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of November 15, 2007 No. 241-XVI

About electronic communications

(The last edition from 29-11-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Art. 1. - (1) This law establishes the basic rules and conditions of activities in the field of electronic communications in the Republic of Moldova, the main directions of policy and the strategy of development for this area by determination of powers of the central industry body, general bases of regulation of the activities connected with networks and services of electronic communications by determination of powers and tasks of regulating authority, the right and obligation of the state, physical persons and legal entities in the course of creation, management, use of networks of electronic communications for the purpose of providing users with high-quality, modern and necessary services of electronic communications at reasonable prices, and also providing open entry to public services of electronic communications.

(2) This law regulates activities in the field of civil electronic communications of all suppliers of networks and/or services of electronic communications irrespective of type of property and establishes the rights and obligations of users in all territory of the Republic of Moldova.

(3) Operation of this law does not extend to networks of special communication. Creation and functioning of these networks is regulated by the Government.

(4) This law does not regulate contents of information transmitted through networks of electronic communications, except for to information identifying the ultimate user.

Art. 2. - For the purpose of this law the following concepts mean:

the subscriber - any physical person or legal entity which signed the agreement with the service provider of electronic communications public on provision to it such services;

access - provision to other supplier under certain conditions, in exclusive or non-exclusive procedure, infrastructures and/or services for provision of services of electronic communications, including in cases when they are used for provision of services of information society or services of audiovisual programs. Access includes, in particular:

a) access to elements of network and the accompanying infrastructure which can imply connection of the equipment means of the fixed or mobile communication (in particular, access to subscriber loop, to infrastructure and the services necessary for provision of services by means of subscriber loop joins here);

b) access to physical infrastructure, including buildings, the sewerage and support;

c) access to the corresponding systems of the software, including systems of operational support;

d) access to systems of conversion of the caused numbers or to it is equivalent to functional systems;

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

f) access to systems of conditional access for services of digital television;

g) access to services of virtual area networks;

h) access to information systems or databases for preorders, supplies, orders, requests for maintenance and repair and forming of accounts;

illegal access - connection and/or use by physical person or legal entity of network and/or service of electronic communications without the permission of the supplier of network and/or service;

untied access - the access which is not caused:

a) acquisition by the applicant together with necessary some products or services which are not necessary for provision of the declared access type;

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

c) or are not connected by forcing of any commercial, technical or other conditions which are not necessary with provision of the declared access type;

joint access to subscriber loop or subloop - provision in the order of other supplier of part of handling capacity of subscriber loop or subloop that allows to use part of frequency or its equivalent, without change of properties of subscriber loop or subloop;

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