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Law No. 154 Of 28 September 2012 Concerning Electronic Communications Networks Infrastructure

Original Language Title:  LEGE nr. 154 din 28 septembrie 2012 privind regimul infrastructurii reţelelor de comunicaţii electronice

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LEGE no. 154 154 of 28 September 2012 on the electronic communications network infrastructure regime
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 680 680 of 1 October 2012



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The present law establishes the conditions under which access to public or private property is carried out in order to install, maintain, replace or move electronic communications networks or infrastructure elements necessary supporting them, how to use infrastructure elements, as well as some measures to build electronic communications networks. ((2) The provisions of this law do not apply to electronic communications networks and infrastructure elements owned or managed by public institutions or authorities within the national defence, public order and safety system national. + Article 2 (1) Within the meaning of the present law, the following terms and expressions have the following meanings: a) access to properties-access to, above, in or under buildings in public or private property, as the case may be, for the purpose of installation, maintenance, replacement and moving of electronic communications networks or infrastructure elements necessary to support them; b) infrastructure-constructions located on, above, in or under land, buildings or other structures on public or private property, which may be used for the installation of electronic communications networks, including channels, ducts, poles or pillars; c) exclusive right-the right granted to a single entity by any legislative, regulatory or administrative instrument, which reserves the right to provide electronic communications services or to carry out an activity in the field of electronic communications, in a specified geographical area; d) as a special right-the right granted to a limited number of entities by any legislative, regulatory or administrative instrument, within a specified geographical area, which: 1 1. designates or limits to two or more the number of entities authorized to provide an electronic communications service or to carry out an activity in the field of electronic communications, other than on the basis of criteria non-discriminatory, objective and proportionate; or 2. gives an entity, other than in accordance with these criteria, legal or regulatory advantages that substantially affect the ability of any other entity to provide the same service or perform the same activity in the same geographical area, under substantially equivalent conditions. (2) In the present law are also applicable the definitions provided in art. 4 4 para. (1) of Government Emergency Ordinance no. 111/2011 on electronic communications, approved with amendments and additions by Law no. 140/2012 . + Chapter II Right of access to properties + Article 3 (1) The providers of public electronic communications networks, authorized under the conditions of the legislation in the field of electronic communications, have the right of access to properties under the present law. ((2) Persons providing exclusively for their own needs electronic communications networks, in compliance with the conditions of the electronic communications legislation, shall have the right of access to the public property of the State or administrative-territorial units, under the conditions of this law. (3) The right of access to properties provided in par. (1) and (2) on real estate public or private property is a right of servitude, which is exercised under the law, in compliance with the principle of minimum touching on property. (4) The right of access to a private property and the conditions of access, by persons providing exclusively for their own needs electronic communications networks, shall be negotiated by the parties, under the law. (5) By exception to the provisions of art. 1 1 para. (2), access to properties for the realization of electronic communications networks for their own use by state authorities and institutions, including those in the field of defence, public order and national security, until the adoption of special regulations, are carried out under this law. + Article 4 Providers of electronic communications networks benefit from the right of access to properties on, above, in or under public property buildings, including on roads, bridges, tunnels, technical-edilitary galleries, passages and viaducts, pillars and pillars, forests and agricultural land, under the conditions of this law, if the following conditions are cumulatively met: a) the exercise of this right shall not be contrary to the use or public interest to which the buildings concerned are intended; b) the performance of the works in question is not such as to contravene the specific requirements of urbanism, the arrangement of the territory or the quality in constructions or those concerning the protection of the environment, health, defence, public order and safety national, which must comply with the activities carried out on, above, in or under the buildings in question. + Article 5 (1) Providers of public electronic communications networks shall enjoy the right of access to properties on, above, in or under private property, if the following conditions are cumulatively met: a) the right of use on the buildings in question would not be affected or would be affected to an insignificant extent by carrying out these works or, if another provider of electronic communications networks, authorized under the conditions of the legislation of the field of electronic communications, has already carried out access works on properties on, above, in or under the buildings in question, the right of use on buildings would not be permanently affected by an additional restriction by carrying out some new such works; b) the performance of access works on properties is not such as to contravene the specific requirements of urban planning, spatial planning or quality in construction or those on environmental protection, health or public order, on which must comply with their activities on, above, in or under the buildings in question; c) to have the agreement of the holder of the private property right on the affected property to enter into a contract, establishing the conditions for exercising the right of access on his private property or, in the case of refusal, to have a irrevocable court decision, to hold the contract between the parties. (2) Provisions of para. ((1) shall also apply in the case of the right of access to the premises