found in Annex III.10.2.
The AMA, during the reporting period, continued to function under the structure adopted by the Assembly of the Republic of Albania, Decision No. 35/2015, dated 02.26.2015, “On some changes to the structure, organogram and categorization of work positions at the Audio-visual Media Authority (AMA).” Along the lines of the latter decision, in February 2015, the AMA started procedures to establish the Council of Appeals, which is to identify, track and analyse content related issues.
Economic and social aspects
During the September 2014 – May 2015 period, the AMA continued its provision and revenue management activities concerning annual fees for licenses, authorizations, and other legal resources as defined by Law 97/2013, "On audio-visual media in the Republic of Albania".
In the context of determining payments to private analogue operators to transition to the digital network of ART, the AMA held several meetings with the latter on the following:
-
Costs specified in the contract on the construction of the national public broadcaster's digital network;
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The methodology for calculating the payments; and
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Factors and parameters taken into account on the calculations of payments.
Furthermore, the meetings between the AMA and ART on the transition to digital broadcasting, intensified during the February – March 2015 period, while focusing on the following issues:
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Determining the criteria, number and conditional access of public programs to be freely broadcasted;
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Principles and criteria of contracts to be concluded between ART and existing local private operators to support public network operator;
-
Criteria for determining the payment of private operators existing analogue to digital network support and determination of VAT payments for each category;
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Implementation of the first two digital networks; and
-
Coordination with local private operators for their support in the digital networks ART.
During the reporting period, the AMA concluded a study on the optimization of frequency plan aimed at increasing the number of digital networks conducted by national private operators. The study showed that overall qualitative material is transmitted, which, nevertheless, requires coordination with neighbouring countries’ operators.
As far as the harmonization of frequencies is concerned, the AMA held several bilateral meetings with their Italian counterparts. These meetings focused on various aspects of the process of digitalization, the use of digital dividend generations and frequency coordination between the two countries. As a consequence, the counterparts agreed on Albania’s right to use channels that will be identified for replacement by Italy, but maintain the status of certain channels from the GE06 for Italy.
The AMA adopted technical standards decoders to be used by the general public in the context of digitalization of networks and audio-visual services, in February 2015. The parameters specified in the latter are defined in the European Telecommunications Standards Institute.
During the January – February 2015 period, the AMA prepared necessary technical documentations for the implementation of two digital networks to be licensed according to the procedure of Beauty Contest.
Since November 2014, the AMA is pursuing a long-term strategy concerning its Monitoring Studio, in order:
-
To be functionally fit and modernized to respond to the process of transition from analogue broadcasting to digital audio-visual;
-
To provide expertise, and precedents from other countries to implement best standards in accordance with Albanian market; and
-
To provide sustainable solutions for its information system.
An AMA working group is implementing a new project for Studio Monitoring’ digital settings, and consulting their regional counterparts to radically improve its indicators.
Further information on efforts of the MIPA and the EPCA for the preparation of the new draft law on postal services can be found in the Political Criteria.
CHAPTER 11: AGRICULTURE AND RURAL DEVELOPMENT
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