The New General Telecommunications Law in Spain

Main changes in the General Telecommunications Law in Spain

The General Telecommunications Law in Spain aims to reduce costs so that operators can increase coverage of their networks and reflect the reduction in cost in the final prices. To this end, the Law allows the deployment of new generation networks, both fixed and mobile, increasing coverage. It promises to guarantee that all Spanish homes have access to a minimum Internet speed of 10 megabytes per second (Mbps) by the year 2017 and that, three tax years later, the broadband connection speed will reach 30 Mbps and at least half of homes will have access to services of speeds greater than 100 Mbps.

Installation of high-speed networks

The new General Telecommunications Law guarantees the right for any user to have access to high-speed networks, which implies that, if a resident wishes to contract high-speed network services, the neighbouring community must allow the necessary deployment to provide that service.

Seizure of rooftops on buildings

One of the most controversial issues of this Law is the possibility that telephone companies now have to seize spaces on the rooftops of buildings, to put antennas, without the authorization of city councils. It will only be necessary to obtain the permission of the Spanish Ministry of Industry, which would in this case create a special easement.

Other measures to increase telecommunications networks

The new General Telecommunications Law also creates administrative simplification measures, including the abolition of the urban and environmental licenses for the deployment of telecommunication networks in private houses, which will be substituted by responsibility declarations.

This new law intends to complement and reinforce the law to guarantee market unity from the sectorial legislation. To this end, common technical requirements are established for the deployment of networks, such as maximum limits of emission and exposure to electromagnetic fields throughout the country. New mechanisms for coordination and collaboration between the State, the Autonomous Communities and the local authorities are also designed to allow the deployment of telecommunication networks.

Periods

The new regulation states that the change of operator keeping the number (portability) should be carried out in the period of one working day and should improve the access to services for people with disabilities or with special social needs.

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Please note that this article is not intended to provide legal advice.

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