LAW OF THE REPUBLIC OF MOLDOVA

of April 10, 2025 No. 72

About electronic communications

The parliament adopts this organic law.

This law:

– partially shifts the Directive (EU) 2018/1972 European parliament and Council of December 11, 2018 establishing the European code of electronic communications (review) (the text relating to the EEA), CELEX: 32018L1972, published in the Official log of the European Union by L 321/36 of December 17, 2018, with the last amendments made by the Directive (EU) 2022/2555 European parliament and Council of December 14, 2022;

– shifts parts (1), (4) and (5) Articles 1, Items (a) and (b) of part (1) Article 2 and Article 3 of the Delegated Regulations of the Commission (EU) 2021/654 of the December 18, 2020 supplementing the Directive (EU) 2018/1972 European parliament and Council by establishment at the level of the Union of flat maximum fare for completion of voice calls in networks of mobile communication and flat maximum fare for completion of voice calls in networks of fixed communication (the text relating to the EEA), CELEX: 32021R0654, European Union published in the Official log L 137/1 of April 22, 2021;

– partially shifts the Directive 2002/58/EC of the European parliament and Council of July 12, 2002 concerning personal data processing and privacy protection in the sector of electronic communications (The directive on confidentiality and electronic communications), CELEX: 32002L0058, published in the Official log of the European Union by L 201/37 of July 31, 2002, with the last amendments made by the Directive 2009/136/EU of the European parliament and Council of November 25, 2009;

– partially shifts the Directive of the Commission 2008/63/EU of June 20, 2008 about the competition in the markets of the telecommunication terminal equipment (the codified version) (the text relating to the EEA), CELEX: 32008L0063, published in the Official log of the European Union by L 162/20 of June 21, 2008;

– shifts Regulations (EU) 2021/1232 European parliament and Council of July 14, 2021 about temporary departure from some provisions of the Directive 2002/58/EC concerning use of interpersonal communication by service providers which are not based on numbers, technologies of personal data processing and other data for fight against sexual violence over children on the Internet (the text relating to the EEA), CELEX: 32021R1232, published in the Official log of the European Union by L 274/41 of July 30, 2021, with the last amendments made by Regulations (EU) 2024/1307 European parliament and Council of April 29, 2024;

– shifts the Directive of the Commission 2002/77/EC of September 16, 2002 about the competition in the markets of networks and services of electronic communications (the text relating to the EEA), CELEX: 32002L0077, published in the Official log of the European Union by L 249/21 of September 17, 2002;

– shifts Items (a) – (c), (e) and (f) of Article 2, part (2) Article 3 of the Directive 98/84/EU of the European parliament and Council of November 20, 1998 about legal protection of the services which are based on the caused access, or consisting in the caused access, CELEX: 31998L0084, published in the Official log of the European Union by L 320/54 of November 28, 1998;

– partially shifts Regulations (EU) 2015/2120 European parliament and Council of November 25, 2015 about establishment of measures for open Internet access and about retail rates for regulated communications in the EU and about modification of the Directive 2002/22/EU and the Regulations (EU) 531/2012 (the text relating to the EEA), CELEX: 32015R2120, published in the Official log of the European Union by L 310/1 of November 26, 2015, with the last amendments made by Regulations (EU) 2024/1309 European parliament and Council of April 29, 2024;

– partially shifts the Delegated regulations of the Commission (EU) 2023/444 of December 16, 2022, supplementing the Directive (EU) 2018/1972 European parliament and Council with measures for ensuring effective access to emergency services by means of emergency messages according to single European number of emergency calls "112" (the text relating to the EEA), CELEX: 32023R0444, published in the Official log of the European Union by L 65/1 of March 2, 2023;

- partially shifts Regulations (EU) of 2018/1971 European parliament and Council of December 11, 2018 about creation of the Organization of the European regulators in the field of electronic communications (BEREC) and Agency on support of BEREC (Office of BEREC), about modification of Regulations (EU) 2015/2120 and about canceling of Regulations (EU) 1211/2009 (belonging to the EEA), CELEX: 32018R1971, published in the Official log of the European Union by L 321/1 of December 17, 2018.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law establishes national regulatory framework on regulation of the types of activity connected with networks and services of electronic communications, the accompanying infrastructure and the accompanying services, and also some aspects of the terminal equipment by determination of powers of competent authorities in the field of electronic communications, the rights and obligations of physical persons and legal entities in the course of creation, management and use of networks of electronic communications.

