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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 17, 2019 No. 643

About approval of the Regulations on the organization and functioning of the National agency on regulation in the field of electronic communications and information technologies

(as amended of the Order of the Government of the Republic of Moldova of 22.12.2020 No. 936)

Based on part (7) article 8 of the Law No. 241/2007 on electronic communications of year (repeated publication: The official monitor of the Republic of Moldova, 2017, Art. No. 399-410, 679), with subsequent changes, DECIDES: the Government

1. Approve Regulations on the organization and functioning of the National agency on regulation in the field of electronic communications and information technologies it (is applied).

2. Declare invalid the Order of the Government No. 905/2008 about approval of the Regulations on the National agency on regulation in the field of electronic communications and information technologies (The official monitor of the Republic of Moldova, 2008, Art. No. 143-144, 917).

Prime Minister

Ion Kiku

Countersigns:

Minister of Economy and Infrastructure

 

Anatol Usaty

Approved by the Order of the Government of the Republic of Moldova of December 17, 2019 No. 643

Regulations on the organization and functioning of the National agency on regulation in the field of electronic communications and information technologies

Chapter I General provisions

1. The regulations on the organization and functioning of the National agency on regulation in the field of electronic communications and information technologies (further – the Provision) regulate mission, fields of activity, functions and the rights of the National agency on regulation in the field of electronic communications and information technologies (further - the Agency), and also procedure for the organization of its activities.

2. The agency is the central body of the public power for regulation of the market of services in areas of electronic communications, mail service and information technologies, has the status of the legal entity with the independent budget which is not depending on suppliers of networks and/or services, vendors of the equipment of electronic communications, mail operators, and also from the Government (except as specified, provided in part (7) Articles 8, Item d) parts (1) Article 9 and part (3) article 11 of the Law No. 241/2007 on electronic communications).

3. The agency has seal with the State Emblem of the Republic of Moldova and the name in state language, own balance, accounts on single treasury account of the Ministry of Finance, and also financial and appliances.

4. In the fields of activity the Agency cooperates with the central and local authorities of public management, and also with the international bodies.

5. For accomplishment of the assigned tasks the Agency can use the consulting, research services and the specialized helps provided as in the country and abroad, to sign agreements on cooperation with other authorities, and also to use programs of professional training and advanced training for the employees.

Chapter II Mission, fields of activity, functions, powers and rights of the agency

6. The agency regulates activities in the field of electronic communications, mail service and information technologies, provides implementation of development strategies and exercises supervision of compliance with law in the managed areas by suppliers in the markets of electronic communications and mail services, and also protects legitimate interests and the rights of ultimate users of electronic communications and mail services by promotion of the competition in these markets, ensuring effective use of limited resources, stimulations of effective investments into infrastructure and innovations.

7. The agency performs the functions established by this Provision in the following areas:

1) electronic communications and information technologies;

2) mail service.

8. According to the fields of activity established in Item 8, the Agency performs the following functions:

1) in the field of electronic communications and information technologies:

a) the functions established by the Law No. 241/2007 on electronic communications;

b) the functions established by the Law No. 28/2016 on access to property and joint use of the accompanying infrastructure of networks of electronic communications public;

c) the functions established by the Law No. 7/2016 on supervision of the market concerning realization of nonfood products;

d) ceased to be valid;

2) in the field of mail service:

a) the functions established by the Law No. 36/2016 on mail service;

b) the functions established by the Law No. 308/2017 on warning and anti-money laundering and terrorism financing.

9. For the purpose of accomplishment of the main mission and the Agency functions carries out the following powers:

1) provides within technical capabilities equal conditions of access to networks of electronic communications and the accompanying infrastructure for all users, and also guarantees open entry to information transfer through networks of electronic communications public, irrespective of type of their property;

2) advances the competition in provision of networks, the accompanying infrastructure and services of electronic communications by encouragement of effective investments into infrastructure and promotions of innovations, providing neutrality of its regulating acts from the point of view of the applied technology;

Assigns 3) to suppliers of networks and/or services of the electronic communications having considerable influence in the corresponding market of the mandatory requirements concerning ensuring mutual connection of networks and access to networks and/or services of electronic communications or protection of users;

4) assigns suppliers of networks and/or services of the electronic communications having considerable influence in the corresponding market;

5) regulates the rates and the prices applied in networks and to services of electronic communications;

Regulates 6), manages and appropriates numbering resources for a fee;

7) establishes the principles and rules of interconnection of networks and access to networks and/or services;

8) establishes the principles and rules of use of public mail network of the supplier of universal mail service;

9) reveals the relevant markets, carries out market research in situations when they are obligatory, and develops the regulating documents for carrying out market research;

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