On 22^nd of February 2011, the Communications Regulation Commission (the CRC) finally adopted a decision regarding the analyses of the market of wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location and the market of wholesale broadband access in the Republic of Bulgaria under the EU regulatory framework.

 

The results of the public consultations carried out with the stakeholders are reported and the opinions of the Commission on Protection of Competition, as well as the received by the European Commission (EC) recommendations after the notification of both markets have been taken into account in the CRC’s final decision.

 

The results of the analyses showed that the market of wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location and the market of wholesale broadband access are susceptible to ex ante regulation, as there is no effective competition on the relevant markets due to the presence of SMP undertaking.

 

The CRC determined the “Bulgarian Telecommunication Company” AD (BTC) as SMP undertaking on the analyzed markets.

 

With the specific obligations imposed on the undertaking with significant market power on the relevant markets it is aimed creation of conditions for effective competition by providing possibilities for the alternative undertakings to offer their own services, thus the end users will have the opportunity for a greater choice.

 

The determination of the wholesale prices calculated on the basis of the costs of an efficient operator, as well as the imposed obligations for non-discrimination and transparency will create confidence in the market players that through the prices the BTC’s efficient costs are restored, as at the same time the incumbent will be ensured with return on investments.

 

By the adoption of the CRC’s final decision the regulatory measures are subject to immediate execution.

 

The final decision, the enclosed to it market analyses together with the summarized results from the carried out public discussions and consultations with the Commission on Protection of Competition and the EC, are published on 14.03.2011 under the section “Market Regulation – electronic communications”.