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

The National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI – www.anrceti.md) has placed on its Web site, for repeated public consultations, draft Administrative Board Decision on imposing special ex-ante obligations on JSC “Moldtelecom” due to the company’s significant market power on the markets for wholesale access to network infrastructure at a fixed location (market 4) and on wholesale broadband access (market 5). Interested persons are invited to send recommendations before February 07, 2011.

The draft Decision was developed pursuant to the Law on Electronic Communications, having regard to Administrative Board Decisions no.29 and 30 of 28.09.2010 on designation of JSC „Moldtelecom” as having significant market power in the markets for wholesale broadband access, and, respectively, for wholesale access to network infrastructure at a fixed location. The detailed analysis made by the Agency show that JSC „Moldtelecom” holds 95% of the first market and over 98% of the second.

The first public consultation of the draft decision took place in the timeframe August 26 – September 24, 2010. The Agency operated a number of modifications and additions to the draft document, subsequently deciding on repeated public consultations.

The document provides for special ex-ante obligations for JSC “Moldtelecom”, both for the wholesale access to network infrastructure at a fixed location, and for wholesale broadband access. They are: 1) to ensure the access to specific network elements, to associated infrastructure and their use; 2) to ensure transparency, including by making the reference access offer publicly available; 3) to admit of no discrimination of providers requesting access services; 4) to cost-orient process for access services; 5) to keep separate accounting.

The Preamble to the document describes in detail the obligations for JSC “Moldtelecom”, the circumstances that determined the adoption of this decision by the Agency, the rationale on proportionality of obligations, as well as the estimation of impact of the obligations on the two relevant markets.

Interested stakeholders are invited to send comments and proposals on the document under consultation to: 134, Stefan cel Mare, bd. MD-2012, Chisinau, fax: (0 22) 222-885 and e-mail: office@anrceti.md. Telephone: 251-337.

January 14, 2011