National Regulatory Agency for Electronic Communications and Information Technology of the Republic of Moldova

Pursuant to Electronic Communications Law no. 241-XVI of 15.11.2007 (hereinafter Law 241/2007), ANRCETI examines two types of disputes: (i) between providers of electronic communications networks and/or services and (ii) providers of electronic communication services and end users. The way the disputes are resolved by the Agency is established by the Regulations on Dispute Settlement Procedure in Electronic Communications, approved by ANRCETI Administrative Board by decision (doc. in state language) no. 54 of 24.09.2013. The decision became effective on December 13, 2013, when published in the Official Gazette of the Republic of Moldova.

Under the Regulations, in case of a dispute between providers of electronic communications networks and/or services in relation to rights and obligations imposed on them under Law 241/2007 and the ANRCETI regulations or those under obligations of access and/or interconnection in accordance with the provisions of the mentioned laws and ANRCETI regulations, where the disputes cannot be amiably solved, either party has the right to apply to the Agency for dispute settlement.

In the event of a dispute between the electronic communications service provider and the end user under Law 241/2007 and in connection with on the contractual conditions (clauses) as to the rights conferred in Chapter VIII of Law 241/2007 and/or the fulfillment of these conditions (clauses), which was not amicably resolved by the parties according to the procedure laid down in contracts, they have the right to apply to ANRCETI to settle the dispute.

In the situations described above, either party may submit to ANRCETI, personally or through a representative, a complaint seeking dispute resolution. The list the information that must be included in the complaint regarding the dispute between providers of electronic communications networks and/or services is prescribed in the above-mentioned Regulations. The complaint shall be written as required in the Annex (in state language) to the Regulations.

When examining disputes between providers, and where it is found that the applicant's claims are justified, ANRCETI will take steps to restore the legitimate rights and interests of the applicant by issuing a binding Administrative Board Decision. This decision will be issued within one month from the date of referral to ANRCETI. This period may be extended, at the proposal of the dispute settlement Commission, by maximum one month. That decision may be suspended or canceled by another ANRCETI decision or by a court ruling.

In disputes between providers and end-users, failed to be amiably resolved, the latter can address to ANRCETI to resolve the disputes in accordance with the procedure for preliminary settlement of complaints, provided by contracts with providers. This procedure is a written one. If the parties have not reached an agreement within one month after ANRCETI received a complaint, the regulator will submit its properly reasoned opinion on how to resolve the dispute.

The dispute resolution procedure is optional and free. The Legal Department of ANRCETI is in charge of the organization of this procedure.

Contact: Lilian Platon, tel.: 022 251 330, e-mail: lilian.platon@anrceti.md.