CRA (Communications Regulatory Agency)

The Communication Regulatory Agency, in charge of regulating the communications sector, was originally established in March 2001 by the decision of the High Representative, combining the competencies of the Independent Media Commission (originally responsible for regulating broadcasting) and the Telecommunications Regulatory Agency (in charge of telecommunications). The CRA thus has responsibility for both broadcasting and telecommunications area.
The Communication Regulatory Agency is the independent regulatory body of Bosnia and Herzegovina. The main duties of the Agency are set by the Communications Law (Official Gazette of BiH, No. 31/03) of Bosnia Herzegovina entered into force in 2002 which confirmed the mandate and responsibilities of the RAK.
Adopting a convergent approach, the Law has a wide scope including telecommunications, radio, broadcasting (including cable television) and associated services and facilities.

The Law gives the RAK wide responsibilities in the sectors of the convergence market, broadcasting and telecommunications along with the frequency spectrum management:
a) regulating broadcasting and public telecommunications networks and services, including licensing, tariffing, interconnection, and defining the basic conditions for the provision of common and international communications facilities; and
b) b) planning, co-ordinating, allocating and assigning the use of the radio frequency spectrum.

The Law also establishes a number of basic regulatory principles which should define the scope of action of the Agency and guide its activities in the regulation of the sector:

a) The protection of freedom of expression and diversity of opinion while respecting generally accepted standards of decency, non-discrimination, fairness, accuracy, and impartiality;
b) The development of professional and viable commercial and public broadcasters with the intention of striking an appropriate balance between the two;
c) The principle that broadcasters shall be separate from political control and manipulation, so as to strengthen democratic principles and the foundations of a market economy;
d) The principle that licences shall be awarded on the basis of a process by which appropriate professional standards of programme content, technical operation and financing are ensured;
e) The principle that broadcast advertising shall be regulated so as to be consistent with best European practice.
The main duties of the Agency are:
a) to promulgate rules on broadcasting and telecommunications, and ensure adherence thereto;
b) to license broadcasters and telecommunications operators pursuant to the provisions of this Law, and monitor their compliance with licence conditions;
c) to plan, manage, allocate and assign frequency spectrum and monitor the use of it as well as to maintain and publish a frequency usage plan for the whole territory of Bosnia and Herzegovina;
d) ) to require the disclosure of such information as is necessary for the due performance of its regulatory obligations;
e) to apply technical and quality standards, for example to ensure interconnection and functionality of public telecommunications networks and telecommunications services;
f) to establish and maintain a technical licence fee system for both broadcasting and telecommunications; and
g) such other duties as are assigned to it under this Law or by the Council of Ministers.

According to article 36 of Communications Law the Council of the Agency and the Director General are bodies of the Agency and have specific duties established by the Law. Generally speaking, the Director General is in charge of adopting decision concerning individual cases, whereas the Council, on top of approving strategy documents, adopts rules and other acts.

It consists of seven members appointed by the Parliament of Bosnia and Herzegovina among local experts and professionals to ensure the independence of the regulator. The Council makes decisions by consensus. In exceptional cases, when consensus cannot be achieved, a simple majority decision is enough provided that at least four members are present and vote. The Council guides the Agency with regard to strategic issues. According to the Law, the Council adopts the codes of practice and rules for broadcasting and telecommunications and serves as an appellate body for decisions issued by the Agency.

The Communications Regulatory Agency

Director General :  Draško Milinović 

Specifically, the Director General is nominated by the CRA Council and is approved by the BiH Council of Ministers. The Director is responsible for all the Agency’s key functions in accordance with the Law on Communications, and manages day-to-day operations including implementation of relevant laws and policies, technical oversight, industry affairs and staffing. The Director General’s term runs for four years and may be renewed once. Director General is appointed in accordance with his/her professional qualifications through the public announcement and is selected by CRA Council.

According to Article 40 of the Law on Communications, officials with legislative or executive functions at any level of Government, or members of political party organs, are barred from being nominated for the position of Director General. Neither can the Director General have any financial relationship with a telecommunications operator or a broadcaster.

The basic organizational units of the Agency are the Cabinet of General Director, sections, and divisions.

The structure of the Agency is organised into main Divisions Broadcasting, Telecommunication, General and Legal Affairs, Monitoring and management of Radio Frequency Spectrum, as well as the sectors: Public Affairs and two Regional Offices in Mostar and Banja Luka.
In total it has 118 staff members who are employed in accordance with professional qualifications. The Agency’s employees are not civil servants.