﻿Page 1 
893 
Based on Article 95, item 3 of the Constitution of Montenegro, I enact 
DECREE 
ON THE PROMULGATION OF THE LAW ON ELECTRONIC COMMUNICATIONS 
I hereby promulgate the Law on Electronic Communications, passed by the Parliament of Montenegro 
Up 25th convocation at the 10th session of the first regular (spring) session in 2013, on 30. 
July 2013. 
Number: 01-1452 / 2 
Podgorica, August 2, 2013 
The President of Montenegro, 
Filip Vujanović , sr 
Pursuant to Article 82 paragraph 1 item 2 and Article 91 paragraph 2 of the Constitution of Montenegro, the Parliament 
Of Montenegro of the 25th convocation, at the 10th session of the first regular (spring) session in 2013. 
year, on July 30, 2013, passed 
THE LAW 
ABOUT ELECTRONIC COMMUNICATIONS 
BASIC PROVISIONS 
Subject 
Article 1 
1) This law regulates the manner of management and use of electronic 
communication networks, conditions and manner of performing activities in the field of electronic 
communication, as well as other issues of importance for electronic communications. 
2) The activity of electronic communications, in terms of this law, includes construction 
and / or use and / or maintenance and provision of electronic communications networks 
and / or electronic communications infrastructure and related equipment, as well as the provision 
electronic communications services. 
Public interest 
Article 2 
Electronic communications and management and use of limited resources 
are activities of public interest. 
Page 2 
Principles in the field of electronic communications 
Article 3 
Electronic communications and management and use of limited resources 
based on: 
1) objectivity, transparency, non-discrimination and proportionality; 
2) providing conditions for balanced development of the electronic communications market 
on the territory of Montenegro; 
3) ensuring the predictability of the business environment and equal conditions for 
operator business; 
4) harmonization of electronic communications activities with Montenegrin and 
international standards; 
5) ensuring the availability of universal service to all citizens at 
territory of Montenegro, while meeting the needs of special social groups, including persons 
reduced mobility, persons with disabilities, elderly and socially disadvantaged users; 
6) providing interconnection of electronic communication networks and services, under 
equal and mutually acceptable conditions; 
7) protection and encouragement of competitiveness on the electronic communications market, works 
achieving benefits for users; 
8) encouraging efficient management and use of limited resources; 
9) providing benefits for users, including persons with reduced mobility, 
persons with disabilities, elderly and socially disadvantaged users, in terms of choice, price, 
conditions of access and use, as well as the quality of electronic communication services 
10) providing user protection in relations with operators, enabling 
simple and efficient procedure in resolving disputes; 
11) encouraging investments and innovations and the development of new and improved infrastructure; 
12) continuous provision of improving the quality of services in the field 
electronic communications; 
13) ensuring the protection of personal data and privacy; 
14) providing opportunities for end users to use public ones 
communication networks and services freely access and distribute information or use it 
applications and services of your choice; 
15) ensuring the integrity and security of public electronic communications 
network; 
16) providing a system of unambiguous and reliable information to users 
on prices and conditions of use of public electronic communication services; 
17) protection of user interests. 
The meaning of the expression 
Article 4 
Certain terms used in this law have the following meanings: 
1) address is a string or combination of decimal numbers, characters and additional information 
to determine a special terminal connection point to public electronic communications 
network; 
2) application program interface is a software interface between applications 
media content providers and devices for receiving such content; 
Page 3 
3) a number is a series of decimal numbers used to determine a destination 
connections in electronic communications networks; 
4) emergency numbers are the only European emergency telephone number 
cases "112" and other numbers that are, for the needs of emergency services, determined by the plan 
numbering; 
5) e-mail is any text, voice, sound or picture message 
sent over a public electronic communications network that can be stored on that network 
until it is picked up by the recipient or stored in the terminal equipment of the recipient; 
6) electronic program guide is a service added to digital media transmission 
content, which allows the user to easily search the offered media 
content and services; 
7) geographical number is a number from the numbering plan, part of which has a geographical number 
meaning, which is used to route the call to the physical location of the terminal point 
networks; 
8) emergency services are the emergency medical service, the protection and rescue service, 
police, Operational Communication Center, as well as other emergency services 
cases; 
9) an interface is a physical or logical connection between two or more devices, two or more 
parts of the same device or channels used for signal transmission, defined as functional 
characteristics, signal characteristics or other relevant characteristics; 
10) interconnection is the access achieved between public electronic communications 
network, which establishes the physical and logical connection of public communication networks 
one or more different operators, in order to provide users with the services of one 
operators of mutual communication or communication with users of the services of others 
operators, ie access to services provided by other operators or third parties that have 
network access; 
11) interoperability is the property of two or more systems or their parts that 
exchange and use the data exchanged; 
12) operator selection is a service that enables the user to achieve certain 
type of call within publicly available telephone services, by the choice of the operator who 
mediates in the realization of these calls, where the choice of operator can be in advance 
programmed or by realizing a prefix for the selection of the operator, or by applying another 
appropriate technical procedure; 
13) public telephone booth is a publicly available telephone, the use of which is 
pay with cash, credit / debit cards or prepaid cards, including 
cards for use with area codes; 
14) publicly available telephone service is a service that is available to the public for 
direct or indirect sending and receiving of national and international calls through one or 
multiple numbers from a numbering plan or an international numbering plan; 
15) communication is the exchange or transfer of information between a certain number of persons 
through publicly available electronic communications services, other than information provided 
transmitted to the public by an electronic communication network within the media distribution 
content, other than information that may be associated with a particular subscriber or 
the user receiving that information; 
16) end user is a user who does not perform the activity of electronic 
communication; 
Page 4 
17) local loop is a physical circuit (line) that connects the terminal point of the network with 
main distributor or equivalent means in a public fixed electronic 
communication network; 
18) media contents are radio and television programs, ie audio-visual 
media content, as well as related interactive services, which are distributed and 
broadcast, ie provided to users via electronic communication networks, on 
based on the program scheme or at the request of the user; 
19) non-geographical number is a number from the numbering plan that is not geographical, but includes, 
among other things, mobile numbers, toll-free numbers and numbers 
value added service; 
20) failed call is a communication in which the call is successfully established, but without 
calls from the called party or communication was interrupted by the network management service; 
21) Limited resources are radio frequency spectrum, numbers, addresses and positions in 
geostationary orbit; 
22) location data are data processed in the electronic communication network or 
via an electronic communication service, indicating the geographical location of the terminal 
equipment of users of public electronic communications services; 
23) traffic data are data that are processed for the purpose of providing electronic data 
communication services or for the purpose of calculation and payment of the provided service; 
24) consumer is a natural person who uses or requires public electronic 
communication service for purposes not intended for its business activity; 
25) related services are services related to electronic communication 
network or electronic communications service, which they enable or support 
the provision of services through that network or service or may be used for those purposes, including, 
among other things, number translation systems or systems with the same 
functionality, conditional access systems and electronic program guides, as well as others 
services, such as services based on identity, location, and availability data 
users; 
26) personal data breach is any violation of personal data protection that 
may result in loss, destruction, alteration, unauthorized access, publication or 
misuse of personal data when providing publicly available electronic services 
communication; 
27) call is a connection that is established with the help of public electronic communication 
services that enable real-time voice communication; 
28) operator preselection is a service that allows users to, in advance 
by programmed selection of the operator that mediates in establishing the connection, they realize 
selected types of connections in the public electronic communications network, without choosing a prefix for 
selection of the operator or application of another procedure for this diversion; 
29 ) number portability is a possibility for public electronic subscribers 
communication services to, on request, retain the subscriber number regardless of the change 
operator; 
30) subscriber is a natural or legal person who has concluded a contract with the operator on 
provision of public electronic communications services; 
31 ) access is giving equipment, infrastructure and / or services to others for use 
operators, under certain conditions, for the purpose of providing electronic communications services, 
including services through which information society or distribution services are provided 
media content to end users, which includes access to electronic elements 
communication networks, electronic communications infrastructure and related equipment, a 
Page 5 
may include the connection of equipment via fixed or wireless connections, in particular access 
local loop, as well as the equipment and services necessary to provide services through the local 
loops, access to physical infrastructure (including buildings, cable ducts and antennas 
pillars), access to appropriate software systems (including systems for 
operational support), access to information systems and ordering databases, 
provision, maintenance, billing and billing of services, access to number translation systems 
or systems with identical functionality, access to fixed and mobile networks 
(especially for roaming purposes ), access to conditional access systems, as well as access 
virtual network services; 
32) radio frequency is the basic physical parameter of electromagnetic waves or radio 
waves that propagate freely through space and whose values are conventionally found in 
the range from 9 kHz to 3000 GHz; 
33) radio frequency band is a part of the radio frequency spectrum that is located 
between two specific radio frequency limits; 
34) radio frequency spectrum is a part of the electromagnetic spectrum that encompasses 
radio frequencies whose values are conventionally in the range of 9 kHz to 3000 
GHz; 
35) radiocommunications are the transmission of telecommunication signals by electromagnetic 
waves from the radio frequency spectrum that propagate freely through open space; 
36) radiocommunication service is a service that performs transmission, transmission and / or reception 
radio waves for specific telecommunications needs; 
37) radio station is one or more transmitters or receivers or a combination of one or 
multiple transmitters or receivers, with one or more antennas and other devices, which are 
placed in a specific location, and are needed to provide radio communication services, 
with the exception of receivers for direct reception of broadcast signals; 
38) conditional access system is a technical measure or solution that enables 
access in an understandable form to protected media content and services, provided 
subscription payments or other form of prior individual approval; 
39) conditional access is any technical measure and / or procedure that enables access 
protected service in an understandable form, subject to the prior approval of the provider and 
services; 
40) conditional access device is any equipment or software intended or 
adapted to provide access to the protected service in an understandable form; 
41) Unauthorized device is any equipment or software that is intended or 
adapted to provide access in an understandable form to the protected service without 
prior approval of the service provider; 
42) interference is the presence of unwanted signals at the input of a particular receiver 
telecommunication system as a consequence of emission, radiation, induction or their 
combination from other sources, which is manifested by degradation of signal transmission quality; 
43) harmful interference is interference that endangers the operation of radionavigation 
services or other security services or otherwise seriously impairs the quality, interferes with or 
causes frequent interruptions in the work of the radiocommunication service which works in accordance with 
regulations; 
44) terminal equipment is a device, ie a part of a device which, as a whole or 
predominantly used for the provision of electronic communications services, and is connected, 
directly or indirectly, to the appropriate terminal point of the network; 
45) terminal point of the network is the physical point of the network in which the subscriber realizes 
access to the public electronic communications network; 
Page 6 
46) value added service is a service provided through public services 
electronic communications networks and services using special numbers or special 
codes from the numbering plan or addressing plan, for the purpose of gaining access in advance 
certain additional content or related services, outside the scope of public 
communication; 
47) wide screen television service is a service that, in whole or in part, they make up 
programs produced or edited for the purpose of showing on extended television 
screen, where 16: 9 is the reference format for widescreen television. 
48 ) protected service is a media service of television and radio and other audiovisual 
media service, as well as information society service provided for a fee and on 
the basis of conditional access or the provision of conditional access to the aforementioned services, 
as special services. 
49) information society service is any information society service that 
is usually provided for a fee, remotely, electronically and at the request of the recipient 
services. 
II. COMPETENCES IN THE FIELD OF ELECTRONIC COMMUNICATIONS 
AND ORGANIZATION OF THE INDEPENDENT REGULATORY AUTHORITY 
Competences of the Government of Montenegro 
Article 5 
The Government of Montenegro (hereinafter: the Government) in the field of electronic communications: 
1) determines the policy for the development of electronic communications, as well as guidelines for 
implementation of electronic communications development policy in Montenegro; 
2) adopt a plan for the use of the radio frequency spectrum; 
3) give an opinion to the Parliament of Montenegro (hereinafter: the Parliament) on the work plan with 
financial plan and the financial report of the Agency for Electronic Communications and 
postal activity (hereinafter: the Agency); 
4) determine the minimum set of services covered by the Universal Service; 
5) determine the conditions for the use of electronic communication networks in cases 
emergencies; 
6) perform other tasks determined by this Law. 
Strategy 
Article 6 
(1) The policy for the development of electronic communications shall be determined by the development strategy 
electronic communications, issued by the Government, for a period of five years. 
(2) The strategy referred to in paragraph 1 of this Article shall determine long-term development goals and 
guidelines for the development of electronic communications and meeting the interests of consumers, with 
respect for technological and economic criteria, in accordance with the principles of animal protection 
environment, measures to encourage the sharing of electronic communications network, 
infrastructure and related equipment, in order to increase efficiency and encourage competition 
in the electronic communications market. 
(3) In order to achieve the goals set by the electronic development strategy 
communication is a state administration body responsible for electronic communications affairs (in 
Page 7 
hereinafter: the Ministry) determines the annual programs and / or action plans for its 
implementation. 
(4) After the expiration of the period for which the program and / or action plan was adopted by the Ministry o 
implementation reports to the Government. 
Competences of the Ministry 
Article 7 
Ministry: 
1) monitor the implementation of the established policy for the development of electronic communications; 
2) coordinate activities that encourage the development of electronic communications; 
3) coordinates the work with the competent state administration bodies and the Agency in connection with 
using radio frequencies and electronic communication networks relevant to 
defense and security; 
4) coordinates and implements Government decisions on the conditions for the use of electronic 
communication networks and emergency services; 
5) represents Montenegro in European and international organizations and 
institutions in the field of electronic communications; 
6) participates in the work of administrative and working bodies of international organizations and institutions; 
7) perform other tasks determined by this Law. 
Independent regulatory body 
Article 8 
(1) The Agency is an independent regulatory body which, in the exercise of public authority in 
in the field of electronic communications, performs regulatory and other tasks determined 
by law. 
(2) In performing regulatory and other tasks referred to in paragraph 1 of this Article, the Agency shall not 
may not receive or seek instructions from state and other bodies and organizations or other persons. 
Legal status of the Agency 
Article 9 
(1) The Agency has the status of a legal entity. 
(2) The Assembly has the rights and obligations of the founders of the Agency. 
(3) The Agency operates under the name of the Agency for Electronic Communications and 
postal activity. 
(4) The seat of the Agency is in Podgorica. 
(5) The Agency shall be entered in the Central Register of Business Entities. 
(6) The work of the Agency is public. 
Statute of the Agency 
Article 10 
(1) The Agency has a statute which specifically regulates: the manner of performing activities 
of public interest, in accordance with the law; competencies and scope of work of the body and 
professional services of the Agency; manner of passing general and other acts; rights and duties 
Council of the Agency (hereinafter: the Council); rights and duties of the executive director 
Page 8 
Agencies (hereinafter: Executive Director); internal organization and other issues from 
importance for the work of the Agency, in accordance with the law. 
(2) The Statute of the Agency shall be adopted by the Council. 
(3) The Statute of the Agency shall be approved by the Assembly. 
(4) The Statute of the Agency shall be published in the ʺ Official Gazette of Montenegro. 
Competences of the Agency 
Article 11 
Agency, in the field of electronic communications: 
1) issue regulations on the basis of authorizations determined by this Law; 
2) adopts the addressing plan and the numbering plan and controls their application; 
3) prepares the proposal of the plan for the purpose of the radio frequency spectrum and controls it 
its application; 
4) adopt radio frequency allocation plans and control their application; 
5) preparation of professional bases for drafting regulations issued by the Government and the Ministry on 
the basis of this law; 
6) control and monitor the radio frequency spectrum; 
7) take measures to ensure rational management of limited 
resources; 
8) coordinates the use of radio frequencies with bodies and / or organizations 
other countries; 
9) encourages the rational use of electronic communication infrastructure in 
in accordance with this law; 
10) implement procedures for allocating limited resources on a non-discriminatory basis 
basics; 
11) issue approvals for the use of limited resources; 
12) keep and maintain registers and databases in accordance with this Law; 
13) determine the amount of fees paid to the Agency by natural and legal persons in the manner 
determined by this law; 
14) decides on user complaints, considers initiatives and determines the protection procedure 
interests and rights of users; 
15) resolve disputes on the electronic communications market; 
16) monitors the development of the Universal Service, manages the collection of fees for 
financing of the Universal Service and appointing the operator of the Universal Service; 
17) regularly publish data on market development indicators in accordance with this 
by law; 
18) conducts analysis of relevant markets, identifies operators with significant market 
strength and takes regulatory measures to prevent significant adverse effects 
market power of operators; 
19) perform professional supervision over the work of the operator, in accordance with the law, technical 
regulations and standards, which are applied in Montenegro; 
20) perform expert supervision over the performance of obligations of emergency operators 
situations; 
21) cooperates with the regulatory bodies of other states, and within its own 
competencies and participates in the work of administrative and working bodies of the competent European and 
international organizations and institutions in the field of electronic communications; 
Page 9 
22) examine the market and public opinion and conduct open consultations in accordance with 
this law; 
23) perform other tasks determined by law. 
Agency bodies 
Article 12 
The bodies of the Agency are the Council and the Executive Director. 
Agency Council 
Article 13 
(1) The Council has a president and four members. 
(2) The President and members of the Council may perform their function in the Agency 
professionally or part-time. 
(3) The President of the Council convenes sessions and chairs the work of the Council, and 
in his absence he is replaced by a member of the Council elected by the Council. 
(4) Regular sessions of the Council shall be held at least once a month, and others 
on demand. 
(5) The Council is responsible for its work to the Assembly. 
Competences of the Council 
Article 14 
(1) The Council shall adopt: 
1) the statute of the Agency; 
2) radio frequency allocation plans; 
3) addressing plan and numbering plan; 
4) work plan with financial plan; 
5) report on work with financial report; 
6) decisions on the amount of fees paid by natural and legal persons, ie general and 
other acts, in accordance with this law and the law which regulates the field of postal services 
service. 
(2) The Council shall submit to the Assembly a report on the work with the financial report, as well as 
work plan with the financial plan of the Agency. 
(3) The Council shall appoint and dismiss the Executive Director. 
(4) The Council shall appoint an independent auditor of the financial statements of the Agency, in accordance 
with the law governing public procurement. 
(5) The Council shall also perform other tasks in accordance with this Law and the Statute of the Agency. 
Appointment of the President and members of the Council 
Article 15 
(1) The President and members of the Council are appointed by the Assembly, on the basis of a public one 
competition. 
(2) The public competition referred to in paragraph 1 of this Article shall contain the conditions and criteria for selection 
candidate for President and member of the Council. 
Page 10 
(3) The Parent Board of the Assembly is obliged to announce a public competition for at least 180 days 
before the expiration of the term of office of the President or a member of the Council, or immediately upon dismissal. 
(4) The President and members of the Council shall be appointed for a period of five years and may not be 
appointed more than twice in a row. 
(5) The decision on the competition referred to in paragraph 1 of this Article shall be published in the "Official Gazette 
Montenegro ". 
Conditions and criteria for the election of the President and members of the Council 
Article 16 
(1) A Montenegrin person may be appointed President and member of the Council 
a citizen with residence in Montenegro who, in addition to the general, meets the following special 
conditions: 
1) has a higher education qualification of 240 credits (CSPK), 
that is, completed a four-year study program in the field of electrical engineering, 
postal traffic, economics or law; 
2) has at least five years of experience in the field of electronic 
communications or postal activities. 
(2) For candidates who fully meet the general and special requirements referred to in paragraph 1 
of this Article, in the final proposal procedure, the following criteria may be taken into account: 
length and type of work experience, special specializations in the field of electronic 
communication or postal activities and knowledge of foreign languages. 
(3) Along with the application for the public competition referred to in Article 15, paragraph 1 of this Law, the candidate shall submit 
a statement which, in the event of appointment as President or member of the Council, undertakes that, 
within 30 days from the date of appointment, eliminate the reasons for any conflict of interest. 
Prevention of conflicts of interest 
Article 17 
The President and members of the Council may not be: 
1) deputies and councilors; 
2) persons elected, appointed or appointed by the President of Montenegro, the Parliament, the Government or 
local self-government assembly; 
3) officials of political parties, presidents of parties, members of presidencies, 
their deputies, members of executive and main boards, as well as other party officials); 
4) persons who are spouses of persons referred to in item 1 to 3 of this paragraph or are with them in the blood 
kinship in the direct line, and in the collateral line to the second degree, in-laws relatives to the first 
degree, spouse or common-law partner, adoptive parent and adoptee; 
5) members of the management body, owners, shareholders or shareholders, as well as persons who 
are employed or perform other tasks in the legal entities to which it applies 
this law or the law which regulates the field of postal activity. 
Termination of the term of office of the President or a member of the Council 
Article 18 
The term of office of the President or a member of the Council shall expire upon the expiration of the term for which he is 
appointed or dismissed. 
Page 11 
Dismissal of the President or a member of the Council 
Article 19 
(1) The Assembly shall dismiss the President or a member of the Council before the expiration of the term, if: 
1) submit a request for dismissal; 
2) has been convicted of a criminal offense and sentenced to imprisonment for a longer period 
of six months, during the period of legal consequences of the conviction or if he has been convicted of a criminal offense 
an act that makes him unfit to perform the function; 
3) does not perform or unscrupulously, untimely or negligently performs his 
duty; 
4) by its conduct and work question the independence and reputation of the Agency; 
5) has been deprived of legal capacity by a final decision; 
6) one of the conditions referred to in Article 17 of this Law is met; 
7) determine that when submitting the application for the public competition for appointment 
the President or a member of the Council provided incorrect information or failed to provide information on 
circumstances relevant to the appointment. 
(2) The President or a member of the Council shall submit a request for dismissal to the Assembly. 
(3) The President or a member of the Council is obliged to submit a request for dismissal 
notify the Council, within eight days of the date of the request. 
(4) The Assembly shall dismiss the President and members of the Council if it does not adopt the report 
on working with the financial report. 
(5) The reasons for dismissal of the President and members of the Council shall be explained separately. 
(6) The decision on dismissal shall be published in the "Official Gazette of Montenegro". 
Executive Director 
Article 20 
(1) The Executive Director shall perform his / her function in the Agency professionally. 
(2) The Executive Director: 
1) represents the Agency; 
2) be responsible for the legality of the work of the Agency and organize the work of professional services 
Agencies; 
3) decide on the rights, obligations and responsibilities of employees in the Agency; 
4) submits a request for initiating misdemeanor proceedings before the competent court; 
5) proposes a work plan with a financial plan, a report on work with a financial one 
report and other general and individual acts and execute the decisions of the Council; 
6) take care of ensuring the publicity of the work of the Agency; 
7) perform other tasks in accordance with this Law and the Statute of the Agency. 
(3) The Executive Director shall be accountable to the Council for his work. 
Appointment of the Executive Director 
Article 21 
(1) The Executive Director shall be appointed by the Council, for a period of four years, on the basis of 
public competition. 
(2) A person who meets the conditions referred to in Art. 16 i 
17 of this law. 
Page 12 
(3) The Council is obliged to announce a public competition at least 90 days before the expiration 
the term of office of the executive director, ie immediately upon dismissal. 
(4) The Executive Director may not be appointed more than twice in a row. 
(5) The decision on the appointment of the Executive Director shall be published in the "Official Gazette of Montenegro 
Up ". 
Termination of office and dismissal of the Executive Director 
Article 22 
(1) The term of office of the Executive Director shall expire upon the expiration of the term for which he was appointed or 
by dismissal.
  sa appy accorngy o e smssa o e xecuve recor eore e expraon o e erm o oce 
provision of Article 19, paragraph 1 of this Law. 
(3) The reasons for dismissal of the executive director shall be explained separately. 
(4) The decision on dismissal of the Executive Director shall be published in the "Official Gazette of Montenegro 
Up ". 
Rights and obligations from employment 
Article 23 
President and members of the Council, executive director and employees of the Agency of Rights and Obligations 
from employment in accordance with the general labor regulations, this law and the general 
acts of the Agency. 
Agency financing 
Article 24 
(1) Funds for the work of the Agency shall be provided from revenues from: 
1) fees paid to the Agency by operators in the electronic communications market, 
and which are used to perform market regulation and supervision 
2) fees paid to the Agency for the use of radio frequencies, numbers and 
address; 
3) other fees and other sources, in accordance with the law. 
(2) In the process of drafting the work plan, the Agency is obliged to consult with 
operators and other stakeholders in the electronic communications market and 
postal services. 
(3) The financial plan projects the total revenues and expenditures necessary for 
implementation of the work plan, including contingency reserves, separated by 
areas: regulation and supervision of the electronic communications market, regulation and supervision 
postal services markets, as well as the management and supervision of the use of limited resources, in 
in accordance with the activities envisaged in the work plan. 
(4) The work plan with the financial plan of the Agency for the next year shall be adopted 
Assembly. 
(5) If the Assembly does not adopt the financial plan referred to in paragraph 4 of this Article, before the beginning 
year for which it is adopted, the expenses of the Agency for each following quarter until its adoption 
financial plan may not exceed one quarter of the amount of funds from the financial 
plan for the previous year. 
Page 13 
Agency Accounting 
Article 25 
The Agency shall keep separate accounts for the funds used to perform 
jobs in the field of electronic communications and revenues generated on these bases, a 
especially in relation to funds in the field of postal activity, in accordance with the law 
which regulates the postal activity. 
Report on the work of the Agency with the Financial Report 
Article 26 
(1) The report on the work of the Agency shall state the data on: 
1) development of the electronic communications sector; 
2) introduced regulatory measures; 
3) realization and quality of the Universal Service in the electronic sector 
communication; 
4) allocated limited resources; 
5) development of the postal market; 
6) realization and quality of universal postal service; 
7) exercising the rights and protecting the interests of users of electronic communications and 
postal services; 
8) performed tasks of the Agency determined by the work plan. 
(2) The financial report shall contain financial indicators of the Agency's operations. 
(3) The financial report of the Agency shall be subject to annual audit by an independent 
certified auditor. 
(4) Audit costs shall be paid by the Agency. 
(5) The report on the work with the financial report shall be considered and adopted by the Assembly. 
Excess revenue over expenditure 
Article 27 
If the financial report determines that the total revenues of the Agency are higher 
of the total realized expenditures, the surplus of revenues is paid into the budget of Montenegro. 
Publicity of the Agency's work 
Article 28 
(1) Regulations issued by the Agency shall be published on the basis of authorizations from this Law 
in the "Official Gazette of Montenegro" and on the website of the Agency. 
(2) In addition to the regulations referred to in paragraph 1 of this Article, the Agency on its website 
publishes: 
1) decisions of the Council; 
2) extracts from registers and databases kept in accordance with this Law; 
3) comparative reviews of the quality and price of services and other data of interest to 
user protection; 
4) statistical data and other indicators of electronic market development 
communications and postal services markets; 
Page 14 
5) work plan with financial plan; 
6) report on work with financial report and auditor's report; 
7) other data and information related to the work of the Agency, in accordance with this 
the law, the law governing the postal activity and the law governing 
free access to information. 
(3) Data which, in the sense of this Law, are the laws which regulate secrecy 
data protection, personal data protection and protection of unpublished data, consider 
confidential are not disclosed. 
