ANISP welcomes cancellation of provisions most harmful to the electronic communications field, adopted by articles 77 and respectively 85 of GEO 114/2018.
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.
On March 19, 2019, we wrote about Timişoara City Hall starting cutting aerial communications cables overnight, affecting several networks and users of communications services, including some educational institutions precisely during the simulation for the Baccalaureate exam and the registration for the preparatory class. Photo: https://www.opiniatimisoarei.ro
ANISP reiterated on that occasion that it supports the development of underground networks and the migration of aerial cables into dedicated subterranean ducts (in urban areas), but also that the migration of communication infrastructure should not be done in a hastily, recklessly, without an action plan which to take into account the real life situation.
We are glad that after the events of March 2019, the Timișoara City Hall chose to collaborate more closely with telecommunication operators in order to avoid service interruptions. Thus, on May 29, 2019 a meeting was held, attended by representatives of the municipality headed by the mayor, officials of the regulatory authority (ANCOM), representatives of telecom operators and of infrastructure companies.
During this session, an action plan agreed with the majority of participants was established. It provides for new actions, terms and conditions (eg. to provide operators with existing underground infrastructure plans, migration of central district cables by 30.06.2019 to the underground infrastructure belonging to operators and to municipality, subject to the existence of necessary capacity; and potential extension of this deadline, should new infrastructure needs being built).
The City Hall also took note that allegations regarding telecommunications operators predominantly having illegal aerial networks are false: there exist construction permits and lease agreements with the infrastructure holders.
We appreciate the openness shown by the local authorities, but we believe that such cooperation should have been considered from start – with multiple benefits for all parties involved: there would have been no interrupted communications services, no unjustified additional costs for operators and the city hall would have seen its objectives achieved faster. We encourage central and local authorities everywhere not to go unilaterally to hasty actions and to show openness, to optimally solve the citizen’s and industry’s problems.
Today, May 14th, 2019, FiberNET – a member of the UCS group, mostly focused on communications services – joined ANISP.
The FiberNET portfolio has been expanding permanently, thus the company is currently providing the following products and services:
• High speed and capacity data transmissions;
• Structured cabling and Data Center infrastructure;
• Communication and Security Systems.
FiberNET offers companies and organizations interested in interconnecting remote locations a full range of services, including:
• design of fiber optic transmission networks;
• execution & installation of aerial and underground fiber optic networks;
• interconnection solutions through its own metropolitan network;
• fiber optic maintenance services.
The interconnection solutions provided through the metropolitan network use an infrastructure that ensures points of presence in virtually all areas of Bucharest. Transmissions are provided by Alcatel-Lucent or ADVA DWDM equipment from the WaveStar and Metropolis series, with SDH multiplexing and transport capacity of 2 Mbps-2.5 Gbps, ETH 100 GbE or FC 16GbE.
The network thus implemented allows centralized management, providing an SLA of 99.9%. The topology of the network is redundant, including at the operating center level, and allows for the provision of various services, from complex and protected multi-location topology, to simple, point-to-point unprotected links, of various capacity. One can also rent “dark-fiber” services.
The company operates its own FO network with virtually complete coverage of Bucharest and has presence across the country through its partners. In the capital city the network is conceived as a multi-ring structure that provides redundancy at physical level. More than 85% of all cables are currently underground, the work of migrating the aerial routes into underground infrastructure being a permanent ongoing process.
In connection with several incidents where certain local authorities started decommissioning aerial networks before the subterranean alternative was available, ANCOM issued the following statement:
“It is worrying that although an effective legislative instrument for the development of the communications infrastructure, namely Law no. 159/2016 on the physical infrastructure of electronic communications networks, was created with sustained efforts, we find ourselves today in critical situations where users no longer have access to telephony or internet services due to forced interventions. I reiterate that both the public authorities and the communications operators have at their disposal the legal framework within which they act and I urge them to understand and to translate into practice their legal rights and obligations . ANCOM will continue to get involved in ensuring the good functioning of the market, we will continue to issue the necessary secondary legislation and inform all the actors involved in its application, “said Sorin Grindeanu, president of ANCOM.
