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Law No. 159 Of 19 July 2016

Original Language Title: LEGE nr. 159 din 19 iulie 2016

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LEGE no. 159 159 of 19 July 2016 on the physical infrastructure of electronic communications networks and for the establishment of measures to reduce the cost of installing electronic communications networks
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 559 559 of 25 July 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The purpose of the present law is to establish a uniform legal framework to help facilitate the development of electronic communications networks and the physical infrastructure elements necessary to support them, by taking measures to accelerate the exercise of the right to access properties and remedy inefficiencies affecting the process of expanding electronic communications networks, in order to ensure a sustainable economic framework, the application of development policies regional in line with the objectives of the European Union, as well as cohesion social and territorial by creating the necessary conditions for increasing quality of life. (2) The present law establishes: a) access to public or private property in order to build, install, maintain, replace or move electronic communications networks or physical infrastructure elements necessary to support them; b) the access of providers of electronic communications networks to the physical infrastructure of the network operators; c) measures to build electronic communications networks and to facilitate and stimulate their expansion by reducing the costs associated with this expansion. (3) The provisions of this Law shall not apply: a) electronic communications networks and physical infrastructure elements owned or managed by public institutions within the national system of defense, public order and national security, except for the situation provided in art. 3 3 para. ((5); b) monitoring stations, electronic communications networks and physical infrastructure elements owned or managed by the National Authority for Administration and Regulation in Communications, hereinafter referred to as ANCOM, for the purpose monitoring of radio frequencies in frequency bands with non-governmental use, except as provided for in art. 3 3 para. ((6). (4) The provisions of this law do not apply to buildings that constitute, according to the legislation in force, the national forest fund. + 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 building, installation, maintenance, replacement and moving of electronic communications networks or elements of the physical infrastructure necessary to support them; b) network operator-economic operator authorized to provide electronic communications networks, as well as an economic operator holding in ownership, administration or concession a physical infrastructure intended for the installation of communications networks electronic power or distribution, transmission or distribution of electricity, including public lighting, natural gas, heat and water, including the discharge or treatment of waste water and sewage and drainage systems; it is also network operator and the economic operator holding the property, management or concession a physical infrastructure through the use of which transport services are provided, such as, but not limited to, the physical transport infrastructure of the railways, roads, ports and airports; c) physical infrastructure-any element or part of a network, and any element necessary to support it, with the exception of electronic communications networks, which may be used for the installation of a communication network electronics without becoming themselves elements of the electronic communications network, such as: channels, pipes, pipes, shooting and visitation rooms, cabinets, buildings and entrances to buildings, antenna support structures, the towers, poles, pillars and other engineering constructions part of that network; the cables, including unequipped optical fiber, as well as the elements of the networks used for the supply of water intended for human consumption, as defined in art. 2 2 section 1 1 of Law no. 458/2002 on the quality of drinking water, republished, as amended; d) access to physical infrastructure-the right of any provider of public electronic communications networks to access physical infrastructure elements held in property, administration or concession by a network operator, for the purposes of to build, install, maintain, replace and move electronic communications networks or, where appropriate, the physical infrastructure elements necessary to support them; e) high-speed electronic communications network-electronic communications network capable of providing broadband access services at speeds of at least 30 Mbps; f) civil engineering work-the result of an assembly of civil engineering or civil engineering works which, in itself, is sufficient to perform an economic or technical function and which implies the existence of one or more elements of a physical infrastructure; g) indoor physical infrastructure-physical infrastructure or installations existing in the end-user space, including elements in co-ownership, intended to accommodate cabled and/or wireless access networks, in cases where these access networks are capable of providing electronic communications services and connecting the access point of the building with the terminal point of the electronic communications network; h) indoor physical infrastructure ready for high-speed networks-indoor physical infrastructure intended to accommodate elements of high-speed electronic communications networks or to enable them to be provided; i) major renovation works-civil engineering works or civil engineering works executed in the end-user space, which include structural changes to the entire inner physical infrastructure or a substantial part of the and requiring a building permit; j) access point-the physical point, located inside or outside the building, accessible for the providers of public electronic communications networks, through which the connection with the inner physical infrastructure is made available; k) 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; l) special right-the right granted to a limited number of entities by any legislative, regulatory or administrative instrument, in 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. confers an entity, other than in accordance with the criteria set out in point 1, legal or regulatory advantages that substantially affect the ability of any other entity to provide the same service or to carry out the same activity in the same geographical area, under substantially equivalent conditions; m) public sector body-public institution, including central or local public administration authority, a public law body or an association made up of one or more public institutions or one or more such bodies governed by public law; n) bodies governed by public law-legal entities which, cumulatively, have the following characteristics: 1. are constituted with the purpose of satisfying needs of general interest, other than those that have an industrial or commercial character; 2. are financed, in whole or in the most part, by public sector bodies or their management is subject to supervision exercised by those bodies or have a board of directors, management or supervisory authorities of the whose members are more than 50% appointed by public sector bodies; o) main real rights-the right of use, the right of use, the right of servitude, the right of superficie, the right of abitation. (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 , with subsequent amendments and completions. + 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) provide for use on real or private property and shall be exercised under the law. (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 conditions of common law. (5) For the realization of electronic communications networks for the own use of public institutions in the field of defense, public order and national security, access to properties is carried out under this law. (6) For the installation of monitoring stations, electronic communications networks and physical infrastructure elements necessary to monitor radio frequencies in non-governmental frequency bands, access to properties of ANCOM is carried out under this law. + Article 4 (1) Providers of electronic communications networks benefit from the right of access to properties on, above, in or under buildings in public property, including on roads, bridges, tunnels, technical-publishing galleries, passages and viaducts, poles, pillars and agricultural land, under the conditions of this law, if the following conditions are cumulatively met: a) the exercise of this right does not contravene the special laws establishing the legal regime applicable to those buildings public property or to the public interest or public interest to which the buildings in question 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 national security, which must comply with the activities carried out on, above, in or under the buildings in question. (2) Provisions of para. ((1) do not exclude the applicability of the legal framework on the legal regime of real rights corresponding to the right of public + Article 5 (1) Providers of public electronic communications networks shall enjoy the right of access to properties on, above, in or under privately owned buildings, 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, according to the technical norms provided in art. 29 29 para. ((2); b) the exercise of this right or the performance of access works on properties is not such as to contravene some imperative legal norms or to the specific requirements of urban planning, spatial planning or quality in constructions or those on the protection of the environment, health, defence, public order or national security, which must comply with the activities carried out on, above, in or under the buildings concerned; c) there is a contract concluded under the conditions Law no. 287/2009 on the Civil Code, republished, as amended, with the holder of the private property right or with the holder of other main real rights or with the holder of the right of use or administration on the affected property, by which establish the conditions for the exercise of the right of access to its private property, or that there be a final court decision, which will take place 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 residential blocks, including the fixing of electronic communications networks or physical infrastructure elements necessary for support on the walls or terraces of these buildings. + Article 6 (1) In the absence of legal provisions to the contrary, for the buildings public property where works of access to properties have been carried out, within 60 days from the date of entry into force of the decision of the President of ANCOM provided in par. ((4), economic operators who do not have the status of network operators under this law, network operators for immovable property that are not the object of the head. III, 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 administrative-territorial units have the obligation to publish, respectively to modify and/or complete, if they are already published, on their own website, when there is or, in the absence thereof, by display in visible places at the holder's premises, the conditions under which the right of access to these buildings and the documents that the applicant to present them in order to prove the fulfilment of these conditions, in compliance with the provisions of art. 4. (2) In the absence of legal provisions to the contrary, after the date of entry into force of the decision of the President of