13.02.2025

At the last meeting of the Consultative Council, ANCOM adopted the decision by which the indicative tariffs for access to some road physical infrastructures for the installation of electronic communications networks are reduced by an average of 90%. Furthermore, the decision establishing the reasonableness criteria for ensuring fixed residential access to a functional broadband internet service was also adopted.

Indicative tariffs for road physical infrastructure

The adoption of the decision significantly cuts down the current tariffs, by over 90%. For example, according to the calculation model published on ANCOM's website, here, the current tariff for underground cable laid along motorways, under the roadway, of 0.47 euro/m/month (excluding VAT), i.e. 5,647.06 euro/km/year (excluding VAT), will go down to 0.02 euro/m/month (excluding VAT), respectively 282.91 euro/km/year (excluding VAT). The indicative tariffs for underground cable laid along expressways and national roads, under the roadway, will be 0.02 euro/m/month (excluding VAT), respectively 191.51 euro/km/year (excluding) VAT, according to the calculation model.

Underground cable laid along the road

Under the roadway        In the road reserve area - off the roadway         In safety zones and in areas adjacent to safety zones

Current tariffs/indicative tariffs…

Motorways

Expressways/national roads

The adopted tariffs are indicative and will serve as a benchmark for negotiations between the parties, ensuring increased transparency and preventing excessive charges for access to road infrastructure. Network operators must take these tariffs into account to the highest degree in the negotiation of contracts, and any deviation requires objective justification.

These measures are intended to support the development of high-speed communications networks and to reduce the costs of installing the necessary infrastructure therefor.

The indicative tariffs adopted by ANCOM for access to the road physical infrastructure owned or managed by a network operator are differentiated by road category and access area (safety zone/road reserve area - off the roadway/under the roadway).

These tariffs were calculated taking into account the costs of infrastructure investments made by the network operator, the operational costs related to the physical infrastructure to which access is granted for electronic communications network providers, as well as the impact assessment of the requested access on the business plan of the network operators and improvements to the physical infrastructure by the provider of electronic communications networks, to the extent that they also benefit the network operator, for each of the identified categories of network operators.

ANCOM has aimed to develop a balanced model regarding the indicative access tariffs, in an effort to help avoid potential disputes, as well as to speed up the resolution of any disputes.

Reasonableness criteria for broadband internet access

According to the provisions of Law no. 175/2022, the decision defines the reasonableness conditions under which residential users can benefit from the right of access to a functional broadband internet service in a certain area:

• Availability of services – No provider of electronic communications networks and services offers broadband internet access service at the minimum quality level.
• Applicant's domicile – The applicant's domicile or residence address must be in the area where the service is requested.
• Funding projects – There is no project financed by public funds, national or European, to provide broadband internet in the area where the service is requested to be provided. The situation must be valid within one year from the date on which ANCOM publishes on the website the list of areas without access to this service, and the respective area must be included in the list published by ANCOM.
• Commitment to use – The application is accompanied by a commitment by the applicant to use the installed service for a minimum period of 12 months, but which shall not exceed 24 months from the date of connection.
• Service provision – It is not required that the service be offered by a provider that has not been designated as the universal service provider for that area.
• Installation costs – Installation costs do not exceed the RON equivalent of 2,000 euro/application (excluding VAT). If these costs are higher, the applicant can cover the difference.

The minimum level of quality that can ensure a functional fixed broadband Internet access service is achieved through a connection that allows a download speed of 100 megabits/second (Mbps).

Central and local authorities have an important role in expanding electronic communications networks and supporting connectivity in white areas (as identified by ANCOM). The measures taken by the authorities range from prioritizing the procedures for building public electronic communications networks, attracting funds or ensuring rights-of-way for free - for example - to non-discriminatory access to the public or private property they own or manage.

If the measures taken by the central and local authorities, as well as the other market mechanisms, do not contribute to achieving an adequate level of connectivity in the white areas, ANCOM ensures the application of the right of every citizen to access a functional broadband internet service through the universal service mechanism, defining the conditions of access to this service,  as well as the procedure for designating the universal service provider, thus ensuring full legal support therefor. Thus, the universal service provider will have the obligation to answer requests that meet the criteria of reasonableness established by this decision. The imposition of universal service obligations should not be an end in itself, as the use of the universal service mechanism is subsidiary to the use of other mechanisms.

The decisions will be published in the Romanian Official Journal, Part I and will enter into force on the date of publication.