RomTelecom, Operator with Significant Power on the Local Loop Access Market

On Wednesday, February 12, 2003, the National Regulatory Authority for Communications (ANRC) put forth for public consultation on its website (www.anrc.ro) two new decision projects. The first one refers to the completion of “Regulation Regarding the Identification of Relevant Markets within the Electronic Communications Sector”, approved by decision of the President of ANRC no. 136/2002 and published in the Official Gazette of Romania, Part I, no. 916 of December 16, 2002. The second project refers to the “Identification of S.N.Tc. RomTelecom – S.A as Having Significant Power on the Market of the Unconditioned Access to the Twisted Metallic Pairs Local Loop as Regards the Provision of Broadband Data Services and Voice Services”.

According to the first project, six new relevant wholesale markets were added to those identified so far:

– the market for the provision of total or segmented access to the twisted metallic pairs local loop for the purpose of providing broadband Internet access services and publicly available telephony services at fixed locations

– the market for the provision of bit-stream access to the local loop made of twisted metallic pairs, optical fibers, coaxial cable and to the radio local loop with the purpose of providing broadband Internet access services

– the market for the provision of leased lines – terminal segments

– the market for the provision of leased lines – trunk segments

– the market of the access to the facilities associated to the public electronic communications networks segments made of metallic pairs, optical fiber or coaxial cable which comprises the access to those associated resources that allow or support service provision, including those resources which, although were not created to support electronic communications networks, yet are used as associated facilities for at least one public electronic communications network (high and low voltage transmission line poles, ducts, trenches, buildings, towers, subway tunnels etc.)

– the market of thee access to the facilities associated to the radio segments of the public electronic communications networks which comprises the access to those over ground associated resources that allow or support service provision, including those resources which, although were not created to support electronic communications networks, yet are used as associated facilities for at least one public electronic communications network (line poles, ducts, trenches, etc.).

Based upon the Regulation completed by the first decision project, ANRC designates, by the second decision project, S.N.Tc. „Romtelecom” – S.A. as operator with significant power on the market for the provision of total or segmented access to the twisted metallic pairs local loop for the purpose of providing broadband Internet access services and publicly available telephony services at fixed locations.

After the adoption of this Decision, ANRC will impose S.N.Tc "RomTelecom" – S.A. one or more of the obligations under art. 9-14 from G.E.O. no. 34/2002 regarding the access to public electronic communications networks and the associated facilities, as well as their interconnection, approved with amendments and completions by Law no. 527/2002. These obligations may refer to transparency, non-discrimination, separate accounting, or cost oriented tariffs.

The Draft Decisions are available for consultation until February 24, 2003 on ANRC Internet page.