ANCOM together with the industry debated and adopted, in the Consultative Council meeting of 7 November 2018, the maximum tariffs that electronic communications network operators may be charged for exercising their right of access on, above, in, or under public property. ”Today’s decision is aimed at reducing the digital divide between rural and urban areas. Following the entry into force of ANCOM’s new regulation, in many cases the tariffs for access to public property will go down to zero, driving to lower costs in the deployment of communications networks. Thus, we set the premises for bolstering investment in the infrastructure necessary for the provision of broadband internet access services, which contributes to improving connectivity, with a positive impact on economic development”, declared Eduard LOVIN, vice-president of ANCOM.

Entities envisaged by the regulation

The tariffs adopted today will be charged by public institutions, including authorities of the central or local public administration, as well as any other entities that exercise the right of administration on the public property of the state or of the territorial-administrative units and that do not have infrastructure by which they could provide public utilities or transport services. The tariffs will be paid by the electronic communications network providers interested in gaining access to the public property held by the above-mentioned public institutions or entities.

Setting the maximum tariffs

The tariffs for access to public property must be justified and proportionate to the damage to the respective property, also taking into account tangible and intangible benefits. The tariffs shall be set for specific network and physical infrastructure elements to be installed on, above, in or under public property, taking into account the value of the use of the affected property, and observing the principles of transparency, objectivity and non-discrimination.

In determining the categories of direct and certain damage, ANCOM took into account a set of factors such as the degree of wear and tear of the building, the time periods required to carry out the works of installation, maintenance, replacement or relocation of electronic communications networks or of the supporting physical infrastructure elements, the time periods for which the placement is required, as well as the physical and functional characteristics of the equipment.

This decision adopted together with the stakeholders lays down the maximum positive tariffs for 48 types of access. It also provides that the tariff for exercising the right of access to infrastructure elements such as antennae, cabinets, chimneys, manholes, ducts, base stations, masts, pillars, towers, other supporting equipment or physical infrastructure elements, as well as in respect of the cables and boxes to which the providers exercise types of access that are different from those provided in the annex to the decision, cannot exceed the amount of RON 0.

The Decision regarding the maximum tariffs that may be charged for exercising the right of access on, above, in or under public property adopted today will be sent for publication in the Romanian Official Journal and will enter into force on the date of publication.

Provisions of the Infrastructure Law

ANCOM set these tariffs in compliance with its statutory duties and under the provisions of Law no. 159/2016 regarding the regime of the physical infrastructure of electronic communications networks.

According to the legal provisions, ANCOM sets the maximum tariffs for access to the public property of the state and of the territorial-administrative units based on a detailed methodology, by reference to the network and infrastructure elements installed on, above, in or under public property, and taking into account the market value of the affected assets, with due regard to the principles of transparency, objectivity and non-discrimination.

Within 60 days from the date of entry into force of ANCOM President’s Decision, the entities envisaged will publish, amend or complete the conditions (including the maximum tariffs) under which the right of access to public property is exercised, as well as the documents the requester must submit for proving compliance with these conditions. The amount of tariffs for access to public property cannot exceed the limit set out by ANCOM President’s Decision.

Background info

The tariffs for the electronic communications networks’ access to public property consisted of three were set following a three-stage process. The first stage consisted of defining and using homogeneous relevant categories, in order to most accurately determine the actual and complex conditions under which electronic communications networks may access public property. Further information is available, in Romanian, here and here. This stage was followed by the public consultation, and by setting the calculation methodology and the maximum tariffs for access to public property.