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

Over 77% of the violations found by the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI) during the inspections of the activity of electronic communications network/service providers in 2013 relate to the end-users legitimate interests, shows an ANRCETI report regarding its monitoring and control activity last year.

In most cases ANRCETI found inconsistency of the contracts for the provision of publicly available services with the requirements of normative acts in force. Following the inspections, ANRCETI issued 91 prescriptions, demanding that the providers concerned stop the violations and take steps to remedy the consequences. The report states that the providers admitting of such violations complied with the requirements of the prescriptions issued by ANRCETI. The document also shows that in 2014 ANRCETI will focus on verifying the providers’ compliance with the new Regulation (doc. in state language) on Electronic Communications Service Provision to End Users, expected to enter in force on February 15, 2014.

In 2013, ANRCETI specialists conducted 138 inspections, of which 101 – planned and 37 – unplanned. From 1 March 2013, ANRCETI, according to new requirements of the law on state control over business activity, approve and publish on its website the following quarter graph of planned controls.

Starting March 1, 2013, ANRCETI, in accordance with the new requirements of the Law on State Control on Entrepreneurial Activity, approves the timetable of inspections and makes it available on its Internet site.

As a result of the inspections, revealing serious violations, ANRCETI specialists made 23 contravention reports, of which 14 in relation to natural persons and 9 – to legal entities, including five providers of electronic communications networks and services. Most reports - 12 - were made with reference to natural persons who admitted illegal connections to electronic communications networks of duly authorized providers. Six reports were made concerning construction companies performing works within the line protection areas, cables and electronic communications facilities with no authorization by the owners of such infrastructure.

All the reports were submitted to the court (Centru sector, Chisinau) to be examined. So far, the court examined and issued rulings as regards 20 reports. In 15 cases the court applied fines, in three cases – found the admitted the guilt of the offenders, but did not impose sanctions because the prescription terms for the contravention (3 months) had expired. Also, two reports made by other entities authorized with inspection powers, were dismissed. According to court judgments, the offenders paid a total of 32,5 thousand lei fines.

Under the legislation in force, ANRCETI supervises the compliance with and enforcement of legislation and normative acts in the field of electronic communications, ascertains violations in this area, in postal communications and information technology, by making due reports and submitting them for examination to the court. The fines imposed on offenders by the court are fully transferred to the state budget.

January 18, 2014