”Besides the recently proposed tariffs, ANCOM has launched for public consultation the technical and economic conditions under which access to the Netcity infrastructure is to be achieved. This project is aimed at ensuring a level playing field and transparent conditions for the public electronic communications networks providers’ access to this infrastructure, fostering fair competition between operators in Bucharest. The decision will be binding for the project developer”, declared Sorin Grindeanu, President of ANCOM.

Netcity’s obligations

Netcity has the obligation to provide access to the infrastructure under equivalent conditions to all the providers of public electronic communications networks that require or already have access to infrastructure if they act under equivalent circumstances. Where the developer grants more favourable conditions to a provider, then it has to grant the same conditions to all the providers on a non-discriminatory basis. Furthermore, Netcity has the obligation to provide access to infrastructure under at least the same conditions, including quality, as the ones it applies to itself or to the legal entities in the same group, and to process the requests for access to infrastructure or the requests for information submitted by providers, within the same time interval.

In the vein of the transparency principle, the project developer has the obligation to publish, on its website, general information on the location of the ducts (list of streets and buildings or land plots covered by the network), the term for processing access requests and the quality indicators for the provision of access services.

Netcity has the obligation to publish also the framework contracts for access to physical infrastructure, concluded in accordance with the provisions of the ANCOM decision, as well as to make available to the interested providers a contact point for the management of requests for access to the physical infrastructure and all the related information requests.

The developer must bring the contracts in force in line with the provisions of the ANCOM decision within 60 days from the date of communication of the decision.

The developer must make available to interested providers the following services: Tubecity Transport (main pipe) rental service, Tubecity Racord (connection pipe) rental service and the FTTB connection (dark fibre) rental service.

Conclusion of access contracts

Contracts for access to infrastructure concluded between the providers of public electronic communications networks and Netcity will be concluded within 30 days from the reception of the access request, while negotiations for amending or completing a contract cannot exceed 15 days from the date of receiving a request.

The duration of a contract for access to infrastructure is established by negotiation between the parties and may range from 3 to 5 years, depending on request of the beneficiary public networks provider.

The access contract will have to provide the possibility for a beneficiary public networks provider to give up a physical infrastructure element after 1 year from the date of renting the respective element, without incurring the obligation to pay the rent for the remaining duration of the respective access contract, for the respective infrastructure element.

Tariffs

The draft model for calculating the costs of access services offered to the providers of public electronic communications networks, for access to the physical infrastructure deployed under the Netcity project is under public consultation until 31 October 2018. More information on the tariffs proposed by the Authority for access to Netcity infrastructure are available, in Romanian, here and – in Romanian – here.

Public consultation

The Draft Decision on setting and imposing the technical and economic conditions for access to the physical infrastructure deployed by “NETCITY TELECOM” S.R.L. based on the concession contract no. 4390/02.06.2008, concluded with the Municipality of Bucharest is available, in Romanian, here. The interested persons are invited to submit their comments and suggestions, by 12.11.2018, at the ANCOM headquarters (2 Delea Noua Street, Bucharest 3), directly to the ANCOM Registry Office or by means of ANCOM’s regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.