The authorisation procedure in view of notifying the intention to provide public electronic communications networks or publicly available electronic communications services is free of charge.

 

The persons who have the obligation to submit a notification to ANCOM 

Any person intending to provide, on the territory of Romania, public electronic communications networks or publicly available electronic communications services, except for number-independent interpersonal communications services, has the obligation to submit to ANCOM a notification regarding this intention, on the day of starting the activity at the latest.  

 

How to submit the notification

The notification will necessarily be made by filling the standard notification form (Annex no. 1) and submitting it to ANCOM, attaching the required documents, as applicable, which are part of the notification, unless the legislation in force provides otherwise. 

 

Applicants - Romanian persons 

If you are a Romanian person registered in the Trade Registry you should only submit, under the law, the notification form signed by the legal representative.

 

If you are a Romanian legal person of private law without patrimony scope, you must attach to the notification form (Annex no. 1) the following documents*:

•  the fiscal registration certificate, as well as the certificate of registration in the Associations and Foundations Registry or in the Federations Registry, as the case may be;

•  the proof of the capacity as applicant's representative of the person mentioned in the standard notification form (e.g. the establishment act, with all subsequent amendments and completions).

 

*The applicants do not have the obligation to send the documents if the Authority is allowed to access, respectively verify, in the databases administered according to the legal duties by other public authorities or institutions, the information necessary to identify the applicant/provider and its legal representative.

In any of the circumstances presented above, for particular situations, such as the one where the notification is signed by another person than the entity’s legal representative, registered in the corresponding register, it is necessary to submit to ANCOM the documents certifying the data specified in the notification.

 

Applicants – foreign persons

If you are a foreign person with main headquarters in one of the Member States of the European Union or of the European Economic Area, or in a third state, established in Romania, the provisions above applying to applicants – Romanian persons will apply to you, as the case may be.

 

If you intend to provide services through a unit without legal personality (e.g. a branch) you must submit the identification documents corresponding to the parent-company, accompanied by their authorised translation.

 

If you are a foreign person with main headquarters in one of the Member States of the European Union or of the European Economic Area, but you are not established in Romania, you will attach the following documents to the standard notification form (Annex no. 1):

a) Documents issued by the competent public authorities and institutions in order to identify the applicant, the main headquarter (social or professional), as well as the unique identification code in a relevant register, which must meet the formal and substantive requirements for validity;

b) the proof of the capacity as applicant's representative of the person signing the standard notification form;

c) authorised Romanian translation of the documents mentioned under letters a) and b).

 

All the documents in a foreign language submitted to ANCOM by an applicant or a provider must be accompanied by an authorised translation in Romanian. This requirement does not apply to the documents drawn up/issued in the English language or translated in English language by a person authorised therefor.

 

Submission to ANCOM of the standard notification form and of the corresponding documents, as applicable

The notification form must be signed by the provider’s representative, using an extended electronic signature, based upon a qualified certificate that has not been suspended or revoked at the respective time and generated by a secured device for creating the electronic signature.

Any document concerning the general authorisation will be sent electronically only to the following e-mail autorizare@ancom.ro.

 

Change of the data under the notification

Any modification of the data contained in the standard notification form will be notified to ANCOM within 10 days from the date of occurrence, respectively from the date of registration with the competent institutions, as applicable, by transmitting, accordingly, the standard notification form accompanied, where applicable and where the law does not provide otherwise, by supporting documents.

 

The foreign person that has established in Romania, after gaining the capacity as a provider, has the obligation to notify ANCOM thereon within 10 days from the date of registration with the competent institutions, by transmitting, accordingly, the standard notification form.