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

of December 4, 2014 No. 51

About approval of Methodology of planning of the state control of business activity in the field of electronic communications on the basis of the analysis of criteria of risk

Based on parts (1) and (3) Articles 8, Items a), f), s) parts (1) Articles 9, Items b), i) parts (1) and parts (3) article 10 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), with subsequent changes, in pursuance of provisions of the Law on the state control of business activity No. 131 of June 8, 2012 (The official monitor of the Republic of Moldova, 2012, Art. No. 181-184, 595), with subsequent changes, based on General methodology of planning of the state control of the business activity on the basis of the analysis of criteria of risk approved by the Order of the Government No. 694 of September 5, 2013. (Official monitor of the Republic of Moldova, 2013, Art. No. 198-204, 796), according to provisions of item 14 and subitem b) item 15 of the Regulations on the National agency on regulation in the field of electronic communications and information technologies (NAREKIT) approved by the Order of the Government No. 905 of July 28, 2008. (Official monitor of the Republic of Moldova, 2008, Art. No. 143-144, 917), DECIDES: NAREKIT Administrative board

1. Approve Methodology of planning of the state control of business activity in the field of electronic communications on the basis of the analysis of criteria of risk it (is applied).

2. To impose control over the implementation of this resolution on management of monitoring and control.

3. Publish this resolution in the Official monitor of the Republic of Moldova.

Chairman of the NAREKIT Administrative board

Grigor Varanitsa

Member of the NAREKIT Administrative board

Korneliu Zhaloba

Appendix

to the Resolution of Administrative board of the National agency on regulation in the field of electronic communications and information technologies of December 4, 2014 No. 51

Methodology of planning of the state control of business activity in the field of electronic communications on the basis of the analysis of criteria of risk

I. General provisions

1. The methodology of planning of the state control of business activity in the field of electronic communications on the basis of the analysis of criteria of risk (further – Methodology) establishes organizational and methodological base of process of assessment of risk level when planning by the National agency on regulation in the field of electronic communications and information technologies (further – the Agency), the state control of business activity in the field of electronic communications and procedure of award of the corresponding points for the preset scale by their ratio with ponderability of each criterion depending on its relevance for general risk level.

2. Application of points by each criterion of risk established in this Methodology is performed for each checked supplier of networks and/or services of electronic communications (further – the supplier) and comes to the end with development of their classification depending on the got points according to the individual predicted risk level.

3. The predicted risk level for each supplier determines the frequency and intensity of necessary control measures concerning activities of this supplier.

II. Establishment of criteria of risk

4. Criteria of risk sum up set of circumstances or characteristics of the subject and/or object which is subject to control and/or the previous relations of the controlled supplier and the Agency, existence and which intensity violations of conditions of general permission or the license, provisions of the laws, other normative and regulating acts of activities in the field of electronic communications can specify probability of provision of low-quality services of electronic communications.

5. Criteria of risk in the field of electronic communications are established proceeding from functions and competences of the Agency, type of relations and social values which are subject to protection, and also damages which should be avoided.

6. The state control of business activity in the field of electronic communications is planned based on the analysis of the following criteria of risk:

1) the period in which the supplier performs activities in the field of electronic communications;

2) date of the last check;

3) the previous violations (revealed in case of the last check);

4) amount of the income from activities in the field of electronic communications;

5) availability of the reliable information confirmed with proofs about possible violations.

7. The criteria of risk listed in the item 6, answer the purpose of activities of the Agency, cover all suppliers who are subject to control, are based on reliable and available information, are weighed, are classified by degree of the intensity of risk reflecting them and applied to comprehensive nature of sources of risk.

III. Distribution of intensity of risk

8. Each criterion of risk is distributed on intensity degrees/levels which are estimated according to value of risk degree. The scale of assessment is in the range from 1 to 5, where 1 means minimum and 5 – the maximum risk degree.

9. In case of award of digital values will be considered ponderability of each level within criterion of risk and uniformity of movement from one level of another so that appropriate levels of possible risks from minimum to maximum were reflected in one comprehensive register.

10. The risk level corresponding to the criteria established in subitem 1 of the item 6, is distributed as follows:

The period in which the supplier performs activities in the field of electronic communications

Risk level (R 1)

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