ANCOM

In the first half of 2005, ANRC conducted, by means of its 47 territorial offices, 1894 control actions to the offices of the providers of electronic communications networks and services. The control personnel assessed 687 contraventions, most of which (650) were remedied on-site, based on the measures enforced by ANRC.

The President of ANRC established conditions and imposed remedy terms for the contraventions assessed at 4 providers and sent them the notifications announcing the sanctions, leading to the recovery of the legal status of the respective companies’ activity. In other 33 cases, the ANRC inspectors settled the remedy term on the spot and are to monitor the recovery of the legal status.

The most frequent contraventions assessed during the control actions refer to the infringement of the conditions provided under the General Authorisation, such as: reluctance to communicate ANRC the amendment of the notification data, delayed or missing notifications to ANRC on the access and concluded interconnection agreements, missing technical files (for the providers of electronic communications networks), delayed transmission of the yearly financial statements. As well, the ANRC personnel sanctioned and remedied cases of breach of certain provisions of Law no.304/2003 for universal service and the users’ rights regarding electronic communications networks and services, i.e. those provisions establishing the minimum clauses to be stipulated in the agreement concluded with the end-users.

“We verify, on a regular basis, the compliance with the legal provisions and with the decisions ANRC issues, i.e. the providers’ observance of the set of rules designed to foster the proper operation of the market. We follow our control plan, as established, but we also respond to the complaints submitted to ANRC by the providers or by the end-users. We assume that the providers are in the process of learning, therefore we prefer to postpone the sanctions, in order to help them recover their legal status. We understand they are facing a quite new regulatory frame, and they also encounter the difficulties of a new entrant on a market dominated by major providers,” the ANRC President, Mr. Dan Georgescu, declared.

The activity of surveillance and control in the field of electronic communications is conducted by the specialised sections of ANRC and aims to promote competition and protect the end-users’ rights and interests, under transparency, non-discrimination and objectivity conditions.

Additional Information

· The Guidebook of the Sanctioning Regime – a summary of the obligations of the electronic communications and postal services providers

· Instructions on the ANRC Activity of Surveillance and Control the rules according to which the ANRC personnel conducts the control activities in the field of electronic communications and postal services.