11.07.2022

“The transposition of the European Electronic Communications Code (EECC) into the national legislation confers the Romanian users more rights in the relation with the service providers, as more emphasis is put on improving the level of awareness and protection of the end consumer throughout the European Union. Moreover, the normative act pursues enhancing the competition and stimulating the investments in the 5G networks, ensuring predictable regulations for the radio spectrum, promoting connectivity, as well as ensuring a high quality of the electronic communications services. In this context, the Authority has the necessary leverages to start organising the spectrum auction”, Mr. Vlad Stoica, the ANCOM

President, has said. The transposition into the national legislation of Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code by means of Law no. 198/2022 on amending and completing certain normative acts in the field of electronic communications and on setting measures for facilitating the development of the electronic communications networks aims at creating a new regulatory framework that would contribute to the deployment and use of very high capacity networks, sustainable competition, interoperability of electronic communications services, security of electronic communications networks and services, ensuring benefits for the end-users, including the disabled ones.

End-users’ rights 

An important aspect envisaged by the EECC provisions is improving the end-users’ awareness, a special emphasis being put on their information by the electronic communications service providers before the conclusion of a contract.

Also, it is deemed that a series of end-user protection provisions which a priori applied only to consumers, such as those on contract information, maximum contract duration and bundles, should benefit not only consumers, but also microenterprises and small enterprises, and not-for-profit organisations, given that  their bargaining position in the relation with the electronic communications service providers is comparable to that of consumers.

Additionally, the end-users’ rights concerning the portability service are extended, while certain conditions for the transfer to another internet access service provider are also regulated.

Other changes brought by the EECC

Considering the changes to the primary legislation, the technological evolutions and the national and European context, updates will be made on the decision concerning the setting of minimum security measures that must be taken by the providers of electronic communications networks or of publicly available electronic communications services, and the reporting of incidents with significant impact on the provision of electronic communications networks and services.

As regards the regulation of the electronic communications markets, this normative act brings a series of clarifications to the current legislation, comprising several new elements which are meant to facilitate in particular the providers’ voluntary opening of access to their networks, as well as the joint investments. Furthermore, the encouragement of very high-capacity network roll-out is pursued.  

Administration and management of radio frequency spectrum

The EECC provisions which concern the radio spectrum management mainly aim at facilitating the development of electronic communications networks, implementing new technologies to the benefit of end-users and increasing the predictability as to the use of radio spectrum. In this sense, the new legal framework introduces the principle of shared use of radio spectrum, providing also longer terms for the validity of the licences for the use of radio frequencies.

In this context, the Authority will begin the process of awarding the licences for the use of radio frequencies for the provision of public networks and broadband wireless electronic communications services. Thus, in the following period, are scheduled to take place the adoption of the decision on the organisation of the selection procedure for awarding frequency usage rights in the spectrum available in the 700 MHz, 1500 MHz, 2600 MHz and 3400-3800 MHz bands and of other required normative acts, under the conditions provided for by the revised primary legislation. As well, the other documents for the optimal organisation of the auction procedure will also be adopted.

Information of users and providers

In order to support both the users and the providers in knowing the rights and obligations they have in their contractual relationship according to the new legal framework, ANCOM will disseminate the essential information on the Infocentre website and will continue the information actions therefor. Law no. 198/2022 on amending and complementing certain normative acts in the field of electronic communications and on setting measures for facilitating the development of electronic communications networks was published in the Romanian Official Journal no. 681/07.07.2022 and is available (in Romanian) here.