The three draft decisions are aimed at regulating the terms and procedure for the designation of universal service providers, updating the rights and obligations of a universal service provider, as well as optimizing the process of assessing how the universal service provider respects its established quality objectives. The amendments proposed by the Authority transpose into the secondary legislation the provisions of Government Ordinance no. 27/2016 on amending and completing the Government Emergency Ordinance no. 13/2013 on postal services, the latest provisions of this normative act coming into force on 1 January 2017.

 

Thus, given the amendment, in the primary legislation, of the net cost compensation mechanism related to the provision of services within the scope of universal service, ANCOM will determine whether the provider has incurred such a net cost and the amount of this cost and will communicate it to the Ministry of Communications and Information Society (MCSI), whereas the compensation mechanism, as well as the financing sources, will be established by Government decision, upon MCSI’s initiative.

 

In accordance with the provisions of ANCOM President's Decision on the designation of the National Company Romanian Post S.A. (CNPR) as a universal postal service provider, this provider was subject to a series of obligations, including related to the provision of services dealing with bulk postal items. Given that the provisions of the primary legislation have defined a a series of bulk postal items, while removing them from the scope of the universal postal service obligations, through this public consultation ANCOM implicitly proposes reviewing the corresponding provisions of the designation decision.

 

Moreover, in view of the amendment, in the primary legislation, of the categories of items that are subject to the quality requirements the universal service provider must comply with, ANCOM deems necessary to update the provisions of the secondary legislation regarding the conditions and procedure for assessing the degree of compliance with the minimum quality requirements, so that these should only apply to domestic items of correspondence of the fastest standard category within the scope of universal service.

 

The draft decisions under public consultation propose a series of amendments to the provisions of the two decisions previously issued by the Authority, i.e. Decision no. 541/2013 on the conditions and procedure for the designation of universal service providers in the field of postal services and, correlated, Decision no. 1158/2013 on the designation of the National Company Romanian Post S.A. as a universal service provider in the field of postal services, and also to repeal Decision no. 583/2014 on establishing the conditions and procedure for assessing the compliance of the National Company Romanian Post S.A. with the quality objectives imposed by Decision of the President of the National Authority for Management and Regulation in Communications no. 1158/2013.

 

The three drafts of the ANCOM President's decisions are available, in Romanian, here. The interested persons are invited to send their suggestions and comments to ANCOM, by 30.09.2017, at the Authority’s 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.