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Disputes on the physical infrastructure of electronic communications networks

Electronic communications networks providers, networks operators or entities that hold – by any title – a physical infrastructure installed within a building may address ANCOM where a dispute arises regarding electronic communications networks infrastructure.

ANCOM can settle the following categories of disputes on infrastructure issues:

disputes on granting access to physical infrastructure, occurred under Article 19(6) of Law no.159/2016 between providers of public electronic communications networks and network operators;
disputes regarding amendments of contract clauses on the manner and terms – including tariff conditions – in which access to physical infrastructure is performed, as well as disputes on the network operator’s hindering access works, occurred under Article 19(7) of Law no.159/2016 between providers of public electronic communications networks and network operators;
disputes on making available information on the location, track, type and current use of the physical infrastructure, as well as a contact point, occurred under Article 20(6) of Law no.159/2016 between providers of public electronic communications networks and network operators;
disputes on inspecting physical infrastructure elements envisaged for installing electronic communications elements, occurred under Article 22(5) of Law no.159/2016 between providers of public electronic communications networks and network operators;
disputes regarding access to the physical infrastructure installed within a building, occurred under Article 24(2) of Law no.159/2016 between the providers of public electronic communications networks and persons holding such an infrastructure, by any title;
disputes regarding amendments of contract clauses on the manner and terms – including tariff conditions – in which access to physical infrastructure installed within a building is performed, occurred under Article 24(3) of Law no.159/2016 between the providers of public electronic communications networks and persons holding such an infrastructure, by any title;
disputes on making available information on one’s own civil engineering works – ongoing or planned -, occurred under Article 27(8) of Law no.159/2016 between providers of public electronic communications networks and network operators;
disputes on the coordinated performance of civil engineering works, occurred under Article 28(2) of Law no.159/2016 between providers of public electronic communications networks and network operators.

The obligations related to which one can submit disputes to ANCOM are regulated by:

Law no.159/2016 on the regime of physical infrastructure of electronic communications networks
The secondary legislation to be issued by the Authority in this field

Normative acts regulating the procedure for settling disputes on the physical infrastructure of electronic communications networks

The procedure for settling disputes between the electronic communications network providers and network operators, as well and disputes between the providers of public electronic communications networks and persons holding - by any title - a physical infrastructure installed within a building is regulated by Law no.159/2016 on the regime of physical infrastructure of electronic communications networks, as well as for the establishment of measures reducing the installation costs for electronic communications networks and by Decision of the President of the National Authority for Management and Regulation in Communications no. 1171/2016 establishing the procedure for settling disputes regarding the regime of physical infrastructure of electronic communications networks.

How to complain to ANCOM

With a view to addressing ANCOM for the purpose of settling a dispute, the interested persons may approach the Authority in the conditions provided by ANCOM President’s Decision no. 1171/2016 establishing the procedure for settling disputes regarding the regime of physical infrastructure of electronic communications networks. To this end, the plaintiff must submit a written complaint, directly to the ANCOM headquarters, by the postal service for registered items or by fax.

The complaint must contain information regarding:

the parties in the dispute and their identification data (surname and given name, as well as residence address - for natural persons, or, for legal persons, - name, headquarters address, unique registration code and company Trade Registry registration number), and, where the plaintiff is represented by proxy, the representative’s name and the corresponding power of attorney;
the object of the dispute – plaintiff’s request and the provisions of Law no. 159/2016 related to which the dispute occurred;
the de facto motivation – detailed description of the factual situation generating the dispute;
the de jure motivation – legal provisions grounding the complaint;
how the dispute affects the plaintiff;
proofs supporting the complaint (relevant documents regarding the steps taken by the parties: copies of the requests, forms, copies of the pieces of correspondence, minutes of the meetings between the parties, draft contracts/addendums etc.);
a specification whether a complaint with the same object, the same case and the same parties has been submitted to a court of law;
an e-mail address, for communication purposes.

The complaint will be sent as one original document to ANCOM along with as many duplicates as respondent parties.

The dispute will be settled by the ANCOM President’s issuing a decision that has an administrative-jurisdictional character and is mandatory for the parties.