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

The law on access to properties and shared use of infrastructure associated with public electronic communications networks no. 28 of 10.03.2016 (hereinafter - Law no. 28/2016), in force since April 15, 2016, establishes:
• the rules and conditions for access to public or private property for construction (installation), maintenance, dismantling, replacement, transfer or retooling of public electronic communications networks or infrastructure elements necessary for their operation,
• method of shared use of physical infrastructure elements situated on, over, in or under public or private property, which can be used for the installation of public electronic communications networks and associated infrastructure for the purpose of installation, maintenance, dismantling, replacement, transfer or retooling of public electronic communications networks and provision of electronic communications services to end users;
• method of authorization of construction (installation), dismantling, replacement, transfer or retooling of public electronic communications networks and infrastructure elements associated with those networks.

The clauses of Law no. 28/2016 are applicable to:
• providers of public electronic communications networks authorized under Law on Electronic Communications no. 241-XVI of 15.11.2007 (hereinafter Law no. 241/2007),
• central public or local authorities, other public institutions, any other entities exercising a right of administration of public properties or territorial-administrative, including state or municipal enterprises that manage civil engineering infrastructure, holders of the rights of joint property administration right of administration, including condominiums,
• holders of property or administration right, concessionaires, tenants, holders of another right of use of public and private properties or physical infrastructure elements.

The right of access to public or private property is a right of property use in order to carry out works necessary for the construction (installation), maintenance, dismantling, replacement, transfer or retooling of public electronic communications networks or associated infrastructure elements, in observance of the principle of minimum impact to the property and to the owner’s rights.

Providers of public electronic communications networks have the right of access to private properties, including shared use of physical infrastructure, under Law nr.28/2016, provided that the following conditions are cumulatively fulfilled:
a) the works of access to properties do not contradict the destination or public interest to this property;
b) the works of access to properties are carried out in accordance with the requirements of urban and territorial planning, construction quality or protection of environment, health and public order, national defense and security, as provided by regulations in those areas;
c) the holder of public property right or the holder of the administration right, or the concessionaire, or the lessee or the holder of another right of use, duly empowered by the owner of the particular property has given consent to sign a contract, in which to lay down the conditions for exercising the right of access and/or shared use, or, in case of his refusal, the Agency has issued a preliminary decision or the court has made a final and irrevocable judgment to serve as contract between the parties;
d) the works of access to properties do not affect or insignificantly affect the destination or the right of use of those particular properties, whereas the damage caused to the property are covered by the provider;
e) the destination or the right of use of those particular properties is not permanently affected by additional restriction because of the works of access, where another provider of public electronic communications networks has already carried out works of access to those properties. This provisions is also applicable to the right of access (shared use of physical infrastructure) on joint properties, including those on condominiums.

As of April 2016, ANRCETI is empowered by the provisions of Law no. 28/2016 to ensure the compliance with this law by holders of property rights and providers of electronic communications networks and/ or services when obtaining and exercising the right of access on properties and shared use of associated electronics communication infrastructure.

The documents from the section Access to properties are aimed at providing stakeholders with basic information, in friendly language, as to the provisions of Law no. 28/2016 and regulatory acts issued by ANRCETI for the implementation of this Law.