Agency registers 
Article 29 
(1) The Agency shall keep registers in the field of electronic communications: operators, 
assigned radio frequencies, assigned numbers and addresses and electronic communications 
infrastructure and related equipment. 
(2) The content and manner of keeping the registers referred to in paragraph 1 of this Article shall be prescribed by the Agency. (3) The registers referred to in paragraph 1 of this Article shall contain data on operators, ie 
issued authorizations for the use of limited resources five years after the cessation of work 
operator, ie the expiration of the approval for the use of limited resources. 
Data collection 
Article 30 
(1) The operator is obliged to, upon a written request, submit to the Agency the data by which 
disposes, including financial, as well as data related to the development of the network or 
services that may be of influence on its wholesale services, except for the data from Art. 180 
and 181 of this law. 
(2) From operators with significant market power in wholesale markets 
The Agency may require the submission of retail accounting data 
markets that are related to wholesale markets. 
(3) The request referred to in paragraph 1 of this Article shall determine the type of data, the purpose of their data 
collection and the deadline within which the operator is obliged to submit the requested data, appropriate to the purpose 
due to which the submission of data is required. 
(4) The operator is obliged to provide the data referred to in para. 1 and 2 of this Article shall be submitted in the form and within the deadline determined by the Agency. 
(5) Access to data from para. 1 and 2 of this Article and the procedure for gaining access, in 
in accordance with the law governing free access to information, may be enforced 
under conditions determined by the Agency. 
Handling confidential information 
Article 31 
(1) An operator who, based on the request referred to in Article 30, para. 1 and 2 of this Law to the Agency 
submits the data, he is obliged to clearly state which data he considers confidential. 
(2) If the submitted data are marked as confidential, contrary to the law 
which regulates the confidentiality of data, protection of personal data and protection of unpublished 
data, the Agency will not consider them confidential. 
Page 15 
(3) The Agency is obliged to provide the data referred to in Article 30, para. 1 and 2 of this law acts 
in a way that ensures their confidentiality, if it is confidential information. 
The way decisions are made 
Article 32 
(1) In the procedure before the Agency, the Council shall decide by a majority vote of the total 
number of members of the Council. 
(2) The provisions of the law governing it shall apply to the proceedings before the Agency 
general administrative procedure, unless otherwise provided by this Law. 
(3) The Council shall decide on the rights and protection of the interests of users within 20 days from 
on the day of submission of the request, except in the case of the need to conduct an examination procedure, when 
the Council is obliged to decide within 30 days from the day of submitting the request. 
(4) The Council shall decide on the rights and obligations of the operator without delay, and at the latest 
within 90 days from the day of initiating the procedure. 
(5) Decisions of the Agency are final. 
(6) Notwithstanding paragraph 5 of this Article, in case of initiating an administrative dispute, at 
at the request of the prosecutor, the execution of the decision of the Agency may be postponed until the court becomes final decisions. 
Public consultations 
Article 33 
(1) In the preparation of acts that may have a significant impact on the electronic market 
communications and postal services, the Agency conducts public consultations. 
(2) Public consultations for acts determining the general conditions for 
performing electronic communications activities, determining and analyzing the market that can 
be 
subject to prior regulation, designation of operators with significant market power and 
determining their obligations, as well as regulating relations related to joint use 
electronic communications infrastructure, access and interconnection, in accordance with this 
by law, last at least 30 days. 
(3) Public consultations in the preparation of other acts shall last at least 15 days. 
(4) The manner of conducting public consultations shall be regulated by a regulation of the Agency. 
(5) A written report on the conduct of public consultations shall be submitted to the participants 
public consultations and must contain an explanation of the Agency's views in relation to 
proposals submitted in the process of public consultations. 
Dispute mediation 
Article 34 
(1) The Agency may, at the request of the operator, mediate in resolving a dispute between 
operator. 
(2) The mediation procedure referred to in paragraph 1 of this Article shall be completed by the Agency 
within 90 days from the day of submitting the request for mediation. 
Page 16 
Cooperation with other competent authorities 
Article 35 
The Agency, in the field of electronic communications, especially cooperates with: 
1) The Ministry, in the implementation of this law; 
2) the body responsible for protection of competition, by submitting a request for 
giving opinions and proposing and initiating proceedings before that body in 
cases of prevention, restriction or distortion of competition in the market, in accordance 
with this law and the law governing the protection of competition in the market; 
3) the state administration body responsible for consumer protection, in accordance with this 
the law and the law governing consumer protection; 
4) the state administration body responsible for environmental protection, in accordance with 
this law and the law governing environmental protection; 
5) the regulatory body responsible for the field of audio-visual media services, 
in accordance with this law and the law governing electronic media; 
6) the body responsible for personal data protection, in accordance with this Law and 
the law governing the protection of personal data; 
7) state administration bodies responsible for prevention, ie protection against 
endangering the security of information systems, in accordance with this law, the law 
which regulates information security and the law which regulates free access 
information. 
III. ELECTRONIC COMMUNICATION INFRASTRUCTURE AND TRANSPORT 
EQUIPMENT 
Electronic communications infrastructure and related equipment 
Article 36 
Electronic communications infrastructure and related equipment includes 
infrastructure and equipment connected to the electronic communications network or 
electronic communications service, which enables or supports the provision of services or 
can be used to provide services, including buildings or entrances to buildings, cable 
sewers and lines in buildings, antennas, antenna and other poles, supporting 
structures, pipes and ducts, manholes and distribution cabinets, as well as conditional access systems and 
related services. 
Electronic communication network and service 
Article 37 
(1) The electronic communication network includes the transmission system and, in accordance with 
capacities, switching or routing devices and other means, including passive ones 
network elements, which enable the transmission of signals by wired, radio, optical or 
other electromagnetic systems, including satellite networks, fixed and mobile terrestrial 
networks (with circuit and packet switching, including the Internet), electric cable 
systems, in the part used for signal transmission, networks used for transmission and 
distribution of media content to end users, regardless of the type of information provided 
are transmitted. 
Page 17 
(2) An electronic communications network used wholly or mainly for 
providing public electronic communications services and enabling the transmission of information 
between the terminal points of the network, in terms of this law, is considered public 
electronic communication network. 
(3) Electronic communication service is a service that, as a rule, is provided with 
fee, and consists entirely or predominantly of electronic signal transmission 
communication networks, including telecommunications and transmission services 
media content, which does not include media content provision or performance services 
editorial control over media content transmitted electronically 
communication networks and services, as well as information society services which, in whole or 
predominantly, they do not consist of the transmission of signals by electronic communications networks. 
(4) Electronic communication service provided under market conditions, in 
within the meaning of this law, is considered a public electronic communications service. 
Providing electronic communications networks and services 
Article 38 
Any natural or legal person may build, provide and use electronic 
communication networks, electronic communication infrastructure and provide electronic 
communication services under the conditions determined by this law and other regulations, 
provided that it does not endanger human life and health, the environment and national security. 
Construction and use of electronic communication networks 
Article 39 
(1) A natural or legal person is obliged to do so when building and using electronic devices 
communication networks, electronic communication infrastructure and related equipment, 
as well as the provision of electronic communications services enable full supervision and control 
over the construction and use of electronic communication networks, electronic 
communication infrastructure and related equipment, as well as the provision of electronic 
communication services. 
(2) Electronic communication network, electronic communication infrastructure and 
related equipment is planned, designed, manufactured, built, maintained and used in accordance with 
international and Montenegrin standards and technical specifications that apply 
in Montenegro, in such a way that: 
1) does not cause interference in the operation of other electronic communication networks and 
electronic communications infrastructure and related equipment; 
2) persons with reduced mobility, as well as persons with disabilities are provided 
access to and availability of public electronic communications services. 
(3) An electronic communication network may be connected to an electronic one 
communication network, electronic communication infrastructure and related equipment, 
provided that it meets the technical requirements that enable: free choice of operator and 
terminal equipment, security of use, integrity of public electronic communications 
networks and interoperability of public electronic communications services. 
(4) Operator, ie owner of electronic communication network, electronic 
communication infrastructure and related equipment is required to, within seven days of 
on the day of commencement of use, submit to the Agency a written notice of commencement of use and 
technical characteristics of the network, infrastructure and related equipment. 
Page 18 
(5) Useful and other conditions for planning, construction, maintenance and use 
certain types of electronic communication networks, electronic communication 
infrastructure and related equipment shall be prescribed by the Agency. 
Planning 
Article 40 
(1) Planning of electronic communication networks, electronic communication 
infrastructure and related equipment planning documents is done in a way that is not 
restricts their development and does not endanger the life and health of people, space and the environment. 
(2) The Agency and the operators are obliged to, at the request of the holder of preparatory work on 
preparation and adoption of the planning document, submit data on existing and planned 
electronic communications networks, electronic communications infrastructure and 
connected equipment in the area of the planning document. 
(3) In the procedure of preparation of the planning document, a request for 
giving opinions on the harmonization of electronic communication network planning, 
electronic communications infrastructure and related equipment with this law 
Electronic communication network in buildings 
Article 41 
(1) During the construction of residential and business buildings intended for further sale or 
for joint use, the investor of the facility is obliged to provide the construction of electronic 
communication networks, electronic communication infrastructures and related equipment, 
exclusively for that facility, in accordance with the project documentation. 
(2) Electronic communication network, electronic communication infrastructure and 
the connected equipment referred to in paragraph 1 of this Article shall be built in a manner that enables simple 
access, replacement, improvement and use that is not conditioned by the method of use 
individual users or operators. 
(3) The investor of the facility referred to in paragraph 1 of this Article is obliged to provide appropriate 
connections to public electronic communications networks, suitable for the purpose of the facility. 
(4) Electronic communication network, electronic communication infrastructure and 
the connected equipment in the building is built and installed in a way that allows the owners 
facility free choice of operator, and all operators access to the facility under equal 
conditions. 
(5) Owners of business or residential premises, ie assemblies of apartment owners 
in the constructed facility, they are obliged to, under equal conditions, provide access to all 
operators for the installation, maintenance and development of electronic communications networks, 
electronic communications infrastructure and related equipment. 
(6) Closer technical and other conditions for design, construction and use 
electronic communications networks, electronic communications infrastructures and related 
equipment in the facilities is prescribed by the Agency. 
Page 19 
Works in the zone of electronic communication networks 
Article 42 
(1) In the vicinity of electronic communications networks, electronic communications 
infrastructure and related equipment may not perform works, plan new facilities, plant 
seedlings or take other actions that may damage them or interfere with their work. 
(2) No works may be performed in the protection zone or radio corridor of a radio station, 
plan new facilities, install technical equipment or perform other actions that can 
interfere with the propagation of electromagnetic waves or cause interference to radio 
communications. 
(3) The Ministry, with the consent of the state administration body responsible for affairs 
spatial planning, in accordance with the law governing spatial planning and construction 
facilities, prescribes the parameters of electronic communication networks, electronic 
communication infrastructure and related equipment, protection zone widths and types of radio 
corridor in whose zone the planning of other facilities from para. 1 and 2 of this article. 
Protection and / or relocation of electronic communications networks 
Article 43 
(1) When the protection and / or relocation of the electronic is required for the performance of works 
communication networks or electronic communication infrastructures and associated equipment 
the investor is obliged to: 
1) in accordance with the planning document, prepare a project for protection and / or relocation 
electronic communications networks or electronic communications infrastructures and 
related equipment and obtain the owner's consent for the project; 
2) at least 30 days before the deadline for the commencement of notification works 
the owner of an electronic communications network or electronic communications infrastructure and 
related equipment, as well as to provide access to it for the purpose of supervision over the execution of works; 
3) provide protection and / or relocation of the electronic communication network or 
electronic communications infrastructure and related equipment at its own expense, except in 
cases where the protection and / or relocation of the electronic communications network or 
electronic communication infrastructure and related equipment for the purpose of performing works 
in accordance with the regulations governing road, rail, airport and port 
infrastructure. 
(2) If an electronic communications network or electronic communications 
the infrastructure and associated equipment to be protected and / or relocated is not built in accordance 
with the law, its protection and / or relocation is done at the expense of the owner. 
Construction in the area of traffic infrastructure 
Article 44 
(1) When planning public roads, railway infrastructure, airports with 
with the associated infrastructure and port infrastructure, electronic capacities are also planned 
communication network, electronic communication infrastructure and related equipment. 
(2) The infrastructure investor referred to in paragraph 1 of this Article shall, yes, 30 days in advance 
at the beginning of the project, submit to the Agency a notification on the planned route of the road. 
Page 20 
(3) The Agency is obliged to publish the notification referred to in paragraph 2 of this Article, without delay 
on its website. 
(4) The infrastructure investor referred to in paragraph 1 of this Article, at the request of the operator, is obliged 
to, under equal conditions, ensure the use of available capacities for electronic 
communication networks, electronic communications infrastructure and related equipment. 
The right of servitude 
Article 45 
(1) Owners of real estate are obliged to provide operators with unimpeded access to 
real estate and real estate for the construction, maintenance and use of electronic 
communication networks and electronic communication infrastructure and related equipment. 
(2) Mutual rights and obligations of the operator and the owner of the real estate shall be regulated 
contract. 
(3) If the operator and the owner of the real estate do not reach an agreement on determining the rights 
servitude and the amount of appropriate compensation, the decision is made by the competent court. 
(4) The provisions of the law by which the provisions of the right of servitude shall apply to other issues 
property-legal relations are regulated. 
(5) The operator is obliged to, when building electronic communication networks and 
electronic communication infrastructure and related equipment on someone else 's land and 
object, implement measures to protect the electronic communications network, electronic 
communication infrastructure and related equipment from damage that could occur 
regular use of that land or facility. 
IV. PERFORMING ACTIVITIES OF PUBLIC ELECTRONIC COMMUNICATIONS 
Operator login and register 
Article 46 
(1) A legal or natural person is obliged to, before the beginning of use, ie the operator 
before the cessation or change of the regime of use of public electronic communications networks or 
providing public electronic communications services, in writing, submit an application 
Agency. 
(2) The operator, in terms of this Law, is a natural or legal person, ie an entrepreneur 
which provides or has the right to provide a public electronic communications service or to provide on 
use of a public electronic communications network or a public electronic communications network 
infrastructure and related equipment. 
(3) The application referred to in paragraph 1 of this Article shall be submitted to the Agency at least 15 days in advance 
start of use, ie termination or change of the regime of use of public electronic 
communication networks or the provision of public electronic communications services. 
(4) The application referred to in paragraph 1 of this Article shall contain: 
1) for a natural person - name and surname, unique identification number and address, ie name 
and last name, date and place of birth, state that issued the passport or ID card and number 
documents for a foreign natural person; 
2) for a legal entity - name of the company, registered office, registration and registration number, 
account number and name and surname of the representative; 
Page 21 
3) a brief description of public electronic communication networks, ie public 
electronic communication services, which show the characteristics of the network, ie 
services; 
4) the envisaged date of the beginning, change or termination of the regime of use of public 
electronic communications networks or the provision of public electronic communications 
service. 
(5) Along with the application referred to in paragraph 1 of this Article, proof shall be submitted that the applicant 
registered to perform electronic communications activities. 
(6) The operator is obliged to inform the Agency about the change of data referred to in paragraph 4, item. 1 
and 2 and paragraph 5 of this Article, within 15 days from the day of the change, ie about the change 
data from paragraph 4 item. 3 and 4 of this Article, at least 15 days before the scheduled date 
changes. 
(7) The application referred to in paragraph 1 of this Article shall be submitted on the form prescribed by the Agency. 
Proceedings upon application 
Article 47 
(1) The Agency is obliged to, within seven days from the day of receipt of a proper application from 
Article 46, paragraph 1 of this Law, enters the operator in the register of operators or makes changes or 
deletion from the register and issue a certificate of entry, change or deletion from the register. 
(2) If the application does not contain the data referred to in Article 46, paragraph 4 of this Law, the Agency shall, in 
within seven days from the date of receipt of the application, notify the applicant to supplement 
application within a period which may not be less than seven days. 
Separate accounting 
Article 48 
(1) If a legal entity whose predominant activity is not the activity of electronic 
communication intends to own electronic communications network and / or electronic 
provides the communication infrastructure and related equipment for use or uses it for 
provision of public electronic communication services, is obliged to submit to the Agency 
application in accordance with Article 46 paragraph 1 of this Law. 
(2) The legal entity referred to in paragraph 1 of this Article is obliged to establish a separate legal entity for 
providing public electronic communications activities or keeping separate accounts 
by activities, in a way that the income and expenses realized on the basis are stated separately 
providing for the use of electronic communication network and / or electronic communication 
infrastructure or the provision of public electronic communications services from other activities. 
Rights based on application 
Article 49 
(1) The applicant, ie the operator referred to in Article 46, paragraph 1 of this Law, on 
on the basis of a proper application, acquires the right to use public electronic communications networks and / or 
provides public electronic communications services. 
(2) The right referred to in paragraph 1 of this Article includes: 
1) performing public electronic communications activities; 
2) negotiating and negotiating access and interconnection at the state and 
international level; 
Page 22 
3) designation for the operator of one or more universal services, in accordance with this 
by law; 
4) use of other rights determined by this Law. 
Delete from the registry 
Article 50 
The Agency shall delete the operator from the register of operators in the following cases: 
1) if the operator notifies the Agency in writing of the termination of performance 
reported activities; 
2) if the operator does not perform the reported activity for more than a year 
continuously; 
3) if the operator is prohibited by a final judgment to perform the reported 
activities; 
4) in other cases, in accordance with the law. 
Annual fee for market regulation and supervision 
Article 51 
(1) For performing market regulation and supervision activities in the field of electronic 
communication The Agency charges an annual fee from the operator. 
(2) The amount of the fee referred to in paragraph 1 of this Article is up to 1.5% of the total income 
operator realized in the previous year, based on the provision of public electronic 
communication services and provision of electronic communication networks, 
electronic communications infrastructure and related equipment, to the level it covers 
costs of performing market regulation and supervision, in the electronic communications sector, 
determined by the financial plan of the Agency. 
(3) The amount of the fee referred to in paragraph 1 of this Article shall be determined by the Agency by a decision for each calendar year. 
(4) The operator is obliged to, within 15 days from the day of delivery of the decision from paragraph 
3 of this Article, pay the funds referred to in paragraph 1 of this Article. 
Income declaration 
Article 52 
(1) The operator is obliged to for a calendar year, no later than the end of the third 
months of the current year, report to the Agency the amount of revenue based on the provision of public 
electronic communications services and the provision of electronic communications services 
networks, electronic communication infrastructure and related equipment, realized in 
previous year. 
(2) If the operator does not report the amount of revenue within the period referred to in paragraph 1 of this Article, the Agency as a basis for calculating the annual fee for the costs of market regulation and supervision from 
Article 51 paragraph 1 of this law takes the total income of the operator from the previous business 
year, realized on the basis of performing the activities of electronic communications, and on 
based on the data of the operators submitted to the administrative body responsible for public affairs 
income. 
Page 23 
(3) If the Agency doubts the accuracy of the data referred to in para. 1 and 2 of this Article, may authorize 
the auditor who will verify that information. 
(4) If the audit referred to in paragraph 3 of this Article determines that the operator's revenue deviates from 
more than 3% of the reported income, the Agency as the basis for calculating the fee referred to in Article 
51 paragraph 1 of this law takes the amount of income from the auditor's report, and audit costs 
paid by the operator. 
Sharing of electronic communication infrastructure and related 
equipment 
Article 53 
(1) For the purpose of rational use of space, protection of the environment and human health, 
security, landscaping and protection of cultural property, construction and use 
electronic communications networks, electronic communications infrastructures and related 
equipment, the operator is obliged to perform its activity in a way that allows 
sharing elements of electronic communication infrastructure and related 
equipment, in accordance with available capacities. 
(2) Data that are important for the joint use of available capacities 
electronic communication infrastructure and related equipment shall be published and updated by the operator 
on its website. 
(3) The operator is obliged to, at the request of another operator for joint use 
electronic communication infrastructure and related equipment, responses within 15 
days from the date of receipt of the request. 
(4) If the operator rejects the request of another operator referred to in paragraph 3 of this Article or within the deadline 
no joint agreement was reached within 45 days from the date of submission of the request 
use, at the request of the operator, the Agency decides on the joint use. 
(5) The Agency shall decide on the request referred to in paragraph 4 of this Article within 30 days from the day 
receipt of requests. 
Agreeing on sharing 
Article 54 
(1) Operators are obliged to agree on the joint use of electronic 
communication infrastructure and related equipment, if such use is technical 
feasible and does not interfere with the use of that infrastructure and related equipment. 
(2) Mutual rights and obligations of operators in the joint use of electronic
         . 
(3) If no request for joint use of electronic communication has been submitted 
infrastructure and related equipment, and the Agency estimates that, in order to protect space, living 
environment, human health, safety, protection of cultural property or rational use 
land, the sharing of electronic communications should be ensured 
infrastructure and related equipment, shall order the sharing and determine the conditions and 
sharing rules. 
(4) Before deciding on the joint use referred to in paragraph 3 of this Article, the Agency shall 
conduct a public consultation procedure. 
(5) The Agency may not order the joint use of electronic communications 
infrastructure and related equipment that would affect the real rights of a third party, without 
consent of that person. 
Page 24 
(6) Detailed conditions and manner of joint use of electronic communication 
infrastructure and related equipment, as well as measures to increase the availability of free 
capacity in that infrastructure, shall be determined by a regulation of the Agency, with the consent of the body 
state administration responsible for environmental protection and spatial planning. 
Data on electronic communication infrastructure and related equipment 
Article 55 
(1) Records on the type, availability and geographical location of the electronic 
communication infrastructure and related equipment that may be of interest to 
sharing is managed by the Agency. 
(2) Operators are obliged to submit the data referred to in paragraph 1 of this Article to the Agency, 
quarterly. 
(3) The Agency shall prescribe the type and manner of submitting and publishing the data referred to in paragraph 1 
of this article. 
Access and interconnection 
Article 56 
(1) The operator has the right, and at the request of another operator is obliged to negotiate on 
access and interconnect their networks to provide publicly available electronic 
communication services and ensuring their interoperability. 
(2) Data of interest for conducting negotiations on access and interconnection 
the operator publishes and updates on its website. 
(3) The rights and obligations related to access and interconnection shall be regulated by the operators 
contract, in accordance with this law. 
(4) The contract referred to in paragraph 3 of this Article shall contain: 
1) contracting parties; 
2) subject of the contract; 
3) services provided, agreed quality and deadlines; 
4) commercial conditions; 
5) maintenance of network operation; 
6) interoperability of services; 
7) the term for which the contract is concluded, ie the conditions for termination of the contract and 
notice period, if concluded indefinitely; 
8) procedures for data protection in the provision of services; 
9) sanctions in case of non-compliance with the contract; 
10) the manner and procedure of determining responsibility for services provided to a third party 
pages; 
11) other elements, in accordance with the law. 
(5) At the request of another operator for access or interconnection, the operator is obliged to 
replies within 15 days from the date of receipt of the request. 
Page 25 
Contract recording and data protection 
Article 57 
(1) The operator is obliged to provide a copy of the concluded access contract and / or 
interconnection with operators in Montenegro and with operators in another delivery country 
Agency for the purpose of assessing compliance with this law and recording. 
(2) The contracting parties are obliged to protect the confidentiality of all data that are 
exchanged during the negotiation or implementation of access and / or interconnection agreements and not 
they may not use them for other purposes, nor give them to a third party or persons related to the contract 
parties or a third party to whom this information could give a market advantage. 
(3) Closer procedure for gaining access and / or interconnection, as well as the conditions under 
to which the operator may restrict access and / or interconnection shall be determined by a regulation of the Agency. 
Decision-making of the Agency on disputable issues 
Article 58 
(1) If the operator rejects the request of another operator referred to in Article 56, paragraph 1 of this Law 
or no access agreement is reached within 45 days from the date of the request and / or 
interconnection, at the request of one of the operators on contentious access issues or 
interconnections are decided by the Agency. 
(2) The Agency shall decide on the request referred to in paragraph 1 of this Article within 30 days from the day 
receipt of requests. 
(3) Operators are obliged to conclude a contract on access and / or interconnection, in accordance with 
by the decision of the Agency, within 15 days from the day of the decision of the Agency. 
(4) Operators are obliged to establish access and / or interconnection within 45 days 
from the day of concluding the contract referred to in paragraph 3 of this Article. 
(5) The Agency may order operators to provide appropriate access and / or 
interconnection, to protect the interests of end-users or to ensure interoperability 
electronic communications networks and services. 
(6) Before making a decision on access and / or interconnection referred to in paragraph 2 of this Article 
The Agency is obliged to conduct a public consultation procedure. 
Transmission of digital radio and television programs 
Article 59 
(1) Public electronic communication networks providing digital service 
televisions are planned in such a way as to enable the provision of wide screen television services, 
as well as other digital television services. 
(2) The operator is obliged to receive and transmit the services and programs referred to in paragraph 1 of this 
the member preserves the format of the image pages, if these services are intended for reception on the extended 
television screen. 
(3) The operator may also transmit television programs with other page formats 
pictures. 
(4) The operator is obliged to provide broadcasters, whose programs it broadcasts, with access 
application program interface and / or electronic program guide objectively, 
transparently and under equal conditions. 
(5) The operator is obliged to transmit digital radio and television programs in 
in accordance with the standards. 
Page 26 
Conditional access systems and protected services 
Article 60 
(1) Conditional access systems for digital television and radio services must have 
technical capabilities that allow operators complete control over what is provided 
services that are protected by these systems. 
(2) The operator providing the service with conditional access is obliged to offer to everyone 
broadcasters, whose programs are transmitted, objectively, transparently and under equal conditions 
appropriate technical capabilities to ensure end-user access 
their programs using an appropriate conditional access device. 
(3) Conditional access systems used by operators must not prevent access 
end-user programs with free access. 
(4) The operator offering services with conditional access is obliged to lead for those services 
separate accounting. 
(5) Production, production, import, distribution, sale, leasing is prohibited 
or possession of unauthorized devices that allow access to a protected service for 
commercial purposes. 
(6) It is prohibited to install, maintain or replace the devices referred to in paragraph 5 of this Article 
for commercial purposes. 
(7) Commercial communications for the purpose of advertising, offering and 
placing on the market of illicit devices referred to in paragraph 5 of this Article. 
V. EMERGENCIES 
Contingency plan 
Article 61 
(1) The operator is obliged to determine the plan of measures which ensures the integrity of the public 
electronic communications networks and the use of electronic communications services in 
cases of major network outages, war and state of emergency, natural disasters, 
as well as other emergencies. 
(2) The plan of measures referred to in paragraph 1 of this Article shall be adopted for the calendar year, and the measures referred to in the plans are implemented while the circumstances due to which they were undertaken last. 
(3) The operator is obliged to submit the plan of measures referred to in paragraph 1 of this Article to the Ministry, 
Agency, bodies responsible for defense and security, protection and rescue, and on 
request and other state bodies, within three days from the day of determination. 
(4) During emergency situations, operators and owners of radio stations, upon request 
competent authority, are obliged to adjust the use of their electronic and communication 
network and equipment in the situation or make them available or used by the authorities 
organs. 
(5) The measures referred to in paragraph 1 of this Article shall ensure uninterrupted access to numbers 
emergency services. 
