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The Amendment Regulations On General Authorization Regime And License Issuance For The Use Of Limited Resources For The Provision Of Network And Publicly Available Electronic Communications Services, Approved By Decision Rec

Original Language Title: pentru modificarea şi completarea Regulamentului privind regimul de autorizare generală şi eliberare a licenţelor de utilizare a resurselor limitate pentru furnizarea reţelelor şi serviciilor publice de comunicaţii electronice, aprobat prin Hotărârea Cons

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the amendment regulations on general authorization regime and license issuance for the use of limited resources for the provision of network and publicly available electronic communications services, approved by the decision of ANRCETI Administrative Board no. 57 of 21 December 2010



Published in Official Gazette: 13.05.2016 Nr. 128-133 art no: 832 REGISTERED: Ministry of Justice of the Republic of Moldova nr. 1113 of 6 may 2016 Minister _ _ _ Vladimir CAITHNESS under art. 9 para. (1) (a). a), b) and u), article 10 para. (1) (a). a) and (c)), art. 23 para. (13) and art. 26 para. (2) of the law on electronic communications No. 241-XVI dated November 15, 2007 (Official Gazette of the Republic of Moldova, 2008, no. 51-52, art. 155), with subsequent amendments and additions, the law regulating licensing through entrepreneurship No. 451-XV of July 30, 2001 (republished in the Official Gazette of the Republic of Moldova, 2005, no. 26-28, art. 95), as amended and supplemented, in accordance with item 14 and item 15 (a). (b)) of regulation national regulatory agency for electronic communications and information technology (ANRCETI), approved by Government decision No. 905 from July 28 2008 (Official Gazette of the Republic of Moldova, 2008, no. 143-146, 917) in the light of the rules on the protection of electronic communication networks and execution in the areas of protection and on the lines of electronic communications, approved by decision of the Government of the Republic of Moldova nr. 284 of 13 April, 2009 (Official Gazette of the Republic of Moldova, 2009, no. 83-85, art. 365), the report of the Committee of 194 electronic communications (EСС) of 17 April 2013 in the framework of the European Conference of postal and Telecommunications Administrations (CEPT), the Management Board SHALL ACT by: i. regulations on general authorization regime and license issuance for the use of limited resources for the provision of network and publicly available electronic communications services approved by the decision of ANRCETI Administrative Board no. 57 of 21 December 2010 (Official Gazette of the Republic of Moldova, 2011, no. 22-24, art. 127), registered at the Ministry of Justice of Republic Moldova with nr. 808 from January 31, 2011, with amendments and additions thereto, shall be amended and shall be completed as follows: 1. section 71 shall be supplemented with the following content: "71. The notification shall contain an undertaking on oath by the applicant accountability for compliance with the conditions of the general authorisation to supply networks and/or publicly available electronic communications services, and for the authenticity of documents ".
2. Point 17 shall be completed in the final with a new sentence reads: "in this case, the applicant may submit a new notification after removing the causes which have served as the basis for the rejection of the previous notification in compliance with the procedure laid down in this Regulation."
3. Section 28 shall be completed in the final with a new submenu is for 6) with the following content: "6) concerning the management of the publicly available electronic communications networks in the areas of protection: a) to be provided from their own driveways, paths, bridges and other structures necessary for the maintenance of electronic communications networks in accordance with the terms agreed upon with the land owners or other persons in whose land management who are not entitled to refuse them their necessary conditions for electronic communications networks;
b) to dig pits, trenches, earthworks for the repair of electronic communications networks, with their subsequent closure;
c) to separate trees in STRI case of damage to the electronic communications networks laid through massive forest paths in the surrounding places of such networks without coordination with environmental and forestry bodies ".
4. In paragraph 29:1) subparagraph (1)) is amended and shall read as follows: ' 1) regarding interconnection to negotiate at the request of another vendor authorized, under the conditions of this regulation and in accordance with the time limits and conditions imposed by the Agency, an agreement for interconnection with the applicant in question for the purpose of providing publicly available electronic communications services, including electronic communications services accessible to users via other public electronic communications networks interconnected network, with any of these providers ";
2) menu item 2) is completed in the final with 4 new letters e), f), g) and (h)) with the following content: "e) to provide publicly available electronic communications services only with the use of numbering resources from the National Numbering Plan of the Republic of Moldova (hereinafter referred to as the NNP), awarded by the Agency;
f) not to transmit/assign numbering resources in the NNP suppliers or users of Moldova abroad for permanent use outside the territory of the Republic of Moldova and/or do not allow the use of these resources outside the territory of the Republic of Moldova in any form (SIM, USIM, SS, M2M communications, DID-as a virtual numbers, etc.);
g) dispose of numbering resources in the NNP of Moldova, assigned to the Agency by license or that are transferred by the procedure of porting;
h) marketing/transmit/assign resources in Moldova numbering of any form (SIM, USIM, SS, M2M communications, DID-as a virtual numbers, etc.), belonging to the national numbering plans of other countries and/or do not allow the use of such resources within the territory of the Republic of Moldova ";
3) to the menu item 11): a. (a)) is amended and shall read as follows: ") to carry out the import of electronic communications equipment under contract for delivery, indicating binding essential requirements applicable, and of the Declaration of conformity issued by the manufacturer of the product certification body in the field of electronic communications, in accordance with the applicable technical regulations;";
b. finally completed a nine-letter g) with the following contents: ") to place on the market and/or to use only electronic communications equipment only if they comply with the essential requirements, accompanied by a declaration of conformity issued on their own responsibility by the manufacturer, his authorised representative or importer pursuant to the technical documentation of the manufacturer certifying that the product is , or on the basis of a certificate of conformity issued by the certification body of electronic communications accredited and recognized. Electronic communications equipment must be marked according to the applicable technical regulations; ";
4) shall be completed in the final with a new submenu is for 12) with the following content: "12) concerning the management of public electronic communications networks in the areas of protection: a) to execute the work track, add and repair of electronic communication networks via cable passing through massive forestry, farmland, orchards and sectors and in the places adjacent network routes in accordance with the rules on the protection of electronic communication networks and execution in the areas of protection and on the electronic communications lines approved by the decision of the Government of the Republic of Moldova nr. 284 of 13 April, 2009 (Official Gazette of the Republic of Moldova, 2009, no. 83-85, art. 365);
b) after performing repairs, to return farmland in good condition for use for agricultural purposes, to clear cutting places remains cut and recover the damage caused to the land owners or other persons in whose management of these lands, in accordance with the provisions of the land code of the Republic of Moldova. In case of damage, the damage shall pay compensation in accordance with the provisions of the civil code of the Republic of Moldova;
c) to coordinate, under the legislation in force, the manner of execution of works for the exploitation of electronic communications networks in places of intersection with roads and railways, pipelines, waterways, rivers, lakes, water tanks, channels, territories of industrial enterprises, the roads of access to private properties with airfields and transportation, industrial enterprises and other businesses concerned, local public administration authorities of the first level and with land owners or other persons in whose management of these lands. "
5. To be completed with the following paragraph 321:321 ". Request for statement/licence to use limited resources will contain an undertaking on oath by the applicant for the license has the responsibility for compliance with licence conditions and, where appropriate, specific conditions for license type for the use of limited resources for specific bands of channels/radio frequencies or, where appropriate, for particular classes of numbering resources for requesting license and for the authenticity of documents presented ".
6. Paragraph 33 is amended and shall read as follows:

