ANCOM telecom sanctions – legal support & appeal strategy

ANCOM can investigate and sanction operators and other market actors in electronic communications and related areas (consumer rights, licensing obligations, technical compliance, infrastructure rules). I help you understand the legal basis, document the facts, respond to the authority in a controlled way, and prepare the next steps, including a realistic court challenge where appropriate.

Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.

When you may need this

You receive a control report, minutes, or a contravention notice linked to ANCOM’s inspection.
You face fines for consumer information duties, contract terms, or complaint handling.
You are accused of breaching licence/authorisation obligations or technical parameters.
You receive a request for information (RFI) or a data request with a short deadline.
You are facing measures that affect operations (remedies, compliance orders, or restrictions).
Your issue involves cross-border telecom rules (e.g., roaming obligations) or EU-derived duties.
You need internal remediation without admitting facts you cannot prove.
You want to reduce risk for future controls through a compliance plan aligned with the regulatory framework.

What we do, step by step

Initial review: map the sanctioning act(s), the alleged breach, and the evidentiary basis.
Fact & timeline building: collect documents, logs, customer communications, and internal workflows relevant to the allegation.
Procedural review: check competence, form requirements, and whether the facts are described and supported properly.
Submissions to ANCOM: prepare structured responses to RFIs, objections, and corrective action plans where useful.
Risk control: draft internal instructions on communications, preservation of records, and response ownership.
Appeal planning: identify claims, evidence, and remedies sought; assess litigation costs and operational impact.
Implementation support: help align policies and processes to reduce repeat exposure after the case ends.

Documents/information useful for the first assessment

Document	Why it matters	Notes
ANCOM control minutes / report and sanctioning decision (or contravention notice)	Defines the alleged breach and legal basis	Send full scans, including annexes and proof of service
Relevant authorisation/licence documents and correspondence with ANCOM	Shows applicable obligations and history	Include updates and amendments
Customer-facing materials (contracts, T&Cs, tariffs, notices)	Common source of consumer-related allegations	Provide the exact version used at the relevant time
Technical logs, network reports, and incident records	Supports or refutes technical allegations	Preserve originals and export logs defensibly
Internal procedures (complaints, retention, billing, quality control)	Shows operational context and remediation options	Provide both policy and real workflow evidence

Risks & common mistakes

Answering RFIs without verifying facts and data sources.
Relying on “usual practice” instead of what the documents show.
Failing to preserve logs and the exact version of customer-facing terms.
Sending inconsistent explanations from different teams (legal, sales, ops, customer care).
Missing procedural deadlines for objections or litigation.
Implementing remediation in a way that creates admissions or new inconsistencies.

FAQ

What types of sanctions can ANCOM impose?

Depending on the legal basis, ANCOM may impose fines, warnings, corrective measures, and other administrative consequences. The exact toolbox depends on the sector rule involved and the wording of the sanctioning act.

Should we communicate with ANCOM directly or only through counsel?

It is usually safer to centralise communication and ensure that all submissions are consistent and evidence-based. The best setup depends on your internal structure and the urgency of the requests.

Can a compliance plan help in a sanctions case?

In many cases, demonstrating concrete remediation can help manage ongoing risk and future controls. It does not replace the need to contest facts or legal qualification where you disagree.

What evidence is most important in telecom sanctions cases?

Often the decisive elements are: proof of service and timing, the exact customer-facing terms at the relevant date, technical logs, and a clear internal timeline showing what happened and why.

Can we challenge ANCOM’s decision in court?

Yes, but the competent route and deadlines depend on the act type and legal basis. A careful review of the document and its service date is needed before choosing the procedural path.