of individual property in multi-dwelling buildings, including the fixing of the electronic communications networks or of the necessary infrastructure elements. supporting them on the walls or terraces of these buildings. + Article 6 (1) Autonomous regions and public institutions, including central or local public administration authorities, as well as any other entities exercising the right of administration on the public property of the state or of the units administrative-territorial have the obligation to publish, on their own website, when they exist, and by displaying in visible places, at the holder's premises, within 30 days from the date of receipt of the first request in order to exercise the right access to a certain immovable property, the conditions under which the right of access to this building and the documents that the applicant is to present in order to prove the fulfilment of these conditions, in compliance with the provisions of art. 4. (2) The publication provided in par. ((1) shall include at least: a) the entity exercising the right of administration, as well as the ways in which it can be contacted in order to submit applications for access to properties; b) the characteristics of the building on which the right of access is exercised and the areas where the right of access can be achieved; c) the maximum charges for the exercise of the right of access and the conditions under which they apply, and the criteria on which they were established, depending on the elements of the electronic communications networks and the elements of the infrastructure covered by the works; d) any technical limitations on the exercise of the right of access, resulting from the characteristics of use or public interest of the property; e) the detailed procedure to be carried out by the applicant for the right of access, including any conditions relating to the documents to be submitted by him (3) The maximum rates will be determined in compliance with the following principles a) be justified and proportionate to the impairment of the property; b) cover only direct and certain damage caused by carrying out the works, as well as by the existence and functioning of the infrastructure elements of the electronic communications networks covered by these works; c) consider, where appropriate, the added value of the property, by installing electronic communications networks or infrastructure elements necessary to support them. (4) In the case of buildings public property data in concession, rented or put into use free of charge, the conditions, including tariffs, in which the right of access is exercised will be established and published, in accordance with the provisions of par. ((1)-(3), by the holders of the right of administration, and by the holders of the right of concession, rental or use free of charge, only when this possibility is expressly provided for, by the acts granted to them the right of concession, rental or use free of charge. (5) The central or local public authorities, as well as any other entities may not establish taxes, fees, tariffs or other additional amounts compared to the amounts resulting from the contracts concluded under the terms of this law by the parties, for the occupation and the use of public property buildings by electronic communications network providers or in consideration of their conduct of other activities related to the exercise of the right of access on properties, regulated by the presence Law. (6) The conditions established for the exercise of the right of access under this Article shall respect the principles of transparency and objectivity and shall be non-discriminatory to all providers of electronic communications networks. (7) If the holder of the right of administration or, as the case may be, the holder of the right of concession, rental or use free of charge intends to modify or supplement the conditions established in accordance with the provisions of par. (1)-(3), it has the obligation to publish the draft amendment or completion at least 30 days before the date of adoption, by means provided in par. ((1). (8) Providers of electronic communications networks that install networks on poles, pillars or other infrastructure elements on public property, including on roads, owe tariffs only to the person holding or controlling the items the infrastructure, under the conditions laid down therein. + Article 7 (1) A copy of the publication containing the access conditions established in accordance with the provisions of art. 6, as well as any amendments or additions of these conditions will be sent to the National Authority for Administration and Regulation in Communications, hereinafter referred to as ANCOM, by entities that have the obligation to establish and publish these conditions. (2) Based on the information provided in par. (1), ANCOM will create, update and make available to the public, on its own website, a database that will include the conditions for access to public property of the state or administrative-territorial units, as well as the entity responsible for granting the right of access. + Article 8 (1) In order to exercise the right of access to public property, the applicant shall send a request to the holder of the right of administration, concession, rental or use free of charge, as the case may be, on the respective property, accompanied of all requested documents, showing the fulfilment of the access conditions. The notified entity will retain the request for resolution, when it is provided for this possibility through the documents granted to them the right of administration, concession, rental or use free of charge or, as the case may be, will transmit it, accompanied by a reasoned proposal, to the holder of the right of administration, established by law or by legal act. (. The request for access shall contain information on: a) the identification and contact details of the electronic communications network provider intending to carry out the access works on the properties; b) the area in which the right of access is intended to be made; c) the works to be carried out; d) the purpose of applying for the right of access e) the estimated duration of the works. (3) The holder of the right of administration, established by law or by legal act, as the case may be, or the holder of the right of concession, rental or use free of charge, as the case may be, when competent to settle the application, shall consider the fulfilment of the access conditions provided for in 6 and shall communicate to the applicant the reasoned solution, no later than 30 days after the date of receipt of the application and the documents certifying the fulfilment of the access conditions. (4) The first application submitted to the holder of the right of