Access To Properties And Associated Infrastructure Sharing Of Public Electronic Communications Networks

Original Language Title: privind accesul pe proprietăţi şi utilizarea partajată a infrastructurii asociate reţelelor publice de comunicaţii electronice

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Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=364218

Parliament adopts this organic law.


GENERAL Chapter IDISPOZIŢII
Art. 1 - (1) This law establishes the rules and conditions to:
a) access to public or private property for the construction (installation), maintenance, removal, replacement, transfer or refurbishment of public communications networks or electronic infrastructure elements required to support them;
B) the sharing of physical infrastructure elements located on, above, in or under public or private property, which can be used for the installation of public electronic communications networks;
C) the sharing of infrastructure elements associated public electronic communications networks for the installation, maintenance, removal, replacement, transfer or retrofitting of public electronic communications networks and provision of electronic communication services to end-users;
D) the authorization of construction (installation), removal, replacement, transfer or retrofitting of public electronic communications networks and associated infrastructure elements such networks.
(2) This Law shall not extend to special electronic communications networks, the telecommunication system of public administration and infrastructure associated with these networks.
(3) This Law shall apply to all providers of public electronic communications authorized under the law, regardless of their position on the market, and without prejudice to measures ex-ante (ante obligations) that may be imposed under article. 43-50 and 54-57 of the Electronic Communications Act no. 241-XVI of 15 November 2007 as the regulations issued thereunder.
(4) No official act or an administrative measure issued by central or local public authorities may not prohibit or limit the right of access or the possibility of providing access to physical infrastructure and properties, except the acts and measures necessary, reasonable assurance of the integrity and functionality of these properties and infrastructure hosted the properties in question.
Art. 2. - (1) For the purposes of this Act, the following terms are defined as follows:
access properties - access, above, in or under land, including agricultural land, forests, water, buildings or other buildings and structures under construction in public or private property for the purpose of using them for construction (installation), maintenance, removal, replacement, transfer or retrofitting of public electronic communications networks or infrastructure elements required to support them;
Physical infrastructure - buildings located on, above, in or under land, including agricultural land, forests, water, roads, streets, overpasses, viaducts, bridges, tunnels, technical and urban galleries, collectors, canals, pipelines, pillars, pillars, towers, buildings or other property and building structures under public or private property, which can be used for the construction (installation) of public networks of electronic communications and physical infrastructure inside of buildings designed to accommodate access networks internal wiring ;
Access to physical infrastructure - providing a provider of public electronic communications networks authorized by law, under art. 5 and 6, the construction placed on, above, in or under land, including agricultural land, forests, water, roads, streets, passages, viaducts, bridges, tunnels, galleries technical utilities, collectors, canals, pipelines, pillars, masts, towers, buildings or other property and building structures under public or private property, which can be used for the construction (installation) of public electronic communications networks and physical infrastructure interior of buildings;
Associated infrastructure - related services, infrastructures and other facilities or elements associated with an electronic communications networks and / or publicly available electronic communications service which enable and / or support the provision of services via that network and / or service that or have the potential and include, inter alia, buildings or entries to buildings, building wiring, manholes, cabinets, ducts, conduits, ducts, masts, towers, antennas, passive network elements and other supporting constructions;

Access to associated infrastructure - providing a network provider and / or public electronic communications services authorized by law, under art. 21 and 22 infrastructure elements associated public communications network electronic building purposes (installation), maintenance, removal, replacement, transfer or retrofitting existing public electronic communications and / or co-location and connecting equipment and / or other elements associated with an public electronic communications network owned by that supplier for the provision of electronic communication services to end-users;
Exclusive right - as exclusive to one provider of public electronic communications networks through a legislative or administrative act, which reserves the right to access a specific public or private property for the construction (installation) or providing networks and / or services public electronic communications and / or carry out other activities in the field of electronic communications in a particular geographic area or give legal advantages and / or regulations that substantially affect the ability of other suppliers to exercise their right of access public or private property for the same purpose and / or to conduct a similar activity in the same geographical area and under the same conditions;
Special right - right granted to a limited number of providers of public electronic communications networks through a legislative or administrative act that:
a) reserve their right of access to public or private property for the construction (installation) or providing networks and / or public electronic communications services and / or conduct other activities in the field of electronic communications in a given geographical area otherwise than on the basis of transparent, non-discriminatory, objective and proportional; or
b) confers, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other provider to exercise his right of access to public or private property for the same purpose and / or conduct a similar activity in the same geographical area and under the same conditions;
Associated service - service associated with a public electronic communications networks and / or publicly available electronic communications service which enable and / or support the provision of public electronic communications services via that network and / or service or has this potential, which includes, inter alia, number translation or systems offering equivalent functionality, conditional access systems, electronic program guides and other services, such as services for the identification, location and presence.
(2) of this Law are also applicable terms defined in art. 2 of the Electronic Communications Act no. 241-XVI from 15 November 2007.
Art. 3. - (1) National Regulatory Agency for Electronic Communications and Information Technology (hereinafter Agency), within its powers, established by this Law and the Law on Electronic Communications no. 241-XVI of 15 November 2007, enforces this law by owners of property and network providers and / or electronic communications services to obtain and exercise of the right of access on properties and use shared physical infrastructure and / or associated infrastructure of public electronic communications networks in order to promote fair competition and sustainable attracting efficient investment in infrastructure and supporting innovation, which gives the maximum benefit to end users. Law on Electronic Communications no. 241-XVI of 15 November 2007 on the mission, core functions, main duties, general rights and other issues regarding the organization of the Agency shall apply, mutatis mutandis, also in the areas of activity shall be delegated by this law.
(2) The provisions of this law do not affect the powers of the Agency, established by the Electronic Communications Act no. 241-XVI from 15 November 2007 to impose on the providers of networks or public electronic communications services, designated with significant market power in certain markets, obligations for access to associated facilities.

