The Administrative Board of the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI - www.anrceti.md) is announcing a public session to review and approve the draft decision on the identification of the market for the access of end users (legal and natural persons) to the public telephone network at fixed locations and designation of JSC Moldtelecom as having significant market power on this market. The session is scheduled for Thursday, May 26, 14. 00 hours, in ANRCETI conference room - 134, bd. Stefan cel Mare, 5th floor.
ARCETI web site also made available the final version of the draft analysis for the identification of the given market. Both draft documents were developed under Article 9 (1). k), l) and m) and Article 51 of the Law on Electronic Communications Act and the provisions of the Regulations pon identification and analysis of relevant markets and designation of electronic communications networks and / or service providers with significant market power.
In the timeframe April 13-May 6, 2011, the documents were proposed for public consultations on the Agency website. ANRCETI received the opinion of the National Agency for Competition Protection, which states that this authority has no objections and suggestions as to the projects concerned. ANRCETI received no comments and recommendations from electronic communications network and/or services providers.
According to the Explanatory Note supplementing the draft documents, the analysis conducted by ANRCETI also included the assessment of the degree of competition, the risks of market distortion, the identification of the provider that has significant market power and the specific ex-ante obligations to be imposed on the latter in order to eliminate any possible adverse effects on competition in the given market.
The analysis of this market revealed the existence of barriers to entry for alternative providers, lack of effective competition and insufficiency of the Law on the Competition Protection to prevent or redress the situation. The market analysis showed that Moldtelecom has significant market power on the market for the access of end users to the public fixed telephone network at a fixed location.
This market includes access services to fixed public telephone networks at fixed locations, provided via analog lines, ISDN lines, PRI and BRI, VoIP broadband and services of access at fixed locations provided by public mobile network providers ( CDMA Fixed).
Subsequently, ANRCETI intends to prepare and submit for public consultations the draft decision on imposing special ex-ante obligations to JSC Moldtelecom in connection with the company’s significant market power. These obligations are intended to help remedy the existing competition problems and prevent risks of distortion.
May 20, 2011