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Emergency Ordinance no. 79/2002, on on the General Regulatory Framework for Communications


This consolidated version has been drafted by the National Regulatory Authority for Communications by inserting in the text of the Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications, published in the Official Journal of Romania, Part I, no. 457 of June 27th, 2002, the amendments and completions that have been operated through the Law no. 591/2002, published in the Official Journal of Romania, Part I, no. 791 of October 30th, 2002. The amended and the newly introduced texts are being presented between inverted commas.

 

CHAPTER I
General Provisions

Art. 1 – The purposes of this Emergency Ordinance are:
“a) the establishment of the general regulatory framework for the activities related to electronic communications networks and services, by defining the objectives and attributions of the National Regulatory Authority for Communications, hereinafter referred to as ANRC, in the field of electronic communications, the authorisation regime for such activities, as well as the specific rules governing competition in the market for electronic communications networks and services;”
b) the establishment of the objectives and attributions of ANRC in the field of postal services;
c) the setting up of ANRC, as the body of the central public administration specialised in the field of electronic communications and postal services.

Art. 2 – (1) For the purposes of this Emergency Ordinance, the following definitions shall apply:
a) provision of an electronic communications network – the installation, operation, control, or making available of an electronic communications network;
b) provider of an electronic communications network – a person whose business consists, in whole or in part, of the provision of an electronic communications network;
c) end-user – any user, except for those who provide public communications networks or publicly available electronic communications services;
d) consumer – any natural person who uses or requests a publicly available electronic communications service for purposes other than those of its commercial or professional business;
“e) harmful interference – an interference which negatively influences the functioning of a radio-navigation service or of other safety services or which otherwise severely affects, obstructs, or repeatedly interrupts an electronic communications service using radio-electric frequencies and operating in accordance with the legal provisions in force.”
(2) For the purposes of this Emergency Ordinance, the definitions set out in Art. 2 of the Government Ordinance no. 34/2002 on the access to the public electronic communications networks and to the associated infrastructure, as well as their interconnection, hereinafter referred to as the Access Ordinance, and in Art. 2 of the Government Ordinance no. 31/2002 on postal services, hereinafter referred to as the Postal Services Ordinance, shall also apply.

Art. 3 – (1) The provisions of this Emergency Ordinance shall not apply to the provision, exclusively for own needs, of electronic communications networks and services that do not use radio-electric frequencies.
(2) The provisions of this Emergency Ordinance shall not apply to the provision of electronic communications networks and services by the institutions within the National Defence System for their own needs, which shall be subject to the specific regulations applicable to those institutions.
(3) The interconnection of the electronic communications networks belonging to the institutions within the National Defence System with the public communications networks shall be performed in accordance with the provisions of the Access Ordinance.


CHAPTER II
Authorisation of Electronic Communications Networks and Services Provision

Art. 4 – (1) There shall be freedom to provide electronic communications networks and services, activity which shall be pursued under the general authorisation regime, in accordance with the provisions of this Chapter.
(2) At least 7 days before starting the activity, any person intending to provide electronic communications networks or services shall transmit to ANRC a notification on this intention, for the purpose of setting out an official record of the providers. The notification shall be made in the form provided for in paragraph (3).
(3) ANRC shall establish and update the standard notification form, which shall contain the information that any person intending to provide electronic communications networks or services shall communicate in order to benefit from the general authorisation. This information shall be grouped under the following categories:
a) data necessary to identify and efficiently communicate with the provider;
b) description of the types of networks or services that the relevant person intends to provide;
c) estimated date for starting the activity.
“(4) The person who submitted the notification within the term and in compliance with the conditions set out in paragraphs (2) and (3) shall be authorised to provide the types of networks or services he/she indicated in the notification, having all the rights and obligations under the general authorisation that shall be elaborated, updated, modified, and repealed in accordance with Art. 5.”
(5) Any modification of the data referred to in paragraph (3) shall be notified to ANRC within 10 days.
(6) The persons that have been withdrawn the right to provide electronic communication networks or services cannot benefit from the general authorisation for the same type of network or service, for a 5 years period after the withdrawal of the right.

Art. 5 – (1) ANRC shall elaborate and update the general authorisation for the types of networks and services, whereby it shall set out the conditions for the provision thereof, thus determining the rights and obligations of the providers of each type of network or service.
(2) The conditions mentioned in paragraph (1) shall be objectively justified in view of the relevant type of network or service and shall be non-discriminatory, proportionate, and transparent. They may target the following:
a) financial contributions for financing the universal service;
b) payment of the annual monitoring tariff;
c) interoperability of services and interconnection of networks;
d) availability of numbering resources for end-users, including conditions imposed on the grounds of the special legislation on the universal service;
e) requirements on the environment protection, town and country planning, as well as requirements and conditions linked to the granting of the right of access on properties, co-location and facility sharing, including, as the case may be, the financial or technical guarantees necessary to ensure the proper execution of infrastructure works;
f) obligations regarding the retransmission of programme services through the electronic communications networks, in accordance with the provisions under the legislation on audiovisual;
g) processing of personal data and protection of privacy;
h) consumer protection;
i) restrictions in relation to the transmission of illegal and harmful content, in accordance with the applicable legal provisions in the field of electronic commerce and audiovisual;
j) information to be provided on grounds of Art. 4 paragraph (3) and Art. 51;
k) legal interception of communications, including the bearing by the providers of electronic communications networks or services of the corresponding costs, and ensuring the confidentiality by means of their own systems, accredited under the legislation in force;
l) provision of electronic communications networks and services during the situations generated by a natural calamity or an extremely serious disaster;
m) measures aimed at limiting the exposure of the population to the effects of electromagnetic fields generated by the electronic communications networks, under the conditions set out by the legal provisions in force;
n) access obligations, other than those referred to in Arts. 5, 6 and 8 of the Access Ordinance or in the special legislation on the universal service;
o) maintenance of the integrity of public communications network, including by conditions to prevent harmful interference between electronic communications networks or services;
p) ensuring the security of public communications networks against unauthorised access;
q) conditions for the usage of radio-electric frequencies whose usage is subject only to the general authorisation regime, in accordance with the provisions of Art. 13 paragraph (2);
r) measures intended to ensure compliance with the technical standards or specifications;
s) criteria and procedures for imposing the obligations referred to in Arts. 5, 6, and 8 of the Access Ordinance or in the special legislation on the universal service.
“(3) ANRC shall amend the general authorisation, by observing the principles of objectivity and proportionality, only upon completion of the consultation procedure provided for in Art. 50 and only in the following situations:
a) such a decision is necessary in order to comply with the obligations under an international agreement in which Romania is a party;
b) the circumstances under which the general authorisation was issued have changed.”
“(4) ANRC shall repeal the general authorisation, by observing the principles of objectivity and proportionality, only upon completion of the consultation procedure provided for in Art. 50 and only in the following situations:
a) such decision is necessary in order to comply with the obligations under an international agreement to which Romania is a party;
b) in order to protect the public interest, when the circumstances subject to which the general authorisation was issued have changed.”

Art. 6 – (1) The persons authorised to provide electronic communications networks or services pursuant to Art. 4 shall benefit from the right of access on properties, under the conditions set out in Chapter IV herein.
(2) The persons authorised to provide public communications networks or publicly available electronic communications services pursuant to Art. 4 shall also benefit from the following rights:
a) the right to negotiate and conclude access or interconnection agreements with any other authorised providers of public communications networks or of publicly available electronic communications services, in accordance with the Access Ordinance;
b) the right to be designated for the provision of any of the universal service components, on the entire national territory or in certain areas thereof, under the conditions set out by the legal provisions in force.
(3) Upon request or ex officio, ANRC shall issue, within at most 7 days, a standard certificate attesting that the relevant person has sent a notification in compliance with the conditions set out in Art. 4 and presenting the conditions subject to which the relevant person benefits from the right of access on properties and from the right to negotiate access or interconnection agreements.


CHAPTER III
Legal Regime of the Radio Frequency Spectrum
and of the Numbering Resources

Art. 7 – (1) Radio-electric frequencies and numbering resources are scarce resources under the public property of the state.
(2) The administration and management of the radio-electric frequencies and of the numbering resources shall be carried out in accordance with the principles of objectivity, transparency, non-discrimination, and proportionality.

