13.01.2023

ANCOM has launched in public consultation the draft decision on the general authorisation regime for the provision of electronic communications networks and services.  The draft decision aims at setting a new regulatory framework while repealing the decision currently in force, to harmonize the provisions of the secondary legislation with the provisions of the primary legal framework.

ANCOM has reviewed the secondary legislation on the general authorisation regime for the provision of electronic communications networks and services in order to bring it in line with the provisions of Law no. 198/2022 for the amendment and completion of certain normative acts in the field of electronic communications and for the establishment of measures to facilitate the development of electronic communications networks, which transposed Directive (EU) 2018/1972 establishing the European Electronic Communications Code.

Main measures proposed in the draft decision

Following the adoption, at European level, of a single form for notifying the intention to provide public electronic communications networks or publicly available electronic communications services, the  draft decision proposes a new template, which contains information necessary to identify the applicant and ensure easy communication in relationship with the Authority, as well as the new classification of electronic communications networks and services, together with the set of details required for a brief description of the network or service for which the authorisation is requested.

Furthermore, the draft decision proposes to simplify the general authorisation procedure. Thus, the notification of the intention to provide public electronic communications networks or publicly available electronic communications services will be limited to a notifying declaration i.e., a provider will acquire this right without having to submit a full notification. However, this simplification does not relieve the provider from the obligation to communicate thorough information as requested in the notification template. The role of the notification template has also been extended to include any category of information a provider may have to transmit to the Authority regarding the provision of public electronic communications networks or publicly available electronic communications services, whether it is the start of the activity in the field, the provision of new networks or services, the amendment of previously transmitted details related to networks and services, or the termination of the provision of certain networks or services.

Structural and content modifications have been brought to the General Authorisation for the provision of electronic communications networks and services, following the establishment - in accordance with the primary legislation - of exhaustive conditions for the provision of electronic communications networks and/or services, excepting number-independent interpersonal communications services. Moreover, the latest services or concepts in the field of electronic communications were also considered in the review of the "General Authorization for the provision of electronic communications networks and services".

In addition, it should be emphasized that the substantiation of the measures in the current secondary legal framework that have not been reviewed in the draft decision under consultation remains valid and its argumentative content is fully applicable.

Public consultation

The draft decision of the National Authority for Management and Regulation in Communications on the general authorization regime for the provision of electronic communications networks and services is under fast-track public consultation. The document is available, in Romanian, here. Interested parties are invited to submit their comments and proposals until 27.01.2023, at the ANCOM headquarters (2 Delea Nouă Street, sector 3, Bucharest), through the Online Registry or at the Authority's regional divisions. Comments can also be sent by fax to +40 372 845 402 or by e-mail to the address consultare@ancom.ro.