In order to obtain and exercise the right of access to public property and/or shared use of physical infrastructure in public ownership, the providers of public electronic communications networks is required to send to the holder of property or administration right, or concessionaire, or tenant or the holder of another right of use of the property or physical infrastructure element an application for access, accompanied by all documents to attest the fulfillment of access conditions.
According to Art 10 (3) of Law no. 28/2016, the application contains the following information:
a) identification and contact data of the provider of public electronic communications networks who intends to carry out works of access to properties and/or shared use of physical infrastructure;
b) property, physical infrastructure or area, requested for the right of access or shared use;
c) purpose for requesting the right of access or shared use of the particular property or physical infrastructure;
d) works to be carried out;
e) estimated work duration.
In order to obtain the right of access to private property, including shared use of physical infrastructure, the provider, according to Art.13 (2) of Law no. 28/2016, includes the following information in his application for access:
a) identification and contact data of the applicant;
b) network elements and/or associated infrastructure intended to be located on the given property and/or physical infrastructure;
c) physical infrastructure and/or parts of the property intended to be used for the location of network elements and/or de associated infrastructure;
d) estimated work duration;
e) conditions for applicant’s interventions to the private property for maintenance and repair of the network and associated infrastructure elements thereon.
The holder of the property or administration right informs the applicant of his consent or motivated refusal for the works of access and/or shared use of physical infrastructure and the conditions for access and/or shared use, within 10 working days as of application receipt.
The right to access or shared use of physical infrastructure may be refused only in objective and duly justified cases, as provided in Art. 10 (9) of Law no. 28/2016. The reasons of refusal are notified to the applicant in writing.
The refusal to grant the right of access to property and/or shared use of physical infrastructure or failure to settle the application for access and/or shared use can be challenged by addressing to ANRCETI, with the subsequent right of the parties to file ANRCETI decision to a competent court.