(3) providers of public electronic communications networks shall be obliged to notify the Agency of launching projects on the construction (installation) networks or infrastructure elements associated with these networks.
(4) The Agency is empowered to resolve and / or mediate the terms set by this Law and the Law on Electronic Communications no. 241-XVI of 15 November 2007, disputes between suppliers of networks and / or services to public electronic communications and between network providers and / or services to public electronic communications and persons who own or control public property or private, including physical infrastructure, related to obtaining and exercising the right of access on properties and use shared physical infrastructure and / or the associated infrastructure of public electronic communications networks. The contested decision will be issued by the Agency within 30 calendar days from the date of referral. This period may be extended by one month, which is about to be announced parties to the dispute. The Agency's decision is binding on the parties involved in the dispute. Any decision issued by the Agency can be appealed to the competent court in accordance with the Law no. 793-XIV of 10 February 2000. The decision is enforceable document issued by the Agency in accordance with this Law and Enforcement Code of the Republic of Moldova no. 443 of 24 December 2004.
(5) The Agency will work with other relevant bodies, including sectoral regulators in order to ensure access to property and use shared physical infrastructure.

Chapter IIDREPTUL ACCESS PROPERTIES AND USE PHYSICAL INFRASTRUCTURE SHARED


Art. 4. - (1) The providers of public electronic communications networks have a right of access to public or private property and / or use shared physical infrastructure in terms of this law, the Electronic Communications Act no. 241-XVI of 15 November 2007 of the Civil Code of the Republic of Moldova no. 1107-XV of 6 June 2002 the construction (installation), maintenance, removal, replacement, transfer or retrofitting public electronic communications networks or infrastructure elements required to support them. Persons holding or administering public or private property, including physical infrastructure, have an obligation to negotiate in good faith agreements with these providers access to properties and / or use shared physical infrastructure that they own and manage them.
(2) Persons who provide exclusively for their own electronic communications network, in compliance with provisions of the Law on Electronic Communications no. 241-XVI of 15 November 2007, have right of access to public property and / or use shared physical infrastructure located on, over, under or under such properties under this law.
(3) The right of access on private property, including shared use of physical infrastructure and conditions to achieve access for persons providing electronic communications networks exclusively for their own negotiated by the parties under the law.
(4) The right of access on buildings public or private property is a right of use (use) of the work involved construction (installation), maintenance, removal, replacement, transfer or retrofitting public electronic communications networks or elements infrastructure needed to support them, which is exercised under this law, respecting the principle of least impairment to property and rights of its owner, being established through a contract with the owner, and extends throughout the life of the public networks of electronic communications .
(5) The providers of public electronic communications networks have the following rights:
a) to perform the necessary work of building (installation), maintenance, removal, replacement, transfer or retrofitting public electronic communications network and infrastructure associated with it;
B) to ensure normal operation of electronic communications networks and associated facilities, perform maintenance, repair and operations necessary;

C) of underground, surface or air for the construction (installation), maintenance, removal, replacement, transfer or retrofitting of public electronic communications networks or infrastructure elements required to accompany the agreement with the owner of copyright;
D) to obtain restriction or termination of activities in the area of ​​network protection that could endanger public electronic communications networks or infrastructure elements required to accompany or persons carrying out construction (installation), maintenance , disassembly, replacement, transfer or upgrading these networks;
E) access to public utilities.
Art. 5. - providers of public electronic communications networks have a right of access to public property, including shared use of physical infrastructure, under this law, if they are cumulatively the following conditions:
a) the exercise of this right does not contrary to the intended purpose of public or public interest in the property in question;
B) in the access properties is carried out in accordance with the requirements of town planning, landscaping, quality in construction or those concerning environmental protection, health, public order, national defense and security, provided by regulations areas;
C) consent holder of the property right holder or public administration, or lessee, or the lessee or the holder of a right to use another duly empowered by the owner of the property on public property for requesting the right access and / or use shared physical infrastructure to conclude a contract in which to lay down the conditions for exercising the right of access and / or use shared or if his refusal to be a prior decision by the Agency or a final and irrevocable decision to take the contract between the parties.
Art. 6 - (1) The providers of public electronic communications networks have the right to access private properties, including shared use of physical infrastructure, under this law, if the following conditions are met:
a) performing works access properties affect or affects to a significant extent to or right to use the property in question, following the damage caused to property being recovered from the supplier's account;
B) the use or right to use the property in question is not permanently affected by a restriction by performing additional work on the property access if another provider of public electronic communications networks has already access works on these properties;
C) work is performed access on properties in accordance with the requirements of town planning, landscaping, construction or the quality of environmental, health or public order, provided by the regulations in these areas;
D) consent holder of the right to private property, the owner of the administration, the concessionaire of the lessee or the holder of a right to use another duly empowered by the holder of ownership of private property for right of access is requested and / or use shared physical infrastructure to conclude a contract to lay down the conditions for exercising the right of access and / or use shared or if his refusal to be a prior decision of the Agency or a court judgment final and irrevocable contract which takes place between the parties.
(2) Para. (1) applies to the right to access (for shared use of physical infrastructure) on common properties, including those of condominiums.
Art. 7. - (1) The conditions of access to public property, including shared use of physical infrastructure, will be made public and will be accessible for all interested persons.
(2) the conditions under par. (1) shall respect the principles of transparency, proportionality, objectivity and be non-discriminatory for all providers of public electronic communications networks.

