Short-Term Consultant for the review of legislative framework, procedures, and regulations pertaining to roll-out of electronic communication networks

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 OBJECTIVE OF THE ASSIGNMENT:


The World Bank is seeking a Short-Term (individual) Consultant (STC) to support it in policy dialogue toward promotion of broadband connectivity for the Republic of Moldova and engage with the Ministry of Economy and Infrastructure (MEI) to analyze laws and bylaws, related regulatory frameworks, standards, and procedures that are applicable for deployment of electronic communication networks across Moldova, and identify ways to streamline or simplify the policies and processes to help accelerate network rollout, aligning Moldova with the EU Directive 2014/61 on cost reduction[1].


The STC will be assisting Ministry of Economy and Infrastructure team in transposing of the Directive 2014/61/ EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of installing high-speed electronic communications networks; identify synergies between sectors, which may significantly reduce the need for civil works for the installation of electronic communications networks. This will allow the Ministry of Economy and Infrastructure to reduce associated social and environmental costs such as pollution, traffic congestion and related inconveniences in line with art.3.6. of the Action Plan on the implementation of the Broadband Development Program for 2018–2020 (approved by Government decision no. 629 of July 5, 2018).


He/she will carry out a study and make recommendations on how to simplify the procedure for authorizing the construction/installation of public electronic communications network elements and the infrastructure elements associated with such networks, including air networks. He/She will also review and make recommendations on networks installed as part of the existing technical infrastructures, of other infrastructure elements of the internal broadband access networks (cable networks in dwelling blocks) and the stations (removable antennas, including microcells), in line with article 3.2 of the Action Plan on the implementation of the Broadband Development Program for 2018–2020 (approved by Government decision no. 629 of July 5, 2018).


 BACKGROUND AND CONTEXT:


The deployment of telecommunications networks requires operators to seek authorizations and permissions from various government agencies, at different levels of government, prior to construction. These processes require significant time and effort investments on the part of operators, adding to the challenges in planning and implementing new investments.


For electronic communications network providers, in particular for new ones, the reuse of existing physical infrastructure – including that of other public utilities providers –, can be significantly more effective when expanding electronic communications networks. This is especially the case in areas where there is no electronic communications network available and when building new physical infrastructure is not economically viable. These infrastructures may be any general and extended physical infrastructure suitable for accommodating elements of electronic communications networks (such as physical networks for the supply of electricity, gas and water, sewerage and drainage systems, heating and transport services).


In this context, the World Bank is seeking the services of a legal consultant, to analyze the laws and bylaws, related regulatory frameworks, standards, and procedures that are applicable for deployment of electronic communication networks across the Republic of Moldova in the context presented above. In addition, analysis of the institutional framework of relevant public institutions and regulatory bodies should be carried out to ensure alignment with the mandate and capacity of the respective institutions/agencies, to resolve issues that may arise due to the recommended actions derived from this activity.


 DUTIES AND RESPONSIBILITIES:


Analysis of Law no.28 from October 3, 2016 “On the access to properties and the shared use of the infrastructure associated with the public electronic communications networks”, and identifying provisions/articles to be amended; proposing recommendations and amendments to ease network deployment. In addition, conduct the analysis of the Electronic Communications Law no.241-XVI of November 15, 2007 as well as other laws and bylaws, regulatory frameworks, standards and procedures, pertaining to rollout of electronic communication networks, including but not limited to:


    • Legislation, including bylaws, regulating the construction process, including construction norms and standards, permit granting and inspection;

    • Law on the authorization of the execution of the construction works no. 163 from September 7, 2010;

    • Local public administration Law nr. 436-XVI of December 28, 2006 and assessment of the municipal functions in the process of issuance of construction and other permits;

    • Law nr. 523-XIV of July 16, 1999 on the public property of the administrative-territorial units and relevant bylaws governing public asset management;

    • Land Code Law nr 828-XII of December 25, 1991;

    • Roads Law no. 509-XIII of June 22, 1995;

    • Railway Transport Code no. 309-XV of July 17, 2003;

    • Law on natural gas no. 108 of May 27,  2016;

    • Law on electricity no. 107 of May 27, 2016;

    • Other laws and bylaws related to implementation of provisions set out in the above-mentioned laws.


