Tariffs for access to public property: amendments under the new Electronic Communications Law
02.09.2022
ANCOM launches for public consultation amendments to some maximum tariffs applicable for the electronic communications operators’ access to land, buildings and other real estate assets in the public property of the state or of the administrative-territorial units, for the installation of underground and aerial communication networks and infrastructures. Tariffs may be applied 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.
Amendments to the provisions in force
Law no.198/2022 provides that the maximum tariffs for exercising the right of access on, above, in or under the public property buildings, calculated by ANCOM not to exceed 0.1 lei/m/year, 3 lei/sqm/year or 3.5 lei/pillar/year, must be modified to observe these maximum levels.
Thus, the draft decision provides that - 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 is exercised, the tariffs for access on, above, in or under public property buildings cannot exceed the levels of 0.1 lei/ml/year, 3 lei/sqm/year or 3.5 lei/pillar/year, as the case may be.
ANCOM also proposes to review only the access categories for which the costing model generates tariffs above the level of 0.1 lei/ml/year (for cables), respectively 3 lei/sqm/year (for boxes), the maximum values of the tariffs established by ANCOM in 2018 remaining unchanged.
Public consultation
The Draft Decision on amending ANCOM President’s Decision no.997/2018 regarding the maximum tariffs applicable for exercising the right of access on, above, in or under public property buildings is available, in Romanian, here. Comments and suggestions may be sent until 12.09.2022, to the ANCOM headquarters (2 Delea Noua Street, Bucharest 3), by means of the Online Registry, or by means of the Authority’s regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.ro.
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