(2) the Purpose of this law is:

a) forming of the domestic market of networks and services of electronic communications that will lead to installation and use of networks with very high handling capacity, to the steady competition, interconnections of services of electronic communications, availability and safety of networks and services, and also to benefits to the ultimate user; and

b) ensuring provision of public services of high quality and for reasonable prices by means of workable competition and real opportunities of the choice, consideration of cases when the market does not satisfy properly need of ultimate users, including needs of users with limited opportunities in access to services on equal terms with others, and also establishment of the rights for ultimate users.

(This law does not mention 3):

a) the obligations imposed by regulations according to international treaties which party is the Republic of Moldova, concerning the services provided through networks and services of electronic communications;

b) the measures taken at the national level which are directed to goal achievement, of common interest, in particular, concerning personal data protection and private life, regulation of content and policy in audiovisual area;

c) actions taken according to the legislation for ensuring national defense, homeland security or public order;

d) The law on regulation of services of roaming between the Republic of Moldova and member states of the European Union No. 81/2025;

e) The law on technical regulation No. 420/2006 and other regulations adopted based on this law.

(4) Service providers of roaming shall observe the regulatory base on regulation of services of roaming between the Republic of Moldova and member states of the European Union established by the Law on regulation of services of roaming between the Republic of Moldova and member states of the European Union No. 81/2025. This regulatory base is not applied to the challenges and Sms in roaming proceeding or which are coming to the end on numbers from the national plan of numbering of the state in regulated zone of roaming which are not assigned according to the legislation of this state and are used in an unauthorized way for provision of services of electronic communications, and also to the suppliers providing services of roaming through such numbers or to clients of the services of roaming provided by such suppliers through such numbers. The agency informs OAREC on blocks of numbers in the National plan of numbering of the Republic of Moldova to which action of this part extends.

(5) Operation of this law does not extend to ad hoc networks of communications. Creation and functioning of these networks are regulated by the Government.

(5) This law does not regulate contents of information transmitted through networks of electronic communications, and also content of the services provided through networks of electronic communications with use of services of electronic communications, such as content of audiovisual media services, financial services and certain services of information society, except for information identifying the ultimate user.

(The Central industry body which develops advances 7) and realizes policy of the Government in the field of electronic communications (further – the central industry body), national regulating authority in the field of electronic communications and any other competent authority based on this law provide compliance with law about personal data protection in case of their processing.

Article 2. Concepts

For the purposes of this law the following basic concepts are used in value:

1) the subscriber – any physical person or legal entity which signed the contract with the supplier of public services of electronic communications for provision of such services;

2) sexual violence over children in on-line space – the materials in on-line space containing sexual violence over children and seduction of children;

3) access – provision to other supplier under certain conditions, in exclusive or non-exclusive procedure, infrastructure or services for the purpose of provision of services of electronic communications, including when using for provision of services of information society or for broadcast of audiovisual media services; it includes, in particular:

a) access to elements of network and the accompanying infrastructure that can imply connection of the equipment by means of stationary or non-stationary means (in particular, access to customer loop and to the objects and services necessary for provision of services on customer loop joins here);

b) access to physical infrastructure, including buildings, cables and support; access to the corresponding systems of the software, including systems of operational support;

c) access to information systems or to databases for preorders, supplies, orders, requests for maintenance and repair and for invoicing; access to conversion of numbers or to systems with equivalent functionality;

d) access to networks of fixed and mobile communication, in particular for roaming;

e) access to systems of the caused access for services of digital television and access to services of virtual area networks;

4) the caused access – any measure and/or any technical device which do access to the protected service in certain form subject to preliminary individual permission;

5) illegal access – connection to network of electronic communications and/or use by physical person or legal entity of network of electronic communications and/or services of the supplier of networks and/or services by any technical means without the conclusion of the agreement on such use or without any other legal basis establishing conditions on which the supplier agrees to provide access;

6) untied access – access which is not caused:

a) acquisition by the applicant of at the same time some products or services which are not necessary for provision of the requested access type;

b) acquisition of the forced amount of products or services exceeding the amount necessary for provision of the requested access type;

c) by imposing any commercial, technical or other type of conditions which are not necessary for provision of required type of access or are not connected with it;

7) seduction of children – criminal actions on seduction of the minor in the sexual purposes as it is determined and established the corresponding punishment in article 175-1 of the Criminal code No. 985/2002;

8) selection of radio frequency – purpose of radio frequency for use by the user or category of users in certain geographical zone and under certain conditions;

9) challenge – the connection established by means of public service of the interpersonal communication providing bilateral voice communication;

10) assignment of radio band or radio frequency – provision of technical permission to use of radio band or radio frequency under certain conditions;