Applying the Infrastructure Law
In line with the European regulatory framework for electronic communications, the provision of electronic communications networks is freely available on the basis of the general authorization regime.
In cases where public authorities have developed, either individually or in public-private partnerships, underground infrastructure for the installation of electronic communications networks, the migration of communication networks to the underground infrastructure must be done according to a schedule agreed between operators and local authorities based on a resettlement plan which should be considered when developing the underground infrastructure, thus allowing a realistic scheduling of the necessary activities for migrating the networks.
In situations where there is no underground alternative that could be used by the providers of electronic communications networks for the underground migration of installed aerial networks, ANCOM encourages and supports, through its legal instruments, the active involvement of local authorities in building these alternative underground infrastructures, measures that could ensure both the community’s urban planning objectives and the possibility of carrying out activities that could generate revenues to the local budget. The activities related to the underground migration of an aerial electronic communications network are not achieved by reuse of existing cables and equipment, it requires good planning, assuming the installation of a totally new network. They include, besides the installation works for which the building permit is required, the design of both the physical infrastructure (piping, drawing rooms) and the actual network of electronic communications (cables, equipment), the evaluation and acquisition of the the necessary infrastructure and network, their transport and installation in the field, the carrying out of tests and measurements, and finally the commissioning of the new underground network segment, prior to the decommissioning of the aerial network, in order to preserve the continuity of services.
“Measures to dismantle the aerial networks, with the interruption of the provision of communications services to end-users, can not, in our opinion, constitute a sustainable approach, including in relation to the major interests of local communities. We must remember that easy access to electronic communications is the basis of all sectors of a modern and innovative economy, contributing to the improvement of the quality of public services, especially education, health or local government. We, at ANCOM, have expressed our willingness to mediate a dialogue between local authorities and operators in order to find the right solutions for both parties, so the impact of network transition to underground infrastructure is minimal on end-users”, the ANCOM’s president added.
It is especially important that there is a certain balance between the application of urban planning rules and the promotion of competition, to support the development of new physical infrastructure for electronic communications networks and services and, at the same time, to ensure the observance of urban development regulations.
ANCOM considers the collaboration between local public authorities and the providers of electronic communications networks as being useful and absolutely necessary, in order to develop the underground infrastructures on areas as extended as possible within the municipalities and towns, as well as to ensure the easiest migration of the aerial networks to underground ducts, in order to improve the urban aspect, to stimulate the socioeconomic development and to increase the citizens’ quality of life.
Law no. 159/2016 on the Physical Infrastructure Regime of Electronic Communications Networks stipulates that the entities exercising the right of administration over the public property, including the authorities of the central or local public administration, have the obligation to publish the conditions for access to these properties, including the maximum tariffs be perceived to providers of electronic communications networks for this access. Detailed information on the provisions of the Infrastructure Law, as well as ANCOM’s decision on the maximum access charges on public property, approvals and approvals issued for infrastructure networks developed by some local authorities, conditions for access to public property of the state or of the administrative-territorial units and many other specific information is available on ANCOM’s website here .
SEEDIG (South Eastern European Dialogue on Internet Governance) organizes the 5th meeting on 7 & 8 May 2019 at InterContinental Hotel Bucharest.
Details regarding the “Shaping a Trusted Internet for All” event can be found on the organizers’ web pages:
SEEDIG 5 – Schedule (Security and trust / Building trust in digital technologies: a threat or opportunity for the environment? / Technical developments in South Eastern Europe / Multilingual Internet: local scripts by default / SEEDIG Cryptoparty / Businesses in the digital era: opportunities and challenges / Canal and the challenges of online content / Canned and protected languages in the digital age? / Accessible, affordable and affordable digital technologies for all / Jobs gained , jobs lost: the future of work and the skills of tomorrow)
SEEDIG 5 Website – complete details about the event
Online signup until April 30!
