24.08.2012

ANCOM proposes amendments and completions to the decision on the general authorisation regime for the provision of electronic communications networks and services, in order to reflect the provisions of the new legislative framework for electronic communications, as well as to remedy certain deficiencies or ambiguities encountered in practice. The most important amendments and completions regard the security and integrity of electronic communications networks and services, the provision of emergency electronic communications services, the terms of use for numbering resources, the technical conditions for the retransmission of audiovisual programme services, respectively the content of the description file for networks and services.

Another set of amendments and completions refer to the obligation of sending the notification regarding the provision of electronic communications networks and services. Thus, a new exemption from this obligation has been introduced, for the operators of Satellite-Global Mobile Personal Communications (G-MPCS/S-PCS), and clarifications have been brought to the conditions for fulfilling this obligation in the case of foreign persons who intend to provide electronic communications networks and services in Romania.  

The amendments and completions regarding the security and integrity of electronic communications networks and services reflect the provisions of the new primary legislation, with a view to ensuring a safer electronic communications environment. The reviewed General Authorisation Regime is also aimed at triggering the providers’ responsibility for the security and integrity of all the electronic communications networks and services, respectively for informing the users on security incidents.

Furthermore, ANCOM proposes extending the obligations regarding the implementation of steps for ensuring network integrity and service continuity in health- or life-threatening situations to all the providers of electronic communications networks and services. The proper fulfilment of these obligations could also facilitate communications among the public authorities in charge of disaster management.

This draft decision is a first step in opening the possibility that even providers of public electronic communications networks could benefit from the right to use certain numbering resources. ANCOM is to regulate the actual terms under which these providers can obtain licences for the use of numbering resources.

Moreover, to better serve the end-users’ interest, ANCOM stated the providers’ obligation not to restrict, on own initiative, the users’ access to certain numbering resources, except in case of fraud or abuse. This obligation has been designed to avoid situations in which the end-users could be prevented from accessing numbering resources of a certain format or assigned to a certain provider of content services. Fraud or abuse situations are exempted, since blocking certain numbering resources under such circumstances would benefit the end-users. Nevertheless, these provisions do not affect the end-users’ right to require restricted access to certain numbering resources.

At the same time, this draft decision proposes establishing a set of technical parameters for the electronic communications networks used for the retransmission of audiovisual programme services, with a view to setting the premises for a framework for protecting the end-users’ interests in relationship with the service providers.

The draft decision on amending and completing the ANCOM President’s Decision no. 338/2010 on the general authorisation regime for providing electronic communications networks and services is available for consultation in Romanian on the ANCOM website, here. The interested persons are invited to send their comments and suggestions, by 08.10.2012, to the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, directly to the ANCOM Registry Office or to the ANCOM regional divisions. Comments may also be sent by fax to +40 372 845 404 or by e-mail to: consultare@ancom.org.ro.