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LAW OF THE REPUBLIC OF MOLDOVA

of March 10, 2016 No. 28

About access to property and joint use of the accompanying infrastructure of networks of electronic communications public

(as amended on 09-06-2022)

The parliament adopts this organic law.

Chapter I. General provisions

Art. 1. – (1) This law establishes rules and conditions in which it is performed:

a) access to public or private property for construction (installation), servicing, dismantle, replacement, transfer or retekhnologization of networks of electronic communications public or elements of infrastructure necessary for their maintenance;

b) joint use of the elements of physical infrastructure located on over, in or under public or private property which can be used for installation of networks of electronic communications public;

c) joint use of elements of the accompanying infrastructure of networks of electronic communications of general use for the purpose of installation, servicing, dismantle, replacement, transfer or retekhnologization of networks of electronic communications of general use and provision of services of electronic communications to end users;

d) permission of construction (installation), dismantle, replacement, transfer or retekhnologization of networks of electronic communications public and elements of the accompanying infrastructure of these networks.

(2) Operation of this law does not extend to special networks of electronic communications, telecommunication system of bodies of public management and the accompanying infrastructure of these networks.

(3) This law is applied to all suppliers of networks of electronic communications public authorized according to the law irrespective of their market position and does not mention ex-ante measure (preliminary special obligations) which can be assigned according to articles 43-50 and 54-57 of the Law on electronic communications No. 241-XVI of November 15, 2007 and the regulating documents published on its basis.

(4) No official act and any administrative measure of the central or local body of the public power can prohibit or limit right of access or possibility of provision of access to property or to physical infrastructure, except the documents and measures necessary and reasonable for ensuring integrity and functionality of this property and infrastructure placed on the corresponding objects of property.

Art. 2. – (The following concepts mean 1) For the purpose of this law:

access to property – access on, over, in or under the parcels of land, including agricultural, the woods, waters, the buildings or other real estate and building constructions which are in public or private property for the purpose of their use for construction (installation), servicing, dismantle, replacement, transfer or retekhnologization of networks of electronic communications public or the elements of infrastructure necessary for their maintenance;

physical infrastructure – the constructions located on over, in or under the parcels of land, including agricultural, the woods, waters, roads, streets, transitions over them, the viaducts, bridges, tunnels, technical galleries, collectors, channels, pipelines, columns, support, towers, buildings or other real estate and building constructions which are in public or private property which can be used for construction (installation) of networks of electronic communications public, and also the internal physical infrastructure of buildings intended for placement of internal cable networks of access;

access to physical infrastructure – provision according to Articles 5 and 6 in the order of the supplier of networks of electronic communications of the general use authorized according to the law, the constructions located on over in or under the parcels of land, including agricultural, the woods, waters, roads, streets, transitions over them, viaducts, bridges, tunnels, technical galleries, collectors, channels, pipelines, columns, support, towers, buildings or other real estate and building constructions which are in public or private property which can be used for construction (installation) of networks of electronic communications public, and also internal physical infrastructure of buildings;

the accompanying infrastructure – the accompanying services, infrastructure and other installations or the accompanying elements of network of electronic communications of general use and/or service of electronic communications public which allow to provide and/or provide provision of services by means of the relevant network and/or the corresponding service or have this potential and include, among other things, buildings or entrances to buildings, kabeleprovodka of buildings, niches, distribution box, channels, pipes, pipelines, support, towers, antennas, passive elements of network and other supporting constructions;

access to the accompanying infrastructure – provision according to Articles 21 and 22 in the order of the supplier of networks and/or services of electronic communications of the general use authorized according to the law, elements of the accompanying infrastructure of networks of electronic communications public for the purpose of construction (installation), servicing, dismantle, replacement, transfer or retekhnologization of networks of electronic communications public and/or collocation and connection of the equipment and/or other accompanying elements of the network of electronic communications public which is in property of this supplier for provision of services of electronic communications to end users;

exclusive right – the right granted only to one supplier of networks of electronic communications public by means of any normative or administrative act which grants right of access to certain public or private property for the purpose of construction (installation) or provision of networks and/or services of electronic communications public and/or for carrying out other types of activity in the field of electronic communications in certain geographical zone or provides it the legitimate and/or regulatory benefits significantly influencing possibility of other suppliers to perform right of access to public or private property with the same purpose and/or to carry out similar activities in the same geographical zone in similar conditions;

the special right – the right granted to limited number of suppliers of networks of electronic communications public by means of any normative or administrative act, which:

a) grants right of access to public or private property for the purpose of construction (installation) or provision of networks and/or services of electronic communications public and/or for carrying out other types of activity in the field of electronic communications in certain geographical zone differently, than on the basis of transparent, non-discriminatory, objective and pro rata criteria; or

b) provides differently, than according to the above-stated criteria, the legitimate or regulatory benefits significantly influencing possibility of any other supplier to perform right of access to public or private property with the same purpose and/or to carry out similar activities in the same geographical zone in similar conditions;

the accompanying service – the service accompanying network of electronic communications public and/or service of electronic communications public which allows to provide and/or provides provision of services of electronic communications public by means of the relevant network and/or the corresponding service or has this potential and includes, among other things, converting of numbers or system with equivalent functions, systems of conditional access, management according to electronic programs and other services, such as services of identification, localization and presence.

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