ANCOM

Today, March 11, 2008, ANRCTI has launched for public consultation, on the Authority’s website, the draft ordinance amending and completing the Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications. The main goal of this draft emergency ordinance, elaborated in collaboration with the Ministry of Communications and Information Technology, is to establish clear attributions for ANRCTI as regards the activity of monitoring the compliance of the Romanian providers of electronic communications networks and services with the EU regulations.

The adoption of this emergency ordinance will provide ANRCTI with the instruments required in view of monitoring and checking the enforcement of Regulation (EC) no. 717/2007 of the European Parliament and of the Council on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC, which establishes a common approach on the roaming services within the Community. Upon the entry into force of the Regulation on roaming on public mobile telephone networks, on June 30, 2007, ANRCTI was designated as the institution in charge of monitoring and checking compliance with the obligations pursuant to this Regulation within the national territory, and shall therefore have the obligation to publish up-to-date information on the observance of the Regulation within the Romanian territory, to monitor the evolution of the wholesale and retail tariffs, separately, by providers of mobile telephony services, prepay users and subscribers, and to draw up regular reports for the European Commission.

In view of fulfilling these attributions, clear competences must be established for ANRCTI, so that the Authority should have the right to request all the necessary information from the providers of electronic communications networks and services. Furthermore, the scope of the disputes falling within the ANRCTI settlement procedure needs to be extended to include disputes regarding the enforcement of Community regulations in the electronic communications sector.

Moreover, the ANRCTI control personnel should be also enabled to conduct inspections in order to check the compliance of the Romanian providers of electronic communications networks and services with the EU regulations and to request them to cease the breaching activity immediately and remedy its negative impact, in accordance with the Regulation provisions.

The draft emergency ordinance amending and completing the Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications is available for consultation on the ANRCTI website. The interested persons are invited to send their comments and suggestions by March 21, 2008, to the ANRCTI headquarters (14 Libertatii Blvd., sector 5, Bucharest) or directly to the ANRCTI registration office, as well as to its territorial offices in the closest county capital city. Comments may be sent, as well, by fax, to +40 21 307 54 02, or by e-mail to consultare@anrcti.ro. Upon integrating the comments and notifying the draft emergency ordinance, this shall be sent for approval to the Romanian Government and then published in the Romanian Official Journal.