04.12.2019

ANCOM has launched for public consultation a draft decision on amending the provisions of the Decision of the President of the National Authority for Management and Regulation in Communications no. 353/2015 on the procedure for granting frequency usage rights, in order to align them with the market trends, as well as with normative acts aimed at reducing the administrative tasks of the providers of electronic communications networks and services.

With the intensifying usage of the frequency spectrum, which is a limited resource, and in the context of technological development and of the diversifying types of wireless applications and systems, advanced methods or innovative principles are required in order to enable the efficient usage of spectrum resources.

The proposed amendments

One of the proposed amendments removes the obligation to apply a stamp on the documents transmitted by the applicants to ANCOM in the procedures for granting frequency usage rights.

For ensuring updated data regarding the applicant, the provisions regarding the transmission of the certificate requested by ANCOM within the procedures for granting, extending the validity or transfer of frequency usage rights have been completed, thus clarifying the format and content requirements.

Moreover, ANCOM clarified the provision regarding the cessation of the frequency usage right in the case of the holder’s winding-up, to bring it in line with the rules governing the regime of commercial companies, as the new wording includes all the cases of winding-up.

To increase the efficiency of the frequency spectrum usage, in order to provide higher quality electronic communications services for the benefit of the end users, ANCOM proposed that some holders of individual usage rights for frequencies in the same band could have shared access to the frequency spectrum assigned by the respective licenses without requiring access to additional spectrum resources. The measure is also beneficial for licence holders, as it drives to reduced costs in installing and operating wireless public electronic communications networks, thus ensuring their increased competitiveness.

Furthermore, ANCOM removed the provision on communicating the decision to terminate the frequency usage rights by posting it at the headquarters or domicile of the holder, as well as at the headquarters and on the Authority’s website, having regard to the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Public consultation

The draft Decision on amending the provisions of the Decision of the President of the National Authority for Management and Regulation in Communications no. 353/2015 on the procedure for granting frequency usage rights is available for consultation, in Romanian, here. The interested persons are invited to send their comments and suggestions, by 10.12.2019, to the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, or directly to the ANCOM Registry Office or to the Authority’s regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.