The provision of electronic communications networks and services in Romania is performed pursuant to the general authorisation regime adopted by the regulatory authority. This legal regime represents the set of rules and principles applicable to the persons that intend to provide electronic communications networks and services in Romania, upon notifying such intention to the regulatory authority. At present, the procedure on the authorisation of the persons intending to provide electronic communications networks and services, as well as the conditions under which these networks and services can be provided, are set by the ANCOM Decision no. 70/2023 on the general authorisation regime for the provision of electronic communications networks and services.

  

This normative act specifically identifies the persons that have the notification obligation, the persons that do not have such an obligation, but are applied the specific rights and obligations provided by the general authorisation, as well as the persons that are outside the scope of the general authorisation regime, as follows:

 

The persons that wish to provide on the Romanian territory public electronic communications networks or publicly available electronic communications services, except for the number-independent interpersonal communications services, must submit to ANCOM a notification thereon, at latest on the day of starting the activity.

 

The persons that do not have the obligation to notify ANCOM:

1. the persons that intend to provide electronic communications networks and services exclusively for their own needs;
2. the persons that intend to provide number-independent interpersonal communication services;
3. the local public administration authorities that provide on their own behalf, free of charge, electronic communications networks or services in the public spaces located on the administrative territory of the respective administrative-territorial units;
4. the persons who provide, free of charge, in the premises where they operate, including their annexes, electronic communications networks or services exclusively to persons who are beneficiaries of educational and professional training services or of medical services offered by the former;
5. the persons requesting access or interconnection to the providers of electronic communications networks and services in Romania, if they do not provide or operate networks on the national territory;
6. the persons who intend to provide electronic communications networks by means of radio frequencies allocated for the purpose of experimental or occasional transmissions;
7. foreign persons who intend to provide mobile electronic communications services onboard vessels and aircraft registered in their respective states.

*The persons referred to in letters (c), (d) and (f) are correspondingly applied the specific rights and obligations under the general authorisation, as well as the provisions regarding the withdrawal of the right to provide electronic communications networks or services or the right to use radio frequencies.

 

The persons that fall outside the scope of the general authorisation regime:

• the persons who carry design activities, perform construction works and maintenance of the electronic communications networks and of the physical infrastructure elements required for upholding the electronic communications networks, as well as works of installation, maintenance or connection of the electronic communications equipment;
• the persons who provide services consisting exclusively of the provision of content sent by means of the electronic communications networks or services, or whereby the editorial control over this content is exercised, or which allow the storage and subsequent accessing of the content sent;
• the persons offering or providing exclusively electronic hosting services with IP resources;
• the persons providing exclusively colocation services, associated facilities or associated services, as defined in the Government Emergency Ordinance no. 111/2011.

 

!!! We recommend all interested persons and in particular the providers of electronic communications networks or services to thoroughly go through the provisions of the Government Emergency Ordinance no. 111/2011 on electronic communications, approved, with amendments and completions by Law no. 140/2012, with subsequent amendments and completions, as well as the provisions of ANCOM Decision no. 70/2023 on the general authorisation regime for the provision of electronic communications networks and services to clearly identify the main rights and obligations they have or will have in their relation with the users or with the other providers of electronic communications networks or services, as well as with ANCOM !!!