The Administrative Board of the National Regulatory Agency for Electronic Communications and Information Technology (ANRCET) approved four decisions (no. 31, 32, 33 and 34 - docs in state language) by which established the interpretation of a number of provisions from the Annex to Decisions no. 60, 77, 78 and 79 (docs in state language) of 23.12.2010 regarding the special ex-ante obligations to be imposed on providers designated as having significant market power on the market for voice call termination in individual fixed and mobile telephone networks. These decisions are available on ANRCETI Internet page and have been sent to the providers concerned.
Taking into consideration the principle according to which the official interpretation of acts falls under the competence of the issuing authority and with the view of establishing the interpretation of a number of provisions from the Annex to Decisions no. 60, 77, 78 and 79 of 23.12.2010, with subsequent amendments, ANRCETI Administrative Board, established, as a transitional measure, that before establishing cost-based rates for interconnection services for international call termination in fixed and mobile networks, the request of an provider applying for acceptance of international calls transited by the latter, shall be performed by the supplier offering such service exclusively according to the principle of contractual freedom and good faith negotiation on technical and commercial conditions.
The aforementioned decisions were approved pursuant to Art. 9 (1) u) of the Law on Electronic Communications and to clauses 14 and 15 b) of ANRCETI Regulations (doc. in state language), approved by Government Decree no. 905 of 28.07.2008. Having regard to the complex situations related to the enforcement of the regulations from Annexes to ANRCETI Administrative Board Decisions no. 60, 77, 78 and 79 of 23.12.2010, with subsequent modifications, for the purpose of unity and correct understanding of the contents of this act, by issuing the decisions of interpretation of a number of clauses in the annexes, ANRCETI offered legal solutions for the realization of the regulation in the exact and complete meaning of its clauses.
The given interpretation is official and obligatory for all parties of legal relations concerned by Administrative Board Decisions no. 60, 77, 78 and 79 of 23.12.2010, with subsequent modifications.
August 20, 2013