(3) public or local authorities, other public institutions and any other entity which exercises management over public property or buildings of administrative-territorial units, including state and municipal enterprises who administers ( management) objectives of technical infrastructure, have the obligation to publish on the official website, when it exists, and display in a prominent position at its office information on the conditions in which the right of access to this property and / or use shared physical infrastructure, including the documents that the applicant shall submit for confirmation of these conditions, in compliance with art. 5. The information will be made public within 30 calendar days of receipt of the first application for exercising the right of access to some public ownership and / or use shared physical infrastructure.
(4) If the authorities or entities mentioned in par. (3) intends to amend and / or supplement the conditions for access to property and / or use shared physical infrastructure established under this article, they are required to notify new conditions by means provided in par. (3) at least 30 calendar days before the date of their implementation. Amend and / or supplement the conditions for access to property and / or use shared physical infrastructure can be made more than once within 12 successive months.
(5) The information provided in par. (3) shall include:
a) the entity which exercises management, how it can be contacted in order to access the application properties;
B) characteristics of property or physical infrastructure which is the subject of the right of access or use shared areas where access can be done right;
C) the maximum tariffs for access on the property and / or use shared physical infrastructure (where are applicable) and the conditions under which they apply and the principles on which they were set in depending on the elements of electronic communications networks and associated infrastructure elements covered works;
D) any technical limitations on the right of access or shared use, resulting in features, destination or ownership of public interest;
E) the detailed procedure to be followed by the applicant the right of access or shared use, including conditions for the documents to be presented by him.
Art. 8. - (1) public or local authorities, other public institutions and any other entity that exercises a management right over the buildings of public property or the administrative-territorial units, including state-owned enterprises or municipal administrate (management) objectives of technical infrastructure, the Agency must submit the conditions to the properties and / or use shared physical infrastructure established under art. 7, and any amendments and / or additions to these conditions, also a copy of the material published on the website comprising these conditions, within 3 working days from the date of publication.
(2) Based on information submitted in accordance with paragraph. (1) the Agency will create, update and make publicly available on its official website, a database that will include conditions for access to the public property of the state or territorial administrative units, including conditions for shared use physical infrastructure, and the entities responsible for granting access and / or use shared.

Art. 9. - (1) public or local authorities, other public institutions and any other entity that exercises a management right over the buildings of public property or the administrative-territorial units, including state-owned enterprises or municipal administrate (management) targets technical infrastructure and owners of property management policy, including those of condominiums, have the right to set tariffs for access on the respective properties or use shared physical infrastructure in relation to elements of communication networks electronic or associated infrastructure elements covered work. The maximum charges for the right of access on properties and / or use shared physical infrastructure must be non-discriminatory, reasonable and shall be established according to the following criteria:
a) to cover direct and certain damages caused by the execution of works;
B) be proportionate to the damage of the property;
C) to consider, when appropriate, the value added to the property by installing electronic communications networks or elements of infrastructure required to support them.
(2) The maximum charges for the right to access public properties and / or use shared physical infrastructure referred to in para. (1) shall be determined based on a calculation methodology developed by the Agency, subject to public consultation and approved by the Government.
(3) public or local authorities and any other public or entities, owners of common property management, including those condominiums do not have the right to set taxes, tariffs, lease of premises internal and external or additional payments to those resulting from contracts entered into by the parties under this law for the use of public property or the common property, including that of condominiums by network providers of public electronic communications for the construction or installation these networks or for other activities related to the exercise of the right of access on properties or use shared physical infrastructure, regulated by this law.
(4) The fee for the right of access on properties and / or use shared physical infrastructure for the construction (installation), maintenance, removal, replacement, transfer or retrofitting public electronic communications networks or infrastructure elements required to support these will take the form of a single payment, determined in accordance with paragraph. (1) and (2) of this Article and paid at the conclusion of the contract in accordance with art.
14. (5) The exercise of the right of use on buildings public or private property, or under common ownership, including those of condominiums by providers of public electronic communications network for maintenance, removal, replacement, transfer cables, equipment and other infrastructure associated with such networks installed inside these properties is performed free of charge.
(6) network providers of public electronic communications networks installed on pillars, pillars or other infrastructure in public ownership, including roads, due to fares person who owns or controls infrastructure assets in contractual conditions it established in accordance with this law.
(7) network providers of public electronic communications networks installed elements of physical infrastructure, which rates due to the sharing of these elements, not owe fees for access to such items.
(8) If the concession of public property data, leased or put into administration or in use, the conditions for exercising the right of access to or use shared physical infrastructure, including maximum rates will be determined and published in accordance with art. 7 and 8 and of this Article by the owners of the management and owners of the concession, lease or use them will determine just when this possibility is expressly provided in the provisions which were granted concession of lease or use.

Art. 10. - (1) To obtain and right of access to public property and / or use shared physical infrastructure in public ownership, the applicant shall submit holder of ownership or management, or lessee, or the lessee or the holder of another right to use property or physical infrastructure element that an application accompanied by all documents confirming the conditions for access.
(2) The request for access will be through:
a) lodged by the authorized representative of the applicant signed;
B) registered letter with acknowledgment of receipt.
Data transmission application is deemed date of application signature by the responsible person of the owner of copyright or right of administration, or the lessee or the lessee or the holder of another right to use, confirming the application, or receipt of the registered letter, stated in the notice of receipt.
(3) The request for access will contain the following information:
a) identification and contact providers of public electronic communications intend to complete work on the property access and / or use shared infrastructure physical;
B) the ownership, or the physical infrastructure it is planned to realize the right of access or shared use;
C) the purpose of exercising right of access or shared use of property or physical infrastructure concerned;
D) the work to be performed;
E) the expected duration of the works.
(4) entity will take over request for settlement before when this is provided for in the provisions which had the right management, concession, lease or use or, where appropriate, transmit, accompanied by a reasoned proposal, holder of ownership or management, established by law or legal act.
(5) The owner of the property or administration right established by law or by judicial act or the concessionaire or lessee or the holder of another right to use when past are competent to address demand, analyze the conditions access provided for in art. 7 and reasoned solution will notify the applicant within 10 working days of receipt of the application and documents showing that the conditions for access to ownership or use shared physical infrastructure.
(6) request in to reply within the deadline provided in par. (5) shall be considered tacitly accepted. In this case he shall give notice by submitting signature or by registered letter with acknowledgment of receipt of the date of which is to start work access on public property, date can not be determined until at least 10 working days from the time that the notification. From that date is due and tariffs for access to the properties or sharing of physical infrastructure, whether they are applicable.
(7) Para. (6) of this Article shall not apply if the conditions were not published in exercising the right of access or shared use, where appropriate, according to Art.
7. (8) The request for access, submitted holder of ownership or management, or lessee, or the lessee or the holder of another right of use for obtaining and exercising the right of access to public property and / or shared use physical infrastructure, considering the principles of transparency, objectivity, proportionality and non-discrimination. If the application is incomplete, required to complete it within 10 working days of receiving the request, the period referred to in para. (5) thus extending the period within which the applicant will complete the request.
(9) The right to access and / or use shared physical infrastructure may be denied only in duly justified cases and objectives, which may be related including:
a) the inadequacy of technically property or physical infrastructure that has been requested access to host elements of electronic communications networks and associated facilities;
B) the availability of space to accommodate them;
C) the integrity and security of networks already in place;