“Art. 8 – (1) The Ministry of Communications and Information Technology, hereinafter referred to as the Relevant Ministry, shall adopt the National Frequency Band Allocation Table.
(2) The General Inspectorate for Communications and Information Technology, hereinafter referred to as IGCTI shall ensure, under the conditions set out by the legal provisions in force, the radio-electric frequencies administration and management coordination at a national level, in accordance with the National Frequency Band Allocation Table and with the international agreements in which Romania is a party.
(3) The Relevant Ministry may, for a limited period, prohibit the partial or total use of a frequency band or of a certain frequency by natural or legal persons, upon the request of the competent public authorities, supported by grounding arguments, in cases where the national security, public order, or national defence so require.
(4) The public authorities competent in the field of national defence, public order, and national security shall have the right to use the radio-electric frequency bands allocated, to the extent this is necessary for the fulfilment of the special attributions conferred by the law.
(5) Should the change of destination of a frequency band with governmental allocation used by the Ministry of National Defence for national defence purposes be necessary, the costs of acquisition of the equipments necessary for the use of the new frequencies shall be compensated. The manner of compensation of these costs shall be established by Government Decision.”

Art. 9 – The activity of the Relevant Ministry with respect to the radio-electric frequency spectrum administration and management coordination shall be assisted by the Interdepartmental Radio-communications Commission, a consultative body of the Relevant Ministry, whose establishment, organisation and functioning are regulated by Government Decision.

“Art. 10 – (1) The authorities responsible with the management of the radio-electric frequency bands are the following:
a) IGCTI, for the frequencies in the bands which are allocated for non-governmental use;
b) the competent bodies in the field of national defence, public order, and national security, for the frequencies in the bands which are allocated for governmental use.
(2) IGCTI shall individually assign for usage the radio-electric frequencies in the bands provided for in the National Frequency Band Allocation Table and shall permanently keep a record of their use, in accordance with the procedure established by IGCTI.
(3) The authorities referred to in paragraph (1) shall ensure the mutual exchange of information regarding the frequency assignments performed, in accordance with the provisions of Law no. 182/2002 on the protection of classified information. The authorities referred to in paragraph (1) shall collaborate, under the co-ordination of IGCTI, in order to identify and locate unauthorised emissions and the harmful interferences, with a view to ensuring the radio-electric protection of all the electronic communications services using radio-electric frequencies.”

“Art. 11 – (1) ANRC shall adopt the National Numbering Plan.
(2) ANRC shall ensure, under the conditions set out by the legal provisions in force, the administration and management of numbering resources at a national level, in compliance with the National Numbering Plan and the international agreements in which Romania is a party.”

Art. 12 – (1) ANRC shall ensure that adequate numbering resources are made available for all the providers of publicly available electronic communications services.
(2) The management of the numbering resources shall be performed in compliance with the principle of equal treatment granted to all providers of publicly available electronic communications services.
“(3) The providers of publicly available electronic communications services to whom ranges of numbers have been allocated shall apply the principles of non-discrimination and transparency as to other providers of electronic communications services, regarding the number sequences used to give access to their services.”

“Art. 13 – (1) The use of radio-electric frequencies and numbering resources shall only be allowed upon obtaining a license, granted, in accordance with the law, under such conditions as to ensure their efficient use.”
(2) IGCTI may designate certain categories of frequencies that can be used freely, subject to the general authorisation regime concerning the access and the conditions of use, in cases where this is technically possible and especially when the harmful interference risk is low.
(3) Where applicable, granting of the right to use radio-electric frequencies shall observe the procedure and the conditions harmonised at a European level, by observing the provisions under the international agreements in which Romania is a party.
“(4) The use of the radio-electric frequencies necessary for the own needs of the institutions within the National Defence System shall be free of charge and shall require the grant of a license, being allowed on the grounds of the allocation performed by the Relevant Ministry, by the National Frequency Band Allocation Table, and in compliance with:
a) the technical and operational requirements necessary for the avoidance of harmful interferences and for the limitation of exposure of the population to the effects of electromagnetic fields, where such conditions are different from those included in the general authorisation;
b) the obligations resulted from the international agreements relating to the use of frequencies.”

Art. 14 – (1) The license for the use of radio-electric frequencies is the administrative document whereby IGCTI grants to a provider authorised pursuant to Art. 4 the right to use one or several radio-electric frequencies in order to provide electronic communications networks or services, in compliance with certain technical parameters and for a limited period of time.
(2) The license for the use of radio-electric frequencies establishes the conditions under which the holder may exercise the right provided for in paragraph (1). Such conditions shall be objectively justified in relation to the type of network or service concerned and shall be non-discriminatory, proportionate, and transparent. They may target the following:
a) the designation of the type of network or service or of the technology for which the right of use has been granted, including, as the case may be, the exclusive use of a frequency for the transmission of a certain content or for the retransmission of certain programme services;
b) the effective, rational, and efficient use of the frequencies, including, where appropriate, territory coverage requirements;
c) technical and operational requirements necessary for the avoidance of harmful interferences and for the limitation of exposure of the population to the effects of electromagnetic fields, where such conditions are different from those included in the general authorisation;
“d) the duration for which the right of use is granted, subject to the modification of the National Frequency Band Allocation Table;”
e) the transfer of the license;
f) the spectrum usage tariff, established in accordance with Art. 19;
g) any obligations undertaken by the relevant provider during a competitive or comparative selection procedure;
h) obligations resulted from the international agreements relating to the use of frequencies.

Art. 15 – (1) The licenses for the use of radio-electric frequencies shall be granted through an open, transparent, and non-discriminatory procedure, within at most 6 weeks after receipt of an application in this respect, except for the licenses that are granted through a competitive or comparative selection procedure, for which the term is at most 8 months.
(2) The terms under paragraph (1) may be modified by IGCTI if this is necessary for ensuring compliance with an international agreement regarding the use of radio-electric frequency spectrum or the orbital positions, in which Romania is a party.

Art. 16 – (1) The number of licenses for the use of radio-electric frequencies to be granted may be limited only when necessary in order to ensure an efficient use of the radio-electric frequency spectrum.
“(2) Limiting the number of licenses for the use of radio-electric frequencies to be granted shall be permitted only if the following conditions are met:
a) IGCTI shall take into account the need that the measure maximises benefits for users and facilitates the development of competition;
b) IGCTI shall give all interested parties, including users and consumers, the opportunity to express their views on the limitation decision.”
“(21) IGCTI shall publish the decision to limit the number of licenses, together with a statement of reasons therefor.”
“(22) After establishing the procedure for granting the respective licenses, IGCTI shall launch the invitation for submitting the requests, in accordance with the established procedure.”
(3) IGCTI shall examine the decision to limit the number of licenses on an annual basis or upon receipt, from an interested person, of an application stating the reasons therefor, in order to establish whether this limitation is still justified.
“(4) Where IGCTI considers that new radio-electric frequencies meet the necessary conditions for being granted, it is bound to inform the public in this respect and to launch the invitation for submitting the requests.”
(5) The granting of licenses whose number has been limited shall be made only according to objective, transparent, non-discriminatory, and proportionate criteria.

Art. 17 – (1) The license for the use of numbering resources is the administrative document whereby ANRC grants to a provider authorised pursuant to Art. 4 the right to use certain numbers in order to provide electronic communications services, for a limited period of time.
(2) The license for the use of numbering resources establishes the conditions subject to which the holder may exercise the right provided for in paragraph (1). Such conditions shall be objectively justified in relation to the service concerned and shall be non-discriminatory, proportionate, and transparent. They may target the following:
a) the designation of the service for which the right of use of the numbering resources has been granted, including any requirements related to the provision of that service;
b) the effective, rational, and efficient use of the numbering resources;
c) requirements concerning number portability;
d) obligations related to the services for public directories of subscribers;
“e) the duration for which the right of use is granted, subject to the modification of the Numbering National Plan;”
f) the transfer of the license;
g) the numbering resources usage tariff, established in accordance with Art. 19;
h) any obligations undertaken by the relevant provider during a competitive or comparative selection procedure;
i) obligations resulted from the international agreements relating to the use of numbering resources.