(6) The measures contained in the plan of measures referred to in paragraph 1 of this Article shall be prescribed by the Government. 
Page 27 
The right of priority in emergency situations 
Article 62 
(1) The operator is obliged to adjust its network to the use of priority rights 
communication from certain terminal points of the network in emergency situations. 
(2) Decision on the exercise of the right of priority of communications for the duration 
emergency situations are brought by the Government. 
(3) Terminal points of the network and groups of users who have in emergency situations 
the right to a terminal point of the network with the right of priority is determined by the Government. 
(4) In order to exercise the right of priority of communications, the Government may to the operator 
order the temporary disconnection of other telephone connections or order others 
measures. 
VI. PROTECTION OF COMPETITION IN THE FIELD OF ELECTRONIC COMMUNICATIONS 
Pre-market regulation 
Article 63 
(1) The market in which there are structural, regulatory and 
other more permanent obstacles that prevent the entry of new competitors and on which it is not 
it is possible to ensure the development of competition without prior regulation (hereinafter: 
relevant market). 
(2) The previous regulation referred to in paragraph 1 of this Article shall include the determination of special regulations conditions under which operators with significant market power perform their activity 
electronic communications to ensure the development of competition in the market. 
Market analysis procedure 
Article 64 
(1) The procedure of analysis of the relevant market shall be carried out by the Agency. 
(2) In conducting the procedure referred to in paragraph 1 of this Article, the Agency shall: 
1) determines the relevant markets subject to prior regulation, in accordance with 
Article 65 of this Law; 
2) determines the relevant markets and assesses the existence of one or more operators 
with significant market power in that market, in order to assess market efficiency 
competition in the relevant market, in accordance with Article 66 of this Law; 
3) determines regulatory obligations to operators with significant market power in 
in the absence of effective competition in the analyzed relevant market identified in 
in accordance with Article 68 of this Law; 
4) abolish all regulatory obligations to operators with significant market power 
in the case of the presence of effective competition in the analyzed relevant market, in accordance 
with Article 70 of this Law. 
(3) The Agency shall analyze relevant markets and determine significant market power, in 
in accordance with this law, taking into account recommendations, opinions and guidelines 
relevant bodies and organizations of the European Union, ie other relevant ones 
international bodies or organizations. 
(4) The Agency shall conduct the procedures referred to in paragraph 2 of this Article at least once in three 
years. 
Page 28 
(5) The analysis of interstate markets shall be conducted by the Agency in cooperation with the competent authority 
regulatory authorities of those states. 
Identifying relevant markets 
Article 65 
(1) In the process of identifying, monitoring and reviewing relevant markets in Montenegro 
Burning in the electronic communications market, the Agency cooperates with the body responsible for 
protection of competition. 
(2) Before making a decision determining the relevant markets, the Agency shall implement it 
public consultation procedure. 
(3) The Agency may determine that other regulations may be subject to prior regulation 
markets that simultaneously meet the following criteria: 
1) the existence of strong and lasting barriers to market entry, structural, legal and 
regulatory in nature; 
2) the market structure does not show tendencies to develop effective market competition 
for an appropriate period of time, not exceeding three years; 
3) the application of regulations governing the protection of competition does not provide 
effective elimination of market failures. 
Identifying relevant markets 
Article 66 
(1) The Agency shall carry out the procedure of determining the relevant market and assessment 
the existence of operators with significant market power in the relevant identified markets 
decisions of the Agency referred to in Article 64, paragraph 2, item 2 of this Law. 
(2) The procedure for determining the relevant market referred to in paragraph 1 of this Article shall be carried out 
by determining the relevant services market and the relevant geographic market, in accordance with 
regulations governing the protection of competition. 
Operators with significant market power 
Article 67 
(1) An operator has significant market power, if alone or together with another 
operators in a particular relevant market has an economic impact that allows it 
a significant degree of independence from its competitors and users. 
(2) If two or more operators operate in a market structure that is estimated to 
enables coordinated activities, will be considered as operators in collective domination in 
with regard to the economic impact referred to in paragraph 1 of this Article and in the absence of structural or other links among them. 
(3) If, based on the analysis of the relevant market, the Agency concludes that there is an efficient one 
competition in a particular market, cannot determine an operator with a significant market 
strength. 
(4) For an operator that has significant market power in the relevant market it is possible 
considered to have significant market power in another related market if linking 
between these markets allows market power to be transferred from one market to another and thus 
stronger market power of the operator. 
Page 29 
Criteria for estimating significant market power of an operator 
Article 68 
(1) When assessing the significant market power of the operator referred to in Article 67, paragraph 1 
of this law, the Agency applies some of the following criteria: 
1) market share of operators in the relevant market and changes in the structure in the long run 
time period; 
2) barriers to entry into the relevant market and the impact of potential competition 
in that market; 
3) the impact of large users on the strength of the operator (compensatory purchasing power); 
4) absence of potential competition; 
5) economies of scale and economies of scale; 
6) technological advantage and superiority; 
7) level of development of sales and distribution network; 
8) degree of vertical integration; 
9) degree of diversification of services; 
10) privileged access to capital markets or financial resources; 
11) limitation of capacity increase; 
12) connectivity of services it provides. 
(2) When assessing the significant market power of two or more operators referred to in Article 
67 paragraph 2 of this law, the Agency applies some of the following criteria: 
1) low demand elasticity; 
2) similarity of market shares; 
3) high legal or economic barriers to market entry; 
4) vertical integration with joint refusal to provide services; 
5) lack of compensatory purchasing power; 
6) lack of potential competition. 
(3) When assessing the significant market power of the operator and applying the criteria 
from Art. 1 and 2 of this Article, the Agency shall cooperate with the body responsible for protection of competition. 
Designation of operators with significant market power 
Article 69 
(1) If, based on the analysis of the market, it is determined that a certain relevant market is not 
sufficiently competitive, the Agency shall, by a decision, determine the operator, ie operators with 
significant market power in that market. 
(2) Before issuing the decision referred to in paragraph 1 of this Article, the Agency shall submit a request for 
opinion of the body responsible for protection of competition. 
(3) By the decision referred to in paragraph 1 of this Article, the Agency shall order the undertaking of at least 
one of the measures from Art. 70 to 75 of this law, with the application of the principle of rationality and 
proportionality. 
(4) The decision referred to in paragraph 1 of this Article shall also determine the deadlines for the implementation of measures and explain the ordered measures. 
(5) On the obligations of operators with significant market power on the interstate 
market, the Agency shall decide in cooperation with the regulatory authorities of the states responsible for that 
market. 
Page 30 
Market analysis again 
Article 70 
(1) In the procedure of re-determining the same operator as an operator with significant 
market power, based on the analysis referred to in Article 64, paragraph 3 of this Law, the Agency may 
change the scope of the imposed measures. 
(2) If in the re-analysis procedure it is determined that the operator is no longer significant 
market power, the decision referred to in paragraph 1 of this Article shall be revoked. 
(3) If the Agency, on the basis of re-analysis, determines that the market is relevant 
competitive enough, it cannot designate an operator with significant market power. 
(4) If the market referred to in paragraph 3 of this Article did not exist before the re-analysis 
competitively, the Agency will repeal the solution with which it is on that market with a new decision 
designate an operator with significant market power, including measures imposed by the team 
solution. 
Obligation to publish data 
Article 71 
(1) The Agency may, by a decision referred to in Article 69, paragraph 1 of this Law, order the operator to 
publish information on access and / or interconnection services, such as: accounting 
data, technical specifications, network characteristics, terms of use and service prices. 
(2) The decision referred to in paragraph 1 of this Article shall specify the type of data, manner and 
deadlines for their publication, while ensuring the protection of confidential data. 
(3) If the decision referred to in paragraph 1 of this Article also orders a measure of separate management 
accounting records, the Agency may instruct the operator to publish a reference 
offer to provide access and / or interconnection services, within 90 days from the date 
delivery of solutions. 
(4) The bid referred to in paragraph 3 of this Article shall be made in accordance with the objective 
capabilities of the operator and the objective needs of other operators and it is stated in it 
precise specification, which allows other operators to pay only the required one 
service. 
(5) The bid specification referred to in paragraph 4 of this Article must contain a list of services and 
related conditions regarding their provision, in accordance with the needs of other operators and 
prices and discounts or the way they are determined. 
(6) The offer referred to in paragraph 4 of this Article for fixed network operators must also contain 
elements of access services via the local access network, including use 
elements of the associated infrastructure. 
Modification of the reference offer 
Article 72 
(1) If the bid referred to in Article 71, paragraph 3 of this Law is not in accordance with this Law or 
market conditions, after public consultations, the Agency may operator 
order to change the offer by a decision, within 30 days from the day of delivery of the decision 
Agencies. 
(2) The decision referred to in paragraph 1 of this Article may also determine the minimum list of elements 
offers. 
(3) The operator may also independently change the reference offer. 
Page 31 
(4) The Agency shall publish the reference offer of the operator on its website. 
Obligation to ensure non-discrimination 
Article 73 
(1) The Agency shall issue a decision on designating an operator with significant market power 
may order the operator to ensure the provision of access and / or interconnection services, 
under equal conditions. 
(2) The measure referred to in paragraph 1 of this Article shall ensure that the operator applies the same 
conditions and quality in providing access and / or interconnection services to all operators who 
provide retail services, as they do for their own needs and for the needs of the operator 
which are part of his company or an affiliated company. 
(3) The Agency may, by a decision referred to in paragraph 1 of this Article, order the publication of a contract on 
access and / or interconnection on the operator's website, while providing protection 
confidential information. 
Separate accounting 
Article 74 
(1) The Agency may, by a decision on designating an operator with a significant market share 
to force the operator to keep separate accounting records for the sake of separate 
reporting the results of business activities related to the provision of access services and / or 
interconnections for the purpose of controlling the implementation of measures referred to in Article 73 of this Law or preventing unjustified cross-subsidization. 
(2) The Agency may, to a vertically integrated operator, take the measure referred to in paragraph 1 of this 
specifically instruct the member to ensure the transparency of its wholesale and internal transfer 
prices related to transactions between business units, markets, segments 
markets and services of a vertically integrated operator. 
(3) By a decision referred to in paragraph 1 of this Article, the Agency shall determine the manner of management and separation accounting records. 
(4) The operator referred to in para. 1 and 2 of this Article is obliged to, at the request of the Agency, submit 
accounting records, including data on income from other persons. 
(5) In order to encourage competition and an open market, the Agency on its Internet 
page publishes data collected from the operator in accordance with para. 1 to 4 of this article, 
while ensuring the protection of confidential data. 
Access to and use of network elements 
Article 75 
(1) The Agency may, by a decision on designating an operator with a significant market share 
order by force to take measures to enforce justified requests for access and 
using the possibilities of certain elements of electronic communication networks, 
electronic communications infrastructure and related equipment. 
(2) The measures referred to in paragraph 1 of this Article shall be ordered by the Agency, especially in cases where 
rejection of the application would impede sufficient market competitiveness at the retail level or 
harmed the interests of end-users. 
(3) For the purpose of implementing the measures referred to in paragraph 1 of this Article, the Agency may provide the operator order and that: 
Page 32 
1) negotiate in good faith with operators on access requirements to the elements 
networks and their use; 
2) provide access to special parts of the network and / or equipment that are not active and / or 
to provide access to the local loop, in order to enable the selection and / or pre-selection of the operator 
and / or an offer to resell subscriber lines; 
3) interconnect the electronic communication network; 
4) does not deny the previously achieved approach; 
5) provide certain services on a wholesale basis, due to the resale of these 
retail market services; 
6) grant open access to technical interfaces, protocols or others 
technologies and capabilities necessary for the interoperability of services or networks, 
including virtual networks; 
7) provide joint accommodation of equipment or other forms of joint use 
electronic communications infrastructure and related equipment; 
8) provide the opportunities necessary to achieve interoperability 
end-user services, including smart grid, distribution services 
systems or roaming in mobile networks; 
9) provide access to support systems or similar systems that are needed 
to ensure fair competition in the provision of services; 
10) provide access to related services, such as identification, provision 
location data and user availability services. 
(4) When assessing the scope of obligations referred to in paragraph 3 of this Article, and in particular the assessment of whether is an ordered measure proportional to the principles referred to in Article 3 of this Law, the Agency in particular 
price: 
1) technical and economic possibility of using or installing a competitor 
equipment, taking into account the degree of market development, appropriate to the nature and type proposed 
access and / or interconnection; 
2) feasibility of the proposed approach in relation to available capacities; 
3) initial investment of the equipment owner, taking into account the realized investments 
states and associated risks; 
4) the need for long-term protection of competition, with special attention 
dedicate to cost-effective infrastructure-based competition; 
5) appropriate intellectual property rights; 
6) provision of services from international obligations undertaken by Montenegro. 
(5) When determining the obligations referred to in para. 1 to 4 of this Article may be prescribed by the Agency 
technical and organizational conditions that must be met by an operator with a significant market 
power and operators requiring access, when necessary for security purposes 
smooth operation of the network. 
Price control and cost accounting 
Article 76 
(1) The Agency may, by a decision on designating an operator with a significant market share 
force to order measures related to cost recovery, price control 
certain services provided to provide access and / or interconnection and 
cost accounting. 
(2) The measures referred to in paragraph 1 of this Article may be ordered by the Agency if based on the analysis 
markets assess that the operator with significant market power, due to lack of efficiency 
Page 33 
competition or in order to suppress it, may keep either the prices too high or too low 
the difference between retail and wholesale prices to the detriment of end users. 
(3) The Agency is obliged to, in the procedure of determining the measures referred to in paragraph 1 of this Article 
take into account risks, investments and provide an acceptable rate of return on investment 
operator investments. 
(4) An operator instructed to take price control and management measures 
cost accounting is required to prove that prices are calculated on the basis 
costs with an acceptable rate of return on investment. 
Control over the execution of measures 
Article 77 
(1) During the control of the execution of measures referred to in Article 76, paragraph 1 of this Law, the Agency 
can apply cost accounting methods that may be different from the methods 
applied by the operator. The Agency may, by a decision, order the operator to explain as well 
if necessary, he corrects the prices, whereby the burden of eventual proving the justification of the prices is on 
operator. 
(2) The Agency may, appropriate to the goal of improving efficiency and sustainability 
competition, market development goals and increasing consumer welfare, prescribe 
the cost recovery mechanism or pricing methodology referred to in Article 76, paragraph 1 
of this Law, ie to make comparisons with prices on comparable markets or 
markets with developed competition, taking into account the specifics of the domestic market. 
(3) By a decision referred to in Article 76, paragraph 1 of this Law, the Agency may order the operator 
keeping a certain cost accounting system, as well as the form and methodology 
accounting, including the categorization and classification of costs and rules that 
are applied for cost allocation. 
(4) Compliance of the cost accounting system with the decision referred to in paragraph 2 of this 
Article is determined by an independent auditor, whose statement of compliance is published annually by the Agency 
on its website. 
Regulation of prices of retail services 
Article 78 
(1) The Agency may order the operator by a decision referred to in Article 69, paragraph 1 of this Law 
taking measures to regulate the prices of retail services, if on the basis of market 
the analysis finds that the relevant market for end-user services is not sufficient 
competitive. 
(2) The measures referred to in paragraph 1 of this Article shall be ordered by the Agency only if it deems that 
by determining the measures referred to in Art. 71 to 77 of this law cannot achieve effective competition 
in the electronic communications market or if the imposed measures have not yielded expectations 
results . 
(3) The measures referred to in paragraph 1 of this Article may prohibit: 
1) calculation of excessive prices; 
2) obstruction of market entry; 
3) restricting competition by setting too low prices; 
4) giving unjustified advantages to a certain end user; 
5) unjustified connection of certain services. 
Page 34 
(4) When determining the measures referred to in paragraph 1 of this Article, the Agency may 
significant market power to require the application of one of the following methods: 
1) price cap restrictions ; 
2) regulation of individual prices of services; 
3) cost orientations of prices; 
4) harmonization of prices with prices in comparable markets. 
Functional separation of vertically integrated operators 
Article 79 
(1) If the Agency assesses that, by applying the regulatory measures referred to in Art. 71 to 77 of this 
law, effective market competition has not been achieved and that there are significant and permanent barriers in 
market competition or market failures in the provision of certain wholesale services 
access to the relevant access market, may, exceptionally, with previously obtained 
opinion of the Government, by a decision to impose an obligation on vertically integrated operators 
separation of activities related to the provision of certain wholesale access services in 
a separate business unit. 
(2) Within the special business unit referred to in paragraph 1 of this Article, it shall be provided 
providing products and services of access to all operators, under equal conditions, 
including business units within the operator referred to in paragraph 1 of this Article, as follows: the same 
systems and procedures and with equal terms and conditions, including terms of reference 
price and service levels. 
(3) The decision of the Agency referred to in paragraph 1 of this Article must contain: 
1) clearly described nature and level of separation, with determination of legal position 
special business units; 
2) determination of the assets of a special business unit, as well as the type of product or 
services to be provided by the business unit; 
3) provisions on the manner of management which ensures the independence of employees 
in a separate business unit and the appropriate salary calculation system; 
4) rules for ensuring the fulfillment of obligations; 
5) rules for ensuring transparency of conducted procedures, in particular 
in relation to other market participants; 
6) monitoring program that ensures business compliance, which 
includes the publication of the annual report. 
(4) The Agency shall conduct a comparative analysis of other relevant markets related to 
access network, on the basis of which it will order, maintain, amend or repeal regulatory 
obligations under Art. 71 to 77 of this law. (5) 
(5) The operator to whom the measure referred to in paragraph 1 of this Article has been ordered may also be ordered 
appropriate measure from Art. 71 to 77 of this law. 
Voluntary separation of vertically integrated operators 
Article 80 
(1) A vertically integrated operator with significant market power at one or 
several relevant markets can decide for themselves whether to allocate or transfer their own 
access network or a significant part of it into a separate legal entity or separate business 
unit (voluntary separation of a vertically integrated operator). 
Page 35
           ,    ,  
Agency on the intention to transfer its access network or a significant part of it in particular 
legal entity, with a change in ownership structure or the formation of a special business unit for 
providing the same products and services of access to service operators at the retail level, 
including its own business units for retail services, as well as any 
change of that intention and the final outcome of the separation process. 
(3) The Agency shall, within the deadline referred to in paragraph 2 of this Article, assess the effects of the intended separation to existing operator regulatory obligations. 
(4) For the purpose of the assessment referred to in paragraph 3 of this Article, the Agency shall conduct a parallel analysis of other relevant markets related to the access network, in accordance with Article 
69 of this law. 
(5) Based on the conducted analysis referred to in paragraph 4 of this Article, the Agency shall order, 
maintain, amend or repeal the measures referred to in Art. 71 to 77 of this law. 
(6) A separate special business unit referred to in paragraph 2 of this Article may be designated 
some of the measures from Art. 71 to 77 of this law. 
VII. UNIVERSAL SERVICE 
Universal service 
Article 81 
(1) Universal service, in terms of this law, is a set of basic electronic 
communication services of prescribed quality that are available to everyone on the territory of Montenegro 
end users at affordable prices, regardless of their geographical location. 
(2) Universal service is provided on a technology-neutral basis, applying the principle 
objectivity, transparency, proportionality and non-discrimination and with as little as possible 
distortion of competition in the market. 
Universal Service Services 
Article 82 
(1) Universal service services include: 
1) fulfillment of the justified request of the user for access to the public electronic 
communication network and publicly available electronic communications services on 
fixed location, allowing voice communication and data transfer speeds 
which provides functional internet access; 
2) provision of the universal telephone directory service (hereinafter: 
Universal Directory) and universal telephone number information services 
subscribers (hereinafter: Universal Information Service); 
3) the possibility of using public payphones or other publicly available ones 
access points for the public voice service, at all times, in accordance with the justified 
requirements and needs of end users, in terms of geographical coverage and quality 
services; 
4) special measures and benefits for persons with reduced mobility, as well as persons with 
disability, including access to emergency services, number information services 
subscribers and the directory of subscribers, which provide equal access 
publicly available telephone services that other end users have as well 
the appropriate choice of operators available to most end users. 
Page 36 
(2) The minimum set of services covered by the Universal Service, including services from 
paragraph 1 item 1 of this Article shall be determined by the Government. 
(3) The minimum set of services may be changed in a period that cannot be shorter than 
two years from the adoption of the act referred to in paragraph 2 of this Article. 
(4) The development of the Universal Service shall be monitored by the Agency and proposed necessary changes the minimum set of Universal Service services. 
Criteria for assessing the justification of the request, transfer speed and benefits 
Article 83 
(1) Criteria for assessing the justification of requests and needs referred to in Article 82, paragraph 1, item 1 i 
3 of this Law shall be determined by the Agency. 
(2) The Ministry, at the proposal of the Agency, shall determine the transfer speed that it enables 
functional internet access and a deadline for achieving transfer speeds, taking into account 
prevailing access technologies, technological and economic rationality and goals 
strategies in the field of electronic communications. 
(3) The type of benefits and measures referred to in Article 82, paragraph 1, item 4 of this Law shall be determined Ministry, with the consent of the state administration body responsible for social affairs 
aging. 
Universal directory 
Article 84 
(1) Universal directory, ie database of the Universal Information Service 
includes at least the following data on subscribers: name and surname, ie name 
company and its organizational form, address, ie seat of the subscriber and 
assigned subscriber number, except for subscribers of publicly available telephone services who 
demanded a ban on entering and publishing this information. 
(2) The operator of publicly available telephone services that provides the subscriber 
the connection to the electronic communication network is obliged to provide the data referred to in paragraph 1 of this submit the member to the Universal Service Operator providing the Universal Service 
directory, ie the Universal Information Service within seven days from the day 
providing a connection. 
(3) The operator referred to in paragraph 2 of this Article is obliged to provide data in the Universal Directory 
updated at least once a year. 
(4) The universal directory shall be issued in printed and electronic form, with approval 
Agencies. 
Universal Information Service 
Article 85 
(1) For publishing data in the Universal Directory, the operator of the Universal 
directory cannot charge for the service of publishing subscriber data. 
(2) The universal information service provides data on fixed and mobile and post-paid i 
pre-paid) telephone numbers of all subscribers who did not request the ban 
publishing this information by subscriber number or number owner. 
(3) Access to the Universal Information Service shall be provided to all extremes 
users, including public payphone users. 
Page 37 
(4) The data provided by the Universal Information Service shall be updated at least once 
in 60 days. 
(5) The operator of the Universal Directory, ie the Universal Information Service, without 
delays, notifies the Agency if the operator of publicly available telephone services does not 
submit the data referred to in Article 84 para. 1 and 2 of this law within the deadline set for updating 
data. 
(6) The Universal Service Operator providing the Universal Directory service, 
that is, the Universal Information Service, data received from the operator publicly 
handles available telephone networks under equal conditions. 
Designation of the Universal Service Operator 
Article 86 
(1) The Agency shall, by a decision, designate one or more Universal Service Operators on 
a period of five years, in a manner that ensures the provision of Universal services 
service on the territory of Montenegro. 
(2) The Universal Service Operator shall be determined on the basis of the Agency's procedure 
conducted by public competition. 
(3) The selection of the operator referred to in paragraph 2 of this Article shall be performed by applying the following criteria: ability to provide services of the Universal Service, ie its segments on 
specific area, the cost of providing the service, the price of the service and the technological capabilities 
network in relation to the planned expansion of the scope and quality of the Universal Service. 
(4) If in the procedure according to the public competition it cannot determine the operator of the Universal 
service, the Agency by decision determines the operator who in the provision of publicly available 
Fixed location telephone service has significant market power or has the most 
subscribers at a fixed location, applying the principles of efficiency, objectivity and 
transparency. 
(5) In the decision on determining the universal service operator referred to in paragraph 1 of this Article 
The Agency determines the conditions for the provision of the Universal Service. 
(6) Detailed content and procedure of the public competition for the selection of the operator for the provision of services Universal service is prescribed by the Agency. 
Control of the provision of Universal Service services 
Article 87 
(1) The Agency is obliged to, periodically, and at least once a year, on the basis of 
data received on the provision of the service of the Universal Service Operator and in the procedure 
conducted public consultations, control the compliance of service provision 
Universal service with this law. 
(2) If it is determined that the Universal Service is not provided in accordance with this 
by law, the Agency announces a public competition for the selection of a new operator Universal 
service. 
(3) The existing universal service operator is obliged to continue providing 
Universal Service in accordance with the decision of the Agency, until the determination of a new one 
universal service operator. 
Page 38 
Access network allocation notice 
Article 88 
(1) The Universal Service Operator is obliged to, within 60 days in advance, 
notify the Agency of the intention to allocate its access network, in whole or in part 
partly into a separate legal entity, with a change in the ownership structure, in order to assess the effects 
intended allocation to the provision of access at a fixed location and to the provision of public 
available telephone services. 
(2) The Agency shall notify the Universal Service Operator in the case referred to in paragraph 1 of this Article 
amend or revoke the decision on the designation of the universal service operator. 
Prices, general conditions and rights of Universal Service users 
Article 89 
(1) Price of the service from the set of services of the Universal Service provided by the operator 
is determined in equal amounts for all users in the territory of Montenegro. 
(2) The Universal Service Operator is obliged to offer price options or packages 
for socially vulnerable persons, persons with reduced mobility, as well as persons with disabilities. 
(3) The Agency shall monitor the development and the level of prices of services from the set of Universal Service. (4) If it determines that the prices referred to in paragraph 2 of this Article are too high in relation to the minimum the cost of labor in Montenegro, the Agency will instruct the Universal Service Operator to offer 
special prices or special packages for socially disadvantaged persons, persons reduced 
mobility, as well as persons with disabilities, under more favorable conditions. 
(5) The manner of assessing the affordability of prices of services and special packages shall be determined 
by regulation of the Agency. 
(6) The list of categories of persons referred to in paragraph 2 of this Article, until the end of the current one for the next one calendar year, determined by the state administration body responsible for social affairs 
aging. 
Special obligations of the operator 
Article 90 
(1) The Universal Service Service Operator is obliged to provide technical 
possibilities for the user, ie special tariff regimes for the categories of socially endangered 
persons, persons with reduced mobility, as well as persons with disabilities, who provide insight into 
price and control of service consumption. 
(2) The Universal Service Operator is obliged to: 
1) determine the general conditions for the provision of services and to state the prices separately on the invoice certain services of the Universal Service, which the user of the universal service is obliged to pay for. 
2) ensure the breakdown of accounts in accordance with Article 162 of this Law; 
3) at the request of the user, perform a free block of outgoing calls to 
a certain number or type of numbers. 
(3) The Agency may issue a decision referred to in Article 86, paragraph 1 to the Universal Service Operator 
of this Law to order subscribers to provide: 
1) pre-paid system for payment of access to public electronic communications 
networks and use of public electronic communications services; 
2) repayment of the fee for connection to public electronic communications 
network in installments. 
Page 39 
Quality of Universal Service 
Article 91 
(1) The Ministry, upon the proposal of the Agency, shall determine: 
1) Universal service quality parameters, their limit values and 
measurement methods; 
2) content, form and manner of publishing data on the quality of the Universal 
service. 
