“To stimulate the roll-out of the electronic communications networks and of the required physical infrastructure elements, we are launching for public consultation the draft decision on the indicative tariffs for the access to the network operators' pillars. The indicative tariffs have been determined by the Authority based on the principles contained in the Infrastructure Law, following the responses received from the network operators and according to the relevant regulations in the special legislation in the electricity field. These indicative tariffs represent a benchmark which must be taken into consideration to the highest extent in the negotiation of the contracts, any deviation from these tariffs needing an appropriate justification”, the ANCOM Vice-president, Mr. Eduard LOVIN, has said.

ANCOM identified the network operators that own, administer or hold as a concession pillars which are/could be used by the providers of public electronic communications networks for the roll-out of public electronic communications networks, and calculated access tariffs for the categories of network operators which are distributors of electricity, respectively for the operators of the public local transport service (trolley and/or tram).

Tariff setting

Specific questionnaires were applied to these categories of network operators, in two stages, in the last quarter of 2020. The indicative tariffs proposed for the access to the network operators’ pillars were calculated in keeping with the cost-orientation principles and methodologies, compliant with the European practice in the field of cost calculation - the principle of cost causality, the principle of objectivity and the principle of proportionality. ANCOM took into consideration the costs associated to the provision of the infrastructure access service, respectively the costs with the infrastructure investments made by the network operator, the operational costs corresponding to the physical infrastructure to which the access of the providers of electronic communications networks is granted, as well as the assessment of the impact of the requested access on the network operator’s business plan and the improvements brought to the physical infrastructure by the provider of electronic communications networks, to the extent these generate benefits to the network operator too, for each of the categories of network operators identified.

The access to the network operators’ pillars is the most frequent type of access to the physical infrastructure, and the tariffs for the access to the pillars of a network operator are already the subject of litigations against ANCOM, filed by providers of public electronic communications networks unhappy with the increase of the tariffs for the access to the pillars of some network operators whose main activity is the distribution of electricity.

Indicative tariffs proposed by ANCOM

For the access of the providers of public electronic communications networks to the physical infrastructure consisting of the pillars owned, administered or held as a concession by the operators of electrical energy distribution, the following indicative tariffs are proposed:

a) 1.84 lei/pillar/circuit (cable)/ month, for the pillars supporting the low voltage aerial electrical lines;

b) 3.46 lei/pillar/circuit (cable)/month, for the pillars supporting the medium voltage aerial electrical lines;

c) 22.62 lei/km/circuit (cable)/month, for the pillars supporting the high voltage aerial electrical lines.

The indicative tariff proposed for the access of the providers of public electronic communications networks to the physical infrastructure consisting of pillars owned, administered or held as a concession by the operators of the public local transport service is 7.44 lei/pillar/circuit (cable)/month. 

The tariffs do not contain VAT.

ANCOM’s duties

According to the duties conferred by Law no. 159/2016 on the regime of electronic communications networks infrastructure and on establishing certain measures for reducing the cost of electronic communications networks roll-out, with the subsequent completions, ANCOM sets the indicative tariffs for the access to the infrastructure of the network operators for certain types of physical infrastructure in order to avoid the occurrence of disputes between the network operators and the providers of public electronic communications network requesting/benefitting from access to their physical infrastructure.

The network operator defines an economic operator authorized to provide electronic communications networks, as well as an economic operator owning, administrating or holding as a concession a physical infrastructure for the installation of electronic communications networks or for the production, transport or distribution of electricity, including public lighting, natural gas, heat and water, including wastewater treatment or disposal and drainage and sewerage systems. A network operator is also an economic operator owning, administrating or holding as a concession a physical infrastructure by means of which transport services are provided, such as - but not limited to - the physical transport infrastructure of the railways, roads, ports and airports.

Public consultation process

The draft decision on the indicative tariffs for the access to the network operators’ pillars is available for consultation here. The interested persons are invited to send their comments and suggestions, by 27.10.2021, directly to the ANCOM headquartes (2 Delea Nouă Street, sector 3, Bucharest), through the online registry office or by means of the regional offices of the Authority. Comments can also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.