Art. 18 – (1) The licenses for the use of numbering resources shall be granted through an open, transparent, and non-discriminatory procedure, within at most 3 weeks after receipt of an application in this respect, except for the licenses that are granted through a competitive or comparative selection procedure, for which the term is at most 6 weeks.
(2) ANRC shall grant licenses for the use of numbering resources each time it receives a grounded application in this respect, considering the nature of the service concerned, the need for the applicant to obtain the respective numbering resources, the applicant’s position in the market, and the assurance of an efficient use of the national numbering resources.
(3) After consulting the interested parties, under the conditions set out by the legal provisions in force, ANRC may decide to grant certain categories of numbers, with special economic value, through competitive or comparative selection procedures.

Art. 19 – (1) The holder of the license for the use of radio-electric frequencies is bound to annually pay to IGCTI a spectrum usage tariff established by IGCTI.
(2) ANRC may impose to the holders of licenses for the use of numbering resources to pay a tariff for the usage of these resources.
(3) The tariffs provided for under paragraphs (1) and (2) shall ensure the optimal use of the radio-electric frequencies and of the numbering resources, and shall be objectively justified, transparent, non-discriminatory, and proportionate in relation to their intended purpose.

Art. 20 – (1) The license for the use of radio-electric frequencies and the license for the use of numbering resources may be transferred to a third party authorised pursuant to Art. 4, only with the prior approval of IGCTI, respectively of ANRC, and only subject to undertaking all the obligations deriving from these licenses, as well as to observing the transfer conditions set out therein.
(2) Any agreement having as object the transfer of the license, concluded without observing the provisions under paragraph (1), shall be legally null and void.
(3) The transfer of the license shall not result in restricting, obstructing, or distorting competition and, in cases where the usage of the frequencies is harmonised at the European Union level, it shall not lead to the change of destination of the frequencies constituting the object of the license in a manner which contravenes to this harmonised usage.
(4) IGCTI, or ANRC, respectively, shall be responsible for bringing the transfer of the license to the knowledge of the public.

Art. 21 – The application and granting procedure for the licenses for the use of radio-electric frequencies and of numbering resources shall be established by regulation, approved by decision of the IGCTI president, or by Decision of the ANRC president, respectively.


CHAPTER IV
Rights of Way

Art. 22 – The providers of electronic communications networks authorised pursuant to Art. 4 may, under the conditions set out by this Emergency Ordinance, install, maintain, replace, or move any elements of the electronic communications networks, including the supports and the other facilities necessary for their sustaining, as well as the terminal points used for providing electronic communications services, on, above, in, or under the immovables under public or private property, as the case may be.

Art. 23 – (1) The providers of electronic communications networks authorised pursuant to Art. 4 shall have the right to install, maintain, replace, or move any elements of the electronic communications networks, on, above, in, or under the immovables under the public property of the state or of the administrative-territorial units only to the extent that all of the following conditions are met:
a) exercising this right is compatible with the public use or interest for which the immovables concerned are intended;
b) the execution of the works concerned does not contravene to the specific requirements concerning the town or country planning, the protection of the environment, of health or public order, which are to be observed in the activities being deployed on, above, in, or under the immovables concerned;
c) the conditions for exercising this right have been established by agreement of the parties or, in the absence of such agreement, by a court decision.
(2) The providers of public electronic communications networks authorised pursuant to Art. 4 shall have the right to execute the works referred to in Art. 22 on, above, in, or under the immovables under private property only to the extent that all of the following conditions are met:
a) the immovables concerned would not be affected or would be insignificantly affected by the execution of these works, or, if another provider of electronic communications networks authorised pursuant to Art. 4 has already executed works which are similar in nature to those referred to in Art. 22 on, above, in, or under the immovables concerned, exercising the right of use over the immovables concerned would not be permanently affected by an additional restraint caused by new such works;
b) the execution of the works referred to in Art. 22 is not such as to contravene the specific requirements concerning the town or country planning, the protection of the environment, of health or public order, which are to be observed the activities being deployed on, above, in, or under the immovables concerned;
c) the conditions for exercising this right have been established by agreement of the parties or, in the absence of such an agreement, by a court decision.

Art. 24 – The works referred to in Art. 22 may be executed only in compliance with the legal provisions concerning:
a) the location of and the authorisation for the execution of the construction works;
b) the design and the location of constructions and installations in road areas, on bridges, passages, viaducts, and traffic tunnels, as well as in the areas intended for the protection of airports and navigation;
c) the conditions for locating the technical-urban works and the poles for installations in road areas;
d) the quality in constructions;
e) the public hygiene and health protection;
f) the environment protection;
g) the labour protection.

Art. 25 – (1) ANRC may impose on a provider of electronic communications networks executing works that fall within the category referred to in Art. 22 over an immovable under public or private property, the obligation to allow another provider of electronic communications networks authorised pursuant to Art. 4 to use the supports and the other facilities intended to sustain the network elements, installed, built, or refurbished by the first provider, in order to execute the works referred to in Art. 22, if the following conditions are cumulatively met:
a) the conditions necessary for the second provider to benefit from the right provided for in Art. 23 are not met, or the use of similar facilities installed, built, or refurbished by the second provider while individually exercising the right provided for in Art. 23 would imply disproportionate expenses as compared to the shared use of the facilities under the conditions set out by this Article;
b) the works referred to in Art. 22 may be executed by the second provider by using the same facilities, under conditions at least as convenient as those which may be ensured by using other similar facilities installed, built, or refurbished by this second provider;
c) this shared use of the facilities does not technically affect and does not additionally burden the execution by the first provider of the works specified in Art. 22, or the performance of its activities related to the provision of electronic communications networks;
d) the shared use of the facilities does not require the execution of major supplementary installation, building, or refurbishing works.
(2) In cases where ANRC imposes on a provider of electronic communications networks the obligation provided for in paragraph (1), it shall also establish the conditions for the shared use of the facilities.

Art. 26 – (1) The holders of the right established under Art. 23 may exercise this right only upon concluding an authentic contract with the proprietor of the immovable concerned, whereby the conditions for exercising this right are established. In case of the immovables under public property which are being administered by a third party, the contract shall be concluded with the holder of the administration right.
(2) The conditions established by the contract concluded with the proprietor or with the holder of the administration right over the immovables under public property shall be non-discriminatory for all the providers of public communications networks. The proprietor or the holder of the administration right shall be in charge with the publication of the contract thus concluded. A copy of the contract shall be delivered to ANRC, which is bound to make it available to any interested party.
(3) The contract concluded pursuant to this Article shall provide at least:
“a) the areas where access is allowed, the working methods to be used, and the actual conditions, including the period of time, subject to which the holder of the right established under Art. 23 has access to the immovable in order to install or maintain the facilities concerned;”
b) the conditions subject to which the proprietor or the holder of the immovable may execute works that would affect the access to elements of the electronic communications networks or their proper maintenance, or which would require their movement.
(4) The contract concluded pursuant to this Article shall provide the obligation for the holder of the right established under Art. 23 to pay to the proprietor or to the holder of the administration right over the immovable concerned a price representing the value of usage and the compensation for the damages caused by the execution of works. In case of immovables under public property, the price shall be established in compliance with the following principles:
a) the price shall be non-discriminatory for the providers of public communications networks, should be justified and proportionate in relation to the usage of the immovable concerned;
b) the price shall cover only the direct and certain damages caused by the execution of the works referred to in Art. 22, as well as by the presence and functioning of the elements of the electronic communications networks that make the object of these works.
“(5) In cases where the Government establishes the obligation to pay certain amounts as tariffs or taxes for usage or with any other title, due for the occupation and use of certain immovables under public property, such as roads, bridges, passages, viaducts, tunnels, supports and the other facilities intended to support the network elements, and others similar, the holder of the right established under Art. 23 owes only these amounts as price of the contract.”
(6) Any clause contrary to the provisions of paragraph (5) shall be legally null and void.
(7) The contract concluded pursuant to this Article shall be opposable to any holder of a real right over the immovable concerned, as well as to the holder of the concession right, lending right and to the holder of any other title.

Art. 27 – (1) In cases where the contract provided for in Art. 26 may not be concluded within 4 months from the date when the applicant submitted the request to start the negotiations to the proprietor or to the holder of the administration right over the immovable concerned, the applicant may address the competent court of law.
(2) In cases where the court finds the application grounded, it may issue a decision which substitutes the contract between the parties.
(3) When the right established under Art. 23 is exercised over an immovable under public property, the proprietor or the holder of the administration right shall be in charge with the publication of the court decision. A copy the court decision shall be delivered to ANRC, which is bound to make it available to any interested party.
(4) The provisions of Art. 26 paragraph (7) shall correspondingly apply to the court decision which substitutes the contract between the parties in accordance with paragraph (2).

