of December 28, 2017 No. 53
About measures of preliminary ruling of the market of wholesale provision of services of high-quality access in the fixed points
Based on Item l provisions), m), n), o) and w) parts (1) Articles 9, parts (1) and (2) Articles 49, articles 50-54, of article 56 and parts (3) and (4) article 61 of the Law on electronic communications No. 241-XVI of November 15, 2007 (pereopublikovan in the Official monitor of the Republic of Moldova, 2017, No. 399-410, the Art. 679);
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/EC about the general regulating field for networks and services of electronic communications (The official magazine of the European Union No. L295/79, of 11.10.2014);
in view of the conclusions of market research of wholesale provision of services of high-quality access in the fixed points (2017), the DECIDES: Administrative board
1. Determine as relevant to preliminary ruling the market of wholesale provision of services of high-quality 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 high-quality access in the fixed points.
3. Approve, according to appendix, the preliminary special obligations assigned to JSC Moldtelecom as the supplier having considerable influence in the market of wholesale provision of services of high-quality access in the fixed points.
4. Item 6 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:
"6. High-quality access in the fixed points.
This market includes services of the marked-out capacities between two or more points which allow transparent data transmission between them, and functions of switching are controlled by the requesting supplier. The allocated reservoirs are provided to terminal point / points which are in the room of the requesting supplier or in the places requested by it what the pieces of lines connecting these places and points of collection, multipleksatsii/demultipleksation of leased lines when forming the complete leased line are necessary for.
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. 35 Administrative board of 20.12.2011 about assignment of preliminary special obligations on AO "Moldtelecom" in connection with considerable influence in the market of wholesale provision of terminal sites of leasable lines, irrespective of the used technology, for provision leased or the reserved reservoir.
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.
Members of the NAREKIT Administrative board
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