The CNMC has started an inquiry on Telefonica’s handling of faults related to the New Ethernet Broadband Service (NEBA) provided to alternative operators on copper and fibre.
Context: Telefonica faces a non-discrimination obligation due to its significant market power in the wholesale broadband access markets, based on the last review (February 2016).
Why is the CNMC taking action? The regulator claims that data from the two periods of time it analysed (January 2017 and March 2018) suggests that Telefonica may have delayed the response to faults for these services, despite its obligation to provide third parties with resources “equivalent to those it provides to itself (...) under the same conditions and terms."
What happens now? The CNMC must complete the procedure within a year from today. Tje regulator notes the breach could qualify as a “very serious infringement” under the Spanish Telecommunications Act, and could be punished with a fine up to €20m.