Art. 28 – (1) The persons empowered by the providers of electronic communications networks authorised pursuant to Art. 4 to execute the works referred to in Art. 22 or to run study or design activities in order to execute these works, have the right of access on, above, in, and under the immovables under public or private property, as the case may be, only to the extent where the access is necessary for accomplishing their job tasks, based on a written power-of-attorney from the providers concerned, and with the approval of the holder of the right of use or, in the absence of his approval, with the approval of the proprietor or of the holder of the administration right.
(2) The holder of the right of use and the proprietor or holder of the administration right are not entitled to deny the access of the persons mentioned in paragraph (1), in if such access complies with the conditions set out in a contract concluded pursuant to Art. 26 or with the court decision issued pursuant to Art. 27.
(3) In the absence of such approval, the access may be authorised by court decision. In case of emergency, the court may order the access by Presidential Ordinance.
(4) Where the execution of some emergency maintenance or repair works is required in order to prevent or remove the consequences of a natural calamity or a very serious disaster, or where the maintenance or repair works are required by the national security or the public order, the persons empowered in accordance with paragraph (1) shall have the right of access without the approval of the holder of the right of use or of the proprietor or holder of the administration right, based upon Presidential Ordinance. The request for Presidential Ordinance shall be judged as a matter of emergency, in the Council Chamber, without the obligation of summoning the parties.

Art. 29 – (1) The right established under Art. 23 does not affect the existence of the property right or of other real rights over the immovable concerned, or over the shared facilities, or over the elements of the electronic communications networks.
(2) Exercising the right established under Art. 23 shall not cause the change of destination of the immovable concerned, shall affect to the lowest extent its use by the holder of the right of use and the external aspect of the premises, and shall not endanger any persons’ health or physical integrity.

“Art. 30 – The holder of the right established under Art. 23 may require the proprietor or the holder of the administration right, as the case may be, to cut down, under the conditions set out by the legal provisions in force, the trees or bushes, as well as the branches or roots that render or would render more difficult the execution of the works referred to in Art. 22. These works shall be performed at the applicant’s expense and upon payment of damages under the conditions set out in Art. 26 paragraph (4) letter b).”

“Art. 31 – (1) The holder of the right established under Art. 23 is bound to relocate the elements of the electronic communications networks within the same property, at his own expense, when this relocation is necessary for the construction of buildings or for the execution of works by the proprietor or by the holder of the administration right, as the case may be, under the conditions set out in the contract concluded pursuant to Art. 26 or in the court decision issued pursuant to Art. 27.
(2) When the relocation of the elements of the electronic communications networks is necessary for the execution of works by a person other than the proprietor or the holder of the administration right, as the case may be, the expenses shall be born by these other persons, if not otherwise agreed upon in the contract concluded pursuant to Art. 26.”


CHAPTER V
Rules Applicable to Providers of Electronic Communications Networks and Services Having Significant Market Power

Art. 32 – (1) ANRC in co-operation with the Competition Council shall elaborate and update:
a) the Regulation on the identification of the relevant markets within the electronic communications sector;
b) the Regulation for conducting market analyses and determining the significant market power.
(2) The Regulation on the identification of the relevant markets within the electronic communications sector shall identify those product and service markets the characteristics of which may be such as to justify the imposition by ANRC of certain specific obligations on the providers of electronic communications networks or services having significant market power.
(3) The Regulation for conducting market analyses and determining the significant market power shall set out the rules according to which ANRC shall perform the analysis of the markets identified pursuant to the Regulation on the identification of the relevant markets within the electronic communications sector and determine if a provider of electronic communications networks or services has significant power in a certain market. The Regulation for conducting market analyses and determining the significant market power shall also contain the criteria based on which ANRC shall determine if two or more providers of electronic communications networks or services jointly have significant market power on a certain market.
(4) The provisions of the regulations under paragraph (1) shall observe the principles established under the Competition Law no. 21/1996 and under the regulations issued in view of its application.

Art. 33 – (1) A provider of electronic communications networks or services shall be deemed to have significant power in a certain market if, either individually or jointly with other such providers, it enjoys a position equivalent to dominance in the market concerned.
(2) Dominance in a certain market means the situation where a provider of electronic communications networks or services is able, to a considerable extent, to behave independently from competitors, clients, and consumers.
(3) The competitors shall also include the potential competitors, that is to say those persons who, under the given economic circumstances, are able to enter the market concerned with services they provide in other geographic areas, or by fast adaptation of their technology, under acceptable conditions of efficiency.
(4) If there is a single provider of electronic communications networks or services in a given market, it is presumed to have significant power in the market concerned.
(5) Where a provider of electronic communications networks or services has significant power in a certain market, it may also be deemed to have significant power in a closely related market, provided that the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the provider.

Art. 34 – (1) Where the law requires that imposing, maintaining, amending, or withdrawing of certain obligations are to be made following a market analysis conducted under the conditions set out by the legal provisions in force, ANRC shall establish whether the relevant market is effectively competitive, on the basis of a market analysis carried out in accordance with the Regulation for conducting market analyses and determining the significant market power. In carrying out this analysis, ANRC shall collaborate, where appropriate, with the Competition Council.
“(2) If on the basis of the market analysis thus carried out ANRC establishes that the relevant market concerned is effectively competitive, it shall not impose any of the obligations mentioned in paragraph (1) or, in cases where such obligations already exist, it shall withdraw them. At least 30 days prior to the withdrawal of any obligations imposed on a provider of electronic communications networks or services, ANRC must notify the persons affected by this measure, in order to allow them to adapt to the new conditions.
(3) If on the basis of the market analysis thus carried out ANRC establishes that the relevant market concerned is not effectively competitive, it shall identify, by applying the Regulation for conducting market analyses and determining the significant market power, the providers of electronic communications networks or services which have, pursuant to Art. 33, significant market power, and may impose on them, as appropriate, one or several of the obligations mentioned in paragraph (1), or shall maintain or amend these obligations where they already exist.”
(4) The measures provided for in paragraphs (2) and (3) may only be taken following the procedure set out in Art. 50.


CHAPTER VI
Promotion of Competition and Resolution of Disputes between Providers

Art. 35 – (1) The providers of public communications networks and the providers of publicly available electronic communications services which have special or exclusive rights for the provision of services in other economic sectors, in Romania or in a member state of the European Union, shall have the following obligations:
a) to keep separate accounts for the activities associated with the provision of electronic communications networks or services, in the same way as this would be done if these activities were carried out by distinct legal persons, so as to identify all the elements of cost and revenue, with the basis of their calculation and the attribution methodologies applied, related to the activities associated with the provision of electronic communications networks or services, including an itemised breakdown of fixed asset and structural costs;
b) to have structural separation for the activities associated with the provision of electronic communications networks or services.
(2) The provisions of paragraph (1) letter a) shall not apply to the providers whose annual turnover in activities associated with the provision of electronic communications networks or services in Romania or in the member states of the European Union is less than EUR 50 million.
(3) The providers of public communication networks or the providers of publicly available electronic communications services which are not subject to the requirements of company law and do not satisfy the small and medium-sized enterprise criteria established by the accounting rules harmonised with the legal requirements of the European Union shall have their statutory financial statements drawn up, submitted to an independent financial auditor for approval, under the conditions set out by the legal provisions in force, and published. This requirement shall also apply to the separate accounts required under paragraph (1) letter a).

“Art. 36 – (1) In the event of a dispute arising between the providers of electronic communications networks or services or between the providers of postal services in relation to the obligations imposed on them on grounds of this Emergency Ordinance or of the special legislation, the interested party shall notify ANRC in view of resolving the dispute. The dispute shall be resolved by Decision of the president of ANRC within 4 months from the date when an application has been made in this respect, save for exceptional circumstances, when a longer term is necessary for the adequate resolution of the dispute.”
(2) The Decision shall be communicated to the parties together with the outline of the reasons therefor, and shall be published on the web site of ANRC, in keeping with the legal provisions on confidentiality.
(3) In the event of a cross-border dispute, ANRC shall collaborate with the similar authorities from the foreign state in order to resolve the dispute.
“(4) The Decision issued by the president of ANRC pursuant to this Article is a jurisdictional administrative act and may be appealed in front of the Administrative Division of the Court of Appeal.”
“(5) The procedure for the resolution of disputes provided for in this Article shall be set out by Decision of the president of ANRC, within 30 days from the entry into force of the law for the approval of this Emergency Ordinance.”