administration, concession, rental or use free of charge, as the case may be, in order to exercise access to properties, shall be considered within 30 days from the date of publication access conditions, in accordance with the provisions of art. 6 6 para. ((1)-(3), not exceeding 60 days from the date of transmission of the original application. The application will contain at least the elements provided in par. ((2). ((5) Applications submitted to the holder of the right of administration, concession, rental or free use in order to exercise the right of access to public property shall be considered on the basis of the principles of transparency, objectivity, proportionality and non-discrimination. In case of transmission of an incomplete application, it will be requested to complete it no later than 10 days after the receipt of the application, the deadline provided in ((3) or (4) extending accordingly with the time period during which the applicant will complete the application. (6) The granting of the right of access may be refused only in justified objective and duly justified cases. The reasons for rejecting the application shall be communicated to the applicant (7) The application to which the deadline referred to in par. ((3) or (4) shall be deemed tacitly approved. (8) In the case provided in par. (7), the applicant will send a notification, with acknowledgement of receipt, regarding the date from which the access works on public property are to begin, the date that may not be earlier than 10 days from the date of transmission of the notification. From this date the tariffs for the installation of infrastructure are also due. (9) The provisions of par. ((7) shall not apply if the conditions under which the right of access is exercised have not been published, in accordance with the provisions of art. 6. (10) The refusal to grant the right of access may be appealed by the applicant directly to the competent court, under the conditions of art. 14. + Article 9 (1) In areas where there are certain restrictions, established according to the provisions of some normative acts, regarding the execution of access works on public property, so that other elements of electronic communications networks or other infrastructure elements necessary to support them can no longer be installed, the infrastructure elements already installed, whether or not associated with an electronic communications network, will be used in a shared manner, in accordance with Art. 20-23. (2) In so far as the conditions established according to art. 6 are not fulfilled, and other infrastructure elements are installed in that area, the holder of the right of administration, concession, rental or use free of charge, as the case may be, will inform the applicant, in order to shared use of infrastructure elements. The applicant may address the person who owns or controls these elements and, if applicable, ANCOM, in accordance with the provisions of art. 20 20 and 21. (3) The holder of the right of administration, concession, rental or use free of charge, as the case may be, on public property buildings may require providers of electronic communications networks to include in contracts some clauses which limits the exercise of the right of access in certain areas, so as not to affect the realisation of other public utility projects. (4) The clauses established in accordance with the provisions of par. ((3) will not affect the functionality of infrastructure elements and electronic communications networks and will be objective, non-discriminatory, proportionate and justified. + Article 10 (1) It is forbidden to grant or maintain special or exclusive rights in respect of the installation or provision of electronic communications networks, including the installation of infrastructure elements associated with the networks of electronic communications. ((2) In the case of infrastructure installation projects carried out with the participation or support of central or local public or funded public administration authorities, totally or partially, from public funds, providers of electronic communications networks benefit from open access to this infrastructure for a period of at least 7 years, in compliance with the principles of non-discrimination, proportionality and objectivity. (3) The technical and economic conditions in which the access to the infrastructure of electronic communications networks providers is carried out in the case referred to in par. (2) shall be established with the opinion of ANCOM. (4) Establishment of special or exclusive rights regarding the installation or provision of electronic communications networks or the implementation of infrastructure installation projects, under the conditions of par. (2), in the absence of the opinion according to ANCOM provided in par. ((3), may be appealed by any person concerned to the competent administrative court. + Article 11 If the public institutions provided in art. 6 6 para. (1) exercise exclusive ownership or control over public electronic communications network providers or electronic communications services intended for the public, they are required to achieve a structural separation of activities associated with the exercise of property rights or control of activities associated with the granting of the right of access to property, in accordance with the provisions of this law + Article 12 (1) In order to exercise the right of access to private property, under the conditions of art. 5, the applicant will transmit to the holder of the ownership or administration, as the case may be, a request for the conclusion of a contract The request will be sent recommended, with acknowledgement of receipt. (2) The request will necessarily contain the following elements: a) the identification and contact details of the electronic communications network provider intending to carry out the access works on the properties; b) the network and infrastructure elements to be located on the respective property; c) the estimated duration of the works; d) the conditions under which the applicant's interventions will be carried out on private property, for the maintenance and repair of the network and infrastructure elements to be located. (3) When the conditions laid down in art. 5 5 para. ((1), the proprietor of the right of property or administration may not object to the exercise of the right of access except for duly justified reasons, even if there is a contrary convention. ((4) In the case of privately owned buildings of the state or administrative-territorial units given in concession or rented, the provisions of this Article shall apply to holders of the right of concession or rental only when the responsibility for granting the right of access lies with them, in accordance with the acts