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) placed on its Web site, for public consultation, the Administrative Board draft decisions to impose changes to the reference interconnection offer (RIO) of JSC „Moldtelecom”, JSC „Orange Moldova” and JSC „Moldcell” (docs in state language). The consultation is scheduled to last through September 23, 2011, which is the deadline for recommendations to be submitted by stakeholders.

As a result of detailed market analysis, the three providers were designated, pursuant to the Law on Electronic Communications, as having significant market power. JSC „Moldtelecom” (ANRCETI Board Decisions no. 37 and no. 56 of 18.11.2010) – on the markets for voice call termination on individual fixed and mobile networks, whereas JSC „Orange Moldova” and JSC „Moldcell” (ANRCETI Administrative Board Decisions no. 54 of 18.11.2010 and no. 55 of 18.11.2010) – on the markets for voice call termination on individual mobile networks.

Subsequently, ANRCETI Administrative Board imposed special ex-ante obligations (Decisions no. 60 and no. 79 of 23.12.2010) on JSC „Moldtelecom” due to its significant market power on the two markets. Special ex-ante obligations were also imposed on JSC „Orange Moldova” and JSC „Moldcell” (Decisions no. 77 and no. 78 of 23.12.2010) due to their significant market power on the market for voice call termination on individual mobile networks.

One of the obligations imposed on the mentioned three providers is to ensure transparency, in particular by developing the RIO in compliance with other obligations imposed by ANRCETI and making this document publicly available on the Web page, together with a sample Interconnection Agreement. JSC “Moldtelecom” is now liable to make its RIO publicly available within two months after the obligations imposed by ANRCETI enter in force, JSC „Orange Moldova” and JSC „Moldcell” – within 3 months of that date.

The way the aforementioned obligations are to be fulfilled is prescribed in Explanatory Note no.1 for JSC „Moldtelecom” and Explanatory Notes no.2 and no.3 – for JSC „Orange Moldova” and JSC „Moldcell”.

However, the sample Interconnection Agreements the providers developed and published contain many deviations from the specific ex-ante obligations imposed by the regulator. Pursuant to the provisions of Art. 44 (2) of the Law on Electronic Communications, which establishes the regulator’s right to impose modifications to the RIO, ANRCETI developed the aforementioned draft documents, which contain a number of amendments to the sample Interconnection Agreements of the given providers.

Stakeholders are invited to provide recommendations on the proposed draft documents to: 134, Stefan cel Mare bd., Chisinau, MD-2012, or by fax: (0 22) 222-885 and/or e-mail: office@anrceti.md. Phone: 251-337.

September 8, 2011