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

The National Regulatory Agency for Telecommunications and Informatics (NRATI) started activity on August 17, 2000, being one of the first telecommunications regulators in the post-soviet area. Pursuant to the Law on Telecommunications no. 520-XIII of 7.07.1995, and the modifications made in February 2000, NRATI’s mission was to ensure the regulation of telecommunications service and network market, to implement the national policy and strategy for the development of this very important economy sector, to promote fair competition, to enhance investments and innovations in this field.

The draft agency-founding documents were developed by ARIA – a project for telecommunications sector restructuring, running in 1998-1999 and supported by the World Bank. NRATI was established as a result of the structural reforms intended to implement separation of policy-making, regulatory and operation functions, reforms conducted pursuant to the requirements of the EU Council and Parliament Directives of 1997. By establishing a telecom regulator, the Republic of Moldova met the specific terms set forth in the WTO Accession Agreement and in the GATS (General Agreement on Trade in Services) pertaining to basic telecommunications services.

At the start of its activity NRATI designed and applied a series of important regulations that substantially advanced the sector and created effective prerequisites for operators to run their businesses under competitive and non-discriminatory conditions and for the protection of users’ rights. In 2000-2002, while NRATI was deeply involved in developing the regulations and human capacity building, it was supported by technical assistance provided through a USAID Project, which fact ensured correspondence of the drafted documents with the best international telecom practices.

Licensing Regime

In the timeframe 2000 – 2008, pursuant to the legislation in force, the provision of telecommunications and informatics networks and services was subject to licensing. According to the Regulations on License Issuance in Telecommunications and Informatics, NRATI used to issue individual licenses (with the right to use limited resources) for 15-year timeframes, general licenses (per type of activity) for 5-year timeframes and technical licenses for the provision of air and/or cable radio and television networks and stations, lasting as long as the validity period of broadcasting licenses, owned by those license holders. According to the new Law on Electronic Communications, in force since March 14, 2008, starting from September 15, 2008, the provision of public electronic communications networks and/or service has been excluded from the category of licensed activities and made subject to general authorization regime, which does not provide for the issuance of a decision or other administrative act by the Agency. This means that any natural or legal person intending to operate in this field can submit a notification to the Agency and immediately start activity.

Numbering Resource Administration

In 2003 NRATI issued the new National Numbering Plan (NNP), which became effective once it was published in the “Official Gazette of the Republic of Moldova” no.76/104 of 22.04.2003. The NNP development was based on the experience of Portugal and other European countries, it being adjusted to the realities of the Republic of Moldova. Given the importance of the NNP and the high costs incurred in its implementation, the main network operators from the country were engaged in its development. During the two following years NRATI implemented, in two stages, the NNP, which sets forth new principles of numbering resources administration. So, the format of the national destination numbers was extended to 8 figures, the national destination codes for some localities were modified, mobile access numbering was transferred to „6” and „7” number ranges, as well as other changes were made in order to ensure sufficient numbering resources for market development.

Access and Interconnection

In 2002, for the purpose of regulating the relations between networks and service operators in terms of interconnection and access to associated facilities, NRATI developed and adopted he Regulations of Interconnection, a normative act which was subject to a thorough consultation procedure involving all the stakeholders. In 2003, the Agency applied modifications to the Regulations on Interconnection, providing for the obligations imposed on operators with significant market power to issue Reference Interconnection Offers (OIR), present them to NRATI for approval and make them publicly available. In 2004, once the telecommunications and informatics market was liberalized, NRATI adopted two decisions of major importance for market development: on designating the incumbent JSC MOLDTELECOM as an operator with transit obligations and on applying tariffs in interconnection between operators` networks and services and JSC Moldtelecom`s networks and services.

Dispute Resolution

Another important document NRATI adopted for the purpose of ensuring viable market functioning is the Regulations on Dispute Resolution between Operators and Users, in force since 20.12.2001. By adopting it, the Agency set an efficient mechanism of solving disputes where the parties fail to do so independently. In all these years, where the complainant’s claims proved to be reasonable, the Agency made decisions binding the respondent to restore the rights and interests of the complainant.

Protection of End-User Rights

Pursuant to the legislation in force, by which the communications regulator is empowered to protect consumers’ rights, the Agency approved a series of regulations meant to contribute to the protection of the end-users’ legal rights. So, the Regulations on Fixed Telephony Service Provision, adopted in 2003, provides for legal relations between service providers and end-users in terms of service provision and contractual obligations. Another document – the Regulations on GSM Mobile Telephony Service Provision – sets forth the norms regarding mobile user rights protection and providers’ compliance with technical standards and terms of mobile service provision.

In 2008 ANRTI Became ANRCETI

On March 14, 2008, once the Law on Electronic Communications entered into force, the National Regulatory Agency for Telecommunications and Informatics (NRATI) was re-organized into the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI), the former being dissolved. The new Law was drafted in compliance with the requirements of the European Parliament and Council Directives of 2002 regarding the regulation of electronic communications networks and services and starting from the need to regulate the electronic communications sector in close connection with the information technology sector as they are both convergent. The law contains a number of new clauses, encouraging market entry of new network and service providers, extends and strengthens the powers of ANRCETI in terms of fair competition promotion and ensuring conditions for appropriate market functioning. So, the Law empowers the Agency with the right to identify relevant electronic communications network and service markets, conduct market analysis, designate operators with significant market power and set obligations in terms of interconnection and access to networks and associated facilities they own. According to the Law, ANRCETI coordinates such actions with the National Competition Protection Agency.