Preliminary assessment of the third payment request of Romania (2024)

xxiii.   Terms of Reference for the organization of the competitive selection procedure for awarding
         frequency usage rights in the 700 MHz, 800 MHz, 1500 MHz, 2600 MHz and 3400-3800 MHz
         bands:
         https://www.ancom.ro/uploads/forms_files/CAIET_SARCINI_LICITATIE_20191564493717.pd
         f;
xxiv.    Email sent by ANCOM to the attention of the administrative territorial units informing them
         of the publication of the booklet providing information material on the authorisation of the
         construction of electronic communication networks (document xviii) on 17 October 2022.

Analysis:

The justification and substantiating evidence provided by the Romanian authorities cover all constitutive elements of the milestone.

As per the draft roadmap currently under analysis between relevant ministries, Romania shall implement for 12 out of 39 recommendations [from the EU Connectivity Toolbox] (...) All shall be finalised in 2022:

The draft roadmap sent to Romania by the Commission on 2021 is identical to the roadmap adopted by Government memorandum on 10 November 2021.

    i.   24 – Promote adequate reserve prices

Recommendation 24 of the EU Connectivity Toolbox invites Member States to set spectrum reserve prices (the minimum amount paid for spectrum sold at auctions) by using a methodology, financial valuation models and/or other models.

The roadmap does not define any additional actions for the fulfilment of this recommendation. The roadmap (page 37) specifies that the National Authority for Administration and Regulation in Communications (ANCOM) deemed that the draft Government Decision on setting the amount of the minimum licence fee for granting frequency usage rights, as well as the payment conditions for the licence fees, submitted to public consultation met all the best practice aspects identified in the toolbox.

Government Decision No. 1139/2022 establishing the minimum amount of the license fee for the granting of rights to use the radio frequencies available in the radio frequency bands 703-733 MHz/758-788 MHz, 738-753 MHz, 1452-1492 MHz, 2550-2570 MHz/2670-2690 MHz and 3400-3800 MHz was published in Official Journal No. 906 on 14 September 2022 and entered into force on the same day, in accordance with the provisions in Article 12(3) of Law No. 24/2000 on Legislative technique. This Government Decision therefore sets spectrum reserve prices by setting the minimum amount that must be paid at auctions for spectrum (i.e., radio frequencies).

The draft Government Decision was submitted for public consultation from 13 to 27 July 2022 (document 5). The following changes were made to the decision following the public consultation, none of which change the foreseen spectrum reserve prices:

• • Licence duration in 700 MHz, 1500 MHz and 3400 – 3800 MHz bands extended by 5

years, from 20 to 25 years long;

• • Introduction of a 6th instalment in 2026, for the licences in 700 MHz and 1500 MHz

bands and introduction of a 4th instalment in 2027, for the licences in 3400 – 3500 MHz band; subsequent reduction of the amount for certain instalments;

• • Elimination of execution bonds to guarantee future payments.