CHAPTER VII
The National Regulatory Authority for Communications

Art. 37 – The National Regulatory Authority for Communications is hereby set up as a public institution with legal personality subordinated to the Government, fully financed from extra-budgetary revenues, which has the role to enforce the national policy in the field of electronic communications and postal services.

Art. 38 – (1) The management of ANRC is ensured by a president and a vice-president, appointed by the Prime Minister for a 5-year term.
(3) The president represents ANRC in the relations with the Parliament, the Government, the ministries, and other public authorities and organisations, as well as with legal and natural persons from Romania or from abroad.
(4) The president of ANRC is a credit principal.
(5) In exercising his attributions, the president issues Decisions.
(6) The Decisions with normative character shall be published in the Official Journal of Romania, Part I.
(7) The Decisions, including those adopted in accordance with Art. 20 paragraph (3) of the Access Ordinance, may be appealed in front of the Administrative Division of the Bucharest Court of Appeal, within 30 days from their publication or communication, as the case may be, with no need to follow the preliminary procedure set out in Art. 5 of the Law no. 29/1990 on the disputes with the public administration, with the subsequent amendments.

Art. 39 – (1) In carrying out its activity, ANRC shall exercise its attributions in a transparent and impartial way and shall maintain its operational and financial independence in relation with:
a) the providers of electronic communications networks and services;
b) the manufacturers of equipments intended for the provision of electronic communications networks or services or their authorised representatives, the importers or dealers of such equipments;
c) the providers of postal services.
(2) The ANRC personnel, including its president and vice-president, may not hold shares in the companies having their object of activity in the fields of electronic communications, postal services, audiovisual or in other fields within the competence of ANRC, and may not have the quality of member of the board in such companies.

Art. 40 – (1) ANRC has its headquarters in Bucharest and holds territorial offices in each municipality capital of a county and in each district of Bucharest.
(2) The organisational structure of ANRC is approved by the president.

Art. 41 – (1) The financing of the ANRC current and capital expenses is ensured entirely from the following sources:
a) the monitoring tariff due, in accordance with Arts. 47 and 48, for the activity of surveillance and control of the electronic communications market carried out by ANRC;
b) the annual monitoring tariff due in accordance with Art. 51 of the Postal Services Ordinance;
c) the numbering resources usage tariff, due in accordance with Art. 19 paragraph (2) herein;
d) other revenues which may be obtained in accordance with the provisions of the normative acts in force.
(2) ANRC may accept donations, legacies, and sponsorships, under the conditions set out by the legal provisions in force.
(3) The income from the sources referred to in paragraph (1) shall be entirely retained as own extra-budgetary revenues, on a permanent basis, at the disposal of ANRC, and shall be used in accordance with the legally approved income and expenditure budget.

Art. 42 – (1) The annual income and expenditure budget of ANRC shall be elaborated by this institution and shall be approved by Government Decision.
(2) The unused amounts, determined at the end of the financial year as the difference between the revenues obtained and the expenses incurred, shall be carried over in the following year and shall be used in accordance with the legally approved income and expenditure budget.

Art. 43 – (1) The personnel of ANRC shall be hired on the basis of contest organised under the conditions set out by the legal provisions in force, in accordance with the organisational structure of the institution.
(2) The attributions, tasks, and individual responsibilities of the ANRC personnel shall be set out in the job description signed by the hierarchical superior and by the holder, on the basis of the ANRC Rules of organisation and functioning.
(3) Hiring, promotion, as well as modification or cessation of the labour relations of the ANRC personnel are approved by Decision of the president, under the conditions set out by the legal provisions in force.
(4) Remuneration of the ANRC personnel, including of the president and vice-president of the institution, shall be done in accordance with the legal provisions in force applicable to the public institutions fully financed from extra-budgetary revenues.


CHAPTER VIII
“Functions, Objectives, and Attributions of ANRC”

Art. 44 – (1) In order to fulfil its role as defined under Art. 37, ANRC shall have the following functions:
a) to enforce the sector policy and strategy in the electronic communications and postal services fields;
b) to administer and manage resources, whereby it plans, allocates, supervises, and evaluates the use of these resources in view of the enforcement of the policies in the field;
“c) to allocate the numbering resources for electronic communications services by elaborating the National Numbering Plan and future plans in this respect;”
d) to manage the numbering resources at the national level in view of their rational and efficient use;
e) to elaborate and adopt technical norms, to initiate national standards, to put forward international standards for adoption as national standards and to adopt technical regulations whereby the application of the standards is made compulsory, in the field of electronic communications and postal services, as well as for the use of numbering resources;
f) to regulate the activities in the fields of electronic communications, postal services, and numbering resources, by adopting and implementing Decisions with normative and individual character, as well as functional, operational, and financial procedures whereby the policies in these fields are applied; to supervise and control the observance of these policies;
g) to represent the country at the level of national, regional, and international bodies and organisations, in its capacity as state authority in the field of electronic communications and postal services, as well to communicate with such bodies or organisations;
h) to communicate with the other structures of the public administration, with the civil society, and with the citizens, as well as with the providers of networks and services in the field of electronic communications and postal services;
i) to be the arbiter and the decision-making body for the resolution of disputes between the providers of networks and services in the field of electronic communications and postal services, in order to ensure free competition and the protection of the users’ interests in the markets for such services.

Art. 45 – The objectives of ANRC activity are the following:
a) to enforce the sector policy and strategy in the electronic communications and postal services field, as defined by the Relevant Ministry;
b) to promote competition in all sectors of the electronic communications and postal services markets;
c) to promote transparency in the relations with the users, by keeping them adequately informed by the providers of networks and services operating in the electronic communications and postal services markets, including with respect to tariffs and to the other conditions for using the services;
d) to ensure the conditions for the Romanian citizens to exercise their right of access to the universal service, as provided for in the special legislation in the fields of electronic communications and postal services;
e) to protect the rights and interests of the users with respect to both electronic communications networks and services and postal services, including by taking all necessary measures so that the users obtain maximum advantage under the conditions of a competitive market, inasmuch as diversity of the offers, tariffs, and service quality are concerned;
f) to promote the specific interests of the disabled users and of the users with special social needs;
g) to protect the individuals’ rights, especially the right to privacy, with respect to the processing of personal data in the electronic communications and postal services sectors;
h) to encourage efficient investments in infrastructure and to promote innovation in the electronic communications and postal services sectors;
i) to promote the integrity and security of the public communications networks;
j) to promote media convergence and technological neutrality;
k) to promote cultural and linguistic diversity, as well as media pluralism.

