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) has placed on its Web page, for public consultations, draft administrative Board Decisions on imposing special ex-ante obligations on JSC “Moldtelecom” in connection with SMP on two other wholesale markets: the market for the provision of terminal segments (market 6) and the market for the provision of leased line trunk segments (market 8), regardless of the technology used to make available leased or reserved capacity (docs in state language). The consultations are scheduled to last through December 1, 2011, the deadline by which stakeholders are required to present their recommendations and comments.

The draft decisions were developed pursuant to the Law on Electronic Communications, having regard to Administrative Board Decision no.22 and 23 of 15.09.2011 on identification of the market for wholesale provision of terminal segments, and accordingly, the market for wholesale provision of trunk leased lines segments, regardless of the technology used to make available leased or reserved capacity and designation of JSC „Moldtelecom” as having SMP on the given markets. Detailed analysis of these markets showed that JSC „Moldtelecom” holds, by number of leased line terminal segments and trunk segments provided, 99,6% of market 6 and 100% of market 8.

Both draft decisions provide for the following ex-ante obligations for JSC “Moldtelecom”: 1) offer leased line terminal segments, in the case of market 6 and, accordingly, leased line trunk segments in the case of market 8, to all requesting providers, under terms and conditions as specified in the decisions; 2) ensure transparency, including availability of leased lines RIO for the public 3) admit of no discrimination of providers requesting provision of leased line terminal segments and leased line trunk segments, collocation and other associated services; 4) orientation of prices for the provision of terminal segments and leased line trunk segments, as well as collocation and other associated services to the long run average incremental cost (LRAIC); 5) separate accounting.

In the statements of reasons no.1 and no.2 (docs in state language) accompanying the draft documents, describe the legal framework for imposing the special ex-ante obligations to JSC „Moldtelecom”, justify the need to impose them and the rationale regarding proportionality of the imposed obligations as to the competition problems persisting on the two relevant markets.

Stakeholders are invited to send commentaries and proposals on the proposed draft documents to: 134, Stefan cel Mare bd., MD-2012, Chisinau, fax: (0 22) 222-885 and e-mail: office@anrceti.md. Telephone number: 251-337.

November 14, 2011