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) has been empowered by the Law on Access to Properties and Shared Use of Infrastructure Associated with Public Electronic Communications Networks (Law no. 28/2016), in force since April 15, 2016, to ensure compliance with this law of property rights holders and electronic communications network and/or service providers as related to obtaining and exercising the right of access to properties and shared use of infrastructure associated with electronic communications networks. To fulfill this task, ANRCETI developed an Action Plan for the implementation of Law. 28/2016, which provides for the regulatory acts and measures, scheduled by ANRCETI for 2016 and devised to ensure the implementation of the mentioned Law.

The new Law seeks to support the development of electronic communications networks at national level, to promote investment in communications infrastructure and competition between operators on this market. It streamlines the procedures for obtaining and exercising the right of access on properties and encourages infrastructure sharing, which will lead to cost reduction and improve the reliability of electronic communications networks to the benefit of consumers.

According to the plan, ANRCETI will develop and approve, under specified terms set by the law, a number of documents for its implementation, including the sample contract for access on public or private property for the construction (installation), maintenance, replacement, transfer or retrofitting of electronic communications networks or associated infrastructure elements and Methodology for calculating the maximum fees for the right of access to public property and/or shared use of physical infrastructure. However, ANRCETI will make publicly available on its official website the conditions of access to state ownership and use shared physical infrastructure, and create a digital inventory of public electronic communications networks and associated infrastructure elements.

According to Law no. 28/2016, public or local authorities, or any other entities responsible for the management of public property are placed under the obligation to publish, within 30 calendar days after the first access request has been received, the conditions of access to this particular property. This information needs to be subsequently delivered to ANRCETI in order to be included in the database accessible on its official website.

Communications networks providers can only have access to public or private property after a contract is concluded. The contract will subsequently be made publicly available and a copy of it delivered to ANRCETI by the holder of the property right. The prices for right of access to properties will be calculated by the holder of the property right on basis of the methodology to be drafted by ANRCETI and approved by the Government. It is forbidden by the law to charge other taxes, fees, rates, rents or other payments for renting space in addition to those provided for in the contracts signed between the two parties.

To facilitate the implementation of Law no. 28/2016, which has an impact on the activity of electronic communications providers, and also of local authorities, property owners and other infrastructure owners, ANRCETI is planning this year an information campaign to raise the awareness of stakeholders in terms of their rights and obligations under this law.

Law no. 28/2016 provides for the rules and conditions of access to public or private property for the construction (installation), maintenance, replacement, transfer or retrofitting of electronic communications networks or associated infrastructure elements, methods of shared use of infrastructure elements and the authorization process of public electronic communications networks roll out.

April 26, 2016