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) announces public meeting for Tuesday, March 30, 2021, at 10.00, to examine and submitted for approval the following draft Board Decisions:
1) the draft decision on the measures for e preventive regulation of the market for access of end-users, natural and legal persons, to a fixed location in the public telephone network
2) the draft decision for amending and supplementing Administrative Board Decision no. 126/2009 on establishing categories of radio frequencies and radio equipment the use of which is allowed in the Republic of Moldova without a license for the use of radio channels / frequencies or technical permit
3) the draft decision on the approval of the Statistical Form for the service of filtering Internet content with a negative impact on children provided at users’ request by Internet access service providers
4) the draft decision on the approval of the standard special license conditions for the use of radio frequencies/channels in the frequency band [470-694 MHz] in order to provide network in the digital terrestrial television system, national multiplex, and electronic communications services thereby.

The first draft, along with the draft of the Analysis of the Market of access of the end users, natural and legal persons, to a fixed location in the public telephone network, were publicly consulted in the timeframe 20.05.2020-12.06.2020. Comments on the draft document came from Moldtelecom. ANRCETI's opinion is provided in the Summary of recommendations for these drafts.

Two other draft decisions were publicly consulted in the timeframe between January and March 2021.

According to the Explanatory Note to the first draft document, it was developed within the 5th round of market analysis of the access of end users, individuals and legal entities, to a fixed location in the public telephone network (Market 1).

Following the analysis on the identification of Market 1, ANRCETI's conclusion regarding the definition of this market does not differ from the previous one in terms of market limits.

The geographical boundaries of the relevant market were also determined as national territory, and the Test of the three criteria showed that this market is still subject to ex-ante regulation.

The detailed analysis, in which a series of criteria have been looked into, that ANRCETI considers appropriate for the given market, showed that JSC "Moldtelecom" continues to enjoy significant power power on the relevant market of access of end users, individuals and legal entities, to a fixed location in the public telephone network and is to be designated by the Administrative Board of ANRCETI as a provider with significant power on the given market.

According to the Explanatory Note to the second draft decision, it was developed under Art. 26 (12) of the Law on Electronic Communications no. 241/2007, with subsequent amendments.

The modification of the Administrative Board Decision of the Board of Directors of ANRCETI no. 126 of 02.06.2009 on establishing categories of radio frequencies and radio equipment, the use of which is allowed without a license or technical permit, is necessary in reach compliance of its provisions to the provisions of Recommendation ERC 70-03, which refers to the use of short-range devices (SRD), amended on October 23, 2020, given that the Republic of Moldova is a member of CEPT.

Recommendation ERC 70-03 sets out CEPT's position on the common spectrum, which may be designated for short-range (SRD) applications and is a reference document that helps develop national spectrum regulations. Recommendation ERC 70-03 is the most accepted position in CEPT, encourages and recommends that national authorities regularly review and update national legislation issued for this purpose.

Manufacturers and designers of SRDs must take into account that SRDs operate in a common spectrum environment and there is the potential for interference from other radio equipment.

1) The Explanatory Note to the third draft document mentions that by this document ANRCETI aims to make available to providers the statistical form for the filtering service of Internet content with negative impact on children, provided at the users’ request by Internet access service providers

Additionally, in order to fulfill the obligations under Art. 5 paragraph (8) of the Law no. 30/2013 on Children Protection against negative impact of information, with subsequent amendments, providers of electronic communications networks and/or services accessible to the public have the obligation to present the information on the creation of a compartment in the main menu of the official website dedicated to Internet safety information, which includes guides and other useful information, in particular on: the number of inquiries from subscribers on incidents in online environment, with or without the involvement of minors and the number of complaints on service operation or regarding reporting of cases of inappropriate content for minors.

The fourth project has been developed in order to achieve harmonization of the Special License Conditions for the use of frequencies / radio channels in [470-694 MHz] frequency band, the provision of electronic communications in the digital terrestrial television system, national multiplexes A and B (approved by ANRCETI Administrative Board Decisions no. 17 of 15.06.2015 and no. 72 of 22.12.2015), with the current provisions of the Law on Electronic Communications no. 241/2007.

The public meeting will take place online through the Google Meet app.

Interested parties will be able to obtain details about access to the public meeting, in the time slot 09.00-09.55 at the e-mail address: igor.mereuta@anrceti.md or at tel .: 022-251-355.

March 26, 2021