In September 2011, the National Commission for the Communication Regulation of Ukraine (NCCR) adopted a Regulation on Analyses of the Markets for Traffic Termination and Definition of the Telecommunication Operators Having Significant Market Power (the Market Definition Regulation). When preparing this legislation, specific regard was given to the Commission Recommendations of 11 February 2003 and 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC.
Under the Market Definition Regulation, the NCCR will conduct the market analyses at least once every two years. The regulation also defines three traffic termination markets, specifically: (i) traffic termination on fix-line networks; (ii) traffic termination on mobile networks; and (iii) traffic transit on fix-line and mobile networks. Market players whose gross income share on certain traffic termination market exceeds 25% within one year are to be classified as operators having significant market power. Where this is the case, such operators will have to comply with certain additional regulatory requirements set out in the Market Definition Regulation.