168 views

Law on the infrastructure of the electronic communications networks

The Official Gazette of Romania, Part I, no. 680 of October 1st 2012 has published law no.154/2012 on the infrastructure regime of the electronic communications networks.

The law establishes the conditions under which access is granted on public or private property in order to install, maintain, replace or relocate  electronic communication networks or the infrastructure elements neccesary to sustain them, the use of shared infrastructure elements, as well as some of the measure on constructing the electronic communications networks.

The electronic communication network providers shall have the right to access the properties above, in or under buildings that are of public property, including roads, bridges, tunnels, tehnical municipal galleries, passages and viaducts, piers and pillars, forests and farmland if they furfill the following conditions:

– exercising this right does not come into conflict with the specific requirments of town planning, landscaping or construction quality or the environmental protection, health, defense, public order and national security, which must comply with the other activities that are being carried on, over,in or under the buildings mentioned above.

Providers of public electronic communications network shall have the right to access the properties above, in or under buildings that are private property if the following conditions are met:

– the right to use the buildings mentioned above does not affect or is being affected to a degree by making these works often insignificant, if another electronical communications network providers authorized under the legislation in the fields of electronic communications, has already completed works of access in, on, under the mentioned. The right to use the buildings should not permanently be affected by additional tightening by making such new works;

– performing work on property access is at variance with the specific requirements of town planning, landscaping or construction quality or the environmental protection, health and public order, which must comply activites taking place on, over, in or under buildings in question;

– the private property holder must consent to the affected property to enter into a contract by which to establish the conditions for exercising the right of access to private property or, in case of refusal to be a final judgment, which becomes a contract between the parties.

>> The source: JURIDICE.ro

Diana STOICA

Related posts