D) the risk of interference between electronic communications services provided through electronic communications networks already installed on the same property or physical infrastructure.
Reasons which led the rejection of the application shall inform the applicant in writing.
(10) Refusal to grant right of access to property and / or use shared physical infrastructure or failure to settle the request for access and / or use shared within and publish the conditions of access and / or shared use can be appealed to the Agency subsequently parties to the dispute having the right to challenge the decision in court competent Agency.
Art. 11. - (1) In areas or on properties where there are certain restrictions on the execution of access on public property, determined as required by law, so that other elements of the public networks of electronic communications or other infrastructure required to support them not can be installed infrastructure elements already installed whether or not they are associated with an electronic communications network will be shared in accordance with art. 20-23.
(2) To the extent that the access conditions set out under Art. 7 are not met and the area or property that are installed other infrastructure associated holder of the property or administration, or the concessionaire or lessee or the holder of another right to use public property shall inform the applicant on the use shared items associated infrastructure already installed. He may refer the person who owns or controls these elements and, where appropriate, the Agency in accordance with Art.
20 and 21. (3) The owner of the property or administration, or the concessionaire or lessee or the holder of another right to use public property, if necessary, will require providers of public electronic communications inclusion Contract clauses that limit the right of access in certain areas or on certain properties so as not to hinder other projects of public utility.
(4) The terms established under par. (3) shall not affect the functionality of the infrastructure elements and associated electronic communications networks and be objective, non-discriminatory, proportionate and justified.
Art. 12. - (1) granting or maintaining exclusive rights or special rights for the construction (installation) of public electronic communications networks or infrastructure elements associated with these networks, on, above, or in or under public property to provide public networks or electronic communications infrastructure elements associated with these networks is prohibited.
(2) If the installation of physical infrastructure projects, realized with the participation and support of central or local public authorities or financed wholly or partially by public funds, providers of public electronic communications networks have access to this infrastructure in terms this law, respecting the principles of non-discrimination, proportionality and objectivity.
(3) technical and economic conditions in which the access to providers of public electronic communications to physical infrastructure in the case of par. (2) shall be established with the Agency.
(4) The granting of exclusive rights or special rights regarding the construction (installation) or supply networks and / or public electronic communications services or infrastructure elements associated with these networks or the implementation of physical infrastructure installation projects under par . (2) is prohibited and may be challenged by any interested person in the competent court.
Art. 13. - (1) In order to obtain a right of access and private property, including shared use of physical infrastructure, in terms of art. 6, the applicant shall submit holder of ownership or management, where appropriate, an application by:
a) lodged by the authorized representative of the applicant signed;
B) registered letter with acknowledgment of receipt.

Data transmission application is deemed date of application signature by the responsible person of the owner of the property or administration, confirming the application or receipt of the registered letter, stated in the notice of receipt.
(2) The application will necessarily contain the following elements:
a) identification and contact details of the applicant;
B) network elements and / or associated infrastructure, to be located on that property and / or physical infrastructure;
C) physical infrastructure and / or parts of the property to be used for the location of network elements and / or associated infrastructure;
D) the expected duration of the work;
E) the conditions under which the applicant will be made interventions on private property for maintenance and repair of network elements and associated infrastructure to be located.
(3) The holder shall, seized in accordance with paragraph. (1) will take over request for settlement when this possibility is provided for in the Acts under which he was granted the right to manage, or will send, accompanied by a reasoned proposal, the owner of copyright.
(4) The owner of the property or the owner of the administration, when the latter is competent to process the application, the applicant shall communicate its reasoned approval or disapproval for carrying out access and / or sharing of physical infrastructure and conditions access and / or use shared, within 10 working days from receipt of the request.
(5) The right to access or use shared physical infrastructure may be refused only in cases of duly justified objectives set out in art. 10 para. (9). The reasons which led rejection are communicated to the applicant in writing.
(6) Refusal to grant right of access to property and / or use shared physical infrastructure or failure to settle the request for access and / or use shared may be appealed to the Agency subsequently parties to the dispute having the right Agency to challenge the decision in court jurisdiction.
(7) conditions for access to private property, including shared use of privately owned physical infrastructure will be proportionate, objective and non-discriminatory for all providers of public electronic communications networks and will include: a
) maximum tariffs for access on the private or the shared use of physical infrastructure, the proposed direct negotiations between owners and network providers of public electronic communications requesting the right to access the conditions under which these rates apply, depending on the elements public electronic communications networks and infrastructure assets subject works;
B) any technical limitations on the right of access or use shared that result from the use of property;
C) detailed procedure which must be followed by the applicant the right of access or shared use, including conditions for the documents to be presented by him.
(8) When are the conditions in art. 6, owner of the property or administration can not preclude exercise of the right of access to the shared ownership or use of physical infrastructure than for objective and duly justified.
(9) If the owner of the property or administration requests payment for right of access rates on private properties and / or use shared physical infrastructure, their final amount to be determined by negotiation between the rightholder the owner of the property or administration, when the latter is competent to process the application, network and provider of public electronic communications requesting the right to access, compliance with the criteria laid down in art. 9 paragraph. (1). Rates set for right of access to private properties and / or use shared physical infrastructure may not exceed the maximum rates apply if a right of access to public property, calculated using the methodology set out in art. 9 paragraph. (2).