"33. Declaration/application for a licence for the use of radio frequencies or channels is attached: 1) a copy of the decision or certificate of registration of the establishment or organization to which the times a copy of the identity card of a physical person, 2) as appropriate, the opinion concerning the assignment of radio frequency or channel, which includes the outcome of the selection, calculation and coordination channel or radio frequency required for use unless the channel or radio frequency is requested on the basis of the invitation for the submission of applications for the issue of licences for the use of radio frequencies or channels, launched by decision to limit the number of licenses for the use of radio frequencies or channels;
3) where appropriate, a copy of the license or authorization of broadcasting news issued by the competent authority;
4 processor) for purchase if the statement/application for licence and/or other documents are signed on behalf of the applicant-natural person of another person, and if the applicant legal person-of-someone other than the administrator (leader) of the undertaking;
5) business plan, which includes a description of the abstract of the network and/or service, quality and conditions of service, technical and financial capacity of the applicant to carry out the proposed project and to fulfill the conditions of the licence, in the event of issue by direct custody of licences for the use of radio frequencies or channels whose number is limited, or where appropriate information which would demonstrate the technical and financial capacity of the applicant to comply with the licensing conditions. "
7. Section 35 is amended and shall read as follows: ' 35. Request for statement/licence for the use of numbering resources is attached: 1) a copy of the decision or certificate of registration of the establishment or organization to which the times a copy of the identity card of the person;
2) where applicable, a report on the use of numbering resources assigned for the same category of services, and for geographical numbers, a report on the use of resources within the geographical area in question;
3) procure for the person if the statement/application for licence and/or other documents are signed on behalf of the applicant-natural person of another person, and if the applicant legal person-of-someone other than the administrator (leader) ".
8. Is completed by the following point: 351 "351. Request for statement/extension, CISR, suspension, revocation, and duplicate copies of the licence shall be attached only documents that require updating or contain data other than those submitted at the time of issue of the licence, and the Attorney for the person legally empowered, in the case in question ".
9. Section 37 is amended and shall read as follows: "37. Licenses for the use of limited resources, except as provided in paragraph 38 of this Regulation shall be issued through direct and free custody ".
10. Section 38 is amended and shall read as follows: "38. Licenses for the use of radio frequencies or channels, whose number is limited to legal persons shall be issued on a competitive basis, organized and conducted in accordance with objective, transparent, non-discriminatory and proportionate criteria, as determined by the Agency, or by direct entrustment, if the right offer is a successive evolution for the network already built and furnished in the manner authorized. These licences shall be issued for a fee, in accordance with the fees set by the Government, he transfers to the State budget. "
11. In paragraph 41, subparagraph (1)), the phrase "exceptional economic value" shall be replaced with the words "issued to holders of licenses for the use of radio frequencies or channels where their number is limited."
12. In paragraph 47:1) in the first paragraph, sub-paragraphs 1), 2), 3) 7) and 9) the word "application" shall be replaced with the words "the Declaration/application";
2) after subparagraph 5) shall be supplemented with a new submenu is for 51) with the following content: "51) license will be perfected within 3 working days from the date of adoption of the decision on issuing the licence, or for licences issued against taxes, within 3 working days with effect from the date of receipt of the document confirming payment of the fee for the issuance of the licence. The mention about the date of receipt of the document confirming the fee for issuing the license, is performed on the list of documents received from the applicant's licence ";
3) in menu item 7) after the phrase "inaccurate data found ' is supplemented by the words ' or inauthentic documents".
13. In paragraph 48:1) in the first paragraph and subparagraph (1)), the word "application" shall be replaced with the words "the Declaration/application";
2) in the menu item 3), the words "on a new form of license" shall be replaced with the words "are issued a new form".
