Disputes between users and providers

Users may address ANCOM in view of settling the disputes between them and theelectronic communications providers raised by the enforcement of Law no.304/2003, if the respective disputes have not been amicably solved between the parties.The mediation procedure is set out by the ANCOM Decision no.480/2010 on establishing the procedure for the resolution of disputes within the competence of the National Authority for Management and Regulation for Communications.

The procedure for the resolution of disputes between the electronic communications end-users and providers is optional and free of charge.

The procedure for the resolution of disputes between the electronic communications end-users and providers is a written procedure.

In order to accurately establish the actual situation and the applicable legal provisions, the ANCOM personnel in charge of resolving the complaints shall require the parties to provide, in writing, the information deemed necessary, as well as their views in relation to the aspects concerned.

If such is the case, in view of the concerned provider’s compliance with the obligations incumbent on it on grounds of the legislation in the electronic communications field, ANCOM may conduct control actions.

Should the parties not reach an agreement within 60 days from receiving a complaint, ANCOM will identify the modalities it deems adequate for resolving the dispute and will communicate the parties, as a recommendation, its reasonably motivated proposition for resolving the respective dispute.

Decision no.480/2010 makes available to the interested entities a complaint form, which is not mandatory, but can serve as a model as to the types of information which need to be submitted to ANCOM.