Art. 46 – In order to fulfil the objectives under Art. 45, ANRC has the following attributions:
1. to elaborate and update the general authorisations;
“2. to monitor and control the observance of the obligations imposed on the providers of electronic communications networks and services by the general authorisations;”
3. to promote and support the harmonisation of use of numbering resources at the European level, in accordance with the legal instruments in force within the European Union;
“4. to adopt the National Numbering Plan and any amendments to it, subject to the restrictions imposed for national security reasons;”
5. to manage the numbering resources at the national level;
6. to grant the licenses for the use of numbering resources, to establish and collect the tariffs for the issuance of the licenses, in accordance with the legislation in force and with the administrative costs of granting the licenses;
7. to issue regulations on the use of numbering resources;
8. to identify the relevant markets within the electronic communications sector and to elaborate the methodology for carrying out market analyses, by elaborating and updating the regulations referred to in Art. 32;
9. to carry out market analyses in cases where they are mandatory, according to the law;
10. to designate the providers of electronic communications networks and services with significant market power;
11. to impose on the providers of electronic communications networks and services with significant market power the obligations set out in Arts. 9 to 14 of the Access Ordinance;
12. to manage the mechanisms for financing the universal service obligations, as set out in the special legislation;
13. to control the fulfilment of the obligations imposed on the universal service providers on the grounds of the special legislation;
14. the attributions of the regulatory authority under the Law no. 676/2001 on the processing of personal data and the protection of privacy in the telecommunications sector;
“15. the attributions of the regulatory authority under the Government Ordinance no. 31/2002 on the postal services, published in the Official Journal of Romania, Part I, no. 87 of February 1st, 2002;”
16. to elaborate the necessary regulations with a view to ensure the environment protection in the field of electronic communications and postal services;
17. to elaborate and adopt technical norms, to initiate national standards in accordance with the national requirements and with the international standards in the field, to put forward for adoption the international standards as national standards and to adopt technical regulations whereby the application of the standards on the entire national territory, at regional or local level, is made compulsory, in the field of electronic communications and postal services, as well as for the use of numbering resources;
18. to represent the country in international institutions and organisations in the electronic communications and postal services fields, and to promote therein the national policy and strategy in these fields;
19. to collaborate with national and international institutions and organisations operating in the electronic communications and postal services fields, to develop and stimulate the relations with these institutions and organisations; to cooperate with regulatory authorities in the field of electronic communications and postal services from abroad, including by conclusion of collaboration and exchange of information agreements;
20. to enforce the international agreements in the electronic communications and postal services fields;
21. to collaborate with the Relevant Ministry in all the fields where the expertise of ANRC is necessary or useful;
22. to forward to the Relevant Ministry proposals on the legislative framework with a view to stimulate the development of the electronic communications and postal services sectors;
23. to assess, plan, and schedule in its draft budget the financial resources necessary in order to implement the policies in its field of competence;
24. to co-ordinate the execution of the programmes of financial assistance from the European Union in the field of electronic communications and postal services, which concern the institutional capacity of ANRC;
25. to elaborate and publish reports, studies, analyses, and other similar works in the field of electronic communications and postal services, in particular for the evaluation of the need and opportunity to issue new regulations, for the evaluation and control of the implementation of the policies and regulations, as well as of the management of programmes and projects; to organise seminars and round tables, as well as image promotion, public information and awareness raising actions, ANRC being empowered to contract to this end consultancy, expertise, technical assistance, and other similar services, in accordance with the legal provisions in force;
26. to supervise and control the application of the provisions of the normative acts in force, in the international agreements in the field of electronic communications and postal services, taking measures for the prevention, cessation, and sanctioning of the failure to observe these provisions, in accordance with the competence acknowledged by them;
27. other attributions granted by special legal provisions.
(2) ANRC may conclude contracts with legal persons, of public or private law, having as object the performance of specific activities, which are necessary for fulfilling the attributions referred to in paragraph (1).

Art. 47 – (1) The providers of electronic communications networks and services authorised pursuant to this Emergency Ordinance shall pay to ANRC an annual monitoring tariff, calculated as a percentage from the turnover of each provider.
(2) The percentage referred to in paragraph (1) shall be the same for all providers of electronic communications networks and services and shall be determined each year, without exceeding 0.5%, as the ratio between:
a) the expenses estimated for the current year, provided for in the budget approved according to Art. 42, amount from which the revenues provisioned from other sources, as provided for in the approved budget, shall be deducted, and
b) the cumulated turnover for the previous year of all providers of electronic communications networks and services authorised pursuant to Art. 4.
(3) The monitoring tariff due by each provider of electronic communications networks and services shall be set out by Decision of the president of ANRC, as a result of the multiplication of:
a) the percentage determined according to the provisions of paragraph (2), by
b) the turnover of the provider concerned for the previous year.
(4) The Decision setting out the monitoring tariff due for a given year shall be communicated in writing to each provider, until May 15th of that year, by the service for registered items with confirmation receipt.
(5) The monitoring tariff shall be paid in two equal instalments, the first within at most 45 days from the date when the Decision referred to in paragraph (4) is communicated, and the second until December 31st of that year.
(6) For the purposes of this Chapter, the turnover represents the sum of all the revenues from the sales of products or the provision of services by the undertaking concerned during a financial year.
(7) In order to determine the turnover, the providers of electronic communications networks and services are bound to transmit to ANRC a copy of their annual statutory financial accounts, at the same time with their deposit with the Public Finances Directorate General of the relevant county or of Bucharest, respectively, within the term set out by the law.
(8) The persons authorised pursuant to Art. 4 who provide exclusively for their own needs electronic communications networks and services using radio-electric frequencies shall be exempted from paying the annual monitoring tariff.

Art. 48 – (1) Upon the cessation of the activity in the field of electronic communications, irrespective of the form of this cessation, any provider of electronic communications networks or services authorised pursuant to Art. 4, except for those referred to in Art. 47 paragraph (8), shall pay a monitoring tariff to be set out as follows:
a) in cases where the cessation of the activity occurs before the setting out of the annual monitoring tariff pursuant to Art. 47, the provider shall pay a monitoring tariff calculated as the multiplication of the percentage set out by ANRC according to Art. 47 paragraph (2) for the previous year by the cumulated turnover of that provider for the previous year and for the current year;
b) in cases where the cessation of the activity occurs after the setting out of the annual monitoring tariff pursuant to Art. 47, in addition to this tariff the provider shall pay a supplementary tariff, calculated as the multiplication of the percentage established by ANRC according to Art. 47 paragraph (2) for the current year by the turnover of the provider for the current year.
(2) The monitoring tariff set out in paragraph (1) shall be paid on the date when the turnover is determined, under the conditions set out by the legal provisions in force.


CHAPTER IX
Consultation, Transparency and Information

Art. 49 – (1) ANRC has the obligation to create, maintain, develop, and update its own website, intended for public information with respect to:
a) the ANRC organisation, functioning, objectives and attributions, as well as the attributions of each internal structure of ANRC;
b) the data necessary to ensure an efficient communication with the internal structures of ANRC;
c) the national and international legislation applicable in the field of electronic communications and postal services;
d) the Decisions issued by the president of ANRC concerning the providers of electronic communications networks and services, as well as the providers of postal services;
e) the legal ways of appeal available against the Decisions of the president of ANRC;
f) the documents whose publication is mandatory during the consultations launched in accordance with Art. 50;
g) the income and expenditure budget of ANRC;
h) the authorities with similar attributions of other countries;
i) any other information useful for public information, related to the ANRC activity.
(2) ANRC shall deploy all necessary efforts in order to ensure that information published on its website is also available in at least one international language.

Art. 50 – (1) ANRC shall observe the consultation procedure set out by this Article at any time it intends to adopt measures that may have a significant impact in the relevant market while enforcing the provisions of this Emergency Ordinance or of the special legislation in the field of electronic communications or postal services.
(2) ANRC has the obligation to publish the text subject to consultation on its website, specifying: the date when the document has been published, the deadline for the submission of comments, and the estimated date when ANRC intends to adopt the measure subject to consultation. All the persons concerned who required for their e-mail address to be entered on the special ANRC correspondence list shall be informed on the launch of the consultation at the latest on the date when the document is published.
(3) As soon as the text subject to consultation is published on its website, ANRC shall allow for a period of at least 30 days during which all of the interested persons may submit their written comments. In cases where the measures must be adopted as a matter of emergency, this period may be less than 30 days, but it cannot be less than 10 days.
(4) The measure subject to consultation may not be adopted before the expiry of a 10 day-period from the deadline for the submission of comments. ANRC has the obligation to publish a synthetic material on the received comments, which shall also specify its position with respect to these comments, at the latest on the date when the Decision whereby the measure is adopted is published on its website.

CHAPTER X
Surveillance and Control

Art. 51 – (1) ANRC or IGCTI, as the case may be, shall have the right to request, specifying the reasons therefor, any provider of electronic communications networks or services or of postal services to provide all the information necessary in order to verify the compliance with the obligations set out in the general authorisations, in the other Decisions of the president of ANRC, in the licenses, or in the special legislation in the field of electronic communications or postal services.
(2) The quantity and nature of such information shall be proportional with the purpose for which it has been requested.
(3) The provider is bound to make available the requested information within the term and in compliance with the conditions indicated by the authorities specified in paragraph (1).

Art. 52 – ANRC cooperates with regulatory authorities in the field of electronic communications and postal services from abroad, including on the basis of collaboration and exchange of information agreements, for the purpose of performing its attributions under this Emergency Ordinance and under the special legislation in the field of electronic communications and postal services, as well as for the purpose of facilitating the performance by these authorities of the attributions under the applicable national legislation.