ANISP and RONIX have partenered # 2019 IT & C SUMMIT Cyber Security, Critical Infrastructure and New Business Technologies, to be held on the 8th of May, 2019, at Pullman Hotel, New York City Hall, Montreal Square 10, Bucharest, sector 1. # 2019 The IT & C Summit is organized by Newsweek magazine and aims to bring together all cyber-security actors in Romania: the Ministry of Communications and Information Society, CERT-RO, companies providing cyber security and companies using such services and for which the protection in the online environment is of strategic importance. On behalf of ANISP, Mr. Cătălin Cuturela, President, will participate as Speaker.
The event will focus on the post-2020 European digital strategy , but also on artificial intelligence as a potential for business & community development as well as for improving the living standards. Strategic directions proposed by the most important companies in the field and new trends in IT & C services for business will be presented. With the transposition into national law of the NIS Directive, Law 362/2018 on ensuring a high common level of network and information security, all companies providing services essential for the population must reduce the risks of cyber attack and adequate take technical measures. This means increased budgets for cyber security systems and services. The goal is to provide all participants information on the obligations covered by Law 362/2018 to ensure a high level of security of networks and IT systems, projects and technologies to be implemented, ways to ensure cooperation between the business environment and the administration to increase the level of cyber security.
Invitations to participate have been launched to utilities, transport, financial, health, digital service providers (online markets, online search engines, cloud computing, hosting, etc.) sectors as well as to the press.
Access to # 2019 IT & C SUMMIT can be granted as Partner or Participant.
For registration as a Participant it is necessary to fill in the form here: https://events.newsweek.ro/itc-summit-2019
To become a Partner of the event, having visibility in the debate through a presentation, promotion and the possibility of distributing commercial material, contact the organizers at email@example.com
ALEF announces the conference dedicated to cloud soluțiilor – April 11th, Crown Plaza Hotel, Bucharest:
It is our pleasure to invite you on the 11th of April, 2019, at the 3rd edition of the Cloud Conference, organized together with our partner, Avaelgo. You will be able to meet our trainer, Valentin Ghiță, one of the top Microsoft Cloud speakers of the event, together with our Alef Microsoft Team.
We hope to see you there!
Top 5 Reasons to Attend the Cloud Conference:
Romania’s entry into the 5G era will be intensively debated at the 2019 edition of the Communications Day conference. Alexandru Petrescu, MCSI Minister and Sorin Grindeanu, ANCOM President, the European Commissioner for Digital Economy and Society, as well as representatives of the main players in the communications industry are invited. The event will take place on Wednesday, April 3, 2019, at Crowne Plaza Hotel, Bucharest.
Invitations will address issues related to preparations for 5G launch in Romania, with reference to the spectrum auction, requirements, rethinking spectrum usage, national roaming, 5G pilot projects, pre-commercial testing, 5G government services, network security , services, 5G applications and connected objects, incentives for the adoption of 5G technology. The talks will also point to Romania’s connection to high-speed networks (RoNET Project and its continuation) and infrastructure law. The discussions will be moderated by Mihai Constantin, TVR presenter and Executive Director of the Romanian Mobile Operators’ Association. Several ITC professional associations have already announced their participation by signing collaborative partnerships: the Association for Optical Fiber (AFOR), the Digital Alliance for Romania, the ANIS, the Romanian Association for Electronic Industry and Software (ARIES), the National Association of Internet Service Providers in Romania. (ANISP), Interlan, the Romanian Association for Security Technique (ARTS), the Romanian Water Association (ARA), the National Association for the Information Systems Security (ANSSI), etc.
For more information and registration visit the event site:
Some telcos, members of ANISP, reported that Timisoara City Hall started yesterday (18 March 2019) actions to remove aerial cables / networks in certain areas of the city. Photo: https://www.opiniatimisoarei.ro
ANISP supports the development of underground networks in urban areas as they have clear advantages over aerial networks, both aesthetically and in terms of infrastructure security.
