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 imposing special ex-ante obligations on JSC “Moldtelecom” due to the significant market power of this provider on the market for call origination at fixed locations of the public telephone network (market no.2 - doc. in state language) and on the market for traffic transit in public telephone networks (market no.9 - doc. in state language). The consultations are scheduled to last through October 13, 2011. Stakeholders are invited to submit recommendations on the draft documents before that date.

The draft decisions were developed pursuant to the Law on Electronic Communications, having regard to ANRCETI Administrative Board Decisions no.12 and 13 of 21.06.2011 designating the incumbent JSC „Moldtelecom” as a provider with significant market power on the market for call origination at fixed locations of the public telephone network and on the market for traffic transit in public telephone networks. The detailed analysis of these markets shows that JSC „Moldtelecom” holds 98% of market 2 and 100% of market 9.

Both draft decisions establish five special ex-ante obligations per each market for JSC „Moldtelecom”: 1) to ensure access to specific network elements, including interconnection, for call origination (market 2) and for traffic transit (market 9), to associated facilities and their use; 2) to ensure transparency, including by publication of reference interconnection offers; 3) admitting of no discrimination of providers requesting interconnection for call origination and traffic transit; 4) orientation of prices for interconnection services, call origination and traffic transit services, other associated services to LRIC costs; 5) separate accounting.

The Statement of Reasons no.1 and no.2 (docs in state language) annexed to the draft decisions, provide the legal framework regarding the special ex-ante obligations imposed on JSC „Moldtelecom”, the international experience, the need for such obligations and the rationale of proportionality between the obligations imposed and the competitive problems existing on both relevant markets.

Interested stakeholders are invited to submit commentaries and proposals on the draft documents in written form, to: 134 Stefan cel Mare bd., MD-2012, Chisinau, fax: (0 22) 222-885 and e-mail: office@anrceti.md. Telephone: 251-337.

September 22, 2011