ANCOM

Today, ANCOM has submitted to public consultation a draft decision where it proposes to lower by 15% the tariffs for the use of radio spectrum for 2011 and 2012, i.e. the tariffs owed by all the licence holders, excluding the tariffs owed by the holders of the licences for the use of radio frequencies awarded for occasional satellite broadcasting, SNG-type (satellite broadcastings performed by persons with headquarters outside Romania). The regulatory authority thus wishes to support the providers of electronic communications networks and services, holders of the rights to use radio frequencies, who registered a decrease in the revenues achieved from activities specific to the electronic communications field.

The aforementioned draft is justified by the current environment of the electronic communications sector, the revenue decrease influencing, in one way or another, the operators’ capacity to invest. Thus, ANCOM aims at encouraging investments in the electronic communications sector. The reduction percentage takes into account the fact that the statistical data available to ANCOM show a decrease of the operators’ nominal total revenues in euro by 14.7% in 2009 as compared to 2008.

Considering that the effects of the normative act will occur after the entry into force of the decision, ANCOM proposes to start reducing the tariff for the use of spectrum for 2010 in April by 20%. Thus, from the calculations for the entire year, results an effective reduction of the annual tariff by 15%.

The draft decision submitted to public consultation also proposes a new approach regarding the manner of charging the tariff for the use of spectrum. This tariff is to be charged at the end of the period when the scarce resource is used.

Furthermore, ANCOM proposes changing the limit from which the tariff for the use of spectrum is calculated annually. Subsequently to analysing the effects of the decision adopted in 2009 on the spectrum tariffs, ANCOM deems opportune to reduce the limit by 50%, from EUR 200 to 100. This measure is permanent and, beside its implementation, a temporary reduction by 15%, for 2011 and 2012, will be applied, in order to keep the principle of consistency of measures.

Taking into account the need to speed up the process of adoption of the ANCOM president’s draft decision, generated by the fact that, according to the provisions in force, the first decisions-outstanding debts should be issued by 31 January, the measure proposed by the regulatory authority must be adopted under emergency and, therefore, the deadline for this public consultation is 10 days.

The draft decision is available for consultation here. The interested persons are invited to send their comments and suggestions, by 24.01.2011, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, or directly to the Registry. Comments and recommendations may also be sent by fax to +40 732 845 402 or by e-mail to consultare@ancom.org.ro.