THE RESOLUTION OF THE NATIONAL AGENCY ON REGULATION IN THE FIELD OF ELECTRONIC COMMUNICATIONS AND INFORMATION TECHNOLOGIES OF THE REPUBLIC OF MOLDOVA

of November 14, 2017 No. 42

About measures of preliminary ruling of the market of wholesale provision of services of local access in the fixed points

Based on provisions of Items to), l), m), n) and u) parts (1) Articles 9, parts (1) and (2) Articles 43, Articles 44-50 and parts (3) and (4) article 53 of the Law on electronic communications No. 241-XVI of November 15, 2007 (The official monitor of the Republic of Moldova, 2008, Art. No. 51-54, 155), with subsequent changes and amendments;

according to provisions of Item 14 and the subitem b) Item 15 of the Regulations on the National agency on regulation in the field of electronic communications and information technologies (NAREKIT) approved by the Order of the Government No. 905 of July 28, 2008 (The official monitor of the Republic of Moldova, 2008, Art. No. 143-144, 917);

in view of requirements of the Regulations on identification and the analysis of the relevant markets in the field of electronic communications and determination of suppliers of networks and/or services of the electronic communications having considerable influence in these markets, the NAREKIT Administrative board No. 55 approved by the Resolution of December 29, 2008 (The official monitor of the Republic of Moldova, 2009, Art. No. 34-36, 117), with subsequent changes and amendments;

considering Recommendations of the European commission 2014/710/UE about relevant commodity markets and services in the field of the electronic communications which are subject to preliminary ruling according to the Directive of the European Parliament and Council 2002/21/EU about the general regulating field for networks and services of electronic communications (The official Magazine of the European Union No. L295/78, of 10.11.2014);

in view of the conclusions of Market research of wholesale provision of services of local access in the fixed points and the market of wholesale provision of services of centralized access in the fixed points for products of broad consumption (2017), the DECIDES: NAREKIT Administrative board

1. Determine as relevant to preliminary ruling the market of wholesale provision of services of local access in the fixed points.

2. Determine JSC Moldtelecom (IDNO 1002600048836) as the supplier having considerable influence in the market of wholesale provision of services of local access in the fixed points.

3. Approve, according to appendix, the preliminary special obligations assigned to JSC Moldtelecom (IDNO 1002600048836), as the supplier having considerable influence in the market of wholesale provision of services of local access in the fixed points.

4. Item 4 from appendix to the Resolution of agencies No. 85 Administrative board of April 28, 2009 about determination of the list of the relevant markets of networks and/or services of electronic communications to change and state in the following edition:

"4. Local access in the fixed points.

This market includes, at the level of networks of access, joint or full access to subscriber loop and / or subloop and local virtual access (VULA).

The geographical amount of the market is determined as all territory of the Republic of Moldova within the territory which is under control of the constitutional authorities".

5. Declare invalid the Resolution of agencies No. 56 Administrative board of 26.09.2013 about assignment of preliminary special obligations on JSC Moldtelecom in connection with considerable influence in the market of wholesale access to infrastructure of network in the fixed point.

6. This resolution is supplemented by right with other regulating documents accepted by NAREKIT for this purpose.

7. This resolution is brought to the attention of JSC Moldtelecom and Competition council within 3 working days from the date of approval.

8. Dispositive part of this resolution is subject to publication in the Official monitor of the Republic of Moldova.

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