ANCOM

The National Regulatory Authority for Communications and Information Technology launches a market research among radiobroadcasters (television and radio-broadcasting societies) in order to identify their needs regarding their access to platforms for the distribution of programme services to the public. This study is essential for the ANRCTI analysis of the audio-visual programme transmission (re-transmission) services segment, in conformity with the obligations resulted from Romania’s status as a Member State of the European Union.

ANRCTI initiated, by end-2006, the analysis of the wholesale market of audio-visual programme transmission (re-transmission) services through communications networks in view of ensuring their distribution for the public. On this market, the demand is represented by radiobroadcasters and services distributors, who wish that the programmes they broadcast or distribute reach the public, and for this purpose they need to have access to distribution platforms (terrestrial radio-electrical systems, cable networks, satellite, IP technologies, xDSL or 3G/UMTS).

ANRCTI conducts the market research among radiobroadcasters in co-operation with the National Audiovisual Council (CNA). The overall objective of the study is to analyse the demand and offer characteristics of the services of access to different available distribution platforms. The results of this study will allow a set of conclusions on the competitive situation in the Romanian audio-visual programme transmission (re-transmission) services segment to be drawn. Based on these conclusions, the Authority shall decide on the regulatory decisions in this segment.

Should the study reveal eventual competition-related problems, ANRCTI will have the right to intervene by imposing certain obligations on the companies which, due to their control of the access to distribution platforms and to their significant power on the market, might abuse of their relations with radiobroadcasters and services distributors. According to the European norms and the European practice, these obligations of transparency, non-discrimination, accounting separation, cost – orientation and/or provision of access to the network are meant to eliminate the obstacles that could hinder the establishment of normal competitive environment and may be imposed in compliance with arts.9-13 of the Government Emergency Ordinance no.34/2002.

The study is based on a questionnaire transmitted directly by ANRCTI to television and/or radio-broadcasting programmes services radiobroadcasters and published on the website of the Authority. The questions pursue the measurement of certain parameters such as: characteristics of the demand on the wholesale market, the distribution platforms used, technical, economic or legal limitations in services’ use, substitutability of different categories of platforms.

Taking into account the importance and complexity of consequences drawn on the Romanian audiovisual market by the results of the market analysis, ANRCTI requires from all radiobroadcasters, as well as from specialised associations, to provide the data requested by means of this questionnaire no later than April 23, 2007.

As well, any relevant information, opinions or documents which may contribute to the fulfilment of the market analysis can be sent by e-mail to sasp@anrcti.ro or in writing, to the attention of Market Studies and Analyses Unit within ANRCTI.

The questionnaire is available on www.anrcti.ro and www.cna.ro.

Additional information

Following Romania’s accession to the European Union as of January 1, 2007, the National Regulatory Authority for Communications and Information Technology (ANRCTI) has the obligation – in accordance with the provisions of the general regulatory framework in the field of electronic communications networks and services – to conduct between 2007 – 2008 a series of market analyses in view of identifying the relevant markets in the field which are susceptible to be submitted to ex ante regulation, as well as of identifying the providers with significant market power, with the purpose of imposing on them certain specific obligations. Afterwards, the Authority must notify the European Commission and the national regulatory authorities of the Member States of the European Union on the measures it intends to adopt.

ANRCTI undertakes its first market analysis in Romania’s capacity as a Member States of the European Union in the segment of audiovisual programmes transmission (re-transmission) services. This analysis was recommended by the European Commission (market 18 under the Commission’s Recommendation C(2003)497/11.02.2003 regarding the relevant markets of products and services within electronic communications sector susceptible of ex-ante regulation). Within the analysis, the Authority conducted, by the end of last year, two market studies – one focused on the offer existing on this segment of services, and the other focused on the public. At present, ANRCTI is processing and analysing the data resulted from these studies. By means of these studies, which shall be completed by the conclusions of the study launched today, ANRCTI aims at setting out substitution and geographic limits on the relevant market at the wholesale level, as well as at identifying the eventual obstacles in the way of a normal, competitive environment.