Preliminary assessment of the second payment request of Romania

 iv)    ANCOM Decision No. 644/2022 on the selection procedure for awarding spectrum usage
        rights in the 700 MHz, 1500 MHz and 3400-3800 MHz bands.
  v)    Government Decision No. 1139/2022 on setting the minimum amount of the licence fee for
        awarding frequency usage rights for the radio frequencies available in the 703-733 MHz,
        738-753 MHz, 1452-1492 MHz, 2550-2570 MHz and 3400-3800 MHz bands.
 vi)    The Substantiation (i.e. background) Note to the Government Decision No. 1139/2022 on
        setting the minimum amount of the licence fee for awarding frequency usage rights for the
        radio frequencies available in the 703-733 MHz, 738-753 MHz, 1452-1492 MHz, 2550-2570
        MHz and 3400-3800 MHz bands.
 vii)   ANCOM Decision No. 645/2022 on amending and completing ANCOM Decision No.
        551/2022 on setting the tariff for the use of the radio spectrum.
viii)   ANCOM peer review report in the proceedings of the seminar on award procedures rights

of use for radio spectrum organised within the framework of radio spectrum policy group (RSPG), from 28 February 2019. Analysis: The justification and substantiating evidence provided by the Romanian authorities covers all constitutive elements of the milestone. Publication and organisation of a competitive selection procedure (auction) for granting the so called “5G licenses” (i.e. in the 700 MHz, 1500MHz and 3,4 – 3,8GHz bands) The Notice on the organisation of the competitive selection procedure, which marks the start of the selection procedure was published on ANCOM’s website on 19 September 2022. This publication gave notice to the organisation of the competitive selection procedure (auction) for granting the 5G licenses bands (700 MHz, 1500 MHz and 3,4-3,8GHz bands) in accordance with the Terms of Reference requirements. The competitive selection procedure is ensured as the design of the

auction allows for bidding process as specified in the Terms of Reference. Long term licences are envisaged as per the European Electronic Communications Code criteria, to efficiently stimulate 5G, promote competition and end-users’ rights Article 31 of the Government Emergency Ordinance No. 111/2011 on electronic communications sets the duration of the radio frequencies usage rights taking into account the provisions of Recital 127 and Article 49(2) of Directive (EU) 2018/1972 establishing the European Electronic Communications Code. Section 3.1 of the Terms of References, drafted by ANCOM in compliance with Article 28(15) of Government Emergency Ordinance No. 111/2011, provides for the granting of rights (licenses) to use radio frequencies for a period of up to 25 years for the 700 MHz, 1500 MHz and 3400-3800 MHz bands. This section also takes into account Government Decision No. 1139/2022 on setting the minimum amount of the licence fee for awarding frequency usage rights. As provided by the

European Electronic Communications Code criteria, the Terms of References provide that when granting spectrum usage rights, the two following criteria must be considered: (i) the promotion of an effective and efficient use of the radio frequency spectrum; and (ii) the promotion of innovation and efficient investment, including by allowing an adequate period of amortisation by lowering the period of depreciation of the investment. Government Decision No. 1139/2022 establishes the financial obligations to be met by the successful bidders of the spectrum usage rights tender for each frequency block included in the selection procedure, in connection with the validity periods. Compliance with these financial obligations results in a process that efficiently stimulates 5G spectrum bands deployment and promotes competition and, in turn, ensures end-users’ rights, as detailed in section 2 of the

23