ANCOM provided (4), in the case of public property buildings where no access works have been carried out on properties, economic operators who do not have the quality of network operators according to this law, network operators for immovable property that do not Head object III, 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 administrative-territorial units have the obligation to publish on their website, when there is or, in the absence thereof, by display in visible places at the holder's premises, within 30 days from the date of receipt for the first time of an application for the exercise of the right of access to a certain immovable property, the conditions under which the 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. (3) The documents provided in par. ((1) and (2) 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 tariffs for the exercise of the right of access, in compliance with the ((4); d) any technical limitations on the exercise of the right of access, resulting from the characteristics of the property or from the use or public interest thereof; 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 f) in the case of local public administration authorities with attributions in the field of issuance of building permits, all relevant information on the conditions and procedure applicable to the authorization of the construction of communication networks and the physical infrastructure elements necessary to install them. (4) The maximum rates that may be charged by the entities referred to in par. (1) or (2) will cover the value of the lack of use and compensation for direct and certain damage caused by carrying out the works, as well as the existence and operation of electronic communications networks and elements of physical infrastructure installed, being established by the decision of the President of ANCOM, issued within a maximum of 9 months from the date of entry into force of this Law. (5) ANCOM will set the maximum rates provided in par. (4) based on a detailed methodology, taking into account the market value of the use of the affected goods, in compliance with the principles of transparency, objectivity and non-discrimination. (6) The maximum rates provided in par. ((4) will be justified and will be proportional to the impairment of the respective property, and will consider, among other things, the following tangible and intangible benefits: a) facilitating the improvement of digital skills and the infrastructure of the national public service delivery system, as well as improving access to public infrastructure and applications; b) the value added to the buildings public property of the state or of the administrative-territorial units that have installed electronic communications networks, compared to the buildings that do not have the infrastructure for electronic communications; c) the launch of new public services, including efficiency due to computerization; d) facilitating social inclusion and reducing the economic gap between developed and undeveloped localities, by increasing the added value of the electronic communications sector on the other sectors of the economy; e) facilitating the deployment of intelligent systems, such as smart traffic lights or traffic control, with direct effects on the reduction of utility payments; f) facilitating the development of technological parks or research centres, as well as other facilities with similar purpose. (7) After carrying out the works imposed by the exercise of the right of access on, above, in or under the buildings under public ownership of the state or administrative-territorial units or after the termination of the right of access, networks have the obligation to reinstate in the original state the respective public property, under the conditions, including the deadlines, established by the contract provided for in art. 12 or by the court decision handed down under the conditions of 13. (8) In the case of buildings public property data in concession, rented or put into use free of charge, the conditions under 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, in accordance with the provisions of the acts granting them the right of concession, rental Free of charge or use. (9) For the occupation and use of public property buildings by providers of electronic communications networks or in consideration of their conduct of other activities related to the exercise of the right of access to property, regulated by this law, central or local public administration authorities, as well as any other entities may charge only the amounts established under this law. (10) 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. (11) 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 para. (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) or (2). (12) Providers of electronic communications networks that install networks on poles, pillars or other physical infrastructure elements on public property, including on roads, will conclude, in compliance with the rules on authorization the execution of construction works, only contracts for the exercise of the right of access to physical infrastructure with persons who own or control the physical infrastructure elements, under the conditions of this law, and will owe tariffs only these people. (13) In the case provided in par. (12), the holder of the right of administration, concession, rental or use free of charge on public property buildings has the obligation to allow the access of persons empowered by the providers of communications networks electronic at these buildings, under the same conditions as that allowed to persons empowered by those who own or control the physical infrastructure elements. ((14) Amounts as tariff for the exercise of the right of access, charged with compliance with the provisions of par. (4), shall be made to the own budget, in the case of public institutions financed from their own income, to local budgets, in the case of local public authorities, or to the budgets from which they are financed, in the case of institutions financed from the budget state, state social insurance budget or special funds. + Article 7 (1) A copy of the document containing the access conditions established in accordance with the provisions of art. 6, as well as any amendments or additions to these conditions will be transmitted, within a maximum of 10 days from publication, 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 of the state or administrative-territorial units, the applicant shall send an application to the holder of the right of administration, concession, rental or use free, as appropriate, on the respective property, accompanied by all the 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 by the acts granted the right of concession, rental or use free of charge, or, as the case may be, will transmit it within 5 days of upon receipt, accompanied by a reasoned proposal, to the holder of the right of administration, established by law. (. 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 it is intended to achieve the right of access, according to the access conditions established according to art. 6 6 para. ((3); 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 under the law, 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 he is competent to settle the application, will consider the fulfilment the access conditions provided for in art. 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 request, provided by art. 6 6 para. (2), transmitted 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 a maximum of 30 days from the date of publication access conditions, in accordance with the provisions of art. 6 6 para. ((2), not exceeding 60 days from the date of receipt of the request. 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 request or, in the case of the first application provided 6 6 para. (2), from the publication of the access conditions, the term provided in par. ((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 the rejection of the application by communicating to the applicant. (7) Together with the grounds for refusal provided in par. ((6) Responsible entities may communicate to providers of electronic communications networks applicants and areas where they may have access under published conditions as an alternative to the denied access request. (8) The refusal to grant the right of access may be appealed by the applicant directly to the competent court, under the conditions of art. 13. + 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 the physical infrastructure elements necessary to support them can no longer be installed, the existing physical infrastructure elements, owned by the network operators, will be able to be subject to the exercise of the right of access in accordance with the provisions Head. III. (2) In so far as the conditions established according to art. 6 are not fulfilled, and in that area there are physical infrastructure elements owned by the network operators, the holder of the right of administration, concession, rental or use free of charge, as the case may be, will inform applicant, with a view to exercising the right of access to those physical infrastructure elements in accordance with the provisions of the head. III. (3) In order not to affect the realization of other public utility projects, 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 suppliers of electronic communications networks shall include in the contracts clauses limiting the exercise of the right of access in certain areas. (4) The clauses established in accordance with the provisions of par. ((3) will not affect the functionality of physical infrastructure elements and electronic communications networks and will be objective, non-discriminatory, proportionate and justified. + Article 10 (1) If the public institutions referred to in art. 6 6 para. ((1) or (2) 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 separation structural activities associated with the exercise of property rights or control activities associated with the granting of the right of access to property, in accordance with the provisions of this law. ((. Except for the projects to which the provisions of art. 25, it is forbidden to grant or maintain special or exclusive rights regarding the installation of physical infrastructure elements necessary to support electronic communications networks. (3) Establishment of special or exclusive rights regarding the installation of physical infrastructure elements necessary to support electronic communications networks, under conditions other than those provided in par. ((2), is null and void. (4) In the case of projects provided in art. 25 25 para. (1), the central or local public administration authorities may order their realization including by setting up real rights corresponding to the right of public property, in compliance with the provisions of art. 25. + Article 11 (1) In order to exercise the right of access to private property, under the conditions of art. 5, the applicant shall transmit to the holder of the ownership, the holder of other main real rights, the holder of the right of use or administration, as the case may be, a request for the conclusion of an access contract. The request will be sent by using the postal service receipt confirmation. (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 elements and the physical infrastructure to be located on the respective property and the area in which the right of access is intended to be realized; 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 elements and the physical infrastructure to be located. (3) When the conditions laid down in art. 5 5 para. ((1), the holder of the right of ownership, the holder of other real rights or the holder of the right of 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 