Art. 53 – (1) ANRC, acting through the specialised control personnel empowered for this purpose, shall be competent to control the compliance with the provisions of this Emergency Ordinance and of the special legislation in the field of electronic communications and postal services, as well as with the obligations set out in the general authorisation and in the licenses, except for the control of the compliance with the obligations concerning the use of radio-electric frequencies.
(2) IGCTI, acting through the specialised control personnel empowered for this purpose and in accordance with the procedure set out by the legal provisions governing the activity of this institution, unless otherwise provided by this Emergency Ordinance, shall be competent to control the compliance with the obligations concerning the use of radio-electric frequencies.

Art. 54 – (1) In exercising its control tasks, the personnel of ANRC or of IGCTI empowered for this purpose has the right to request any necessary information from the providers of electronic communications networks or services, as well as from the providers of postal services, specifying the legal grounds and the purpose of the request, and may also set out deadlines for the provision of this information, subject to the sanction provided for in Art. 56 paragraph (1) letter a) of this Emergency Ordinance or in Art. 60 paragraph (1) letter a) of the Postal Services Ordinance.
(2) The specially empowered control personnel of ANRC and of IGCTI shall have the right to request statements or any documents necessary to carry out the control activity, as well as to make copies of any registers, financial-accounting and commercial documents, or any other documents; it may also carry out inspections, including unexpected inspections, over any plants, premises, lands, or infrastructures used by the provider in the performance of its activities, the result of which shall be recorded in a procès-verbal , and may also receive information and justifications upon summoning or on site.
(3) The specially empowered control personnel of ANRC and of IGCTI shall also have the right to carry out searches, on the basis of the judicial authorisation granted by Presidential Ordinance by the president of the Tribunal of the county concerned, or of the Bucharest Tribunal under the competence of which the places to be searched are located, as the case may be, or by a judge delegated by this president. The request for Presidential Ordinance shall contain all the information that may justify the search and shall be judged without summoning the parties, within 3 days at most.
(4) The search and the operations therein shall be carried out under the authority and control of the judge having authorised them, who shall designate one or more judicial police officers to assist these operations and inform him thereon. In cases where some operations must be carried out in an area outside the competence of the court, the president who issued the Presidential Ordinance shall order the establishment of a delegated committee in order for the president of the Tribunal under whose competence these operations are to be carried out to exercise the control thereon. The judge may inspect the searched places and may at any time decide to suspend or cease the search.
(5) Irrespective of the circumstances, the search may not start earlier than 6:00 a.m. or later than 8.00 p.m. and shall be carried out in the presence of the occupant of the place, or, in his/her absence, in the presence of a representative of that person or of a family member or neighbour, having full capacity of exercise; only the specially empowered control personnel of ANRC and of IGCTI, the occupant of the place or his/her representative, and the judicial police officers may take knowledge of the pieces and documents before their seizure.
(6) Inventories shall be drawn and seals shall be placed in accordance with the provisions under the Criminal Procedure Code; the originals of the procès-verbal and of the inventory shall be transmitted to the judge who has ordered the search, and the pieces and documents that are no longer useful for the establishment of the truth shall be returned to the occupant of the place.
(7) The Presidential Ordinance may be appealed in front of the Bucharest Court of Appeal. The appeal shall not suspend the execution.
(8) The president of ANRC or the general director of IGCTI, as the case may be, shall be immediately informed on the beginning of the search and on the operations carried out.


CHAPTER XI
Sanctions

Art. 55 – (1) The following deeds shall constitute contraventions:
a) provision of electronic communications networks or services by a person who has not been authorised pursuant to Art. 4 for that type of activity, or during the period when the right to provide electronic communications networks or services has been suspended or withdrawn;
b) failure to comply with the conditions set out in the general authorisation, pursuant to Art. 5;
c) use of radio-electric frequencies without obtaining the necessary license, pursuant to the provisions of Chapter III;
d) use of numbering resources without obtaining the necessary license, pursuant to the provisions of Chapter III;
e) failure to comply with the conditions set out in the licenses for the use of radio-electric frequencies, granted pursuant to Chapter III;
f) failure to comply with the conditions set out in the licenses for the use of numbering resources, granted pursuant to Chapter III;
g) failure to comply with the obligation imposed by ANRC pursuant to Art. 25 paragraph (1) or with the conditions set out by ANRC pursuant to Art. 25 paragraph (2);
h) failure to comply with the obligations set out in Art. 35;
i) failure to comply with the regulations or technical norms, adopted on the basis of this Emergency Ordinance.
“(2) The contraventions set out in paragraph (1) shall be sanctioned by fine from ROL 50,000,000 to 1,000,000,000 and, in the case of the companies with a turnover above ROL 50,000,000,000, by way of derogation from the provisions of the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, by fine up to 2% of the turnover.”
(3) The amount of fines provided for in paragraph (2) may be updated by Government Decision, depending on the evolution of the inflation index.

Art. 56 – (1) ANRC or IGCTI, as the case may be, may oblige the providers of electronic communications networks or services to pay administrative fines up to ROL 300,000,000 per day of delay, establishing at the same time the date from which they are calculated, in order to determine them to:
a) fully and accurately provide the information they were requested pursuant to Art. 51 or Art. 54 paragraph (1), or any other information requested by ANRC or IGCTI in the application of the provisions of this Emergency Ordinance;
b) submit to the control referred to in Arts. 53 and 54;
c) comply with the measures taken by ANRC in the application of the provisions of this Emergency Ordinance.
(2) The maximum amount of the administrative fine provided for in paragraph (1) may be updated by Government Decision, depending on the evolution of the inflation index.
(3) By way of derogation from the provisions of Art. 2 of the Emergency Ordinance no. 30/2002 on the amendment of some annexes to the Law on the 2002 State Budget no. 743/2001, as well as of other normative acts, the amounts resulted from the collection of the fines provided for in paragraph (1) shall be fully retained as own extra-budgetary revenues, on a permanent basis, at the disposal of ANRC or of IGCTI, as the case may be, and shall be used in accordance with the legally approved income and expenditure budget.

Art. 57 – (1) The failure to pay within the due time the monitoring tariff set out by ANRC in accordance with Arts. 47 and 48, or the spectrum usage tariff or the numbering resources usage tariff, set out in accordance with Art. 19, penalties shall be applied per each day of delay, calculated in accordance with the legal provisions applicable to the penalties due for the late payment of budgetary duties.
(2) If the provider fails to pay the tariff and the due penalties within 90 days from the date when the payment becomes outstanding, ANRC or IGCTI, as the case may be, may suspend or withdraw its right to provide electronic communications networks or services based on the general authorisation, or the license for the use of radio-electric frequencies or numbering resources.

Art. 58 – (1) The control personnel specified in Art. 53 paragraph (1) shall be competent to ascertain the contraventions set out in Art. 55 paragraph (1) letters a), b), d), f), g), and h).
(2) The control personnel specified in Art. 53 paragraph (2) shall be competent to ascertain the contraventions set out in Art. 55 paragraph (1) letters c) and e).
(3) The control personnel specified in Art. 53 paragraph (1) or (2), as the case may be, shall be competent to ascertain the contravention set out in Art. 55 paragraph (1) letter i).
(4) The sanctions for the contraventions set out in Art. 55 paragraph (1) letters a), b), d), f), g), and h) shall be applied, through written resolution, by the president of ANRC.
(5) The sanctions for the contraventions set out in Art. 55 paragraph (1) letters c) and e) shall be applied, through written resolution, by the general director of IGCTI.
(6) The sanction for the contravention set out in Art. 55 paragraph (1) letter i) shall be applied, through written resolution, by the president of ANRC or by the general director of IGCTI, as the case may be.
(7) The administrative fines provided for in Art. 56 shall be applied by the president of ANRC or by the general director of IGCTI, as the case may be.
(8) The sanctions provided for in Art. 57 shall be applied by the president of ANRC or by the head of IGCTI.
(9) The act whereby the sanctions provided for in Arts. 56 and 57 are applied shall be executory title, without any other formality.
(10) To the extent that this Emergency Ordinance does not provide otherwise, the contraventions set out in Art. 55 shall be subject to the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved, with amendments and completions, by Law no. 180/2002, except for the provisions of Art. 28.

