As a result of the complaints forwarded by the Cable Communications Association (ACC), regarding the decisions taken by the General Council of Bucharest and the Local Council of Bacau to impose the electronic networks providers certain local taxes for “occupying the public and private domain” respectively for “temporary use of public places”, ANRC specifies:
The above mentioned councils established certain local taxes for the electronic communications networks providers, depending on the number of users and the cable length. Yet, art.no.48 of the republished EGO. no.36/2002, regarding the local taxes and fees stipulates that : “In exercising their attributions regarding the public and private domain of the territorial and administrative units, the local or district councils may tax the temporary use of the public places with a sum ranging from 1.000 ROL to 100.000 ROL per day […]”. The methodological norms stipulate that certain criteria must be taken into account before establishing the above mentioned taxes. A carefull analysis of these criteria leads to the conclusion that these taxes refer to the parking of vehicles, depositing of materials, commercializing of products in markets, fairs, access to parks, zoos etc. Therefore, these taxes should be imposed only for temporary activities that take place in those areas and not for installing electronic communications networks.
Moreover, the EGO.No.79/2002 regarding the general communications regulatory framework, approved with changes and additions by Law no.591/2002, stipulates that the right to inatall electronic communications networks on properties, including the public and private domain of administrative and territorial units, may be exercised only after a previous agreement with the owner of the property or administration right.
In establishing the price for the use of public buildings thare are certain principles that have be observed: the price settled should be non-discriminatory among the providers of public networks and it should cover only the direct and certain prejudices related to the installation works. Thus, it is clear that the use of public area to set electronic communications networks can only be exercised on the basis of a previous billateral contract, negotiated by the involved parties, and its terms may not be decided by an unilateral act of the public local administration.
ANRC, whose main objective is to protect the rights and interests of the users, as well as to promote competition within the electronic communications sector, cannot remain indifferent to the negative effects brought about by the imposal of the above mentioned taxes. These taxes, if maintained, will contribute to the raise of the tariffs charged to the users.
The decisions that establish these taxes are illegal and any interested person has the right and means to demand their annulment in Court.