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

The Administrative Board of the National Regulatory Agency for Electronic Communications and Information Technology (ANRCETI), in the public meeting on Friday, November 23, 2018, approved: 1) Decision regarding the amendments of the Regulation on identification and analysis of relevant markets in the field of electronic communications and the designation of providers of electronic communications networks and/or services with significant market power on these markets; and 2) Decision regarding the amendments to the Procedure of transfer or lease of rights to use limited resources.

The first document provides, according to art. 61 (1) of the Law no. 241/2007, for the modification of the periodicity for analysis of relevant markets from 2 years to 3 years after setting a previous measure on the respective markets. As an exception, this period may be extended by up to 3 years, following which ANRCETI shall notify the Competition Council, providing the appropriate reasons for the term extension.

At the same time, by Law no. 135/2017, the 35% threshold of the market share held by provider considered as significant market power was excluded if, as a result of the market analysis, ANRCETI finds that this market is not effectively competitive. Thus, by that decision, ANRCETI changed that threshold - to 50% - taking into account the principles established by the competition law.

The second document states that the right to use limited resources granted by the licenses may be temporarily assigned or leased by the holder to another provider of public electronic communications networks authorized under the law. Both decisions enter into force 30 days after their publication in the Official Gazette of the Republic of Moldova.

November 27, 2018