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

Today, the Administrative Board of the National Regulatory Agency for Electronic Communications and information Technology (ANRCETI) issued a decision to withdraw the license of Joint Venture „Eventis Mobile” LLC for cell mobile telephony service provision GSM standard, in 900 MHz frequency band. This was the communication of ANRCETI Director, Grigore Varanita, in a briefing with mass media.

The legal grounds invoked for adopting this decision are Art. 21 (2) e) of the Law on regulating entrepreneurial activity through licensing no.451-XV of 30.07.2001 (Law 451/2001) in corroboration with Art. 31 (2) b) of the Law on electronic communications no. 241-XVI of 15.11.2007, which provide that the license can be withdrawn, if the license holder fails to remove the circumstances that led to the suspension of the right given by the license.

This Administrative Board Decision was preceded by a decision of temporary suspension of „Eventis Mobile” LLC license validity, adopted at the request of the administrator of the insolvency procedure and subsequently validated by a Ciocana Court on 29.05.2013. This Decision expressly provided for the obligation of „Eventis Mobile” LLC to notify ANRCETI, in written form, pursuant to 20 (4) of Law 451/2001 about the removal of the circumstances that led to license suspension.

Having regard to the fact that „Eventis Mobile” LLC failed to meet its obligation to remove the circumstances that led to the suspension of the license and to notify the regulator of the fact, ANRCETI had to reiterate the requirement, however the company failed to comply. Moreover, the administrator of the insolvency procedure of company „Eventis Mobile” LLC had been warned that ANRCETI would take measures as required by the legislation in force, in case if the information provided for in the given decision fails to be presented in due terms.  

According to the provisions of Art.17 (6) of the Law on basic principles of regulating entrepreneurial activity nr. 235-XVI of 20.07.2006, in correlation with the provisions of Art. 20 (5) of the Law 451/2001, Art. 343⁵ of the Code of Civil Procedure of the Republic of Moldova no. 225-XV of 30.05.2003, only the court ruling that pronounced the decision on license suspension can serve as legal grounds proving that the circumstances that led to license suspension have been removed. The fact that the court did not issue such a decision, respectively did not acknowledge that the circumstances that led to license suspension have been removed, justifies the legal relevance of ANRCETI decision to withdraw the license of this company.

According to the legislation in force, ANRCETI decision to withdraw the license of Joint Venture „Eventis Mobile” LLC will be submitted to court for a definite and irrevocable court ruling.

ANRCETI specifies that Joint Venture „Eventis Mobile” LLC obtained the license for cell mobile service provision, GSM standard, in December 2006, in December 2007 launched the commercial provision of its services. Since April 2010, pursuant to a decision issued by the Economic Court of Appeal, JV „Eventis Mobile” LLC has been under insolvency procedure.

August 16, 2013