THE RESOLUTION OF THE AGENCY ON REGULATION IN THE FIELD OF ELECTRONIC COMMUNICATIONS AND INFORMATION TECHNOLOGIES OF THE REPUBLIC OF MOLDOVA

of March 31, 2016 No. 7

About modification and amendments in the Regulations on the mode of general permission and issue of licenses to use of limited resources for provision of networks and services of electronic communications public approved by the Resolution of the NAREKIT Administrative board No. 57 of December 21, 2010

Based on provisions of Items a), b) and u) parts (1) Articles 9, Items a) and c) parts (1) Articles 10, parts (13) Article 23 and part (2) article 26 of the Law on electronic communications No. 241-XVI of November 15, 2007 (The official monitor of the Republic of Moldova, 2008, Art. No. 51-54, 155), with subsequent changes and amendments, the Law on regulation of business activity by licensing No. 451-XV of July 30, 2001 (переопубликован: The official monitor of the Republic of Moldova, 2005, Art. No. 26-28, 95), with subsequent changes and amendments, according to Item 14 and the subitem b) Item 15 of the Regulations on the National agency on regulation in the field of electronic communications and information technologies (NAREKIT) approved by the Order of the Government No. 905 of July 28, 2008 (The official monitor of the Republic of Moldova, 2008, Art. No. 143-144, 917), considering Rules of protection of networks of electronic communications and performance of works in conservation zones and on trasses of lines of electronic communications, approved by the Order of the Government of the Republic of Moldova No. 284 of April 13, 2009 (The official monitor of the Republic of Moldova, 2009, Art. No. 83-85, 365), the Report No. 194 of Committee of electronic communications (ECC) of April 17, 2013 of the European conference of administrations of postal services and communication services (CEPT), DECIDES: NAREKIT administrative board

I. The regulations on the mode of general permission and issue of licenses to use of limited resources for provision of networks and services of electronic communications public approved by the Resolution of the NAREKIT Administrative board No. 57 of December 21, 2010 (Official monitor of the Republic of Moldova, 2011, No. 22 24, of the Art. 127), registered in the Ministry of Justice of the Republic of Moldova for No. 808 of January 31, 2011, with subsequent changes and amendments, to change and add as follows:

1. Add with Item 7-1 of the following content:

"7-1. Notification contains acceptance by the applicant on itself responsibility for observance of conditions of general permission for provision of networks and/or services of electronic communications public and for authenticity of the submitted documents".

2. At the end to add Item 17 with the new offer of the following content:

"In this case the applicant can give new notification after elimination of the reasons which formed the basis for variation of the previous notification according to the procedure stated in this provision".

3. Add Item 28 with the new subitem 6) of the following content at the end:

"6) on management of electronic communications public of networks in conservation zones:

a) equip at own expense the roads, sidings, bridges and other constructions necessary for servicing of networks of electronic communications in accordance with the terms, approved with owners of the parcels of land or with other persons under whose authority the site which have no right to refuse to them providing necessary conditions for servicing of networks of electronic communications is;

b) dig holes, ditches, ditches for repair of networks of electronic communications with subsequent their backfilling;

c) cut down separate trees in case of accidents on networks of the electronic communications laid in forests, in the places adjoining on trasses of these networks without approval of bodies of environmental protection and forestry".

4. In Item 29:

1) the subitem 1) to change and state as follows:

"1) on interconnection

conduct negotiations, at the request of other authorized supplier in the conditions of this provision and according to the terms and conditions imposed by the Agency on agreement signature on interconnection with the corresponding applicant for the purpose of provision of services of electronic communications public, including services of electronic communications which are available to users by means of other network of electronic communications public which is mutually connected with network of the either party";

The subitem 2) at the end to add 2) with four new letters e), f), g) and h) the following content:

"e) provide services of electronic communications public with use only of the numbering resources from the National Plan of Numbering (NPN) of the Republic of Moldova allocated with the Agency;

f) not transfer/appropriate numbering resources from NPN to suppliers or end users for permanent use outside the Republic of Moldova and/or not allow permanent use of these resources of numbering outside the Republic of Moldova in any kind (the SIM, USIM, R-UIM, M2M cards - communications, DID - virtual numbers, etc.);

g) not make alienation of resources of numbering from NPN of the Republic of Moldova which are allocated with the Agency by means of the license or which are received in the course of portability;

h) not sell/transfer/appropriate in the territory of the Republic of Moldova resources of numbering of any kind (the SIM, USIM, R-UIM card, M2M-communication, DID - virtual numbers, etc.) which belong to national plans of numbering of other states and/or not to allow permanent use of these resources of numbering in the territory of the Republic of Moldova".