exercising the right of access to private property, the price due by the provider of public electronic communications networks represents the value of the lack of use and the compensation for direct and certain damages caused by carrying out the work, as well as the existence and operation of electronic communications networks and physical infrastructure elements installed. (5) If the exercise of the right of access is carried out in order to connect a building to a fixed public electronic communications network, access is free of charge on private property when it has the same holder as the the building to be connected or in the spaces in the ownership of the housing blocks. (6) 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, according to the documents by which were granted the right of concession or rental, as the case may be. + Article 12 (1) Titulars of the right established under the conditions of 4 or 5 may exercise their right of access only after the conclusion of a contract with the holder of the property right, the holder of other main real rights, the holder of the right of use or administration over the property respectively or, in the case of public property buildings, with the holder of the right of administration, establishing the conditions for exercising this right, 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, in accordance with the acts granted to 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 following the negotiation in a contract, conditions are established, including in terms of the price or the rate of access, more advantageous than those published in accordance with the provisions of art. 6 6 or provided for in contracts concluded with other providers of electronic communications networks, these conditions will be offered to all other suppliers, on a non-discriminatory basis. (5) Within a maximum of 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 publish, in compliance with the legislation on the protection of trade secret, this contract on its website. (6) In order to ensure compliance with the provisions of (3), by means of an IT application available on an internet page made available by ANCOM, in the form of the electronic form document to which it was incorporated, attached or logically associated an extended electronic signature, based on a qualified certificate not specified or unevoked at the date of transmission and generated using a secure electronic signature creation device, providers of electronic communications networks exercising the right of access to the property public or private are required to submit information on the data to ANCOM identification of the property subject to the right of access, the amount of the price or tariff and the unit of measurement for which it is calculated, as well as a copy of each access contract. (7) The modality of transmission of the information and documents provided in par. (6), as well as the conditions under which providers of electronic communications networks have access to this information shall be established by decision of the President of ANCOM, issued within 9 months from the date of entry into force of this Law. (8) Transmission of information provided in par. (6) will be carried out within a maximum of 90 days from the date of entry into force of the decision of the President of ANCOM provided in par. ((7), for all contracts for the exercise of the right of access concluded until this date, respectively within a maximum of 10 days from this date, for the contracts for the exercise of the right of access concluded after the date of entry into force of the decision of ANCOM. ((. The contract concluded under the conditions 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 construction, installation, maintenance, replacement or move electronic communications networks or physical 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 physical 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 tariff or, as the case may be, the price due for the exercise of e) the conditions, including the term, in which the holder of the right of access will return to the original state the property affected by the realization of access works on properties, according to 15 15 para. ((3). ((10) The clauses included in contracts prohibiting access to physical infrastructure or provide for exclusive or special rights with regard to the installation or provision of unequipped electronic or fibre optic communications networks, as well as of the installation of physical infrastructure elements necessary for the support of electronic communications networks on a public property or private property are considered unwritten. (11) In order to practice access prices complying with the provisions of this law, the maximum tariffs established by the decision of the President of ANCOM provided for in art. 6 6 para. (4) have an indicative character in the negotiation of prices for access on, above, in or under private property of the state or administrative-territorial units. ((12) Titulation of ownership, holders of other main real rights, holders of the right of use or administration of privately owned buildings of the state or administrative-territorial units and providers of networks of electronic communications will take into account the highest degree, in the process of negotiating the contracts for the exercise of the right of access on private property, from the maximum tariffs provided in art. 6 6 para. ((4). ((13) Information obtained before, during or after the completion of negotiations of an access contract must be used only for the purpose in which it was provided, and the confidentiality of the information transmitted or stored will be respected in all Cases. This information may not be disclosed to any third party, except for the information requested by the regulatory authority or other institutions empowered by law. (14) The amounts collected by way of price for the exercise of the right of access to the private property of the state or administrative-territorial units shall be made to their own budget, in the case of public institutions financed by their own income, to local budgets, in the case of local public authorities, or at the budgets from which they are financed, in the case of institutions financed from the state budget, the state social insurance budget or special funds. + Article 13 (1) If the contract provided for in art. 12 may not be concluded within a maximum of 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 of the right of access, according to art. 8 8 para. ((6), either party may appeal to 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 a maximum of 15 days from the date of communication of the final court decision, the holder of the right of administration, concession, rental or Free use, as the case may be, on the property has the obligation to make it public on its website. (6) Within a maximum of 90 days from the date of entry into force of the decision of the President of ANCOM provided in par. (7), for all final judicial decisions having as its object the exercise of the right of access on properties issued up to this date, respectively within a maximum of 10 days from the date of communication of the final court decision, for final court decisions on the exercise of the right of access to property issued after the date of entry into force of the decision of the President of ANCOM, providers of electronic communications networks exercising the right of access to public or private property is required to transmit a copy of this judgment to ANCOM, with its obligation to make it available to any interested person. (7) The modality of transmission of the children of the final judicial decisions provided in par. (6), as well as the conditions under which providers of electronic communications networks have access to these documents shall be established by the decision of the President of ANCOM, issued within 9 months from the date of entry into force of this Law. + Article 14 (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, failing that, with the consent of the proprietor of the the holder of other main rights, the holder of the right of administration, of concession or rental, as the case may be, and without prejudice to the right of use on the part of the building not subject to the exercise of the right of access established under the conditions of art. 4 4 or 5. (2) Exercise of the right provided in par. (1) may be carried out, under the law, only after the transmission of a notification at least two working days in advance to the holder of the right of use or, in its absence, to the holder of the property right, to the holder of other rights principal, the holder of the right of administration, concession or rental, as the case may be, on the respective property, 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 or of other real rights, the holder of the right of administration, concession or rental, as the case may be, shall not 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. 12 or by a court decision rendered under the conditions of art. 13. (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. + Article 15 (1) The right of access to property shall not affect the existence of the right of property or other real rights to that property or to the physical infrastructure subject to the right of access or to the communication networks electronic or infrastructure elements necessary to support them. (2) The exercise of the right of access on properties will not cause the change of destination of the property only within the necessary limits, in compliance with the legislation in force, and will affect as little as possible the building on which the right of access is constituted. (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 pay the holder of the ownership or other real rights, the holder of the right of administration, concession or use, as the case may be, the value of the expenses determined by the bringing into the original state of the affected property. + Article 16 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, the expropriation procedure will be applied, under the conditions of the legislation in force. + Article 17 (1) The holder of the right of access to property may apply to the holder of the right of property, to the holder of other real rights, to the holder of the right of administration, of concession, of free use or rental, as the case may be, in the situation in which there is no other solution, the cutting, in compliance with the legal provisions in 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 the access works on properties. These operations will be carried out at the applicant's expense and with the granting of compensation provided by this law (2) If, within a maximum of 45 days from the receipt of the request, the holder of the right of ownership, the holder of other real rights, the holder of the right of administration, of concession, of free use or rental, as the case may be, shall not perform the operations provided in par. ((1), the provider of electronic communications networks may carry out these operations, after the transmission of a notification, at least two working days in advance. (3) The operations provided in par. (1) will be carried out in compliance with the legislation on environmental protection and in a manner that affects as little as possible the external appearance of the property. + Article 18 The holder of the right of access to property has the obligation to reestablish the elements of electronic communications networks or the physical infrastructure elements necessary to support them, within the same property, when this retrenchment is necessary for the construction of buildings or for the performance of works, under the conditions, including regarding