On 19.05.2008 the Albanian Parliament adopted the law no. 9918 “On Electronic Communications in Republic of Albania” (the “Law” and or “Law 9918/2008”). This law replaced the previous law no. 8618 dated 14.06.2000 “On Telecommunications in Republic of Albania”.
The Law 9918/2008 lays down the principles of an open market of the electronic communications in Albania. It aims to promote the competition and the efficient infrastructure on the electronic communications based in the principle of the ‘neutral technology’. It insures the necessary and appropriate services in Albanian territory, in order to prevent the distortion of the competition in the electronic communications market. The Law is based in the regulatory package of the European Union on electronic communications (2002).
The content of the electronic communications and the radio television broadcasting transmission services are not subject to the Law.  
The market players (“Providers” and/or “Undertakers”) are eligible to offer networks and electronic communications services upon General and/or Individual Authorization replacing the licensing procedure of the abrogated law. The Individual Authorization is restricted only by the insufficiency of the end-sources, such as numbers and frequencies.   

2. Regulatory and Competition Authorities
The Law brings innovations to the Electronic Communications and Mail Authority (“ECMA”), previously known as the Telecommunications Regulatory Entity. ECMA is the regulatory which supervises both the electronic communications and mail services(1) market. ECMA encourages the competition ensuring to all categories of users qualified electronic communications services, subject to tariffs non superior to the average tariffs applicable of the European Union countries. It is based in the principle of transparency, non-discriminatory and proportional rights, conditions and procedures regarding to the providers of networks and electronic communication services.  
ECMA is obliged to collaborate with the Albanian Competition Authority for the issues relating to applicability of competition law affecting the market of electronic communications and the mail services.


3. Licensing
The General and Individual Authorization replaced the licensing procedure foreseen in the abrogated law.  Any Providers are free to offer networks and electronic communications services upon Authorization, which is done:

1. Through written notification addressed to the ECMA along with certain required documents, in case the offer of networks and electronic communications services does not requires use of end-sources(2). ECMA registers in the electronic database the provider within 15 days from the notification confirming in writing to the provider the registration in the electronic database. The registration is considered done, in case the ECMA is silent on confirmation elapsing the period of 15 days.  
2. After notification and granting the right to use the end-sources in case the offer of networks and electronic communications services requires such sources.

4. Provider/s of Significant Market Influence
The Law considers as provider/s with significant market influence (“PSMI”) in case alone or with others maintains an economic position enabling him/them a significant expansion, despite the competitors, clients or end-users in the market.
ECMA decides on selection of the PSMI based in market periodical analyses(3) and certain criteria, such as the volume of the provider/s compared with the pertaining market, evolution in time of the provider/s toward the market players and etc.

5. Access and Interconnection
Specific obligations are imposed on Providers of electronic communications and services according to Law by virtue of their significant market influence. The PSMI is obliged to offer the third parties access and interconnection on basis of good faith negotiations between parties. Further it imposes the obligation to lease certain number of lines based on the principle of ‘cost orientation’ and transparency.      
The Undertaker of the public electronic communications networks are obliged to provide an interconnection offer to other undertakers’ in order to ensure the communication between end users and offer service interoperability to all community, within 30 days receiving the due payment.  
ECMA reserves the right to enforce the access and interconnection in case the Undertakers fail to negotiate the terms of the interconnection agreement within 45 days from the request for access and interconnection.  

6. Tariffs and Consumer Regulation
Innovations are made regarding the tariff settings. Differently from the previous(4) the Law 9918/2008 provides to the Undertakers the right to set up the tariffs of the electronic communications services based in the principles of cost orientation, non discrimination of the end users and prevention of the non competition behaviors in the electronic communications and services market. Nevertheless, ECMA reserves the right to change or impose the tariffs of electronic communications services.
The Undertaker of the public electronic communication services must publish the tariffs of services and inform on media for three consecutive days any amendments at least seven days before their applicable.

7. Universal Services Obligation
The Law ensures the universal service that is to say, the provision of a defined minimum set of services to all end-users in Albania territory, independently of geographical location, at an affordable price. The ECMA elects one ore more providers of the universal services, based on the open bid procedure. The provider/s of the universal service are obliged to insure to the end-users to make and receive local, national and international telephone calls, facsimile communications and data communications, at rates that are sufficient to permit functional Internet access and the possibility of the detailed billing of the services used by them.  
The provider/s of the universal services is eligible of compensation from founds administered by ECMA in case the service offered creates unfair addition costs.

8. Final Provisions    
The Law entered into force on 25.06.2008. All Licenses granted according to the previous shall remain in force for a period of six month from the entry into force of this law.