(10) In the case of buildings owned by the state or the administrative-territorial concession data, leased or brought into use, the provisions of this Article shall apply concessionaire, lessee or the holder of another right of use only when responsibility granted the right to access and / or use its shared responsibility as acts whereby he was granted the concession, lease or use.
Art. 14. - (1) Owners of access, established under art. 5 or art. 6, except as provided in Art. 10 para. (6) may exercise this right only after a contract with the owner of the property or administration right over the respective asset duly authorized or where public buildings with the owner of the administration, and in the case of art. 6 para. (2) the manager (administrator) building contract they are setting out the conditions for exercising this right.
(2) if a right of access to public property, the contract referred to in para. (1) may be signed with the concessionaire or lessee, or the holder of another right to use this clause only when it is expressly provided for in the provisions which were granted respectively.
(3) The conditions laid down in the contract according to para. (1) must be proportionate, objective and non-discriminatory for all providers of public electronic communications networks, including the tariff.
(4) If, after contract negotiations, a provider of public electronic communications networks and offering more favorable terms, including rate than those provided under the terms published in accordance with art. 7 or those set in contracts with other providers of public electronic communications networks, will be offered the same conditions all the other providers on non-discriminatory basis.
(5) The contract under this article shall at least:
a) areas or properties in / that allowed working methods to be used and the actual conditions, including the term in access right holder may carry out works of construction (installation), maintenance, disassembly, replacement, transfer or refurbishment of public electronic communications networks or elements associated infrastructure, including intervention or repair works with urgency;
B) provided that the owner or manager may execute works that would affect access to public electronic communications networks or infrastructure elements required to accompany the good times could affect their maintenance and operation or which would require transferring them;
C) how and information between the parties regarding the realization of works from private property or public property for exercising the right of access;
D) the tariff payable for the right of access, if that rate is applicable.
(6) The clauses included in contracts under this article prohibiting the sharing of
associated infrastructure or providing exclusive rights or special rights for the installation or provision of public electronic communications networks shall be null and void.
(7) The contract under this article on which base the right of access is enforceable against any holder of a real right over such real estate, any other title holder and dobînditorilor building. The provisions of this paragraph shall be applied to the right of access under Article exercised. 10 para. (6).
(8) Within 15 days of concluding the contract on access to public property, or the concession holder of the administration, or the lessee or the holder of another right to use shall:
a) to publish this contract on its official website, if any;
B) to submit this contract, copies of the Agency, the Agency having the obligation to make this copy of the contract available to any interested person upon request.
(9) Contract-type access on public or private property for the construction (installation), maintenance, removal, replacement, transfer or retrofitting public electronic communications networks or infrastructure elements required to accompany published by the Agency on its official website.

Art. 15. - (1) Where the contract provided for in art. 14 is not concluded within 30 working days of receipt of the request for access to documents showing that the conditions of access or refusal to grant right of access times of unsettled within the application access according to Art. 10 or art. 13, the applicant shall ask the Agency to resolve the dispute prior.
(2) If the application is successful, the Agency shall issue as soon as possible and in any case, within 30 calendar days of receipt of complete application, except in exceptional circumstances, a decision that is mandatory for litigants and substitutes the contract between the parties.
(3) Agency's decision, issued under par. (2) of this Article may be appealed to the competent court in accordance with the Law no. 793-XIV of 10 February 2000.
(4) If the right of access is exercised over an immovable public property in accordance with the Agency's decision or final and irrevocable decision of the court:
a) the holder the administration right or concessionaire or lessee or the holder of another right of use shall, within 15 working days from the date of issue of the Agency's decision or the date on which it became final and irrevocable court decision, to publish on its official website, if available, or to make it public in other ways;
B) providers of public electronic communications networks have the right to access public property are obliged to transmit copies of the judgment Agency, and the Agency has an obligation to make available to any interested person upon request.
(5) The Agency's decision or judgment is final and properly applied and under Art. 14 para. (7).
Art. 16. - (1) Persons empowered by the providers of public electronic communications networks to carry out, access to property or to conduct study or design to carry out these works have right of access only to the extent that this right is necessary to fulfill their duties, on the basis of a written mandate from the suppliers concerned.
(2) The right referred to in para. (1) may be exercised only after giving at least 2 working days before the works, written notice right holder or administration or concessionaire or lessee or the holder of another right of use over such real estate, except where you need to make repairs with urgency to fulfill obligations to remove faults in the network during set of quality indicators established by the agency.
(3) The owner of the property or administration, or the concessionaire or lessee or the holder of another right of use is not entitled to refuse access to persons under par. (1) of this article if it is done under the conditions established by a contract concluded pursuant to art. 14 or by decision of the Agency or by final and irrevocable court decision issued in accordance with art. 15, or under exercised the right of access under art. 10 para. (6).
(4) Where it is necessary to carry out maintenance or repair with urgency to prevent or eliminate the consequences of a natural disaster or maintenance or repair needed to ensure continuity of supply networks and public services electronic communications, persons empowered par. (1) of this Article shall have a right of access based on a notification communicated to the holder of the property or administration, or lessee, or the lessee or the holder of another right of use over the respective asset. The arrangements for transmission of the notification shall be determined in the contract according to art. 14 or by decision of the Agency or by the final and binding judgment issued pursuant to art. 15.

