ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 28, 2008 No. 905

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

Based on part (7) article 8 of the Law on electronic communications No. 241-XVI of November 15, 2007 (The official monitor of the Republic of Moldova, 2008, Art. No. 51-54, 155) DECIDES: the Government

1. Approve Regulations on the National agency on regulation in the field of electronic communications and information technologies according to appendix No. 1.

2. Recognize invalid some orders of the Government according to the appendix N 2.

Appendix No. 1

to the Order of the Government No. 905 of July 28, 2008

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

I. General provisions

1. The regulations on the National agency on regulation in the field of electronic communications and information technologies (in dalneyshempolozheniye) are developed in pursuance of the Law on electronic communications No. 241-XVI of November 15, 2007.

2. This provision determines the organization-legal status, the purposes, tasks, functions and the rights of the National agency on regulation in the field of electronic communications and information technologies (further - the agency).

3. The agency is the central public regulating authority of the market of services in the field of electronic communications and information technologies performing the activities according to the current legislation having the status of the legal entity with the independent budget which is not depending on suppliers of networks and/or services, producers of the equipment of electronic communications, and also the Governments (except as specified, provided by part (7) Articles 8, Item d) parts (1) Article 9 and part (3) article 11 of the Law on electronic communications).

4. In the spheres of activity the agency cooperates with the central bodies of public management and other bodies of the public power.

5. The agency has seal with the State Emblem of the Republic of Moldova and the name in state language, own balance, bank accounts, and also financial and appliances.

6. In the activities the agency is guided by the Constitution of the Republic of Moldova, the Law on electronic communications, another acting legislative and regulations, international agreements which party the Republic of Moldova is, and also this provision.

7. The agency is legal successor of the National agency on regulation in the field of telecommunication and informatics.

II. Purposes and tasks of the agency

8. For implementation of the activities the agency carries out the following tasks:

a) ensuring compliance with the legislation in the field of electronic communications by suppliers of networks and/or services of electronic communications;

b) ensuring realization of policy of creation of information society and National strategy of "Moldova Electronic=";

c) providing and monitoring of implementation of the strategy of development of electronic communications;

d) assistance to development of the domestic market of electronic communications by removal of obstacles on the way of delivery of services, networks and the accompanying infrastructure, respect for the principle of nondiscrimination in vendor relations of networks and/or services;

e) promotion of creation of fair and correct conditions for implementation of activities in the market of suppliers of networks and/or services of electronic communications;

f) promotion of the competition by provision of networks, the accompanying infrastructure and services of electronic communications by stimulation of effective investments into infrastructure and supports of innovations, providing neutrality of the regulating documents from the point of view of the applied technology;

g) ensuring delivery of universal service, interconnection and interaction of networks of electronic communications public;

h) protection of interests of the end user.

III. Functions and rights of the agency

9. For the purpose of realization of provisions of the Law on electronic communications the agency performs the following main functions:

a) development, within competence, the regulating documents according to the law and the strategy of development of electronic communications;

b) regulation and implementation of the mode of general permission and accomplishment of the functions established by the law corresponding to this mode;

c) regulation of the rates and the prices applied in networks and to services of electronic communications according to law provisions;

d) approval after consultations with the Government of rates for the services of electronic communications public provided to end users - to physical persons the suppliers having considerable influence in the relevant market of the fixed telephone communication;

e) development after preliminary consultation with body for protection of the competition of technique of determination of the prices or rates for the services of the fixed telephone communication provided to end users by the suppliers having considerable influence in the relevant market and its promulgation;

f) monitoring of application of provisions of the legislation in the field of electronic communications and taking measures for the prevention and elimination of violations of these provisions;

g) establishment of the principles and rules of interconnection of networks and access to networks and/or services;

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