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The technical and economic conditions for access to the Netcity infrastructure have been agreed

16.01.2019

“The adoption of this decision brings to completion a very complex process spanning several years in the context of the new legislation adopted in the field of electronic communications network infrastructure. I hope that, in the coming months, we will all witness the changes this decision is to bring about in Bucharest. The decision fosters real competition in the capital city, triggering more attractive prices and competitive services”, declared Sorin Grindeanu, president of ANCOM.

Netcity’s obligations

Netcity has the obligation to provide access to infrastructure under equivalent conditions for all the providers of public electronic communications networks that require or already have access to infrastructure if they act under equivalent circumstances. Where the developer grants more favourable conditions to a provider, then it has to grant the same conditions to all the providers on a non-discriminatory basis. Furthermore, Netcity has the obligation to provide access to infrastructure to third parties (providers) under at least the same conditions, including quality-related, as the ones it applies to itself or to the legal entities in the same group, and to process the requests for access to infrastructure or the requests for information submitted by providers, within the same time interval.

The project developer has the obligation to publish, on its website, information such as: the location of the ducts (list of streets and buildings or land plots covered by the network), the technical conditions for access and the corresponding tariffs, the rules for the efficient use of the ducts, the term for processing access requests and the quality indicators for the provision of access services.

Netcity has the obligation to publish also the framework contracts for access to physical infrastructure and to make available to the interested providers a contact point for providing information and managing access requests.

Access requests may be rejected only for objective reasons involving technical impossibility, lack of available space, damage to the integrity and security of networks already installed, or the risk of significant interference caused by the provision of services on the network elements to be installed.

The developer must make available, to interested providers, the following services: access to sub-duct at the transport level, access to sub-duct at the distribution level and dark fibre at the distribution level.

Netcity’s contracts in force must be brought in line with the provisions of the ANCOM decision within 60 days from the date of communication of the decision.

Tariffs charged by Netcity

With a view to providing for each operator to pay according to the actual length of the infrastructure used and following the comments received during the public consultation period, ANCOM reviewed the structure of tariffs and replaced the per-piece pricing method, by a per-meter pricing method, depending on the actual length of the infrastructure element being accessed.

Thus, the maximum tariffs charged by NETCITY TELECOM will not exceed:

- 73.16 euro/km/month for access to sub-duct at the transport level;

- 0.224 euro/metre/month for access to sub-duct at the distribution level;

- 0.277 euro/metre/month/fiber optic pair for dark fibre at the distribution level.

The tariffs for access to sub-duct will be multiplied by 1.27 where coaxial cable is being installed, respectively by 1.5 where twisted metallic pairs are being installed.

The maximum tariffs set do not include VAT.

Conclusion of access contracts

Contracts for access to infrastructure concluded between the providers of public electronic communications networks and Netcity will be concluded within 30 days from the reception of the access request, while negotiations for amending or completing a contract cannot exceed 15 days from the date of receiving a request.

The duration of a contract for access to infrastructure is established by negotiation between the parties and may range from 3 to 5 years.

Entry into force of the Decision

The Decision on setting and imposing the technical and economic conditions for access to the physical infrastructure of “NETCITY TELECOM” S.R.L. based on the Concession Contract no. 4390/02.06.2008, concluded with the Municipality of Bucharest (available in Romanian) entered into force on 15 January 2019, when it was communicated to Netcity, and has a binding character.