By Decision no. 223/2026 published in Official Gazette no. 402 of May 13, 2026, the market perimeter that the Regulatory Authority (ANCOM) will analyze to determine if there are operators with significant power is redefined.
What does it stipulate?
The Decision establishes a new analytical framework for the ‘local access to fixed points’ market. In business terms, this refers to the physical infrastructure segment (fiber optic, cable, copper) that connects operators’ central offices to end-customer premises – companies or residential consumers. Through this act, ANCOM updates the market definition, repealing a similar decision from 2015, to reflect technological and commercial developments in recent years, especially the expansion of very high-speed networks.
This act does not impose direct and immediate obligations but represents an essential procedural step preceding future regulations. Based on this new definition, ANCOM will initiate a detailed market analysis to determine if one or more operators hold a dominant position (significant power) in this segment. The analysis will assess the level of competition and barriers to market entry for other providers.
Depending on the results of the analysis, if ANCOM identifies an operator with significant power, it may impose specific obligations. These may include, for example, the obligation to offer other providers access to its physical network at regulated tariffs, transparency obligations, or non-discrimination obligations. The purpose of these potential measures is to stimulate competition, allowing smaller operators to offer services using the infrastructure of dominant players.
To whom does it apply?
The Decision directly targets all providers of electronic communications networks and services in Romania. Particularly, it targets operators who own and operate fixed-point access infrastructure, regardless of the technology used (fiber optic, coaxial cable, etc.). Indirectly, the decision will impact the entire communications ecosystem, including Internet Service Providers (ISPs) who do not own their network and who could benefit in the future from easier access to the infrastructure of large operators.
What should you do?
- Analyze the new market definition and evaluate your position in relation to it, especially if you own extensive local access infrastructure.
- Prepare for future data requests from ANCOM within the market analysis that will follow this decision.
- Evaluate the risk of being designated as a provider with significant power and the impact of potential specific obligations (e.g., access, transparency, or tariff control) on your business model.
Source: Official Gazette, Part I, no. 402 of May 13, 2026.
Note: This material is strictly for informational purposes and does not constitute legal, tax, or business advice. As the interpretation and application of legal provisions can vary significantly depending on the specific circumstances of each entity, we recommend seeking specialized legal assistance before adopting any operational decisions based on these changes.