IT, Media and Telecommunications Newsletter No. 7/2009
Government Decision no. 921/2009 on the approval of the execution of the secured communication network for extended areas by the Ministry of Health together with the Special Telecommunications Service (“GD 921/2009”) was published in the Official Gazette no. 619 as of September 15, 2009. GD 921/2009 approves the execution by the Ministry of Health together with the Special Telecommunications Service (“STS”) of the secured communication network for extended areas, starting from 2010.
The STS is authorized to procure the local loop of data communications services in conformity with the public procurement legislation, as well as to manage the network based on the beneficiary’s requirements.
Government Decision no. 966/2009 on the approval of the execution by the Competition Council together with the STS of the secured communication network for extended areas (“GD 966/2009”) was published in the Official Gazette no. 618 as of September 14, 2009. GD 966/2009 approves the execution by the Competition Council together with the STS of the secured communication network for extended areas for the competition headquarters and territorial inspectorates. The STS is authorized to procure communication services from the public market for the Competition Council, observing the norms stipulated by the public procurement legislation, as well as to manage the network established based on the beneficiary’s requirements.
On the website of the National Authority for Management and Regulation in Communications of Romania (“ANCOM”), a document entitled “Letter by ANCOM to Cluj – Napoca City Hall in relation with the metropolitan network DuctCity” was published. The document analyzes the normative framework consisting in the Decisions of Cluj Local Council No. 705/2005, No. 565/2006 and No. 841/2007 and highlights the following issues:
– the contradiction between the local normative framework and the rules included in Government Emergency Ordinance 79/2002 on the general regulatory framework in communications (“GEO 79/2002”) with respect to the right of way;
– the risk for the application of the normative framework consisting in the decisions of Cluj Local Council to generate a monopoly on the infrastructure market in Cluj – Napoca;
– the lack of transparency and objectivity in establishing the prices used by CFO Integrator;
– the disproportionate nature of the sanction of cutting-off the electronic communication networks upon the expiry of the 45 – day term.
The document is available at the following web address: http://ancom.org.ro/Portals/57ad7180-c5e7-49f5-b282-c6475cdb7ee7/Adresa%20Primarie%20Cj%20final%20_2_.pdf
