​Last year, dozens of people complained that after phone calls in which they were given certain phone, Internet and television offers, they were billed, even though they did not sign the relevant offers or express their consent in writing, as required by law. At the request of HotNews.ro, the arbitrator of the telecommunications market ANCOM clarified what fines he applied to Orange, Vodafone, Telekom Mobile and RCS&RDS.

The Communications Regulatory Authority (ANCOM) announced on Friday the fines it imposed last year on telephone, Internet and television (TV) providers: 177 fines amounting to 1,778,500 lei.

The largest fines were imposed on operators for providing and invoicing electronic communication services without a signed contract with the subscriber, in accordance with the legislation.

91 complaints regarding charging of non-contractual services. What fines did the big operators receive?

Speaking to HotNews.ro, ANCOM representatives said that 91 such petitions were received last year and all major operators were fined.

The largest sanctions were applied to the following suppliers:

• Vodafone Romania: 40,000 lei
• Telekom Romania Mobile Communications: 35,000 lei
• Orange Romania Communications (formerly Telekom Fix): 30,000 lei
• RCS&RDS: 20,000 lei
• Orange Romania: 10,000 lei

How to conclude a distance contract and what people complained about

The authority clarified to HotNews.ro that “these sanctions were applied to suppliers as a result of petitions through which end-users complained about the way remote contracts were concluded with suppliers, as a result of some telephone conversations with a representative of the supplier complained about without the consent of the subscribers “.

• “According to the legal provisions applicable in these cases, if a distance contract is concluded by telephone, the supplier must confirm the offer to the consumer, whose obligations begin only after he has signed the offer or after he has sent his written consent.
• These confirmations must be made on a durable medium.
• Due to non-compliance with the above-mentioned legal provisions, the provision and billing of electronic communication services to subscribers without concluding contracts in accordance with the legal provisions was discovered,” ANCOM representatives informed HotNews.ro.

Electronic communications and postal service operators will be fined over 2.85 million lei in 2023

Last year, ANKOM carried out 3,579 inspections of the markets of electronic communication services and postal services.

After these inspections, the authority sent 171 notices and applied 742 warnings and 446 fines for offenses for a total amount of 2,857,000 lei, which is revenue for the state budget.

177 fines for offenses in the amount of 1,778,500 lei were applied to the electronic communications market.

132 fines for offenses totaling 1,376,500 lei were applied to telephone operators.

Most of the fines in this case were imposed for violation of obligations regarding the conclusion of contracts with end users, non-compliance with the roaming regulations, the carrying out of the transfer process, the method of sending a unilateral message as a result of making changes to the contracts concluded with end consumers.

The largest fine of 40,000 lei was applied for providing electronic communication services without concluding a contract with the subscriber in accordance with the provisions of the law.

In 2023, ANCOM completed a campaign to ensure that prepaid/postpaid mobile service providers comply with the legal provisions on number porting. At the national level, 164 inspections were carried out, after their completion, 16 fines were applied for offenses for a total amount of 160,000 lei.

2 fines for offenses totaling 20,000 lei were applied by ANCOM to Internet access service providers for providing electronic communication services without concluding a contract with the subscriber in accordance with the provisions of the law.

10 infringement fines totaling 96,000 lei were also applied to television and audio broadcasting (RTV) service providers, mainly for non-compliance with technical data, parameters or conditions contained in technical permits.

CATV network providers were fined 23 for offenses totaling 211,000 lei, most of which were imposed for non-compliance with the conditions set out in the general authorization regime.

The largest fine of 35,000 lei was applied for the provision of electronic communication services without concluding a contract with the subscriber in accordance with the provisions of the law.

In the field of radio communication, 10 fines totaling 75,000 lei were applied for the use of frequencies without a license or non-compliance with the technical and operational parameters of radio stations, the largest fine of 30,000 lei is applied for non-fulfillment of license conditions, respectively non-fulfillment of license obligations regarding coverage electronic communications services.

In the radio equipment and electromagnetic compatibility market, ANCOM conducted 1,046 inspections, resulting in 428 warnings and 220 fines for violations totaling 807,000 lei.

The largest fine was 30,000 lei for placing on the market equipment designed to disrupt or interfere with the normal operation of communications using radio frequencies (jammers).

Regarding electromagnetic compatibility, the largest fine of 20,000 lei was applied to the manufacturer for not having CE marking.

On the market of postal services, the body applied 49 fines for a total amount of 271,500 lei, the most common violation was failure to comply with the obligations established by the general permit regime.

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