05BUCHAREST1459 / 2005-06-29 13:05:00
Embassy Bucharest
                UNCLAS BUCHAREST 001459 
 
SIPDIS 
 
DEPT FOR EUR/NCE - WSILKWORTH 
DEPT FOR EB/CIP - TFINTON 
USDOC FOR 4232/ITA/MAC/AUR/OEERIS/CEED/JBURGESS/JKIMBAL L 
USTR FOR JONATHAN MCHALE/PAUL NEUREITER 
 
E.O. 12958: N/A 
TAGS: ECPS, ETRD, ECON, EU, RO, Telecommunication Agreement 
SUBJECT: ROMANIA: LICENSING CONDITIONS IN TELECOM SECTOR 
 
REF: STATE 114687 
 
1. Embassy's Economic Section contacted Alexandrina Hirtan, 
Vice President of the Romanian National Regulatory Agency 
for Communications (ANRC), in connection with licensing fees 
for fixed telephony.  Embassy has received the following 
responses to Reftel questionnaire: 
 
2.  Regarding fees charged for licensing fixed line services 
in excess of what is necessary to cover administrative 
costs: Romanian Government (GOR) Emergency Ordinance 
no.79/2002 on the general regulatory framework for 
communications, approved, with amendments and completions, 
by Law no.591/2002, established the general authorization 
regime, which replaced the former procedure requiring every 
provider of electronic communications to obtain an 
individual licence.  The current general authorization 
procedure, under which the interested companies are granted 
the right to enter the Romanian market as providers of 
electronic communications services or networks, is free of 
charge.  Therefore, ANRC does not charge a tariff for the 
authorization of the providers of electronic communications 
services or networks, including fixed telephony services. 
 
3. Providers of electronic communications services, however, 
must pay an annual monitoring tariff to ANRC.  According to 
the provisions of art.47 par.(1) of the GOR's Emergency 
Ordinance (E.O.) Number 79/2002, "the providers of 
electronic communications networks and services authorized 
pursuant to this Emergency Ordinance must pay to ANRC an 
annual monitoring tariff, calculated as a percentage from 
the turnover of each provider."  By way of exception, art.47 
par.(8) sets out that "the persons authorised pursuant to 
Art.4 to provide exclusively for their own needs electronic 
communications networks and services using radio-electric 
frequencies shall be exempted from paying the annual 
monitoring tariff." 
 
4.  The annual monitoring tariff is calculated as a 
percentage of each provider's turnover. This percent is 
determined each year, without exceeding 0.5%, as the ratio 
between (a) the expenses estimated for the current year, 
provided for in the ANRC's budget, approved according to 
art.42 of Government Emergency Ordinance no.79/2002, amount 
from which the revenues provisioned from other sources, as 
provided for in the approved budget, shall be deducted; and 
(b) the cumulative turnover for the previous year of all 
providers of electronic communications networks and services 
who owe the annual monitoring tariff. 
 
5.  The monitoring tariff owed by each provider is 
calculated using (a) the percentage determined according to 
the provisions mentioned above, and (b) the revenue of the 
provider concerned for the previous year. 
 
6.  Regarding licenses for the use of numbering resources, 
ANRC can grant the right to use certain numbers from the 
National Numbering Plan, upon request, to any provider of 
publicly available electronic communications services 
authorized under art.4 of GOR's E.O. no.79/2002. ANRC may 
ask the holders of licenses to pay a certain tariff for the 
use of numbering resources.  At this moment, the use of 
numbering resources is free of charge. 
 
7.  ANRC neither imposes any capitalization or bonding 
requirements nor any build-out investment requirements. 
DELARE 

            
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