Law no. 163/2021 (known as the “5G Law”) provides mandatory obligations for 5G infrastructure and equipment providers, which must:
- not be under the control of a foreign government that lacks an independent legal system;
- have a transparent shareholding structure;
- not have a history of unethical corporate conduct;
- be subject to a legal system that enforces transparent corporate practices.
According to the 5G Law, this applies to all manufacturers/providers of technology, equipment and software used in information and communication infrastructure with a national interest or in electronic communications networks through which 5G services are provided.
Applicants must file the request with the Ministry of Transport, Infrastructure and Communications (MTIC), which will forward it to CSAT. The Prime Minister will grant authorisation on the recommendation of CSAT, which will issue an opinion within a maximum of four months from the filing of a request.
Each applicant must submit information on its shareholding structure and corporate group, including detailed information on any parent company. Also, the applicant must file a statement on its liability, affirming that it is not under the control of a foreign government lacking an independent legal system.
CSAT will assess the risks, threats and vulnerabilities to national security and defence that an applicant's technology could present; the law explicitly enables CSAT to consider Romania's obligations under international cooperation and any bilateral strategic partnerships and we note that one such bilateral strategic partnership is Romania's 20 August 2020 Memorandum on 5G with the US.
Providers must only use 5G technologies, equipment and software from authorised manufacturers/providers, proving this to ANCOM.
If a company’s authorisation is withdrawn, it would still be able to continue using the equipment for another seven years (for networks) and five years (for the core elements).
Failing to meet this condition can result in fines of between 1% and 5% of turnover. The same fine will apply to existing manufacturers/providers that fail to obtain authorisation after the expiry of the five–year grace period.
Finally, providers that fail to provide information requested by ANCOM may be fined between 3% and 10% of turnover from the year before. Any operator fined would also be forbidden from using non-authorised technology.
According to the 5G tender conditions, operators may only use infrastructure/equipment provided by an authorised provider.
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