Ancom - ANCOM propune conditiile tehnice si tarifele pentru acces la infrastructura RCS&RDS in Oradea

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ANCOM proposes technical conditions and tariffs for access to the RCS&RDS infrastructure in Oradea

02.08.2018

ANCOM launches for public consultation a draft decision setting the technical and economic conditions for the electronic communications network providers’ access to the RCS&RDS’ physical infrastructure in Oradea. "For the first time, ANCOM establishes the access conditions, including tariffs, to the physical infrastructure built by an electronic communications provider with the support of the local public authorities. By this project, we aim at fostering innovation and ensuring the development of vivid competition, to the benefit of Oradea's communications service users", said Sorin Grindeanu, president of ANCOM.

Background

With a view to decommissioning aerial networks, in 2015 the Municipality of Oradea concluded a concession contract with RCS&RDS for building an underground duct system to allow the deployment of electronic communications networks and to provide access to the buildings within this city.

Given that RCS&RDS built the infrastructure in Oradea 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, as the case may be, are set and imposed by ANCOM. According to Law 159/2016, all the interested providers of public electronic communications networks should have open access to such infrastructure, in compliance with the principles of non-discrimination, proportionality and objectivity.

Technical and Economic Conditions for Access to RCS& RDS Infrastructure

RCS&RDS will have the obligation to provide access to infrastructure on equivalent terms to all the providers that are under equivalent circumstances and that request or already benefit from access to the infrastructure. If an infrastructure access contract stipulates more favourable terms for a provider, the same conditions will be offered to all the providers, on a non-discriminatory basis.

In order to avoid discrimination in granting access, RCS&RDS will have to publish on its website a reference offer and a standard infrastructure access contract with a sufficiently detailed description of the infrastructure access services offered, as well as the technical and economic conditions, including price, for each of these services.

In the draft decision launched for public consultation, ANCOM has also identified infrastructure access rules for carrying out necessary works or other operations, minimum quality indicators for access to infrastructure, and conditions for terminating access to infrastructure, as well as the maximum tariffs which RCS&RDS may charge.

Tariffs

In establishing the maximum tariffs, ANCOM considered the information submitted by RCS&RDS S.A, the provisions of the Terms of Reference and of the feasibility study corresponding to the concession contract as well as the Authority’s regulatory practice regarding the implementation of similar measures.

Thus, according to the Authority’s decision, the tariffs charged by RCS&RDS S.A. cannot exceed 80 euros/km/month for the main pipe rental service, 1 euro/piece/month for the connection rental service, 1.8 euro/0.007 m³/month for the manhole/handhole rental service and 13 euro/hour/location for the technical assistance service. Maximum rates do not include VAT.

Public consultation

The draft decision on setting and imposing technical and economic conditions for the electronic communications network providers’ access to the physical infrastructure built by RCS&RDS S.A. in the Municipality of Oradea is available for consultation, in Romanian, here. The interested persons are invited to submit their comments and suggestions, by 16.08.2018, at the ANCOM headquarters (2 Delea Noua Street, Bucharest 3), directly to the ANCOM Registry Office or by means of the ANCOM regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.