Art. 59 – (1) In cases where a provider of electronic communications networks or services is found to be in breach of an obligation set out in the authorisations or in the licenses, in this Emergency Ordinance, or in the relevant legislation in the field of electronic communications or postal services, ANRC or IGCTI, as the case may be, shall transmit a notification to the provider concerned, whereby the latter shall be informed on the intention to apply the sanction provided for by the law and shall be allowed a period of at least 30 days to justify or remedy the committed breach.
(2) The 30-day period may be reduced in the following situations:
a) upon provider’s consent;
b) in cases where the provider has previously violated one or several of the obligations referred to in paragraph (1);
c) when the breach of the obligations referred to in paragraph (1) would seriously harm the public interest.
(3) In cases where the provider does not remedy the breach within the period as referred to in paragraphs (1) or (2) and the justification provided is not satisfactory, ANRC or IGCTI, as the case may be, shall apply the corresponding sanction and shall order all the necessary measures to ensure the compliance with the obligation that has been violated. These measures shall be proportionate with their purpose and shall set out a reasonable period for the provider to comply with them.
(4) In case of serious and repeated breaches, if the respective provider failed to comply with the measures taken in accordance with the provisions of paragraph (3):
a) ANRC may suspend or withdraw the respective provider’s right to provide electronic communications networks or services on the basis of the general authorisation or the license for the use of numbering resources, as case may be;
b) IGCTI may suspend or withdraw the respective provider’s license for the use of radio-electric frequencies.
(5) Upon proposal of the competent authorities, stating the reasons therefor and showing that the breach by a provider of the obligations referred to in paragraph (1) represents a serious and immediate threat to national security, public order, public health, or citizens’ rights and freedoms, or may create serious economic or operational problems to other providers of electronic communications networks and services or to the users, ANRC or IGCTI, as the case may be, may take urgent interim measures to prevent such danger, measures which may be confirmed afterwards. The provider concerned shall be given the opportunity to state its view, under reasonable conditions, and to propose solutions to remedy the situation created.

Art. 60 – Any persons using or disclosing for any purposes other than those provided for in this Emergency Ordinance documents or information which constitute professional secret, received or informed on while carrying out his/her job or job-related tasks, shall be liable according to the criminal law, and potentially forced to remedy the prejudice thus caused.


CHAPTER XII
Transitory and Final Provisions

Art. 61 – (1) Until the date of December 31st 2002, the National Telecommunications Company «Romtelecom» – S.A. shall benefit from:
a) the exclusive right to provide, against remuneration, publicly available fixed voice telephony services, telegraphy and telex services, at local, interurban and international levels;
b) the exclusive right to provide leased cable lines, with a view to ensure the transmission capacity between the terminal points of the fixed network operated by the National Telecommunications Company «Romtelecom» – S.A. on grounds of the license granted under the Telecommunications Law no. 74/1996, with the subsequent amendments.
(2) Until the same date, the National Radio-communications Company – S.A. shall benefit from the exclusive right to provide leased radio lines with a capacity exceeding 2MBits/s.

Art. 62 – (1) The licenses and authorisations issued on grounds of the Telecommunications Law no. 74/1996, with the subsequent amendments, shall remain valid until the date of December 31st 2002, except for the cases where they provide a shorter term of validity.
(2) Until the expiry of the validity term referred to in paragraph (1), the holders of licenses and authorisations shall transmit to ANRC the notification referred to in Art. 4, with a view to continuing the activity on the basis of the general authorisation. On the date of the notification, the license or authorisation ceases its validity, except for the provisions referring to the rights of use for radio-electric frequencies and numbering resources.
(4) Until the expiry of the validity term referred to in paragraph (1), ANRC shall issue the licenses for the use of numbering resources, in accordance with Chapter III herein, to the providers of networks and services who have benefited from the rights of use for these resources on the grounds of the Telecommunications Law no. 74/1996, with the subsequent amendments.
Art. 621 – (1) Until December 31st, 2005, IGCTI shall review all the provisions regarding the rights of use of the frequencies and the obligations provided in the licenses whereby rights of use for radio-electric frequencies were granted, in the authorisations and agreements regarding the use of these frequencies issued on the grounds of the Telecommunications Law no. 74/1996, with the subsequent amendments and of the associated secondary legislation, in order to ensure compliance of the provisions of Chapter III of this Emergency Ordinance, of the National Frequency Band Allocation Table and of the regulations in force, elaborated on grounds of this Emergency Ordinance.
(2) The right of use of the radio-electric frequencies and the associated obligations, including the payment of the spectrum usage tariff, shall be exerted – respectively shall be undertaken on grounds of the provisions of paragraph (1) and shall remain valid until revision, except for the situations where their holders give up, by written request, the respective rights or they do not submit a request for the revision of the rights of use of the respective frequencies within the terms stipulated in the procedure for the issuance of licenses for the use of radio-electric frequencies, provided under Art. 21.
(3) Upon the revision of the licenses, authorisations and agreements issued on grounds of Law no. 74/1996, the holder shall be granted a new right of using radio-electric frequencies, together with the associated obligations, according to the provisions of this Emergency Ordinance.

Art. 63 – In order to finance its activity during the first 12 months of functioning, ANRC shall benefit from a credit from IGCTI, amounting to EUR 4,000,000, for a 5-year term, with a grace period of 1 year from the date of the conclusion of contract, with no interest, payable in ROL at the exchange rate of the National Bank of Romania from the date of the payment. The other conditions shall be established by contract, which shall be concluded within 15 days from the publication of this Emergency Ordinance in the Official Romanian Journal of Romania, Part I.

Art. 64 – The county councils and the local councils of Bucharest sectors may provide, against remuneration, the necessary spaces for the activity of the territorial offices of ANRC.

Art. 65 – On the date when this Emergency Ordinance enters into force, the Telecommunications Law no. 74/1996, published in the Official Journal of Romania, Part I, no. 156 of July 22nd, 1996, with the subsequent amendments, as well as any other contrary legal provisions, shall be repealed.

Art. 66 – On the date when this Emergency Ordinance enters into force:
a) Art. 22 of the Government Ordinance no. 34/2002 on access to, and interconnection of, electronic communications networks and associated infrastructure, published in the Official Journal of Romania, Part I, no. 88 of February 2nd, 2002, shall be amended to read as follows:
«Art. 22 - Within the meaning of this Ordinance, the regulatory authority shall be the National Regulatory Authority for Communications»;
b) Art. 2 point 10 of the Law no. 676/2001 on the processing of personal data and the protection of privacy in the telecommunications sector, published in the Official Journal of Romania, Part I, no. 800 of December 14th, 2001, shall be amended to read as follows:
«10. the regulatory authority – the National Regulatory Authority for Communications»;
“c) Art. 49 paragraph (2) of the Government Ordinance no. 31/2002 on postal services, published in the Official Journal of Romania, Part I, no. 87 of February 1st, 2002, shall be amended to read as follows:
«(2) For the purposes of this Ordinance, the attributions of the regulatory authority shall be fulfilled by the National Regulatory Authority for Communications»;”
d) the Government Decision no. 20/2001 on the organisation and functioning of the Ministry of Communications and Information Technology, published in the Official Journal of Romania, Part I, no. 16 of January 10th, 2001, with the subsequent amendments, shall be modified accordingly.
“e) Within the entire text of the Law no. 504/2002 on audiovisual, the name «the National Regulatory Authority for Communications» shall be replaced with the name «the Ministry of Communications and Information Technology».”

Art. 67 – (1) This Emergency Ordinance shall enter into force within 90 days from the date of its publication in the Official Journal of Romania, Part I, except for the provisions of Arts. 37 to 40, Arts. 42, 43, 63 and 64, which shall enter into force on the date when this Emergency Ordinance is published in the Official Journal of Romania, Part I.
(2) Within the term provided for in paragraph (1), the Government shall adopt a Decision for the approval of the ANRC Rules of organisation and functioning.
(3) Until the expiry of the term provided for in paragraph (1), ANRC shall hire the necessary personnel with a view to effectively and completely fulfil the attributions referred to in this Emergency Ordinance.
(4) Until the expiry of the term provided for in paragraph (1), the attributions granted to ANRC by this Emergency Ordinance shall continue to be performed by the competent authorities, according to the legal provisions in force.

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