Art. 17. - (1) The right of access established under art. 10 para. (6) art. 14 or Art. 15 does not affect the right of ownership or other real rights over such real estate or on shared physical infrastructure or on networks or public electronic communications infrastructure elements associated with these networks.
(2) exercise of the right established under Art. 10 para. (6) art. 14 or Art. 15 shall cause the respective asset destination and how much less will affect its use by the owner of the service.
(3) The provider of public electronic communications networks has the obligation to return the property to its original state affected by completion of the access properties or by agreement, can compensate the holder of ownership or management, or lessee, or lessee or holder of a right to use other costs necessary to bring the property to its original state affected.
Art. 18. - (1) The holder of the right of access established under art. 10 para. (6) of art. 14 or Art. 15 entitled to require the holder of ownership or management, or lessee, or the lessee or the holder of another right to use, where there is an alternative, cutting trees and / or shrubs and branches times or roots that render it more difficult to access properties Working with the legal provisions on environmental protection. These operations will be performed at his own expense and to award compensation in accordance with the regulations in force.
(2) If within 15 days of receiving the request the owner of the property or administration, or the concessionaire or lessee or the holder of another right of use does not carry out the operations referred to in para. (1), a provider of public electronic communications networks has the right to carry out these operations by giving notice at least 2 working days before work.
(3) The operations provided in par. (1) shall be conducted in a manner affecting as little appearance of property and the environment.
Art. 19. - (1) The holder of the right of access established under art. 14 or art. 15 has an obligation to dismantle and transfer elements of electronic communications networks or infrastructure elements necessary to sustain them into the same property, at its own expense when such removal and transfer required for the construction of buildings or for execution of works by the owner or administration by the rightholder or grantee or lessee or the holder of another right of use under the contract concluded according to art. 14 or by decision of the Agency or by the final and binding judgment issued pursuant to art.
15. (2) When removing or transferring elements of electronic communications networks or elements of infrastructure required to support them is required to perform some works by persons other than the owner or holder of the administration or concessionaire or lessee or holder another right of use, these costs will be incurred if the contract between the parties under art. 14 or by decision of the Agency or by the final and binding judgment issued pursuant to art. 15 otherwise agreed.

Chapter IIIUTILIZAREA SHARED INFRASTRUCTURE NETWORK ASSOCIATES PUBLIC ELECTRONIC COMMUNICATIONS


Art. 20. - (1) The providers of public electronic communications networks shall be entitled in accordance with this law, to negotiate and conclude contracts for access and use shared infrastructure elements associated with these networks with legal or natural persons who own or control those elements of infrastructure.
(2) Contract of access and shared use of elements associated infrastructure will be completed in writing.
(3) If no agreement is reached within 30 working days of receipt of an application or negotiation firm for refusal to negotiate, either party may apply to the Agency.

Art. 21. - (1) In the case under Art. 20 para. (3) Agency, after an appropriate period of public consultation and respect the proportionality principle will require a network provider of public electronic communications which owns or controls infrastructure elements associated obligation to allow another provider of public communications networks electronic use shared these elements for the construction (installation), maintenance, removal, replacement, transfer or retrofitting public electronic communications networks and provision of electronic communications services to end users if the following conditions are met:
a) the sharing of infrastructure associated is possible technically and economically feasible;
B) the sharing of the associated infrastructure is necessary for environmental protection, hygiene and public health or public order or to fulfill specific requirements of urbanism or landscaping;
C) the sharing of associated infrastructure does not affect the technically public electronic communications networks, including the security and integrity, and do not use more costly essential infrastructure assets or business person who owns or controls these elements;
D) the sharing of associated infrastructure does not require executing major supplementary installation, construction or development from the provider that owns or controls infrastructure assets in question;
E) capacity is available to meet the demand for shared use of associated infrastructure; in determining the available capacity will take into account capacity occupied and reserved capacity through the development plans of the person who owns or controls infrastructure elements for a period not exceeding 24 months.
(2) When assessing the proportionality of the obligation imposed under paragraph. (1) of this Article, the Agency must consider the factors mentioned in art. 47 para. (3) of the Electronic Communications Act no. 241-XVI from 15 November 2007.
(3) When imposing the obligation to use shared associated infrastructure Agency sets the conditions under which the shared use of infrastructure including criteria for allocating the costs of infrastructure sharing associated.
(4) physical infrastructure owner or manager of an existing building or interior newly built and provider of public electronic communications network that already has this infrastructure in an internal network are obliged to grant access to other network providers electronic communications, at their request, access and shared use of the facility under conditions equivalent and non-respect the proportionality principle in the provision of electronic communication services to end-users.
(5) If granted the right of access to sanitation for carrying out construction works (installation), maintenance, disassembly, replacement, transfer or refurbishment of public electronic communications networks, including maintenance or repair of urgency for prevent or eliminate the consequences of a natural calamity or for maintenance or repair needed to ensure continuity of supply networks and electronic communications services, to representatives provider's customer or third party authorized by it will be done after prior notification transmitted supplier owner sanitation, and performing these works will be done only in the presence and under the supervision of representatives. Related costs incurred by the provider owner sanitation will recover from the supplier's account beneficiary, in accordance with the contract on access and shared use of associated infrastructure, but which will not exceed maximum charges applied if a right of access to public property, calculated according to the methodology referred to in art. 9 paragraph. (2).

Art. 22. - (1) Where the duplication of infrastructure elements is economically inefficient or physically impossible Agency after a period of public consultation will impose a provider of public electronic communications networks obliged to allow other providers public electronic communications network using the shared routes systematized and / or wiring installed in buildings or up to the first point of concentration or distribution network outside the building, considering the technology used.
(2) economic inefficiency is understood can not be recovered within a reasonable investment if duplication of infrastructure elements of an internal network access by an authorized intending to provide electronic communications services requested by the users of buildings other vendor has already built such a network.
(3) Where there is an obligation under par. (1) The Agency shall determine the conditions under which the shared use of infrastructure including sharing criteria (bearing) of costs related to the sharing of infrastructure, taking into account the risks to the initial investment.
(4) The measures taken by the Agency under this Article shall be objective, transparent, non-discriminatory and proportionate.
Art. 23. - mandatory for shared use of infrastructure and associated conditions under which it is performed, according to art. 21 and art. 22 is established by an act approved by the Regulatory Board of the Agency's decision with respect to public consultation procedure.
Art. 24. - (1) The Agency may require providers of public electronic communications and persons who control or own infrastructure elements associated with these networks all the information needed to apply Art. 21-23 also for issuing the opinion provided for in Art. 12 para. (3).
(2) In order to ensure the application of the provisions of art. 21-23 The agency has the task of creating a detailed digital inventory of public electronic communications networks and associated infrastructure elements. All network providers of public electronic communications are required to submit to the Agency and to update annually until July 1 of each year, full information regarding the nature, availability and geographical location of public communications networks electronics devices and operating infrastructure elements associated with them. Digital detailed inventory involves creating a digital map of public electronic communications networks and associated infrastructure elements.
(3) The information provided in par. (2) are made available to the Agency within 12 months from the date of adoption of a decision of the Board of the Agency, which sets out the scope and format of information to be transmitted.
(4) The information provided in par. (1) will be required motivated in writing and / or electronically, while establishing the deadline until which they will be sent, and the amount and nature must be proportionate to the purpose for which it was requested.


