Pursuant to the provisions of Chapter VI of the Regulation on Provision of Publicly Available Electronic Communications Services, approved by ANRCETI Administrative Board Decision no. 48 of September 10, 2013, as subsequently amended (hereinafter - Regulation No.48/2013), any end-user is entitled to require that the provider remedy the deficiencies arising from the provision of the contracted services by submitting a complaint.
Complaints may be filed in writing, by phone, fax, at hearings held by officials of the provider or otherwise stipulated in the Complaint Handling Procedure approved by the given provider, published on the Internet and available free of charge at all its service points (commercial offices). The Complaint Handling Procedure shall contain:
1) methods, by which the end user can submit a complaint (by mail, phone, fax, e-mail);
2) a phone number, postal address and e-mail address for receiving complaints;
3) the name, address and work schedule of the provider’s point of service (commercial office) responsible for receiving and registering complaints, if applicable;
4) the maximum time limit for settling complaints or, if applicable, for each category of complaints, which shall not exceed 30 days;
5) the possibility for the end user to contact ANRCETI or the competent courts.
The outcome of the complaint examination is notified to the complainant in writing or, with his or her consent, verbally.
If the user is not satisfied with the outcome of the complaint examination, he or she is entitled to apply to ANRCETI or to the competent court in the established manner.
The application to ANRCETI may be in the form of:
1) petition, filed and respectively, examined, in accordance with Code no. 116/2018;
2) complaint regarding the dispute between the end-user and the provider, filed and examined in accordance with the procedure approved by ANRCETI
Administrative Board Decision no. 54 of September 24, 2013 (hereinafter Decision 54/2013).
The petitions are examined and resolved by the appropriate subdivision (Public Relations and Protocol Service) of ANRCETI in the administrative procedure initiated on the day the petition was registered and completed within 30 days, except for complex and exceptional cases, when this period may be extended by 15 and 90 days, accordingly.
The petition may be filed:
a) in written form, by post or fax;
(b) in electronic form, with digital signature;
c) verbally, during the hearings conducted by ANRCETI, being recorded in a report.
The petition must be expressed clearly, concisely and in good faith and contain the following elements:
a) the surname and name or the petitioner;
b) the place of residence or headquarters of the petitioner and e-mail address if a response is requested this way;
c) the name of the public authority;
d) the subject matter of the petition and its motivation;
e) the signature of the petitioner or of his legal or empowered representative, or electronic signature in case the petition is filed electronically.
Anonymous petitions or those lacking the petitioner's postal or electronic address are not examined.
If the petition does not meet the established requirements, the applicant must be advised of the shortcomings and be given a reasonable time limit for their removal. If the petitioner does not remedy the shortcomings within the allowed time, the petition is not considered.
Petitions containing uncensored or offensive language, threats to national security, public order, the life and health of the official, and his family members are not examined.
The administrative procedures are completed by undertaking certain administrative/real acts (manifestations of will or activities that do not produce legal effects as such but are aimed at obtaining actual results) or, as the case may be, other official measures (issuance of administrative acts, which directly produce legal effects, through the appearance, modification or termination of legal relationships of public law).
Complaints about disputes between end-user and provider are addressed to ANRCETI in one of the following ways:
1) by submitting personally (or by representative) to ANRCETI office;
2) by the registered postal service, with acknowledgment of receipt or by fax;
3) by an electronic form, to which an authentic digital signature is applied, based on a public key certificate, which is not suspended or unverified at that time.
The complaint will include information about:
(1) the parties to the dispute and their identification data;
2) the subject matter of the dispute - the obligations imposed under the Electronic Communications Act no. 241-XVI of November 15, 2007, regulations regarding the activity in the field of electronic communications, allegedly violated by the respondent need to be mentioned;
3) factual reasoning - the complainant must provide details, including relevant documents (copies of correspondence, notes of meetings between parties, etc.);
4) motivation in law - the legal provisions on which it is based;
5) how the complainant is affected by the dispute;
(6) the measures taken by the parties to settle the dispute amiably, in the event of such action, a copy of the respondent's reply (decision) to the petition, copy of the service contract, invoice and other documents considered relevant by the complainant;
7) the solutions and measures proposed by the complainant to resolve the dispute;
8) the information, if an application with the same subject matter, the same cause and between the same parties was filed with a court;
9) signature and stamp, as appropriate.
Complaints that do not meet the established conditions are not considered.
The decision on dispute settlement is issued by ANRCETI Administrative Board within one month from the date of the notification, it is published on the official ANRCETI website and is submitted to the parties for enforcement, within 3 working days.
The decision on dispute settlement has the legal force of an administrative act and may be challenged in the competent court, under the conditions and within the time limit set by the relevant legislation in force.
Additional information: Victoria Batiusca, ph .: 022-251-367, e-mail: firstname.lastname@example.org