granting them the right of concession or tenancy, as the case may be. + Article 13 (1) Titulars of the right established under the conditions of 4 4 or 5, except as provided in art. 8 8 para. (8), may exercise their right of access only after the conclusion of a contract, in authentic form, with the holder of the right of property or administration on that property or, in the case of public property buildings, with the holder of the right of administration, as the case may be, by which the conditions for exercising this right are established, and in the case provided for in art. 5 5 para. (2), with the owners association. (2) In case of exercising the right of access to public or private property of the state or administrative-territorial units, the contract provided in par. ((1) may be concluded with the holders of the right of concession, rental or use free of charge, as the case may be, only where this possibility is expressly provided for by the acts granting them the right of concession, rental or use free of charge. (3) The conditions established by the contract concluded according to paragraph ((1) must be non-discriminatory to all providers of electronic communications networks. (4) If the negotiation in a contract is offered more favourable conditions to a provider of electronic communications networks, including in relation to the tariff, than those provided for under the conditions published in accordance with the provisions of art. 6 or provided for in contracts concluded with other providers of electronic communications networks, then these conditions will be offered to all other suppliers, on a non-discriminatory basis. (5) Within 15 days from the date of conclusion of the contract in order to exercise the right of access to public property, the holder of the right of administration, concession, rental or use free of charge, as the case may be, has the obligation to to publish this contract on its website. (6) The providers of electronic communications networks exercising the right of access to public property have the obligation to transmit a copy of these contracts to ANCOM, which has the obligation to make it available to any interested person. ((. The contract concluded under the terms of this Article shall provide at least: a) the areas in which access is allowed, the working methods to be used and the actual conditions, including the term, in which the holder of the right of access can carry out installation, maintenance, replacement or movement of networks of electronic communications or infrastructure elements, including emergency repair works; b) the conditions under which the owner or owner of the property may carry out works that would affect the access to electronic communications networks or the infrastructure elements necessary to support them or their good maintenance or that would require their move; c) the modalities and deadlines of information between the parties regarding the realization of works on the public or private property on which the right of access is exercised; d) the price or the rate due for the exercise of the right of access, representing the value of the use and compensation for damages caused by carrying out the works. ((8) The contract concluded under the terms of this Article, entered in the land register of the property on which the right of access is exercised, is opposable to any holder of a real right on that property, to the holder with any other title, as well as the real estate's. ((9) The clauses included in contracts prohibiting the shared use of infrastructure or provide for exclusive or special rights with regard to the installation or provision of electronic communications networks on a public property or property Private are null and void. (10) The standard private property access contract for the installation, maintenance, replacement or relocation of public electronic communications networks or infrastructure elements necessary for their support shall be published by ANCOM within 6 months from the date of entry into force of this Law. + Article 14 (1) If the contract provided for in art. 13 may not be concluded within two months from the date of receipt of the request for the conclusion of the private property access contract or the application for the exercise of the right of access on public property or in the case of refusal to grant the right of access, according to art. 8, either party may address the competent court. (. If the application is found to be founded, the court may pronounce a judgment which holds a place of contract between the parties. (3) The judgment of disputes shall be made urgently and in particular. (4) The court decision rendered by the court as a result of a request submitted under the provisions of par. ((1) may be appealed. ((5) If the right of access is exercised on a public property, within 15 days from the date of irrevocable stay of the judgment, the holder of the right of administration, concession, rental or free use, after case, on the property has the obligation to make it public on its website. (6) The providers of electronic communications networks exercising the right of access to public property have the obligation to transmit a copy of this decision to ANCOM, with its obligation to make it available to any interested person. (7) The court decision holding the contract between the parties, in accordance with the provisions of par. (2), the provisions of art. 13 13 para. ((8). + Article 15 (1) Persons empowered by providers of electronic communications networks to carry out access works on properties or to carry out study or design activities in order to carry out these works have the right of access only to the extent in which it is necessary for the performance of its duties, on the basis of a written power of attorney from the suppliers concerned, with the consent of the holder of the right of use or, in the absence of its agreement, with the consent of property, administration, concession or rental, as the case may be. (2) Exercise of the right provided in par. ((1) may be carried out only after the transmission of a notification at least two working days in advance to the holder of the right of use or, in the absence thereof, to the holder of the right of property, administration, concession or rental, where appropriate, on the property concerned, unless it is necessary to carry out emergency repair works. (3) The holder of the right of use and the holder of the right of property, administration, concession or rental, as the case may be, shall not be entitled to refuse access to the persons referred to in par. (1) if it is carried out under the conditions established by a contract concluded according to the provisions of art. 13 or by the court decision handed down under the conditions