National Regulatory Agency for Electronic Communications and Information Technology of the Republic of Moldova

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The National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI – www.anrceti.md) has placed on its Internet page, for public consultations, three draft Administrative Board Decisions on imposing special ex-ante obligations to joint-stock companies “Orange Moldova”, „Moldcell”, „Moldtelecom” (docs in state language) given the significant market power of these companies on the market of call termination in their own mobile networks. The consultation will last for 20 calendar days. Recommendations on the document are welcome till the deadline – March 29, 2010.

The three draft documents were developed pursuant to Art. 9 paragraph (1) section n), Art. 44 - 45 and Art. 47 - 58, in correlation with Art.78 paragraph (5) of the Law on Electronic Communications and the provisions of the Regulations on Interconnection, as well as taking into account Decisions of the Administrative Board of the National Agency for Competition Protection (NACP) no.DCC-15 of 14.09.2007 and no.DCC-60 of 27.12.2007, which established the dominant position of joint-stock companies “Orange Moldova”, “Moldcell” and “Moldtelecom” on the market of call termination in their own mobile networks. The Agency also took into consideration NACP Decision DCC-40 of 16.07.2009, which interprets of the meaning of the afore-mentioned decisions.

The draft documents determine that the three companies be considered as having significant market power on the market of call termination in their own mobile networks, which includes any type of traffic, regardless of technology used, call origination, number of call carriers or provider that requests call termination service. In order to prevent this power to work in disfavor of competition, the agency will impose, through the mentioned Decisions, a number of ex-ante obligations to companies “Orange Moldova”, “Moldcell” and “Moldtelecom”.

According to the documents, every one of the three providers will have the following obligations:
1) to ensure the access to specific network elements, associated facilities and their use;
2) to ensure transparency and make public the reference interconnection offer;
3) to ensure non-discrimination;
4) to keep price control, including the obligation of cost orientation of tariffs, as regards the interconnection of the public mobile telephone network under the provider’s operation with the public electronic communications networks installed, operated, managed or made available by other providers.

The Explanatory Note to the draft document specifies the remedies intended to be imposed will lead to enhanced competition on the retail fixed, mobile and broadband Internet markets.

Interested persons are welcome to sent commentaries and recommendations on the three draft decisions under consultation to: vladimir.vozian@anrceti.md. Telephone: 251-337.

March 10, 2010