IT, Media and Telecommunications Newsletter No. 4/2010

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Within Official Gazette no. 347 dated 26 May 2010 it was published the Decision of the National Authority for Management and Regulation in Communications (“ANCOM”) no. 338 dated May 4, 2010, related to the new general authorisation regime for the electronic communications providers (hereinafter „Decision no. 338/2010”).

As regards the new general authorization regime for the electronic communications providers, in force as of 29 May 2010, the major amendments concern the Standard Notification Form and the Service Description File, triggering all electronic communications network and/or service providers’ obligation to submit a re-authorization request to ANCOM, no later than 31 December 2010.Also, the Decision no. 338/2010 contains specific provisions regarding the regime of foreign entities, new instances in which the right to provide electronic communications networks or services ceases, details the procedure of suspending this right and stipulates the providers’ obligation to send to ANCOM the list of localities where they actually provide public terrestrial networks at fixed locations, on physical support.

In the Official Gazette no. 357 dated May 31, 2010 it was published the Government Resolution no. 464 dated 12 May 2010 related to the granting of the licenses for the use of radio frequencies in the digital terrestrial television system and for amending the Strategy for the switchover from analogue television to digital terrestrial television and the implementation of the digital multimedia services at national level, approved by the Government Resolution no. 1.213/2009 (hereinafter „GR no. 357/2010”).The calendar envisaged in the strategy, amended by GR no. 357/2010, includes the following:
• coverage of minimum 60% of the population and 50% of the territory for the multiplexes Free to air, until latest June 30, 2011;
• coverage of minimum 80% of the population and 70% of the territory for the multiplexes Free to air, until latest December 31, 2011;
• coverage of minimum 90% of the population and 80% of the territory for the multiplexes Free to air, until latest June 30, 2012.
The license fee shall amount between minimum 1 million and 2.5 millions Euro.Within the first stage of the switchover, until latest July 30, 2010, for two licenses for the national use of radio frequencies, ANCOM shall organize a procedure for selection, which is already launched for public consultation, on ANCOM’ s web-site.Further on, until October 31, 2010, shall be granted, through similar procedures, four digital regional multiplex.

In the Official Gazette no. 330 May 2010 it was published the ANCOM decision no. 339 dated May 4, 2010 related to the changes in numbers’ porting tariffs (hereinafter „Decision no. 339/2010”). As a result of the Decision no. 339/2010, the maximum tariff to be charged from the acceptor provider was set at: (a) 7.8 Euro (compared to 13 Euro – the maximum value currently in force) for each ported number, in case of the portability of (i) geographic numbers, (ii) location-independent numbers and (iii) non geographic numbers, other than those allotted for mobile telephone services; or (b) 5.6 Euro (compared to 11 Euro currently) for each ported number, in case of the portability of non-geographic numbers allotted for mobile telephone services.

In the Official Gazette no. 276 dated April 28, 2010 it was published the Government Resolution no. 195 /2010 regarding the approval of the National Strategy “e-Romania” (hereinafter „GR no. 195/2010”)

The Ministry of Communications and Informational Society (“MCSI”) shall implement, during 2011-2013, based on an action plan, a national strategy with the aim to guide the entire public sector to the informational society. Scope in which, it shall be allocated the following funding:
Year Amounts (lei)
2010 245.,00,000
2011 714,500,000
2012 575,800,000
2013 364,800,000
In this respect, the main instrument of action shall be the e-Government system, including various technologies of increasing the quality of public services (internet, phone interaction with the administration, payment of taxes through phone messaging, informing though TV networks, etc.) that back-ups the integration in a wider concept “Digital Romania”.

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