the term, agreed by the contract concluded according to the provisions of 12 or by the court decision handed down under the conditions of 13. + Chapter III Access to physical infrastructure of network operators + Article 19 ((1) Network operators shall grant access to the physical infrastructure they hold in the ownership, management or concession, under objective, transparent, proportionate and non-discriminatory conditions, to all public communications network providers electronic access to the construction, installation, maintenance, replacement or moving of elements of public electronic communications networks. (2) The physical infrastructure access charges will ensure the network operator obliged to allow the use of the physical infrastructure it owns, administration or concession the possibility to recover its costs, taking in consideration both of the investment from own contributions made to achieve the physical infrastructure that is subject to access and those incurred for the provision of this access, and the impact of the requested access to the business plan of the network operator, in particular with regard to investments that will have as their object the physical infrastructure to which access is requested. In determining the access charges, the improvements to the physical infrastructure by the provider of public electronic communications networks will also be considered, in so far as these improvements also take advantage of the network operator. (3) The request for access to the physical infrastructure of the network operators will necessarily contain the following: a) the identification and contact details of the provider of electronic communications networks intending to carry out the access works to the physical infrastructure; b) the technical description of the network elements to be installed; c) the area in which access and physical infrastructure elements are intended to be carried out; d) the estimated duration of the works; e) the conditions under which the applicant's interventions will be carried out, for the maintenance and repair of the network elements to be located. (. The network operator may refuse to grant access to the physical infrastructure it owns, administration or concession only in the following justified objective and duly justified cases: a) the technical limitations of the physical infrastructure to which access was requested, which would not allow the installation or operation of any elements of the public electronic communications network; b) the lack of available space for the installation of the public electronic communications network, including as a result of the plans of the network operator proven conclusively; c) compliance with security and public health requirements; d) ensuring the security and integrity of the other networks and in particular national critical infrastructure; e) eliminate the risk of significant interference which may disrupt the services provided by the same physical infrastructure; f) the availability of viable alternative means, on reasonable and non-discriminatory terms, to provide wholesale access to physical network infrastructure, provided by the network operator and suitable for the provision of public networks of electronic communications. ((5) The reasons for the rejection of the request by the network operator shall be communicated to the provider of the requesting electronic communications network, no later than two months after the date of receipt of a request for full access. ((6) If the network operator refuses to grant access to the physical infrastructure it owns, administration or concession, or if, within a maximum of two months from the date of receipt of a full access request, it does not reach an agreement on the conditions under which access is made, either party may address ANCOM for the resolution of the dispute in accordance with the provisions of the head. V and the establishment, as the case may be, of the modalities and conditions, including those on tariffs, in which access to physical infrastructure will be made. (7) If the parties to a contract for the exercise of the right of access to the physical infrastructure of the network operators do not reach an agreement on the modification of the contractual clauses on the modalities and conditions, including those pricing, in which access to physical infrastructure owned, managed or concession by network operators is made, or if the network operator prevents the execution of access works, whichever may be the case ANCOM in order to solve the dispute in accordance with the provisions of the head. V. ((8) The exercise of the right of access provided for in this Article shall be carried out in compliance with the principle of minimum touching on property + Article 20 (1) In order to exercise the right provided for in art. 19 19 para. ((1), network operators shall be required, within a maximum of two months of receipt of a complete application, to provide electronic communications network providers with information on the location, route, type and use of the network. the current physical infrastructure as well as a point of contact. (2) The providers of public electronic communications networks, in compliance with the principle of proportionality, may request the network operators the information provided in par. ((1), only if they are not available through the single information point provided for in art. 21 21 para. ((2). (3) The providers of public electronic communications networks shall specify in the application referred to in par. ((1) the area in which it intends to install elements of a public electronic communications network. (4) Network operators may refuse access to the information provided in par. ((1) only in cases where they are available through the single information point provided for in art. 21 21 para. (2) the making available of this information would affect national security or public health, as well as the security and integrity of the networks. ((5) The reasons that have led to the rejection of the request for access to the information provided in ((1) shall be communicated to the providers of publicly available electronic communications networks, no later than two months after the date of application. ((6) If the network operator does not provide the electronic communications network provider with the information provided in par. ((1), either party may address ANCOM for the resolution of the dispute in accordance with the provisions of the head. V. (7) The providers of public electronic communications networks are obliged to ensure the confidentiality of the information acquired, according to the legislation on trade secret protection. + Article 21 (1) Network operators, as well as public sector bodies which, in the exercise of their duties, hold in electronic format any of the information provided for in art. 20 20 para. ((1) shall make this information available to ANCOM by 1 January 2017. (2) Using the information collected according to par. ((1), ANCOM will create, manage and make available to providers of public electronic communications networks, through an IT application available on an internet page, a unique information point. (3) Within 3 months from the date of entry into force of this Law, the decision of the President of ANCOM will determine the modality of application of the provisions of par. ((1), (2) and (5). ((4) Where a provider of public electronic communications networks directly asks a public sector body for access to the information provided for in art. 20 20 para. ((1), it has the obligation to make them available to the requesting supplier in so far as it would not affect national security or public health, as well as the security and integrity of the networks. (5) Any new update or item regarding the information referred to in art. 20 20 para. ((1) will be sent to ANCOM within a maximum of two months from the date of possession of this information. ((6) Where network operators and public sector bodies justifiably consider that further checks on the correctness of updates or new information on the information referred to in Article 6 are necessary. 20 20 para. (1), the term provided in par. ((5) may be extended by no more than one month. (7) As soon as possible, but no later than January 1, 2017, by the single information point provided in par. ((2), ANCOM shall make available to providers of public electronic communications networks, by means of a computer application available on an internet page, in proportionate, non-discriminatory and transparent conditions, a minimum of information held by the persons referred to in paragraph ((1). (8) In the use of the information acquired according to this article, providers of public electronic communications networks shall comply with the obligation provided for in 20 20 para. ((7). + Article 22 (1) Network operators shall, following a reasoned request, allow the staff of the providers of public electronic communications networks, under transparent, non-discriminatory and proportionate conditions, to inspect the physical infrastructure elements targeted in order to install elements of electronic communications networks, which will be specified, on a mandatory basis, in the request submitted in this regard. ((2) Authorization of access in order to carry out the inspection provided in par. (1) shall be carried out no later than one month from the date of receipt of the request, specifying the conditions in which the inspection is to be carried out. (3) The network operator may refuse the request for inspection only in cases where it would affect national security or public health, as well as the security and integrity of the networks. ((4) The reasons that have led to the rejection of the application for authorization of the inspection shall be communicated to the provider of public electronic communications networks requesting within the period provided for in ((2). ((5) If the network operator does not authorise the inspection or if within a maximum of one month from the date of receipt of the request an agreement is not reached on the conditions for carrying out the inspection, any of the parties may address ANCOM for the resolution of the dispute in accordance with the provisions of the head V. (6) In the use of the information acquired under this Article, providers of public electronic communications networks shall comply with the obligation provided for in art. 20 20 para. ((7). + Article 23 (1) In order to avoid the occurrence of disputes, as well as to ensure the speed of their resolution, by decision of the President of ANCOM will be published, for certain types of physical infrastructure, the indicative tariffs for access to network operators infrastructure. (2) The indicative rates provided in par. (1) shall be established in compliance with art. 19 19 para. ((2). (3) Network operators and providers of public electronic communications networks will take into account the highest degree, in the process of negotiating contracts for the exercise of the right of access to physical infrastructure, of the indicative tariffs provided for in par. ((1). ((4) ANCOM may publish on its own website guidance on situations in which network operators may refuse access provided for in art. 19, as well as on the realization of the inspection activity provided for in 22. + Article 24 (1) Where the duplication of physical infrastructure elements is economically inefficient or physically impossible, any person who holds a physical infrastructure installed inside a building with any title shall have the obligation that, at the request of a provider of public electronic communications networks, to grant him access to that internal physical infrastructure, in order to install an electronic communications network, under objective, transparent conditions, proportionate