of 14. (4) In the absence of agreement, access may be authorized by judicial decision. In case of emergency, the court may order access by way of injunction. (5) Where it is necessary to carry out maintenance or repair works of an emergency nature for the prevention or removal of the consequences generated by the occurrence of a natural disaster or of a particularly serious sinister or maintenance or repair works imposed by ensuring the continuity of the provision of electronic communications networks and services, persons empowered according to the provisions of par. (1) have the right of access on the basis of a notification communicated to the holder of the right of use or, in the absence thereof, to the holder of the right of property, administration, concession or rental, as the case may be, on the respective property. The methods of transmission of the notification are established by the contract provided for in 13 or by the court decision provided for in art. 14. + Article 16 (1) Right established under the terms of art. 13 or 14 does not affect the existence of the right of ownership or other real rights to that property or the infrastructure used shared or the electronic communications networks or the necessary infrastructure elements supporting them. (2) Exercise of the right established under the conditions of 13 or 14 will not cause the change of destination of the property concerned and will affect as little as possible its use by the holder of the right of use. (3) The provider of electronic communications networks has the obligation to return to the original state the property affected by the realization of the access works on properties or, by agreement of the parties, may compensate the holder of the property right, of administration, concession or use, as the case may be, the expenses determined by bringing in the original state of the affected property. + Article 17 If certain works carried out in the exercise of the right of access to properties are affected by works of national interest or local interest of public utility will apply the expropriation procedure, under the conditions Law no. 33/1994 on expropriation for the cause of public utility, republished. + Article 18 (1) The holder of the right established under art. 13 or 14 may request the holder of the right of ownership, administration, concession, free use or rental, as the case may be, if there is no alternative solution, the cutting, in compliance with the legal provisions of the field of environmental protection, trees or shrubs, as well as branches or roots that make it difficult or would make it difficult to carry out access works on properties. These operations will be carried out at the expense of the applicant and with the granting of a compensation, under 13 13 para. ((7) lit. d). (2) If, within 45 days from the receipt of the request, the holder of the right of ownership, administration, concession, free use or rental, as the case may be, does not carry out the operations provided in par. ((1), the electronic communications network provider may carry out these operations, after sending a notification at least two working days in advance. (3) The operations provided in par. (1) will be carried out in a manner that affects as little as possible the external appearance of the property and the environment. + Article 19 (1) The holder of the right established under art. 13 or 14 has the obligation to reestablish the elements of electronic communications networks or the infrastructure elements necessary to support them, within the same property, at their own expense, when this retrenchment is necessary for the construction of buildings or for the performance of works by the owner, by the holder of the right of administration, of concession, of free use or rental, as the case may be, under the conditions agreed by the contract concluded according to Art. 13 or by the court decision handed down under the conditions of 14. (2) When the retrenchment of elements of electronic communications networks or infrastructure elements necessary for their support is necessary for the performance of works by persons other than the owner or, as the case may be, the holder of the right of administration, of concession, of free use or rental, the expenses will be borne by them, if by the contract provided for in art. 13 or by the court decision provided for in art. 14 has not been established otherwise. + Chapter III Shared use of infrastructure + Article 20 (1) Providers of electronic communications networks have the right to negotiate with persons who own or control infrastructure elements shared use of infrastructure. ((. If no agreement is reached within two months from the date of receipt of a firm request for negotiation or in the case of refusal of negotiation, either party may address ANCOM. + Article 21 (1) In the case provided for in art. 20 20 para. ((2) ANCOM, in compliance with the principle of proportionality, may impose on a person who owns or controls infrastructure elements the obligation to allow a provider of electronic communications networks to use these elements, including buildings or entrances to buildings, wiring from buildings, pillars, antennas, towers and other supporting constructions, canals, pipes, visiting rooms and cabinets, as well as passive network elements, in order to install, maintain, replace or moving electronic communications networks, where possible from the point of view Technically and economically feasible. (2) The obligation of shared use of the infrastructure provided in par. ((1) may be imposed when necessary for the protection of the environment, hygiene and public health or public order, or when necessary for the fulfilment of specific urban planning or spatial planning requirements. (3) If it requires a person who owns or controls elements of the infrastructure the obligation provided in par. ((1), ANCOM also lays down the conditions under which the shared use of the infrastructure is achieved, including the cost sharing criteria. + Article 22 (1) In duly justified cases, in view of the coverage of infrastructure elements and the availability of similar elements in certain areas, ANCOM may require a person who owns or controls infrastructure elements to negotiate the shared use of infrastructure as well as to bring to the attention of any applicant the conditions under which it can be achieved. (2) Where duplication of infrastructure elements is economically inefficient or physically impossible, ANCOM may require an electronic communications network provider or the infrastructure owner to permit other providers of electronic communications networks to use in a shared way the wiring installed in buildings or up to the first point of concentration or distribution of the network