11) provision of radio-frequency range – determination of specific band of frequencies in the National table of distribution of bands of radio frequencies for the purpose of its use under certain conditions one or several services of radio communication or radio-astronomical service;

12) general permission – the legal regime providing the rights to provision of networks or services of electronic communications and establishing obligations in the field, applicable to all types of networks and services of electronic communications or to certain types of such networks and services according to this law;

13) band of radio frequencies of government use – the band of radio frequencies intended for exclusive use in government interests (defense, national security, government communication, civil protection, police);

14) band of radio frequencies of non-governmental use – the band of radio frequencies intended only for use in non-governmental needs;

15) band of radio frequencies of joint use – the band of radio frequencies intended for joint use by government and non-governmental users;

16) customer loop – the physical circuit used for signaling of electronic communications which connects termination point of network to the main distribution frame or equivalent element in the fixed network of electronic communications public;

17) the center of acceptance of emergency calls – the physical place which is under authority of public organization where the emergency message according to the Law on the organization and functioning of Single national service of emergency calls of the 112th No. 174/2014 for the first time arrives;

18) collocation – provision of the physical area and the technical resources necessary for placement and connection for the purpose of ensuring continued operation of the corresponding equipment of the user of this form of access;

19) electromagnetic compatibility – capability of the device, equipment or system it is satisfactory to function in the electromagnetic circle, without creating the electromagnetic noises capable to damage the equipment which is in this circle;

20) emergency communication – communication by means of service of interpersonal communication between the ultimate user and the center of acceptance of emergency calls for the purpose of request and receipt of the emergency help from services of the emergency help;

21) effective emergency communication – the emergency communication providing:

a) operational communication between the ultimate user and the centers of acceptance of emergency calls; and

b) operational provision of context information, including information on location of the calling party;

22) regulated communication with the states of the EU – the service of interpersonal communication on the basis of numbers initiated in the EU member state of the national supplier of the consumer with any stationary or mobile number from the National plan of numbering of the Republic of Moldova or on the contrary, any service of interpersonal communication on the basis of numbers initiated in the Republic of Moldova as the state of the national supplier of the consumer with any stationary or mobile number from the national plan of numbering of the EU member state, the payment for which is fully or partially established on the basis of the actual consumption;

23) national communication – the service of interpersonal communication on the basis of numbers initiated in the Republic of Moldova from any stationary or mobile number in the National plan of numbering of the Republic of Moldova and having as termination point any stationary or mobile number from the National plan of numbering of the Republic of Moldova;

24) the consumer – any physical person using or requesting public service of electronic communications for the purposes which are not connected with its business, industrial, domestic or professional activity;

25) licensed conditions – set of the requirements and conditions established by regulating authority according to the regulations which are directly regulating use of limited resources of the state in the field of electronic communications which observance is obligatory for the owner of the license;

26) the illegal device – the equipment or the software, developed or adapted for ensuring access to the protected service in clear form without receipt of permission of the supplier of this service;

27) the national domain of the highest level ".md" – code of the Republic of Moldova in the value determined by the Law on informatization and the state information resources No. 467/2003;

28) exclusive right – the right granted only to one supplier by any the normative, regulating or administrative act which reserves for it the right to provide network or service of electronic communications or to perform other type of activity in the field of electronic communications in certain geographical zone;

29) the individual rights to use radio-frequency range – the rights to use radio-frequency range granted based on individual licenses for use of radio frequencies;

30) the special right – the right granted to limited number of business entities by any the normative, regulating or administrative act, which:

a) the number of such business entities is established at the level of at least two according to other criteria, in addition to objective, pro rata and non-discriminatory criteria; or

b) it is determined differently, than according to the criteria specified in Item and), several competing business entities; or

c) to any managing subject / to any business entities according to other criteria, in addition to specified in Items a) and b), any legal benefits or benefits following from the regulating measures which significantly influence capability of any other business entity to import, implement, connect, put into operation or to service the terminal equipment in the same geographical territory and on equivalent conditions are provided;

31) the advanced equipment for digital television – any prefix intended for connection to the TV or to the digital TV with the built-in prefix capable to accept services of digital interactive television;

32) the equipment for land station of satellite communication – the equipment which can be used only for broadcasting (only broadcasting), for broadcasting and acceptance (broadcasting acceptance) or only for acceptance (only acceptance) radio communication signals via satellites or other space systems;

33) the terminal equipment – the equipment, directly or indirectly connected to the interface of network of electronic communications of general use for the purpose of sending, processing or acceptance of information through cable, optical fiber or through electromagnetic space, or the equipment for land stations of satellite communication; connection of the terminal equipment to network is mediated if between it and the network interface other equipment is located;