(2) The Universal Service Operator is obliged to submit to the Agency on a quarterly basis 
data on measured parameters of service quality, as well as on changes in service quality 
Universal Service, within 30 days from the date of the change, as well as yes, 
at least once a year, publish updated data on the quality of these services on its own 
website. 
(3) The Agency may, if it doubts the accuracy of the submitted operator data 
Universal Service, to authorize an independent auditor to verify this information. 
(4) If the verification referred to in paragraph 3 of this Article confirms the accuracy of the submitted data, 
audit costs are paid by the Agency. 
(5) If the audit determines that the submitted data are inaccurate, the costs of the audit 
paid by the operator. 
(6) If the measured values of the quality parameters of a particular operator 
Universal service, at least three times in a row during the year, do not reach the limit 
values, the Agency may initiate the process of selecting a new operator Universal 
service. 
Net cost of universal service obligation 
Article 92 
(1) The Universal Service Operator is entitled to reimbursement of net costs for 
provision of the Universal Service, if the provision of the Universal Service is in accordance with it 
with the obligations from art. 86 to 90 of this law represents an excessive cost. 
(2) The net cost of providing the Universal Service represents the difference between 
net cost incurred by the Universal Service Operator in its operations, with liability 
provision of the Universal Service and without that obligation. 
(3) The methodology for calculating the net cost shall be prescribed by the Agency, after the implementation 
public consultation procedure. 
Separate cost management 
Article 93 
(1) The Universal Service Operator is obliged to cover the costs incurred by providing the services 
from Art. 86 to 90 of this law shall be recorded and kept separately from other costs. 
(2) The Universal Service Operator is obliged to, by the end of the second quarter of the current 
year, submit to the Agency a report on the provision of services of the Universal Service with the calculation 
net cost and accounting records, as well as the data on the basis of which it was made 
calculation of the net cost of providing the Universal Service in the previous year. 
(3) An operator who fails to submit a report on the provision within the period referred to in paragraph 2 of this Article Universal Service with net cost calculation and accounting records 
is not entitled to reimbursement of net costs. 
Page 40 
(4) The Agency shall verify and approve the accounting statements and data referred to in paragraph 2 
of this Article and for the purpose of verification of accounting statements and data may authorize an independent auditor. 
(5) When checking the accounting statements and data referred to in paragraph 2 of this Article 
The Agency realistically estimates the costs that the Universal Service Operator would try to 
avoid, if it would not have an obligation to provide Universal Service services, as well as 
intangible benefits realized by that operator, where double is not allowed 
accounting for any benefits and costs. 
Calculation of net cost 
Article 94 
(1) If the Universal Service Operator is determined on the basis of a public competition, 
The Agency during the verification of accounting statements and data referred to in Article 93 of this 
the law considers the costs of providing the Universal Service service specified by the operator 
offered in a public competition. 
(2) Different costs from the costs stated in the offer by public competition 
The Agency considers only if the conditions have changed for objective reasons 
determined by a public tender and if the operator objectively and transparently proves 
justification of these deviations. 
(3) If the Agency, based on the net cost, determines that the provision of the service represents 
excessive cost for the Universal Service Operator, the decision will determine the amount 
fees to cover the net cost of providing the Universal Service, which may not 
be greater than the net cost. 
(4) The Agency may, in order to reduce the net costs of providing the Universal service 
service, order the Universal Service Operator to apply certain technical and other 
solutions or concluding offered interconnection agreements or cooperation with others 
operators or to recognize the net cost up to the amount that would be incurred by applying the required 
technical and other solutions. 
(5) The Agency shall publish on its website the results of the calculation of net costs and 
the results of the audit of the data referred to in Article 93, paragraph 2 of this Law submitted to it by the operator Universal service. 
Universal Service funding 
Article 95 
(1) Reimbursements of the net costs of the Universal Service shall be provided from contributions which 
paid by operators whose share in the total annual revenue in the field of electronic 
communication greater than 2%. 
(2) The amount of contributions and the method of payment for an individual operator shall be determined by the Agency, in proportion to the share of its revenue from the provision of public electronic communications 
services, ie giving for use of electronic communication network, electronic 
communication infrastructure and related equipment in the total annual revenue in the area 
electronic communications. 
(3) Operators shall pay the contribution referred to in paragraph 2 of this Article directly to the provider 
Universal service, in the amount and deadlines determined by the Agency. 
(4) Data on the reimbursement of the net costs of the Universal Service, the manner of their 
distribution and use by purpose, the Agency publishes on its website. 
Page 41 
(5) Summary annual report on compensation of net security costs 
The Agency will publish the universal service on its website by December 31 
current for the previous business year. 
VIII. RADIO FREQUENCY SPECTRUM 
Radio frequency spectrum management 
Article 96 
(1) Radio frequency spectrum management, as a limited resource, 
includes planning, allocation, coordination, monitoring and control of the use of radio 
frequency spectrum. 
(2) The radio frequency spectrum shall be managed by the Agency in accordance with the international 
agreements (Convention and regulations on radiocommunications of the International Union for 
telecommunications (ITU) and this law. 
(3) The Agency shall coordinate the use of satellite orbits, in accordance with the relevant 
international agreements and this law, in accordance with the interests of Montenegro. 
(4) The Agency shall cooperate with international organizations and competent authorities 
other states that perform radio frequency spectrum management activities, independently or 
through the competent authorities. 
Plan of radio frequency spectrum use 
Article 97 
(1) The plan for the use of radio frequency spectrum shall determine the purpose of 
frequency bands for individual radiocommunication services, in accordance with the regulations of 
radiocommunications of the International Telecommunication Union. 
(2) The plan for the use of radio frequency spectrum for radio frequency bands 
are determined: 
1) purpose for one or more radiocommunication services in Montenegro, where 
individual radio frequency bands do not have to be specific 
radiocommunication services (use independent of the type of radiocommunication 
services); 
2) use for the purpose of one or more appropriate applications or one or more 
different technologies, where the use of individual radio frequency bands can be 
independent of applied technology (technology neutral use); 
3) purpose for the purpose of civilian and / or military use; 
4) conditions of use of the corresponding radio frequencies which can be referred to 
implementation of appropriate decisions and recommendations of the International Telecommunication Union, 
European Conference of Postal and Telecommunications Administrations (CEPT) and others 
competent international organizations and institutions, as well as other regulations, international 
contracts and agreements. 
(3) The plan for the use of the radio frequency spectrum shall be published in the "Official Gazette 
Montenegro "and on the Agency's website. 
(4) The plan for the use of radio frequency spectrum shall be adopted by the Government. 
Page 42 
Radio frequency allocation plans 
Article 98 
(1) The plan for the distribution of radio frequencies from a certain range shall determine the division 
the scope of radio frequency channels, more detailed conditions, the manner of use and the 
frequency of one or more specific radiocommunication services, according to the purpose plan 
radio frequency spectrum. 
(2) Radio frequency allocation plans shall be adopted by the Agency, taking into account o 
needs and requirements of users, according to the conducted procedure of public consultations. 
(3) Radio frequency allocation plans shall be taken into account in the procedure 
needs of national and public security and defense, protection from natural and other 
natural disasters, as well as the needs of emergency services and rescue services. 
(4) The Agency is obliged to submit radio frequency allocation plans to 
consent: 
1) state bodies and institutions responsible for civil security 
air or maritime transport, in relation to radio 
frequency bands that are intended by the plan for the use of the radio frequency spectrum 
aviation or maritime service, which are used for security purposes 
civil air or sea traffic; 
2) state bodies in charge of internal affairs, national 
security and defense, in relation to distribution plans relating to 
frequency bands intended by the radio frequency spectrum plan i 
for civilian and military use; 
3) the regulatory body responsible for the field of audio-visual media services 
in connection with plans relating to the radio frequency bands which are the plan of use 
radio frequency spectrum intended for the broadcasting service. 
(5) Radio frequency allocation plans shall be published in the "Official Gazette of Montenegro 
Up "and on the Agency's website. 
Use of radio frequencies 
Article 99 
(1) Natural and legal persons may use radio frequencies on the basis of approval 
for the use of radio frequencies, issued by the Agency. 
(2) The state administration body responsible for defense affairs may use 
frequencies that are intended for the military by the plan of use of the radio frequency spectrum 
use, without permission to use radio frequencies. 
(3) Detailed data on the use of radio frequencies referred to in paragraph 2 of this Article shall be submitted 
Agency, on request. 
(4) Notwithstanding paragraph 1 of this Article, radio frequencies that can be used without 
approvals and conditions under which they may be used, as well as radio frequencies used 
must be reported to the Agency, determined by a regulation of the Ministry. 
(5) The manner of reporting the use of radio frequencies referred to in paragraph 4 of this Article shall be prescribed Agency. 
Page 43 
Issuance of approval for the use of radio frequencies 
Article 100 
(1) Approval for the use of radio frequencies shall be issued by the Agency, based on the request 
for the issuance of approvals for the use of radio frequencies. 
(2) Approval for the use of radio frequencies from the range for which it is appropriate 
the radio frequency allocation plan established that they are allocated on an exclusive basis at 
territory of Montenegro for the use of public electronic communications network, ie when 
in accordance with Article 105 of this Law, it is determined that the expressed interest is greater than 
available radio frequency resources are issued on the basis of the conducted procedure 
public bidding. 
Procedure for issuing approvals for the use of radio frequencies on request 
Article 101 
(1) The procedure for issuing an authorization for the use of radio frequencies shall be initiated 
by submitting a request of a natural and legal person. 
(2) The application for the issuance of an authorization for the use of radio frequencies shall contain: 
1) for a natural person - name and surname, unique identification number and address, ie name 
and last name, date and place of birth, state that issued the passport or ID card and number 
documents for a foreign natural person; 
2) for a legal entity - name of the company, registered office, registration and registration number, 
account number and name and surname of the representative; 
3) data on the radio frequency band, type of radiocommunication service and 
the type of connection to which the request relates; 
4) explanation of the reasons for the use of radio frequencies. 
(3) Along with the request referred to in paragraph 1 of this Article, the applicant is obliged to submit 
technical solution for the use of radio frequencies on the prescribed form. 
(4) The applicant referred to in paragraph 1 of this Article shall, in order to process the application, 
He pays a fee to the Agency, the amount of which is determined by the Agency, and which cannot be higher than the actual ones application processing costs. 
(5) The fee referred to in paragraph 4 of this Article shall not be paid by the applicants referred to in Article 125 paragraph 3 of this law. 
(6) The application form referred to in paragraph 3 of this Article shall be prescribed by the Agency. 
Decision making on request 
Article 102 
(1) The Agency shall decide on applications for the issuance of 
frequencies in the order in which they are received, except when the authorization to use 
the frequency is issued on the basis of the conducted public bidding procedure. 
(2) The Agency is obliged to decide on the request for the use of radio frequencies within the deadline 
of 30 days from the date of receipt of the request. 
(3) The Agency shall not issue the approval referred to in paragraph 1 of this Article, if it determines that: 
1) the request has not been submitted in accordance with Article 101 para. 2, 3 and 4 of this Law; 
2) the request is not in accordance with the plan of use of the radio frequency spectrum or 
an appropriate radio frequency allocation plan; 
3) the radio frequencies for which the application is submitted are not available; 
Page 44 
4) approval of radio frequencies is not in accordance with the principles of rationality 
use of radio frequency spectrum or is not in accordance with Article 38 of this Law; 
5) the operation of a radio device may cause harmful consequences to the operation of others 
electronic communication systems or equipment, ie the environment and health 
people; 
6) the applicant for the use of radio frequencies that are the intended plan 
of the radio frequency spectrum intended for the broadcasting service is not approved for 
broadcasting of radio and / or television programs of the regulatory body responsible for the area 
audio-visual media services. 
Amateur radio communications 
Article 103 
The manner of using radio frequencies that are in the plan for the purpose of radio frequency 
spectrum intended for amateur radiocommunication service, classes of amateur radio, examination 
program and taking the amateur radio exam, technical and other conditions for the use of radio 
amateur stations prescribed by the Agency. 
Limit the number of approvals for the use of radio frequencies 
Article 104 
The Agency may introduce a plan for the allocation of radio frequencies from a particular band 
limiting the number of approvals for the use of radio frequencies for certain types 
radiocommunication networks or wireless access technologies, in principle 
proportionality and under equal conditions, for: 
1) avoidance of harmful interference; 
2) protection of the environment and human health from the effects of electromagnetic radiation; 
3) achieving maximum benefits for users and encouraging competition; 
4) ensuring the quality of service; 
5) ensuring efficient use of radio frequency spectrum; 
6) achieving goals of public interest. 
Examination of interest in the use of radio frequencies 
Article 105 
(1) If the Agency, according to the expressed interest of at least one physical or 
legal entity, assess that there may be an increased interest in the use of radio 
frequencies from the range for which, in accordance with Article 104 of this Law, a limited number 
approval, which would be higher than the available radio frequency resource, is obliged to 
announces a public call for expressions of interest for the use of the radio 
frequency. 
(2) The public invitation referred to in paragraph 1 of this Article shall be published in at least one printed form 
media distributed on the territory of Montenegro and on the website of the Agency. 
(3) By a public invitation referred to in paragraph 1 of this Article, the Agency is obliged to 
interested natural and legal persons request information regarding the planned manner and 
conditions of use of radio frequencies, services to be provided, as well as 
evidence of professional and financial capacity for project implementation. 
Page 45 
(4) The deadline for expressing interest in the public invitation referred to in paragraph 1 of this Article may not be shorter than 30 days from the date of publication of the public call. 
(5) The Agency, within 45 days from the day of expressing interest referred to in paragraph 3 of this 
Article, decides on the need to conduct a public tender in accordance with Article 106 of this 
of the law. 
Public bidding procedure 
Article 106 
(1) Public bidding procedure in cases referred to in Article 100, paragraph 2 of this Law 
conducted by the Agency. 
(2) The Agency shall initiate a public bidding procedure by a decision, within 30 days from 
on the day of making the decision referred to in Article 105, paragraph 5 of this Law, ie on the day of expression 
interest in using radio frequencies from the range for which the plan is appropriate 
distributions determined to be allocated on an exclusive basis in the territory of Montenegro for 
use of public electronic communications network. 
(3) The decision referred to in paragraph 2 of this Article must contain: 
1) radio frequencies that are the subject of public bidding and the area in which they are 
can use; 
2) type of public bidding (closed bid or auction); 
3) conditions, requirements and qualifications provided by the participants in the public bidding procedure 
should fulfill; 
4) the lowest amount of the one-time fee for granting a license to use 
frequency; 
5) criteria for selection of the most favorable bid and the manner of evaluation in the procedure 
public bidding by submitting closed bids; 
6) deadline and manner of submitting the bid, ie request for participation in the auction; 
7) address, place, date and time of public bid opening, ie 
conducting auctions; 
8) data on the contact person in charge of providing information relevant to 
public bidding procedure; 
9) the purchase price, the method of payment and the method of taking over the documentation for the public 
bidding; 
10) bid guarantee; 
11) deadline within which the bidders will be notified of the outcome of the public tender. 
(4) The lowest amount of the one-time fee referred to in paragraph 3, item 4 of this Article and the amount of the guarantee bids are determined by the Ministry. 
(5) The price for the purchase of the documentation for the public bidding referred to in paragraph 3, item 9 of this Article determined by the Agency, in the amount of the actual costs of its preparation. 
(6) The Agency shall make a decision on the selection of bidders within 30 days from the public day 
opening of bids, ie the day of the auction. 
(7) The amount of the one-time fee realized in the public bidding procedure shall be paid 
to the budget of Montenegro, within 15 days from the date of the decision referred to in paragraph 6 of this 
member. 
Deadline for submission of bids, ie requests to participate in the auction 
Article 107 
Page 46 
(1) The deadline for submission of bids, ie requests for participation in the auction cannot 
be shorter than 30 or longer than 90 days from the day of making the decision referred to in Article 106, paragraph 2 of this of the law. 
(2) The Agency shall, until the expiration of the deadline referred to in paragraph 1 of this Article, keep the list secret participants in the public bidding procedure and submitted bids, ie requests for participation in 
auction. 
Tender documentation 
Article 108 
The Agency is obliged to specify and clarify in the documentation for the public tender 
conditions, requirements and other elements from the decision on initiating the public bidding procedure, 
public bidding procedure, public bid opening procedure, ie format i 
auction rules, deadlines for individual stages of the procedure, as well as criteria for selection of bidders with 
the way they are valued. 
Opening and evaluation of bids 
Article 109 
(1) In the procedure of public opening of bids, the Agency shall consider them only in a timely manner 
received offers. 
(2) The procedure referred to in paragraph 1 of this Article shall include verification of whether the bid was submitted to in accordance with the tender documentation and whether the bidder meets 
conditions prescribed by the documentation for public bidding and this law. 
(3) The Agency shall not consider bids that have not been submitted in accordance with 
documentation for public bidding or whose submitter does not meet the conditions specified
      . 
Consideration of bids 
Article 110 
After the completion of the bid opening and evaluation procedure, consideration is approached 
bid in accordance with the criteria established by the decision to initiate a public tender and 
a ranking list of bidders is compiled. 
Consideration of requests to participate in the auction 
Article 111 
(1) In the process of reviewing timely received requests to participate in the auction 
The Agency examines the qualification of the bidder interested in participating in the auction, 
that is, it checks whether the request to participate in the auction has been submitted in accordance with 
documentation for the public tender and whether the applicant meets the conditions 
prescribed by the tender documentation and this law. 
(2) The Agency shall reject the request for participation in the auction of the bidder who does not meet 
conditions prescribed by the documentation for public bidding and this law. 
(3) After the conducted auction procedure, a ranking list of participants shall be made on 
auction. 
(4) Closer procedure of opening, consideration and evaluation of bids, ie requests 
to participate in the auction is prescribed by the Agency. 
Page 47 
Decision making 
Article 112 
(1) Based on the ranking list referred to in Article 110 of this Law, ie Article 111, paragraph 3 
of this Law, the Agency makes a decision on the selection of bidders in the public bidding procedure. 
(2) Based on the decision referred to in paragraph 1 of this Article, the selected bidder shall submit a request for issuing approvals for the use of radio frequencies in accordance with Article 101, paragraph 2, item 1, 2 and 3 
and paragraph 4 of this law. 
(3) The Agency shall issue an approval for the use of radio frequencies on the basis of an orderly one 
the request referred to in paragraph 2 of this Article and proof of payment of the fee for issuing the approval. 
Contents of the authorization for the use of radio frequencies 
Article 113 
(1) The approval for the use of radio frequency shall contain data on: 
1) the holder of the authorization for the use of radio frequencies; 
2) assigned radio frequencies; 
3) location of transmitters and / or receivers and coverage areas; 
4) the period of validity of the approval for the use of radio frequencies; 
5) the amount of the annual fee for the use of radio frequencies, ie administration 
radio frequency spectrum and the manner of their payment; 
6) conditions for the use of assigned radio frequencies. 
(2) Approval for the use of radio frequencies which are in the plan of 
frequency spectrum intended for the broadcasting service, in addition to the data referred to in paragraph 1 of this member, also contains an identification mark of audio-visual media content and data from 
approvals for broadcasting radio and / or television programs of the regulatory body 
responsible for the field of audio-visual media services. 
(3) Users of radio frequencies are obliged to inform the Agency about the change 
data referred to in paragraph 1, item 1 and paragraph 2 of this Article, within 30 days from the date of occurrence these changes. 
Conditions for the use of approved radio frequencies 
Article 114 
(1) By approving the use of radio frequencies, the Agency shall determine the conditions under which 
determine: 
1) purpose of the service, type of network or technology for which the right is granted 
use of radio frequencies; 
2) measures to ensure efficient use of radio frequencies, 
including requirements regarding coverage or signal strength, where applicable; 
3) technical and operational conditions necessary to avoid harmful interference; 
4) additional obligations assumed by the bidder in the public bidding procedure; 
5) obligations in accordance with international agreements and regulations in the field 
radio frequency. 
(2) Technical and operational conditions for the exclusive use of radio frequencies, referred to in paragraph 
1 item 3 of this Article, at individual locations, ie areas of coverage, 
Page 48 
shall be determined by a special act of the Agency, at the request of the holder of the approval, with a period 
valid until the expiration of the period of validity of the authorization for the use of radio frequencies. 
(3) Technical and operational conditions for the use of approved radio frequencies referred to in paragraph 1 
item 3 of this article, in the case of radio frequencies used by radio stations on 
aircraft, ie vessels, shall be determined by a special act of the Agency, upon request 
holder of the approval, with a validity period of one year from the date of receipt of the request. 
Validity of the authorization for the use of radio frequencies 
Article 115 
(1) The Agency shall issue an approval for the use of radio frequencies for a period of up to five 
year, and for the exclusive use of radio frequencies in the territory of Montenegro, up to 
15 years. 
(2) Approval for the use of radio frequencies from the bands that are the purpose plan 
of the radio frequency spectrum intended for the broadcasting service shall be issued until its expiration 
validity of the appropriate approval for broadcasting radio and / or television programs 
regulatory body responsible for the field of audio-visual media services. 
Temporary approval for the use of radio frequencies 
Article 116 
(1) For the use of radio frequencies intended for testing, measuring and 
testing of radio communication equipment for a limited coverage area, Agency 
issues temporary approvals, for a period of up to 90 days. 
(2) For the use of radio frequencies in the event of an emergency, including 
sports, cultural and entertainment events of a temporary nature, the Agency issues 
temporary approvals for a period of up to 60 days, and in case of emergency, for a period 
while the emergency situation lasts. 
(3) For temporary use of radio frequencies referred to in para. 1 and 2 of this article shall be paid 
compensation in accordance with the regulation of the Ministry referred to in Article 124, paragraph 3 of this Law. Extension of the authorization for the use of radio frequencies 
Article 117 
(1) The validity of the authorization for the use of radio frequencies may be extended, upon request 
the holder of the authorization, if the conditions for the use of radio frequencies are met 
approval. 
(2) Request for extension of the validity of the authorization for the use of radio frequencies 
it shall be submitted to the Agency no earlier than 90 and no later than 30 days before the expiry of the approval. (3) In case of using radio frequencies on an exclusive basis on the territory of Montenegro 
Up for the use of the public electronic communication network, the Agency, according to the official 
duties or at the request of the user of radio frequencies, initiates the public bidding procedure, 
no later than six months before the expiry of the approval period. 
Transfer, ie assignment of the right to use radio frequencies 
Article 118 
(1) The right to use radio frequencies may be transferred or ceded 
Page 49 
to another legal or natural person, on the basis of a joint request of the authorization holder and 
persons to whom the right to use radio frequencies is transferred or assigned only with 
consent of the Agency. 
(2) The right to use radio frequencies may be transferred, ie ceded only to 
a legal or natural person who meets all the conditions for issuing a permit for use 
radio frequency determined by the approval. 
(3) When deciding on giving consent to the transfer, ie assignment 
rights to use radio frequencies used for the use of public electronic 
communication networks The Agency particularly appreciates the application of the principle of management efficiency radio frequency spectrum, ie the application of other principles referred to in Article 3 of this Law 
when transmitting or assigning radio frequencies. 
(4) For the transfer or assignment of the right to use radio frequencies from the band which 
are, according to the plan for the use of the radio frequency spectrum, intended for the broadcasting service, 
the applicant is obliged to obtain the prior consent of the regulatory body 
responsible for the field of audio-visual media services. 
(5) After giving the consent referred to in paragraph 1 of this Article, the Agency to the person to whom 
transfers the right to use radio frequencies and issues an authorization for the use of 
frequency upon request referred to in Article 101, paragraph 2, items 1, 2 and 3 of this Law. 
(6) By transferring the right to use radio frequencies in its entirety from the previous one 
the holder of the authorization transfers to the follower the rights and obligations set out above 
approval for the use of radio frequencies. 
Modification of the approval for the use of radio frequencies 
Article 119 
(1) The Agency may amend the approval for the use of radio frequencies, if: 
1) there is a change in the plan of use of the radio frequency spectrum, the plan 
distribution or regulations determining the conditions for the use of radio frequencies; 
2) the public interest is determined which cannot be realized in another way; 
3) the change is necessary to ensure the efficient use of radio 
frequency spectrum; 
4) harmful interference or excessive radiation cannot be remedied by others 
way; 
5) there are changes in the appropriate approval for broadcasting radio and / or 
television programs of the regulatory body responsible for audio-visual 
media services; 
6) the change is necessary for the purpose of harmonization with international agreements and 
other regulations. 
(2) After consultations with the holder of the authorization for the use of 
frequency, the Agency shall issue an amended authorization with an appropriate deadline within which 
the holder of the authorization is obliged to harmonize the use of radio frequencies with the new conditions. 
(3) In the cases referred to in paragraph 1, item 1 and item 3 to 6 of this article, holder 
approves at its own expense the harmonization of the use of radio frequencies with the new conditions 
determined by the amended authorization. 
(4) If the change of the approval is made at the request of the holder of the approval, the approval shall be 
issued under the conditions determined by this law and in a manner that does not endanger the rights 
other radio frequency users. 
Page 50 
Withdrawal of approval for the use of radio frequencies 
Article 120 
(1) The Agency shall revoke the authorization for the use of radio frequencies if it determines that: 
1) incorrect information is stated in the application for the issuance of the approval; 
2) the holder of the approval does not comply with the conditions prescribed by this Law or 
approval; 
3) by order of the Agency, the deficiencies have not been eliminated within the established deadline; 
4) in case of prohibition to perform activities in accordance with the law; 
5) no fees have been paid for the use of radio frequencies even after 
Agency warnings; 
6) harmful interference cannot be avoided in any other way. 
(2) Fees referred to in Article 124 of this Law, which have been paid for the year in which it is 
revoked the authorization for the use of radio frequencies, shall not be returned, except in the case referred to in paragraph 1 item 6 of this article. 
Termination of the approval for the use of radio frequencies 
Article 121 
(1) The approval for the use of radio frequencies shall cease to be valid: 
1) upon expiration of the period for which the approval was issued; 
2) at the request of the authorization holder; 
3) by transferring the right to use radio frequencies to another person; 
4) if the holder of the authorization ceases to exist; 
5) if the holder of the authorization has not started using radio frequencies within the deadline 
determined by approval, and no later than within one year from the date of issue 
approvals; 
6) termination of the validity of the appropriate approval for broadcasting radio and / or 
television programs of the regulatory body responsible for audio-visual 
media services, for radio frequencies that are the plan of the purpose of the radio frequency 
spectrum intended for the broadcasting service. 
(2) Fees referred to in Article 124 of this Law, which have been paid for the year in which it is 
ceased to be valid for the use of radio frequencies, they are not returned. 
Register of approved radio frequencies 
Article 122 
(1) The Agency shall enter the assigned radio frequencies in the Register of Approved Radio Frequencies. 
frequency. 
(2) The register referred to in paragraph 1 of this Article shall in particular contain data on the holder of the approval for use of radio frequencies, approved radio frequencies, conditions of use, location 
fixed radio stations, geographical area of use and other necessary data. 
(3) Changes in data from the Register of Approved Radio Frequencies shall also be recorded 
update. 