In order to move the existing aerial networks underground, telcos expect to find true partners in the local authorities – to cooperate for finding the best solutions in the general interest of both citizens and business environment, whose healthy development is also reflected in the welfare of citizens.
That is why we believe that local authorities, before proceeding to unilateral actions of dismantling aerial communications infrastructure, must make sure alternatives are offered – as in Oradea (a project developed by the City Hall and RCS-RDS) or Bucharest (a project developed by the City Hall and Netcity Telecom) etc.
In these examples, once an alternative subterranean infrastructure was available, telecommunications operators immediately started migrating to underground networks, so the local authorities obtained multiple benefits:
In places where the underground migration alternative exists (for example, subterranean ducts), local authorities must allow enough time for migration, since:
We ask the local authorities in Timisoara (and any other territorial administrative unit) to postpone aerial networks dismantling until alternative (underground) solutions are available to allow for a safe relocation of the fiber optics cables. Also, where elements of underground infrastructure exist, the involved parties need to make sure that such can be used (for example: are not clogged, are not not interrupted, they really reach the buildings to be connected and access is made in a non-discriminatory way and at fair prices).
ANISP makes the following statements related to the action opened by the Bucharest City Hall and the project company Netcity Telecom against ANCOM President’s Decision no. 40/2019, a decision correcting a number of abusive provisions met in the contracts for accessing the underground communications city infrastructure:
ANCOM Decision 40/2019 is a very important act for the communications sector development in Bucharest and nation-wide. Prior to adoption of ANCOM’s decision 40/2019, development of fiber optic communications networks was hampered by exaggerated access fees – by the Netcity Telecom project company.
Having a monopolistic position on the market for access to underground infrastructure and interpreting for its own benefit certain provisions of the concession contract executed with the General Council of Bucharest Municipality, the project company Netcity Telecom imposed tough technical and economic conditions on the business environment, obliged to comply under the threat of immediate dismantling of previously existing networks.
As a result, many of the alternative operators have disappeared and networks development has slowed down. Restricting competition in any sector leads to higher end-user rates and lower quality services.
Even some directions declared as priorities in governmental policies (Romania’s digitalization, 5G adoption, IoT, e-government, telemedicine etc) are endangered by unregulated monopolies / oligopolies. For example, in order to the fully take advantage of the 5G technology, it is necessary to construct high density networks having fiber optic backhaul. A prohibitive cost of installing optical fiber cancels the benefits of 5G.
In view of the above considerations, Law 159/2016, which transposes into Romania a European directive on the reduction of the cost of installing communications networks (Directive 2014/61/EU), was strictly necessary and its necessity has been manifested for many years. Law 159/2016 in turn imposed ANCOM, by art. 47. par. 9, to take regulatory action in such situations as the Netcity project.
The community of communications service providers grouped in ANISP considers ANCOM’s decision 40/2019 to be an important step in the right direction, in all relevant respects (for reasons of development of the strategic sector of electronic communications, for economic, social, legal reasons) . We also call on Bucharest City Hall not to look at this decision only from the narrow perspective of lowering (albeit not very significant, if any) its revenues from the corresponding royalty fee, to cancel the court action against ANCOM 40/2019 decision – and to support the development which will bring much more benefits to the inhabitants of Bucharest, both directly (through the services offered) and indirectly (through the taxes paid by the companies that will be able to develop once the monopolistic barriers are eliminated by ANCOM regulations).
We believe the chances of success in court for PMB’s action are very low, as there can be no solid reasoning for canceling ANCOM’s decision 40/2019; a waiver of this legal action means saving time and money.
Last but not least, ANISP expresses its support for the development of the Bucharest underground infrastructure (Netcity), but only under the provisions of Law 159/2016 and under the conditions legally imposed by the market arbitrator – ANCOM.
File references, according to the just.ro portal: