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

In accordance with the provisions of Art. 3 paragraph (4) of the Law on Access to Properties and Shared Use of Infrastructure Associated with Public Electronic Communications Networks no. 28 of March 10, 2016 (hereinafter Law no. 28/2016), ANRCETI is empowered to solve disputes between providers of public electronic communications networks and owners of public or private property, including physical infrastructure, to which access is requested for construction (installation), maintenance, dismantling, replacement, transfer or retooling of public electronic communications networks, in order to ensure free competition and to protect the users' interests.

Thus, providers of public electronic communications networks or persons who, under any title, own physical infrastructure, can notify ANRCETI in case a dispute arises regarding the granting and exercising the right of access to properties and/or shared use of the physical infrastructure. The dispute resolution procedure is an optional, free procedure and is carried out in accordance with the provisions of the Administrative Code of the Republic of Moldova no. 116 of July 19, 2018 (hereinafter the Administrative Code no. 116/2018).

Following the complaints of providers of public electronic communications networks regarding the resolution of disputes with certain central, local public authorities and/or private entities, ANRCETI adopted enforceable decisions that oblige the mentioned entities to establish and publish the conditions of access to public property for the purpose of construction (installation), maintenance, dismantling, replacement, transfer or retooling of public electronic communications networks, according to the provisions of Law no. 28/2016 in correlation with those of the Administrative Code no. 116/2018.

In the same context, ANRCETI reiterates the fact that both central and local public authorities and/or private entities, as well as providers of public electronic communications networks have at their disposal the legal framework they are required to comply with, and are encouraged to put into practice their rights and obligations under the law. Also, the authority will continue to be involved in the correct and uniform application of Law no. 28/2016, including by providing relevant information, to all parties involved in this process.

Detailed information on the provisions of Law no. 28/2016, as well as about the procedure for notifying ANRCETI, the categories of disputes that can be examined and solved by ANRCETI, the decisions taken in this regard, etc. can be consulted in the section "Access to properties/Dispute resolution".

February 11, 2020