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ANCOM takes further steps in implementing the law on electronic communications networks infrastructure

07.08.2017
 
 
The National Authority for Management and Administration in Communications of Romania (ANCOM) launched, for public consultation, a draft decision regulating the format and manner of the electronic communications network providers’ sending documents and information on exercising the rights of access on public or private property. Moreover, the draft decision details the deadlines for sending each category of documents and establishes the terms under which the providers have access to the information sent to ANCOM.
 
What the providers should report
Electronic communications network providers exercising the right of access on public or private property must send ANCOM a copy of each access contract or – as applicable – of each final Court’s decision standing as a contract, as well as of the documents that amend or complete them.
Furthermore, electronic communications network providers must send information on the identification data of the building within the scope of each right of access, the amount of the price or of the tariff and the unit of measurement per which such tariff is calculated, that need to be made available to the providers in order to ensure the conclusion of access contracts under non-discriminatory conditions.
 
Reporting manner
Providers will send such documents and information by means of the online application made available by ANCOM. Such data and documents are to be sent in electronic format, in a secure manner, using an electronic signature based on a qualified certificate.
 
Reporting deadlines
Information on access contracts or, as applicable, on the final Court’s decisions standing as contracts, as well as the documents amending or completing them, concluded – respectively issued – before the entry into force of the decision will be reported within 90 days from that date.
Information on the contracts concluded and respectively on the final Court’s decisions issued after the entry into force of the decision will be reported within 10 days from the conclusion/communication date. Information on the amending or completing documents concluded, respectively issued, after the entry into force of the decision, will be sent within 10 days from their conclusion/communication date.  
 
Online application for accessing information sent under the decision
With a view to ensuring non-discriminatory conditions for exercising the right of access on public or private property buildings, ANCOM will make available to the providers of electronic communications networks all the data reported according to this decision, by means of an online application available on its website.
 
Sanctions
ANCOM will sanction failure to report such information and documents in compliance with the deadlines, format and manner of submission by fine ranging from RON 1,000 to RON 100,000.
 
Law no. 159/2016
The draft decision launched for public consultation is part of the process of putting in place secondary legislation for the implementation of Law no. 159/2016 regarding the regime of the physical infrastructure of electronic communications, as well as for the establishment of measures reducing the installation costs for electronic communications networks.
The law lays down the conditions under which a provider may have access to public or private property for the purpose of performing construction works on the electronic communications networks and on the associated facilities, access to the physical infrastructure of network operators (utility providers, railway and road transport infrastructure etc.) and build electronic communications networks and associated facilities.
 
Public consultation
The draft decision on establishing the format and manner of the electronic communications network providers’ sending documents and information on exercising the rights of access on properties, on establishing the access conditions, and on amending and completing certain regulations for sending such documents and information is available for consultation, in Romanian, here. The interested persons are invited to submit comments and suggestions, by 21.09.2017, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, directly to the ANCOM Registry Office or by means of the Authority’s Regional Divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro. 
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