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THE RESOLUTION OF THE AGENCY OF SOFTWARE TO REGULATION IN THE FIELD OF ELECTRONIC COMMUNICATIONS AND INFORMATION TECHNOLOGIES OF THE REPUBLIC OF MOLDOVA

of April 28, 2009 No. 85

About determination of the list of the relevant markets of networks and/or services of electronic communications

(as amended on 30-12-2020)

Based on the Art. 9 parts (1) Item to) and the Art. of 51 parts (2) the Law No. 241-XVI of November 15, 2007 on electronic communications (The official monitor of the Republic of Moldova, 2008, No. 51-54, of the Art. 155);

considering recommendations of the European commission 2007/879/EC 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 log of the European Union No. L 344, of December 28, 2007);

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

for the purpose of carrying out the analysis by the Agency in the markets for identification of the relevant markets of networks and/or services of electronic communications which characteristics can justify assignment of preliminary special obligations, the DECIDES: Administrative board

1. Determine the list of the relevant markets of networks and/or services of electronic communications according to appendix.

2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Chairman of the NAREKIT Administrative Board

Serdzhiu Sytnik

Members of Administrative Board

Ion Pokin

Yury Ursu

Appendix

to the Resolution of Administrative board of the National agency on regulation in the field of electronic communications and information technologies No. 85 of April 28, 2009

List of the relevant markets of networks and/or services of electronic communications

I. Retail relevant markets

1. Access for ultimate users, physical persons and legal entities to public telephone network in the fixed point.

This market includes any form of connection in networks of electronic communications which provide access in the fixed point for provision of telephone public service to physical persons and legal entities, irrespective of physical infrastructure and technology on which the access network is based. Mobile access to telephone network of public use is not part of this market.

The market includes both access to networks, and possibility of implementation of national voice calls by physical persons and legal entities. The possibility of implementation of the international challenges by means of access in the fixed points is not part of this market.

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.

II. Wholesale relevant markets

2. Initiation of challenges in the fixed point from public telephone network.

This market includes transportation services of challenges from the termination fixed subscriber's point to interconnection point.

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.

3. The termination of voice calls in own networks of the fixed telephone communication.

This market includes possibility of transfer by the supplier of the voice calls initiated in any network and intended to users of this network.

The geographical amount of each individual market of the termination of voice calls in own networks of the fixed telephone communication is determined by borders physical and/or logical (in case of VoIP of networks of the fixed telephony) geographical distribution of this network and is determined as points in which users can get physical and/or logical access for use of services.

4. Local access in the fixed points.

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

As for geographical measurement, depending on local conditions of the competition, this goods market is characterized by existence of two subnational geographical markets within the territory which is under control of the constitutional authorities:

1) Subnational geographical market 4 and);

2) Subnational geographical market of 4 b).

5. Centralized access in the fixed points for products of broad consumption.

The goods market includes virtual access (including access like "bit stream") in the fixed points. This market is on descending to local access in the fixed points which belongs to the market 4, in the sense that this resource can be, in combination with other elements, basis for centralized access in the fixed points for products of broad consumption.

As for geographical measurement, depending on local conditions of the competition, this goods market is characterized by existence of two subnational geographical markets within the territory which is under control of the constitutional authorities:

1) Subnational geographical market 5 and);

2) Subnational geographical market of 5 b).

6. No. 61 is excluded according to the Resolution of National agency on regulation in the field of electronic communications and information technologies of the Republic of Moldova of 30.12.2020

7. The termination of voice calls in own networks of mobile telephone communication.

This market includes possibility of transfer by the supplier of the voice calls initiated in any network and intended to users of this network.

The geographical amount of each individual market of the termination of voice calls in own networks of mobile telephone communication is determined by physical borders of geographical distribution of this network.

8. Wholesale provision of leased lines - trunk sections, irrespective of the used technologies, for provision of the selected or redundant reservoir.

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