Romania

[RO] Joint Market Survey by ANRCTI and CNA

IRIS 2007-5:1/30

Mariana Stoican

Journalist, Bucharest

The remit of the Autoritatea Naţională pentru Reglementare în Comunicaţii şi Tehnologia Informaţiei (National Regulatory Authority for Communication and Information Technology in Romania - ANCRTI) includes keeping check on whether individual market participants in this sector are in compliance with the basic regulations contained in the Government Order No. 34 dated 30^th January 2002 on access to electronic communication networks, to the pertinent infrastructure and to its inter-networking.

The ANRCTI accordingly operates as the anti-cartel authority in the communications and IT field. To perform this task, the ANRTCI is currently carrying out a nation-wide market survey with the support of the Consiliul Naţional al Audiovizualului (National Audiovisual Council - CNA). Using questionnaires that are to be completed by all broadcasting organisations and the trade associations concerned by 23 April 2007, the information required on the current concerns of the media suppliers and their access to programme delivery platforms (terrestrial systems, cable operators, satellite, IP technology, xDSL or 3G/UMTS) will be collected. The principal purpose of the market survey is to determine, as accurately as possible, the current status of supply and demand in the relevant service sector and of access facilities to the individual delivery platforms. The conclusions of the survey will highlight the competitive position in the field of transmission services (including re-broadcasting), in order to better counteract any concentration of market power in the hands of particular concerns and companies.

Under Art. 9 to 13 of the government order No. 34/2002, the ANRCTI is authorised to take restrictive action, should any company act in breach of the rules of free market competition and fail to comply with access to audiovisual transmission and delivery platforms. These supervisory and intervention responsibilities of the ANRCTI are in line with the EU directive package governing free market competition. They provide for accountability, non-discrimination, separate book-keeping and charging of the required cost-based rates, and for ensuring access to the appropriate communications network.

The points raised in the questionnaire relate inter alia to aspects of demand on the specific market, the delivery platforms used and to technical, legal and economic requirements in the relevant service sector.