GEO 114/2018 – harmful provisions canceled

ANISP welcomes cancellation of provisions most harmful to the electronic communications field, adopted by articles 77 and respectively 85 of GEO 114/2018.

Details: https://www.anisp.ro/en/blog/2019/01/23/oug-114-2018-industry-feedback/

Thus, through GEO 54/2019 the radio spectrum over taxation was eliminated, the principle of computing the ANCOM monitoring fee based on the actual needs (strictly to cover the Authority’s administrative expenses) was reinstated and the penalty of up to 10% of the turnover – for the suppliers which conclude contracts for installation, maintenance, replacement of electronic communications networks and infrastructure elements or which perform access works on properties, without the right of access or without a building permit – was suspended again until March 15, 2020.

Articles 77 and 85 of GEO 114/2018 remain unfortunate examples of profoundly wrong regulation, made with unjustified haste, without consulting the social partners; regulations that had negative effects on economic and social development and which have unnecessarily consumed the resources of the government, the regulatory authority as well as the operators.

We would like to point out that suspending the application of penalties up to 10% of the turnover for the suppliers that conclude contracts to install networks or perform access works on properties, without the right of access or lack of building permit is NOT a solution; these special sanctions for telecommunications must be canceled, as there are already provisions generally applicable in the legislation on the discipline in constructions.