Industry

S.C. ROMTELECOM S.A. against S.C. RCS & RDS S.A.

Plaintiff:

S.C. ROMTELECOM S.A.

Respondent:

S.C. RCS & RDS S.A.

Date of filing the complaint:

October 26th, 2009

Background information:

On October 26th, 2009, the plaintiff S.C. ROMTELECOM S.A. (Romtelecom) filed a complaint with the National Authority for Management and Regulation in Communications (ANCOM) against the respondent S.C. RCS & RDS S.A. (RCS & RDS).

The complaint concerned the fixed and mobile termination tariffs for international calls charged by RCS & RDS . The plaintiff asked ANCOM to ensure the compliance with the provisions of the Decision of the President of the National Regulatory Authority for Communications and Information Technology no. 643/2008 on the designation of S.C. RCS & RDS S.A. as a provider with significant power in the market for services of call termination provided at fixed locations on the operator’s individual public telephone network and imposition of obligations on this provider, respectively of the Decision of the President of the National Authority for Management and Regulation in Communications no. 297/2009 on designating S.C. RCS & RDS S.A. as a provider with significant power in the market for services of call termination provided at mobile locations on the operator’s individual public telephone network and imposition of obligations on this provider.

Moreover, Romtelecom requested ANCOM to assess the breach by RCS & RDS of the provisions of the Decision of the President of the National Regulatory Authority for Communications and Information Technology no. 2849/2007 on the interconnection with the public telephony network operated by S.C. RCS & RDS S.A., for the purpose of call termination at fixed locations, and, respectively, to obligate the latter to cancel the invoices issued with the infringement of the legal provisions.

In order to resolve its complaint, the plaintiff chose the contentious procedure.

ANCOM solution:

The ANCOM President’s Decision no. 214/2010 on the resolution of the dispute between S.C. ROMTELECOM S.A and S.C. RCS & RDS S.A.