and non-discriminatory, including, where appropriate, as regards the tariff, provided that the exercise of this right or the performance of the access works is carried out under the law. ((2) If, within a maximum of two months from the date of receipt of an application for access to physical infrastructure installed inside a building, the parties do not reach an agreement, any of them may address ANCOM for settlement the dispute in accordance with the head provisions. V and establishment, as the case may be, of the modalities and conditions, including those charging, in which access to indoor physical infrastructure or access point is made. ((3) If the parties to a physical infrastructure access contract installed inside a building do not reach an agreement on the modification of the contractual clauses on the modalities and conditions, including those charging, in which access to that physical infrastructure is made, any of them may refer the matter to ANCOM in order to resolve the dispute in accordance with the provisions of the head. V. (4) The rates provided in par. (2) shall be established in accordance with the provisions of art. 19 19 para. ((2). (5) The exercise of the right of access provided for in this Article shall be performed in compliance with the principle of minimum touching on property. + Article 25 ((1) In the case of physical infrastructure projects intended for the installation of public electronic communications networks or unequipped optical fibre networks, carried out with the participation or support of central or local public administration authorities or funded, totally or partially, from public funds, providers of public electronic communications networks benefit from open access to this physical infrastructure, in compliance with the principles of non-discrimination, proportionality and objectivity. (2) The technical and economic conditions in which the access to the infrastructure of the providers of public electronic communications networks is carried out in the case provided in par. (1), as well as any modification or completion thereof shall be subject to the approval issued by decision of the President of ANCOM. (3) The administrative acts establishing any conditions for the operation of the physical infrastructures covered by the projects referred to in par. ((1) produce legal effects regarding the technical and economic conditions in which the access of public electronic communications network providers to these physical infrastructures is carried out, only after the issuance of the approval provided in par. ((2). (4) In order to apply the provisions of para. ((2), the central or local public administration authorities that participate, support or finance, in whole or in part, the implementation of physical infrastructure projects for the installation of public electronic communications networks or of fiber unequipped optics are required to transmit to ANCOM, in addition to the document containing the proposals on technical and economic access conditions, and the documentation substantiating the physical infrastructure project. ((5) ANCOM decides on the request for approval of the technical and economic conditions of access within a maximum of 90 days from the date of registration of the documents provided in par. ((4). (6) If the documents transmitted according to par. (4) require additions, the term provided in par. (5) shall be suspended from the date of communication of the request for completion until the date of receipt of these additions by ANCOM. + Chapter IV Provisions concerning the authorisation of the construction of electronic communications networks + Article 26 (1) In the elaboration of spatial planning documentation and urban planning documentation, the construction, repair, modernization, rehabilitation or extension of roads or public utility networks will be considered. the need to install electronic communications networks. (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 shall publish on the website of the authority of the administration public and will transmit electronically the single information point provided for in art. 27 notices regarding the registration of a request for issuing the building permit for the works provided in par. ((1) or regarding the realization of other categories of works, within a maximum of 10 days from the date of registration of the application or from the date on which the public administration authorities know the realization of these works, so that there is the possibility coordinated implementation of works to build, install, maintain, replace or move electronic communications networks or physical infrastructure elements necessary to support them, under the conditions of this law. ((3) Except for urgent interventions as defined in Annex no. 2 2 " Definition of specialized terms used in the contents law " to Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions, the works coordinated by the public administration authorities will not be started before the fulfillment of a minimum of 25 days from the date of publication of the notice provided in ((2). (4) The announcement provided in par. (2) 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 (5) If providers of public communications networks do not opt for the coordinated implementation of access works at the same time as construction, repair, modernization, rehabilitation or extension of road or utility networks public, according to the provisions of this article, the 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 in par. ((1) announced under the conditions of this Article at least 6 months before their start. + Article 27 ((1) At the written request of the providers of public electronic communications networks, the network operators shall make available to them, through a single information point organized by the Agency for the Digital Agenda of Romania, information on the own civil engineering works in progress or planned, for which the building permit has been granted or the application for the issuance of the building permit has been submitted or is provided for in the next 6 months. (2) The information provided in par. (1) will include the location and type of works, the physical infrastructure elements concerned, the date on which the work began or is expected to start, their duration, as well as the address of the contact point. (3) In the request provided in par. (1) the area in which the coordinated work is carried out shall be specified. ((4) Network operators are required to provide in electronic format, through the single information point, the information requested, in transparent, non-discriminatory and proportionate conditions, within a maximum of 14 days from the date of receipt of the request. (5) The conditions under which the communication will be made through the single information point will be established by order of the Minister of Communications and for the information society. (6) Network operators may refuse to communicate the information according to par. ((1) only in cases where it would affect national security or public health, network security and integrity, and where the information requested is already made electronically available to the public or transmitted to the single information point. ((7) The reasons that led to the refusal of the network operator to make available the information provided in par. (1) shall be communicated, through the single information point, to providers of public electronic communications networks within a maximum of 14 days from the date of receipt of the request. (8) If the network operators do not provide to the providers of public electronic communications networks the information provided in par. ((1), either party may address ANCOM for the resolution of the dispute in accordance with the provisions of the head. V. ((9) Provisions of para. ((8) shall not apply if the refusal to make available to providers of public electronic communications networks the information referred to in par. ((1) is determined by the fact that the information requested is, in their entirety, already made electronically available to the public or transmitted to the single information point. (10) In the use of the information acquired according to this article, providers of public electronic communications networks shall comply with the obligation provided for in 20 20 para. ((7). + Article 28 (1) Where the providers of public electronic communications networks require the coordinated implementation of civil engineering works, the network operators shall be required to allow the coordinated performance of these works, under transparent conditions. and non-discriminatory, if the following conditions are met cumulatively: a) the coordination of the works does not involve any additional costs, including due to delays in the performance of civil engineering works of the network operator; b) the coordination of the works does not prevent the control over c) the request for coordination to be submitted within a maximum of 10 days from the communication of the information provided in art. 27 27 para. ((1) or of the reply that the information requested is already made electronically available to the public or transmitted to the single information point, in the case of civil engineering works in progress; d) the request for coordination should be submitted at least 30 days before the submission of a complete request for the issuance of the building permit, in the case of civil engineering works in the project phase. ((2) If the network operator does not allow the coordinated performance of the works or, within a maximum of 30 days from the date of submission of the coordination request, no agreement is reached, either party may address ANCOM for settlement of the dispute in accordance with the head provisions. V and establishment, as the case may be, of the conditions, including tariffs, on carrying out the coordination of (3) Civil engineering works having an emergency character, as defined by the legislation on the authorization of the execution of construction works, are exempted from the obligation provided in par. ((1). + Article 29 (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) The authorization of the physical infrastructure works of electronic communications networks will be based on technical regulations on the design and realization of physical infrastructures and electronic communications networks, as well as, as the case may be, on the basis of technical regulations on the design and realization of the constructions on which they are located. ((3) The technical norms are approved by joint order of the Minister of Communications and for the information society, the Minister of Regional Development and the Public Administration and the President of ANCOM, within a maximum of one year from the date of entry in force of the present law. (4) The technical norms 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 electronic communications networks or elements of the physical infrastructure necessary to support them, the procedure for issuing the technical opinion certifying compliance with these regulations, a necessary opinion in order to issue the building permit, as well as the categories of opinions and agreements requested for authorisation the physical infrastructure works of public electronic communications networks. (5) In the elaboration of 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. (6) Until the date of entry into force of the technical regulations provided in par. (2), the authorization of physical infrastructure works of electronic communications networks will be carried out according to the legislation in force. + Article 30 (1) The access works provided for by this Law may be carried out only in compliance with the legal provisions relating to: a) location, design, authorization of execution, execution, use and postuse of constructions; b) design and location of constructions and installations in the area of electricity and natural gas networks, roads and in the area of railway physical infrastructure, on bridges, passages, viaducts and road tunnels, as well as in areas subject to civil aviation servitude; c) conditions for the location of technical-urban works and pillars for installations in the area of roads and in the area of railway physical infrastructure; d) quality in construction; e) protection of hygiene and public health; f) environmental protection; g) labor protection; h) protection of historical monuments. (2) To the extent that in certain areas a protection regime has been established through the spatial planning documentation and urban planning documentation in respect of the implementation of access works, as well as in the case of areas subject to a regime In accordance with the legal provisions, the exercise of the right of access cannot be achieved until the agreement of the competent bodies ((3) Obtaining the necessary opinions or authorizations incumba to the person requesting the exercise of the right of access. + Article 31 No physical infrastructure can be installed in the area of roads which: a) narrow the road plug; b) hinder the movement of vehicles; c) jeopardise traffic safety, including by reducing visibility. + Article 32 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 in art. 29 29 para. ((2). + Article 33 (1) The installation of the network elements on the inner and outer walls of the buildings will be carried out by the use of systematized routes, according to the technical norms provided in art. 29 29 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. 