CNMC proposes stricter spectrum controls to prevent anticompetitive situations

3 Feb 2016

Spanish telecoms regulator the Comision Nacional de los Mercados y la Competencia (CNMC) has proposed stricter controls on radio spectrum, saying that such a move was ‘essential’ to ensure that companies are using spectrum effectively and efficiently. In addition, the watchdog has suggested that the revised rules would also help avoid ‘speculative hoarding and anticompetitive rights use’.

As such, it has proposed that the Ministerio de Industria, Energia y Turismo (MINETUR) amend the draft royal decree on the use of public radio spectrum (IPN/DTSA/026/15/Reglamento espectro). The regulator has recommended a more intensive monitoring of spectrum, claiming that the MINETUR has a wealth of information which would allow it carry out such checks. Specifically, the CNMC has argued that controls should also be extended to bands commonly used for Wi-Fi technology. Meanwhile, it has also suggested that in order to avoid competition issues with regards to spectrum sharing a mandatory report should be produced which would allow for the implementation of commitments in frequency sharing agreements. Finally, the CNMC has recommended tweaking existing regulations to ensure that MVNOs do not face an ‘additional barrier to the already difficult process’ of negotiating new or updated deals with the nation’s network operators.

Spain, Ministerio de Industria, Energia y Turismo, National Commission for Markets and Competition (CNMC)