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

The procedure of dispute resolution between providers of electronic communications networks and/or services and between providers and end-users is aimed at offering the market a number of alternatives for most disputed cases. According to the Regulations on Dispute Resolution Procedure in Electronic Communications, where a dispute occurs between providers of electronic communications networks and/or services and having regard to their rights and obligations set by the Law on Electronic Communications no. 241 of 15.11.2007, if it is not amiably solved by the parties, any of the parties may address to ANRCETI for dispute resolution.

The interested party shall file in a complaint, written out on a standard form (an end user may use both a standard form or plain-text form), either by registered mail with confirmation of receipt, by fax or by an electronic entry, authenticated by a digital signature, based on a public key certificate, unsuspended or unrevoked at that given moment.

For every separate case, ANRCETI director, depending on the dispute nature and complexity, by means of a written resolution, shall refer the dispute to the Legal Service of the Agency, or, if appropriate, to an expressly formed commission, consisting of Agency experts, to resolve the dispute.

The Agency instituted two procedures for a dispute resolution between providers of electronic communications networks and/or services – the mediation and contentious procedure. The interested party may choose the mediation procedure. It is a structured process, in which a third party, unbiased and neutral, assists the disputing parties, within a face-to-face meeting, aiming at attaining an acceptable solution for the benefit of both parties. In this situation the Agency’s contribution consists in the clarification it can provide with reference to the scope of application of the legal orders pertaining to the given case. Where the mediation procedure successfully resolves the dispute, the parties shall conclude a transaction.

The mediation procedure shall be based on the principle of confidentiality and shall not exceed 30 days from the date ANRCETI was notified on the matter. Unless the parties reach an agreement in due time, the dispute shall be resolved by contentious procedure. The interested party may also directly choose to undergo a contentious procedure skipping the mediation. The contentious procedure shall automatically start where the mediation procedure failed. The Decision by which the Agency solves the dispute shall be issued within 30 days form the date it was notified on the matter. Under exceptional circumstances, this term may be extended by a decision of the Agency Director.

In order to solve a dispute between an end user and a provider of electronic communications services, the former may refer the matter to the Agency for mediation. The Agency shall take all the due actions, including summoning the two parties to joint or separate sessions, in order to exactly identify the actual state of things and the applicable legal norms. The parties involved in the dispute shall be bound to do the utmost for amiable dispute resolution and cooperate with the Agency staff in this respect. Where the parties failed to solve the dispute within 30 days from the date of complaint, the Agency shall provide, as a recommendation, its opinion on the possible ways of dispute resolution, reasoned as appropriate.

The ways of dispute resolution falling under the Agency’s competence are compulsory and free of charge.

The Legal Service is in charge of dispute resolution between providers of electronic communications networks and/or services, and between providers and end users.

Contact: Mrs Angela Ganaciuc, tel. 251-346, e-mail: ganaciuc@anrceti.md.