The CNMC backs the creation of a new agency to facilitate cross-government collaboration and improve operator access to public and private property
Interministerial Commission would aim to accelerate network rollouts
On 15 November 2023, the Comisión Nacional de los Mercados y la Competencia (CNMC) approved a report on the Draft Royal Decree that outlines the creation and duties of an Interministerial Commission. The purpose of this new body is to streamline collaboration mechanisms between public administrations to facilitate the installation and operation of high-speed fixed and mobile networks. The Commission will enable cooperation between different ministerial departments in order to speed up operators’ requests to access public and private property (which they submit to an online portal known as the AAPP). While the CNMC considers this collaboration vital to Spain achieving its connectivity objectives under the Digital Spain 2026 agenda, operators cite difficulties in managing and processing the permits necessary to access buildings.
The CNMC considers it should have a role in running the new body
As an organisation that has extensive experience in managing relations between telecoms sector and public administrations, the CNMC considers that its participation in the Interministerial Commission must be ensured, for instance through periodic meetings and working groups. Regarding the duties of the Commission, the CNMC recommends that it address issues that have a particular impact on the deployment of networks, such as:
Simplifying the management of permits;
Promoting online approvals and a single information point; and
Sharing information and best practices in tax matters.
The regulator also recommends requiring significant transparency of the actions of the Interministerial Commission through the publication of its main decisions and recommendations, and the preparation of an annual report.
City Councils are presenting obstacles to operators’ fibre deployments
The CNMC’s recommendations came just a day after it published a list of several municipalities that have prohibited operators from installing fibre networks in public spaces. According to the regulator, the City Councils of Zamudio (Vizcaya), Santander, Torredonjimeno (Jaén) and Turre (Almería) have denied several licence applications to install fibre on public roads through “negative administrative silence”. In each case, the Council must justify its decision, in accordance with relevant legislation, and offer the operator a viable alternative deployment option. In Madrid, the City Council of Meco has made a similar denial, which the CNMC considers violates the principle of necessity and proportionality provided for in the Market Unity Guarantee Law. This piece of legislation was enacted in 2013 and revised in 2022, and aims (among other things) to create a favourable environment for both competition and investment.
