According to Art.14 (1) of Law no.28/2016, providers of public electronic communications networks can exercise their right of access to public or private property for the construction (installation), maintenance, removal, replacement, transfer or retrofitting of public electronic communications networks or infrastructure elements only after the conclusion of a contract with the duly authorized holder of property or administration right, or in the case of public buildings - with the holder of administration right, while in case of joint properties, including those from condominiums - with the administrator of the building, a contract which provides for the conditions of access.
The contract signed between the parties provides at least for the following:
a) areas or properties in/on which access is allowed, working methods to be used and the actual conditions, including the timeframe during which the holder of the right of access may carry out works of construction (installation), maintenance, dismantling, replacement, transfer or retooling a public electronic communications networks or associated infrastructure elements, including intervention or emergency repair works;
b) the conditions in which the owner or administrator of the property may carry out works that would affect the access to electronic communications networks or elements of infrastructure or might affect their proper maintenance and functioning or would require their transfer;
c) ways and timeframes of providing information between the parties on works to be carried out on the public or private property for those exercising the right of access;
d) the payment due for exercising the right of access, where applicable.
Where the contract is not concluded within 30 working days from the date the application and the documents the fulfillment of the conditions of access have been submitted, or in case of refusal to grant the right of access or failure to solve the application for access in due time the applicant refers the case to the Agency for preliminary dispute resolution. Where the request is justified, the Agency shall issue a decision which shall be binding for the parties and substitute a contract between them, in the shortest possible timeframe and, in any case, in maximum 30 calendar days from the date the complete request was received, except in emergency situations. The decision of the Agency may be challenged in competent court, pursuant to the Law on Administrative Litigation no.793-XIV of February 10, 2000.
Under the provisions of article 14 (9) of Law no.28/2016 ANRCETI developed and approved in July 2016, the standard contract for access to public or private property for the construction (installation), maintenance, removal, replacement, transfer or retrofitting of existing public electronic communications networks and infrastructure elements. The document is available on ANRCETI official website in two versions: word: pdf: .
The standard contract developed by ANRCETI is aimed to support both the providers of public electronic communications and the holders of public or private property rights and represents an additional legal guarantee in the stages of negotiating the contracts of access to those properties.
The standard contract serves as recommendation and aims mainly at structuring and disseminating the rights and obligations of providers of public electronic communications as regards the access to public or private property for the construction (installation), maintenance, removal, replacement, transfer or retooling of public electronic communications networks or infrastructure elements.