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

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) developed a comprehensive set of rights of electronic communications providers, which provides them with ways of action when they engage in construction (installation), maintenance, dismantling, replacement, transfer or retooling of public electronic communications networks or infrastructure elements necessary to support them. These rights are the basis of the expectations of electronic communications players, whereas their observance by owners of property/administration of public and private properties, is an essential factor for improving the access to infrastructure.

In order to provide these benefits, public entities at different levels are required to comply with national legislation on access to property and shared use of physical infrastructure and, when this does not happen, to assume the arising responsibilities.

In addition to the material right of electronic communications providers regarding access to properties, Law no. 28/2016 also establishes the mechanism for solving disputes related to access to properties, namely the out-of-court settlement of disputes, which is an essential component of the adequate implementation of this law.

So, apart from the prerogative of electronic communications providers to resort to justice, when access is refused by property owners, pursuant to Law no. 28/2016, they also have at their disposal an optional, free and simple way, to resort to ANRCETI for dispute resolution.

According to Art. 3 paragraph (4) of Law no. 28/2016, ANRCETI is empowered to resolve disputes between providers of electronic communications and the owners of public or private properties, including physical infrastructure to which access is requested for installing, maintaining, dismantling, replacing, transferring or upgrading public electronic communications networks , in order to ensure free competition and protect the interests of users.