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First step to setting maximum tariffs for access on public property

29.11.2017
 
 
ANCOM launches a public consultation regarding the establishment of homogeneous categories of access on public property with a view to setting maximum tariffs. These homogeneous categories are established according to various criteria, such as the geographic or demographic features, or the economic conditions for exercising the right of access on public property. This is a first step in the process of setting maximum tariffs for the electronic communications network providers’ access on public property.
 
Provisions of the Infrastructure Law
Law no. 159/2016 on the physical infrastructure of electronic communications networks provides that entities exercising administration right over public property, including central or local public administration authorities, are required to publish the conditions for access on such properties, including the maximum tariffs to be charged on the providers of electronic communications networks for such access.
According to the same legal provisions, ANCOM adopts the maximum tariffs for access on the public property of the state and of the administrative-territorial units according to a detailed methodology that determines these tariffs based on the network and infrastructure elements that are installed on, over, in or under certain public property real estates, taking into account the market value of using the affected goods, with due regard to the principles of transparency, objectivity and non-discrimination.
 
Need to establish homogeneous access categories
The conditions - including tariff-related - under which access on public property can be granted  for electronic communications networks are directly or indirectly influenced by a variety of factors, such as demographic conditions (e.g. number of inhabitants and population density), the positioning of the property that may be envisaged for access, the existing physical infrastructure, the technical solution for access or the typology of electronic communications networks and their equipment with different positioning needs.
In this context, it is necessary to establish thresholds in the evolution of the determining factors, which are necessary for defining relatively similar evolution characteristics, respectively for identifying so-called "homogeneous categories", based on the relevant determining factors. 
 
Homogeneous categories proposed by ANCOM
The homogeneous categories were defined starting from the positioning of the property over which the right of access on public property is exercised, the size of the locality where the property is located, the population density, the typology of the electronic communications networks and of the associated infrastructure elements for which the access right is requested, etc. These categories will be identified within a matrix capable of determining all the possible access combinations.
The list of homogeneous categories proposed by ANCOM is available here.

Establishing maximum tariffs for access on public property
Identifying, defining and using relevant homogeneous categories to reflect as accurately as possible the reality and complexity of the conditions under which electronic communications networks can access public property is a first step in the process of setting the tariffs for the access of public electronic communications networks on public property.
A second step will be to develop a detailed methodology for setting the maximum tariffs for access on public property, followed by a third step, when the amount of these maximum tariffs will be determined.
The last two steps will be subject to a new public consultation process, expected to take place in April 2018.
 
Public consultation process
The document on establishing the homogeneous categories as regards the geographical and demographic characteristics and the economic conditions for exercising the right for access on public property, as well as the list of categories, are available, in Romanian, here. The interested persons are invited to submit their comments and suggestions, by 18.12.2017, 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