03.12.2018

The Decision of the President of the National Authority for Administration and Regulation in Communications no. 997/2018 on the maximum tariffs that may be levied for exercising the right of access on, above, in or under the public property was published in the Romanian Official Journal, Part I, no. 1013/29.11.2018. The Decision establishes the maximum level of the tariffs that may be charged on electronic communications network operators for exercising the right of access to, above, in or under public property owned by central or local public administration authorities.

Scope of application

The ANCOM decision applies to public institutions, including central or local public administration authorities, as well as to any other entities that exercise the right of administration over the public property of the state or of the administrative-territorial units and that do not have infrastructure for providing public utilities or transport services.

The tariffs set out in the decision will be paid by the providers of electronic communications networks interested in obtaining access to the buildings owned by the above-mentioned public institutions or entities.

Provisions of the decision

The decision provides that the tariff for exercising the right of access to infrastructure elements such as antennas, cabinets, technical rooms, drawing rooms, pipelines, base stations, pillars, poles, towers, other equipment and physical support infrastructures, including cables and cases to which other types of access than those provided in the decision annex apply, cannot exceed zero RON. Moreover, the decision sets maximum positive tariffs for 48 types of access.

Until 27 January 2019, for public property buildings where works for access to property have been carried out, the entities concerned will publish, amend or complete the conditions (including maximum tariffs) under which the right of access to public property, as well as the documents that the applicant is required to submit as proof of fulfilment of these conditions.