outside the building. (3) If it imposes the obligation provided in par. ((2), ANCOM also lays down the conditions under which the shared use of the infrastructure is carried out, including the cost-sharing criteria, taking into account the risk involved in carrying out the initial investment. + Article 23 Imposing the obligation and the conditions under which the shared use of infrastructure is carried out, under the conditions of art. 21 21 and 22, is established by decision of the President of ANCOM, in compliance with the public consultation procedure provided for in art. 135 of Government Emergency Ordinance no. 111/2011 , approved with amendments and additions by Law no. 140/2012 . + Chapter IV Provisions concerning the authorisation of the construction of electronic communications networks + Article 24 (1) When carrying out the spatial planning plans, the construction, repair, modernization, rehabilitation or extension of roads or public utility networks will be considered the need to install communication networks. electronics. (2) In the case of carrying out the works provided in (1) on public or private property, public administration authorities issuing building permits or coordinating the implementation of these works will publish notices on the registration of a request for release of the building permit for the works provided in par. ((1) or regarding the realization of other categories of works, within 10 days from the date of registration of the application or from the date on which the local public administration authorities know the realization of these works, so that there is the possibility coordinated implementation of works of installation, maintenance, replacement or move of electronic communications networks or infrastructure elements necessary to support them, under the conditions of this law. (3) The announcement will be published on the website of the public administration authority, will be displayed, in visible places, at the headquarters of the authority and will include information on the area in which the works provided in par. (1), as well as the estimated date of the start of work (4) If providers of public communications networks do not opt for the coordinated realization of access works on properties at the same time as construction, repair, modernization, rehabilitation or extension of roads or networks of public utilities, according to the provisions of this Article, public administration authorities may establish restrictive conditions for the granting of building permits in that area, for a period of no more than 2 years, in the case of works provided in par. ((1) announced under the terms of this Article at least 6 months in advance. + Article 25 (1) In the framework of projects for the authorization and realization of construction works, systematized routes for the installation of electronic communications networks will be provided. ((2) Authorization of infrastructure works of public electronic communications networks, including the issuance of the coordinating opinion for such works, namely the design and realization of the systematized routes of the communication networks electronics will be done on the basis of specific technical rules. (3) When developing the technical norms provided in par. (2) The proposals of the legally constituted professional associations of providers of electronic communications networks, as well as of other legally constituted associations and of the public authorities concerned, will be considered. (4) The technical rules provided in par. (2) will include and establish the constructive characteristics, the minimum capacity required to be provided by the routes corresponding to the different categories of construction works, the protection zones for certain elements of the communication networks electronic or elements of the infrastructure necessary to support them, the procedure for issuing the technical opinion certifying compliance with these rules, a necessary opinion in order to issue the building permit, and the categories of opinions and agreements requested for the authorisation of network infrastructure works Public electronic communications. (5) Adoption of the technical norms provided in par. (2) will be carried out only after the publication of their project for public consultation, at least on the websites of the public authorities, for a period of at least 30 days. ((6) Any interested person may submit proposals and comments on the draft technical rules submitted to the consultation within the time limit referred to in paragraph 1. ((5). The comments and proposals received will be considered for the completion of this project. + Article 26 (1) The access works on properties can be carried out only in compliance with the legal provisions regarding: a) location, design, authorization of execution, execution, use and postuse of constructions; b) design and location of constructions and facilities in the area of roads and in the area of railway infrastructure, on bridges, passages, viaducts and road tunnels, as well as in areas of airport protection and navigation protection; c) the conditions for the location of the technical-urban works and the pillars for installations in the road area and in the area of the railway infrastructure; d) quality in construction; e) protection of hygiene and public health; f) environmental protection; g) labor protection; h) protection of historical monuments. (2) In so far as in certain areas a protection regime has been established by plans for the arrangement of the territory and by urban planning documentation in respect of the realization of access works on properties, as well as in the case of areas subject to a special regime, according to the legal provisions, the exercise of the right of access can only be achieved after obtaining the consent of the ((3) Obtaining the necessary opinions or authorizations incumba the person requesting the exercise of the right of access or the shared use of the infrastructure, as the case may be + Article 27 (1) In the area of roads no access works can be carried out on properties that: a) narrow the road plug, after carrying out the works; b) hinder the movement of vehicles; c) jeopardise traffic safety, including by reducing visibility. (2) The underground electronic communications networks will be installed in gullies, through specially arranged cable channels or through cable galleries. + Article 28 Persons carrying out installation, moving or expanding works of electronic communications networks have the obligation to mark the routes of the networks, under the conditions established by the technical norms provided for in art. 25 25 para. ((2). + Article 29 (1) The installation of network elements on the interior and exterior walls of