11.09.2018

In Consultative Council session, ANCOM together with the industry debated and adopted the Decision on setting the technical and economic conditions for the access of electronic communications public networks providers to RCS&RDS’ physical infrastructure in Oradea.  The Decision will enter into force as soon as it has been communicated to RCS&RDS.

The technical and economic conditions for access to RCS&RDS’ infrastructure

Given that RCS&RDS’ infrastructure in Oradea has been built with the support and participation of the local public administration, the technical and economic conditions under which access to this infrastructure is achieved are subject to approval or, in this case, are set and imposed by ANCOM.

Thus, RCS&RDS has the obligation to grant access to infrastructure to all the providers requesting it, under the conditions set by ANCOM. These conditions also apply to providers already benefiting from access to RCS&RDS’ infrastructure. ANCOM has set the access conditions in compliance with the principles of non-discrimination, proportionality and objectivity.

Tariffs

The Authority’s Decision provides that the tariffs charged by RCS&RDS cannot exceed 84.1 euro/km/month for the main pipe rental service, 1 euro/piece/month for the connection pipe rental service, 2.56 euro/0.014 m3/month for the manhole/handhole rental service and 13 euro/hour/location for the technical assistance service. Where copper cabling is involved, the tariffs for the former two services are to be adjusted in proportion to the section of such cables. Maximum tariffs do not include VAT.

RCS&RDS’ obligations

RCS&RDS will have to publish, on its own website, a reference access offer including thorough essential information about infrastructure, and a standard infrastructure access agreement. Both the reference access offer and the standard access agreement must be in line with the conditions set by ANCOM. The company must bring the ongoing contracts in line with the provisions of this decision within 60 days from the communication date of the ANCOM decision.

Upon the Authority’s request, RCS&RDS has to amend the reference offer, the standard access agreement, or the request for access to infrastructure, in order to comply with the decision provisions. The operator must also provide a contact point for managing the infrastructure access requests and for answering to the interested providers’ information requests.

In order to ensure the transparency of infrastructure network management, RCS&RDS will publish an updated inventory of the infrastructure elements’ available space.

Another obligation concerns ensuring certain response time and fault repair time from the instant a fault has been reported to the service provider, based on the respective type of malfunction of the infrastructure network. Should RCS&RDS fail to comply with the failure remedying terms, it will have to give the affected provider a compensation calculated based on the amount of the monthly invoice owed by the supplier for the use of the respective infrastructure elements.

RCS&RDS has the obligation to redistribute, on a quarterly basis, the actual expenses on revenue-related fees due to Oradea Municipality, taking into account the revenues obtained from the access beneficiaries, as well as the hypothetical revenues obtained as a result of the provision of access infrastructure for a provider’s own network.