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

On October 1, 2015, in a public session, the Administrative Board of the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI) decided to maintain the ex-ante remedies previously imposed on Moldtelecom as a provider with significant market power on the market of wholesale network infrastructure access at a fixed location (Market 4) and the market of wholesale broadband access (Market 5). ANRCETI had previously imposed the remedies by Board Decisions no. 56 of 26.09.2013 and no. 06 of 28.03.2011, with subsequent amendments by Administrative Board Decisions no. 57 of 26.09.2013.

The Administrative Board decisions became effective on the date of approval - 01.10.2015 and will be published in the Official Gazette. The decisions came after ANRCETI performed third round of analysis of markets 4 and 5, pursuant to Art.53 of the Law on Electronic Communications, and found the markets are not effectively competitive.

Detailed analysis of markets 4 and 5 showed that these markets are susceptible to ex-ante regulation and Moldtelecom continues to be the provider with significant market power (SMP) on both markets. Given that in the timeframe between round two and three of analysis of markets 4 and 5 the competition environment practically stayed unchanged, ANRCETI decided to keep the ex-ante remedies previously imposed on the SMP provider Moldtelecom.

Thus, Moldtelecom is required to ensure the transparency in the provision of access to network infrastructure at a fixed location and for broadband communications, to admit no discrimination in relation to other providers applying for access, including in relation to its own retail broadband services, apply cost-oriented prices and implement accounting separation.

In relation to market 4, Moldtelecom is required to publish on its official web site the reference offers for access to the local loop/sub-loop, for access to telephone ducts, poles, for collocation services, as well as the standard agreements for access to the services covered by reference offers. The SMP provider is also obliged to offer any provider requesting access to the telephone ducts infrastructure, to telephone poles, for installation and operation of cable infrastructure, access to the local copper and fiber loop and sub-loop, as well and its access to NGA network infrastructure.

In relation to market 5, Moldtelecom must offer services of broadband access to the local copper/fiber loop/sub-loop, equipped with active access equipment, such as DSLAM, OLT or other similar equipment. ANRCETI is empowered by law to analyze, every two years, the relevant electronic communications markets to find whether the markets are effectively competitive and impose, maintain, modify or withdraw regulatory remedies as regards providers with significant market power.

October 5, 2015