the buildings will be carried out by the use of systematized routes, according to the technical norms provided in art. 25 25 para. ((2). (2) The costs occasioned by the systematization of the network elements will be borne jointly by the providers of electronic communications networks that install these elements, according to the technical norms provided in art. 25 25 para. ((2). ((3) Within 18 months from the date of entry into force of the technical norms provided for in art. 25 25 para. (2), providers of electronic communications networks will carry out the necessary works in order to comply with the provisions of para. ((1). + Article 30 (1) New constructions with housing destination or with educational, financial-banking function, office or hotel destination, for which the building permit is issued after January 1, 2013, will be provided with the infrastructure of access enabling the provision of broadband electronic communications services. (2) Conditions of application of the provisions of par. (1) shall be established by the technical rules provided in art. 25 25 para. ((2). + Article 31 (1) In the areas of protection of the elements of electronic communications networks or of the infrastructure elements necessary to support them, established by the technical norms provided in art. 25 25 para. ((2), no works may be carried out that could affect these elements without the prior written permission of the electronic communications network provider. (2) The electronic communications network provider may request that the work carried out in the area of protection of the network be carried out in the presence of its representatives. (3) The provider of electronic communications networks shall make available to persons who carry out works in the protection zone all necessary information, so as to avoid the production of damage to the electronic communications network. + Chapter V Sanctioning regime + Article 32 Violation of the provisions of this law attracts civil, disciplinary, contravention or criminal liability, as appropriate. + Article 33 (1) It constitutes contraventions and is sanctioned with a fine of 1,000 lei per 100,000 lei the following facts: a) non-compliance with 7 7 para. ((1); b) non-compliance with 13 13 para. ((5) and (6) or art. 14 14 para. ((5) and (6); c) non-compliance with 16 16 para. ((3); d) non-compliance with the technical norms provided 25 25 para. ((2); e) non-compliance with 27 27; f) non-compliance with 28 28; g) non-compliance with 29 29 para. ((1) and (3); h) non-compliance with 30 30 para. ((1); i) non-compliance with 31 31 para. ((1). (2) Failure to comply with the obligations or conditions imposed by ANCOM under the provisions of art. 21 and 22 constitute contravention, which is sanctioned as follows: a) with a fine of 5,000 lei per 100,000 lei; b) by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of up to 2% of the turnover, and in the case of repeated violations, with a fine of up to 5% of the turnover for companies with a turnover of over 5,000,000 lei. (3) Contraventions provided in par. ((1) lit. a) and b) and para. (2) shall be found by the specialized control personnel empowered for this purpose of ANCOM and shall be sanctioned, by decision, by the President of ANCOM. (4) Contraventions provided in par. ((1) lit. c)-i) is found and sanctioned by the control personnel of the State Inspectorate in Construction. (5) Fines provided as sanctions for committing the contraventions provided in par. ((1) and (2) may be applied to both legal persons and individuals. + Article 34 The provisions on contraventions provided in art. 33 33 para. ((1) and (2) shall be supplemented by the provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 35 ((1) ANCOM has the right to require providers of electronic communications networks and persons who control or hold infrastructure elements all the information necessary for the application of art. 21 21 and 22, as well as the issuance of the opinion according to art. 10 10 para. ((3). (2) In order to ensure the application of art. 21 21 and 22, as well as to carry out an inventory of public electronic communications networks and infrastructure elements associated with them, all providers of public electronic communications networks are required to transmit to ANCOM, as well as to update annually, by 1 July each year, complete information on the development and geographical location of the public electronic communications networks they operate and of the associated infrastructure elements to them. (3) The information provided in par. ((2) are made available to ANCOM within 12 months from the date of adoption of a decision of the President of ANCOM setting out how to apply these provisions and the format of the information to be transmitted. (4) The information provided in par. (1) will be requested in writing and reasoned, while also establishing the deadline by which they will be transmitted, and the quantity and nature thereof must be proportionate to the purpose for which they were requested. (5) ANCOM may oblige the persons referred to in par. ((1) and (2) upon payment of administrative fines in the amount of up to 30,000 lei per day of delay, setting and the date from which they are calculated, in order to determine them to provide correctly and completely the information requested according to para. ((1) and (2) or to comply with the term provided in par. ((3). (6) The administrative fines shall be applied, by decision of the President of ANCOM, which, uncontested within the period provided by law, constitutes enforceable title, without any other formality. + Article 36 In order to verify compliance with the provisions of this law, the control personnel empowered for this purpose of ANCOM or the State Inspectorate of Construction, as the case may be, shall have the right to request declarations or any documents necessary for carrying out control, raising children from any registers, financial-accounting and commercial acts or other relevant acts; it may also make inspections, including unannounced, at any facilities, premises, land or infrastructure, the result will be recorded in a minutes of finding, and receive, at the convocation or on site, information and justifications. + Chapter VI Final provisions + Article 37 (1) Titulation of the right of administration, concession, rental or use free of charge, as the case may be, on some buildings public property where access works were carried out on properties or where access was requested the implementation of such works, until the date of entry into force of this law, have the obligation to publish the conditions, including tariffs, in which the exercise of the right of access is carried out, in accordance with the provisions of art. 6, within 60 days from the date