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) published on its official website 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 and infrastructure elements, according to its duties under the Law on Access to Properties and shared use of infrastructure associated to public electronic communications networks no. 28 of 03.10.2016 (hereinafter - Law no.28 / 2016).

The standard contract was developed by ANRCETI pursuant to the provisions of Law no.28/2016, which provides for an optional standard form of this agreement, namely, a contract which sets the conditions for exercising the right of access of public electronic communications network providers to public or private property. According to Law No.28/2016 the standard contract developed by ANRCETI is available on its official website within three months from the date of entry into force of this law (April 15^th 2016).

The standard contract reflects the clauses of Law no.28/2016 and mainly covers the provisions related to the rights and obligations of the contracting parties, the contract duration, amendments and termination arrangements, fees and payment arrangements etc. The document is intended for the support of both the public electronic communications network providers and the rights of public or private property owners, constituting an additional legal guarantee in the stages of contract negotiation for access to public or private property.

ANRCETI recommends providers and holders of the property rights to use the standard contract in negotiating and concluding contracts for access to public or private property for the construction (installation), maintenance, removal, replacement, transfer or retrofitting of public communications networks or infrastructure elements.

According to Law no.28/2016, public electronic communications network providers may have access to public or private property only after concluding a contract with the owner of the property or administrator or, in the case of public buildings - with the manager (administrator) of the building.

In order to obtain the right of access to public or private property, providers will request in written form the conclusion of a contract. The contract negotiation deadline is 30 working days from receiving the request for access and the documents showing that the conditions of access are met.

If the contract has not been concluded within the established timeframe, or if refused, the applicant is entitled to refer to ANRCETI to resolve the dispute. If this request is justified, ANRCETI, within the following 30 calendar days will issue a binding decision which substitutes the contract between the parties. Subsequently, the parties to the dispute will have the right to file ANRCETI decision to a competent court.

July 12, 2016