LAW OF THE REPUBLIC OF MOLDOVA

of June 11, 2026 No. 106

About access for suppliers of networks of electronic communications public to objects of property and about use of infrastructure

The Parliament adopts this organic law.

This law:

- shifts Regulations of the European parliament and Council (EU) 2024/1309 of April 29, 2024 about measures for reduction in cost of expansion of gigabit networks of electronic communications, about modification of Regulations (EU) 2015/2120 and about cancellation of the Directive 2014/61/EU (Regulations about gigabit infrastructure), published in the Official magazine of the European Union by L 1309 of May 8, 2024, CELEX: 32024R1309;

- partially shifts the Recommendation of the Commission (EU) 2020/1307 of September 18, 2020 about general tool kit of the Union on reduction in cost of expansion of networks with very high handling capacity and to ensuring timely and favorable access to radio-frequency range for investments 5G for the purpose of assistance to development of communication for maintenance of economic revival of the Union after the crisis caused by COVID-19, pandemic published in the Official magazine of the European Union by L 305 of September 21, 2020, CELEX: 32020H1307.

Article 1. Subject and scope of application

(1) the Purpose of this law is support and stimulation of development of networks of electronic communications, including networks with very high handling capacity, and the accompanying infrastructure by means of measures for ensuring access of suppliers of networks of electronic communications public to property objects, for encouragement of joint use of the existing physical infrastructure and creation of conditions for more effective expansion of new networks for the purpose of reducing the necessary terms and costs connected with development of such networks and also for reduction of their impact by the environment.

(2) This law establishes conditions:

a) implementation of access rights of suppliers of networks of electronic communications public to objects of public or private property for the purpose of construction, expansion, servicing, replacement, expansion or movement of networks of electronic communications, including networks with very high handling capacity, and the accompanying infrastructure;

b) implementation of measures for issue of permissions and coordination of construction works for the purpose of assistance to construction and expansion of networks of electronic communications, including networks with very high handling capacity, way of reducing necessary terms and the accompanying costs.

(3) If any of provisions of this law conflicts to provisions of the Law on electronic communications No. 72/2025 or the Law on cyber security No. 48/2023, is prevailed by relevant provisions of the specified laws.

(4) This law establishes the minimum requirements for goal achievement, the provided part (1), without prejudice to the regulations keeping or entering more strict or more detailed in comparison with the specified minimum requirements of measure if such measures serve encouragement of joint use of the existing physical infrastructure or assistance to more effective expansion of new physical infrastructure.

(5) In departure from part provisions (4) the specified measures are not entered and do not remain in the cases provided by Items a) - e) parts (10), parts (11) and (14) Articles 3, part (10) Articles 4, parts (3) and (7) - (10) Articles 5, parts (5) - (7) Article 6 and parts (6) - (8) Article 10.

(6) This law does not affect responsibility of competent authorities of the public power on protection of homeland security and their power on protection of other main functions of the state, including on ensuring its territorial integrity and maintenance of public order.

(7) Implementation of right of access cannot be limited to normative or administrative acts of the central or local authorities of the public power, except as specified, when such restrictions are proved proceeding from objective, pro rata and non-discriminatory criteria according to this law or other applicable laws.

(8) Operators of networks, bodies of the public sector, owners of private commercial buildings which are not in property or under control of the operator of network and also owners of the right of management of common property, including as a part of condominium, cannot establish taxes, charges, rates, the rent or other additional payments, except following from the agreements signed according to this law for implementation by suppliers of networks of electronic communications public of right of access to property objects.

(9) the Right of access represents right to use which is performed based on the agreement signed with the owner or with the owner of the right of management or on circumstances of concession according to this law, with respect for the principle of the minimum damage to property and the rights of the owner and the owner of the right of management or on circumstances of concession, and is effective during all term of functioning of the relevant networks.

Article 2. Concepts

(1) for the purposes of this law of the concept "access", "exclusive right", "special right", "accompanying infrastructure", "supplier of networks of electronic communications public", "network of electronic communications", "network with very high handling capacity", "network of electronic communications public", "terminal point of network", "safety of networks and services" and "end user" are applied in the values determined by the Law on electronic communications No. 72/2025.

(2) for the purposes of this law the following concepts are used:

1) permission - the decision or set directly or indirectly the expressed decisions made at the same time or consecutive by one or several competent authorities according to requirements of the Law on regulation of business activity by permission No. 160/2011, of the Town-planning and construction code No. 434/2023 and other applicable regulations for ensuring accomplishment by the company of the construction works necessary only for expansion of networks of electronic communications, including networks with very high handling capacity and the accompanying infrastructure;

2) internal fiber-optical cable system - the fiber-optical cables located in the end user, including which are in common property the elements intended for provision of services of electronic communications and connection of point of access in the building with terminal point of network;

3) right of access - provided to the supplier of networks of electronic communications public or the authorized company providing the network of electronic communications which is not intended for general use, right of access to the parcels of land, other real estate units and/or elements of physical infrastructure, including space over them, in them and under them, being in public or private property, for the purpose of their use for construction, expansion, operation, servicing, replacement, movement and dismantle of networks of electronic communications, including networks with very high handling capacity, or the accompanying infrastructure;

4) physical infrastructure:

a) any element of network which is intended for placement of other elements of network and which at the same time in itself does not become active element of network, for example pipes, support, pipelines, technical tunnels, collectors, channels, cable or viewing wells, auditing hatches, distribution box, antenna constructions, towers and columns, other vertical designs, including flues taken out of service, in that measure in what they can be used as passive support, and also the building, including roof and parts of facades, or entrances to buildings and any other property, including elements of street improvement, such as lampposts, route signs, traffic lights, information boards and Items of collection of payment, and also bus/trolleybus stops and railway stations;

b) buildings, including roof and parts of facades, or entrances to buildings and any other property, including elements of street improvement, such as lampposts, route signs, traffic lights, information boards and Items of collection of payment, and also bus/trolleybus stops and railway stations which are not part of network and are in ownership or under control of bodies of the public sector.

Cables, including fiber-optical cables and dark fiber (not used optical fiber), and also elements of the networks used for supply of drinking water in value the stipulated in Article 2 Laws on quality of drinking water No. 182/2019, do not belong to physical infrastructure for the purposes of this law;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info