28.09.2022

In the last meeting of the Advisory Council, the National Authority for Administration and Regulation in Communications of Romania (ANCOM) approved the amendment to the ANCOM President’s Decision no. 997/2018 on the maximum tariffs applicable for access on, above, in or under public property buildings.

“The adopted decision is part of ANCOM’s extensive review of the secondary legislation, aimed at aligning it with the new provisions in Law no. 198/2022 for the transposition of the European Electronic Communications Code, so that the national telecom legislation fully foster the development of electronic communications networks in order to provide services that meet the needs of end-users.  For this objective, another useful tool, especially for local public administrations and industry, is the Joint Order of MDLPA, MCID and ANCOM, for the approval of the technical regulation "Telecommunications Ducts (TcD). Fiber optics. Design, execution, use, maintenance and verification". It was published last Friday in the Romanian Official Journal no. 395, and will enter into force in 30 days.”, said Eduard Lovin, vice-president of ANCOM, in this context. 

Provisions adopted in the Consultative Council

According to the adopted decision, the tariffs for exercising the right of access on, above, in or under public property buildings will not exceed the value of 0.1 lei/m/year, 3 lei/sqm/year or 3.5 lei/pole/year respectively, for electronic communications network elements and physical infrastructure elements, namely antennas, cabinets, technical rooms, manholes, ducts, base stations, poles, pillars, masts, towers, other equipment and supporting physical infrastructures, as well as for the cables and boxes for which other type of access than that provided for in the Decision is exercised.

Under this decision, the categories of access for which the costing model generates tariffs above the level of 0.1 lei/m/year (for cables), respectively 3 lei / sqm / year (for boxes) were not revised, the tariff ceilings remaining as set by ANCOM in 2018, while the calculation methodology remained unchanged.

Background info

Following the entry into force of Law no. 198/2022 for the amendment and completion of some normative acts in the field of electronic communications and for the establishment of measures to facilitate the development of electronic communications networks, which also provides that those maximum tariffs for exercising the right of access on, above, in or under public property buildings, calculated below the level of 0.1 lei/m/year,  3 lei/sqm/year or 3.5 lei/pillar/year to be modified to reach these maximum levels, ANCOM harmonized the relevant secondary legislation in the field. Therefore, ANCOM proposed and publicly consulted the modification of some maximum tariffs applicable to providers of electronic communications networks for access to land, buildings and other constructions in the public property of the state or of the administrative-territorial units, in order to install underground and aerial communications networks and infrastructures. Tariffs may be levied by public institutions, including central or local public administration authorities, as well as by any other entities exercising the right of administration over public property.

The decision approved at the meeting of the Advisory Council will be sent for publication in the Romanian Official Journal and will enter into force on the date of publication.