(4) The detailed content of the Register of Approved Radio Frequencies shall be prescribed by the Agency. 
Page 51 
Control and monitoring of the radio frequency spectrum 
Article 123 
(1) The control and monitoring of the radio frequency spectrum shall be performed by the Agency in accordance with by this law and relevant international agreements. 
(2) The Agency is obliged to plan, develop and improve the control and monitoring system 
radio frequency spectrum. 
(3) In the procedure of control and monitoring of the radio frequency spectrum, the Agency, 
especially: 
1) performs appropriate measurements of radio emission parameters for the purpose of determination 
occupancy of certain radio frequency bands, in accordance with this law and 
relevant international agreements; 
2) determines the source, location and identifies illegal radio shows and sources of harmful ones 
interference; 
3) perform appropriate measurements of radio emission parameters for control 
meeting the conditions for the use of frequencies from the appropriate approval. 
Fees for the use of radio frequencies 
Article 124 
(1) The holder of the authorization for the use of radio frequencies is obliged to pay to the Agency 
annual fee for the use of radio frequencies. 
(2) The fee referred to in paragraph 1 of this Article shall be used exclusively to cover costs 
management and supervision of the use of radio frequency spectrum. 
(3) The methodology and manner of calculating the amount of compensation referred to in paragraph 1 of this Article, which expressed in points, prescribed by the Ministry. 
(4) The amounts of fees determined in accordance with the regulation of the Ministry referred to in paragraph 3 of this members are included in the financial plan of the Agency for the next calendar year. 
(5) The Assembly, by adopting the financial plan of the Agency, approves the amount of the total 
annual costs of management and supervision of the use of radio frequency spectrum for 
the following calendar year, on the basis of which the Agency determines the monetary value of points 
from paragraph 3 of this article. 
(6) The holder of the authorization for the use of radio frequencies is obliged to pay the annual fee 
fee to cover the costs of radio frequency spectrum administration, according to 
price list determined by the Government, which may not exceed 10% of the fee referred to in paragraph 1 of this member. 
(7) The fee referred to in paragraph 6 of this Article shall be paid to the budget of Montenegro, by 
December 31 for the current year. 
Calculation of fees 
Article 125 
(1) Fees referred to in Article 124 para. 1 and 6 of this law are calculated from the day 
issuing a license for the use of radio frequencies for the year in which the license was issued, 
that is, until the expiration of the approval period. 
(2) The amount of fees referred to in paragraph 1 of this Article shall be determined by the Agency by a decision for each calendar year. 
(3) The fees referred to in paragraph 1 of this Article shall not be paid by: 
Page 52 
1) competent state bodies, for radio frequencies used for needs 
internal affairs, national security and defense; 
2) emergency services, for radio frequencies used for the purpose of acting in 
emergencies, as well as protection from natural and other natural disasters; 
3) broadcasters of radio and / or television programs, ie transmitter operator 
multiplex networks for digital broadcasting, for radio frequencies that are intended 
radio frequency spectrum intended for the broadcasting service; 
4) broadcasters of radio and / or television programs or other entities that for needs 
broadcasters deliver radio and / or television signals to terrestrial broadcasters 
transmitters, for the radio frequencies used for that purpose and for the radio 
frequency resource; 
5) radio amateurs, for radio frequencies intended for amateur radio 
communications; 
6) users who are exempt from payment by international agreement. 
Radio and telecommunication terminal equipment 
Article 126 
(1) Radio and telecommunication terminal equipment (hereinafter: RiTT equipment) 
it can be freely imported, placed on the market and used in Montenegro, if it meets 
conditions of protection and safety of users and other persons and protection of the environment, if any 
its use enables efficient use of the frequency spectrum, ie no 
cause harmful interference even if it meets other conditions determined by law. 
(2) The provision of paragraph 1 of this Article shall also apply to other devices and equipment for which 
radio frequencies or operator services are used. 
(3) The provision of paragraph 1 of this Article shall not apply to: 
1) RiTT equipment used by amateur radio, other than amateur radio 
equipment available on the free market; 
2) radio and television receivers intended exclusively for the reception of radio and 
television programs; 
3) cable installations; 
4) RiTT equipment intended for maritime radio communications, which meets 
conditions determined by special regulations; 
5) RiTT equipment for civil aeronautical radio communications, which is 
intended exclusively for installation in an aircraft; 
6) RiTT equipment used exclusively for the needs of the Army of Montenegro, 
police and security services of Montenegro. 
(4) Approval for the installation of RiTT equipment operating in radio frequency 
band other than the European harmonized radio frequency band or not in accordance with 
the plan of use of the radio frequency spectrum, in accordance with the regulation referred to in paragraph 2 of this member, issued by the Agency. 
(5) More detailed conditions that must be met by RiTT equipment, manner and procedures 
conformity assessment of RiTT equipment, the conditions that must be met by the body for 
conformity assessment of RiTT equipment and marking of RiTT equipment prescribes 
Ministry. 
Page 53 
Limitation of electromagnetic field strength 
Article 127 
RiTT equipment and elements of electronic communication networks can be used on 
manner and under the conditions that ensure that the parameters of electromagnetic fields on 
a certain location must not exceed the limits determined by the law governing protection 
from non-ionizing radiation, as well as Montenegrin and international standards 
applied in Montenegro. 
IX. NUMBERING AND ADDRESSING 
Numbering and addressing management 
Article 128 
(1) Management of numbering and addressing, in terms of this law, includes 
planning, using and assigning numbers and addresses, as a limited resource, in a way that 
their rational, even and efficient use is ensured, in accordance with 
numbering plan and addressing plan. 
(2) Numbering and addressing shall be managed by the Agency, in accordance with the numbering plan 
and an addressing plan. 
Numbering plan and addressing plan 
Article 129 
(1) The numbering plan shall determine the purpose and manner of using access numbers 
public electronic communications networks and public electronic communications 
services and their length, type and structure. 
(2) The addressing plan shall contain: determination and structure of international codes 
signaling points, national signaling point codes, mobile codes 
network, network identification code for data transmission and management method. 
(3) The numbering plan and the addressing plan shall ensure efficient structuring 
and the use of numbers and addresses while establishing equal conditions for assignment and use 
appropriate numbers and addresses to public electronic communications networks and public 
electronic communications services, ie execution of operator requests and 
users of public electronic communications services. 
(4) Amendments to the numbering plan or addressing plan may be made for the purpose of 
fulfillment of obligations arising from international treaties and agreements and 
providing conditions for the introduction of new public electronic communication services, on 
basis for assessing the effects of the proposed amendments, in particular in relation to costs 
which operators or service users may have when customizing. 
(5) If amendments to the numbering plan and addressing plan are relevant 
affects the numbering and / or addressing system or imposes a technologically demanding performance, deadline for the implementation of the plan may not be less than six months from the date of entry into force of the plan. 
(6) Plans referred to in para. 1 and 2 of this Article shall be adopted by the Agency and published in the Official Gazette list of Montenegro ”and on its website. 
Page 54 
Use of numbers and / or addresses 
Article 130 
(1) The operator may use numbers and / or addresses from the numbering plan and the plan 
addressing, based on the approval for the use of numbers and / or addresses issued by the Agency. 
(2) The approval referred to in paragraph 1 of this Article shall be issued at the request of the operator for approval use of numbers and / or addresses, which is submitted on the prescribed form. 
(3) The Agency is obliged to decide on the request referred to in paragraph 2 of this Article within 15 
days from the date of receipt of the request. 
(4) Authorization for the use of numbers and / or addresses shall be issued for a period that cannot 
be longer than ten years. 
(5) Assigned numbers and / or addresses, upon approval, shall be recorded in the register which 
led by the Agency. 
(6) The Agency shall publish the data on assigned numbers and addresses on its own 
website. 
Application for approval to use numbers and / or addresses 
Article 131 
(1) The request for approval referred to in Article 130 of this Law shall state: 
1) name and address of the operator; 
2) numbers and / or addresses whose use is required; 
3) the type of public electronic communications network or service for which it is required 
use of numbers and / or addresses; 
4) planned start date for the use of numbers and / or addresses; 
5) the period in which the use of numbers and / or addresses is planned; 
6) purpose of using numbers and / or addresses. 
(2) The applicant referred to in paragraph 1 of this Article is obliged to pay a fee to the Agency 
for processing applications, the amount of which is determined by the Agency, and which cannot be higher than the actual ones application processing costs. 
(3) Requests for approval for the use of numbers and / or addresses shall be resolved by the Agency by 
order of admission. 
(4) The Agency shall reject the request referred to in paragraph 1 of this Article if it determines that: 
1) the request for approval for the use of numbers and / or addresses does not contain elements from 
paragraph 1 of this Article; 
2) the request for permission to use numbers and / or addresses contains incorrect ones 
data; 
3) the request has not been submitted in accordance with the numbering plan and addressing plan; 
4) the reasons for use do not justify the assignment of the required range of numbers and / or 
address; 
5) the required numbers and / or addresses are not available; 
6) the applicant has not paid the fee for the use of numbers and / or addresses on 
basis of previously issued approvals. 
(5) The application form referred to in paragraph 1 of this Article shall be prescribed by the Agency. 
Page 55 
Contents of approvals for the use of numbers and / or addresses 
Article 132 
Authorization to use numbers and / or addresses contains: 
1) data on the holder of the approval; 
2) approved numbers and / or addresses; 
3) the purpose of using the approved numbers and / or addresses; 
4) date of commencement of use of approved numbers and / or addresses; 
5) the period for which the approval of numbers and / or addresses was issued; 
6) conditions for the use of approved numbers and / or addresses. 
Terms of use for numbers and / or addresses 
Article 133 
The authorization to use numbers and / or addresses to the authorization holder shall specify: 
1) use of assigned numbers and / or addresses in accordance with the numbering plan and 
addressing plan; 
2) purpose of assigned numbers and / or addresses; 
3) start using the assigned numbers and / or addresses within a period that cannot be longer 
from one year from the date of receipt of approval for their use; 
4) the obligation to keep records of the numbers and / or addresses he uses or has given to 
use and to submit data from the records, upon request, to the Agency; 
5) obligation to provide information on subscribers' telephone numbers; 
6) the amount of the annual fee for the use of numbers and / or addresses; 
7) fulfilling the subscriber's request for number portability, in accordance with this 
by law; 
8) fulfillment of obligations from international agreements and treaties related to 
numbers and / or addresses and their assignment and use. 
Transfer or assignment of the right to use numbers and / or addresses 
Article 134 
(1) The right to use numbers and / or addresses may be transferred or assigned to another 
legal or natural person only with the consent of the Agency. 
(2) The Agency shall decide on the consent referred to in paragraph 1 of this Article at the request of the holder 
approval, within 30 days from the date of receipt of the request. 
(3) In the decision-making procedure on the request referred to in paragraph 2 of this Article, the Agency shall determine that whether a legal or natural person to whom the transfer or assignment of the right of use is proposed 
numbers and / or addresses meets the requirements set out in this law. 
(4) The holder of the authorization may provide its subscribers with the use 
appropriate numbers from the numbering plan, if the possibility of assignment is provided 
with the approval referred to in Article 130, paragraph 1 of this Law, as well as the numbers that are transferred to another operator, in accordance with the provisions of this law governing the portability of the number, without 
consent of the Agency. 
Page 56 
Modification of approval for the use of numbers and / or addresses 
Article 135 
(1) The Agency may change the approval for the use of numbers and / or addresses to 
on the basis of amendments to the numbering plan and / or addressing plan, within 30 days from 
the day of the beginning of their application. 
(2) In the case referred to in paragraph 1 of this Article, the approved numbers and / or addresses shall be replaced by the same by scope and type within a period which may not be less than six months from the date of receipt 
amended approval. 
(3) In case of replacement of numbers and / or addresses referred to in paragraph 2 of this Article, the operator and the final service users are not entitled to reimbursement of costs incurred by the replacement. 
(4) The approval referred to in paragraph 1 of this Article may be amended by the Agency at the request of the holder approvals, in accordance with the law, if it does not infringe on the rights of third parties. 
Withdrawal of authorization to use numbers and / or addresses 
Article 136 
(1) The approval for the use of numbers and / or addresses shall be revoked by the Agency, if: 
1) the approval for the use of numbers and / or addresses was issued on the basis of incorrect ones 
data; 
2) the holder of the approval does not comply with the conditions prescribed by this Law or 
approval; 
3) the holder of the authorization for the use of numbers and / or addresses has not started to use it 
assigned numbers and / or addresses within one year from the date of assignment; 
4) the annual fee for the use of numbers and / or addresses has not been paid even after 
warnings; 
5) there is a ban on performing activities, in accordance with the law; 
6) there are significant changes to the numbering plan or addressing plan, but it is not 
it is possible to change the approval due to the unavailability of an adequate resource. 
(2) Based on the decision of the Agency on confiscation of numbers and / or addresses, the operators are 
obliged to exclude those numbers and / or addresses from the traffic of public telephone networks within the deadline certain solution. 
(3) Fee for the use of numbers and / or addresses paid for the year in which it is 
revoked approval for use is not returned. 
(4) In case of revocation of the authorization for the use of numbers and / or addresses, on the basis of 
for the reasons referred to in paragraph 1, item 6 of this Article, operators and users are not entitled to compensation costs. 
Termination of permission to use numbers and / or addresses 
Article 137 
(1) The approval for the use of numbers and / or addresses shall cease to be valid: 
1) upon expiration of the period for which the approval was issued; 
2) at the request of the authorization holder; 
3) by transferring the right to use numbers and / or addresses to another person; 
4) if the holder of the authorization ceases to exist; 
(2) The fee referred to in Article 138 of this Law which has been paid for the year in which it is 
the approval for the use of numbers and / or addresses has ceased to be valid, it is not returned. 
Page 57 
Fee for the use of numbers and / or addresses 
Article 138 
(1) The holder of the authorization for the use of numbers and / or addresses is obliged to pay to the Agency 
an annual fee for the use of numbers and / or addresses, which may be used exclusively for 
covering the costs of supervision and management of numbers and / or addresses. 
(2) The methodology and manner of calculating the amount of compensation referred to in paragraph 1 of this Article, which expressed in points, prescribed by the Ministry. 
(3) The amounts of fees determined in accordance with the regulation of the Ministry referred to in paragraph 2 of this members are included in the financial plan of the Agency for the next calendar year. 
(4) The Assembly, by adopting the financial plan of the Agency, approves the amount of the total 
annual costs of supervision and management of numbers and / or addresses for the next calendar 
year, on the basis of which the Agency determines the monetary value of points referred to in paragraph 2 of this Article. (5) The fee referred to in paragraph 1 of this Article shall not be paid for the numbers used for calls 
according to emergency services and harmonized European numbers from the range 116. 
(6) The fee referred to in paragraph 1 of this Article for ported numbers shall be paid by the operator to whom they are numbers are transferred, using the balance at the beginning of the year for the calculation of the fee 
which the fee is calculated. 
(7) The fee referred to in paragraph 1 of this Article shall be calculated from the day the permit is issued 
for the use of numbers and / or addresses for the year in which the approval was issued, ie until the expiration 
the period of validity of the approval. 
Number portability 
Article 139 
(1) The operator of publicly available telephone services shall, upon request, 
allow the subscriber to keep the assigned number from the plan when changing operators 
numbering: 
1) at a specific location, in the case of geographical numbers; 
2) at any location, in the case of non-geographic numbers. 
(2) The obligation referred to in paragraph 1 of this Article shall not apply to the transfer of numbers between 
operators providing public electronic communications services at a fixed location and 
operators providing public mobile electronic communications services. 
(3) The operator is obliged to, at its own expense, adjust its enabling networks 
number portability functions and to maintain them. 
Number portability fee 
Article 140 
(1) The subscriber who transfers the number pays a one-time fee for the transfer of the number 
to the operator to whose network the number is transmitted. 
(2) The operator receiving the number shall pay the fee for the transfer of the number to the operator-provider 
number. 
(3) The amount of compensation referred to in paragraph 2 of this Article shall be paid in the amount of actual costs number portability and must not discourage the use of portability 
number.
Page 58 
(4) The Agency shall determine the maximum amount of the one-time fee referred to in paragraph 1 of this Article member, paid by the subscriber, as well as the manner of distribution of that fee between the operators. 
(5) The network operator in which the call started shall pay the costs according to the contract on 
interconnection to the operator in whose network the call to the ported number ends. 
(6) Provisions on the minimum duration of the subscriber contract may not be 
a restriction or barrier for a subscriber who requires number portability with another operator. 
(7) The operator is obliged to submit data on the Agency by January 15 of the current year 
transferred numbers in the previous year, ie aggregate data on numbers 
transferred to other operators, as well as data on the sum of transferred numbers to that 
operator. 
Implementing number portability 
Article 141 
(1) The operator is obliged to transfer and connect the number to the network of another operator 
as soon as possible, in accordance with the technical capabilities of the operator. 
(2) Number of subscribers who have concluded a contract for number portability with another operator 
must be activated within one business day. 
(3) The loss of service to the subscriber during the number portability process may not last longer 
from one working day. 
(4) Provisions on the conditions and procedure for termination of the contract may not be determined 
restrictions or obstacles for a subscriber who requires number portability with another operator, 
regardless of the minimum duration of the contract. 
(5) The Agency is obliged to ensure the management of the transmission information system 
numbers and maintaining a central database of ported numbers. 
(6) Information system management activities referred to in paragraph 5 of this Article by the Agency 
may be transferred to another legal entity. 
(7) More detailed conditions and manner of number portability in fixed and mobile networks, as well as 
the manner of acting of the operator during number portability shall be prescribed by the Agency, in accordance with regulations governing contracts, technical feasibility and the need for continuity 
providing service to the subscriber. 
Single European emergency number "112" 
Article 142 
(1) Operators of public telephone networks are obliged to provide all users 
service of free calls to the unique European number "112" for emergency calls 
cases, in accordance with the numbering plan, including public payphones. 
(2) The operator referred to in paragraph 1 of this Article is obliged to Operationally communicate 
center, without delay and free of charge, forward all available data on the achieved 
calls 
according to the number "112" and other numbers of emergency services, and especially personal data on 
to the subscriber, the number from which the call was made, the time and duration of the call, as well as data on the location from which the call was made, in accordance with the technical possibilities. 
(3) Manner and conditions of introduction of the single European number "112" for calls to 
emergencies, as well as the quality of service for servicing calls made to that number 
Page 59 
prescribed by the Ministry, with the consent of the state administration body responsible for protection and 
rescue. 
(4) The operator is obliged to enable the user to call the unique European number 
"112" is realized in another way, especially through short text messages (hereinafter 
text: SMS). 
(5) Service quality parameters referred to in paragraph 1 of this Article, their limit values and 
measurement methods are prescribed by the Ministry. 
(6) The Agency shall, in cooperation with the state administration body responsible for 
protection and rescue, in an appropriate and publicly available manner, informs citizens about 
the existence and use of a single European emergency number 
"112". 
Emergency numbers 
Article 143 
(1) Operators of public telephone networks are obliged to provide all users 
service of free calls to emergency numbers, in accordance with the numbering plan, 
including public payphones. 
(2) Operators referred to in paragraph 1 of this Article are obliged to provide emergency services, free of charge, provide display of caller ID (surname, name and address of subscriber) and 
caller locations as soon as the call reaches the emergency service. 
(3) Operators referred to in paragraph 1 of this Article are obliged to enable emergency users 
services can communicate in other ways, especially via SMS. 
(4) The manner of accurate and reliable determination of the location of the caller shall be prescribed 
Ministry, with the consent of the state administration body responsible for internal affairs. 
(5) Misuse of calls to emergency numbers is prohibited. 
(6) The state, local self-government unit and operators, within their competencies, 
persons with reduced mobility and persons with disabilities are obliged to provide unimpeded 
access to emergency numbers and the single European number "112". 
(7) The manner, conditions and dynamics of providing access to persons referred to in paragraph 6 of this Article prescribed by the Ministry, with the consent of the state administration body responsible for affairs 
social care. 
Harmonized EN numbers within the range 116 
Article 144 
(1) Numbers within the numerical range beginning with "116" are reserved for 
certain services of social importance, ie for social and humanitarian purposes. 
(2) The number "116000" is reserved for calls to the service responsible for registration 
cases of missing children. 
(3) The Agency shall, in cooperation with the state administration body responsible for 
social welfare affairs, in an appropriate and publicly accessible manner, informs citizens 
on the existence and use of the numerical range "116". 
(4) Operators of public telephone networks or public telephone services are obliged to 
enable users to call numbers from the numeric range "116". 
(5) Calls to numbers from the numerical range "116" are made by users without 
fees, provided that the fee for these calls is paid by the services that provide services through 
numbers from the numerical range "116", in accordance with the contract concluded with the operator. 
Page 60 
(6) More detailed manner of use and manner and conditions of assigning numbers from the numerical range 
"116" is prescribed by the Ministry, with the consent of the state administration bodies responsible for 
internal affairs, social welfare and health. 
Access to numbers and services 
Article 145 
(1) Operators of public telephone networks are obliged to, when establishing 
international calls, allows you to use the international prefix "00". 
(2) An operator that provides publicly available telephone services, when technically so 
possible and economically justified, except in the case when the invited subscriber is from the market 
reasons restricted access to callers from certain geographical areas, its 
users are obliged to provide: 
1) access to non-geographical numbers in the European Union; 
2) access to all numbers used in the European Union, regardless of 
technology and devices used by the operator, including numbers from national plans 
numbering, numbers from the European Numerical Telephone Space (ETNS) and universal 
International Toll Free Numbers (UIFN). 
(3) An operator that provides publicly available telephone services that enable 
international calls is obliged to act in the same way with all calls to 
numbers and from numbers from the European Numerical Telephone Space (ETNS), by 
prices that are comparable to the prices that apply to calls to countries 
members of the European Union. 
(4) The operator is obliged to, at the request of the Agency or on its own initiative, with prior notice 
obtained the consent of the Agency, blocks access to certain numbers and services when 
this is justified in cases of fraud or abuse. 
(5) The operator of public telephone networks or public telephone services is obliged to, 
where technically possible and economically justified, ensure that users from others 
states call non-geographic numbers determined by the numbering plan. 
National internet domain management 
Article 146 
(1) The national Internet domain of Montenegro is the '.me' domain. 
(2) The '.me' domain is managed by a person designated by the Government and a ccTLD manager 
authorized to manage the national Internet domain '.me'). 
(3) The use of the '.me' domain shall be regulated by a regulation of the Government, in accordance with 
international standards. 
(4) The manner and procedure of registration and use of domains, under the National Internet 
domain of Montenegro, is regulated by a regulation of the Ministry, in accordance with the international 
standards. 
Page 61 
X. RIGHTS AND PROTECTION OF USERS 'INTERESTS 
User rights 
Article 147 
(1) Realization and protection of the rights of users of public electronic communications 
the service is performed in accordance with this law and the law governing consumer protection. 
(2) The user referred to in paragraph 1 of this Article is a natural or legal person who uses or requests 
public electronic communications service. 
(3) The user of public electronic communications services has in particular the right to: 
1) access to the public electronic communications network, within eight days from 
the day of application, if there are technical possibilities; 
2) uninterrupted use of public electronic communication services, 
declared quality, availability and safety, at publicly available prices; 
3) invoice for services provided, detailed by separate items, which 
allows clear insight into items and verification of the amount charged for the service provided or 
an account that is not separated by items, if requested by the user; 
4) protection of the secrecy of electronic communications, in accordance with this Law and 
the law governing the confidentiality of data, protection of personal data and protection 
unpublished data; 
5) exercise of other rights, in accordance with the law. 
General terms of service 
Article 148 
(1) The operator is obliged to provide electronic communication services under the established 
conditions and prices. 
(2) The operator is obliged to publish information on prices, tariffs and general 
conditions for the provision of electronic communications services. 
(3) The manner of publishing the information referred to in paragraph 2 of this Article shall be prescribed by the Agency. (4) The operator is obliged to determine clear and unambiguous general conditions of provision 
services, containing in particular: 
1) name and seat of the operator; 
2) type, description and quality of services it provides; 
3) manner and conditions for establishment, duration, transfer, extension, termination and 
termination of the subscription contract, including fees for termination of the contract before expiration 
the term for which the contract was concluded; 
4) the subscriber's right to limit consumption; 
5) data on the possibility of calling the single European number "112" and others 
emergency service numbers free of charge, on the possibilities of providing location data 
the caller, as well as the call restrictions on those numbers; 
6) provisions on fees and refunds in cases when it is not 
fulfilled the agreed level of service quality or when the operator did not enable it by mistake 
use of services; 
7) provisions on the manner of initiating the procedure for resolving complaints and decision-making 
upon complaints of service users, including procedures for resolving disputes referred to in Article 
163 of this law; 
Page 62 
8) measures to be implemented in case of non-payment of debts for provided services, 
as well as the deadline within which these measures are implemented; 
9) provisions on the procedure in case of non-payment of debts for provided services; 
10) the procedure for concluding a contract by means of distance communication, 
as well as contracts concluded outside the business premises of the operator, which must contain 
provisions in accordance with the law governing electronic signatures and consumer protection. 
(5) The operator must not: 
1) condition the use of one service by using another service; 
2) determine the right to keep the funds paid by the subscriber who has given up 
conclusion or execution of the contract, where the same right is not established for the user if 
the operator withdraws from concluding or executing the contract; 
3) oblige the subscriber to pay a high penalty disproportionate to the actual damage in 
in case of non-performance of the contractual obligation; 
4) determine the right to determine the amount of the price of the service at the time of provision or increase 
the price of the service without determining the subscriber's right to terminate the contract if the final price 
greater than originally agreed; 
5) require users of their services to pay the costs incurred from the call and 
communications that did not result in the user's access to the desired service; 
6) require users of their services to pay the costs incurred from the call and 
communication, if it is determined that the costs were incurred as a result of insufficient security 
networks; 
7) oblige the subscriber to perform all contractual obligations, regardless of that 
whether the operator has fulfilled its contractual obligations; 
8) include in the price of the service the costs of network reconstruction. 
Consent and publication of general conditions 
Article 149 
(1) The operator is obliged to submit the general conditions referred to in Article 148, paragraph 4 of this Law Agency for approval, 30 days before the start of their application. 
(2) In the procedure of giving consent, the Agency shall assess the compliance of the general conditions with 
by this law. 
(3) The Agency shall, within 15 days from the day of receipt of the general conditions, 
assess their compliance with the law. 
(4) The operator is obliged to provide the general conditions for the provision of services, upon receipt 
consent referred to in paragraph 3 of this Article, publish on its website and in at least two 
daily print media distributed on the territory of Montenegro, as well as to make them 
available, free of charge, at the request of the user in printed form in their branches 
or in another appropriate manner. 
Price list of services 
Article 150 
(1) The operator is obliged to, before the beginning of application, publish the price list of services which 
provides on its website and makes it available to users in its branches. 
(2) The price list of services referred to in paragraph 1 of this Article shall contain the prices of individual services, packages services, additional services, access fees, as well as the method of billing services. 
Page 63 
(3) The prices referred to in paragraph 2 of this Article shall be stated with the added tax included 
value, provided that this tax is reported separately for each service. 
