Press Releases

ANCOM Proposes a Draft Framework-Agreement for Access on the Private Property of the Providers of Public Electronic Communications Networks

20.03.2013

 

The National Authority for Management and Regulation in Communications (ANCOM) has launched for consultation, today, the draft framework agreement for access on private property, for the purpose of the installation, maintenance, replacement or relocation of public electronic communications networks or of the associated supporting infrastructure elements, according to its atributions pursuant to Law no.154/2012 regarding the regime of the electronic communications networks infrastructure. The Framework Agreement elaborated by ANCOM is intended as a recommendation and aims, mainly, at structuring and popularizing the rights and obligations of the providers of public electronic communications networks as regards access on private property, while observing the principles that govern the right to private property.
 
The providers of public electronic communications networks will not have access on a private property unless they have concluded a contract therefor, in authenticated form, with the holder of the right of property or of administration, with the owners’ association (for spaces of joint tenancy in condominium buildings), or with the holders of the right of commodatum /lease/concession over the respective building.
 
The standard contract proposed by ANCOM reflects the provisions of Law no.154/2012 regarding the conditions of access on private property and includes, among others, provisions regarding the rights and obligations of the parties to the contract, contract duration and contract termination, tariffs and payment modalities. The framework agreement for access on private property will help both the providers of public electronic communications networks, and the holders of the right of property/administration/commodatum/lease/concession over the private property buildings, as an additional legal guarantee during the stages of negotiation of the agreements for access on private property for the purpose of the installation, maintenance, replacement or relocation of public electronic communications networks or of the associated infrastructure elements.
 
With a view to exercising the right of access on private property, the requester will address the aforementioned holders, submitting a contract conclusion request, based on which the parties will negotiate the contract conditions. The request must contain at least the following: the requester’s identification and contact data, the network and infrastructure elements to be located on the respective property, the estimated duration of the works, and the conditions under which the maintenance and repair works of the networks and infracstructure elements to be installed are to be conducted.
 
The maximum negotiation term of such a contract is of 2 months from the date of receiving a request. Where a contract of access on private property cannot be concluded within this deadline, or in case of denial of the right of acces, any of the parties may address the competent court, which can issue a decision that replaces the contract beteewn the parties. This court decision may be challenged.
 
A noteworthy provision of the law is that a holder of the right of property or of administration over a private property building cannot deny access to a provider of public electronic communications networks, if all the conditions provided in Art. 5(1) of Law no.154/2012 are met, except where soundly justified reasons concur.
 

The Framework Agreement for Access on Private Property proposed by ANCOM is available for consultation here. The interested persons are invited to send their comments and suggestions, by 03.04.2013, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, directly to the ANCOM Registry Office or by means of the ANCOM regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.

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