5G regulation and law in Serbia

1. What is the state of 5G deployment in your country?

Currently, 5G technology is not available in Serbia.

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

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3. Has 5G been launched for industrial purposes? For which sectors?

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4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

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5. What public tenders have awarded spectrum licences? 

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5.1 What were the criteria for awarding each of the tenders?

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5.2 What are the conditions of the spectrum licence? 

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5.3 What is the price and how is it calculated?

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6. Is there a long-term spectrum plan or announcements for future tenders? 

The government has adopted a general Allocation Plan for Radio Frequency Spectrum Use as well as three specific allocation plans, reserving 700 MHz (694-790 MHz), 2500-2690 MHz and 3400-3800 MHz frequency bands for IMT-2020 purposes. 

The 5G auction, initially planned for 2021 but now expected to take place in 2023, will be for 3500-3800 MHz frequency bands. The Ministry of Telecommunications has yet to define the minimum conditions for granting individual spectrum licences.

Meanwhile, the Regulatory Agency for Electronic Communications and Postal Services (“RATEL”) granted temporary user rights in the 3400-3800 MHz frequency bands.

7. If 5G specific rules are drafted, what do they say?

There are no 5G-specific rules.

8. What focused 5G network or spectrum sharing regulation exists?

There are no issues in the implementation of 5G projects because the technology is not yet available.

9. Are 5G network sharing or spectrum sharing agreements in place? 

There is no focused 5G network or spectrum sharing regulation in place.

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

There are no 5G network sharing or spectrum sharing agreements in place.

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There are no specific rules on infrastructure sharing, apart from the general provisions in the Electronic Communication Law, which says operators must negotiate with others. Any spectrum sharing agreements, however, must be approved by RATEL.

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There are no formal legal restrictions. In September 2020, Serbia and Kosovo signed an agreement to normalise economic ties with strong support from the US government. This includes a commitment by both parties not to use 5G equipment supplied by “untrusted vendors” in their communications networks or to remove such equipment if it is already installed. 

The authorities have not defined the phrase "untrusted vendors", which many interpret as a euphemism for Huawei. The Chinese tech player holds a temporary licence to use the 3400 MHz (transmitting frequency) and 3600 MHz (receiving frequency) bands. 

Officials questioned this speculation, saying that Serbian 5G auctions will be transparent and technology-neutral, so that all operators have the right to purchase equipment from any manufacturer.

Portrait ofSrđan Janković
Srđan Janković
Counsel
Belgrade