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

The National Agency for Regulation in Electronic Communications and Information Technology (ANRCETI – www.anrceti.md) is announcing repeated consultations of draft Administrative Board Decisions with reference to special ex-ante obligations to JSCs “Orange Moldova”, „Moldcell”, and „Moldtelecom” in connection with the significant market power (SMP) of these companies on the market of access to individual mobile telephony networks for call termination, as well as company „Moldtelecom” (docs in state language), the latter having significant market power on the fixed local, long-distance and international telephone market on the territory of Moldova. Recommendations and commentaries to the proposed draft decisions are expected till August 6, 2010.

The first three draft decisions were subject to public consultation on March 10 - 29, and the fourth project – on March 13 - April 1. After analyzing the recommendations made by the participants and the experts from the EBRD technical assistance project, the draft decisions were modified and supplemented with new clauses. One of those is to impose the obligation to gradually reduce the tariffs for call termination to costs, determined on basis of Benchmarking research for termination rates in fixed and mobile networks. The research was carried out by EBRD experts. Comments on each draft decision are contained in the Summary of recommendations, all the summaries being attached to the appropriate decision.

The draft decisions were prepared in accordance with the Law on Electronic Communications, decisions of the Administrative Board of the National Agency for Competition Protection (ANPC) No. DCC-15 and No. DCC-60 of 29.08.2007, which established the dominant position of joint stock companies „Orange Moldova”, „Moldcell” and „Moldtelecom” on the market of access to individual mobile networks for call termination, and pursuant to ANPC decision No. DCF-7 of 26.07.2007, which established the dominant position of JSC „Moldtelecom” on the market of fixed local, long-distance and international telephone services on the territory of Moldova. The Agency also considered ANPC Decision No. DCC-40 of 16.07.2009, which gave interpretation to the aforementioned ANPC decisions.

According to the draft decisions, joint stock companies „Orange Moldova”, „Moldcell” and „Moldtelecom” are considered SMP providers on the market of access to individual mobile telephony networks for call termination and „Moldtelecom” on the market of fixed local, long-distance and international telephone services on the territory of Moldova. In order to prevent this power from being applied to the detriment of competition, through the mentioned decisions, the Agency will impose on companies „Orange Moldova”, „Moldcell” and „Moldtelecom”, a series of ex-ante obligations, described in the Explanatory Note.

The Agency also informs the stakeholders that the analysis of the mentioned market will continue and, based on the findings, the Agency will apply due remedies, as provided by law, to boost competition in the identified markets.

Interested parties may send comments and recommendations on the four projects proposed for public consultation to the e-mail: vladimir.vozian@anrceti.md. Telephone: 251-337.

July 12, 2010