(4) The operator is obliged to submit the price list of services to the Agency for at least eight days 
before publishing it on its website. 
(5) The price list referred to in paragraph 4 of this Article shall be published by the Agency on its website. 
(6) The Agency shall link to the website on its website 
price list of operator services, in order to enable users to perform, free of charge 
an estimate of the costs arising from publicly available prices of public electronic 
communication services. 
Subscription agreement 
Article 151 
(1) Mutual rights and obligations of public electronic operators and subscribers 
communication services are regulated by a subscription contract, which is concluded in writing 
forms. 
(2) The subscription contract shall contain in particular: 
1) name and address, ie name and seat of the operator and subscriber; 
2) terms and conditions for connection of subscriber terminal equipment; 
3) technical characteristics of terminal equipment offered by the operator to the user and 
detailed instructions for the use of that equipment in the Montenegrin language; 
4) services, which include in particular: 
- the possibility of calling emergency services and the possibility of providing information on 
caller location, as well as restrictions related to emergency services, 
- information on conditions restricting access to and / or use of services or 
application, in accordance with the law, 
- minimum offered levels of service quality, in accordance with the regulation 
Agencies on service quality parameters, 
information on the procedures applied by the operator for measurement, and 
traffic management to avoid network congestion, as well as mode information 
which these procedures may affect the quality of services, 
- offered types of maintenance services and customer support services that 
the operator provides, as well as ways to contact these services, 
- operator restrictions on the use of terminal equipment; 
5) the minimum speed of broadband Internet access, which cannot be lower 
of half the maximum speed of Internet access for fixed electronic operators 
communication networks, and for mobile electronic communication network operators 
the conditions under which the offered speed of broadband access is realized are stated 
internet; 
6) prices and manner of tariffing services at the time of concluding the contract; 
7) the manner of informing about prices and the manner of tariffing services, costs 
maintenance, as well as the methods of payment offered and the difference in costs due to the method 
payments; 
8) possibility of relocation and temporary disconnection of subscriber terminal equipment; 
9) measures to be applied in case of non-payment of services, abuse 
calls for emergency services, harassment of other users and security breaches and 
the integrity of the electronic communications network; 
Page 64 
10) the manner of refunding funds to the subscriber for services that were not performed in 
in accordance with the agreed quality and offered conditions; 
11) manner of resolving disputes; 
12) the manner of informing the subscriber about the accession to the changes of the conditions determined 
in the contract and the manner of exercising the subscriber's right to terminate the contract; 
13) the possibility of changing and canceling the user package for which it was concluded 
contract, with the consent of the user and with the obligation of the operator to offer the user another package 
similar features or a more affordable package; 
14) duration of the subscription contract, conditions for its extension, 
changes or termination, in particular: 
- the minimum period for which the contract is concluded, in order to use the benefits 
promotional offers, 
- fees paid for number portability, 
- fees payable in case of termination of the contract before the expiration of the contract, 
including terminal equipment fee; 
15) prohibition of the end user to perform the activity of electronic communications, 
that is, to expand the service provided to him on the basis of a subscription contract to others 
users; 
16) rights and obligations related to the entry and deletion of personal data 
subscribers to the operator directory; 
17) the type of measures that the operator can take in response to security 
incidents and incidents that compromise network integrity or pose a security threat i 
network integrity. 
Duration of the contract and obligations in case of termination 
Article 152 
(1) A subscription contract concluded for a definite period of time may not be concluded on 
period longer than two years. 
(2) The operator is obliged to offer subscription contracts for a maximum duration 
of one year. 
(3) The Subscriber has the right to terminate the Subscriber Agreement at any time. 
(4) The subscription contract determines that the subscriber, who terminates the contract before 
upon the expiration of the period for which the contract is concluded, he is obliged to pay a monthly fee for the remaining ones the period for which the contract is concluded or a fee in the amount of a discount on products and services that is realized, if the payment of that fee is more favorable for the subscriber, except in the case when 
the operator is not able to fulfill the contractual obligations, as in the case referred to in paragraph 6 of this 
member. 
(5) The operator is obliged to, at least 30 days before any changes in conditions 
determined by the subscription agreement, on the change, obligatorily in writing, in a clear, visible and 
unambiguously, as well as via SMS when possible, notify your subscribers. 
(6) The subscriber may terminate the subscription contract within the period referred to in paragraph 5 of this Article, without paying the fee referred to in paragraph 4 of this Article and without applying the agreed notice period, if the changes are less favorable in relation to the agreed general conditions and prices. 
(7) The operator may limit the terminal equipment to work within its own network 
only if the subscriber takes the equipment from the operator with the conclusion of the subscriber 
contracts with a minimum duration. 
Page 65 
Obligations of the operator and the Agency 
Article 153 
(1) The operator is obliged to, upon expiration or in case of premature termination 
subscription agreement, at the request of the subscriber, free of charge and without delay, enable 
further use of terminal equipment in other networks. 
(2) The possibility referred to in paragraph 1 of this Article shall also be provided to users in advance 
paid services (pre-paid) after 12 months of using the service with the submission of evidence of 
purchase of terminal equipment. 
(3) The operator is obliged to pay for a standard subscription contract for each of the services 
electronic communications offered by the operator before the start of the provision of services 
obtain the consent of the Agency. 
(4) The Agency is obliged to, within 15 days from the day of receipt of the standard 
subscriber contract, assess the compliance of the contract with this law. 
(5) A subscription contract may be concluded using the means of communication at 
distance, as well as outside the business premises of the operator, in accordance with the laws governing 
electronic signature and consumer protection. 
(6) The operator is obliged to, in case of unauthorized alienation or abuse 
terminal equipment of the user, allow the user to verify the identity of the international 
mobile equipment (IMEI number) and, at the request of the user, to disable the use of that equipment in 
his network. 
Connection of terminal equipment 
Article 154 
(1) The operator is obliged to execute a justified request of the user for connection of radio or 
telecommunication terminal equipment, if the equipment meets the prescribed conditions established 
by law. 
(2) The user of services may not connect to the public electronic communication network 
connect radio or telecommunication terminal equipment that does not meet the requirements of the article 
126 of this law. 
(3) The operator may enable the subscriber to pay a fee for connection to the public 
pays for the electronic communications network in installments. 
(4) The operator is obliged to provide users who are persons with reduced mobility and 
persons with disabilities, within the objective technical possibilities: 
1) ensure unhindered access to its services, including unhindered 
access to emergency numbers and the single European number "112"; 
2) enable the availability of appropriate terminal equipment; 
3) regularly inform about all the characteristics of the services that are intended for him 
user groups; 
4) provide priority in gaining network access, as well as in eliminating 
failures. 
(5) It shall prescribe more detailed conditions for the realization of benefits referred to in paragraph 4 of this Article Ministry, with the consent of the state administration body responsible for social affairs 
aging. 
Page 66 
Quality of service 
Article 155 
(1) The operator is obliged to provide public electronic communication services 
of prescribed quality. 
(2) Quality parameters, manner of their measurement and publication and deadlines for their 
delivery, in accordance with best practice and common and technologically guaranteed 
quality of standard equipment, prescribed by the Agency. 
(3) In order to prevent a reduction in the quality of services or interference and deceleration 
traffic through networks, the Agency may prescribe conditions of minimum quality of services. 
(4) For the purpose of filing an objection to the agreed speed of Internet access in 
fixed electronic communication network, the Agency will make it available to users 
measuring internet access speed. 
(5) The operator is obliged to submit data on the quality of services it provides to the Agency 
within the deadlines determined by the regulation referred to in paragraph 2 of this Article and to publish them on its Internet page. 
(6) The data referred to in paragraph 5 of this Article shall be published by the Agency as a comparative review quality parameters for the same type of service with different operators. 
Consumption limitation and control 
Article 156 
(1) The operator is obliged to, at the request of the user, provide a free restriction 
spending for the accounting period. 
(2) The operator is obliged to provide a free ban at the request of the user 
outgoing calls to a specific number or group of numbers, or barring of sending or 
receiving SMS and multimedia messages (hereinafter: MMS) on certain or with 
certain types of numbers. 
(3) A subscriber who requests more than twice during a calendar year 
activation of services from para. 1 and 2 of this Article is obliged to pay a fee to the operator, the amount of which determined by the Agency, appropriate to the actual costs of the operator. 
(4) The operator is obliged to, if there is a technical possibility, enable the users 
ban on access to numbers and Internet addresses through which content that is not 
intended for children. 
(5) The operator is obliged to keep and maintain records of numbers and internet addresses via 
accessing content that is not intended for children and to share information with others 
operators. 
(6) The Agency may order operators to provide subscribers with payment for 
access to the public electronic communications network and for the use of publicly available ones 
telephone services on a pre-paid basis. 
Consumption status notification 
Article 157 
(1) The operator is obliged to deliver free notifications to subscribers via 
phone call or SMS, if there is a consumption that is above the average consumption 
subscribers for the last three months and to keep records of the notifications submitted. 
Page 67 
(2) The operator is obliged to, upon request, submit the current status to the subscriber 
consumption, not older than six hours, and for communication recorded in the roaming-in in 
last 24 hours. 
Call divert 
Article 158 
(1) The operator is obliged to, upon request, provide the subscriber with simple and 
free establishment of a call forwarding service to any number in your own 
networks or networks of another operator. 
(2) The costs of diverted calls shall be paid by the subscriber who activated the service. 
(3) If it refuses to perform the diversion referred to in paragraph 1 of this Article, the operator is obliged 
to provide the subscriber with a written notice explaining the reasons for the refusal, in 
within eight days from the date of receipt of the request. 
(4) The operator is obliged to provide the subscriber, free of charge, in a simple manner 
enable the prevention of automatic call forwarding by third parties to 
its terminal equipment. 
Calculation of public electronic communication services 
Article 159 
(1) The operator is obliged to, in order to accurately calculate the provided service, accurately register 
information on the service provided. 
(2) The verification of the accuracy of the registered data shall be performed in accordance with the law which regulates the system of measuring units and the procedures for assessing the conformity of measuring instruments with 
prescribed requirements. 
(3) To measure the scope of publicly available electronic communications 
the service operator uses units of measurement in accordance with the law governing the system 
units of measurement in Montenegro. 
(4) The operator is obliged to include in the offer of services at least one package in which it will 
to use the realized volume of traffic for the calculation of provided services and to calculate the volume 
of the realized call uses the unit time interval of one second (1s), and for the calculation 
the amount of transmitted binary data per unit of calculation one kilobyte (1kB). 
(5) The provision of paragraph 4 of this Article does not exclude the possibility of the operator to bid 
the service also includes packages with a different calculation of the realized traffic volume. 
(6) The price of the package referred to in paragraph 4 of this Article may not differ from the prices of others 
operator package. 
(7) The provided service is calculated exclusively on one basis. 
Number retention 
Article 160 
(1) The subscriber of public telephone services has the right to keep his number at: 
1) change of operator in accordance with Art. 139 and 141 of this law; 
2) geographical change of the terminal point of the network within the same network group, 
if there is a technical possibility of connection to the network; 
3) change the service. 
(2) The right referred to in paragraph 1 of this Article shall be exercised at the request of the subscriber. 
Page 68 
Directory and information 
Article 161 
(1) Subscribers of publicly available telephone services have the right to their personal 
the data will be entered in the operator directory. 
(2) Operators are obliged to establish, publish and update the directory of subscribers publicly 
available telephone services, except for subscribers who requested a ban in writing 
entering your data in the directory. 
(3) The operator is obliged to provide subscribers, free of charge, with information on: 
the scope and purpose of the data entered in the directory before its publication, possibilities 
use of their personal data, the minimum and maximum number of data that are 
can be entered in the directory, as well as the right to enter data according to personal choice to the extent 
which is consistent with the purpose of the directory, the subscriber's right to make changes, additions or deletions their personal data from the directory. 
(4) Prohibition of entering data in the directory of operators used for their 
identification and communication cannot be required by legal entities. 
(5) The directory is issued in electronic form. 
(6) Operators are obliged to make the data from the directory easily accessible to all 
users, through the publicly available information service of the operator, by telephone 
calls or SMS. 
Invoice for services provided 
Article 162 
(1) The operator is obliged to provide users with insight into the registered data on 
provided services, ie to issue, free of charge, an invoice for the provided services, in accordance 
with Article 147 paragraph 3 item 3 of this law. 
(2) Invoice referred to in paragraph 1 of this Article for publicly available telephone services on a fixed basis 
location must contain the following information: billing period, connection fee, subscription, 
the type and amount of other one-off payments in the accounting period relating to 
the provision of the service for which the invoice is issued, the type and amount of other monthly lump sums or multiple non-periodic payments, number and duration of calls, unit price billing 
units, amount, separately for local traffic calls, long distance calls 
traffic, calls in international traffic, calls to mobile public 
networks, calls to value-added service numbers and calls to transmission 
data, the type and amount of other services provided and the total amount of the invoice. 
(3) The provision of paragraph 2 of this Article shall accordingly apply to other publicly available ones 
electronic communication services. 
(4) The invoice referred to in paragraph 2 of this Article shall not contain calls to free telephone numbers 
numbers, including emergency numbers. 
(5) The operator is obliged to, upon request, issue a more detailed invoice to the subscriber 
(listing), at least once a month, free of charge. 
(6) The itemized account (listing) referred to in paragraph 5 of this Article shall contain in particular: date and time establishment of communication, source and destination of communication (called and calling number), 
duration of communication and amount of data transferred. 
Page 69 
(7) The operator is obliged to provide the data from the account referred to in para. 1 and 5 of this article act in in accordance with the laws governing the confidentiality of data, protection of personal data and 
protection of unpublished data. 
Objection and appeal 
Article 163 
(1) The user has the right to complain to the operator about the access and quality of services and 
to the account for services rendered. 
(2) The user submits an objection to the access and quality of services to the operator after 
finding irregularities, without delay, and objecting to the service bill within eight 
days from the date of receipt of the invoice, in writing. 
(3) The operator is obliged to decide on the complaint referred to in paragraph 2 of this Article within eight 
days from the date of receipt of the complaint and deliver to the user a reasoned decision, in writing 
'
                      
Article, the user has the right to within 15 days from the expiration of the period referred to in paragraph 3 of this 
member, submits a complaint to the Agency, in writing. 
(5) The Agency shall decide on the appeal referred to in paragraph 4 of this Article within 30 days from the day 
receiving an appeal. 
Subscriber service limitations 
Article 164 
(1) The operator may restrict access to its services, ie subscribers 
exclude and terminate the subscription contract, if it has not settled the due obligations or has violated it 
other conditions determined by the subscriber contract, as well as in the case of harassment of others 
users and misuse calls by emergency numbers. 
(2) When determining the violation of the obligation from the subscription contract, the operator is 
obliged to warn the subscriber in a reliable manner and set an appropriate deadline for elimination 
irregularities, ie to settle receivables and state the measures to be taken if 
the subscriber does not act upon the warning within the set deadline. 
(3) The Operator is obliged, upon the order of the Agency, to restrict access to its services, 
that is, disconnect the subscriber and terminate the contract with the subscriber who organizes games on 
happiness over the Internet without the approval of the governing body responsible for games of chance. 
(4) The operator is not obliged to inform the subscriber in advance about the implementation of measures 
from Art. 2 and 3 of this Article, if the injury poses a serious threat to safety and health 
people or violates the security and integrity of the network. 
(5) The measures referred to in paragraph 4 of this Article shall be determined by the general conditions for the provision of services. Unilateral termination of the contract 
Article 165 
(1) If the user has filed a complaint or appeal referred to in Article 163 of this Law, 
the operator may not take the measures referred to in Article 164 paragraph 1 of this Law until the final decision 
Agencies, if the subscriber has paid the undisputed part of the bill or the corresponding amount within the deadline 
the average value of the last three monthly bills. 
Page 70 
(2) Until the final decision of the Agency, the operator is obliged to continue providing 
customer service and provide access to and use of emergency numbers and toll free numbers 
customer service. 
(3) If the subscriber has not paid the undisputed part of the invoice within the set deadline or continues to 
acts contrary to the provisions of the subscription agreement or does not act according to the final decision 
Agency, the operator permanently excludes the subscriber, ie terminates the provision of all services 
subscriber. 
(4) The subscription contract is from the moment of disconnection, ie termination of provision 
the service referred to in paragraph 3 of this Article shall be considered unilaterally terminated. 
(5) From the moment of termination of the provision of services referred to in paragraph 4 of this Article, the operator has the right to require the subscriber only to pay receivables incurred in the period up to 
termination of the subscription agreement. 
Temporary restriction or interruption of services 
Article 166 
(1) The operator may, without the consent of the user, temporarily restrict, ie 
terminate access to its services, when necessary to eliminate interference, regular 
network maintenance and development. 
(2) In the case referred to in paragraph 1 of this Article, the operator is obliged to notify o 
temporary restriction, ie interruption of access to the publication services, one day 
in advance, in the media and delivery to the Agency, as well as emergency services, 
if it affects their work. 
(3) The operator is obliged to restrict or terminate access to services 
longer than six hours directly inform users, in an appropriate manner. 
(4) In case of restriction, ie interruption of the service referred to in paragraph 1 of this Article, the operator 
is obliged to reduce the monthly subscription to the user, in proportion to the duration of the restriction, 
that is, service interruption. 
The right to compensation 
Article 167 
(1) The operator is obliged to determine the amount and manner of compensation of the subscriber, if 
its services in terms of quality and availability deviate from certain conditions 
subscription agreement. 
(2) The Subscriber has the right to request payment of direct or indirect from the operator 
loss resulting from poor quality of service delivery or restricted access 
network or service. 
(3) The operator is not obliged to compensate the subscriber, if the quality of provision is poor 
service or network or service access restrictions occurred due to circumstances to which the operator did not 
could affect. 
Page 71 
XI. PROTECTION OF ELECTRONIC COMMUNICATIONS 
Security and integrity of electronic communications networks and services 
Article 168 
(1) The operator is obliged to take appropriate technical and organizational measures 
to ensure the integrity of its network, as well as to protect security, ie 
continuous provision of its services, and with other operators the measures necessary for its operation 
security protection of electronic communications networks and services. 
(2) The measures referred to in paragraph 1 of this Article shall be determined in accordance with the degree of danger for 
network security by applying available technical and technological solutions and appropriately 
the cost of these measures. 
(3) The measures referred to in paragraph 1 of this Article shall be implemented in particular in order to prevent and 
reducing the impact of security incidents on service users and related electronic 
communication networks, in particular to ensure the security of services and the protection of users 
from malicious activities, electronic sabotage, third party fraud and abuse of any kind 
species. 
(4) In case of degree of danger for network security higher than the scope of protection of measures 
referred to in paragraph 1 of this Article, the operator is obliged to inform the users of its services, as well 
and on the measures available to eliminate the hazards and / or their consequences, including 
possible costs of these measures. 
(5) The measures referred to in paragraph 1 of this Article shall in particular: 
1) ensures that personal data can be accessed only by authorized persons, in 
purposes permitted by law; 
2) protect transferred or stored personal data from accidental or illegal 
destruction, loss or alteration, as well as unauthorized or illegal storage, processing, 
access or disclosure; 
3) ensures the application of security policy in relation to the processing of personal 
data. 
(6) On personal data collected by the operator by applying the measures referred to in paragraph 1 of this Article 
the provisions of the law governing the confidentiality of data, protection of personal data and 
protection of unpublished data. 
Implementation of measures 
Article 169 
(1) The operator is obliged to designate a person responsible for the implementation of measures referred to in Article 168 
st. 1 and 4 of this law. 
(2) The Agency and the body responsible for personal data protection may monitor 
implementation of measures referred to in paragraph 1 of this Article, as well as to provide guidelines for implementation 
appropriate degree of security. 
(3) The Operator is obliged to, without delay, inform the Agency in writing about 
breach of security or loss of integrity from a significant impact on the operation of its networks or 
providing his services. 
(4) In the case referred to in paragraph 3 of this Article, the Agency may inform the public or order 
the operator to inform the public of a breach of security or loss of network integrity, if 
determines that the notification is in the public interest. 
Page 72 
(5) For the purpose of implementing the measures referred to in Article 168 para. 3 and 4 of this Law Agency 
operators may order: 
1) submission of data necessary for the assessment of their security and integrity 
network and services, including security policy documents; 
2) that on measures for supervision of networks and services of the administrative body of the competent authority 
for the prevention and protection of security risks of information systems or other administrative bodies 
competent in the field of computer crime shall notify the Agency. 
(6) Manner and deadlines for implementation of measures referred to in Article 168 para. 3 and 4 of this law 
prescribed by the Agency. 
Notification and recording of personal data breaches in electronic 
communications 
Article 170 
(1) The operator is obliged to, without delay, inform the Agency and the body responsible for 
protection of personal data on violation of personal data or violation of user privacy. 
(2) The notification referred to in paragraph 1 of this Article shall in particular state the description of the consequences 
violations occurred, as well as proposed or taken measures to eliminate the causes of the injury. 
(3) The operator is obliged to, without delay, inform the user if personal injury 
data may adversely affect the personal data or privacy of the user. 
(4) The notification referred to in paragraph 3 of this Article must contain a description of the nature of the violation 
personal data, with referral of the user to the authorized person of the operator where they can be 
get more detailed information, as well as a proposal of measures to mitigate the negative consequences of personal injury 
data. 
(5) The operator is obliged to keep records of personal data violations, which it contains 
information on the cause of the personal data breach, the consequences of the breach and the actions taken 
protection measures. 
(6) The data from the records referred to in paragraph 5 of this Article may be used only for purposes 
recording personal data breaches. 
Notification by order of the competent authority 
Article 171 
(1) The operator is not obliged to inform the user about unauthorized personal access 
data referred to in Article 170, paragraph 1 of this Law, if the Agency gives an opinion that it is an operator, on 
satisfactorily, applied appropriate technical protection measures, which are personal 
made the data incomprehensible to the unauthorized person and to give notification 
no user required. 
(2) The Agency shall, before giving the opinion referred to in paragraph 1 of this Article, consult 
authority responsible for personal data protection. 
(3) The Agency, in cooperation with the body responsible for personal data protection, shall monitor 
implementation of the operator's obligation to provide the notification referred to in Article 169 paragraph 3 
of this law and takes appropriate measures in case of non-fulfillment of these obligations. 
(4) The Agency, in cooperation with the body responsible for personal data protection, in 
in accordance with Article 169 para. 3 and 4 of this law, may prescribe in more detail the cases in which it is 
the operator is obliged to provide notification of personal data breach, as well as the form, content and 
deadlines for giving the notification referred to in Article 170, paragraph 1 of this Law. 
Page 73 
Confidentiality of communications 
Article 172 
(1) Confidentiality of communications, in terms of this Law, refers to: 
1) content of communication; 
2) user data; 
3) data on traffic and locations related to communications; 
4) unsuccessful establishment of communication. 
(2) It is prohibited to listen to, eavesdrop on or store content and data on 
communication, ie its interruption or supervision by other persons, without the consent of the user 
and communications. 
(3) Technical storage or access to content or data on 
communication, without the consent of the user of that communication, if the sole purpose is to be performed 
data transmission via a public electronic communications network or in case of need to 
at the request of the user, the operator provides this service. 
(4) Exceptionally, the actions referred to in paragraph 2 of this Article may be undertaken only if they are 
necessary, appropriate and proportionate to the measures of protection of national security, 
defense, as well as to prevent the commission of a criminal offense, investigation, detection and criminal 
prosecution of perpetrators of criminal acts and unauthorized use of electronic systems 
communications, as well as in cases of assistance in searching and rescuing people and when 
it is necessary to protect the life and health of people and property, in accordance with the law. 
(5) Use of public electronic communications networks for storage and access 
data and information stored on the user's terminal equipment is allowed 
provided that the user has given his consent, after being informed of the purpose 
data processing and storage. 
(6) The user whose personal data are processed may revoke the consent referred to in paragraph 5 of this 
member at all times. 
Deadline for data storage and communication recording 
Article 173 
(1) Operators, their representatives, representatives and other persons employed by the operator 
they are obliged to protect the confidentiality of communications even after the cessation of activities, ie 
termination of employment during which they were required to protect confidentiality. 
(2) Users may record communications, of which they are obliged to inform 
the sender or receiver of communications or to adjust the functioning of the recording means 
to notify the sender or recipient of communications about the recording. 
(3) The prohibition referred to in Article 172, paragraph 2 of this Law shall not apply to recording 
communication and related traffic data used for the purpose of proving 
on commercial transactions or other business communications, upon express request 
users or as part of the work of emergency services that receive calls in distress for their sake 
registration and identification. 
Subscriber data 
Article 174 
(1) The operator is obliged to, without delay, register subscribers of fixed services 
telephony and users of all mobile telephony services ( post-paid and pre-paid ), as well as the Internet. 
Page 74 
(2) The registration referred to in paragraph 1 of this Article shall include the recording of the following data on 
subscribers: name and surname, ie the name of the company that is the user and his 
organizational form; ID card or passport number for individuals and tax and registration number for 
Legal entities; subscriber address and assigned subscriber number, ie identification (ID) 
subscribers. 
(3) At the request of the subscriber, the operator may also record the following data: 
academic, scientific or professional name of the subscriber and the activity of the subscriber and other data, 
with compensation, if this does not harm the interest of third parties. 
(4) The operator may use the data on the subscriber only for the purpose of registration, 
preparation, conclusion, execution, amendment or termination of the subscription agreement, 
billing for services and for the needs of the competent state bodies, in accordance with the law. 
(5) Data from para. 2 and 3 of this Article may be used for the purpose of establishment and management 
directory of subscribers and for other purposes, only with the express consent of the subscriber whose 
the data are processed, with the obligation of the operator to make a correction at the request of the subscriber 
his personal data and the subscriber's right to revoke the given consent in each 
moment. 
(6) The operator is obliged to keep the recorded data for the duration 
subscriber relationship and at least one year from the date of termination of service. 
(7) Manner of registration of users of public electronic communications network services 
prescribed by the Ministry. 
Traffic data 
Article 175 
(1) Processed and stored traffic data, related to subscribers or 
users, the operator is obliged to delete or change them in such a way that they cannot be connected 
with a specific person (unnamed data), when they are no longer for the purpose of transmitting communications 
necessary even if there is no obligation to retain that data from Article 181 of this Law. 
(2) Traffic data, which are used to calculate the costs of public electronic 
communication services of subscribers or users of these services, as well as interconnection costs, 
they can be processed only until the occurrence of the statute of limitations, with informing the user about 
purpose and deadlines of data processing. 
(3) The operator may, for the purpose of promotion and sale of electronic communications services or 
providing value-added services, to process data in scope and duration 
necessary to promote and sell or provide those services, provided it has a prior 
consent of the subscriber or user to whom the data relates. 
(4) The subscriber or user has the right to give the consent referred to in paragraph 3 of this Article in each 
the moment of revocation. 
(5) Traffic data processing, in accordance with para. 2 and 3 of this article, must be 
limited to persons employed and / or authorized by the operator concerned 
charging for services or traffic management, consumer issues, disclosure 
fraud, by promoting public electronic communications services or by providing services with 
added value and must be limited to what is necessary for the purposes 
such activities. 
