The minimum standard unlocking conditions for terminals that are locked to mobile communications networks have been established by a Code of Conduct, adopted by the main mobile telephony providers in Romania. This code states that the providers have the obligation to unlock a terminal free of charge only if this has been purchased individually, not on an electronic communications services contract.

 

Nevertheless, ANCOM points out that unlocking telephone handsets purchased on an electronic communications services contract, as part of a special offer or at a preferential price requires the payment of a processing fee, irrespective of whether the unlocking is processed before or after the expiry of the minimum contract term. The amount of the processing fee is established by each operator. In such instances, the contracts concluded with the users must provide information on the fact that the telephone set is locked to the network and on the unlocking conditions.  

According to the Code of Conduct, unlocking should be processed within 15 working days from the date of filing the request.

The Code also states that providers can only unlock terminals that have not exceeded the average usage period specified by the manufacturer in the certificate of guarantee. Older terminals can be unlocked only to the extent that operators have the required technical resources.

 

If the telephone bought on a telephony contract is locked to the network and no specifications thereon are provided in the contract, the users may address ANCOM, here.

If a provider has breached the unlocking conditions mentioned in the contract, the users may address the National Authority for Consumer Protection. 

 

Despite the providers’ commitment to the Code of Conduct, the latter does not stand as a legal document. Therefore, ANCOM cannot sanction a provider for breaching it.