THE RESOLUTION OF THE AGENCY ON REGULATION IN THE FIELD OF ELECTRONIC COMMUNICATIONS AND INFORMATION TECHNOLOGIES OF THE REPUBLIC OF MOLDOVA

of February 25, 2010 No. 08

About approval of the procedure (a) of concession or lease of the right to use limited resources

Based on part (2) article 31 of the Law on electronic communications No. 241/2007 (pereopublikovan in the Official monitor of the Republic of Moldova, 2017, No. 399-410, the Art. 679), with subsequent changes and parts b) Item 15 of the Provision of the National agency on regulation in the field of electronic communications and information technologies approved by the Order of the Government No. 905 of July 28, 2008 (The official monitor of the Republic of Moldova, 2008, No. 143-144, of the Art. 917), the DECIDES: Administrative board

1. Affirms procedures (a) of concession or lease of the right to use limited resources, according to appendix.

2. This Resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Appendix

to the Resolution of Administrative board of the National agency on regulation in the field of electronic communications and information technologies of February 25, 2010 No. 08

Procedure of concession or lease of the right to use limited resources

I. General provisions

1. Ceased to be valid according to the Resolution of the National agency on regulation in the field of electronic communications and information technologies of the Republic of Moldova of 23.11.2018 No. 38

1-1. The right to use limited resources granted by means of the license can be yielded or is leased according to this procedure, and also where it is pertinent, according to provisions of special standard conditions of the license for use of radio frequencies/channels, or in appropriate cases for certain resources of numbering.

1-2. Complete or partial concession of the license to use of limited resources shall not lead to change of appointment and conditions of use of the radio frequencies/channels or resources of numbering included in licenses.

1-3. Use by the cessionary/lessee of the limited resources yielded to it or leased by it can be performed only after issue of the new license to use of the appropriate limited resources.

2. In this Procedure the following concepts are determined:

concession - transfer of the license by the owner based on the contract on concession;

the assignor - the owner of the license who transfers the license based on the contract on concession;

the cessionary - the supplier of networks of electronic communications of general use and/or services of electronic communications public who uses the yielded license based on the contract on concession;

lease - temporary transfer of the license of right to use by the owner limited resources based on the contract of lease;

the lessor - the owner of the license who based on the contract of lease temporarily grants right to use of limited resources which owns based on the license;

the lessee - the supplier of public networks of electronic communications to whom the lessor grants the right temporarily to use limited resources based on the contract of lease.

3. With the consent of National regulation agency in the field of electronic communications and information technologies, further the Agency, the following licenses granted to suppliers of networks and services of electronic communications public can be yielded:

1) licenses to use of radio frequencies and channels for the purpose of provision of networks and/or services of electronic communications public, including digital multiplexes, except for licenses to use of radio channels or radio frequencies for analog broadcasting networks and/or stations;

2) licenses to use of resources of numbering for the purpose of provision of networks and/or services of electronic communications public;

3) it is excluded;

4) ceased to be valid.

3-1. The statement for concession of the license to use of resources of numbering of number, codes or blocks of numbers, as follows can be object:

1) codes and short national numbers from number row "1" – according to one number, all numbers or codes included in the same license, except for numbers of form 11x and numbers (where x = 0. 9);

2) for the geographical numbers and numbers which are not depending on location, issued to public networks and services of the electronic communications provided to the fixed points:

a) in case of blocks on 100 numbers – the complete block;

b) in case of blocks on 1000 or 10000 numbers – the complete block of numbers or one or several blocks on 100 and/or 1000 numbers;

3) for not geographical numbers selected to public networks and services of the electronic communications provided in mobile and mobile virtual points:

a) in case of blocks on 10000 numbers – the complete block of numbers;

b) in case of blocks on 100000 numbers – the complete block of numbers or one or several blocks on 10000 numbers;

4) for numbers from ranks "8" and "9":

a) in case of blocks on 10 numbers – the complete block of numbers;

b) in case of blocks on 100 or 1000 numbers – the complete block or one or several blocks on 10 and/or 100 numbers;

c) in case of blocks of numbers "814xxxxx" and "821xxxxx" - one number, several numbers or where it is necessary, all numbers.

3-2. Can be subject of one statement for concession of the license to use of radio frequencies or channels: one radio channel or several, one radio frequency or several, one substrip of radio frequencies or several substrips of the same strip of the radio frequencies or different strips included in the same license with observance where it is applicable, special standard conditions of the licenses granted for special strips of radio frequencies.

3-3. The owner of the license who transferred the right to use resources of numbering to the supplier to the cessionary shall inform in writing other suppliers with whom he vzaimopodklyuchen, about complete or partial concession of resources of numbering within 3 working days from the date of receipt of the decision on concession.

3-4. Any contract (agreement) which subject is the concession (transfer) of the rights granted by the license concluded without receipt of prior consent of the agency, is invalid.

4. The licenses granted by the Agency by means of the procedure of direct provision as well as the licenses granted on competitive basis can be yielded.

5. The licenses granted by means of direct provision can be yielded with observance without fail of the following total conditions:

1) observance of conditions of concession of the license;

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