1.11.2005
The Ministry of Communications and Information Technology (MCIT) and the National Regulatory Authority for Communications (ANRC) have launched for consultation a draft law regulating the rights of way for the providers of electronic communications networks, the shared use of the electronic communications infrastructure (masts, pillars, ducts etc.), as well as certain issues on building electronic communications networks.
“So far, the rights of way on public or private property for the purpose of performing works such as installation, maintenance, replacement or displacement of elements within the electronic communications networks, as well as the regime of the infrastructure shared use, have been regulated under the Government Emergency Ordinance no.79/2002 on the general regulatory framework for communications, approved, with amendments and completions, by Law no.591/2002. Practice has revealed that this legal regime needs to be amended and completed, in order to avoid vague wording or hindrances in enforcing certain legal provisions. The establishment of an adequate legal framework on the installation of infrastructure for electronic communications networks and on the shared use of this infrastructure is an essential condition for promoting competition in the field of electronic communications. The development of national electronic communications networks will enable more citizens to have access to electronic communications services and will encourage the provision of more diversified services,” the Minister of Communications and Information Technology, Mr. Zsolt Nagy, declared.
This draft law provides the possibility that the installation of electronic communications networks be performed simultaneously with the construction works for roads and public utilities. Therefor, the authorities of local public administration enabled to issue construction authorisations will have the obligation to publicly announce the respective works, so that the providers could simultaneously install their underground networks. The projects for the authorisation of these construction works will provide systematic routes for the installation of electronic communications networks, designed and performed in accordance with the technical norms approved by Government decision, upon the joint proposal of MCIT and the Ministry of Transport, Constructions and Tourism (MTCT).
Furthermore, this draft law proposes the enlargement of the ANRC field of competence, so that the Authority could deal with all the cases where a provider of electronic communications networks fails to agree with any person who owns or controls associated infrastructure facilities. This regulation will enable ANRC to approach broader infrastructure disputes, involving, for example, public utility providers – electricity, public transport etc. Under the legislation currently in force, ANRC is able to settle only those disputes where the infrastructure owner (masts, pillars, ducts) is a provider of electronic communications networks.
“The enlargement of the Authority’s field of competence will enable us to take steps, for example, in case the representatives of certain utility companies ban the electronic communications providers’ access to masts, which hinders the activity of communications operators. Access will be allowed under very strict terms, so that the infrastructure owner should not be affected, while smoothing the path for the activity of the respective communications provider,” the ANRC President, Mr. Dan Georgescu, stated.
As for the public property access of the providers of electronic communications networks, the draft law proposes a transparent and non-discriminatory procedure of concluding access agreements. The owners of such property shall make publicly available the access conditions and the tariffs they charge. These access tariffs should be justified and in direct proportion to the degree of intrusion on the respective property. MCIT and ANRC proposed that the tariffs and terms for access on public property should be non-discriminatory as to all the providers of electronic communications networks.
The draft law provides the principle of tacit approval in case the owner or administrator of a public property facility does not reply – within 30 days – to the access application submitted by a requester, together with all the relevant documents required, proving compliance with all the published access conditions. Thus, the lack of a written announcement within the above mentioned term shall be considered tacit approval and the provider having required the permission to install his network may proceed to the respective installation works, under the obligation to pay the published tariffs to the property owner or administrator.
Furthermore, this draft law will regulate the procedure for concluding agreements on rights of way on private property. It provides a maximum negotiation term of 45 days for an agreement to be concluded between an electronic communications provider and the owner of the respective private property (or, in case of common property areas within multiple residence buildings – the owners’ association). Upon expiry of this term, any of the two parties may sue the other in front of a competent court.
Moreover, the proposal provides the establishment of maximum 21-day trial terms for the settlement of disputes regarding rights of way.
The draft law initiated by the Ministry of Communications and Information Technology and the National Regulatory Authority for Communications on the regime for the infrastructure of electronic communications networks is available on the MCIT and ANRC websites. All interested persons are invited to send their comments and recommendations until December 2, 2005, by e-mail, to the following addresses: laura.rites@mcti.ro or consultare@anrc.ro.