Industry

Notification procedure

 

The authorisation procedure in view of gaining the right to provide public electronic communications networks or publicly available electronic communications services is free.

 

 
 

The persons who should submit the notification

 

Any person intending to start an activity consisting of the provision of public electronic communications networks or publicly available electronic communications services has the obligation to send ANCOM a notification on this intention, on the day of starting such activity at the latest.
 
 

The notification

 

The requester will necessarily make the notification by filling in and sending the original notification standard form (Annex no.2) (Romanian version to be filled in, English version only for information purpose), and enclosing the necessary documents, as case requires, which are part of the notification.
 
 

Romanian requesters

 

 
If you are a Romanian undertaking, you must attach to the standard notification form (Annex no.2) (Romanian version to be filled in, English version only for information purpose) the following documents:
  • copy of the registration certificate issued by the Trade Register (74 Unirii Blvd., Bucharest, sector 3, section 2+3, block J3B, switchover: +4021.316.08.17; 316.08.18; 316.08.24; 316.08.26, direct telephone to the secretariat of the management: telephone +4021.316.08.04, fax: +4021.316.08.03; public working hours: Monday to Friday 8:00 – 16:00), comprising the unique registration code of the legal person or of the authorised natural person, of the individual enterprise or of the family association, as the case may be;
  • proof of the capacity as a representative of the requester for the person indicated in the notification standard form (e.g. copy of the constitutive act, with all the subsequent amendments and completions / acknowledging certificate issued therefor by the Trade Register Office / mandate / power of attorney etc.);
  • copy of the identity act of the requester, if an authorised natural person or an individual enterprise;
  • the description file for networks and services (Annex no.3).

If you are a Romanian legal person and do not have the capacity of an undertaking, you must attach to the standard notification form (Annex no.2) the following documents:

  • copy of the fiscal registration certificate, as well as copy of the certificate of registration with the Register of Associations and Foundations or with the Register of Federations, as the case may be;
  • proof of the capacity as a representative of the requester for the person indicated in the notification standard form (e.g. copy of the constitutive act, with all the subsequent amendments and completions);
  • the description file for networks and services (Annex no.3) (Romanian version to be filled in, English version only for information purpose).

 

Foreign requesters

 

If you are a foreign person with headquarters in the Member States of the European Union or of the European Economic Area, or if you are a foreign person with headquarters in a third state, established in Romania, you must attach to the standard notification form the documents provided in the previous paragraphs, as appropriate.

When you intend to provide services via a secondary point of work without legal personality (i.e. the branch), in addition to the documents specified in the paragraphs above, as the case may be, you must send the documents required to identify the parent-company, in copy, and, respectively, translate by an authorised person.

If you are a foreign person with headquarters in the Member States of the European Union or of the European Economic Area but you are not established in Romania, you must attach to the standard notification form (Annex no.2) (Romanian version to be filled in, English version only for information purpose) the following documents:

  • copies and authorised translations in Romanian of the documents equivalent to those provided in the previous paragraphs, issued in accordance with the legislation of the native Member State;
  • designation of a contact address in Romania for receiving the correspondence in relation with ANCOM (optional but advisable);
  • designation of a person mandated to act on the requester’s behalf in relation with ANCOM and identification documents for this person, in copy, (optional but advisable);
  • the description file for networks and services (Annex no.3) (Romanian version to be filled in, English version only for information purpose);

 

All documents written in a foreign language sent to ANCOM by a requester or a provider must be accompanied by an authorised translation in Romanian.

 

 

The notification completion

 

The notification is deemed completed only if all the legal requirements related to the submission, form and content are met.

 

The requester does NOT have the right to provide public electronic communications networks or publicly available electronic communications services until the notification is completed!

 

 

The standard notification form and the description file for networks and services can be obtained from:

 

 

Submission to ANCOM of the standard notification form and of the relevant documents

 

The documents may be sent to the ANCOM headquarters in Bucharest or its territorial structure within the area where the requester’s/provider’s domicile or headquarters are located, only in one of the following ways:

  • by submission, personally or through a mandated representative, upon signature;
  • by mail;
  • in electronic format, by e-mail, having included, attached or logically associated an extended electronic signature based upon a qualified certificate that has not been invalidated or revoked at the respective moment, generated using a secured device for creating electronic signature (e-mail to relatii_cu_publicul@ancom.org.ro or sag@ancom.org.ro).

 

Legal effects of the notification

 

The person who submitted the notification according to the legal provisions is considered a provider of electronic communications networks or services for the types of electronic communications networks or services specified in the notification, gaining the rights and obligations under the general authorisation for the types of electronic communications networks or services specified in the notification, from the date indicated in the notification as the estimated date for starting the provision of the respective types of networks or services, but not earlier than the date when this notification is submitted.

Gaining the right to provide a certain type of electronic communications network does NOT entail gaining the right to provide another type of electronic communications network nor the right to provide electronic communications services. Moreover, gaining the right to provide a certain type of electronic communications service indicated in the notification does NOT entail gaining the right to provide another type of electronic communications service, nor the right to provide electronic communications networks.

 

 

Changes of the data included in the notification

 

Any modification of the data included in the notification shall be communicated to ANCOM within 10 days from the date of its occurrence, respectively, where applicable, from the date of its registration with the competent institutions, by means of a plain notification accompanied by the justifying documents, as the case may be.

 

The foreign person established in Romania subsequently to gaining the capacity as a provider has the obligation to inform ANCOM thereon within 10 days from the registration with the competent institutions, by means of a plain notification accompanied by the documents corresponding to the secondary headquarters.

 

Also, for modification related either to the provision of other types of electronic communications networks or services than indicated in the previous notification or to the estimated date for starting the provision, a new notification is necessary.