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July 1999

ESIS II Regulatory Developments
Central and Eastern European Countries
Synthesis of Master Reports

Introduction:

The Central and Eastern European Countries are progressively liberalising their telecommunications sector. This current process of liberalisation includes several steps :

However, it is clear that the evolution towards liberalisation is not homogenous amongst the countries. Indeed, some countries remain relatively closed today, such as Albania and Bosnia & Herzegovina, that have known several years of war.

Others, such as Poland or the Baltic countries are now deeply involved in liberalisation. For these countries, the liberalisation of the telecommunications sector is part of a global economic and political project which includes:

1. New telecommunications laws

Most Central and Eastern European countries have issued or are preparing new telecommunications laws. These include a wide range of provisions aimed at full harmonisation with EU telecommunications directives. Amongst them, we can note :

Furthermore, the transposition of the EU principles in the field of telecommunications requires the development of new regulatory frameworks regarding a wide set of aspects and new concepts. Indeed, the new regulations must deal with conditions of privatisation of the historic operators, with conditions of liberalisation of telecommunications fields, with the control of telecommunications tariffs, with universal access to telecommunications services, etc. Beyond the existing EU regulatory frameworks, specific regulation has to be drafted regarding new sectors that are very important to economic development, for example the Internet. It is clear that the objective of promoting the Internet will accelerate the liberalisation process within Eastern and Central European Countries.

Table 1 : Historic operators status and regulatory overview in the Central and Eastern European Countries.

Countries National operator Ownership Regulatory authorities Regulatory evolution
Albania Alb-Telecom 100 % State owned anonymous company Telecommunication Regulatory Entity instituted by the Law for Telecommunications Regulatory Entity of 1998, the regulator is independant from the historic operator - Telecommunication Policy approved by the Council of Ministers of June 99
- Clear separation between regulatory and operation functions
- Acceleration of Alb Telecom privatisation process
- Acceleration of market liberalisation
- Regulation of new sectors such as Internet
Bosnia and Herzegovina - PTT Bosnia and Herzegovina, in Sarajevo, covers the muslim area of B and H
- PTT in Croatian Republic Herzg Bosna, in Mostar, covers the Croat area
- Telekom Srpske, in Banja Luka, covers the Republic of Srpska
2 administrative divisions, Federation of Bosnia and Herzegovina (FBiH), and Republic of Srpska (RS) have been created by the Dayton Agreement in December 1995, both have their own governmental structures

the 3 monopolistic operators are State owned

Ministry of Civil Affairs and Communications in Bosnia-Herzegovina

Its counterpart ministries in FbiH and RS

Monopolistic context, this situation is expected to continue for several years
Bulgaria Bulgarian Telecom Company (BTC) According to an agreement signed on July 1999, the consortium including the Greek operator OTE and KPN Royal Dutch operator will buy 51% of BTC. - The State Telecommunication Committee, a state authority,
- The Committee on Posts and Telecommunications.
New telecommunications law enacted on July 1998 : establishment of an independant regulatory authority, introduction of liberalisation with the exception of voice telephony that remains under the monopoly of BTC until January 1, 2003.
Czech Republic SPT Telecom - 51.1% National Property Fund,
- 33.5% Telsource (Swisscom, KPN Royal Dutch Telecom)
- 10.4% Chase Nominees ltd)
Czech Telecommunication Office, under the Ministry of Transport and Communications Preparation of a new Telecommunications Act indispensable in the perspective of total liberalisation by January 1, 2001 (end of SPT Telecom monopoly on voice services).
Estonia Estonian Telephone Company Limited 100% Estonian Telecom Limited : Government (27.3%), Telia & Sonera (49%), public investors (23.7%) - Ministry of Transport and Communications
- Estonian National Communications Board, instituted in August 1998, which will replace the Ministry of Transport and Communications as the national regulatory authority by mid term
The Draft Telecommunications Act (DTA), presented to the Parliament at the end of 1998 proposes harmonisation with EU directives by 2001 (expiry of the exclusive rights of ETC), including full liberalisation of the market, institution of an independant national regulatory authority, the Estonian National Communications Board
Hungary   -59.6% MagyarCom (Deutsche Telekom/Ameritech),
-6.6% Hungarian Government,
-2% EBRD,
-1% IFC
-Communication Authority,
Ministry of transport, -Communications and Water Management
-Full liberalisation is planned in 2002.
-In 1998, adoption of a new telephone tariff regulation system
Latvia Lattelekom - 51% State owned
- 49 % Tilts Communications
Ministry of Transport, Department of Communications - The telecommunications policy approved in 1998 by the cabinet of Ministers envisages the harmonisation with EU directives, including the full liberalisation of the sector (potentially in 2002-2003 instead of 2013 as mentionned in the current Telecommunications law) and the full privatisation of the historic operator
- An update of the Telecommunications law is currently drafted
Lithuania Lithuania Telekomas - 35 % State owned
- 60 % Amber Teleholding (Telia 50/Sonera 50)
- 5 % Telekomas employees
Ministry of Transport, Department of Communications - Law on Telecommunications of August 1998,
- Creation of an independant regulator is foreseen in 1999
- The Law on Competition of 1999 is compatible with main competition principles applied inthe EU
- Objective of integration to the European Union. This includes the harmonization with EU directives : full liberalisation of the sector, creation of an independant regulator
Poland Telekomunikacja Polska SA "TP SA" Ministry of Posts and Telecommunications   - Further liberalisation of TPSA from August 1999
- To be member of the EU by the end of 2002
- The full liberalisation of market and services is expected in 2001
Republic of Macedonia Makedonski Telekomunikacii To be partially liberalised in 1999 or 2000 Ministry of transport and Communications Telecommunication Act of 1998 : Full liberalisation is planned for January 1, 2006.
Romania RomTelecom - 65% State owned
- 35% OTE Telecom (Greece)
- National Agency for Communications and Informatics (NACI)
- General Radiocommunications Inspectorate (coordinated by the NACI) : supervision and control, licences, authorisations, …
2003 : liberalisation of local, long distance, international voices services and networks, and LL (according to the WTO agreement)
Slovenia Telekom Slovenije d.d. - 73,9% State owned
- 12,8% employees
- 13,3% other Administrations of Slovenia
- Ministry of Transport and Communications
- Telecommunications Administration, subordinated to the Ministry
- Communications Inspectorate
A new Telecommunications Law under preparation with 2 main objectives :
  • Specifying the regulatory framework of the end of the monopoly of Telekom Slovenije on the PSTN and voice telephony and telex from 1 January 2001
  • Setting up a new independant regulatory body, the National Telecommunications Council