34) the accompanying infrastructure – the accompanying services, the physical infrastructure and other installations or elements accompanying network of electronic communications or service of electronic communications which allow to provide or provide provision of services by means of matching network or the corresponding service or which have such potential and include buildings or inputs in buildings, cable posting of buildings, antennas, towers and other reference constructions, channels, pipes, support, viewing hatches and distribution box;

35) provision of network of electronic communications – installation, operation of network of electronic communications, supervision of such network or its provision;

36) the supplier of networks of electronic communications public – the company in value of the Competition act No. 183/2012, registered in the Republic of Moldova according to the Law on state registration of legal entities and individual entrepreneurs No. 220/2007, which provides or is authorized to provide network of electronic communications public or the accompanying infrastructure;

37) the supplier of public services of electronic communications – the company in value of the Competition act No. 183/2012, registered in the Republic of Moldova according to the Law on state registration of legal entities and individual entrepreneurs No. 220/2007, which provides or is authorized to provide public services of electronic communications;

38) safety incident – event which makes real negative impact on safety of networks or services of electronic communications;

39) information on location of the calling party:

a) in mobile network public – the data processed both from network infrastructure and from the mobile phone which specify geographical location of the mobile terminal equipment of the ultimate user, and

b) in the fixed network public – data on the physical address of termination point of network;

40) context information – the information transferred by means of the emergency message by the ultimate user or received and transferred automatically on the basis of the device of the ultimate user or relevant network for ensuring bystry determination of resources for intervention and bystry arrival of emergency services to the place of intervention;

41) interconnection – the special type of access performed between suppliers of networks of electronic communications public by means of physical and logical relationship between the networks of electronic communications public used by the same or other supplier users of one supplier could communicate with users of the same or other supplier or get access to the services provided by other supplier, and such services are provided by the involved parties or other parties having network access;

42) the application programming interface (API) – the program interface between appendices provided by suppliers of media services or service providers and resources of the advanced equipment of digital television for provision of services of digital television and broadcasting;

43) harmful noises – noises which threaten functioning of radio navigational service or other services of safety or which otherwise seriously worsen block or repeatedly interrupt the service of radio communication functioning according to the applicable world or national regulating situations;

44) interoperability – in the value determined by article 3 of the Law on data exchange and interoperability No. 142/2018;

45) violation of safety of personal data – the safety violation leading to the accidental or illegal destruction, loss, damage, unauthorized disclosure or illegal access to the personal data transferred, saved or processed otherwise in connection with provision of public services of electronic communications;

46) the license – certifying right to use during the certain period of the limited resources specified in it (radio frequencies, numbering resources), fully or partially, with obligatory observance of licensed conditions;

47) the online materials containing sexual violence over children – the materials concerning sexual violence over children and/or participation of children in pornographic demonstrations as they are determined and the corresponding punishment in the Criminal code is established;

48) the notification – the application submitted by the legal entity or the individual entrepreneur to the National regulation agency in the field of communications containing intention to begin provision of networks and/or services of electronic communications and the minimum set of the data necessary for maintaining the Public register of suppliers of networks and services of electronic communications;

49) geographical number – number in certain national plan of numbering where part of structure of numbering has the geographical value used for routing of challenges to physical location of termination point of network;

50) not geographical number – number in certain national plan of numbering which is not geographical number, for example numbers provided for mobile services, toll-free numbers (freephone) and numbers with bonus rates;

50-1) number from the European Union - number from national plans of numbering corresponding to E.164 country codes for the geographical zones relating to the territory of the European Union;

51) the standard offer – the technical and commercial offer containing terms and conditions of interconnection and/or access according to which the supplier shall include the minimum list of the obligations assigned to it in any agreement on interconnection or access;

52) the relevant market – the market of products and/or services in the field of electronic communications which characteristics can justify establishment for the suppliers having considerable influence in this market, some preliminary (ex ante) of special obligations, provided by this law;

53) the transnational markets – the markets determined according to Article 65, the covering Republic of Moldova and at least one member state of the European Union;

54) the National plan of numbering – the official document determining resource allocation of numbering and establishing structure of the number ranks used in networks and services of electronic communications and also rules of forming at the national level of the resources of numbering used for provision of public services of electronic communications according to international treaties one of the parties of which is the Republic of Moldova;