29 29 para. ((2). (3) Within a maximum of 3 years from the date of entry into force of the technical regulations provided for in art. 29 29 para. (2), providers of electronic communications networks will carry out the necessary works in order to comply with the provisions of para. ((1). + Article 34 (1) All the buildings for which applications for the issuance of the building permit will be submitted, including the buildings that have elements in the common property, as well as the buildings for which applications for the issuance of the building permit will be submitted for major renovation works, after December 31, 2016, will be provided with the interior physical infrastructure ready for high-speed networks. (2) All residential blocks for which applications for the issuance of the building permit will be submitted, as well as the housing blocks for which applications for the issuance of the building permit for major renovation works will be submitted, after the date of December 31, 2016, will be provided with access points. (3) Historical monument buildings, those with a special architectural value, holiday homes, buildings with military destination or other buildings used for public order or national security purposes are exempted from the obligations provided for in para. ((1) and (2). (4) Conditions of application of the provisions of par. ((1) and (2) shall be established by the technical norms provided in art. 29 29 para. ((2). + Article 35 (1) In the areas of protection of the elements of electronic communications networks or of the physical infrastructure elements necessary to support them, established by the technical norms provided in art. 29 29 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 Dispute resolution + Article 36 (1) Litigies arising between network operators and providers of public electronic communications networks under the conditions of art. 19 19 para. ((6) and (7), art. 20 20 para. ((6), art. 22 22 para. ((5), art. 27 27 para. ((8) and art. 28 28 para. (2), as well as disputes arising between persons who own with any title an physical infrastructure installed inside a building and providers of public electronic communications networks under the conditions of art. 24 24 para. ((2) and (3) shall be settled in accordance with this Chapter. (2) If, in the context of a dispute, ANCOM imposes on the parties the application of tariffs, their establishment is carried out in compliance with, accordingly, the provisions of art. 19 19 para. ((2). (3) If the obligation provided for in art. 19 19 para. (1) is imposed on a provider of electronic communications networks, ANCOM will consider the objectives set by art. 4-7 of Government Emergency Ordinance no. 22/2009 on the establishment of the National Authority for Administration and Regulation in Communications, approved by Law no. 113/2010 , with subsequent amendments and completions. + Article 37 (1) In case of occurrence of a dispute, in accordance with art. 36 36 para. (1), the ANCOM referral will be carried out by the interested party through a written request. When it considers it necessary for the debate on the merits of the dispute, ANCOM will invite the parties before it, communicating, within a reasonable time, the date of the meeting. Depending on the complexity of the case, the parties may be invited to subsequent meetings. (2) The debates in the meetings will be recorded and communicated to the parties. (3) The parties may exercise their personal rights, be assisted or represented. The representatives of the parties must submit the documents attesting to them. ((4) In order to resolve the disputes provided for in this Chapter, in cases where it is necessary, ANCOM may carry out on-the-spot checks and use any information it holds in accordance with the legal provisions. + Article 38 (1) The letters provided for by this Law shall be settled by decision of the President of ANCOM no later than: a) 4 months from the date of referral, in case of disputes arising under the conditions of art. 19 19 para. ((6) and (7); b) two months from the date of referral, in the case of disputes arising under art. 20 20 para. ((6), art. 22 22 para. ((5), art. 24 24 para. ((2) and (3), art. 27 27 para. ((8) and art. 28 28 para. ((2). (2) In exceptional circumstances in which, depending on the complexity of the dispute, a longer term is necessary for the good resolution of the case, the deadlines provided in par. (1) may be extended by decision of the President of ANCOM. (3) In the case of a dispute arising under the conditions of 19 19 para. ((6) and art. 24 24 para. (2), prior to the issuance of the decision to settle the dispute provided in par. (1), ANCOM will draft and submit a preliminary solution to the public consultation. (4) In the framework of the consultation procedure provided in par. ((3), ANCOM shall publish, on its website, the text of the preliminary solution submitted to the consultation and the time limit within which the parties and any interested persons may submit comments. The deadline will be no more than 5 days from the date of publication on the website, except in situations where, given the complexity of the dispute, ANCOM considers that a higher deadline is required. (5) The decision to settle the dispute will include at least the following elements: the name and the seat, namely the names and domicile of the parties, the subject matter of the dispute, the conduct of the proceedings, the reasoning in fact and the right on which the willing and the ways to carry out them, as well as the remedies against it. (6) The decision to settle the dispute shall be communicated to the parties and shall be published on the website of ANCOM, in compliance with the principle of confidentiality. ((7) The decisions issued by the President of ANCOM under the terms of this chapter constitute administrative-judicial acts, and may be appealed in administrative litigation, in accordance with the provisions of art. 12 12 para. (5) of Government Emergency Ordinance no. 22/2009 , approved by Law no. 113/2010 , with subsequent amendments and completions. (8) The provisions of this law are without prejudice to the right of persons to apply directly to the competent courts. + Article 39 (1) The optional dispute resolution procedure provided for in this Chapter, as well as the consultation procedure provided for in art. 38 38 para. (3) will be established by decision of the President of ANCOM, in compliance with the provisions of this law ((. Access to dispute resolution procedures provided for in this Chapter shall be free of charge. + Chapter VI Provision of information, control and sanctions + Article 40 ((1) ANCOM is entitled to require providers of public electronic communications networks, network operators, public sector bodies and central or local public administration authorities, as well as persons participating in the implementation of the projects referred to in 25 25 para. ((1), as the case may be, any information necessary for the exercise of the duties provided by this law. (2) The information provided in par. (1) may be requested by ANCOM, in particular for the following purposes: a) verification of compliance with the obligations provided by the provisions of this law or imposed by ANCOM in accordance with these provisions b) the application of art. 21 21 para. ((2) and (3); c) the exercise of the powers established by the 25 25 para. ((2); d) settlement of disputes provided for the head V; e) the exercise of the powers established by 47 47 para. ((9); f) establishment of the tariffs provided for in 6 6 para. ((4) and art. 23 23 para. ((1). (3) In order to facilitate and stimulate the expansion of electronic communications networks by reducing the costs associated with this extension, ANCOM will carry out an inventory of public electronic communications networks and infrastructure elements the physics necessary to support them, providers of public electronic communications networks having the obligation to transmit to ANCOM, as well as to update complete information on the development and geographical location of public networks of electronic communications and physical infrastructure elements required to support to them, which they own in the property or concession. ((4) The method of application of the provisions of par. ((3), including the deadlines for updating the information, and the format of the information to be transmitted shall be established by decision of the President of ANCOM (5) Transmission of information provided in par. ((3) will be carried out within a maximum of 6 months from the date on which ANCOM provides electronic communications network providers with a computer application through which that information can be transmitted. (6) By the decision of the President of ANCOM provided in ((4) may be imposed on the network operators or central or local public administration authorities holding in the property, administration or concession elements of physical infrastructure obligations regarding the transmission of information provided in par. ((3). (7) 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. (8) Persons referred to in par. (1) have the obligation to provide the information within the period, at the level of detail and under the conditions indicated by ANCOM. + Article 41 ANCOM has the obligation to comply with the consultation procedure established by the provisions art. 135 of Government Emergency Ordinance no. 111/2011 on electronic communications, approved with amendments and additions by Law no. 140/2012 , with subsequent amendments and completions, whenever it intends to adopt the measures provided by art. 12 12 para. ((7) and (11), art. 21 21 para. ((3), art. 23 23 para. ((1), art. 39 39 para. ((1) and art. 40 40 para. ((4). + Article 42 (1) The following facts constitute contraventions, if they are not committed under such conditions as to constitute, according to the criminal law, crimes, and are sanctioned with a fine of 1,000 lei per 100,000 lei, as follows: a) non-compliance by persons referred to in art. 6 6 