Specific tasks to be carried out include:


  • Conduct a study and draft recommendations (and relevant new text) to simplify the procedure for authorizing the construction/installation of public electronic communications network elements and the infrastructure elements associated with such networks, especially in the case of ariel networks, networks installed within the existing technical infrastructure, of other infrastructure elements of the internal broadband access networks (cable networks in dwelling blocks) and of the stations (removable antennas, including microcells);

  • Identify applicable laws, regulations, standards and codes, and procedures for authorization and permits, across state and public agencies at different levels of Government, that are applicable for the deployment of electronic communication networks; this should be through the perspective of different cases on the roll out of backbone networks, mobile networks, retail networks, etc. in different locations;

  • Analyze the Law no.28 of March 10, 2016 “On the access to properties and the shared use of the infrastructure associated with the public electronic communications networks”, and identify provisions/articles to be amended; propose amendments, and recommendations to ease network deployment;

  • Analyze functions and institutional structure of the public entities involved;

  • Propose draft language and prioritize comprehensive recommendations for amendments to the Law no.28 of March 10, 2016 “On the access to properties and the shared use of the infrastructure associated with the public electronic communications networks” and other relevant Laws (mentioned in the scope of work above), considering mandate and capacity of respective public and state agencies


The consultant will ensure the analysis includes all major geographical and jurisdictional scenarios for deployment of electronic communication networks – in urban centers, forested land, agricultural areas, under jurisdiction of central, municipal or local public authorities, etc.


 DELIVERABLES


Report in English, on analysis of laws and bylaws, related regulatory frameworks, standards, and procedures that are applicable for deployment of electronic communication networks.


The report shall include:


  • Detailed analysis of the gaps identified during the analysis of the frameworks assessed, impact of gaps identified,

  • Proposed amendments to relevant laws/bylaws, and recommendations for effective enforcement of the amendments.


The analysis should align with Law no.28 of March 10,  2016 "On the access to properties and the shared use of the infrastructure associated with the public electronic communications networks" for the Republic of Moldova and EU Directive 2014/61.


This report should (1) identify an exhaustive variety of cases of network deployment (network types, locations, technologies), (2) identify the laws and regulations applicable to each case, (3) for each case, the scope for streamlining in the procedures or rules, (4) the overview of the amendments to the law to enact such streamlining (5) provide detailed recommendation to the Ministry of Economy and Infrastructure of needed steps to be taken in transposing the Directive 2014/61/ EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of installing high-speed electronic communications networks.


 PERIOD OF THE ASSIGNMENT:


The consultant is hired for a duration of up to 45 working days, between 1 of April 2019 and 30 of June 2019:


  • 5 days for identification of use cases, relevant legal and institutional structures and acts relevant to each case;

  • 20 days for analysis of the relevant legislative framework and identification of gaps/relevant provisions for amendment, including relevant meetings and consultations with stakeholders involved;

  • 10 days for preparation of draft provisions amending relevant laws and bylaws, incl. recommendations for effective enforcement of the law;

  • 10 days for drafting and finalizing the report, incorporating feedback by the World Bank and MEI team.


REQUIRED QUALIFICATIONS:


The consultant shall have the following qualifications:


  • Master’s degree in legal studies from a reputed, recognized university;

  • At least 5 years of working experience in fields related to permit granting, construction, public registry and related fields;

  • Experience working in the electronic communications sector; expertise in administrative law and legal drafting;

  • Previous experience of working on legislative process (amendments to the laws) would be an asset.

  • Professional proficiency in English and Romanian is mandatory.


REPORTING:


The Consultant will report to Siddhartha Raja, Senior ICT Policy Specialist at the World Bank in Washington DC.


APPLICATION:

Interested candidates are invited to submit their resumes and a letter of interest outlining their relevant previous experience to the following address: istratan@worldbank.org,  by COB 21, March 2019.



[1] Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks: http://data.europa.eu/eli/dir/2014/61/oj




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