November 5, 2019 – Mobile operators are asking the Ministry of Defense to grant them access to some buildings and land that the ministry administers for telecommunication facilities. The economic agents request this based on the law 28/2016 on the access on properties and the shared use of the infrastructure associated with the public electronic communications networks.

The representative of the Ministry of Defense, present at the debates organized at the Economic Council on this subject, mentioned that based on the law 345/2003 regarding the national defense, which is in force, all the buildings of the ministry have special status and cannot be used by anyone else. Thus, it is up to the Ministry’s discretion to decide which of the blocks and land the operators can access.

In the meantime, the Ministry has sent letters to the three mobile operators requesting the dismantling of all the installations that were previously located on the buildings managed by the Ministry. Consequently, the operators and the Ministry of Defense are now in litigation proceedings on this subject.

It should be mentioned that Law 28/2016, on the basis of which the economic agents can have access to the state infrastructure was taken from the practice of the European Union – Directive 2002/21 / EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services.

At the end of the debates, it was decided that the economic agents will come with a common approach on the situation created and in which to request a meeting with the Minister of Defense. As a result of this meeting it could be decided which of the buildings and grounds of the institution are not important in terms of state security and which could be used by the mobile operators.

At the next sessions will be discussed the situation with other institutions of the state that is having difficulties in implementing the provisions of law 28/2016.

The Secretariat of the Economic Council to the Prime Minister is  supported  by  the  European  Bank  for  Reconstruction  and  Development, funded by the UK Government’s Good Governance Fund, and the World Bank Group project “Investment Climate Reform”, funded by the Sweden.

The Secretariat of the Economic Council to the Prime Minister is supported by the European Bank for Reconstruction and Development, funded by the UK Government’s Good Governance Fund.