(6) For the purposes of resolving disputes, in particular interconnection disputes or 
charging for services, operators are obliged to provide information on traffic data from para. 
1, 2, 3 and 4 of this Article, in accordance with special regulations, shall be made available to the competent authorities 
organs. 
Page 75 
(7) The operator is obliged to inform the subscriber or user about the type of data on 
traffic being processed, as well as the duration of processing for the purposes referred to in paragraph 2 of this Article, a 
for the purposes referred to in paragraph 3 of this Article, before obtaining consent. 
Display number 
Article 176 
(1) The operator who offers the display of the calling number is obliged to enable it 
to the service user, who made the call, a simple and free ban on showing 
the area code for each individual call or for all calls. 
(2) The operator who offers the display of the calling number is obliged to enable it 
a simple and free ban on displaying the calling number to the invited subscriber 
for incoming calls, with reasonable use of this feature. 
(3) The operator referred to in paragraph 1 of this Article, where the calling number is displayed before 
establishing a call, is obliged to provide the called subscriber an easy way 
rejection of incoming calls in the case when the display of the calling number is prohibited 
the subscriber or service user who made the call. 
(4) The operator that offers the display of the number to which the diversion was performed is obliged 
is to allow the invited subscriber a simple and free ban on displaying the number 
to which the calling user is redirected. 
(5) The provisions of para. 1, 2 and 3 of this Article shall apply to both incoming and outgoing calls 
towards other states. 
(6) Operator offering the display of the calling number and / or the number to which it was made 
the diversion shall, in an appropriate and publicly available manner, inform the public about 
services and opportunities from para. 1, 2, 3 and 4 of this Article. 
(7) The operator may limit the possibility of prohibiting the display of the calling number 
: 
1) temporarily, on a request from a user seeking to be traced 
harassing or malicious calls, whereby the operator will provide identification information 
the user who invites to process, store and make available, in accordance with the special 
by law; 
2) at the request of the competent state authorities, including emergency services, works 
processing location data, as well as responding to those calls without consent 
users; 
3) at the request of the competent authority, for the purpose of processing and retaining data on 
identification, and in accordance with Art. 181 and 182 of this law. 
Location information 
Article 177 
(1) Location data, which are not traffic data, may be processed by the operator 
when that information is altered in such a way that it cannot be linked to a particular person 
(unnamed data) or with the consent of the user, in the manner and for the time necessary 
to provide value-added services. 
(2) Before obtaining the consent referred to in paragraph 1 of this Article, the operator is obliged to provide the user 
get acquainted with the type of location data that will be processed, which are not data on 
traffic, the duration of processing and the possibility of transfer to third parties. 
Page 76 
(3) The operator is obliged to enable users to cancel at any time 
consent to data processing. 
(4) To the user who has given consent for the processing of location data, which are not and 
traffic data, it must be left possible to easily and free of charge 
temporarily refuses to process this data during each connection to the communication 
network or any content transfer. 
(5) They may process location data, which are not traffic data 
only persons authorized by the operator or a third party providing value - added services and 
must be limited to the minimum necessary to provide the services with the added 
value. 
(6) Exceptionally from para. 1 to 5 of this Article, the operator is obliged to keep the data on 
location referred to in Article 181 of this Law for the needs of the competent state authorities. 
Unwanted communications 
Article 178 
(1) Use of automatic voice devices, without human intervention (call 
vending machines), fax machines or e - mails, including SMS or MMS for calls to 
to the user, for direct marketing, is allowed only with previously obtained 
user consent. 
(2) Legal or natural person, regardless of the consent of the user referred to in paragraph 1 of this Article, 
The contact email information you receive from your customers can be used for work 
advertising and sales of products and services, provided that it has enabled the customer to, on 
easy way and free of charge, to remark or refuse to use your electronic 
contact information for these purposes, during their collection or when obtaining each 
messages, in case the user has not previously refused such use of data. 
(3) It is not allowed to send e-mails for advertising or encouragement 
the recipient to visit websites that are misrepresented or disguised 
the identity of the sender or without the exact address to which the recipient can send a request to be with 
that communication ceases. 
(4) The operator is obliged to enable the users referred to in paragraph 3 of this Article to make a selection 
incoming emails that contain unsolicited emails or harmful content, on 
quick and easy way. 
Unsolicited communications through the misuse of e-mail 
Article 179 
(1) The operator is obliged to publish the address in an appropriate and publicly available manner 
email to report abuse and to respond to any complaints regarding 
misuse of e-mail, within eight days from the date of receipt of that complaint 
via email. 
(2) The operator is obliged to oblige its subscribers to 
ban the sending of unsolicited electronic messages, including SMS or MMS in accordance with 
Article 178 of this Law and paragraph 1 and para. 3 to 6 of this article, as well as to undertake 
appropriate measures to prevent misuse of the user email account. 
(3) When the operator receives proof that the subscriber has sent an unsolicited electronic 
message or that the user account of the e-mail has been misused, he is obliged to establish 
factual situation and, depending on the degree of abuse, warn the subscriber or 
Page 77 
temporarily disable the use of a user email account about what, without 
delay, notifies the subscriber in writing. 
(4) If the subscriber repeats the violation of the obligation referred to in paragraph 2 of this Article 
subscription agreement, the operator has the right to permanently delete the subscriber's user 
e-mail account and terminate the subscription agreement, in accordance with the provisions of that 
contracts and general terms of service. 
(5) The provisions of para. 2, 3 and 4 of this Article shall not apply to the subscriber for whom they are 
determines that the corresponding user email account has been misused 
caused by a third party, unless the subscriber has not complied with 
operator warnings to take protective measures. 
(6) Closer conditions and manner of prevention and suppression of abuses and fraud in the provision of 
e-mail services, including SMS or MMS, as well as the fulfillment of obligations of the operator 
and the subscriber is prescribed by the Agency, in cooperation with the body responsible for personal protection 
data. 
Interception of communications 
Article 180 
(1) The operator is obliged to provide the necessary technical and 
organizational conditions that enable the interception of communications, in accordance with Article 
172 paragraph 4 of this Law, as well as to prove that he provided those conditions to the Agency. 
(2) The operator is obliged to provide conditions for interception of communications referred to in paragraph 1 
of this Article by order of the competent state body, in accordance with the law. 
(3) The operator is obliged to, together with the competent state body according to whose 
the request is made on the basis of law interception of communications, provide permanent 
records on that measure and to keep the collected data referred to in paragraph 2 of this Article as official 
secret. 
(4) It shall prescribe the necessary technical and organizational conditions referred to in paragraph 1 of this Article 
The Ministry, with the consent of the state bodies in charge of internal affairs and 
security. 
(5) An operator that performs technical and software upgrades in its network or 
implementation of new electronic communication services that have an impact on the law 
interception of communications is obliged to notify about that upgrade or implementation 
interception authorities, at least six months before upgrading their network, 
that is, the implementation of new services. 
Obligation to retain data 
Article 181 
(1) The operator is obliged to keep certain data on traffic and location, as well 
and relevant data necessary for identification and registration of subscribers - legal and 
natural persons, to the extent that they have generated or processed that data, for the purposes of defense and 
national security, as well as to prevent the commission of a criminal offense, investigation, 
detecting and prosecuting perpetrators of criminal offenses and providing assistance in the search and 
rescue of people, protection of life and health of people and property, in accordance with the law. 
(2) The obligation to retain the data referred to in paragraph 1 of this Article shall also apply to the data on 
failed calls, if this data is generated and processed by telephone services or 
recorded with internet service providers. 
Page 78 
(3) The obligation referred to in paragraph 1 of this Article shall not apply to the data they disclose 
content of electronic communication. 
(4) The operator is obliged to, in its network, at its own expense, provide the necessary 
technical and organizational conditions that enable the competent state bodies 
retrieving retained traffic and location data as well as relevant data 
required to identify and register subscribers. 
(5) The period of retention of data referred to in paragraph 1 of this Article may not be shorter than six 
months not longer than two years from the date of communication. 
(6) The operator is obliged to report on the data submitted to the competent authority, without 
stating personal data, cases of delays in delivery, as well as requests for 
submission of data that could not be performed, keeps records and statistics 
on an annual basis. 
(7) Necessary technical and organizational conditions referred to in paragraph 4 of this Article and permitted 
delay from receipt of the request to transfer of retained data to the competent authority 
prescribed by the state administration body in charge of internal affairs. 
Categories of data to keep 
Article 182 
(1) The obligation to retain the data referred to in Article 181 of this Law shall include the following 
types of data required for: 
1) monitoring and determining the sources and destinations of communication; 
2) determining the location of communication participants; 
3) determining the date, time and duration of communication; 
4) determining the type of communication; 
5) determining the communication equipment of the user or the equipment used in 
the purpose of communication; 
6) determining the location of mobile communication equipment. 
(2) More detailed categories of data referred to in paragraph 1 of this Article shall be determined by a regulation of the Government. Security of retained data 
Article 183 
(1) The operator is obliged to: 
1) ensure that retained data are of the same quality and degree of security 
and protection as appropriate online data; 
2) provide appropriate technical and organizational measures to detain 
data shall be protected against unlawful or accidental destruction, accidental loss or 
modification, unauthorized or unlawful storage, processing, access or disclosure; 
3) provide appropriate technical and organizational measures to 
retained data may be accessed only by persons authorized by the operator; 
4) retained data, except for data that have been accessed and preserved, 
destroyed at the end of the prescribed retention period. 
(2) The control over the implementation of the measures referred to in paragraph 1 of this Article shall be performed by the competent authority for the protection of personal data. 
Page 79 
XXII. SUPERVISION 
Supervision over the implementation of this law 
Article 184 
Supervision over the implementation of this law, other regulations and acts adopted on the basis of 
of this Law, as well as international agreements and conventions to which Montenegro is a signatory, 
performed by the Ministry and the Agency, in accordance with their competencies determined by this Law. 
Inspection and expert supervision 
Article 185 
(1) Inspection supervision in the field of electronic communications shall be performed by an administrative body 
responsible for inspection affairs, through the inspector for electronic communications (in 
hereinafter: the inspector). 
(2) Professional supervision in the field of electronic communications shall be performed by the Agency, through 
Electronic Communications Supervisor (hereinafter: the Supervisor). 
(3) Inspector, ie supervisor during the inspection, ie expert 
examination, the property of the supervisory body is proved by official identification. 
(4) The bodies that perform inspection and professional supervision are obliged in the affairs of supervision 
achieve the necessary coordination, communication and cooperation. 
Inspection control 
Article 186 
(1) The tasks of inspection supervision referred to in Article 185 of this Law shall be performed by the inspector, in 
in accordance with this law and special laws governing inspection supervision and 
consumer protection. 
(2) The form and content of the official identification card for performing inspection activities 
supervision is prescribed by the state administration body responsible for public administration. 
Competence and powers of inspectors 
Article 187 
In addition to the authorizations determined by a special law which regulates the area 
inspection, the inspector is authorized to: 
1) temporarily prohibit the provision of public electronic communications services, if 
they perform them without the prescribed registration and approval of the Agency and determine measures for 
prevention of further illegal performance of activities; 
2) prohibit the operation of a radio station that uses radio frequencies without the prescribed 
approvals and, if necessary, determine measures to prevent its operation - by sealing or 
temporary seizure of equipment or part of equipment, with the issuance of a written confirmation; 
3) prohibit works on the construction of electronic communication network, electronic 
communication infrastructure and related equipment, which are not performed in accordance with this 
the law and regulations adopted on the basis of this law; 
4) prohibit works the performance of which has caused or may cause damage or interference in 
operation of electronic communication network, electronic communication infrastructure and 
related equipment; 
Page 80 
5) restrict or prohibit the operation of an electrical device that causes, contrary to regulations 
electro-magnetic interference and interferes with the operation of electronic communications networks or equipment; 
6) in cooperation with the market inspection and the competent body of internal affairs, 
prohibit and disable the sale or use of electronic communications or terminals 
equipment and other devices and equipment that uses radio frequencies in its work and which 
products or imports on the domestic market, if it does not meet the technical, operational and 
other legally prescribed conditions for use; 
7) control the compliance of the work of the electronic communications system in emergency 
situations, in accordance with the regulation of the Government. 
Professional supervision 
Article 188 
(1) The supervisor shall perform professional supervision activities on the basis of the authorization referred to in this 
laws and regulations adopted on the basis of this law. 
(2) The form and content of the official identification card for performing professional supervision activities 
prescribed by the Agency. 
Competence and powers of the supervisor 
Article 189 
(1) In the procedure of professional supervision, the supervisor: 
1) control the performance of electronic communications activities in accordance with 
by this law and regulations adopted on the basis of this law. 
2) control the fulfillment of conditions for the use of radio frequencies, numbers and 
address based on issued approvals; 
3) controls the compliance of the operating parameters of the electronic elements 
communication networks with prescribed norms and standards; 
4) determine the origin, location and identification of illegal radio broadcasts and sources 
harmful interference; 
5) determines the fulfillment of the prescribed norms of quality of services during the provision 
Universal service, as well as declared quality parameters for other types of services; 
6) determine the security of electronic communications networks and services, as well as 
compliance with the provisions of the law concerning the confidentiality of communications; 
7) control the correctness of the application of approved, ie publicly announced prices 
electronic communications services; 
8) control the applied measures of protection of electronic communications 
network, electronic communications infrastructure and related equipment; 
9) controls the works on the construction of the electronic communication network, electronic
    ,         
the law and regulations adopted on the basis of this law; 
10) controls technical and other documentation (records on the state of the system, 
permits, approvals, certificates, etc.). 
(2) The supervisor shall also exercise his / her powers and competencies on the basis of data 
collected in the process of control and monitoring of the radio frequency spectrum or on the basis of 
data collected in accordance with paragraph 4 of this Article. 
(3) The supervisor for electronic communications is obliged to: 
Page 81 
1) take appropriate measures and order the operator to do so within a reasonable time 
eliminate deficiencies, if when using electronic communications networks or providing 
electronic communications services do not apply this law, regulations enacted on the basis 
of this Law, ie acts of the Agency and regulations and standards applicable in Montenegro; 
2) order the user of the radio frequency to eliminate the shortcomings in the operation of the radio 
a station that does not operate in accordance with the law or temporarily prohibits its work, if it interferes 
operation of other electronic communication equipment; 
3) in cases of serious violations of the law, when it is established with an entity 
performing activities without registration or approval of the Agency, as soon as possible 
informs the inspector for electronic communications. 
(4) The Agency may, in addition to the supervisor, authorize other persons on the spot, at 
subject of supervision, control and take the data necessary for execution 
affairs within the competence of the Agency. 
(5) The supervisor and the persons referred to in paragraph 4 of this Article are obliged to keep everyone secret 
information on the work of operators that they learn during their work, in accordance with this law, as 
and a law governing confidentiality and data protection issues. 
(6) The provisions of the law by which 
the area of inspection supervision is regulated. 
Remedies 
Article 190 
(1) An appeal is allowed against decisions issued in the procedure of inspection supervision 
To the Ministry, within eight days from the day of delivery of the decision to the subject of supervision. Complaint to the decision does not delay the execution of the decision. 
(2) An appeal is allowed against decisions issued in the procedure of expert supervision 
The Council of the Agency, within eight days from the day of delivery of the decision to the subject of supervision. An appeal against the decision does not delay the execution of the decision. 
(3) Against the decision on appeals from para. 1 and 2 of this Article may be initiated administratively 
dispute before the competent court, within 30 days from the date of receipt of the decision. 
Mutual cooperation 
Article 191 
(1) Inspector and supervisor in performing inspection and professional supervision 
they cooperate with each other. 
(2) The inspector shall also cooperate with the judicial in the performance of inspection supervision, 
misdemeanor and other competent authorities. 
(3) In performing inspection supervision, the inspector is obliged to report on the observed 
inform the Agency of irregularities, in order to take measures within its competence. 
(4) In performing expert supervision, the supervisor is obliged to report on the observed irregularities 
notify the inspector, in order to take measures within his competence. 
Page 82 
XIII. PENAL PROVISIONS 
Article 192 
(1) A fine in the percentage of 1% to 10% of the total annual income for 
the accounting year preceding the year in which the offense was committed shall be penalized for 
misdemeanor legal entity, if: 
1) does not determine the plan of measures which ensures the integrity of the public electronic 
communication networks and the use of electronic communications services in cases 
major network outages, war and state of emergency, natural disasters, as well as others 
emergency situations (Article 61, paragraph 1); 
2) does not apply the plan of measures referred to in Article 61, paragraph 1 of this Law while the circumstances last for which measures were taken (Article 61 paragraph 2); 
3) fails to submit the plan of measures referred to in Article 61, paragraph 1 of this Law to the Ministry, the Agency and bodies responsible for defense and security, protection and rescue, and upon request i 
other state bodies, within three days from the day of determination (Article 61, paragraph 3); 
4) does not adjust the use of its electronic and communication networks and equipment 
situation or does not make it available or used by the competent authorities for the time being 
emergency situations (Article 61, paragraph 4); 
5) does not adjust its network so as to enable allocation in emergency situations 
priority rights to communications from certain terminal points of the network (Article 62, paragraph 1); 
6) does not comply with the decision of the Agency on the obligation to separate activities related to 
by providing certain wholesale access services in a separate business unit (Article 
79 paragraph 1); 
7) its special business unit referred to in Article 79, paragraph 1 of this Law does not provide 
products and services are accessed by all operators through the same systems and procedures and with 
equal terms and conditions (Article 79, paragraph 2); 
8) as a vertically integrated operator with significant market power 
in one or more relevant markets within 90 days in advance does not notify the Agency of 
the intention and final outcome of the voluntary separation procedure (Article 80 paragraph 2); 
9) users of public telephone services, including public payphones 
does not enable free dialing of emergency numbers (Article 143, paragraph 1); 
10) does not register accurately the data on the provided service (Article 159, paragraph 1); 
11) does not use units of measurement in accordance with the law governing the system 
measuring units in Montenegro for measuring the volume of publicly available electronic 
communication services (Article 159, paragraph 3); 
12) does not include in the offer of services at least one package in which the calculation will be made 
provided services to use the realized volume of traffic and to calculate the volume of traffic 
calls use the unit time interval of one second (1s), and to calculate the quantity 
transmitted binary data unit of account one kilobyte (1kB) (Article 159 paragraph 4); 
13) the price of the package referred to in Article 159, paragraph 4 of this Law differs from the prices of others 
packages in the offer (Article 159, paragraph 6); 
14) use the public electronic communication network for storage and access 
data and information stored on the user's terminal equipment without his 
consents (Article 172 paragraph 5); 
15) does not protect the confidentiality of communications even after the cessation of activities, ie 
termination of employment during which he was obliged to protect confidentiality (Article 173 para 
1); 
Page 83 
16) does not provide at its own expense the necessary technical and organizational conditions 
which enable the lawful interception of communications in accordance with Article 172 paragraph 4 
of this Law and does not inform the Agency about it, as well as does not submit evidence that it has provided 
those conditions (Article 180 paragraph 1); 
17) does not keep traffic and location data, as well as relevant data 
necessary for the identification and registration of subscribers, both legal and natural persons, in 
the extent to which that data is generated or processed, for defense, national or public purposes 
security, as well as for the purpose of preventing the commission of a criminal offense, investigation, detection and prosecuting perpetrators of criminal offenses and providing assistance in search and rescue 
people, protection of life and health of people and property (Article 181 paragraph 1); 
18) does not provide the necessary technical and organizational conditions that enable 
competent state authorities to take over retained traffic and location data, 
as well as the relevant data required for the identification and registration of subscribers (Article 
181 paragraph 4); 
19) does not ensure that the retained data are of the same quality and degree 
security and protection as appropriate data on the network (Article 183, paragraph 1, item 1); 
20) does not provide appropriate technical and organizational measures to 
retained data will be protected from unlawful or accidental destruction, accidental 
loss or alteration, unauthorized or unlawful storage, processing, access or disclosure 
(Article 183 paragraph 1 item 2); 
21) does not provide appropriate technical and organizational measures to 
retained data may be accessed only by persons authorized by the operator (Article 183 paragraph 
1 point 3). 
(2) The responsible person in the legal entity shall also be punished for the misdemeanor referred to in paragraph 1 of this Article a fine of 600 euros to 6,000 euros. 
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined in 
percentage from 1% to 10% of the total annual income for the accounting year which is 
preceded the year in which the offense was committed. 
(4) For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be fined from 
200 euros to 2,000 euros. 
(5) If the misdemeanor referred to in paragraph 1 of this Article has resulted in material gain, in addition to 
fine, the measure of confiscation of the property gain obtained by execution shall also be imposed 
violations. 
(6) For the misdemeanor referred to in paragraph 1 of this Article to a legal entity, entrepreneur, ie 
a protective measure of restraint may be imposed on the responsible person in the legal entity 
activities lasting up to six months. 
Article 193 
(1) A fine of 8,000 euros to 40,000 euros shall be imposed for a misdemeanor 
legal entity, if: 
1) does not submit to the Agency all available data, including financial, 
as well as data related to the development of the network or services that could have an impact on 
its wholesale services (Article 30, paragraph 1); 
2) fails to submit to the Agency accounting data on retail markets which 
are related to wholesale markets (Article 30 paragraph 2); 
3) during the construction or use of electronic communication networks, 
electronic communications infrastructure or related equipment or provision 
electronic communication services, within the technical possibilities, is not performed in a manner 
Page 84 
which enables full supervision and regulatory control by supervisory bodies (Article 
39 paragraph 1); 
4) in the vicinity of electronic communication networks, electronic communication 
infrastructure and related equipment works are carried out, new facilities are planned, seedlings are planted or 
other actions are taken that may damage them or interfere with their work (Article 42, paragraph 1); 
5) interferes with the propagation of electromagnetic waves or causes radio interference 
communications due to the execution of works, construction of new facilities, installation of technical 
equipment or perform any other activity in the protection zone or radio corridor 
stations (Article 42 paragraph 2); 
6) does not submit a written application to the Agency before the beginning of use, ie 
before the cessation or change of the regime of use of public electronic communications networks or 
provision of public electronic communication services (Article 46, paragraph 1); 
7) uses radio frequencies without approval for the use of radio frequencies 
issued by the Agency (Article 99 paragraph 1); 
8) uses numbers and / or addresses from the numbering plan and addressing plan without 
approvals for the use of numbers and / or addresses issued by the Agency (Article 130, paragraph 1); 
9) does not enable free calls to the single European number "112" for calls to 
emergencies (Article 142 paragraph 1); 
10) does not publish the price list of services on its website that it provides and does so 
available to users in their branches (Article 150, paragraph 1); 
11) does not offer subscription contracts for a maximum duration of one year 
(Article 152 paragraph 2); 
12) connect a radio to the public electronic communication network or 
telecommunication terminal equipment that does not meet the requirements of Article 126 of this 
law (Article 154 paragraph 2); 
13) by order of the Agency, does not restrict access to its services, ie no 
excludes and does not terminate the contract with the subscriber who organizes games of chance via 
internet, without the approval of the administrative body responsible for games of chance (Article 164, paragraph 3); 14) does not take appropriate technical or organizational measures for the purpose 
ensuring the integrity of its network, security protection or uninterrupted provision 
its services and security protection of electronic communications networks and services (Article 168 
paragraph 1); 
(2) The responsible person in the legal entity shall also be punished for the misdemeanor referred to in paragraph 1 of this Article a fine of 400 euros to 4,000 euros. 
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined from 
1,000 euros to 12,000 euros. 
(4) For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be fined from 
150 euros to 1,500 euros. 
(5) If the misdemeanor referred to in paragraph 1 of this Article has resulted in material gain, in addition to 
fine, the measure of confiscation of the property gain obtained by execution shall also be imposed 
violations. 
(6) For the misdemeanor referred to in paragraph 1 of this Article to a legal entity, entrepreneur, ie 
a protective measure of restraint may be imposed on the responsible person in the legal entity 
activities lasting up to six months. 