of entry into force of this Law. (2) In the event of non-compliance with the obligation to publish the conditions in which the exercise of the right of access is carried out, ((1) or art. 6 6 para. ((1) and (4), as well as in case of establishing access conditions, tariffs or obligations with non-compliance with the provisions of art. 6 6 or art. 9 9 para. ((4), ANCOM or any interested person may apply directly to the competent court, in order to oblige the holders of the right of administration, concession, rental or use free of charge, as the case may be, to establish and publish access conditions, in compliance with the provisions of this law. (3) In the case of infrastructure installation projects carried out or in progress provided in art. 10 10 para. ((2), the central or local public administration authorities that participate or support the implementation of these projects or finance them have the obligation to transmit to ANCOM the technical and economic conditions in which the access of the network providers is made of electronic communications, in order to apply art. 10 10 para. (3), within 30 days from the date of entry into force of this Law. ANCOM may request the modification or completion of the proposed conditions + Article 38 (1) At the request of providers of electronic communications networks or entities referred to in art. 13 13 para. (1) or (2), the clauses contained in the contracts for the exercise of the right of access to public property concluded until the date of entry into force of this law will be amended, within 6 months from the publication of the conditions and tariffs access, according to art. 37 37 para. (1), in order to ensure compliance with the provisions of the ((2) If until the date of publication of the conditions and access tariffs, according to the provisions of art. 37 37 para. (1), no contracts have been concluded to exercise the right of access to public property, holders of the right of administration, concession, rental or use free of charge, as the case may be, have the obligation to conclude these contracts in compliance with the provisions of this law, within 6 months from this date. ((3) At the request of providers of electronic communications networks or ex officio, the clauses contained in the contracts already concluded by which the access of providers of electronic communications networks to the projects referred to in art. 10 10 para. (2) will be amended in order to ensure compliance with the technical and economic conditions established in accordance with the provisions of art. 37 37 para. ((3). + Article 39 (1) The specific technical rules provided for in art. 25 25 para. (2) is approved by Government decision, at the joint proposal of the Ministry of Communications and Information Society and the Ministry of Regional Development and Tourism, within 90 days from the entry into force of this law. (2) When developing the technical norms provided for in art. 25 25 para. (2) The proposals of the legally constituted professional associations of providers of electronic communications networks, as well as of other legally constituted associations and of the public authorities concerned, will be considered. (3) The technical rules provided for in art. 25 25 para. (2) will include and establish the constructive characteristics, the minimum capacity required to be provided by the routes corresponding to the different categories of construction works, the protection zones for certain elements of the communication networks electronic or elements of the infrastructure necessary to support them, the procedure for issuing the technical opinion certifying compliance with these rules, a necessary opinion in order to issue the building permit, and the categories of opinions and agreements requested for the authorisation of network infrastructure works Public electronic communications. ((4) The adoption of technical norms will be carried out only after the publication of their draft for public consultation, at least on the websites of the public authorities provided in par. (1), for a period of at least 30 days. ((. Any interested person may submit proposals and comments on the draft technical rules submitted to the consultation within the time limit referred to in paragraph 1. ((4). The comments and proposals received will be considered for the completion of this project. + Article 40 Upon expiry of the time limits provided for in 38 38 para. (1) and (2) repeal any other legal provisions or administrative acts establishing the obligation of holders of the right of access to public property of the state and administrative-territorial units to pay taxes, tariffs or taxes and any other amounts or contributions for rights similar to the right of access, other than on the basis of a contract for access to property. + Article 41 On the date of entry into force of this Law, art. 22-31 22-31, art. 55 55 para. ((1) lit. g) and para. ((2) of Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications, published in the Official Gazette of Romania, Part I, no. 457 of 27 June 2002, approved with amendments and additions by Law no. 591/2002 , with subsequent amendments and completions. + Article 42 Article 4 of Law no. 50/1991 on the authorization of the execution of construction works, republished in the Official Gazette of Romania, Part I, no. 933 of 13 October 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. In paragraph 1 (c), point 3 is amended and shall read as follows: " 3. works of modernization, rehabilitation, expansions of municipal urban networks, urban or surface urban transport, transport and distribution, for: water/canal, gas, electric, district heating, as well as works and/or rehabilitation for streets that are in the administration of Bucharest City Hall; " 2. After paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) For the works of installation and development of electronic communications networks, the Ministry of Regional Development and Tourism will issue a coordinating opinion, on the basis of which the presidents of the county councils involved, namely the general mayor of the city of Bucharest will issue building permits for all works in their area of competence. " 3. Paragraph 3 is amended and shall read as follows: " (3) The building permits provided in par. ((2) and (2 ^ 1) shall produce effects from the date of entry into force of the last building permit issued under the conditions of this Law. " + Article 43 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. * This law translates the provisions of art. 11 11 and 12 of 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 European Communities, L series, no. 108 108 of 24 April 2002. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, September 28, 2012. No. 154. --------