Consultation Procedure
ANCOM submits to public consultation all the draft decisions that may have a significant impact on the electronic communications market. The Authority makes publicly available the measures to be adopted by means of the Action Plan launched for consultation with the industry, every year. Following the consultation procedure, ANCOM must publish the action plan for the respective year, which contains, as the case may be, the titles of the draft decisions to be launched for public consultation over the whole year.
The objectives provided in the action plan shall take into account the political strategy in the field, as well as the recommendations received from the industry.
The plan shall be as flexible as possible and shall be updated according to the market trends.
Public Consultation
I.ANCOM shall publish the draft under consultation on the Internet page of the institution, in Word and/or PDF format, specifying the following information:
- publishing date;
- deadline for submitting comments;
- code of the document under consultation (according to the Annex);
- the estimated date when the measure under consultation will be adopted.
II. For an efficient consultation procedure, each document under public consultation will be notified to the public by the following procedures:
- The ANCOM Public Relations Division (DRP) will draw up a notification including the title of the document under consultation, a summary of its content rationale (explanatory memorandum), the Internet address where the text may be consulted, the deadline for submitting comments, as well as the means by which these comments may be submitted to ANCOM; this notification will be sent by the mass-media representatives also to the interested persons who required their e-mail address to be recorded in the special list of correspondence elaborated by ANCOM;
- DRP will announce the launching of the public consultation procedure on the ANCOM site homepage;
- DRP will draw up a notification announcing the public consultation and will post it on the ANCOM publicly available panel;
These procedures will be followed on the date of launching the document for public consultation or within maximum 2 working days – at the most - from the date of launching the consultation.
III. The date of publishing the document on the ANCOM Internet page will be considered the date of launching the consultation. If the document has been published on the ANCOM Internet page after 5 o’clock p.m., the publishing date shall be considered the next day.
The deadline for submitting comments and suggestions on the drafts under public consultation is of minimum 30 days from the date of publishing the document on the ANCOM Internet page. Where the decisions must be adopted under the emergency regime, this term may be shorter than 30 days, but not shorter than 10 days. As the case may be, ANCOM will explain the nature of the emergency by means of the notifications presented at point III.
Interested persons may submit comments and suggestions on the drafts under public consultation, in written form, by mail (2 Delea Noua Street, Bucharest 3, Romania, 030925), fax (+40 21 307 54 02), e-mail (consultare@ancom.org.ro) or to the ACOM Registry. Comments and recommendations, may be also submitted to the ANCOM territorial offices in the closest county capital.
The Media and Website Section of the Public Relations Division (DRP-SMW), in collaboration with the section/sections/person/persons receiving the comments on the drafts they are directly involved in, will keep record of all the comments and recommendations received; SMW will establish an internal registry for recording all these recommendations and comments and will be in charge of updating it.
IV. Each document under consultation will be accompanied by an explanatory memorandum to be published, as well, on the ANCOM site.
The main provisions or the whole content – depending on the possibilities - of the documents to be launched for public consultation will be presented, in a preliminary version, to the operators, to users’ associations, as well as to other interested parties. This objective could be accomplished by various means, among which:
- Specialty industry meetings;
- Informal meetings under the patronage of the Consultative Council (sub-commissions);
- Other meetings organised by ANCOM.