para. ((1), (2) and (8) of the obligation provided for in art. 7 7 para. ((1); b) non-compliance by the holder of the right of administration, concession, rental or use free of charge, as the case may be, of the obligations provided by the provisions of art. 12 12 para. ((5) and art. 13 13 para. ((5); c) non-compliance by providers of electronic communications networks with the obligation provided by the provisions of art. 12 12 para. (6), in accordance with the manner and conditions established according to art. 12 12 para. (7) and within the time limit set by the provisions of 12 12 para. ((8); d) non-compliance by providers of electronic communications networks with the provisions of art. 13 13 para. (6) regarding the obligation to transmit to ANCOM a copy of the final court decision on the exercise of the right of access to public property, in accordance with the provisions of art. 13 13 para. ((7); e) non-compliance by network operators with the obligation provided by the provisions of art. 19 19 para. ((5); f) the non-communication by the network operators of the reasons that led to the refusal to grant access to the information provided in art. 20 20 para. (1), according to art. 20 20 para. ((5); g) non-compliance by network operators and public sector bodies with the obligation to provide ANCOM with the information provided in art. 20 20 para. (1), according to art. 21 21 para. ((1) and (3); h) non-compliance by network operators and public sector bodies with the obligation established by art. 21 21 para. (5) to transmit to ANCOM any update or new item on the information provided in art. 20 20 para. (1), under the conditions established according to art. 21 21 para. ((3); i) non-communication by the network operator of the reasons that led to the refusal of the request for authorization of the inspection, according to the provisions of art. 22 22 para. ((4); j) non-compliance by public administration authorities with the obligations provided in art. 26 26 para. (2), in accordance with the provisions of art. 26 26 para. ((4); k) non-compliance by providers of public electronic communications networks with the obligation to transmit and update the information provided by art. 40 40 para. (3), under the conditions established according to art. 40 40 para. ((4); l) non-compliance by the network operators or by the central or local public administration authorities of the obligations imposed pursuant to art. 40 40 para. ((6). ((2) In view of the individualisation of the sanction, in addition to the criteria art. 21 21 para. (3) 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, the period of time during which the legal obligation has been violated, as well as, if applicable, the consequences of the infringement on competition, will be taken into account. (3) In so far as this law does not provide otherwise, the contraventions provided for in this Article shall apply to the provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 43 (1) The control of compliance with the provisions of this law lies with ANCOM, which acts through the specialized personnel empowered for this purpose, hereinafter referred to as control personnel. (2) The control staff and its tasks shall be established by decision of the President of ANCOM. ((3) In the exercise of specific tasks, the control personnel may carry out control actions, including unannounced, within which they may request, mentioning the legal basis and the purpose of the request, any documents necessary for carrying out control, raise children from any registers, financial-accounting and commercial acts or other documents or documents, in compliance with the legal provisions in force. ((4) In the framework of the control actions, the control personnel may request and receive, on the spot or at the requested time, any information necessary to carry out the control and may set deadlines by which such information may be or provided, under the sanction provided in art. 46 46 para. ((1) lit. a), in compliance with the legal provisions in force. (5) The result of the control actions carried out by the control personnel will be recorded in a control note, except in the cases provided in art. 44 44 para. ((1). + Article 44 (1) Contraventions provided in art. 42 is found by the control personnel through the minutes of finding the contravention and application of the sanction, and the sanction applies by the president of ANCOM, by written resolution on the minutes of finding the contravention and application of the sanction. (2) Fines provided as sanctions for committing the contraventions provided in art. 42 can be applied to both legal entities and individuals. + Article 45 (1) In case of finding any of the contraventions provided in art. 42 42, ANCOM may order any measures necessary to ensure the cessation of the infringement and remedy the situation produced. (2) The measures provided in par. (1) shall be appropriate and proportionate to the infringement committed and shall provide for a period within which the supplier must comply with them. + Article 46 ((1) ANCOM may impose administrative fines in the amount of up to 30,000 lei for each day of delay, while also establishing the date from which they are calculated, in order to determine: a) the correct and complete provision of the information requested by ANCOM in accordance with the provisions of this Law; b) allowing the verification provided in art. 37 37 para. ((4); c) compliance with the decision issued in accordance with art. 38 38; d) submission to the control provided in art. 43 43; e) compliance with the measures ordered according to art. 45 45; f) compliance with the obligations provided by art. 47 47 para. ((6) and (10). (2) The decision of the President of ANCOM applying the sanctions provided in par. ((1) may be appealed in administrative litigation in accordance with the provisions of art. 12 12 para. (5) of Government Emergency Ordinance no. 22/2009 , approved by Law no. 113/2010 , with subsequent amendments and completions, and constitute enforceable title, without any other formality. ((3) The amounts resulting from the collection of the administrative fines established in par. (1) shall be fully retained as own income, permanently, at the disposal of ANCOM, and will be used in accordance with the provisions of the revenue and expenditure budget approved according to the law. + Chapter VII Transitional and final provisions + Article 47 (1) At the request of the entities referred to in 6 6 para. (1) or of providers of electronic communications networks, 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 90 days from the date of entry into force of the decision of the President of ANCOM provided for in 6 6 para. (4), in order to ensure compliance with the provisions of the (2) Until the date of entry into force of the decision of the ANCOM President provided for in 6 6 para. (4), requests for access to public property of the state and administrative-territorial units are applicable to their provisions art. 6 6, 8 and 13 of Law no. 154/2012 on the electronic communications network infrastructure regime and the administrative provisions issued in the application of these provisions. ((3) If, until the date of publication of the access conditions according to the provisions of art. 6 6 para. (1), works have been carried out on properties, but no contracts have been concluded to exercise the right of access to property, the entities responsible have the obligation to conclude these contracts in accordance with the provisions of this laws, within 90 days from the date of entry into force of the decision of the President of ANCOM provided for in art. 6 6 para. ((4). (4) After the expiry of the deadlines provided in par. (1) and (3), the clauses on tariffs for the exercise of the right of access to public property buildings, established and practiced in violation of the provisions of the ANCOM president's decision provided for in art. 6 6 para. ((4), are considered unwritten, and the amounts thus collected shall be returned to the providers of electronic communications networks from which they were charged. (5) In case of non-compliance with the obligation to publish the conditions in which the exercise of the right of access is performed, according to 6 6 para. ((1), (2) or (8), as well as in case of establishing access conditions or obligations with non-compliance with the provisions of art. 6 6, art. 9 9 para. ((4) or art. 12 12 para. ((3) and (4), ANCOM or, as the case may be, any person concerned may apply directly to the competent court, in order to oblige the entities referred to in art. 6 6 para. ((1), (2) or (8) to establish and/or to publish access conditions, in compliance with the provisions of this law. (6) Within a maximum of 30 days from the date of entry into force of this law, in the case of unequipped physical or fiber optic infrastructure installation projects provided for in art. 25 25 para. (1), for which no application was requested until the date of entry into force of this law, Law no. 154/2012 , 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 public electronic communications, in order to apply art. 25 25 para. (2), under the conditions established by this article. (7) Procedures for issuing the opinion according to art. 37 37 para. ((3) and art. 10 10 para. ((3) of Law no. 154/2012 , not completed until the date of entry into force of this law, as well as the acts issued by ANCOM within these procedures are subject to the legislation in force on the date of initiation, respectively their issuance. (8) Any changes or additions to the technical and economic conditions in which access to the infrastructure installed by the implementation of the projects provided in par. (7) shall be subject to ANCOM approval under the provisions of this Law. (9) In case of non-compliance by the central or local public administration authorities of the provisions of par. (6) or non-implementation within a maximum of 90 days of the approval issued by ANCOM according to art. 25 25 para. (2) for the projects referred to in par. ((6) or non-implementation within a maximum of 90 days from the date of entry into force of this law of the compliant notices issued by ANCOM pursuant to Law no. 154/2012 , by the decision of the President of ANCOM will be established and impose on persons implementing those projects of physical infrastructure or unequipped fiber optics, taking into account in the case of the opinion according to and its content, the conditions technical and economic in which the access of providers of public electronic communications networks is carried out. (10) Within a maximum of 60 days from the date of communication of the decision of the ANCOM President provided in par. (9), persons implementing physical infrastructure projects have the obligation to put into agreement the contracts for the exercise of the right of access already concluded with the technical and economic conditions of access established by ANCOM. (11) In compliance with the provisions of (12), the contracts for the exercise of the right of access to the private property in progress on the date of entry into force of this Law continue to produce their legal effects under the legislation in force at the time of their conclusion until expiry of the period for which they were concluded ((12) In the case of access contracts on, above, in or under the privately owned buildings of the state or administrative-territorial units, within 90 days from the date of entry into force of the decision of the President of ANCOM provided for in art. 6 6 para. (4), holders of the right of property, holders of other main real rights, holders of the right of use or administration on these buildings, as the case may be, will consider the compliance of the existing tariffs with the indicative tariffs provided for in art. 