RomaniaANCOM Decision 786/2022, total conversation emergency communications of end users with hearing or speech disabilities (Article 34^2 of Decision 1023/2008)
Decizia ANCOM nr. 786/2022 pentru modificarea și completarea Deciziei președintelui Autorității Naționale pentru Comunicații nr. 1023/2008… privind realizarea comunicațiilor către Sistemul național unic pentru apeluri de urgență, art. I pct. 20 (art. 34^2)
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- If you provide publicly available number-based interpersonal communications services that originate calls to a number in the national or an international numbering plan, originate and transmit to the single emergency call center set by the administrator of the national single emergency call system the emergency communications that end users with hearing or speech disabilities, or with hearing or speech impairments proved by a medical document, make through a total conversation service, including where those users are roaming in Romania (Art. 34^2(1) of Decision 1023/2008; implements Directive (EU) 2018/1972, Art. 109(2) and (5)).
- In meeting that duty, take account of the capabilities of the single emergency call center set by the administrator of the national single emergency call system (Art. 34^2(2) of Decision 1023/2008).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 143(1)(a) of the code fines a contravention of Article 142 from 5,000 lei to 60,000 lei, and up to 100,000 lei for repeated breaches. Article 143(1)(b), in derogation from Article 8(2)(a) of Government Ordinance 2/2001, lets the fine reach up to 5 percent of turnover, and up to 10 percent for repeated breaches, for a person whose turnover exceeds 3,000,000 lei. Turnover is the figure in the last annual financial statement the operator reported (Article 143(3)). Article 151(1) separately lets ANCOM impose administrative fines of up to 30,000 lei for each day of delay to compel the compliance it lists. Article 143(7) lets the offender pay, within 15 days of receiving or being notified of the contravention report, half of the fine applied, in derogation from Government Ordinance 2/2001. Article 149(1)(a) lets ANCOM, once a contravention is found, order the infringement to end and the measures needed to remedy it, and Article 151(1)(e) lets the daily fines compel compliance with those measures. The amounts are in lei and are those of the consolidated text of the code to .
- Rule
- Higher of
- As of
- Minimum
- 5,000
- Currency
- RON
- Fixed cap
- 60,000
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The National Authority for Administration and Regulation in Communications (ANCOM), whose control staff record the contraventions (Government Emergency Ordinance 111/2011, Articles 137(1) and 144(1))
What this law does
ANCOM Decision 786/2022 amends Decision 1023/2008 on communications to the national single emergency call system.
Article 34^2(1), which the Decision inserts, requires providers of publicly available number-based interpersonal communications services that originate calls to a number in the national or an international numbering plan to originate and transmit to the single emergency call center set by the administrator of that system the emergency communications that end users with hearing or speech disabilities, or impairments proved by a medical document, make through a total conversation service, including when those users are roaming in Romania.
In doing so the providers must take account of the capabilities of that center. ANCOM adopted the Decision pursuant to Article 70(7) and (13) of Government Emergency Ordinance 111/2011, among other provisions. ANCOM has stated that it set, through Decision 786/2022 and pursuant to Article 70(9) of the code, the measures that providers of number-based interpersonal communications services must meet to comply with Article 70(7).
Article IV of the Decision brings it into force on the date of its publication in Monitorul Oficial, except Article 34(4) of Decision 1023/2008, which follows three months after that publication. The consolidated text of ANCOM Decision 336/2013 records as the day on which Decision 786/2022 took effect. Article 142, point 37^1, of the code makes non-compliance with the measures imposed pursuant to Article 70(9) a contravention.
Article 32(1)(d) of Government Emergency Ordinance 34/2008 fines the non-compliance of those providers with the technical and economic conditions ANCOM sets for communications to the emergency call system from 5,000 lei to 100,000 lei.
When LexLint raises it
When your app profile says your app provides telecom services.
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