Since 1 February 1999, associated member of the EU

Latvia : Tilts Communications is owned by Sonera (Finland) (90%) and the World Bank (10%)

2. Privatisation of historic operators

All the countries studied in the survey have begun in-depth reforms of the status of the historical operator. Usually, the processes of privatisation follow two main steps :

Table 1 above shows that nearly all the countries have not yet started to privatise the historical operator; the State retaining a stake of varying importance according to the country concerned.

The continuing nature of the privatisation process enables western telecommunication operators to take a strong position or to reinforce their presence in Eastern and Central Europe.

These actions reflect historical and geographical proximities. It is clear that these new entrants in the Eastern markets aim to position themselves globally. Indeed, alongside the process of privatisation, they work with operators present in various fields : Internet, Data, cable, mobile, etc. Thus, they extend their European outreach in a set of sectors. One could see these new trans-regional operators as forerunners of a new type of European telecommunications actor.

3. The liberalisation of services and infrastructures

3.1 Mobile services

As in the European Union, the mobile sector has been the testing ground for competition in the Central and Eastern European countries. Indeed, in most of the countries the mobile sector has been liberalised for several years and several mobile competitors exist in each market. The need to compensate for the absence of fixed networks and the bad quality of existing fixed services explains this early liberalisation.

As mentioned above, one can note the important presence the Nordic operators in the liberalised mobile operators, thus prolonging the existing presence, in the field of data and cable networks, of the historic operator.

Table 2. Competition situation in telecommunications

 

Fixed public voice services

Data and Internet

Mobile

Projects
 

Local

Long distance

International

Data

Internet access

GSM 900/1800

# of operators

 

Albania

PL

M

M

L

L

M

1

Development of telecommunications infrastructure in order to provide basic telephony services with low prices, a differentiated set of modern services, protection for consumers

Bosnia and Herzegovina

M

M

M

M

M

M

M

 

Bulgaria

M

M

M

L

L

L

2

 

Czech Republic

PL

M

M

L

L

L

2

 

Estonia

M (2001)

M
(2001)

M
(2001)

L

L

L

3 GSM 900
3 GSM 1800
.

 

Hungary

PL

M (2002)

M (2002)

L

L

L

3

 

Latvia

M

M

M

L

L

L

2

 

Lithuania

M (2003)

M
(2003)

L

L

L

L

3

 

Poland

PL

PL

M
(2003)

L

L

L

3

 

Republic of Macedonia

M
(2006)
M
(2006)
M
(2006)
M M M    

Romania

M (2003)

M
(2003)

M
(2003)

L

L

L

2

Telecommunications Development Program 1991-2005. Targets for the year 2005 include : increase the average penetration rate from 11% to 30%, create a high speed national data network, encourage radio link solutions, improve basic services provided to rural areas, ...

Slovenia

M (2001)

M (2001)

M (2001)

L

L

L

2

 

3.2 Data and Internet access services

Data and Internet access services are liberalised in nearly all the Central and Eastern European countries. The booming market for Internet services has attracted an important number of Internet service providers (ISP). For example, there are about 150 ISP in Poland, 9 major ISP in Estonia, over 20 major ISP in Romania, 23 ISP in Latvia, … The players are both national or international. It is probable that certain ISP will impose themselves in the future, as was the case in the EU.

The explosion of the Internet market should accelerate the process of network liberalisation. In countries like Poland or Estonia, leased lines and cable TV networks are liberalised for the provision of Internet backbones. However, in a lot of other countries, leased lines and alternative infrastructures remain under the monopoly of the historic operator.

3.3 Fixed public voice services and infrastructures

In the European Union, fixed public voice services and infrastructures were liberalised in 1998 (Portugal and Ireland having a delay, 2000, as well as Greece, 2003). The full liberalisation of the market in the Central and Eastern European countries is occurring with a relatively short time delay, 3 years (2001) and 5 years (2003).

However, in countries like Albania and Poland, fixed public voice network operators are authorised in rural areas in order to guarantee universal access to basic services to the more remote populations.

It is worth noting that national long distance and international public voice services should be partially liberalised in Poland as soon as the second half of 1999.

Timetable of the liberalisation of fixed public voice services and networks


Please note that this report has been prepared under the sole responsibility of the
ESIS II contractors.
It does not necessarily reflect the views of the Commission, nor does the Commission accept responsibility for the accuracy or completeness of information contained herein.
The ESIS Team of contractors welcomes any additional information or corrections.