12 12 para. ((11). ((13) As of the date of entry into force of this Law, the provisions of the normative acts or administrative acts issued by the central or local public administration authorities pursuant to which the observance of certain conditions or payment of taxes, fees, charges and any other amounts for the access of public electronic communications network providers to the infrastructure of the network operators shall cease their applicability, requests for access made pursuant to provisions of Article 19 to be resolved, including with regard to access charges, in accordance with the provisions of this law. ((14) The clauses contained in the contracts for access to the infrastructure of the network operators, concluded before the entry into force of this law, which were imposed according to the provisions of the administrative acts provided in par. ((12), shall continue to produce its effects, including with regard to tariffs, only until the date of their amendment in accordance with the provisions of this Law. + Article 48 (1) Provisions art. 42-45 shall enter into force 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I. (2) Decision of the President of ANCOM issued under art. 35 35 para. ((3) of Law no. 154/2012 it shall remain applicable until the date of entry into force of the decision of the President of ANCOM 40 40 para. ((4). + Article 49 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 Article 2, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) The building permits for the installation of electronic communications networks, as well as the building permits for the installation of the physical infrastructures necessary for these networks, shall be issued in compliance with the technical regulations provided by legislation on the physical infrastructure of electronic communications networks and, where appropriate, on the basis of technical regulations on the design and construction of the buildings on which they are located. " 2. After Article 7 ^ 1 a new article is inserted, Article 7 ^ 2, with the following contents: "" Art. 7 7 ^ 2. -In order to issue the urbanism certificate, as well as the building permit for the execution of construction works on the installation and development of electronic communications networks and their related physical infrastructures, as well as the connection to electricity, at the request of providers of electronic communications networks: a) by exception to the provisions of art. 6 6 para. ((4) and art. 7 7 para. ((1) lit. b), the land on which electronic communications networks or physical infrastructure elements necessary to support them are to be installed or developed, which are not entered in the cadastre and land registry records, can be identified by the number of tarla and parcel, by way of ownership and minutes of possession, as well as by any other means of identification provided for by law; b) by exception to the provisions of art. 7 7 para. ((1) lit. b), constitute titles for the issuance of the urbanism certificate and the authorization to build the rental contracts concluded by the providers of electronic communications networks with the owners, other holders of main real rights, administrators, concessionaires, lessors, holders of the right to use free of charge land or construction on which electronic communications networks or physical infrastructure elements necessary to be installed or developed are to be installed or developed supporting them, as well as the connection to electricity, if those contracts explicitly include the consent of the owners for the execution of the construction works, or, in the absence of these tenancy contracts, the final court decisions that take place between the parties. " 3. In Article 11, paragraph 2 shall be amended and shall read as follows: " (2) They can be executed without a building permit and works for the location of tonettes, covered or closed desks, intended for the diffusion and marketing of press, books and flowers, which are located directly on the ground, without foundations and platforms, as well as without connections and/or connections to urban utilities, except for electricity, as well as repair/rehabilitation/retrofitting works, including modification, replacement or addition of electronic communications networks equipment where for these are not necessary and works on physical support infrastructure, carried out by beneficiaries of the general authorisation regime in the field of electronic communications and/or network operators. '; 4. Annex no. 2, after point 2 of the definition "Law on the execution of construction works", a new point is inserted, point 3, with the following contents: "" 3. right of claim acquired by: contract concluded under the conditions of specific legislation in the field of electronic communications infrastructure or final court decision to hold the contract between the parties. " 5. Annex no. 2, according to the definition of "Rehabilitation works", a new definition is introduced, "Major renovation works for the physical infrastructure of electronic communications networks", with the following contents: " ● Major renovation works for the physical infrastructure of electronic communications networks Civil engineering works or civil engineering works executed in the end-user space, which include structural changes to the entire inner physical infrastructure or a substantial part of it and requiring a building permit. " + Article 50 Government Emergency Ordinance no. 111/2011 on electronic communications, published in the Official Gazette of Romania, Part I, no. 925 of 27 December 2011, approved with amendments and additions by Law no. 140/2012 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 13, paragraphs 2, 4 and 6 shall be amended and shall read as follows: " (2) In the case of public electronic communications network installation projects carried out with the participation or support of central or local public administration authorities or financed, in whole or in part, from public funds, for the purpose the provision of publicly available electronic communications services that prevent, restrict or distort competition in the electronic communications sector or may have such an effect, providers of communications networks or services electronic access to these networks, in compliance with the principles non-discrimination, proportionality and objectivity. ....................................................... (4) The technical and economic conditions in which the provision of electronic communications services for the public or access to electronic communications networks is carried out in the case referred to in par. (2), as well as any amendments or additions to these conditions shall be subject to the approval of ANCOM, issued by the decision of the President within a maximum of 90 days from the date of registration of the document containing the proposed technical and economic conditions. ....................................................... (6) Administrative acts establishing any conditions for the operation of public electronic communications networks covered by the projects referred to in par. ((2) do not produce legal effects until the approval provided in par. ((4). ' 2. After Article 13, a new article is inserted, Article 13 ^ 1, with the following contents: "" Art. 13 13 ^ 1. -(1) In the case of projects for the installation of public electronic communications networks realized or in progress provided in art. 13 13 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 provision of electronic communications for the public or access to public electronic communications networks, with a view to applying art. 13 13 para. ((4), within a maximum of 30 days from the date of registration of a request in this regard from ANCOM. (2) In case of non-compliance by the central or local public administration authorities of the provisions of par. (1) or non-implementation within a maximum of 90 days of the approval issued by ANCOM according to art. 13 13 para. (4) for the projects referred to in par. (1), by the decision of the President of ANCOM shall be established and shall impose on the person or persons implementing those installation projects public electronic communications networks the technical and economic conditions in which the provision is made electronic communications services for the public or access to public electronic communications networks. (3) Within a maximum of 60 days from the date of communication of the decision of the ANCOM President provided in par. (2), persons implementing the projects referred to in par. ((1) have the obligation to put into agreement contracts for the supply of electronic communications services to the public or access contracts to those public electronic communications networks with the technical and economic conditions of access established by ANCOM. ' 3. In Article 120, after paragraph 8 two new paragraphs are inserted, paragraphs 9 and 10, with the following contents: " (9) ANCOM has the right to request the central or local public administration authorities provided for in art. 13 13 para. (2) all documents and information necessary for the application of art. 13 13 para. ((4) and (5). (10) If the documents and information transmitted according to par. (9) require additions or clarifications, the term provided for in art. 13 13 para. (4) shall be suspended from the date of communication of the request for completion or clarification, until the date of receipt of these additions or clarifications by ANCOM. " 4. In Article 135, paragraph 1 shall be amended and shall read as follows: "" Art. 135. -(1) Except for measures adopted pursuant to the provisions of art. 13 13 para. ((4), art. 13 ^ 1 para. ((2), art. 97 97 para. ((6), art. 116 116 or art. 117 117, ANCOM has the obligation to comply with the consultation procedure established by this article whenever it intends to adopt measures in application of the provisions of this emergency ordinance that are likely to produce a significant impact on relevant market. ' 5. In Article 151 (1), after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: " a ^ 1) compliance with the obligation provided in art. 13 ^ 1 para. ((3); ' + Article 51 Article 5 (3) of the Government Emergency Ordinance no. 34/2013 on the organisation, administration and operation of permanent grassland and amending and supplementing Law of Land Fund no. 18/1991 , published in the Official Gazette of Romania, Part I, no. 267 267 of 13 May 2013, approved with amendments and completions by Law no. 86/2014 , with subsequent amendments and completions, after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: "b ^ 1) the installation of underground or above-ground physical infrastructure elements necessary to support public electronic communications networks;" + Article 52 The date of entry into force of this Law shall be repealed Law no. 154/2012 on the electronic communications network infrastructure regime, published in the Official Gazette of Romania, Part I, no. 680 of 1 October 2012, except for the provisions of art. 6 6, 8, 13 and art. 33 33 para. ((1) lit. b), which will cease their applicability on the date of entry into force of the decision of the President of ANCOM provided in 6 6 para. ((4), as well as except the provisions of art. 42 42 section 1. * This law transposes: -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 Communities, L series, no. 108 of 24 April 2002, with subsequent amendments and completions; --provisions Directive 2014 /61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of the installation of high-speed electronic communications networks, published in the Official Journal of the European Union, L series, no. 155 155 of 23 May 2014. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 19, 2016. No. 159. ----------