25.09.2023
ANCOM launches for public consultation the draft decision proposing the withdrawal of the obligations imposed on operators identified with significant power on the relevant markets corresponding to voice call termination services at fixed points, respectively at mobile points in public telephone networks.
The markets for voice call termination services at fixed locations, respectively at mobile points in public telephone networks are currently regulated by ANCOM, being imposed on designated providers with significant power on these markets a series of obligations regarding the access and use of specific elements of the network and associated infrastructure, transparency, non-discrimination and, respectively, tariff control and cost-based substantiation for services auxiliary to interconnection.
The analysis carried out by ANCOM to assess the opportunity to maintain, modify or withdraw the obligations previously imposed on these markets showed that, despite the existence of barriers to market entry, the competitive circumstances have changed significantly.
One of the novelty elements determining the conclusions of the analysis carried out was the entry into force, starting with July 1, 2021, of Delegated Regulation (EU) 2021/654, which regulates, at European level, the maximum rates that can be charged for termination services.
This act eliminated the most important competitive problem that could arise in the identified markets, namely the possibility for termination providers to manifest their market power by excessively increasing termination rates on their own public telephone networks.
Therefore, given that the criteria related to market entry barriers, effective competition, respectively the efficiency of competition law enforcement are not cumulatively met, ANCOM proposes to withdraw the individual obligations of providers designated as having significant power on the mentioned markets identified according to the Decision of the President of the National Authority for Management and Regulation in Communications no. 1085/2017.
Since, when certain obligations imposed on providers with significant power are withdrawn, it is necessary for operators who are buyers and are affected by these measures to be aware of the changes on the market in advance, ANCOM established a transitional period of one year. During this period, specific obligations previously imposed will be maintained under the same conditions.
Public consultation process
The draft ANCOM decision on the relevant markets in the electronic communications sector corresponding to voice call termination services at fixed locations, respectively corresponding to voice call termination services at mobile locations, as well as on withdrawing existing individual obligations can be consulted here. The interested persons are invited to submit comments and proposals by 23.10.2023 to ANCOM's headquarters (2 Delea Noua Street, sector 3, Bucharest), through the Online Registry or through the regional divisions of the Authority. Comments can also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.ro.
Once the public consultation and the analysis of the observations and proposals received during the consultation completed, ANCOM will notify the proposed measures to the European Commission, the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities in the field of electronic communications in the other Member States of the European Union.
