03 May 2012
The National Authority for Management and Regulation in Communications (ANCOM) has agreed today with the communications industry the text of the Regulatory guide for the Mobile Network Operators (MVNO) operating on the Romanian electronic communications market. The Guide clarifies and classifies the concept of mobile virtual network operator and explains the practical modalities of general authorisation, allocation of numbering resources and conclusion of agreements in view of gaining access to the mobile network, respectively of interconnection agreements for the mobile virtual network operators, in the context of the current legal framework. The Guide recommends terms and conditions for different stages of the relation between the virtual operator and the network operator, but it does not have a mandatory character for none of these operators.
The mobile virtual network operators are providers of electronic communications services which have their own customers without holding their own radio access network and therefore, in order to provide services, they use the network of another provider operating a mobile communications network. The Guide identifies the types of mobile virtual network operators in keeping with the network facilities they hold.
The Guide shows that the providers intending to become mobile virtual network operators will observe the general authorisation regime and will register with ANCOM in line with the regulations in force. As for the numbering resources, the mobile virtual network operators may use the numbering resources allocated therefor by ANCOM. The mobile virtual network operators will also comply with the obligations related to number portability.
The Guide recommends to the provider intending to become a mobile virtual network operator to set a business strategy and an operational model, to negotiate and conclude an agreement with a mobile network operator which is to comprise the technical and commercial conditions for the network access and allow the MVNO to provide mobile communications services to the end-users. Furthermore, a mobile network operator will negotiate with the potential mobile virtual network operators in keeping with the principles of contractual freedom and negotiation in good faith.
An access agreement concluded between the existing operators and a mobile virtual network operator must allow for an efficient economic use of the network, must contain non-discriminatory conditions in terms of quality of service as compared to those offered for the mobile network operator’s own services, must not limit the commercial autonomy of the mobile virtual network operator nor its capacity to change the host-operator or to conclude agreements with several operators, nor its development possibilities, mostly as far as the duration and the conditions for the renewal, termination and cancellation of the access agreement are concerned.
Moreover, the Authority recommends that the negotiation of the access agreement should not exceed 6 months from the request submission date, for the first access agreement, and 3 months, for the subsequent agreements.
According to the Guide, the mobile virtual network operators have the right to negotiate access and interconnection agreements with any provider of electronic communications networks and services, while complying with the obligations imposed by ANCOM in the field.
Since the mobile virtual network operators do not hold frequency usage rights in view of the provision of mobile communications services, they will not pay fees for the use of the radio spectrum.
The Guide establishes a set of recommendations concerning the activity of the mobile virtual network operators on the Romanian market and was elaborated as a result of the increased interest for this type of business model. 17 of the operators authorised by ANCOM to provide electronic communications networks and/or services pointed up during the general authorisation process the intention to operate as mobile virtual network operators.