3) in the subitem 11):

a. lit.a) to change and state as follows:

"a) perform import of the equipment of electronic communications based on the contract of delivery with obligatory specifying in it the applied main requirements, with submission of the declaration of conformity published by the importer registered by certification body of products in the field of electronic communications according to the applied technical regulations";

b. add at the end of new lit.g) the following content:

"g) place in the market and/or use the equipment of electronic communications only on condition of compliance to the main requirements based on the declaration of conformity published under own responsibility by the producer, his authorized representative or the importer on the basis of technical documentation of the producer, confirming products compliance or based on the certificate of conformity issued by accredited and acknowledged certification body of products in the field of electronic communications. The equipment of electronic communications shall be marked according to the applied technical regulations";

To add 4) with the new subitem 12) of the following content at the end:

"12) on management of electronic communications of networks in conservation zones:

a) perform works on laying, building-up and repair of cable networks of the electronic communications lying on lands of agricultural purpose in gardens and vineyards, and also in the places adjoining on routes of networks according to the Rules of protection of networks of electronic communications and performance of works in conservation zones and on trasses of lines of electronic communications approved by the Government of the Republic of Moldova No. 284 of April 13, 2009 (The official monitor of the Republic of Moldova, 2009, Art. No. 83-85, 365);

b) after carrying out repair work to bring the earth of agricultural purpose to the state suitable for use in the agricultural purposes, and also to indemnify the loss caused to owners of the parcels of land or other persons under whose authority these sites, according to provisions of the Land code of the Republic of Moldova are. In case of accident the loss is indemnified according to provisions of the Civil code of the Republic of Moldova;

c) coordinate according to the current legislation working procedures on operation of networks of electronic communications in places of crossing automobile and the railroads, pipelines, the navigable rivers, lakes, water basins, channels, the territories of industrial enterprises, ways of access to airfields and private ownerships with transport enterprises, the industrial and other interested enterprises, bodies of local public authority of the first level, and also with owners of the parcels of land or other persons under whose authority these sites are".

5. Add with Item 32-1 of the following content:

"32-1. The declaration/statement for licensing for use of limited resources contains acceptance by the applicant on itself responsibility for observance of general terms of the license, and also where it is pertinent, special standard conditions of the license for use of the limited resources allocated for special strips of radio frequencies/channels or in appropriate cases for certain resources of numbering for which the license, and for authenticity of the submitted documents is requested".

6. Change and state Item 33 as follows:

"33. Are applied to the declaration/statement for licensing for use of radio channels or radio frequencies:

1) copy of the decision or registration certificate of the company or organization or copy of the identity certificate of physical person;

2) if necessary the conclusion about allocation of radio channel or radio frequency containing result of the selection, calculation and approval necessary for use of radio channel or radio frequency, except for that case when the radio channel or radio frequency is allocated on the basis of the invitation for submission of requests for issue of licenses to use of radio channels or radio frequencies, according to the decision on restriction of number of licenses to use of radio channels or radio frequencies;

3) if necessary the copy of the license for broadcasting or permission to relaying issued by competent authority in the field of television and broadcasting;

4) the power of attorney of the authorized person if the declaration/statement for licensing and/or other submitted documents are signed on behalf of the applicant – physical person by other person, and in case of the applicant – the legal entity - the other person, except the administrator (head) of this company or the organization;

5) the business plan containing the abstract description of network and/or services, qualitative indexes and conditions of provision of services, technical and financial capabilities of the applicant on implementation of the offered project and accomplishment of conditions of the license in case of issue by direct provision of the license to use of radio frequencies and radio channels which number is limited or, if necessary, the data showing technical and financial capability of the applicant to comply with license conditions".

7. Change and state Item 35 as follows:

"35. Are applied to the declaration/statement for licensing for use of resources of numbering:

1) copy of the decision or registration certificate of the company or organization or copy of the identity certificate of physical person;

2) if necessary the report on use of the resources of numbering allocated earlier for the same categories of services, and for geographical numbers the report on use of resources in the corresponding geographical zone;

3) the power of attorney of the authorized person if the declaration/statement for licensing and/or other submitted documents are signed on behalf of the applicant – physical person by other person, and in case of the applicant – the legal entity - the other person, except the administrator (head) of this company or the organization".

8. Add with Item 35-1 of the following content:

"35-1. Only the documents requiring updating or containing the data other than the data provided at the time of licensing are attached to the declaration/statement for prolongation, renewal, suspension, response, issue of copies and duplicates of the license".

9. Change and state Item 37 as follows:

"37. Licenses to use of the limited resources, except as specified, provided in Item 38 of this provision are issued free of charge by direct provision".

10. Change and state Item 38 as follows:

"38. Licenses to use of radio channels or radio frequencies which quantity is limited are issued to legal entities on the basis of the competition organized and which is carried out according to the objective, transparent, non-discriminatory and pro rata criteria established by the Agency or by direct provision if the granted right is the following step for already built and is authorized the provided network. These licenses are granted after payment of collection according to the rates established by the Government which are transferred into the government budget".

