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ANCOM Publishes Today the Framework-Agreement for the Access of the Providers of Public Electronic Communications Networks on the Private Property

30.04.2013

 

Today, the National Authority for Management and Regulation in Communications (ANCOM) has published on its website the Framework-Agreement for the access on the private property for the purpose of the installation, maintenance, replacement or relocation of public electronic communications networks or of the associated supporting infrastructure elements, according to its attributions pursuant to Law no.154/2012 regarding the regime of the electronic communications networks infrastructure.
For the purpose of the installation, maintenance, replacement or relocation of public electronic communications networks, the providers of public electronic communications networks will not have access on a private property unless they have concluded a contract therefor, in authenticated form, with the holder of the right of property or of administration, with the owners’ association (for spaces of joint tenancy in condominium buildings), or with the holders of the right of commodatum /lease/concession over the respective building.
The framework agreement for access on private property will help both the providers of public electronic communications networks and the holders of the right of property/administration/commodatum /lease/concession over the private buildings, as an additional legal guarantee during the stages of negotiation of the agreements for access on private property for the purpose of the installation, maintenance, replacement or relocation of public electronic communications networks or of the associated infrastructure elements.
The standard contract proposed by ANCOM reflects the provisions of Law no.154/2012 regarding the conditions of access on private property and includes, among others, provisions regarding the rights and obligations of the parties to the contract, contract duration and contract termination, tariffs and payment modalities etc.
With a view to exercising the right of access on private property, the providers will submit a contract conclusion request, in writing. The request must contain the following: the requester’s identification and contact data, the network and infrastructure elements to be located on the respective property, the estimated duration of the works, and the conditions under which the maintenance and repair works of the networks and infrastructure elements to be installed are to be conducted.
The law provides that a holder of the right of property/administration/commodatum/lease/concession over a private building cannot deny access to a provider of public electronic communications networks, if all the conditions provided in Art. 5(1) of Law no.154/2012 are met, except where soundly justified reasons concur.The maximum negotiation term of such a contract is 2 months from the date of receiving a request. Where a contract of access on private property cannot be concluded within this deadline or in case of denial of the right of access, any of the parties may address the competent court, which can issue a decision that replaces the contract between the parties.

The Framework Agreement elaborated by ANCOM is intended as a recommendation and aims, mainly, at structuring and popularizing the rights and obligations of the providers of public electronic communications networks as regards access on private property, while observing the principles that govern the right to private property.