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Position of the Communications Regulation Commission on the application of Art. 43, para. 2 of the General Requirements for provision of Public Electronic Communications (the General Requirements) in relation to Art. 228, para 3 of the Law on Electronic Communications (LEC) (adopted by Protocol decision № 2 of 27 November 2014)

Position of the Communications Regulation Commission on the application of Art. 43, para. 2 of the General Requirements for provision of Public Electronic Communications (the General Requirements) in relation to Art. 228, para 3 of the Law on Electronic Communications (LEC) (adopted by Protocol decision № 2 of 27 November 2014)

 

According to Art. 228, para. 3 of LEC, the individual contract under General Requirements enters into force within seven days after its signing, except when the subscriber has expressly declared in writing a wish that the contract enters into force  immediately . The quoted provision regulates imperatively two moments of making the contract effective under Art. 228, para. 1 of LEC, respectively two moments, which start   the term of the contract, namely:

 

-          Within 7 days after its signing; or

-          Immediately (from the date of its signing).

 

Arrangements between the Parties (undertaking and end user) settling hypothesis deferring from those, should be considered as null and void (arg. of Art. 26 of the Law on Obligations and Contracts).

 

Given the above-stated, the undertakings must include in their individual contract the information under Art. 43, para. 2 of the General Requirements, taking into account Art. 228, para 3 of LEC. In addition, in view of the legal execution of the requirement under Art. 43, para. 1 in relation with para. 2 of the General Requirements, undertakings should calculate the periods according to the provisions under  Art. 72, para. 1 of the Law on Obligations and Contracts (LOC).

 

Example № 1: The contract is signed on 01.07.2014 for a period of 24 months. The subscriber has agreed the contract to enter into force immediately (from 01.07.2014). With reference to Art. 43, para. 1 in connection with para. 2 of the General Requirements, the contract should contain the following indicative information: “The contract shall enter into force on 07.01.2014 and shall expire on 01.07.2016”.

 

Example № 2: The contract is signed on 01.07.2014 for a period of 24 months. The contract shall enter into force within seven days from its signing. With reference to Art. 43, para. 1 in connection with para. 2 of the General Requirements, the contract should contain the following indicative information: “The contract shall enter into force on 09.01.2014 and shall expire on 09.07.2016”. The undertaking has the right to refuse to sign an individual contract with a postponement of the entry into force within seven days under Art. 228, para. 3 of LEC, as well as to require that the contract to enter into force immediately, in case, if the undertaking supplies the end-user with a terminal device.