55) point of radio access of small radius of action – the low-power and small-size equipment of access to radio network working in limited radius of action with use of the licensed or not licensed radio frequencies or their combination which can be used in network of electronic communications public, have one or several antennas with low visual impact and which allows users to get access to networks of electronic communications on radio, irrespective of topology of basic network, whether it be the mobile or fixed network;

56) termination point of network – physical point in which the network access of electronic communications public is provided to the ultimate user and which, in case of the networks using switching or routing is identified through the specific network address which can be connected with number or name of the ultimate user;

57) radio communication – the electronic communications performed by means of radio waves;

58) numbering resources – the digits or codes serving for identification of subscribers and/or suppliers;

59) resources of radio-frequency range – bands or the subranges of radio frequencies or radio frequency, held for use in radio communication;

60) limited resources – limited resources in the field of electronic communications which include, without being limited to it, radio-frequency range, resources of numbering and the accompanying technical resources;

61) technical resources – the resources necessary for identification of networks of electronic communications public or elements of public networks of electronic communications public for the purpose of management of them or for provision of public services of electronic communications;

62) network of electronic communications – transmission systems, irrespective of whether they are based on permanent infrastructure or on centralized operation, and on circumstances the equipment for switching or routing and other resources, including the inactive elements of network allowing to transmit signals on cables, radio waves through optical or other electromagnetic means, including communication satellite networks, fixed networks (circuit switched and package switching, including the Internet) and mobile networks, power networks in case of their use for signaling, the networks used for broadcast of audiovisual media services and networks of cable television, irrespective of type of the transmitted data;

63) network of special communication – the network of electronic communications intended for ensuring needs of bodies of the public power, defense, homeland security and public order;

64) network with very high handling capacity – the network of electronic communications which is completely consisting of fiber-optic elements at least to distribution point in the serviced location or the network of electronic communications capable in the conditions of regular peak load to provide similar network performance from the point of view of the width of bands available to data transmission both for loading, and for downloading, fault tolerance, parameters of frequency of errors, and also transfer lag of packet data and variability of transfer lag of packet data; network performance can be considered similar even if experience of the ultimate user differs depending on it is integral different characteristics of the circle through which connection to termination point of network is implemented;

65) network of land stations of satellite communication – configuration of two or more land stations which exchange data via the satellite;

66) network of electronic communications public – the network of electronic communications used completely or generally for provision of public services of electronic communications, providing information transfer between termination points of network;

67) radio local area network or RLAN – the low-power radio system of access working in limited zone with low risk of noises for other similar systems installed in close proximity by other users and using non-exclusively harmonized radio-frequency range;

68) roaming – to the provided users of services of the electronic communications delivered by means of network of mobile telephone communication public, opportunity to accept and make voice calls either to perform data transmission or to get access to other services of electronic communications, being outside zone of geographical covering of matching network, by means of other network, on condition of the conclusion for this purpose of the commercial agreement between the relevant service providers;

69) safety of networks and services – capability of networks and services of electronic communications to resist in case of the set reliability level to any actions influencing availability, authenticity, integrity or confidentiality of these networks and services, the data which are stored, transferred or processed in them or available through them or the accompanying services provided by matching networks and services of electronic communications or available through them;

70) comparative selection – the procedure of issue of licenses in case of which the right to use limited resources is granted won first place / won first place by results of assessment of the submitted offers, based on set predefined technical, administrative and/or on circumstances of financial criteria;

71) competitive selection – the procedure of issue of licenses in case of which the right to use limited resources is granted to the winner of auction as a result of the offer of the maximum license fee, accepting for starting point the minimum value established by the Government with ensuring accomplishment at the same time preliminary technical, administrative and/or on circumstances of financial qualification requirements;

72) the accompanying services – the services connected with network of electronic communications or service of electronic communications, which are allowing or supporting provision, independent provision or automatic provision of services by means of matching network or the corresponding service or having such potential and including conversion of numbers or system with equivalent functionality, systems of the caused access and electronic program schedules (EPG), and also other services, such as services of identification, position fix and presence;

73) services of general chat – the services of multimedia real-time chat providing bilateral symmetric video transmission, the text and voice in real time between users in two or more locations;

74) service of electronic communications – the service which is usually provided for a fee, by means of networks of electronic communications and including, except for the services consisting in content delivery through networks and services of electronic communications or in implementation of editorial control over such content, the following types of service:

a) services of Internet access;

b) services of interpersonal communication; and also

c) services which completely or generally consist in signaling, such as the transfer services used for providing communication services between devices (machine-to-machine) and for broadcast of audiovisual media services;

