Press Releases

New Section, dedicated to Infrastructure Law, on the ANCOM Website

04.04.2013

 

With a view to supporting the providers of electronic communications networks, the local public authorities, the building owners and the interested holders of infrastructure elements, the National Authority for Management and Regulation in Communications (ANCOM) has published on its website a section dedicated to Law no.154/2012 regarding the regime of infrastructure networks, aiming to transpose the legal provisions in a widely accessible language.
The new section, entitled Infrastructure Law, structures the provisions of this law by user categories. Thus, the information is itemised by four main categories: providers of public electronic communications networks, public entities and holders of the right of concession, lease or commodatum over a state public/private property, owners and owners’ associations and infrastructure holders.
In the dedicated section, the providers, the public authorities and the holders of the right of concession, lease or commodatum over a building will find details regarding the contracts, the tariffs and the terms of access on the state public or private property, the conditions for the shared use of infrastructure and for conducting network installation and relocation works.
The owners and the owners’ associations will find a selection of provisions regarding the contracts and the terms of access on private property, as well as information regarding the conditions under which the network installation and relocation works are to be conducted.
The infrastructure holders will find, in the dedicated section, information on the conditions under which infrastructure is shared.
According to the law, the communications networks providers will not have access on the public or private property unless a contract has been concluded, within a maximum negotiation term of two months from the date of receiving an access request. Where such a contract has not been concluded within the above-mentioned term, a provider may address the relevant court. Where a request has been deemed grounded, the court may issue a decision that acts as a contract between the parties and may be challenged by appeal.
This March, the Authority submitted to public consultation a draft standard-contract for access on private property, available here.
If, following negotiations, a contract provides better clauses for a provider of public electronic communications networks, including as regards the tariff, compared to the already published conditions or to clauses provided in contracts concluded with other providers of electronic communications network providers, the respective clauses must become available to all the providers, in a non-discriminatory manner.
The law forbids establishing taxes, fees, tariffs or other amounts in addition to the ones provided in the contracts for the occupancy and usage of the public property buildings, while the due charges will be paid only to the entity that owns or administrates the infrastructure elements, under the conditions agreed with the respective entity.
Furthermore, the providers must ensure that the works of access on the public or private property do not impede the right of use over the respective buildings. The works related to rendering access on properties must comply with the requirements on urbanism, land management or building quality requirements, with the requirements regarding the protection of the environment, of public health, national defence, public order and national security, provided for the activities conducted on, over, in or under the respective property. When all these conditions are fulfilled, the holder of the right of property or of administration cannot deny the access right unless upon soundly justified grounds, despite any other conventions.
The law regarding the regime of the electronic communications infrastructure establishes the conditions in which access on public or private property (including areas of undivided ownership incondominium buildings) is performed for the purpose of conducting works of installation, maintenance, replacement or relocation of electronic communications networks or of supporting infrastructure elements. It also establishes the manner of exercising the shared use of infrastructure elements, as well as some measures regarding the roll-out of electronic communications networks.

During 2013, ANCOM will organise an ample information campaign regarding the infrastructure law during which meetings with the providers and with the local authorities will be organised countrywide, thus allowing all interested persons to ask questions and clarify concrete aspects of the implementation of this normative act.

top

All rights reserved 2024