14. In paragraph 49:1) menu item 2) is amended and shall read as follows: "2) when the grounds for keeping the licence holder is obliged, within 10 working days, to submit to the Agency, as provided by law, a declaration/application of reissuing a license along with the license that requires reissuing and documents confirming changes in question (or copies of these with the presentation of originals for verification) ";
2) menu item 5) is amended and shall read as follows: "5) the term of validity of the licence reperfectate may not exceed the period of validity indicated in the preceding licence";
3) menu item 7) is amended and shall read as follows: "7) at keeping the licence where the licence shall be issued for reperfectată a new form, the Agency shall take the decision about the recognition of your previous license nevalabilităţii, introducing respective changes in licensing register, not later than the working day following the adoption of the decision. During the period of examination of the application relating to the keeping of the licence holder can continue working on the basis of a certificate issued by the Agency. Decision concerning the keeping of the licence and, where appropriate, about the previous licence nevalabilității recognition, shall be adopted by the Agency and communicated to the applicant within 10 working days from the date of application for the licence and reissuing its annexes ';
4) in subparagraph 8), the word "becomes" shall be replaced with the phrase "is recognized as".
15. In paragraph 50:1) in subparagraph (1)), the words ", where appropriate, documents, confirmative or damaged licence" shall be replaced with the words "confirmation of publication in the Official Gazette of the Republic of Moldova concerning the loss of ad the licence or, where appropriate, with the annexation of the damaged licence";
2) in the menu item 2), prepoziția "with" shall be replaced with the "and" conjunction which occurred.
16. In paragraph 51:1) menu item 8) is amended and shall read as follows: "8) decision on the resumption of validity of the licence shall be taken by the Agency pursuant to the application of the holder of a licence for the circumstances referred to in subparagraph 2) or the judgment of the Court that issued the judgment of its suspension, within 3 working days of receipt of the request of the holder of the licence or a copy of the reminder or the judgment of the Court. It shall notify the holder of the license within 3 working days from the date of its adoption ";
2) in the menu item 10), the words "for the use of radio frequencies or channels" is excluded.
17. Throughout the text of the regulation, the word "withdrawal" shall be replaced with the words "cancel/withdraw" If the appropriate grammar.
18. In paragraph 52, subparagraph 2) is amended and shall read as follows: "2) where the revocation of license withdrawal/is initiated by the licensee, it shall submit to the Agency, a request to that effect. The decision on the revocation of the license by declaring withdrawal/nevalabilității which shall be adopted by the Agency, within ten working days from the date of the application in question".
19. in annex No. 2:1), the phrase "I bin registration certificate series ... .... Number ... ... ... ... Date of issue: "shall be replaced with the phrase" decision or a registration certificate dated ... ... ... .... File No.                           
Territorial Office........................... ";
2) section III, the words "registration certificate" shall be replaced with the phrase "decision or certificate of registration";
section IV, 3), after the phrase "and data veracity" is completed with the word "authenticity".
20. in annex No. 5, the words "registration certificate number in the Series. .. ..." shall be replaced with the phrase "decision or a registration certificate dated ... ... ... .... File No. .... ... Territorial Office...................... "
21. in annex No. 6:1) the word "temporarily" is excluded;

2 in point 3) the phrase "registration certificate Series Nr.       released to date "shall be replaced with the phrase" decision or a registration certificate dated ... ... ... ... File No.      Territorial Office........................... ";
3) in point 8: the words "registration certificate" shall be replaced with the phrase "decision or certificate of registration";
After the phrase "the veracity of the data and shall be completed with the phrase" "authenticity".
22. in annex No. 7:1), in point 3, the words "registration certificate Number Series issued at date" shall be replaced with the phrase "decision or a registration certificate dated ... ... ... ... File No.      Territorial Office........................... ";
2) in point 8: the words "registration certificate" shall be replaced with the phrase "decision or certificate of registration";
After the phrase "the veracity of the data and shall be completed with the phrase" "authenticity".
23. in annex No. 8, the phrase "the date and number of the registration certificate of license holder" shall be replaced with the phrase "decision or a registration certificate dated ... ... ... ... File No.      Territorial Office............................ "
2. This decision shall be published in the Official Gazette of the Republic of Moldova.