Press Releases

ANCOM Launches Consultation on the Procedure for Settling Disputes on Communications Infrastructure

4.10.2016
 
 
Today, the National Authority for Management and Regulation in Communications of Romania (ANCOM) has launched for public consultation the draft decision that lays down the details of its procedure for settling disputes between providers of public electronic communications networks and network operators, as well as disputes between providers of public electronic communications networks and entities holding, on any basis, a physical infrastructure installed within a building. 
Scope of the draft decision
The main aspects regulated by the draft decision regard the manner of addressing the Authority, the documents required for initiating the dispute settlement procedure, the stages of the actual procedure (summoning the parties, conducting the meetings, procedural issues etc.), issuance of the settlement decision, and the rules applicable in the communication of procedural steps.
According to the draft decision, ANCOM can step in for settling disputes where the parties involved do not reach an amicable settlement of disputes regarding:
·         rights of way to physical infrastructure, including when installed within a building
·         amendment of contract clauses regarding manner and terms, including tariff terms, under which access to physical infrastructure is performed, including where such infrastructure is installed within a building
·         making available information on the location, track, type and actual use of physical infrastructure, as well as on a contact  point
·         inspecting physical infrastructure elements envisaged for installing electronic communications network elements
·         making available information regarding one’s own ongoing or planned civil engineering works, as well as the coordinated performance of such works
Context
The Authority’s draft decision follows the entry into force, on 28 July 2016, of Law no. 159/2016 regarding the regime of the physical infrastructure of electronic communications, as well as for the establishment of measures reducing the installation costs for electronic communications networks. The new law establishes, for ANCOM, attributions for settling a significant number of dispute categories and provides that the Authority set up an optional and free of charge settlement procedure of such disputes.
The disputes under this draft decision may have implications on physical infrastructures in sectors such as energy, national and local public transportation (by road, rail, ship, aircraft etc.), water distribution, natural gas distribution, public lighting etc.
ANCOM’s dispute settlement decision is mandatory for the parties, as it is an administrative-jurisdictional act that may be challenged in accordance with the provisions of Government Emergency Ordinance no. 22/2009.
The public consultation process
The Draft Decision on establishing the dispute settlement procedure on the regime of physical infrastructure of electronic communications networks is available for consultation – in Romanian only - here. The interested persons are invited to send their comments and suggestions, by 13.10.2016, to the ANCOM headquarters (2 Delea Noua Street, Bucharest 3), or directly to the ANCOM Registry Office or by means of the Authority’s regional offices. Comments may also be sent by fax to +40.372.845.402 or by e-mail to consultare@ancom.org.ro.
top

All rights reserved 2024