Legislative consultations on the security of 5G networks and on the transposition of the European Electronic Communications Code

Between August and November 2020, ANISP joined the consultations organized by the Ministry of Transport, Infrastructure and Communications regarding the elaboration of some legislative acts.

Thus, regarding the draft law on the security of 5G networks, ANISP stressed the importance of ensuring a correct balance between security requirements and those on free competition. The Association also drew attention to the need to carefully define the notions subject to regulation, in order to ensure the necessary clarity of the law and to avoid over-regulation in the case of network elements that are not strictly related to 5G and / or are not affected by the considered threats (i.e.: passive elements).

Regarding the draft law for the transposition into national law of the European Electronic Communications Code (Directive 2018/1972), ANISP argued the need to clarify, amend or introduce articles on:

• provision of road infrastructure projects with solutions for electronic communications infrastructure, early – from the design phase;
• facilities for the execution of coexistence studies necessary for the deployment of the communication infrastructure elements on existing infrastructures;
• including the installation, maintenance, repair, replacement, modification, refurbishment, relocation or removal of fiber optic cables installed directly in trenches, mini- and micro-trenches – in the category of works that can be performed by the providers of electronic communications services without notice and without a building or demolition permit;
• other conditions to facilitate the construction and management of electronic communications networks.