ANCOM

The National Authority for Communications launches for public consultation a draft decision whereby it establishes the conditions in which the providers of electronic communications services are to release the terminals “captive” (encoded) in their own networks.

The providers will have the obligation to release, at the users’ request, any terminal purchased once with the communications services and encoded in view of being operational only in the network of a certain provider. The release is to be free of charge if the compulsory minimum period of network loyalty, as established by contract, is over. If the user requires the release before the expiry of the minimum period under contract, the provider has the obligation to release the terminal, provided that the user fulfilled the obligations assumed in the contract (the payment of certain price differences or cancellation penalties).

“We wish for the end-user complete freedom of choice and the ability to benefit from competition on the communications market. We have introduced portability, but the user must be able to keep his/her number and his/her telephone when he/she chooses the services of another provider. Therefore, the operators have to ensure the release of the terminal, so that the user could move to another network”, Liviu Nistoran, the President of ANC, declared.

This obligation will mainly concern the handsets, but also other terminals which are captive in the electronic communications networks (modem, data card etc.). The release, performed by introducing a code on most mobile telephone keyboards, should be completed within 5 working days from the registration of a request in this regard.

Furthermore, before concluding the contracts for the provision of electronic communications services, the provider has the obligation to inform the user on the costs to be born in case of releasing the terminal before the expiry of the contract.

The draft decision on establishing the conditions for releasing the terminals is available for consultation on the ANC website. The interested persons are invited to send their comments and suggestions, to the ANC headquarters (2 Delea Noua Street, sector 3, Bucharest) or directly to the ANC registration office, as well as to its territorial branches, no later than 20.02.2009. Comments may be sent, as well, by fax, to +40 372 845 402 or by e-mail to consultare@anrcti.ro.