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

The National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI) hereby informs the public that on Friday, January 6 2017, the Methodology for calculating the maximum tariffs for the right of access to public property and/or shared use of physical infrastructure became effective. The Methodology was developed by ANRCETI, approved by Government Decision no. 1434 of 29.12.2016 and published in the Official Gazette of the Republic of Moldova dated January 6, 2017.

The document is based on the provisions of the Law on access to the properties and shared use of infrastructure associated to public electronic communications networks no. 28 of 10.03.2016 (Law no. 28/2016), according to which the public or local authorities, other public institutions and any other entities empowered to manage public property or property of administrative-territorial units and holders of common property right, including of condominium, are required to set tariffs for the right of access of electronic communications providers to those particular properties and shared use of physical infrastructure, based on the calculation methodology developed by ANRCETI and approved by the Government.

The Methodology provides for the method of determining the maximum fees for the right of access to properties and/or shared use of physical infrastructure, the structure of these tariffs, specifying the direct costs included in the tariff, as well as the costs not included in it. The tariffs are calculated as a single sum, payable by the provider of electronic communications networks after signing a contract of access to public or private property with the property owner.

The tariffs may not be modified more frequently than once in 12 successive months. The modifications will be based on the same principles and rules laid down by the methodology. Where the provider does not agree with the tariffs proposed and motivated by the property owner, whereas during contract negotiations the parties cannot agree on mutually acceptable tariffs, either party may appeal to ANRCETI for dispute settlement.

ANRCETI Administrative Board consider that the application of the methodology will contribute to the development of public electronic communications networks by cost optimization, to the enhancement of investments in communications networks and infrastructure, to the promotion of competition on the electronic communications market.

January 9, 2017