75) service of Internet access – the public service of electronic communications providing Internet access and, thus, connection, in principle, between all termination points connected to the Internet irrespective of the used network technology and the terminal equipment, except as specified, when certain termination points on the wide area network the Internet are unavailable for the reasons which are not depending on service providers of the electronic communications providing Internet access;

76) service of interpersonal communication – the service which is usually provided for a fee which allows to perform direct information exchange in interpersonal and interactive form through networks of electronic communications between limited number of persons, within which the persons initiating or participating in communication determine addressees/addressees and which does not include the services allowing to perform interpersonal and interactive communication only as the insignificant auxiliary element inseparably linked with other service;

77) service of interpersonal communication on the basis of numbers – the service of interpersonal communication using the numbering resources provided for general use, namely number or numbers from national or international plans of numbering, or allowing to perform communication with number or numbers from national or international plans of numbering;

78) service of interpersonal communication without use of numbers – the service of interpersonal communication which does not use the numbering resources provided for general use, namely number or numbers from national or international plans of numbering or does not allow to perform communication with number or numbers from national or international plans of numbering;

79) service of voice messages – public service of electronic communications for making and obtaining, directly or indirectly, national challenges or national and international challenges with use of number or numbers from the National plan of numbering or from the international plans of numbering;

80) service of completion of voice calls in fixed networks – the wholesale service necessary for completion of challenges on the geographical and not geographical numbers used for the services of fixed communication which are not depending on location and for access to services of the emergency help which are the numbering resources selected for general use namely numbers in the National plan of numbering provided by suppliers who are capable to control completion of challenges and to establish rates for completion of challenges for such numbers, in the presence of interconnection at least with one network, irrespective of the used technology, including ports of interconnection;

81) service of completion of voice calls in mobile networks – the wholesale service necessary for completion of challenges on mobile numbers which are the numbering resources selected for general use namely numbers in the National plan of numbering provided by suppliers who are capable to control completion of challenges and to establish rates for completion of challenges for such numbers, in the presence of interconnection at least with one network, irrespective of the used technology, including ports of interconnection;;

82) emergency service – the service providing immediate and quick help in situations when there is, in particular, direct risk for life or physical integrity of people or for individual or public health or safety, for private or public property or for the environment, according to the national legal system;

83) system of the caused access – any measure, authentication system or the technical device by means of which access in clear form to the protected audiovisual media service is performed on subscription or other form of preliminary individual authorization;

84) the protected service – one of the following services if she is presented for a fee and based on the caused access:

– broadcasting, according to the definition given in article 1 of the Code about audiovisual media services No. 174/2018;

– sound broadcasting, namely broadcasting per wires or wirelessly, including via the satellite, public radio programs;

– services of information society, according to the definition given in article 4 of the Law on services of information society No. 284/2004;

or provision of the caused access to the specified services considered as single service;

85) universal service – the minimum set of services of the electronic communications of certain quality level available to all ultimate users on available rates, irrespective of their geographic location, according to specific national conditions;

86) radio-frequency range – the section of electromagnetic range covering radio waves with frequencies from kHz 8,3 to 3000 GHz;

87) the harmonized radio-frequency range – radio-frequency range for which by means of technical measures for implementation according to decisions of the European commission the harmonized conditions of its availability and effective use were established;

88) the station of radio communication – one or several transmitters or receivers or combination of transmitters and receivers, including the service equipment, services of radio communication, necessary for providing, in certain place or in certain zone of movement;

89) the National table of distribution of bands of radio frequencies – the official document which establishes category of bands of frequencies and service of radio communication for which they can be used, and also conditions of their use;

90) digital land television – television system in which direct conversion of the image and sound to digital signals (the sequence of zero and units) and the return conversion of digital signals to images and sound happens directly at the level of transformers light signal (by transfer) and signal light (in case of acceptance) in the ranges of radio frequencies of VHF and UHF;

91) accumulating of resources of radio-frequency range – accumulating and non-use of the limited resources of radio-frequency range which are in public property of the state, the owner of the license to use of these resources that creates barriers to the introduction on the market and leads to control, preventing or misstatement of the competition;

92) radio waves – the electromagnetic waves extending in space without the artificial direction;

93) the user – the physical person or legal entity using public service of electronic communications or requesting it obtaining;

94) the ultimate user – the user who does not provide network of electronic communications public or public services of electronic communications;

95) joint use of radio-frequency range – the access allowing two or more users to use the same bands of radio frequencies within the specific agreement on joint use, permitted on the basis of general permission, the individual rights to use radio-frequency range or their combination including the regulating approaches, such as licensed joint access, for simplification of joint use of band of radio frequencies on condition of the obligatory consent of all parties concerned according to regulations of joint use as it is provided by their rights to use radio-frequency range, for the purpose of providing predictable and reliable mechanisms of joint use for all users and without prejudice to application of the legislation on the competition.

