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) placed on its Web page, for public consultations the analysis of the markets for call origination at fixed locations (Market 2 - doc. in state language) and for traffic transit in public telephone networks (Market 9 - doc. in state language), the draft Administrative Board Decisions on identification of the two markets (doc. in state language) and designation of JSC „Moldtelecom” (doc. in state language) as an SMP provider on these markets. The deadline for recommendations as to the consulted documents is May 14, 2013.

The draft documents were developed as part of the second cycle of relevant market analysis, carried out pursuant to Art. 53 (1) of the Law on Electronic Communications, which requires that ANRCETI performs this exercise at least once every 2 years, in order to find if there is effective competition on these markets and review the ex-ante regulatory remedies, previously imposed of SMO providers, with the view of maintaining, modifying or withdrawing them.

According to the Explanatory Note no.1 (doc. in state language), ANRCETI identified Market 2 during the first cycle of market analysis as susceptible to ex-ante regulation through Administrative Board Decision no. 24 (doc. in state language) of 19.08.2010. Later, by Decision no. 12 of 21.06.2011, ANRCETI designated JSC „Moldtelecom” as an SMP provider on this market, and by Decision no. 27 of 01.11.2011 imposed special ex-ante obligations on this provider.

Following the repeated analysis of Market 2, ANRCETI concluded that this market remains susceptible to ex-ante regulation and JSC „Moldtelecom” continues to be an SMP provider. Market 2 comprises wholesale call origination services on a delimited network segment – on one side – by the network’s fixed terminal point where the calls are originated, whereas on the other side – by the first switch or a transit switch, depending on the hierarchic level where the interconnection point is situated.

Explanatory Note no. 2 (doc. in state language) specifies that initially ANRCETI identified Market 9 as susceptible to ex-ante regulation by Decision no. 25 of 19.08.2010. Later, by Decision no. 13 of 21.06.2011, ANRCETI designated JSC „Moldtelecom” as having SMP on this market, whereas by Decision no. 28 of 01.11.2011 imposed special ex-ante obligations on this provider.

The repeated analysis of Market 9 showed that this market remains susceptible to ex-ante regulation and that JSC „Moldtelecom” continues to be an SMP provider. Market 9 comprises services of local and national traffic transit via any public telephone network on the network segment between two or more interconnection points.

Given the fact that during the last two years the competitive situation on Markets 1 and 9 did not significantly change, the authors of the market analysis propose to maintain the special ex-ante obligations previously imposed on JSC „Moldtelecom” and to add to them new obligations fostering the competition on this markets.

Interested stakeholders are invited to submit comments and recommendations on these draft documents in written form, by mail, to ANRCETI address: 134 Stefan cel Mare bd., MD-2012, Chisinau mun., by fax: 022-222-885 or e-mail: office@anrceti.md. Phone numbers: 022-251-352, 022-251-338, 022-251-353.

April 23, 2013