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EC requests Romania separation of telecoms regulation and property rights management

30 octombrie 2009

Information in English

The European Commission on Thursday initiated legal proceedings against Romania for breach of the EU regulations requiring the separation of the telecommunication regulatory authorities and telecom service providers.

The EU executive body on Thursday sent Romania a letter of formal notice, the first stage of an infringement proceeding. This is the second infringement proceeding initiated by the Commission against Romania in connection with the independence of the telecom arbitrator. The first such procedure, which is still pending, was initiated in January 2009 over the dismissal of the president of the regulatory authority.

“Guaranteeing that government regulatory structures are not concomitantly involved in ownership and control of state-owned telecommunication companies is one of the principles that ensures the independence and impartiality of national regulatory authorities in the telecommunications sector.

This separation keeps the regulation as safeguard for the interests of consumers and effective competition, which is the determinant factor for the leading position the sector of telecommunications holds in Europe,” said European Telecommunications Commissioner Viviane Reding.

“This principle must be observed in all cases where ministries fulfill regulatory tasks in the sector of telecommunications. I therefore call on the Romanian authorities to make sure that the country’s Ministry of Communications and Information Society meets this legal requirement,” Reding added. The Commission reiterated its call on Romania to make sure that the telecoms regulatory authorities have no business interests in the market under their authority.

The Romanian Ministry of Communications and Information Society also has certain responsibilities that, according to EU telecoms regulations, are specific regulatory competencies. These include the allocation and assignment of radio frequency bands and, most important, the adoption of the national frequency allocation table, as well as working out the legal acts adopted by the government on the management of the radio spectrum.

 

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