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ORDER OF THE GOVERNMENT REPUBLIC OF MOLDOVA

of December 21, 2023 No. 1038

About reorganization by merging (accession) of public organization "National Service on Management of Radio Frequencies" and modification of some orders of the Government

Based on Item e) article 7 of the Law No. 136/2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, parts (2) article 32 of the Law No. 98/2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, No. 160 - 164, the Art. 537), with subsequent changes, and parts (7) article 8 of the Law No. 241/2007 on electronic communications (repeated publication: The official monitor of the Republic of Moldova, 2017, No. 399 - 410, the Art. 679), with subsequent changes, DECIDES: the Government

1. Reorganize public organization "National Service on Management of Radio Frequencies" (the prisedinyaemy legal entity) by its merging (accession) with the National agency on regulation in the field of electronic communications and information technologies (the accepting legal entity).

2. The rights and obligations of the attached legal entity completely passes to the accepting legal entity.

3. In case of impossibility of its transfer to perform release of personnel in connection with reorganization of public organization "National Service on Management of Radio Frequencies" according to the labor law. To provide expenses on release of personnel of public organization "National Service on Management of Radio Frequencies" for the account and within financial resources of the attached organization.

4. To the Ministry of Economic Development and digitalization together with National regulation agency in the field of electronic communications and informtsionny technologies within 15 days from the effective date of this resolution to create the Commission on cession of property of public organization "National Service on Management of Radio Frequencies" and in 30-day time to provide its transfer according to the Regulations on transmission order of objects of public property approved by the Order of the Government No. 901/2015.

5. Approve changes which are made to some orders of the Government (are applied).

6. Recognize invalid:

1) the Order of the Government No. 644/2019 about the organization and functioning of public organization "National Service on Management of Radio Frequencies" (The official monitor of the Republic of Moldova, 2019, No. 388 - 392, the Art. 1009), with subsequent changes;

2) the Order of the Government No. 951/2020 about approval of Methodology of calculation of rates for the services provided by public organization "National Service on Management of Radio Frequencies", the List of the services provided to them and rates for them (The official monitor of the Republic of Moldova, 2021, No. 22 - 32, the Art. 32);

3) Item 7 of appendix No. 5 to the Order of the Government No. 143/2021 on the organization and functioning of the Ministry of Economic Development and digitalization (The official monitor of the Republic of Moldova, 2021, No. 206 - 208, the Art. 341), with subsequent changes.

7. Before entry into force of the Methodology of calculation of payments for use of radio-frequency range approved by National regulation agency in the field of electronic communications and information technologies, the amount of these payments is established based on relevant provisions of Methodology of calculation of rates for the services provided by public organization "National Service on Management of Radio Frequencies", the List of the services provided to them and rates for them approved by the Order of the Government No. 951/2020, applying to the works/actions connected with technical management of radio-frequency range, technical testing of the equipment, and also accompanying them works/actions, procedure of payments of rates for the services identical to this works / actions provided by public organization "National Service on Management of Radio Frequencies".

8. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova, except for:

1) subitems 1) and 3) Item 6, which become effective from registration date of changes in the State register of legal units;

2) the subitem 2) Item 6, which becomes effective since September 1, 2024.

Prime Minister

Doreen Rechan

 

Countersigns:

Deputy Prime Minister, Minister of Economic Development and digitalizations 

 

To Dumitr Alayba  

Approved by the Order of the Government of the Republic of Moldova of December 21, 2023 No. 1038

Changes which are made to some orders of the Government

1. In the Order of the Government No. 544/1997 about statement of structure of State commission of the Republic of Moldova on radio frequencies and Regulations on State commission of the Republic of Moldova

on radio frequencies (Official monitor of the Republic of Moldova, 1997, No. 46-47, of the Art. No. 489), with subsequent changes, to make the following changes:

1) in all text of the resolution of the word "Ministry of Economy and Infrastructure" in any grammatical form shall be replaced with words "The Ministry of Economic Development and digitalizations" in the corresponding grammatical form;

Appendix No. 1 to state 2) in the following edition:

"Appendix No. 1

to the Order of the Government No. 544/1997

Structure of State commission of the Republic of Moldova on radio frequencies

Minister of Economic Development and digitalizations, commission chairman

The state secretary of the Ministry of Economic Development and digitalization (in information technology field and communication), the vice-chairman of the Commission

The head of department the politician in the field of electronic and mail communications of the Ministry of Economic Development and digitalization, the secretary of the Commission

State secretary of the Ministry of Internal Affairs

Chief of General staff, commander of National army

Deputy director of Service of information and safety

The director of the National agency on regulation in the field of electronic communications and information technologies

The deputy director of the Agency on regulation in the field of electronic communications and information technologies";

3) in appendix No. 2:

a) in Item 5:

in the first offer "and the State company "National Center for Radio Frequencies"" to exclude the text;

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