On November 15, 2002, the National Regulatory Authority for Communications launched for public consultation the following decision projects:

Project for the Decision of the President of the ANRC Regarding the Identification of "Mobifon" - S.A. as Having a Significant Power on Its Own Mobile Telephony Network Acces Market as Regards Voice Services Call Terminations
Project for the Decision of the President of the ANRC Regarding the Identification of "Orange Romania" - S.A. as Having a Significant Power on Its Own Mobile Telephony Network Acces Market as Regards Voice Services Call Terminations
Project for the Decision of the President of the ANRC Regarding the Identification of "Telemobil" - S.A. as Having a Significant Power on Its Own Mobile Telephony Network Acces Market as Regards Voice Services Call Terminations
Decision of the President of the ANRC Regarding the Identification of "Cosmorom" - S.Aas Having a Significant Power on Its Own Mobile Telephony Network Acces Market as Regards Voice Services Call Terminations
The identification of "Mobifon" - S.A., "Orange Romania" - S.A., "Telemobil" - S.A., "Cosmorom" - S.A. as operators with significant market power is to be done on the grounds of the Regulation for the identification of relevant markets in the electronic communications sector and of the Regulation regarding conducting market analyses and the determination of the dominant position on the market after the publication of these regulations in the Official Gazette of Romania.

Consequently, "Mobifon" - S.A., "Orange Romania" - S.A., "Telemobil" - S.A., "Cosmorom" - S.A. will be imposed one of more of the obligations stipulated by art.9-14 of the Government Ordinance no. 34/2002 regarding the access to public networks of electronic communications, as well as their interconnection, approved, modified and completed by Law no. 527/2002.
ANRC may impose the operators with significant market power obligations on transparency regarding the communication networks interconnection or the access to these networks or the associated infrastructure, obligations of non-discrimination, obligations regarding the separated book keeping, the obligation to allow access to and the use of certain specific elements of the network and of the associated infrastructure, obligations for costs covering and control of tariffs, as well as the obligation to charge tariffs function of their costs.

ANRC recommended today that "Romtelecom" - S.A, S.C. "Mobifon" - S.A., S.C. "Orange Romania" - S.A., S.C. "Telemobil" - S.A., S.C. "Cosmorom" - S.A begin negociations to close mutual interconnection and co-location agreements. ANRC also recommended the operators to analyze the possibility of revising the actual tariff levels, also considering the documents submitted to public consultation and the real costs the interconnection and co-location processes require.

If negotiations between operators do not result in agreements, they have the possibility to announce ANRC, which will decide, on the grounds of art.5, par. 5 of GEO no.34/2002 regarding access to public communications networks and to the associated infrastructure, approved with amendments and additions by Law no. 527/2002,corroborated with art 36, par. 1 of GEO no. 79/2002 on the general regulatory framework for communications, approved with amendments and completions by Law no.591/2002.

Art.5 par.(5) of GEO no.34/2002 stipulates that "The Regulatory Authority has the right to establish, in accordance with the provisions of par 1 and 4 the terms under which access and interconnection are made, at its own initiative or, if the parties do not agree, at the request of one of the parties." Art.36 par.(1) of GEO no.79/2002 stipulates that "In the case of disputes between the providers of electronic communications networks or services or the providers of postal services regarding the obligations imposed to them under the terms of this emergency ordinance or of the special legislation, the interested party will notify ANRC in view of the settlement of the dispute. The dispute will be solved by a decision issued by the president of ANRC, within 4 months from the notification date, but for the exceptional situations, where a longer term is needed for the proper settlement of the case."