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) has placed on its Internet page, for public consultations, draft Administrative Board Decisions on special ex-ante obligations to be imposed on JSC “Moldtelecom” as an SMP provider on the markets for wholesale access to networks infrastructure at a fixed location (Market 4 - doc. in state language) and wholesale broadband access (Market 5 - doc. in state language). The consultation will take last through July 26, 2013, this being the deadline for submitting recommendations for the mentioned draft documents.

The documents were developed based on Art. 53 (1) and (3) of the Law on Electronic Communications, stipulating that ANRCETI perform the analysis of relevant markets at least every 2 years, for the purpose of finding weather these markets are effectively competitive, and has the right, as a result of such analysis, to impose, maintain, modify or withdraw the special obligations previously imposed to providers designated as having SMP on those markets. 

Based on the mentioned legal provisions, during the second cycle of market analysis, ANRCETI analyzed the markets for wholesale access to networks infrastructure at a fixed location and wholesale broadband access. The final analysis of markets 4 and 5 (docs in state language) were published on ANRCETI Internet page on 08.02.2013. Later, the Administrative Board, through its Decisions, no. 05 and 06 of 14.02.2013 (docs in state language) identified the mentioned markets as susceptible to ex-ante regulation and designated JSC “Moldtelecom” as an SMP provider on these markets. 

Based on the analysis of these markets, ANRCETI proposed modifications to the special ex-ante obligations imposed to JSC „Moldtelecom” in 2011, during the first cycle of market analysis (Markets 4 and 5) and imposition of new special ex-ante obligations.

According to the Explanatory Note (doc. in state language), these obligations mainly deal with the definitions of markets 4 and 5 which were extended and include both copper and optical infrastructure. Also, for the purpose of solving the competition problems detected as a result of analysis of the market for wholesale access to networks infrastructure at a fixed location, ANRCETI considered it necessary to propose new ex-ante obligations to be imposed on JSC „Moldtelecom”, regarding access to duct infrastructure and telephone poles.

Interested stakeholders are invited to send comments and recommendations on the draft documents, in written form, to ANRCETI: 134 Stefan cel Mare bd., MD-2012, Chisinau, by fax: 022-222-885 and electronically to: office@anrceti.md. Contact: tel. 022-251-352.

28 June, 2013