In accordance with its attributions, the National Regulatory Authority for Communications (ANRC) settled, on May 3, 2006, the dispute filed by Opticnet-Serv (Opticnet) against Romtelecom. Opticnet had requested ANRC to compel Romtelecom to provide unbundled access to the local loop in Boldesti-Scaieni, county of Prahova, under the provisions of the ANRC President’s Decision no.1098/2004 on the principles and prerequisites of the Reference Unbundling Offer, claiming that Romtelecom charges co-location tariffs above the maximum level regulated by the Authority.

 

Opticnet proved ANRC that it had requested Romtelecom to provide unbundled access to the local loop through the main distribution frame in Boldesti-Scaieni for the purpose of offering telephone and Internet services to the Romtelecom subscribers in this locality. According to the provisions of the ANRC decision, in view of unbundling the local loop, Romtelecom has the obligation to make available for all the requesters the space and the technical resources needed for the installation and connecting of the electronic communications equipments. Opticnet claimed that Romtelecom, despite the established terms and conditions, required this company to pay collocation tariffs exceeding the limit regulated by ANRC. Therefore, Opticnet could not achieve the link between the communications equipment installed in the Romtelecom building and the radio antenna, installed on the pillar in the Romtelecom space. In defence of its position, Romtelecom replied that the space on the pillar were the Opticnet antenna was to be installed is not collocatable, that is why the company charges commercial tariffs instead of the regulated co-locatable tariffs.

 

The commission set up by the ANRC President for the purpose of settling this dispute has analysed the documents and information submitted by the two companies, by means of multiple sessions of debate between the two parties. These debates were completed by on-site investigations (measurements of the Romtelecom spaces and equipments) conducted at the Romtelecom working station in Boldesti-Scaieni, in the presence of representatives of the two companies.

 

The investigation revealed that Romtelecom has all the resources required for providing Opticnet the physical space and the technical endowment for the installation and connecting this company’s own equipment in the required space and, therefore, ANRC obliged Romtelecom to provide, under the regulations in force, the service of collocating both the indoor equipments and the outdoor radio equipments for the provision of unbundled access to the local loop in Boldesti-Scaieni.

 

Decision no.185/2006 on settling the dispute between S.C. Opticnet-Serv S.R.L. and S.C. Romtelecom S.A. is available here on the ANRC website, in the section containing the Decisions for the settlement of the disputes brought in front of ANRC.