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The operators’ contracts for access to public or private property shall be sent to ANCOM

07.03.2018

 

“We have taken another important step in the implementation of Infrastructure Law, one of the Authority’s major multiannual projects, imposing on the electronic communications network providers a transparency obligation as regards the conditions - including tariff-related - agreed for access to public or private property.”, declared ANCOM’s President, Sorin Grindeanu.

Information to be provided

The providers of electronic communications networks exercising the right of access to public or private property have the obligation to send to ANCOM copies of all the access contracts or of all the final court decisions standing as contracts, as well as of the subsequent acts, where amendments occur.

Furthermore, they have to transmit certain information on these documents, such as the identification data of the real estate subject to the right of access, the price or tariff for access charged on the providers or the frequency of payments. Such information must be made available in order to ensure non-discriminatory conditions for access to public or private property for all the electronic communications network providers.

The information and documents reported under this decision will be transmitted exclusively electronically, in a secured manner, using ANCOM's online reporting application.

ANCOM will make available the information transmitted according to the decision to all providers of electronic communications networks, by means of the same online application.

Reporting terms

Information on access contracts and final court decisions standing as contracts concluded or issued after the entry into force of the decision will be transmitted within 10 days from the date of conclusion or communication respectively. Information on the amendment or completion acts concluded or, as the case may be, issued after the entry into force of the decision, will be sent within 30 days from the date of concluding an act, respectively, within 10 days from the issuance date of the final court decision.

Information on documents concluded or issued prior to the entry into force of the decision and on the acts amending or completing them, in force on that date, shall be transmitted within 90 days from the entry into force of the decision.

Electronic communications network providers will start sending documents and information as of 1 January 2019, the date of entry into force of the reporting obligation.

Sanctions

Failure to report such information and documents in compliance with the sending deadlines, format and manner will be sanctioned by ANCOM by fine amounting from RON 1,000 to 100,000.

About the Infrastructure Law

The decision on establishing the format and the manner of transmitting to the Authority documents and information on exercising the right of access to public or private property by the electronic communications network providers is part of the secondary legislation for the implementation of Law no. 159/2016 on the regime of physical infrastructure of electronic communications networks and laying down measures to reduce the cost of deploying electronic communications networks.