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ANCOM Is Informing the Local Authorities from Tulcea on the Communications Infrastructure Law

23.08.2013
 
The representatives of the Romanian National Authority for Management and Regulation in Communications (ANCOM) have met today at the Tulcea County Council with representatives of the local authorities to discuss about the duties incumbent on them upon the adoption of Law no. 154/2012 regarding the regime of the electronic communications networks infrastructure.
Aiming at facilitating the implementation of the provisions of the Infrastructure Law, a normative act which affects the activities of the providers of electronic communications networks, as well as the local public authorities, building owners and other infrastructure holders, ANCOM has conducted an information campaign this year which entailed meetings with the providers and the local authorities countrywide in order to help them clarify some concrete aspects concerning the implementation of this normative act and to gather insights on the specificities of the enforcement of this law at the local level.
The meeting held at the premises of the TulceaCounty Council and attended by 42 representatives of the public authorities is part of the series of meetings with the local authorities scheduled to take place nationwide. The local authorities and the 14electronic communications providers from Tulcea County have already received notices from ANCOM concerning the rights and obligations incumbent on them pursuant to this Law. Furthermore, the Authority’s representatives will meet with the mayors or other representatives of the county’s local authorities, at their premises, in order to discuss in depth about the implementation of this law, considering the particular features of each locality.
Law no. 154/2012 regarding the regime of the electronic communications networks infrastructure is intended for supporting the development of the electronic communications networks at the national level and incentivizing investments in communications networks and infrastructures, as well as for encouraging competition among the providers of public electronic communications networks. The Law lays down the conditions for access on the public or private property in view of installing, maintaining, replacing or relocating electronic communications networks or associated infrastructure elements, the conditions on the share used of the infrastructure elements, as well as certain measures on the building of electronic communications networks.
Under this Law, the public authorities have the obligation to publish, within 30 days from receiving the first access request, the conditions for the access on the public property, as well as the list of the documents necessary for granting such access.
The providers of communications networks will not have access on the public or private property unless a contract has been concluded, within a maximum negotiation term of two months from the date of receiving an access request. Where such a contract has not been concluded within the above-mentioned term, a provider may address the relevant court.
The Law forbids establishing taxes, fees, charges or other amounts in addition to the amounts provided in the contracts for the occupancy and usage of the public property buildings, while the due charges will be paid only to the entity that owns or administrates the infrastructure elements, under the conditions agreed with the respective entity.
If, following negotiations, a contract provides more favourable terms for a certain provider of electronic communications networks, including as regards tariffs, than those provided in the terms already posted or provided in the agreements concluded with other providers of electronic communications networks, then these terms will be offered to all the other providers, on a non-discriminatory basis.
In order to support all interested parties, the Authority created a dedicated section on its website, called Infrastructure Law, which itemizes the provisions of the Law by the targeted category of public – providers of electronic communications networks, public authorities, owners/owners’ associations and infrastructure holders. At this time, there are 14 authorised providers of electronic communications services in Tulcea County.

ANCOM Is Informing the Local Authorities from Tulcea on the Communications Infrastructure Law

23.08.2013
 
The representatives of the Romanian National Authority for Management and Regulation in Communications (ANCOM) have met today at the Tulcea County Council with representatives of the local authorities to discuss about the duties incumbent on them upon the adoption of Law no. 154/2012 regarding the regime of the electronic communications networks infrastructure.
Aiming at facilitating the implementation of the provisions of the Infrastructure Law, a normative act which affects the activities of the providers of electronic communications networks, as well as the local public authorities, building owners and other infrastructure holders, ANCOM has conducted an information campaign this year which entailed meetings with the providers and the local authorities countrywide in order to help them clarify some concrete aspects concerning the implementation of this normative act and to gather insights on the specificities of the enforcement of this law at the local level.
The meeting held at the premises of the TulceaCounty Council and attended by 42 representatives of the public authorities is part of the series of meetings with the local authorities scheduled to take place nationwide. The local authorities and the 14electronic communications providers from Tulcea County have already received notices from ANCOM concerning the rights and obligations incumbent on them pursuant to this Law. Furthermore, the Authority’s representatives will meet with the mayors or other representatives of the county’s local authorities, at their premises, in order to discuss in depth about the implementation of this law, considering the particular features of each locality.
Law no. 154/2012 regarding the regime of the electronic communications networks infrastructure is intended for supporting the development of the electronic communications networks at the national level and incentivizing investments in communications networks and infrastructures, as well as for encouraging competition among the providers of public electronic communications networks. The Law lays down the conditions for access on the public or private property in view of installing, maintaining, replacing or relocating electronic communications networks or associated infrastructure elements, the conditions on the share used of the infrastructure elements, as well as certain measures on the building of electronic communications networks.
Under this Law, the public authorities have the obligation to publish, within 30 days from receiving the first access request, the conditions for the access on the public property, as well as the list of the documents necessary for granting such access.
The providers of communications networks will not have access on the public or private property unless a contract has been concluded, within a maximum negotiation term of two months from the date of receiving an access request. Where such a contract has not been concluded within the above-mentioned term, a provider may address the relevant court.
The Law forbids establishing taxes, fees, charges or other amounts in addition to the amounts provided in the contracts for the occupancy and usage of the public property buildings, while the due charges will be paid only to the entity that owns or administrates the infrastructure elements, under the conditions agreed with the respective entity.
If, following negotiations, a contract provides more favourable terms for a certain provider of electronic communications networks, including as regards tariffs, than those provided in the terms already posted or provided in the agreements concluded with other providers of electronic communications networks, then these terms will be offered to all the other providers, on a non-discriminatory basis.
In order to support all interested parties, the Authority created a dedicated section on its website, called Infrastructure Law, which itemizes the provisions of the Law by the targeted category of public – providers of electronic communications networks, public authorities, owners/owners’ associations and infrastructure holders. At this time, there are 14 authorised providers of electronic communications services in Tulcea County.
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