Article 3. Access to services of electronic communications, the property rights in the field of electronic communications and protection of such rights

(1) Access of any physical person or legal entity to public services of electronic communications is guaranteed in all territory of the Republic of Moldova on non-discriminatory conditions.

(2) Networks of electronic communications belong to physical persons or legal entities as private or public property.

(3) Radio frequencies and resources of numbering are the limited resources which are in public property of the state.

(4) the National domain of the highest level ".md" on the wide area network the Internet is considered property of the state, the public domain and cannot be subject of any administrative/administrative act, except for provided by part (5) this Article or the Law on informatization and the state information resources No. 467/2003. Any dispute connected with the national domain of the highest level ".md" which party is the National logger is in exclusive competence of the National agency on regulation in electronic communications (further – the Agency) and degrees of jurisdiction of the Republic of Moldova.

(5) the National logger of the domain of the highest level ".md" is assigned by the Government and carries out the following obligations:

a) keeps the Register of names in the national domain of the highest level ".md", provides its updating and on-line access to it;

b) assigns, registers, repeatedly registers, blocks, withdraws names from the national domain of the highest level ".md", changes the registration data necessary for ensuring their functionality;

c) the Internet has control over points of indexation of the national domain of the highest level of ".md" on the wide area network;

d) assigns the subjects acting as distributors and exercises supervision of their activities;

e) establishes standard rate and scale of charges for the subjects given with functions of distributors in case of registration of names in the national domain of the highest level ".md".

(6) Networks of electronic communications use protection according to the law.

(7) For cable lines, the bearing elements of lines of electronic communications and installations of electronic communications the conservation zone in the form of earth bands along lines and installations of electronic communications two meters wide on both sides is established.

(8) In the green space for lines of electronic communications on support creation of demarcation bands at least two meters wide on both sides from boundary wires to crowns is provided.

(9) In the conservation zone of cable lines, the bearing elements of lines of electronic communications and installations of electronic communications owners of lands or other persons can perform the construction works, earthwork, landing of long-term plantings or other works able to cause damage of networks of electronic communications, only under the agreement with the owner of cable lines, reference elements of lines of electronic communications or installations of electronic communications.

(10) the Construction works, earthwork, landing of long-term plantings and other works able to cause damage of ad hoc networks of communication to the conservation zone of the cable lines, bearing elements of lines of electronic communications and belonging to them installations of electronic communications are carried out only from consent from the network administrator.

(11) In departure from part provisions (1) article 26 of the Law on flora No. 239/2007 clearing of vegetation in the conservation zone of networks of electronic communications by the supplier of network is carried out under preliminary approval of Environmental protection agency.

(12) Rules of protection of networks of electronic communications and work and on trasses of lines of electronic communications affirm as conservation zones the Government.

(13) Users of projects of cable lines from the moment of their designing shall register trasses of lines in bodies of local public authority of administrative and territorial units which territories are crossed by these lines, for protection against damages in connection with carrying out new construction works to their conservation zone.

(14) Networks of electronic communications are subject to accounting in the Register of accounting of engineering networks according to the Law on accounting of engineering networks No. 290/2024.

(15) In case of construction of office, residential and other buildings internal distribution networks of electronic communications are designed and established by the owner of real estate object with observance of provisions of the Town-planning and construction code.

(16) In case of construction (reconstruction) of buildings, roads, bridges and other constructions of work on installation, replacement or movement of any elements of networks of electronic communications are carried out by the owner of the specified real estate objects from prior consent of the owner of networks of electronic communications according to provisions of the Town-planning and construction code. The expenses connected with accomplishment of this obligation are born by the owner of the corresponding real estate objects if the law or the agreement do not provide other.

Article 4. Exclusive or special rights

(1) Provision of networks and/or services of electronic communications is available to any legal entity or the individual entrepreneur according to the terms, conditions and obligations provided by this law.

(2) Restrictions are allowed only in the situations connected with national defense and safety, public order and health care.

(3) No exclusive or special rights concerning creation or provision of networks or services of electronic communications are provided and do not remain in force.

Chapter II. Purposes

Article 5. Common goals

(1) In case of accomplishment of the tasks provided by this law on regulation the Agency and the central industry body take all reasonable measures which are necessary and proportional for goal achievement, provided by part (2), and promote within the competence to ensuring realization the politician, directed to promotion of freedom of expression and informing, cultural and language diversity and pluralism of mass media.

