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) announces maintenance of special ex-ante obligations, imposed in  2010 - 2011 on providers designated as having SMP on four wholesale markets: voice call termination in individual fixed telephone networks (Market 3), voice call termination in individual mobile telephony (Market 7), call origination at fixed locations in the public telephone network (Market 2) and call transit in telephone networks (Market 9).

The Administrative Board adopted the decision following the analysis of the four markets, second cycle, performed by ANRCETI pursuant to Art. 53, Law on Electronic Communications, which revealed lack of effective competition on those markets. By Decisions no. 3 and no. 4 (docs in state language), 12.02.2013, ARCETI Administrative Board identified Markets 3 and 7 as susceptible to ex-ante regulation and designated the SMP provider on these markets. 

By other two Decisions – no. 23 and no. 24 (docs in state language), 11.06.2013 – ARCETI Administrative Board decided, based on market analysis, that markets 2 and 9 are susceptible to ex-ante regulation and designated JSC “Moldtelecom” as having SMP on both markets.

Proceeding from the fact that in 2010, during the first cycle of analysis of Markets 3 and 7, by Administrative Board no. 60-76 and no. 77-79 (docs in state language), 23.12.2010, with subsequent amendments, ANRCETI imposed on fixed and mobile providers designated as having SMP on Markets 3 and 7 special ex-ante obligations, which currently do not require modifications, it was decided to maintain the obligations previously imposed on those providers, pursuant to Art.50 in correlation with Art. 53 (1), last sentence, of the Law on Electronic Communications. The special ex-ante obligations for new entrants to the fixed telephony market are to be established by ANRCETI Administrative Board decisions to be approved this week.

Similar treatment was adopted for the special ex-ante obligations of JSC „Moldtelecom” as having SMP on Markets 2 and 9, by ANRCETI Administrative Board Decisions no. 27 and no. 28, 01.11.2011.

According to Art. 53, clause 1, of the Law on Electronic Communications, ANRCETI performs relevant market analysis at least every two years in order to find if the markets are effectively competitive and has the right to impose, maintain, modify or withdraw the obligations of a provider of electronic communications networks and/or services.

August 19, 2013