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registration document France Telecom 2009 - Orange.com

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overview of the Group’s Business<br />

6<br />

OVERVIEW OF BUSINESS<br />

Moldova<br />

Universal Service<br />

In April <strong>2009</strong>, the ANRCETI put forward for consultation a new<br />

draft of the regulations concerning universal service. The new<br />

draft sets out the procedures for: 1) the designation of universal<br />

service suppliers, 2) the <strong>com</strong>pensation of net cost of universal<br />

service obligations, 3) the formation of the universal service<br />

fund, 4) the terms of supply of the specifi c types of universal<br />

service obligations, as well as provisions concerning 5) the<br />

affordability of tariffs, 6) the control of expenditure and 7) the<br />

quality of service.<br />

According to the Government’s plan of activity, the Ministry of<br />

Information Technologies and Communications is to submit to<br />

the Government for approval the national plan for implementation<br />

of the universal service. No draft plan has been presented<br />

yet. In January 2010, the Ministry requested the operators to<br />

provide information on the number of their users in different<br />

geographic areas in order to assess the access to electronic<br />

<strong>com</strong>munications services in Moldova. This study should provide<br />

the basis for the preparation of the abovementioned Plan.<br />

The regulator also conducted a consultation on the draft<br />

methodology for calculation of the net cost of provision of<br />

universal service in 2008, which is subject to approval by the<br />

Government.<br />

Identification of Relevant Markets<br />

In April <strong>2009</strong>, the ANRCETI approved the decision identifying<br />

the relevant markets of electronic <strong>com</strong>munications networks<br />

and/or services susceptible to ex-ante regulation. The regulator<br />

identifi ed the seven markets listed in the 2007 Commission<br />

Re<strong>com</strong>mendation, as well as the markets 10 and 14 from<br />

the 2003 Commission Re<strong>com</strong>mendation and the market of<br />

“physical access to associated facilities”.<br />

The list of relevant markets includes the wholesale local loop<br />

unbundling and broadband access markets, as well as access<br />

to associated facilities (including ducts, towers, and premises).<br />

<strong>Orange</strong> Moldova’s <strong>com</strong>petitors have been lobbying for the<br />

adoption of additional regulatory remedies on <strong>Orange</strong> Moldova,<br />

particularly the identifi cation of the mobile retail market as a<br />

market susceptible to ex-ante regulation, the designation of<br />

<strong>Orange</strong> Moldova as an SMP operator on this market and the<br />

implementation of regulatory obligations, even if this market is<br />

not listed in the Commission’s 2007 re<strong>com</strong>mendation.<br />

Under the 2007 Law on electronic <strong>com</strong>munications, the operators<br />

recognized as having dominant position on the market by the<br />

C ompetition A uthority are automatically considered as having<br />

SMP on the same markets. So far, the Competition Authority<br />

has found that Moldtele<strong>com</strong> is dominant on local, long distance<br />

and international fi xed telephony markets, on wholesale as well<br />

as retail markets. The Competition Authority has also found that<br />

<strong>Orange</strong> Moldova, Moldcell and Moldtele<strong>com</strong> are dominant on<br />

the market for termination of calls in their own mobile network.<br />

Regulatory Support<br />

In October <strong>2009</strong>, the ANRCETI started a technical regulatory<br />

assistance project, sponsored by EBRD (European Bank for<br />

Reconstruction and Development).<br />

The project will be implemented over <strong>2009</strong>-2010 by Great<br />

Village International Consultants (Canada), Incyte Consulting<br />

(UK), Development Dynamics, Nicolas Higham & Associates<br />

(UK) and McLean Foster & Co.<br />

The project is focused on:<br />

■ improvement of the regulator’s institutional capabilities<br />

(training);<br />

■ identifi cation of relevant markets, market analyses and<br />

designation of SMP operators, imposition of regulatory<br />

obligations;<br />

■ interconnection and access to network infrastructure,<br />

including the development of a fi xed broadband market;<br />

■ preparation of the regulatory framework for the implementation<br />

of number portability;<br />

■ preparation of the regulatory framework for the implementation<br />

of universal service.<br />

Local loop Unbundling and Wholesale Broadband Markets:<br />

In February 2010, ANRCETI issued two consultations on<br />

the identifi cation of the local loop unbundling and wholesale<br />

broadband access markets. These market analyses will be<br />

followed by the determination of the SMP operator(s) and<br />

appropriate remedies.<br />

6<br />

<strong>Orange</strong> Moldova’s Activities<br />

Z FINANCIAL AND OPERATING INDICATORS <strong>2009</strong> 2008 2007<br />

Revenues (in millions of euros) 150 137 102<br />

Number of customers (in thousands ) 1,586 1,457 1,160<br />

Total mobile ARPU (euros per year) 97 103 99<br />

Source: <strong>Orange</strong><br />

<strong>2009</strong> REGISTRATION DOCUMENT / FRANCE TELECOM<br />

123

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