21.08.2023

During the Consultative Council meeting of Friday, 18 August 2023, ANCOM agreed with the electronic communications industry on the amendment and completion of the procedure for awarding the rights of use for radio frequencies. The main amendments concern aspects related to the regulation of the shared use of the licensed spectrum, the possibility of leasing and transferring the rights of use for radio frequencies and a simpler authorisation procedure for the base stations of public mobile and mobile/fixed electronic communications networks.

The shared use of radio spectrum

The shared use of the held spectrum is possible only for the bands in which the radio spectrum is no longer available at the time of the request and only if the principles of competition are not restricted, impeded or distorted.  The shared use of spectrum requires that each holder of a licence for the use of radio frequencies fulfils its individual coverage and/or development obligations under the licence, while taking into account all the necessary measures to avoid harmful interference on the electronic communications networks authorised according to the law.

Spectrum sharing requires the approval of ANCOM, following the submission of a request in this regard by the two holders, based on the written agreement between them, and of certain information submitted to the Authority, which is necessary to carry out a complete analysis of the request received.

Leasing/transferring the rights of use for radio frequencies

The adopted decision sets out the procedure to be followed in case of leasing the radio spectrum obtained following the payment of a licence fee. The radio spectrum resource can be leased wholly or partly for certain licensed frequency bands. In this situation, the holder can allow the use of radio frequencies by a third party. Given the existence of a third party in the administrative law relation between ANCOM and the holder, the decision contains provisions laying down a series of obligations still incumbent on the holder, including regarding the submission of notifications concerning the use of the leased spectrum (frequency assignments).

In order to encourage the efficient use of radio spectrum, the decision updates the procedure concerning the transfer (assignment/cession) of the rights of use for radio frequencies obtained upon payment of a licence fee. Thus, ANCOM may grant the transfer right only after carrying out an analysis on the fulfilment of certain conditions meant to ensure a functioning market and a healthy competitive environment.

Other amendments adopted

The adopted decision aims to simplify the authorisation procedure for the base stations of the public mobile and mobile/fixed electronic communications networks. Therefore, the holders of licences for this type of networks must notify every month the actual frequency assignments for each radiocommunication station of their electronic communications network/networks and the associated technical and operational parameters, within the limits of the frequency sub-band allocations provided in the licence.

Furthermore, the provisions under the decision consider the correlation of the periods for granting the licences for the use of radio frequencies with those provided in the primary legislation, namely 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. Therefore, the validity period of the licences for the use of radio frequencies granted through the selection procedure will observe the provisions of art. 30³ - 31^1   of Government Emergency Ordinance no. 111/2011, while those granted by direct award will have a validity of up to 10 years, being also introduced the possibility of these being granted for periods of less than 5 years, depending on the request of the interested person.

The adopted decision amending and completing the ANCOM President’s Decision no.353/2015 on the procedure of awarding radio frequency usage rights will be sent for publication in the Romanian Official Journal, Part I.