Chapter IVAUTORIZAREA PUBLIC BUILDING OF ELECTRONIC COMMUNICATIONS NETWORK

Art. 25. - (1) In making urban plans and landscaping, engineering design and construction of buildings, repair, modernization, rehabilitation and expansion of roads or public utilities networks will take into account the need to build (installation ) public electronic communications networks.
(2) Authorizing construction (installation) of public electronic communications networks and associated infrastructure elements such networks is performed by the issuer of the urbanism certificate and building permit, as established by Law no. 163 of 9 July 2010 authorizing the execution of construction.

(3) public administration authorities issuing building permits or coordinating the execution of the works referred to in para. (1) some public or private property, within 10 working days from the filing of the authorization will publish notices on registration of such a request for issuing the building permit for such works, so as to be able achieving coordinated under this law, the works of construction (installation), maintenance, disassembly, replacement, transfer or refurbishment of public electronic communications networks or infrastructure elements required to support them.
(4) The notice shall be published on the official website of authority, will be displayed in conspicuous places at the headquarters of the Authority and will include information about the area where work will be performed in para. (1) and the estimated date for starting the works.
(5) If providers of public electronic communications networks do not opt ​​for the coordinated delivery of the works of access on properties simultaneously with the construction of buildings, repair, modernization, rehabilitation and expansion of roads or utilities networks public, according to this article, public authorities may establish restrictions for granting building permits (installation) of public networks of electronic communications in the area or those properties for a period of up to 24 months if the work specified in paragraph . (1), announced under this article, at least 6 months before.
(6) providers of public electronic communications networks shall have the right to build (install) in cities and towns across the main cable new networks only through underground mining, including underground watercourses or shared for these purposes any other underground infrastructure located in the public or private property, or using at maximum this purpose spaces in the existing sewers of providers of public electronic communications. This limitation does not apply to cable networks installed between buildings, residential or over streets and roads.
(7) Notwithstanding the provisions of paragraph. (6) installing new networks of cable lines by air method is permitted if the following conditions are cumulatively met:
a) lack the technical capability to install them through underground mining;
B) persons who hold or control the underground infrastructure that would allow installation of new networks of cable lines by underground mining refuse objectively and thoroughly justified to grant shared access or use thereof.
(8) In construction (deployment) public mobile electronic communications networks is permitted construction of new towers for base stations around an existing tower network to a provider authorized only where this tower does not have the necessary capacities in technically or shared use of it is not economically feasible.
Art. 26. - (1) During the construction projects to achieve the objectives for housing (excluding individual houses), unit education, finance and banking, office or hotel will provide systematic routes wired and technological spaces install equipment and other infrastructure to internal networks of broadband access.
(2) authorization of construction (installation) of public electronic communications networks and infrastructure assets associated with these networks, including the internal networks of broadband access, coordination of projects achieving routes and spaces systematized wired technology install equipment and other infrastructure to internal networks of broadband access will be made based on technical norms specific, approved by the Government or, where appropriate, based on normative documents in construction of central public administration specialist issued under the law and within their respective competencies and approved at the branch level.

(3) the specific technical rules in para. (2) shall comprise establish constructive characteristics, the minimum capacity must be ensured routes systematized wired appropriately for different categories of construction including technical parameters of cables, constructive parameters of elements of physical infrastructure inside of buildings (technological, niches, distribution boxes, tubes, pipes, etc.) able to accommodate internal network access, allowing the provision of broadband electronic communications, protection zones for certain elements of the public networks or electronic communications infrastructure elements needed their support and categories of approvals and agreements required for the authorization of construction (installation) of public electronic communications networks and associated infrastructure elements such networks.
Art. 27. - Work with the property access is only possible with the legal provisions relating to:
a) authorizing the execution of construction;
B) design and location of buildings and installations in roads, railways, bridges, overpasses, viaducts and tunnels;
C) design and location of buildings and facilities in the protection zone of airports and air navigation safety;
D) the conditions of the technical-urban;
E) construction quality;
F) state supervision of public health;
G) environmental protection;
H) safety;
I) protection of the monuments.
Art. 28. - (1) In the area of ​​roads can not be granted access to providers of public electronic communications on the properties:
a) after work access, tapering footprint required width of roads;
B) prevents access works of motor vehicles;
C) access works jeopardize road safety, including reducing visibility.
(2) In the area of ​​roads, underground public electronic communications networks will be installed in gutters, through sewers, in ducts or galleries specially designed cables and other underground infrastructure on any public or private owned .
Art. 29. - providers of public electronic communications networks carrying out construction works (installation), maintenance, disassembly, replacement, transfer or refurbishment of public electronic communications networks or infrastructure elements required to accompany or persons empowered to do so shall network routes to score as determined by the specific technical rules laid down in art. 26 para. (2).
Art. 30. - Installation of network elements on the walls of public electronic communications inside and outside of the buildings will be achieved through the use of systematic paths, according to Art. 26 para. (2).
Art. 31. - (1) protection zones elements of electronic communications networks or infrastructure elements necessary to support their specific requirements established through regulations in art. 26 para. (2) can not carry out work that could affect these items without prior coordination, in writing, provider of public electronic communications network that owns or controls these elements.
(2) The provider of public electronic communications networks may require that the work done in the protection zone are carried out in the presence of its representatives.
(3) The provider of public electronic communications networks shall provide persons performing work within the protection zone all the necessary information so as to avoid causing damages to the electronic communications network or infrastructure elements required to support it.
Chapter VRESPONSABILITĂŢI


