A premiere for Oradea: ANCOM forced RCS & RDS to give all operators access to their phisycal infrastructure

RCS & RDS will have the obligation to grant access to its infrastructure to all requesting suppliers in the town of Oradea, according to a decision taken by ANCOM today. The decision was based on the fact that RCS & RDS has build the network with the help of the local public administration.

ANCOM debated and adopted together with the industry, during the meeting of the Consultative Council today, the decision establishing the technical and economic conditions in which the access of the providers of public electronic communications networks to the physical infrastructure will be realized by RCS & RDS in Oradea. The decision will enter into force immediately after it has been officially notified to RCS & RDS.

Considering that the infrastructure implemented by RCS & RDS in Oradea is carried out with the support and participation of the local public administration, the technical and economic conditions in which access to this infrastructure is achieved are subject to approval or, as the case may be, are set and imposed by ANCOM.

Thus, RCS & RDS has the obligation to grant access to the infrastructure to all the requesting suppliers, in compliance with the conditions established by ANCOM. The conditions established by ANCOM also apply to the providers that already have access to the RCS & RDS infrastructure. ANCOM has established the conditions of access respecting the principles of non-discrimination, proportionality and objectivity.

Tariffs and costs

The decision of the Authority stipulates that the tariffs used by RCS & RDS will not exceed EUR 84.1  / km / month for the fiber optic rental service, EUR 1  / pc / month for fiber optic rental service, EUR 2.56 / 0,014mc / month for the room / room rental service and EUR 13 / hour / location for the technical assistance service. In the case of the installation of copper cables, the tariffs for the first two services are adjusted in proportion to the section of these cables. Maximum rates do not include VAT.

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Obligations of RCS & RDS

RCS & RDS will have the obligation to publish on its website a reference offer for access to the infrastructure, including all essential infrastructure information as well as a standard access contract. Both the reference offer and the standard access contract must comply with the conditions that ANCOM has established. The company has at its disposal a maximum of 60 days from the date of communicating the ANCOM decision to agree the contracts in force with the provisions of the decision.

Upon request of the Authority, RCS & RDS has the obligation to modify the reference offer, the standard access contract or the access to the infrastructure to comply with the provisions of the decision. The operator must also provide a point of contact for managing requests for access to infrastructure and responding to requests for information received from interested suppliers.

In order to ensure the transparency of infrastructure network management, RCS & RDS will publish the updated evidence on free space available for infrastructure elements.

Another obligation concerns the provision of response times and troubleshooting of the infrastructure, depending on the type of infrastructure network failure. In the event of non-compliance with the fault timing indicators, RCS & RDS will have to provide the affected supplier with a compensation calculated based on the monthly invoice amount due from the supplier for using the infrastructure elements.

RCS & RDS has the obligation to redistribute on a quarterly basis the actual income-related expenses due to Oradea, taking into account the revenues obtained from the access beneficiaries, as well as the hypothetical incomes obtained as a result of providing access to the infrastructure for the installed own network.