Article 194 
(1) A fine of 6,000 euros to 30,000 euros shall be imposed for a misdemeanor 
legal entity, if: 
Page 85 
1) electronic communication network, electronic communication infrastructure 
or related equipment is planned, designed, manufactured, installed or installed in a manner that 
does not allow access to or availability of public electronic communications services 
users as well as persons with reduced mobility and persons with disabilities (Article 39, paragraph 2 
touch 1 and 2); 
2) does not submit to the Agency a written notice on the beginning of use or technical 
characteristics of electronic communication network, electronic communication 
infrastructure or related equipment, within seven days from the date of commencement of use 
(Article 39, paragraph 4); 
3) does not submit data on existing and planned electronic communications 
networks, electronic communication infrastructure and related equipment in the coverage area 
planning document (Article 40, paragraph 2); 
4) during the construction of residential or business buildings intended for further 
sale or sharing, does not build an electronic communications network, 
electronic communication infrastructure or related equipment, in accordance with the project 
documentation (Article 41, paragraph 1); 
5) the investor does not provide the facility referred to in Article 41, paragraph 1 of this Law 
appropriate connections to public electronic communications networks suitable for the purpose 
that facility (Article 41 paragraph 3); 
6) does not enable, with equal and non-discriminatory conditions, access to all 
operators for the purpose of setting up, maintaining or developing electronic communications 
network, electronic communication infrastructure or related equipment (Article 41, paragraph 5); 
7) for the purpose of performing works in accordance with the planning document, does not prepare a project 
protection and / or relocation of electronic communications network or electronic communications 
infrastructure or related equipment and does not obtain the consent of its owner for the project 
(Article 43, paragraph 1, item 1); 
8) at least 30 days before the deadline for the start of works, no notice 
the owner of an electronic communications network or electronic communications infrastructure or 
related equipment and does not provide access to it for the purpose of supervision over the execution of works (Article 43 paragraph 1 item 2); 
9) for the purpose of performing works, does not provide protection and / or relocation of electronic 
communication networks or electronic communication infrastructures or associated equipment o 
at its own expense (Article 43, paragraph 1, item 3); 
10) 30 days before the start of project development referred to in Article 44, paragraph 1 of this Law, no 
submit to the Agency a notice containing the planned route of the road (Article 44, paragraph 2); 
11) at the request of the operator, under equal conditions, does not provide use 
available capacities for electronic communication networks, electronic 
communication infrastructure and related equipment (Article 44 paragraph 4); 
12) fails to notify the Agency of the change of data referred to in Article 46, paragraph 4, item 1 and 2 and paragraph 4 of this Law, within 15 days from the day of change, ie change of data from 
Article 46, paragraph 3, item 3 and 4 of this law at least 15 days before the scheduled date 
changes (Article 46); 
13) does not establish a separate legal entity for the provision of public electronic activities 
communication or does not keep separate accounts for activities related to the area 
electronic communications (Article 48, paragraph 2); 
14) does not report the amount to the Agency by the end of the third month of the current year at the latest 
revenue from the provision of public electronic communications services and the provision of 
Page 86 
use of electronic communications network, electronic communications infrastructure and 
related equipment that was realized in the previous year (Article 52, paragraph 1); 
15) does not publish data that are important for the joint use of available ones 
capacity of electronic communication infrastructure and related equipment on its own 
website (Article 53 paragraph 2); 
16) at the request of another operator for electronic sharing 
communication infrastructure and related equipment does not respond within 15 days 
receipt of the request (Article 53, paragraph 3); 
17) fails to submit quarterly data on the type, availability and geography to the Agency 
location of electronic communications infrastructure and related equipment that may be from 
interest for joint use (Article 55, paragraphs 1 and 2); 
18) does not publish data that are of interest for conducting accession negotiations 
and interconnection on its website (Article 56 paragraph 2); 
19) fails to submit to the Agency a copy of the concluded accession agreement and / or 
interconnection for the purpose of recording and assessing compliance with this Law (Article 57, paragraph 1); 
20) does not protect the confidentiality of all information exchanged during negotiations 
or implementation of access and / or interconnection agreements and use of data for other purposes, 
assignment to a third party or related parties with contracting parties or a third party (Article 
57 paragraph 2); 
21) in receiving and transmitting services and programs referred to in Article 59, paragraph 1 of this Law, no 
preserves the image page format if these services are intended for reception on the extended 
television screen (Article 59 paragraph 2); 
22) does not provide broadcasters whose programs transmit access to the application 
program interface and / or electronic program guide objectively, 
transparently and under equal conditions (Article 59 paragraph 4); 
23) systems with conditional access to digital television or radio services 
they do not have the technical capabilities that allow the operator complete control over 
services provided that are protected by these systems (Article 60 paragraph 1); 
24) does not offer to all broadcasters whose programs it broadcasts objectively, transparently and 
under equal conditions the appropriate technical possibilities to be provided 
end - user access to their programs, using an appropriate device for 
conditional approach (Article 60 paragraph 2); 
25) uses conditional access systems that prevent access by end users 
free access programs (Article 60 paragraph 3); 
26) does not keep separate accounting for services with conditional access (Article 60 
paragraph 4); 
27) Universal directory, ie database of the Universal Information Service 
do not include the prescribed data on subscribers (name and surname, business name 
the company and its organizational form, address, ie the seat of the subscriber and assigned 
subscriber number), ie if they include publicly available subscriber data 
telephone services that requested a ban on entering and publishing such data (Article 84 
paragraph 1); 
28) fails to notify the Agency of the intention to allocate within 60 days in advance 
its access networks (Article 88 paragraph 1); 
29) does not provide equal prices of Universal Services for all users in the territory 
Montenegro (Article 89 paragraph 1); 
30) does not offer price options or packages for socially endangered persons, persons 
reduced mobility and persons with disabilities (Article 89, paragraph 2); 
Page 87 
31) by order of the Agency, does not offer special prices or special packages for 
socially vulnerable persons, persons with reduced mobility and persons with disabilities, under more favorable 
conditions (Article 89 paragraph 4); 
32) does not submit to the Agency quarterly data on measured quality parameters 
services, as well as changes in the quality of services of the Universal Service, within 30 days from the date 
occurrence of the change, as well as not to publish updated data on at least once a year 
the quality of these services on its website (Article 91 paragraph 2); 
33) if it transfers or assigns the right to use radio frequencies to another 
legal or natural person without the consent of the Agency (Article 118, paragraph 1); 
34) does not start using numbers and / or addresses within one year from the day 
receipt of approval for their use (Article 133, paragraph 1, item 3); 
35) does not keep records of the numbers and / or addresses he uses or has given to 
use and do not submit those records to the Agency at its request (Article 133, paragraph 1, item 4); 
36) does not provide information on subscribers' telephone numbers (Article 133, paragraph 1) 
point 5); 
37) does not act upon the request for number portability (Article 133, paragraph 1, item 7); 
38) if he transfers or assigns the right to use numbers and / or addresses to another 
legal or natural person without the consent of the Agency (Article 134, paragraph 1); 
39) does not maintain or adjust its networks to enable the function 
number portability (Article 139 paragraph 3); 
40) does not forward to the Operational Communication Center, without delay and without 
fees, all available data on realized calls according to the number "112" and others 
emergency service numbers (Article 142, paragraph 2); 
41) does not enable emergency services to display identification without compensation 
the calling number and location of the caller as soon as the call reaches the emergency service (Article 143, paragraph 2); 42) does not provide persons with reduced mobility and persons with disabilities 
unhindered access to emergency numbers and the single European number "112" (Article 143 
paragraph 6); 
43) at the request of the Agency when it is justified due to fraud or abuse 
blocks access to certain numbers or services (Article 145 paragraph 4); 
44) does not provide access to the public electronic communication network, within 
eight days from the day of submitting the request, if there are technical possibilities (Article 147 
paragraph 3 item 1); 
45) does not ensure the uninterrupted use of public electronic communications 
services, declared quality, at publicly available prices, availability and security 
(Article 147, paragraph 1, item 2); 
46) does not provide an invoice, detailed by separate items which 
allows clear insight into these items and verification of the amount charged for the service provided or on 
user's request an account that is not allocated by items (Article 147, paragraph 3, item 3); 
47) does not provide electronic communication services under established conditions and 
prices (Article 148, paragraph 1); 
48) does not publish information on prices, manner of tariffing, as well as general conditions 
provision of electronic communications services (Article 148, paragraph 2); 
49) does not establish clear and unambiguous general conditions for the provision of its services 
prescribed by Article 148, paragraph 4, item 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of this Law (Article 148 
paragraph 4); 
50) acts contrary to the provisions on the provision of services prescribed by Article 148, paragraph 
5 items 1, 2, 3, 4, 5, 6, 7 and 8 of this Law (Article 148, paragraph 5); 
Page 88 
51) the subscription contract does not contain the elements prescribed by Article 151, paragraph 2, item 1, 
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of this Law (Article 151, paragraph 2); 
52) offers subscription contracts for a period longer than two years (Article 152, paragraph 1); 
53) does not notify the subscriber, at least 30 days before any changes 
conditions set out in the subscription agreement, in writing, in a clear, visible and 
unambiguous manner, as well as via SMS when possible (Article 152 paragraph 5); 
54) does not obtain the consent of the Type Approval Agency before the beginning of the provision of services 
subscription agreement for each of the electronic communications services offered 
operator (Article 153 paragraph 3); 
55) does not enable the user to verify the identity of international mobile equipment 
(IMEI number) in case of unauthorized alienation or misuse of terminal equipment (Article 
153 paragraph 6); 
56) fails to submit data on the quality of services it provides to the Agency within the set deadline 
or does not publish them on its website (Article 155, paragraph 5); 
57) does not allow users to be denied access to numbers and internet addresses, 
through which content that is not intended for children is accessed (Article 156, paragraph 4); 
58) does not provide users with insight into registered data on provided services, 
that is, it does not issue an invoice for services provided free of charge in accordance with Article 147, paragraph 3 item 3 of this Law (Article 162 paragraph 1); 
59) does not inform the users of its services about the danger of endangering safety, in 
in case of degree of danger for network security higher than the scope of protection of measures from Article 168 
paragraph 1 of this Law, as well as the available measures for elimination of the danger and / or its 
consequence (Article 168 paragraph 4); 
60) fails to notify the Agency in writing without delay of a breach of security, or 
loss of integrity from a significant impact on the operation of its networks or the provision of its 
service (Article 169 paragraph 3); 
61) does not inform the Agency and the body responsible for personal protection without delay 
data on the resulting violation of personal data or violation of user privacy (Article 170 
paragraph 1); 
62) without delay fails to notify the user of the personal data breach that may occur 
adversely affect the personal data or privacy of the user (Article 170 paragraph 3) ;. 
63) does not register subscribers of fixed telephony services, users without delay 
all mobile telephony and internet services (Article 174 paragraph 1); 
64) uses data on the subscriber for other purposes without the consent of the subscriber 
(Article 174 paragraph 4); 
65) does not keep data on subscribers for the duration of the subscriber 
relations, as well as at least another year from the date of termination of service (Article 174 
paragraph 6); 
66) does not provide permanent records on interception of communications and does not keep 
collected data as an official secret (Article 180, paragraph 3); 
67) does not notify six months before upgrading its network, ie 
implementation of new services competent authorities for legal interception of communications 
(Article 180 paragraph 5). 
(2) The responsible person in the legal entity shall also be punished for the misdemeanor referred to in paragraph 1 of this Article a fine of 300 euros to 3,000 euros. 
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined 
from 800 euros to 8,000 euros. 
Page 89 
(4) For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be fined from 
150 euros to 1,500 euros. 
(5) If the misdemeanor referred to in paragraph 1 of this Article has resulted in material gain, in addition to 
fine, the measure of confiscation of the property gain obtained by execution shall also be imposed 
violations. 
Article 195 
(1) A fine of 4,000 euros to 20,000 euros shall be imposed for a misdemeanor 
legal entity, if: 
1) fails to submit the data referred to in Article 84, paragraph 1 of this Law to the Universal operator 
the service that provides the Universal Directory service (Article 84, paragraph 2); 
2) does not update the data in the Universal Directory at least once a year (Article 
84 paragraph 3); 
3) charges for the service of publishing data on subscribers (Article 85, paragraph 1); 
4) does not provide data on telephone numbers of all subscribers who did not request 
ban on publishing this information (Article 85, paragraph 2); 
5) does not update the data provided by the Universal Information Service 
prescribed period (Article 85, paragraph 4); 
6) does not process data received from various operators publicly available 
telephone networks on an equal basis (Article 85, paragraph 6); 
7) does not offer price options or packages for socially vulnerable persons, persons 
reduced mobility, as well as persons with disabilities (Article 89, paragraph 2); 
8) does not provide technical possibilities to the user, ie does not provide special ones 
tariff regimes for categories of socially vulnerable persons, persons with reduced mobility, as well as 
persons with disabilities who provide insight into the price and control of their consumption (Article 90 
paragraph 1); 
9) does not allow users to call numbers from the numeric range 
"116" (Article 144, paragraph 4); 
10) does not enable the use of the international prefix "00" during the establishment 
international calls (Article 145 paragraph 1); 
11) does not provide users with access to numbers used in the European Union 
(Article 145 paragraph 2); 
12) does not do the same with all calls to or from European numbers 
numeric telephone space (ETNS) and does not provide them at prices that are comparable to 
those applicable to calls to Member States of the European Union (Article 
145 paragraph 3); 
13) fails to submit to the Agency for approval the general conditions for the provision of its services from 
Article 148, paragraph 4 of this Law, 30 days before the beginning of their application (Article 149, paragraph 1); 
14) does not publish the general conditions for providing its services on its website and in 
at least two daily print media distributed throughout Montenegro and 
does not make them available, free of charge, to users in printed form, at their request in 
its branches or in another way suitable for informing users (Article 149, paragraph 
4); 
15) the price list of services does not contain the prices of individual services, service packages, additional 
services, access fee as well as the method of billing services (Article 150, paragraph 2); 
16) prices referred to in Article 150, paragraph 2 are not stated with VAT included (Article 150 
paragraph 3); 
Page 90 
17) does not submit to the Agency a price list of services, at least eight days before his 
publishing on its website (Article 150, paragraph 4); 
18) does not provide users who are persons with reduced mobility and persons 
with disability equal access to their services and access to emergency numbers (Article 
154 paragraph 4 item 1); 
19) does not enable users who are persons with reduced mobility and persons with 
disability, availability of terminal equipment (Article 154, paragraph 4, item 2); 
20) does not regularly inform users who are persons with reduced mobility 
and persons with disabilities on all characteristics of services intended for them (Article 154 
paragraph 4 item 3); 
21) does not provide users who are persons with reduced mobility and persons with 
disability is a priority in network access and troubleshooting (Article 154, paragraph 4, item 4); 
22) does not ensure that persons with reduced mobility and persons with disabilities 
have the same access to electronic communications services and the benefits of choosing an operator in 
in accordance with the conditions prescribed by the competent authorities (Article 154 paragraph 5); 
23) by order of the Agency, does not enable subscribers to pay for access to the public 
electronic communications network or for the use of publicly available telephone services on 
pre-paid grounds (Article 156 paragraph 6); 
24) does not edit, publish or regularly update the directory of its subscribers or if 
enter the data of subscribers who have prohibited the entry of data in writing into the directory 
(Article 161 paragraph 2); 
25) does not issue an invoice for publicly available telephone services at a fixed location which 
contains all the information provided (Article 162 paragraph 2); 
26) does not provide protection of the right to privacy through a detailed account and listing 
(Article 162 paragraph 7); 
27) before making the final decision of the Agency, deny the provision of services to the user 
who paid the undisputed part of the invoice or the amount corresponding to the average value within the deadline 
last three monthly bills (Article 165 paragraph 1); 
28) does not provide the provision of services to the user as well as access and use of numbers 
emergency services and the toll - free number of the customer service until the final decision of the Agency (member 165 paragraph 2); 
29) requires the subscriber to pay the subscription or any claims, except 
those arising from the period when the subscription agreement was in force (Article 165 para 
5); 
30) fails to publish the notice one day in advance in the public media 
informing about the temporary restriction, ie termination of access to services from the article 
166 paragraph 1 of this Law and does not submit the same to the Agency and emergency services (Article 166 paragraph 2); 
31) does not directly inform users when it comes to access restriction 
services longer than six hours (Article 166 paragraph 3); 
32) does not determine the amount and manner of compensation of the subscriber if his services in 
in terms of quality and availability, they deviate from the conditions specified by the subscriber 
contract (Article 167 paragraph 1); 
33) does not delete or change the traffic data related to subscribers 
or users in such a way that they cannot be brought into contact with a certain person (Article 175, paragraph 1); 
34) traffic data used for the calculation of public electronic costs 
communication services of the subscriber or user of these services is processed upon completion 
the period when the statute of limitations arises (Article 175, paragraph 2); 
Page 91 
35) performs data processing in traffic for the purpose of marketing and services with 
added value without the consent of the subscriber or user (Article 175, paragraph 3); 
36) processing of traffic data, in accordance with Article 175 para. 2 and 3 of this 
of the law, is not limited to persons employed and / or authorized by the operator 
dealing with billing services or traffic management, consumer issues, 
by detecting fraud, promoting public electronic communications services or providing 
value added service (Article 175 paragraph 5); 
37) does not inform the subscriber or user about the types of traffic data which 
are processed, as well as the duration of such processing for the purposes referred to in Article 175, paragraph 2 of this Law, a for the purposes referred to in Article 175, paragraph 3 of this Law before obtaining the consent (Article 175, paragraph 7); 
38) location data, processed in such a way that they can be linked to 
by a certain person (unnamed data) or if he has not obtained the consent of the user (Article 177 
paragraph 1); 
39) does not acquaint the user with the type of location data that will be processed, 
the duration of processing and the possibilities of transfer to third parties (Article 177, paragraph 2); 
40) does not allow the user to withdraw the consent for 
data processing (Article 177 paragraph 3) 
41) location data, which are not traffic data, are processed by persons without 
powers (paragraph 177 paragraph 5); 
42) allow the use of automatic speech devices, without human intervention 
(call machines), fax machines or e - mails, as well as SMS and MMS for calls to 
to the user without obtaining the consent of the user (Article 178, paragraph 1); 
43) does not enable the selection of incoming e-mails containing unsolicited ones 
electronic messages or harmful content in a quick and easy way to users referred to in Article 178 
paragraph 3 of this Law (Article 178 paragraph 4); 
44) does not publish in an appropriate and publicly available manner the e-mail address for 
report abuse and do not respond to any complaints regarding electronic abuse 
mail within eight days from the day of receipt of that detention by e - mail (Article 
179 paragraph 1); 
45) does not enter in the subscription contract an obligation to its subscribers to prohibit 
sending unsolicited electronic messages, including SMS and MMS, and do not take action 
preventing the misuse of a user's e-mail account (Article 179, paragraph 2); 
46) does not issue a warning to the subscriber or temporarily disables its use 
user email account and does not notify the subscriber without delay in 
in writing (Article 179 paragraph 3). 
(2) The responsible person in the legal entity shall also be punished for the misdemeanor referred to in paragraph 1 of this Article a fine of 200 euros to 2,000 euros. 
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined 
from 600 euros to 6,000 euros. 
(4) For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be fined from 
100 euros to 1000 euros. 
(5) If the misdemeanor referred to in paragraph 1 of this Article has resulted in material gain, in addition to 
fine, the measure of confiscation of the property gain obtained by execution shall also be imposed 
violations 
Article 196 
(1) A fine of 2,000 euros to 15,000 euros shall be imposed for a misdemeanor 
legal entity, if: 
Page 92 
1) manufactures, manufactures, imports, distributes, sells, leases or owns 
unauthorized devices that allow access to a protected service for commercial purposes 
(Article 60, paragraph 5);
 ,       
access to a protected service (Article 60, paragraph 6); 
3) performs commercial communications for the purpose of advertising, offering or 
placing on the market of illicit devices referred to in Article 60, paragraph 5 of this Law (Article 60, paragraph 
7); 
4) costs incurred from the provision of the Universal Service referred to in Art. 86 to 90 of this 
does not record the law and does not keep them separately from the costs of other services (Article 93, paragraph 1); 
5) within 30 days from the day of the change, does not inform the Agency about 
change of data from Article 113, paragraph 1, item 1 and paragraph 2 of this Law (Article 113, paragraph 3); 
6) does not allow its subscribers, at their request, to make changes 
the operator shall retain the assigned numbers from the Numbering Plan (Article 139 paragraph 1); 
7) charges a fee, which is paid in the procedure of number portability, which is not 
cost - oriented or which has a disincentive effect on the use of this option (Article 
140 paragraph 2); 
8) the provisions on the minimum duration of the subscription contract limit or 
prevents a subscriber who requests the number to be transferred to another operator (Article 140, paragraph 6); 
9) fails to submit the data on the transferred data to the Agency by January 15 of the current year 
numbers in the previous year (Article 140, paragraph 7); 
10) fails to transfer the number and its inclusion as soon as possible, and 
after concluding the transfer contract, it is not activated during one working day (Article 
141 paragraphs 1 and 2); 
11) misuses calls according to emergency numbers (Article 143, paragraph 5); 
12) does not ensure that users from other countries call non-geographic numbers 
determined by the Numbering Plan (Article 145, paragraph 5); 
13) does not allow the subscriber to terminate the subscription contract at any time 
(Article 152 paragraph 3); 
14) limit the use of terminal equipment to work within its own network, a 
the subscriber does not conclude a subscription contract with a minimum duration (Article 152 
paragraph 7); 
15) does not fulfill the justified request of the user to connect the radio or 
telecommunication terminal equipment (Article 154 paragraph 1); 
16) at the request of the user does not provide free spending limit for 
accounting period (Article 156 paragraph 1); 
17) at the request of the user does not enable free ban on outgoing calls to 
a certain number or group of numbers, or a ban on sending or receiving SMS or MMS to 
certain or from certain types of numbers (Article 156 paragraph 2); 
18) fails to provide free notifications to subscribers, if any 
consumption that is above the average consumption of that subscriber for the last three months io 
does not keep records (Article 157, paragraph 1); 
19) does not deliver the current consumption status to the subscriber at his request, no 
older than six hours or for communications made in roaming in the last 24 hours (member 
157 paragraph 2); 
20) at the request of the subscriber does not enable simple and free establishment 
call forwarding services (Article 158 paragraph 1); 
Page 93 
21) does not submit to the subscriber a written notice with a detailed explanation of 
reasons for refusing to divert the call within eight days from the day 
receipt of the request (Article 158, paragraph 3); 
22) does not enable the subscriber to prevent it in a simple way and free of charge 
automatic call forwarding by third parties to your terminal equipment 
(Article 158 paragraph 4); 
23) at the request of the subscriber of public telephone services, does not enable detention 
number when changing operators in accordance with Art. 139 and 141 of this Law (Article 160 paragraph 1 
point 1); 
24) at the request of the subscriber of public telephone services, does not enable detention 
number when geographically changing a terminal point within the same network group (Article 160 
paragraph 1 point 2); 
25) at the request of the subscriber of public telephone services, does not enable detention 
number when changing the service (Article 160, paragraph 1, item 3); 
26) deny the subscriber of publicly available telephone services the right to his personal 
the data will be entered in the directory of operators (Article 161 paragraph 1); 
27) does not provide the subscriber with free information on the data entered in 
directory (Article 161 paragraph 3); 
28) free calls are not shown on the account referred to in Article 162, paragraph 2 of this Law 
telephone numbers, including emergency numbers (Article 162, paragraph 4); 
29) at the request of the subscriber does not issue a more detailed breakdown of the invoice (listing), without 
fees, at least once a month (Article 162 paragraph 5); 
30) does not enable the user to file a complaint about access to and quality of services, as well as 
to the account for provided services (Article 163 paragraph 1); 
31) within eight days from the day of receipt of the objection referred to in Article 163, paragraph 2 of this 
the law does not deliver to the user a reasoned decision in writing (Article 163 paragraph 3); 
32) does not send a warning to the subscriber in a reliable manner and does not determine it 
reasonable deadline for elimination of irregularities, ie deadline for settlement of claims and no 
indicates the measures that will be taken if the subscriber does not act upon the warning (Article 
164 paragraph 2); 
33) does not pay the subscriber losses incurred as a result of poor quality of service 
service or restrictions on access to the network or service (Article 167 paragraph 2); 
34) does not provide the user of the service, who sent the call, with a simple and free one 
prohibition of displaying the calling number for each individual call or for all calls (Article 
176 paragraph 1); 
35) does not provide the invited subscriber with a simple and free ban 
display of the calling number in incoming calls (Article 176, paragraph 2); 
36) does not provide the invited subscriber with an easy way to reject incoming subscribers 
calls in the event that the display of the calling number is prohibited by the subscriber or user 
the service that sent the invitation (Article 176, paragraph 3); 
37) does not provide the invited subscriber with a simple and free ban 
showing the number to which the call was forwarded to the calling user of the services 
(Article 176 paragraph 4); 
38) fails to inform the public about services and opportunities pursuant to Article 176 para. 1, 2, 
3 and 4 of this Law (Article 176 paragraph 6); 
(2) The responsible person in the legal entity shall also be punished for the misdemeanor referred to in paragraph 1 of this Article a fine of 150 euros to 1,500 euros. 
Page 94 
(3) For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined 
from 500 euros to 5,000 euros. 
(4) For the misdemeanor referred to in paragraph 1 of this Article, a natural person shall be fined from 
50 euros to 500 euros. 
(5) If the misdemeanor referred to in paragraph 1 of this Article has resulted in material gain, in addition to 
fine, the measure of confiscation of the property gain obtained by execution shall also be imposed 
violations. 
(6) For the committed misdemeanor referred to in paragraph 1, item 1, 2 and 3 of this Article, the perpetrator shall also be sentenced protective measure of confiscation of objects. Cases arising from the commission of a misdemeanor from 
puts 1 point. 1, 2 and 3, will be destroyed. 
(7) To a legal or natural person, ie to an entrepreneur who performs another independent 
activity, and who commits the misdemeanors referred to in paragraph 1 of this Article in performing the activity, may impose a protective measure prohibiting the performance of activities or parts of activities for a period of six 
months, if the committed misdemeanor is particularly serious, due to the manner of execution, the consequences of the act, the income of the perpetrator of the misdemeanor or other circumstances of the committed misdemeanor, which make it special difficult. 
XIV. TRANSITIONAL AND FINAL PROVISIONS 
Business harmonization 
Article 197 
(1) A legal or natural person who is registered in the day of entry into force of this Law 
the register of operators and / or the register of granted authorizations for the use of limited resources 
continues to operate in accordance with this law. 
(2) The persons referred to in paragraph 1 of this Article are obliged to organize and manner of work, as well as general conditions of provision of services in accordance with this law, within six months from the day 
entry into force of this law. 
(3) In the event of a change in the general conditions for the provision of services referred to in paragraph 2 of this Article, no the provision of Article 152, paragraph 6 of this Law shall apply. 
Validity of approvals and permits 
Article 198 
(1) Approvals for the use of frequencies, numbering or addresses issued by the day 
entry into force of this law shall be valid until the expiration of the term for which they were issued. 
(2) Licenses for procurement and installation of radio stations, licenses for radio 
stations and temporary licenses for radio stations issued until the date of entry into force of this 
laws are valid until the expiration of the period for which they were issued. 
Universal Service Operators 
Article 199 
Decisions of the Agency on designating the Universal Service Operator were made on 
based on the Law on Electronic Communications ("Official Gazette of Montenegro", No. 50/08, 70/09, 
49/10, 32/11 and 6/13) are valid until the expiration of the term for which they were issued, ie until the adoption of new ones decisions on determining the Universal Service operator. 
Page 95 
Operators with significant market power 
Article 200 
Decisions of the Agency on designating operators with significant market power were made 
based on the Law on Electronic Communications ("Official Gazette of Montenegro", No. 50/08, 70/09, 
49/10, 32/11 and 6/13) are valid until the adoption of new decisions of the Agency on the designation of operators 
with significant market power. 
Continuation of the work of the Agency and the bodies of the Agency 
Article 201 
(1) The Agency shall continue to operate in accordance with this Law. 
(2) The President and members of the Council and the Executive Director of the Agency shall continue to work until the expiration of the term for which they were appointed. 
(3) The Council of the Agency shall harmonize the Statute of the Agency with this Law, within 60 
days from the date of entry into force of this law. 
Proceedings initiated 
Article 202 
Proceedings initiated in accordance with the Law on Electronic Communications (“Official 
list CG “, no. 50/08, 70/09, 49/10, 32/11 and 6/13) will end under that law. 
Adoption of regulations 
Article 203 
(1) By-laws based on the authorizations from this Law shall be adopted within 
one year from the date of entry into force of this law. 
(2) Until the entry into force of the regulations referred to in paragraph 1 of this Article, the regulations shall apply 
adopted on the basis of the Law on Electronic Communications ("Official Gazette of Montenegro", No. 50/08, 
70/09, 49/10 and 32/11). 
(3) Until the enactment of the regulations referred to in Article 41, paragraph 6 of this Law, the Agency shall issue 
conditions for construction of subscriber communication cables, cable cables 
distribution and / or common antenna systems, based on Article 26 para. 4 and 5 of the Law on 
electronic communications ("Official Gazette of Montenegro", No. 50/08, 70/09, 49/10, 32/11 and 6/13). 
Implementation of the Strategy 
Article 204 
Information society development strategy for the period 2012-2016, in the part that 
refers to the development of electronic communications, will be applied until the expiration of the period for which 
was adopted. 
Page 96 
Termination 
Article 205 
On the day this law enters into force, the Law on Electronic Laws shall cease to be valid 
communications ("Official Gazette of Montenegro", No. 50/08, 70/09, 49/10, 32/11 and 6/13), except for the provision Article 26, paragraphs 4 and 5, which shall apply until the day of entry into force of the regulations referred to in Article 41 
paragraph 6 of this law and article 116 of the Law on Amendments to the Law which are 
prescribed fines for misdemeanors ("Official Gazette of Montenegro", No. 40/11). 
Cessation of application 
Article 206 
The provision of Article 27 of this Law shall apply until January 1, 2016. 
Entry into force 
Article 207 
This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette 
Montenegro. " 
No. 10-1 / 13-2 / 15 
EPA 194 XXV 
Podgorica, July 30, 2013 
Parliament of Montenegro 25th convocation 
The President, 
Ranko Krivokapić , sr