11. The subitem 1) of Item 41 in the Russian option remains without changes.

12. In Item 47:

1) in subitems 1), 2), 3), 7) and 9) of the first paragraph the word "statement" shall be replaced with words "declaration/statement";

The subitem 5) to add 2) with new subitem 5-1) of the following content:

"5-1) License are drawn up within three working days from the date of decision making about licensing or for the licenses granted for a fee within three working days from the date of receipt of the document confirming introduction of collection for licensing. The mark about date of acceptance of the document confirming introduction of collection for licensing is put down on the list of documents, accepted from the applicant on receipt of the license";

7) after the words "false information is found" to add 3) in the subitem with the words "or not authentic documents".

13. In Item 48:

1) in the subitem 1) of the first paragraph the word "statements" shall be replaced with words "declarations/statements";

3) the words "on the new form of the license" shall be replaced with words 2) in the subitem "the new form of the license is granted".

14. In Item 49:

1) the subitem 2) to change and state as follows:

"2) in case of the bases for renewal of the license its owner shall submit within 10 working days in accordance with the established procedure to the Agency the declaration/statement for renewal of the license together with the license which is subject to renewal and the documents confirming the specified changes (or their copies with submission of originals for reconciliation)";

2) the subitem 5) to change and state as follows:

"5) effective period of the renewed license cannot exceed effective period, specified in the former license";

3) the subitem 7) to change and state as follows:

"7) in case of issue to the renewed license on the new Agency form makes the decision on recognition of the invalid former license with entering of corresponding changes into the licensed register no later than the next working day after decision making. During consideration of the application about renewal of the license the owner can continue to perform the activities based on the certificate issued by the Agency. The decision on renewal of the license and in case of need about recognition of the invalid former license is accepted by the Agency and is reported to the applicant within 10 working days from the date of filing of application about renewal of the license and the appendices corresponding to it";

4) in the subitem 8) the word "becomes" to replace with the word "is recognized".

15. In Item 50:

1) in the subitem 1) of the word of "supporting documents or the damaged license on circumstances" shall be replaced with words "confirmations of publication in the Official monitor of the Republic of Moldova of the announcement of loss of the license or in need of the damaged license";

2) in the subitem 2), "with" to replace pretext with the union "and".

16. In Item 51:

1) the subitem 8) to change and state as follows:

"8) the Decision on renewal of action of the license is made by the Agency based on the statement of the owner of the license in the circumstances provided by the subitem 2) or the relevant decision of the degree of jurisdiction which made the decision on its suspension within three working days from the moment of receipt of the statement of the owner of the license or the notice of degree of jurisdiction, or the copy of the decision of degree of jurisdiction. The decision is brought to the attention of the owner of the license within three working days from the date of its acceptance";

10) the words "on use of radio channels or radio frequencies" to exclude 2) in the subitem.

17. In all text of provision the word "response" shall be replaced with words "suspension/response" in the corresponding grammatical form.

18. In Item 52 the subitem 2) to change and state as follows:

"2) If suspension/revocation of license is initiated by the owner of the license, he shall submit the corresponding application to the Agency. The decision on suspension/revocation of license in case of recognition of the invalid former license is accepted by the Agency within 10 working days from the date of submission of the corresponding statement".

19. In appendix 2:

1) in the first Section of the word "The registration certificate series …. number … …. date of issue:" shall be replaced with words "The decision or the registration certificate from … …. case No. … … territorial department";

2) in the third Section of the word of "registration certificate" shall be replaced with words "decisions or registration certificates";

3) in the fourth Section after the words "reliability of the provided data and" to add the word "authenticity".

20. In appendix 5 of the word "The registration certificate series …. No. from ….:" shall be replaced with words "The decision or the registration certificate from … …. case No. … … territorial department".

21. In appendix 6:

1) changes are not made to the Russian text;

2) in Item 3 of the word "The registration certificate series …. …… issued" shall be replaced with words No. "The decision or the registration certificate from … …. case No. … … territorial department";

3) in Item 8:

shall be replaced with words the words "registration certificates" "decisions or registration certificates";

after the words "reliability of the provided data and" to add the word "authenticity".

22. In appendix 7:

1) in Item 3 of the word "The registration certificate series …. …… issued" shall be replaced with words No. "The decision or the registration certificate from … …. case No. … … territorial department";

2) in Item 8:

shall be replaced with words the words "registration certificates" "decisions or registration certificates";

after the words "reliability of the provided data and" to add the word "authenticity".

23. In appendix 8 of the word "Date and Certificate Number of State Registration of the Owner of the License" shall be replaced with words "The decision or the registration certificate from … …. case No. … … territorial department".

II. This Resolution is subject to publication in the Official monitor of the Republic of Moldova.

Chairman of the NAREKIT Administrative board

Grigor Varanitsa

Members of the NAREKIT Administrative board

Korneliu Zhaloba To Yuriye Urs

 

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