Eduard Lovin, vicepresident ANCOM: “We hope that the new ‘5G Law’ will be promulgated as soon as possible”

“We hope that the new ‘5G Law’ will be promulgated as soon as possible. ANCOM is ready for the tender for the allocation of radio spectrum usage rights to facilitate the implementation and widespread use of 5G at the national level, but we can start the necessary procedures to organize the tender only after certain conditions are met, the same that led to the postponement of the tender from 2019,” Eduard Lovin, vicepresident ANCOM told The Diplomat-Bucharest.

“I am convinced that the responsible authority, namely the Ministry of Transport, Infrastructure and Communications, will propose a draft and the Parliament will adopt a law that is adapted to the Romanian market and clarifies all aspects related to security in the context of implementing new technologies. We all understand that the subject is sensitive, the implications are major in the long run, and therefore the legislation must be clear and stable for optimal application.”

How would you characterize the draft law on the implementation of 5G services in Romania, already criticized by telecom operators?

Since the signing of the Memorandum between the United States of America and Romania, ANCOM has repeatedly stated the need to transpose it into national law. We all need the whole legislation to be consistent and applicable.

We know the provisions of the draft law and, because we are particularly attentive to the security elements of the networks, we sent the ministry statistical data and observations in this regard both during the drafting and during the public consultation of the draft. ANCOM’s responsibility is to apply the legal provisions in force.

According to the draft normative act, ANCOM will acquire attributions related to the verification of the observance of the provisions applicable to the providers of electronic communications networks and services. To this end, we will also acquire the right to obtain detailed information on the technologies, equipment and software programs implemented or planned to be implemented in 5G networks, their manufacturer, as well as on the degree of outsourcing to third parties of certain activities related to when managing the public electronic communications networks provided.

I am convinced that the responsible authority, namely the Ministry of Transport, Infrastructure and Communications, will propose a draft and the Parliament will adopt a law that is adapted to the Romanian market and clarifies all aspects related to security in the context of implementing new technologies. We all understand that the subject is sensitive, the implications are major in the long run, and therefore the legislation must be clear and stable for optimal application.

When do you think the new “5G Law” will be adopted and promulgated? When do you think auctions for the new frequencies could be launched?

We hope that the new law will be promulgated as soon as possible. ANCOM is ready for the tender for the allocation of radio spectrum usage rights to facilitate the implementation and widespread use of 5G at the national level, but we can start the necessary procedures to organize the tender only after certain conditions are met, the same that led to the postponement of the tender from 2019.

The first of these is the adoption of the law you are referring to, namely the Law on the adoption of measures on information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (5G Law), which is, in fact, the main condition to be met to start the auction, because the other aspects and deadlines depend on it.

A second condition would be the establishment and adoption of starting prices and the timetable for the payment of these taxes by the Government, by publishing the Government Decision in the Official Gazette. ANCOM proposed and consulted publicly last year the starting prices for the auction, located at approx. 580 million euros; of course, if the demand exceeds 350 MHz (as ANCOM includes in the auction), in one band or in all, the operators can bid, and the results of the auction depend on this. Equally, depending on the final form of the draft law you have mentioned, the new validity terms of the licenses and any new obligations regarding the infrastructure that operators can use, these starting prices could suffer changes. But let’s not forget that these taxes are part of the state budget.

Another condition for legislative coherence and regulatory predictability in the telecom market is the implementation of the 5G Cyber ​​Security Toolbox. The Government of Romania submitted to the European Commission the report on the implementation of the main strategic and technical measures in accordance with the set of 5G measures recommended at EU level, and by 1 October 2020, the European Commission, in cooperation with Member States, had to assess the effects the March 2019 recommendation to determine whether further action is needed. As far as I know, this evaluation is still being worked on. Some of the measures in the Toolbox are already part of the legislation in the field of electronic communications or national law transposing the NIS Directive, and some provisions of the draft law mentioned by you are in line with some measures contained in the 5G Toolbox .

To the extent that these conditions will be met, the publication in the Official Gazette of Law 5G and the GD on starting prices for the auction, ANCOM can start preparations for the auction and then the actual auction, 3-4 months after that moment.

What are ANCOM’s priorities for the end of the year?

In the next period, the campaign for measuring the national coverage with mobile voice services, started in August, will be completed, during which the coverage in all localities with more than 10 inhabitants is measured. Through these campaigns – this year’s being the third such campaign, we check whether the operators have fulfilled their obligation to cover with voice services the areas inhabited by at least 98% of Romania’s population through its own radio access network , an obligation assumed in the licenses for the use of the frequency spectrum won in the 2012 tender.

For the general public, the project also means updating aisemnal.ro, the platform launched by ANCOM last year, with the latest information. Aisemnal.ro is very important first of all for users, because it allows a very accurate diagnosis of the coverage with mobile voice signal, practically at every address in Romania.

Also at the end of this year, we started a study on the establishment of a mechanism for periodic verification of the accuracy and reliability of location information obtained at the level of the SNUAU system, so as to identify areas and / or cases where the information localization is insufficient and / or inadequate for effective intervention.

