Technology Country Guide, The In-House Lawyer, The Legal 500, August 2018

Are communications networks or services regulated? If so what activities are covered and what licences or authorisations are required?

Yes. The main legal instrument governing communication networks and services is the Government Emergency Ordinance no. 111/2011 on electronic communications (“GEO 111/2011”), which transposes the main EU provisions in the field of electronic communications. This legal instrument covers all activities in the field of communications networks and services. The GEO 111/2011 establishes the general framework for regulation of electronic communications networks and services, the authorization of such activities and promotes competition on the market. In addition, there is special legislation encompassing laws and emergency ordinances on certain topics as well as secondary legislation (mainly government decisions and enactments of the telecom body).

The provision of electronic communications networks and services is subject to (i) general authorization and (ii) licenses for the use of limited resources for the provisions of electronic communications networks and services, such as radio
frequencies, numbering resources and other associated technical resources. These licenses are subject to certain technical parameters and are granted for a limited period of time. The general authorizations as well as the licensees are issued by the National Authority for Management and Regulation in Communications (“ANCOM”) in accordance with its decision no. 987/2012 on the general authorization regime for the provision of electronic communications networks and services.