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ANCOM Creates the Premises for MVNO Appearance in Romania

09.02.2012

 

Today, in the Consultative Council, the National Authority for Management and Regulation in Communications (ANCOM) presented the industry with draft guidelines on the activity of the mobile virtual operators (MVNO) in the Romanian electronic communications market, detailing the requirements to be met when entering the market as well as during the activity of those providers willing to offer mobile electronic communications services by means of accessing another operator’s network.
The mobile virtual operators are providers of mobile telephone services having their own customers and not operating their own network, but are using the mobile telephone network of another operator in order to provide their own services. The mobile virtual operator is the sole responsible for the relations with the end-users and has all the legal rights and obligations related to them, as well as all the rights and obligations provided under the electronic communications regulations. The mobile virtual operators establish and place on the market their own retail offer, that may differ from the offer presented by the mobile network operator hosting the MVNO.
The appearance of the mobile virtual operators leads to increased efficiency in the use of the existing mobile communications infrastructure and increased competition in the mobile communications market. The mobile virtual operators may influence the level of retail prices by offering added innovation and different services as compared to those of the providers having their own networks, they may satisfy the needs of certain niches of consumers not yet reached by the offers of the classic operators and will represent a dynamic factor, for the benefit of the consumers, who will have the opportunity to choose among several offers of services. The appearance of mobile virtual operators in the Romanian market may represent an advantage for the mobile telephone networks operators, who will be able to sell wholesale traffic minutes to the mobile virtual operators without making the effort to look for customers in the retail market, thus making maximum use of their networks’ capacity,” declaredCătălin Marinescu, president of ANCOM.
In order to become a mobile virtual operator, the provider must put up a business strategy and an operational model and must negotiate and conclude an agreement with an mobile network operator already owning the right of using the frequencies in licensed bands. Such an agreement shall include the technical and commercial conditions for accessing the network and will allow the provision of mobile communications services to the end-users. At the same time, a mobile network operator shall negotiate with the potential mobile virtual operators based on the principles of contractual freedom and negotiation in good faith. The mobile network operator must allow an economically efficient exploitation and must offer non-discriminating conditions from the point of view of service quality as compared to the those available to the mobile operator for its own business.
Any mobile virtual operator shall observe the general authorisation regime and shall have the obligation to notify ANCOM when starting such activity. As well, the operator may require numbering resources from the Authority and will have the right to negotiate interconnection agreements with any provider of mobile or fixed electronic communications networks.
The draft guidelines have been drawn up in accordance with the European legislation, based on analysis of the provision of mobile virtual networks in the national electronic communications market, as well as on the results of a consultation with the industry, conducted in 2011. The mobile networks operators and the potential mobile virtual operators have required the Authority clarifications with respect to the regulatory framework applicable to the mobile virtual operators, so as to allow them to start their activity in the Romanian electronic communications market, in accordance with the provisions of the national legislation in the field of electronic communications.
The draft guidelines are available for consultation on the ANCOM website, here. The interested persons are invited to send their comments and suggestions, by 09.03.2012, to the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, directly to the ANCOM Registry Office or by means of ANCOM territorial divisions. Comments and recommendations may also be sent by fax to +40 732 845 404 or by e-mail to consultare@ancom.org.ro.