At the same time, after completing the informal discussions with the main communication operators and some of the profile associations, we want to initiate technical discussions with MRDPA and MTIC, on technical regulations provided by the Infrastructure Law and to be approved by joint order of the relevant minister, minister Regional Development and Public Administration and the President of ANCOM.

In the coming weeks we will publish more interesting statistical data reports. For the electronic communications services market, the report for the first half of this year captures interesting developments, the expression of the intensive use of electronic communications in the context of the pandemic. Also interesting will be the report on the postal services market for last year – the first edition based on a new set of indicators. In this context, we are working on the renovation of the indicators collected for statistical data in electronic communications, so that from this year we can propose a new, more current look, which will reflect market developments and legislative changes.

In the postal services market, we will complete in the next period a study on the quality of parcel services and the impact of e-commerce on the postal services market and we will take the necessary steps to amend and complete the general authorization regime for the provision of postal services.

What are the challenges and plans of ANCOM for 2021?

The biggest challenge will obviously be to organize a successful auction, in which operators will compete for as much spectrum as possible, to support the provision of new technologies to users, on a large scale, at fair prices and in security conditions. Currently, 3 operators have launched their first commercial versions of 5G, and in terms of 5G coverage, Romania was in the middle of the year, in the top 5 EU. After the auction, we want to see the bet of the fourth operator on 5G, so that we can continue the healthy dynamics with which we learned.

In addition to this extensive project, which will involve many of the Authority’s human resources, we will continue the project to implement the Infrastructure Law, a multi-annual project of ours. In the first part of next year we plan to establish indicative access tariffs to the pillars of a network operator, a project that will help facilitate the development of electronic communications networks and physical infrastructure elements necessary to support them.

After the implementation in the national legislation of the provisions of the Code on electronic communications, the legal framework at the level of secondary legislation will also have to be revised for harmonization. In this regard, we plan to review the minimum security measures to be taken by providers of public electronic communications networks or electronic communications services intended for the public, to review the incident reporting mechanism with significant impact on the provision of electronic communications networks and services. , the revision of the general authorization regime for the provision of electronic communications networks and services and the revision of the secondary regulations regarding the administration and management of radio spectrum and numbering resources.

What are ANCOM’s priorities for the end of the year?

In the next period, the campaign for measuring the national coverage with mobile voice services, started in August, will be completed, during which the coverage in all localities with more than 10 inhabitants is measured. Through these campaigns – this year’s being the third such campaign, we check whether the operators have fulfilled their obligation to cover with voice services the areas inhabited by at least 98% of Romania’s population through its own radio access network , an obligation assumed in the licenses for the use of the frequency spectrum won in the 2012 tender.

For the general public, the project also means updating aisemnal.ro, the platform launched by ANCOM last year, with the latest information. Aisemnal.ro is very important first of all for users, because it allows a very accurate diagnosis of the coverage with mobile voice signal, practically at every address in Romania.

Also at the end of this year, we started a study on the establishment of a mechanism for periodic verification of the accuracy and reliability of location information obtained at the level of the SNUAU system, so as to identify areas and / or cases where the information localization is insufficient and / or inadequate for effective intervention.

At the same time, after completing the informal discussions with the main communication operators and some of the profile associations, we want to initiate technical discussions with MRDPA and MTIC, on technical regulations provided by the Infrastructure Law and to be approved by joint order of the relevant minister, minister Regional Development and Public Administration and the President of ANCOM.

In the coming weeks we will publish more interesting statistical data reports. For the electronic communications services market, the report for the first half of this year captures interesting developments, the expression of the intensive use of electronic communications in the context of the pandemic. Also interesting will be the report on the postal services market for last year – the first edition based on a new set of indicators. In this context, we are working on the renovation of the indicators collected for statistical data in electronic communications, so that from this year we can propose a new, more current look, which will reflect market developments and legislative changes.

In the postal services market, we will complete in the next period a study on the quality of parcel services and the impact of e-commerce on the postal services market and we will take the necessary steps to amend and complete the general authorization regime for the provision of postal services.

What are the challenges and plans of ANCOM for 2021?

The biggest challenge will obviously be to organize a successful auction, in which operators will compete for as much spectrum as possible, to support the provision of new technologies to users, on a large scale, at fair prices and in security conditions. Currently, 3 operators have launched their first commercial versions of 5G, and in terms of 5G coverage, Romania was in the middle of the year in the top 5 at EU level. After the auction, we want to see the bet of the fourth operator on 5G, so that we can continue the healthy dynamics with which we learned.

In addition to this extensive project, which will involve many of the Authority’s human resources, we will continue the project to implement the Infrastructure Law, a multi-annual project of ours. In the first part of next year we plan to establish indicative access tariffs to the pillars of a network operator, a project that will help facilitate the development of electronic communications networks and physical infrastructure elements necessary to support them.

After the implementation in the national legislation of the provisions of the Code on electronic communications, the legal framework at the level of secondary legislation will also have to be revised for harmonization. In this regard, we plan to review the minimum security measures to be taken by providers of public electronic communications networks or electronic communications services intended for the public, to review the incident reporting mechanism with significant impact on the provision of electronic communications networks and services, the revision of the general authorization regime for the provision of electronic communications networks and services and the revision of the secondary regulations regarding the administration and management of radio spectrum and numbering resources.

Photo: ZF