From 2006, the providers of public electronic communications networks, of publicly available electronic communications services and the providers of postal services will have the possibility to pay the annual monitoring tariff owed to ANRC based exclusively on the income resulted from the post- or electronic communications-related activities.
“At present, the normative acts regulating the operation of ANRC provide that the annual monitoring tariff owed to the Authority for the activity of surveillance and control on the markets of electronic communications and postal services shall be calculated based not only on the income resulted from the activities on these markets, but on the income resulted from the providers’ whole operation, irrespective of the activity that may generate it. The new provisions solve this situation, setting up a fair calculation base for the monitoring tariff, which consists exclusively of the income resulted from the activities monitored by ANRC”, the ANRC President, Mr. Dan Cristian Georgescu, declared today, July 28, 2005, during the press conference dedicated to presenting the new normative act.
The legislative initiative of amending the calculation formula of the monitoring tariff belongs to ANRC and MCTI and resulted in the elaboration of Law no.239/2005 on the amendment and completion of several normative acts in the field of communications, published in the Romanian Official Journal, Part I, no.663 of July 26, 2005.
The new calculation formula of the monitoring tariff shall enter into force in 2006 and will offer the providers two options:
a) calculate the monitoring tariff as a percentage of the whole turnover (as currently in force);
b) calculate the monitoring tariff as a percentage of the income obtained solely from the provision of electronic communications networks and services and of postal services, should the respective provider keep separate accounts for these activities. ANRC will establish the terms for conducting and auditing the separate accounts.
The monitoring tariff owed to ANRC by the providers of postal services shall be calculated in a similar manner. These legislative amendments will enter into force on December 31, 2005.
The law also repeals the payment obligation for the additional monitoring tariff, owed by the providers of postal services or by the providers of electronic communications networks or services upon ceasing activity in the respective fields.
According to the same normative act, starting on July 29, 2005, those who intend to provide – exclusively for their own needs – electronic communications networks or services using radio-electric frequencies shall be exempted from the obligation of informing ANRC. Thus, ANRC’s Official Record of the Providers of Electronic Communications Networks and Services will include only the providers of public electronic communications networks and of publicly available electronic communications services. So far, ANRC has authorised 2017 such providers.
Law no.239/2005 on the amendment and completion of several normative acts in the field of communications (details)
The current calculation formula for establishing the monitoring tariff owed by the providers of public electronic communications networks and of publicly available electronic communications services (details)
The monitoring tariff owed by the providers of postal services (details)