(2) Within this law Agency, the central industry body and other competent authorities try to obtain realization of each of the following common goals, at the same time the procedure for their transfer is not priority:

a) expansion of opportunities of connection, access to networks of very high handling capacity, including fixed, mobile networks and radio networks, for all ultimate users in the Republic of Moldova and creation of these types of networks;

b) promotion of the competition in the field of provision of networks of electronic communications public and the accompanying infrastructure, including development of workable competition on the basis of infrastructure and in the field of provision of public services of electronic communications and the accompanying services;

c) development of the domestic market and the Common Economic Space in the field of electronic communications between the Republic of Moldova and the European Union by elimination of the remained obstacles for investments into networks and services of electronic communications, into the accompanying infrastructure and the accompanying services and into provision of such networks, infrastructure and services, and also by assistance to creation of convergent conditions in their support, by development of the predictable regulations and approaches to regulation compatible to regulations and approaches of the European Union, by assistance to the effective, rational and approved use of radio-frequency range according to recommendations of the European conference of administrations of postal services and communication services, open innovations, creations and developments of trans-European networks, provisions, availability and interconnection of the all-European services and end-to-end connection according to international treaties, prisoners between the Republic of Moldova and the European Union;

d) promotion of interests of citizens of the Republic of Moldova by possibility of connection, availability and widespread introduction of networks with very high handling capacity, including fixed, mobile networks and radio networks, and also services of electronic communications, providing the maximum benefits from the point of view of possibility of the choice, the price and quality on the basis of workable competition, by maintenance of safety of networks and services, providing the high level of protection for ultimate users, similar to that which is applied in the European Union, by means of necessary industry regulations and requirements satisfaction, such as reasonable prices which certain social groups, in particular final consumers with limited opportunities, final consumers of advanced age and final consumers with special social needs use, and also possibilities of the choice and equivalent conditions of access for ultimate users with limited opportunities.

(3) the Agency cooperates with the Organization of the European regulators in the field of electronic communications (BEREC) and Agency on support of BEREC (Office of BEREC) and on demand informs them on efficiency of the measures taken for achievement specified in part (2) is more whole.

(4) For achievement specified in part (2) is more whole the politician and the purposes specified in this part, the Agency and the central industry body:

a) predictabilities of regulation by ensuring uniform approach to regulation during the proper periods of consideration and by cooperation with national regulating authorities in the field of electronic communications in member states of the European Union, with BEREC, with the European commission and with Group on the policy in the field of radio-frequency range (RSPG) founded by the decision of the commission 2002/622/EC promote;

b) provide that in similar circumstances there was no discrimination against suppliers of networks and/or services of electronic communications;

c) apply the measures established at the national level according to obligations assumed based on the international treaties between the Republic of Moldova and the European Union, technologically neutral image in that measure in what it corresponds to goal achievement provided by part (2);

d) advance innovations and effective investments into the new and upgraded infrastructure, including by providing that any obligation on access properly considered risks to which the investing companies are exposed, and by resolution of different mechanisms of cooperation between investors and the parties requesting access for the purpose of diversification of investment risk, providing at the same time preserving the competition in the market and respect for the principle of nondiscrimination;

e) consider wide range of conditions concerning infrastructure, the competition, the circumstances applied to ultimate users and, in particular, to consumers in the different geographical regions of the Republic of Moldova including the local infrastructure managed on nonprofit basis by physical persons;

f) impose the preliminary regulating obligations only in that measure in what it is necessary for ensuring the workable and steady competition for the benefit of ultimate users, and weaken or cancel such obligations as soon as this condition is satisfied.

(5) the Agency and the central industry body in case of accomplishment of the functions according to this law are effective without prejudice it is, objectively, transparent in both the non-discriminatory and proportional way.

Article 6. Strategic planning and coordination of policy in the field of radio-frequency range

(1) the Central industry body and the Agency within the competences cooperate with each other, with the European commission, BEREC and competent authorities of member states of the European Union concerning strategic planning, coordination and harmonization of use of radio-frequency range in the Republic of Moldova by the method compatible to policy of the European Union on creation and functioning of the domestic market of electronic communications, promoting thereby development of the Common Economic Space in the field of electronic communications between the Republic of Moldova and the European Union.

For this purpose they consider among other things economic aspects, safety, health protection, public concerns, freedom of expression, cultural, scientific, social and technical aspects of policy of the European Union, and also different interests of communities of users of radio-frequency range, for the purpose of optimization of use of radio-frequency range and prevention of harmful noises.

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