Spanish High Court reverses wholesale fibre access decision

29 Sep 2008

The Audiencia Nacional de Espana, Spain’s High Court, has reversed its decision that Telefonica would have to provide wholesale access to its new fibre network before it could launch its own high speed commercial services, Cinco Dias is reporting. The new temporary ruling was made on 26 September, with the court ruling that Telefonica could continue with plans to launch commercial services at the end of October 2008 without needing to create a framework for access by other operators. A separate tribunal has also been created with the specific task of considering the implications of forcing the incumbent to provide access to its new network. The new ruling was not unanimous, with the president of the court, Jose Luis Sanchez, stating that he believed the restrictions on Telefonica should have been maintained. The case began following a submission by Orange Espana contesting that the incumbent should have to provide wholesale access to its new fibre network to other operators after Spanish regulator the Telecommunications Market Commission (CMT) ruled that the operator would face no such restrictions.