Art. 32. - (1) Legal entities and individuals who violate this law are liable according to liability legislation in force.
(2) In compliance with the provisions of this law, empowered control personnel of the Agency or the State Construction Inspectorate, as appropriate, has the right under the law of their duties, to carry out checks and request any information or documents needed for control.
TRANSITIONAL AND FINAL Chapter VIDISPOZIŢII



Art. 33. - This law partially transposes Directive 2002/21 / EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), published in the Official Journal of the European Union L 108 of 24 April 2002 as amended by Directive 2009/140 / EC of the European Parliament and of the Council of 25 November 2009 (text with EEA relevance) was published in the Official Journal of the European Union L 337 of 18 December 2009, also Directive 2002 / 77 / EC of 16 September 2002 on competition in the markets for electronic communications networks and services (text with EEA relevance) was published in the Official Journal of the European Union L 249 of 17 September 2002.
Art. 34. - This law comes into force on its publication, except:
- art. 25 para. (6) and para. (7) which will be implemented after the Agency will carry out detailed inventory of public electronic communications networks and associated infrastructure elements provided in Art. 24 para. (2);
- Art. 30, which will implement the publication in the Official Gazette of the Republic of Moldova specificе technical rules laid down in art. 26 para. (2).
Art. 35. - specific technical rules laid down in art. 26 para. (2) will be developed under the powers conferred by law, by the Ministry of Regional Development and Construction and the Ministry of Transport and Roads Infrastructure and the Ministry of Information Technology and Communications, and will be proposed to the Government for approval within 6 months from the entry into force of this law.
Art. 36 - Agency:
- within three months, will develop standard contract for access to public or private property for the construction (installation), maintenance, removal, replacement, transfer or retrofitting of public electronic communications networks or the infrastructure elements required to support them and publish it on its official website;
- Within five months, develop and submit to the Government for approval methodology for calculating the maximum fees for the right of access to public property and / or use shared physical infrastructure.
Art. 37. - Within 6 months the Government:
- approve the methodology for calculating the maximum fees for the right of access to public property and / or use shared physical infrastructure;
- Will submit proposals to bring legislation in line with this law;
- Bring its normative acts in compliance with this law;
- Streamlining the authorization procedure will ensure the construction (installation) elements of public electronic communications networks and associated infrastructure elements such networks.
Art. 38. - (1) Owners of administration or licensees, or other tenants or holders of the right to use immovable property of public works were carried out in which access times where required to access the achievement of such works (including sharing of physical infrastructure) before the entry into force of this law are obliged to publish the conditions in which the right of access and / or use shared, as appropriate, within 60 calendar days from the date of entry into force of this law.
(2) If the requirement to publish the conditions in which the right of access under this law, and if establish access conditions, rates or obligations with respect to this law, any interested person may Agency address to compel holders of ownership or management, or concessionaires, tenants or owners or other right of use to establish and public access conditions, in compliance with this law.
(3) When installation of physical infrastructure projects, completed or in progress under Art. 12 para. (2) public authorities or local participating or supporting these projects or finance them are required to submit to the Agency technical and economic conditions in which the access to providers of public electronic communications on these infrastructures in order to apply art. 12 para. (3) within 30 calendar days from the date of entry into force of this law. Agency may require modification or amendment proposed conditions.

Art. 39. - (1) New construction for housing (excluding individual houses), unit education, finance and banking, office or hotel, for which building permits are issued after the entry into force of this law will be feature:
a) infrastructure to access internal networks, including wired systematized routes, allowing the provision of broadband electronic communications network termination points to the public electronic communications;
B) technology space (focal point) located within the building and accessible to providers of public electronic communications through which one can connect to internal networks that provide access to electronic communications services broadband .
(2) Para. (1) applies in the case of major renovation, reconstruction or capital repair of existing buildings (construction or civil engineering works including structural changes to the physical infrastructure interior).
(3) Conditions for the application of par. (1) and paragraph. (2) of this Article shall be determined by specific technical rules laid down in art. 26 para. (2).
(4) Provision of systematic paths wired and technological spaces for the installation of equipment and other infrastructure networks for broadband access to internal runs in compliance with specific technical standards laid down in art. 26 para. (2). In the absence of such facilities, commissioning of the objectives set out in para. (1) and (2) of this article is prohibited.
(5) urban planning documentation and spatial (urban plans) cities and towns in construction projects, rehabilitation or reconstruction of municipal and town streets, roads, national and / or building sections us after the entry into force of this law will provide for mandatory building an underground drains able to accommodate public electronic communications network.
(6) Provision of underground drains objectives set out in para. (5) runs in line with specific technical rules established for the construction of roads, streets and roadways. In the absence of such facilities, commissioning of the objectives is prohibited.
(7) The procedure for the release of the objectives set out in para. (1), (2) and (5) shall be made with the direct participation of control staff empowered the Agency.
Art. 40. - (1) At the request of providers of public electronic communications clauses in contracts for access to publicly owned property concluded before the entry into force of this law will be amended within 30 working days publication of conditions for exercising the right of access, according to art. 38 para. (1) in order to ensure compliance with this law.
(2) At the request of providers of public electronic communications initiative or holders of property rights clauses in contracts already concluded that determines access to providers of public electronic communications to physical infrastructure built projects set art. 12 para. (2) shall be amended to ensure compliance with technical and economic conditions determined in accordance with art. 38 para. (3).
Art.41. - Once the period referred to in Article 38. (1) is repealed any laws or administrative act that establishes the obligation for holders of the right of access to the public property of the state and administrative-territorial units and / or use shared physical infrastructure in public ownership to pay taxes, tariffs or taxes and any other similar rights payments or contributions for the right to access and / or use shared otherwise than under a contract for access to properties and / or use shared physical infrastructure, as appropriate, concluded under this law.