- Homepage >>
- Press Releases >>
- March 2014 >> ANCOM Proposes Changes to the Procedure for Awarding Radio Frequencies
ANCOM propune modificarea procedurii de emitere a licenţelor de utilizare a frecvenţelor radio
18.03.2014
The Romanian National Authority for Management and Regulation in Communications (ANCOM) launched for public consultation a draft decision aimed at revising the procedure on the application for, and issuance of, the licences for the use of radio frequencies, in order to bring the document in line with the Government Emergency Ordinance no.111/2011 on electronic communications. The draft decision regulates the principles governing the award of the frequency usage rights, as well as the procedure applicable to the transfer or amendment of the licences.
The draft normative act transparently details the principles governing the award of the frequency usage rights and identifies two means therefor: the selection procedure, applicable in the case of the bands for which the demand exceeds the existing offer, or the application of the “first come, first served” principle.
The validity term of the licences for the use of frequencies awarded on a “first come, first served” basis is maintained at 5 years, but the draft decision specifies the cases where the term may differ. Such cases refer to the rights granted for carrying out experiments or for occasional transmissions, the rights awarded by selection procedure, or where the holder expressly requests a validity period of less than 5 years. The validity term may also be influenced by the spectrum management – which sometimes requires validity periods of less than 5 years – as well as by certain documents which provide for other validity periods.
The new draft decision also amends the procedure on the transfer of the frequency usage rights, in view of ensuring a greater flexibility to the operators when it comes to the use of the spectrum resources available to them. The conditions under which the operators may partly or fully transfer their frequency usage rights, which have been granted for the provision of a public electronic communications network, are lengthily described. The draft also proposes the regulating of those circumstances where the usage right ends due to separation, fusion, bankruptcy, transfer, end of the holder’s existence etc. as well as a result of the breach of legal provisions.
The provisions under the draft decision will apply to the radio frequencies with non-governmental use, intended for the provision of electronic communications networks and/or services, and to the radio frequencies with shared governmental/non-governmental use, intended for the provision of non-governmental electronic communications networks and/or electronic communications services.
On the date of its entry into force, the decision will repeal the Decision of the president of the Inspectorate General for Communications and Information Technology no. 658/2005, currently regulating es the procedure on the application for, and issuance of, the licences for the use of radio frequencies. Until the entry into force of the draft decision subjected to public consultation today, ANCOM will continue to examine the applications for the award of the licences for the use of radio frequencies pursuant to the procedure under the Decision no. 658/2005.
The draft decision regarding the procedure on the application for, and issuance of, the licences for the use of radio frequencies is available for consultationhere. The interested persons are invited to send their comments and suggestions, by 17.04.2014, to the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, or directly to the ANCOM Registry Office or to the Authority’s regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.
Additional information
Radio frequencies are a public resource which is important for various sectors of the national economy, since they enable the provision of electronic communications services such as mobile communications, wireless broadband and satellite communications, TV and radio broadcasting, special communications needed for ensuring smooth maritime and aeronautical transport, radiolocation etc. As well, this limited resource can be used for applications developed on NFC-enabled devices such as alarms, microphones, medical equipment etc. At the same time, radio frequencies are used by public services – civil protection, defence, security, scientific activities (meteorology, radioastronomy etc).
ANCOM is the authority that regulates the radio spectrum in Romania. The main spectrum management activities performed by ANCOM, directly or in collaboration with other institutions, are: the elaboration and adoption of specific legislation in the field of electronic communications using the radio spectrum, the planning and management of the radio spectrum with exclusive or shared non-governmental use, as well as the monitoring and control of the use of this limited resource.
top