Does your company provide internet access or communications services and you want to become an operator in Spain? If your answer is yes, you should know that there are a series of legal procedures that you will have to follow before the CNMC. We tell you about them in this article.
In Spain, becoming a telecommunications operator involves a series of administrative and legal procedures to ensure compliance with current regulations.
The National Markets and Competition Commission (CNMC) is the body in charge of regulating and supervising the telecommunications sector through the Operator Registry. Below, we detail the aspects to be considered.
Requirements to become a telecommunications operator
Index of contents
The first thing you should know is what an operator is from a legal point of view in Spain. The General Telecommunications Law defines an operator as follows:
A natural or legal person that supplies public electronic communications networks or provides electronic communications services available to the public and has notified the Registry of Operators of the start of its activity or is registered in the Registry of Operators.
This type of services may be provided by natural or legal persons:
- Who belong to a Member State of the European Union or a country of the European Economic Area.
- That are of another nationality when there are international agreements with Spain.
- That they are expressly authorized by the Government as an exception.
Operator Registration with the CNMC
Registration with the CNMC is an essential step for any company wishing to offer telecommunications services in Spain. This process is carried out through the CNMC’s Registry of Operators.
In order to register, a prior notification must be made to the CNMC prior to the start of the activity. This application must include:
- Entrepreneur’s data. Name, address, CIF, nationality and other identification data.
- Details of registration in a public registry. This may be the commercial registry or other similar.
- Supplier’s website. It is the site associated with the service.
- Description of the service. Detail the telecommunication services to be offered.
- EU Member States concerned.
- Date of commencement of activities. This may be a forecast.
- Details of the presenter for notification purposes. Identity, passport, e-mail and telephone number.
- Responsible declaration. It is the one related to the fulfillment of the legal requirements.
Along with the above, technical documentation on the network to be operated must be provided.
If the documentation is correct and the company meets all the requirements, the operator will be registered. If there are any problems, a reasoned resolution will be issued within 15 days, explaining what the problem was and considering the notification as “not reliable”. In this case there are two options:
- File an appeal
- Resubmit the application again
Payment of fees
Those operators whose annual gross operating income exceeds 1 million euros must pay a fee not exceeding 1.25 per thousand of the gross operating income. The fee is due on December 31 of each year.
Other procedures to be carried out by operators
In addition to the above, operators may carry out other procedures at the CNMC, such as the following:
- Request for modification of the registered data within one month after the change occurs.
- Cancellation of the registration when the activity ceases.
- Communication of the continuity in the provision of the service every three years.
- Request for the issuance of a registration certificate.
In what cases is the operator’s status lost?
The loss of the status of telecommunications operator occurs in the following cases:
- Cessation of the operator’s activity.
- Extinction of the operator’s personality.
- Final administrative sanction.
- Lack of communication of the continuity of the service.
Penalties for non-compliance
Failure to comply with the registration obligations established by the Law may result in the imposition of penalties on the telecommunications operator. These penalties may consist of:
Fines for very serious infringements, of up to €20 million.
Disqualification of the telecommunications operator from providing the service for very serious infringements.
It is therefore important for operators to keep up to date with their obligations and to be aware of the applicable regulations.
Becoming a telecommunications operator in Spain requires compliance with a series of formalities and obligations before the CNMC and the Registry of Operators. From the application for registration to periodic renewal, each step is essential to ensure the legal and efficient operation of telecommunications services.
It is important to be informed and comply with all regulations to avoid penalties. If you need a representative before the CNMC with residence in Spain, do not hesitate to contact LEIALTA, our tax and legal representation team will analyze your case and carry out all the procedures on behalf of your company.
