10.05.2023

 

The National Authority for Management and Regulation in Communications has published for consultation the draft decision amending and completing Decision no. 353/2015 on the procedure of awarding radio frequency usage rights.

This procedure is periodically examined and improved both in light of the evolution of electronic communications technologies and the experience gained in its application, as well as in light of the general principles stated in the primary normative acts, which regulate the activity of issuing administrative acts by the institutions composing the public administration.

Main proposals of amendment and completion

Through the draft submitted for public consultation, the Authority proposes the procedure for requesting approval and the conditions under which operators may share the use of radio spectrum. Thus, shared use of radio spectrum is allowed only between operators holding rights of use for radio frequencies  in certain frequency bands specified in decision no. 353/2015 and only if the radio spectrum is no longer available in those bands at the time of the request, provided that the measure is not likely to restrict, impede or distort competition. The operators must fulfil all their individual coverage or development obligations, as appropriate, included in their licences, even when sharing the use of radio spectrum.

The draft decision also provides for the possibility to lease entirely or partly the usage rights for the radio frequency bands specified in the aforementioned decision. The radio frequency usage rights may be leased upon the prior agreement of ANCOM, which is to analyse whether such action allows for maintaining a sustainable competition between operators and if, through the technology investments it brings about, contributes in real terms to increasing connectivity for the users.

Other proposed amendments aimed at simplifying the authorisation procedure for the base stations of the public mobile and mobile/fixed electronic communications networks, which are subject to licenses for the use of frequencies granted through selection procedure in the frequency bands specified in the decision, as well as updating the text of some articles, as a result of the adoption of Law no. 198/2022 amending and completing certain normative acts in the electronic communications field and establishing certain measures for facilitating the roll-out of electronic communications networks.

The public consultation

The draft decision amending and completing the Decision of the president of the National Authority for Management and Regulation in Communications no. 353/2015 on the procedure of awarding radio frequency usage rights is available for consultation here. The interested persons are invited to send comments and suggestions by 12.06.2023, to the ANCOM headquarters (2 Delea Nouă Street, sector 3, Bucharest), to the online registry office  or to the Authority’s regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.ro.