5G regulation and law in Montenegro

5G service became available in Montenegro in 2023.

By early 2021, the technical and regulatory framework for the use of radio frequencies to implement 5G mobile networks was fully established. This applied to both the bands already allocated to mobile operators and the pioneering 5G bands. Subsequently, in early 2022, the allocation process for free radio frequencies in the 2 GHz and 2.6 GHz bands was completed, enabling mobile operators to use part of their existing resources for 5G implementation with dynamic spectrum sharing (DSS) technology.

In April 2022, Crnogorski Telekom and One Crna Gora, followed by Mtel in July of the same year, received temporary permits to use radio frequencies in the 3.6 GHz band for 5G pilot projects aimed at testing 5G technology. Testing of 5G technology in the 3.6 GHz band lasted until the issuance of permits for frequency use in February 2023.

Simultaneously, the telecommunication regulator prepared the auction process for radio frequencies in the pioneering 5G bands. The public auction for granting permits to use frequencies in the 700 MHz, 3.6 GHz, and 26 GHz bands for public mobile electronic communications networks was conducted between October and December 2022. Permits for the 700 MHz and 3.6 GHz bands were issued to mobile operators in February 2023, while frequencies in the 26 GHz band remained unallocated. In March 2023, Crnogorski Telekom and One Crna Gora, followed by Mtel in May, launched their first NR radio base stations in the 3.6 GHz band in Podgorica. The allocation of frequencies in the pioneering 5G bands, particularly in the 3.6 GHz band, created conditions for developing 5G networks capable of providing data transmission speeds in the order of gigabits per second and, at a later stage, other services characteristic of 5G. By the end of 2023, 5G services using the 3.6 GHz band were available in urban areas of Bar, Budva, Herceg Novi, Kotor, Nikšić, Podgorica, and Tivat.

It is estimated that 5G networks will reach full capacity only by the end of this decade.

In December 2022, there was a spectrum auction of the 5G frequencies. The tender documentation includes, among others, specific coverage requirements and 5G network deployment obligations.

In the early stages of the 5G roll-out, in 2016 and 2021, EKIP awarded frequencies in the 900 MHz, 1800 MHz, 2 GHz, and 2,6 GHz bands to boost 5G availability with its existing 4G LTE service. For example, in 2022 Crnogorski Telekom started to provide 5G commercial services in the capital city of Podgorica based on DSS technology that allows operators to allocate part of the 4G LTE spectrum to 5G.

The main criterion was winning the auction with the highest bid. The spectrum was awarded by a system of a competitive auction. The auction process was conducted in two phases: initial bidding phase for generic blocks, and the allocation phase, a single-round sealed bid auction for a specific location of the blocks in the band. The initial phase was split into auctions for reserved (pre-auction) and unreserved licenses (main auction phase). The pre-auction phase was based on a Simple Clock Auction whereas the main auction phase was conducted in the combined format of a simple "clock" bidding (and bidding through sealed bids.

The successful operators are obliged to make available 5G service in every municipality in Montenegro by the end of 2024, to cover at least 50% of the total population by 5G by the end of 2026, and to provide a continuous network signal coverage of all populated places, highways, and main roads by the end of 2030.

The bidders need to pay EUR 8,836,146.00 (USD 9.2m).

There is a long-term spectrum allocation plan, and no future tenders have been announced.

Besides the award rules for nationwide 5G spectrum published on 26 October 2022 and the rules on sharing of passive infrastructure for deployment of high-speed broadband networks, no 5G-specific rules have been drafted.

No 5G network sharing or spectrum sharing agreements are in place yet.

The award rules for nationwide 5G spectrum do not contain network sharing or spectrum sharing provisions. However, according to the law on sharing physical infrastructure for the purpose of deployment of high-speed communication networks, operators of the high-speed networks (i.e, an electronic communication network  capable of delivering broadband access services at speeds of at least 30 Mbps) are obliged to conclude access agreements with service providers unless the access does not seem to be technically suitable in which case the operator may refuse the access.

The Montenegrin government has made no specific comments on 5G cybersecurity and the potential use of Chinese technology. There are no legislative restrictions on the possible use of Chinese technology.

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