S.C. Aietes Telecom Galati-Subsidiary of Tulcea S.R.L. - S.C. Romtelecom S.A.

Plaintiff
S.C. Aietes Telecom Galati – Subsidiary of Tulcea S.R.L.

Respondent
S.C. Romtelecom S.A.

Date when the complaint was filed
July 1, 2004

Description

On July 1st, 2004, the plaintiff S.C. Aietes Telecom Galati – Subsidiary of Tulcea S.R.L. (herein after referred to as Aietes), based in Tulcea, 37 Progresului Street, Tulcea County, filed with the National Regulatory Authority for Communications (herein after referred to as ANRC), on grounds of the provisions of Art.36 para.(1) of the Government Emergency Ordinance no.79/2002 on the general regulatory frame for communications, approved, with amendments and completions, by Law no.591/2002, and of Art.1 para.(2) of the ANRC President’s Decision no.1331/2003 on the establishment of the procedure of settling the disputes within the ANRC competence, a complaint against the respondent S.C. Romtelecom S.A. (hereinafter referred to as Romtelecom), based in Bucharest, 1B Garlei Street, 1^st District. The plaintiff required that ANRC oblige the respondent to negotiate and conclude an interconnection agreement, establish the technical and commercial conditions of this agreement (regarding tariffs and signalling system) and that the invoices issued by the respondent - which charged the plaintiff according to the tariffs in the end user offer – be cancelled. As well, the plaintiff required ANRC to provide for ensuring the two parties end-users’ possibility to communicate in the two networks and for allowing the Romtelecom users to have access to the intelligent platform services and to the services provided by means of the individual carrier selection code allotted to Aietes, through the network operated by S.C. Net-Connect Internet S.R.L. (hereinafter referred to as Net-Connect). The complaint was registered with ANRC under no.15010/01.07.2004. The plaintiff adopted the contentious procedure for the settlement of this dispute.

Furthermore, as a temporary measure, Aietes required that the plaintiff be obliged to re-open the two circuits - E1/R2 – providing the link between the two parties’ networks, or - at least – to re-open one of these circuits until the dispute is settled by the ANRC President’s Decision, while (over this period) the plaintiff is to pay the respondent the maximum tariffs to be charged, as provided by the legislation in force.

The plaintiff’s request that ANRC take provisional measures was solved by the ANRC President’s decision no.1120/2004.

On May 5, 2004, Aietes filed a suit against Romtelecom with Galati Court of Justice, requiring the Court to recognise the authorised operator quality of the plaintiff, to establish the fulfilment of the legal conditions regarding the interconnection of the two parties’ networks, to impose on the respondent the conclusion of an interconnection agreement (provided the tariffs established by ANRC for the interconnection of Romtelecom with other operators), as well as the payment of the Courts costs. The request was the object of file no.946/COM/2004, and, by the civil sentence no.939 of June 17, 2004, Galati Court of Justice declined the dispute settlement in this case in favour of ANRC. As the respective sentence was absolute, on August 9, 2004, Galati Court of Law sent the case file to ANRC, which registered it as no.19298/16.08.2004.

ANRC Solution