The National Commission for Markets and Competition (CNMC) has opened an infringement procedure against Telefonica for alleged discriminatory conduct against its competitors at the time of provisioning, and troubleshooting of the wholesale services NEBA copper and fiber, has informed this Monday the agency.
The CNMC has analyzed the period between January 2017 and march 2018, and from the data obtained, it has found “sufficient evidence” that Phone would have breached the non-discrimination obligation that is imposed by its position as operator with significant power on the wholesale markets for broadband.
In this sense, Competition remember that Telefónica should pay “to third-party resources equivalent to those provided to itself ( * ), on the same terms and conditions”. These terms and conditions are contained in the offers wholesalers approved by the CNMC.
“The obligation of non-discrimination has imposed on Telefónica refers to both the quality of the service as to the delivery deadlines and other terms and conditions of the supply, regardless of the physical location,” he says.
Competition alleges that Telefónica would have provided services and repairing faults for its own customers on better terms than those registered for the provisioning and maintenance of wholesale services provided to alternative operators.
In this way, the CNMC considers that Telefónica could have incurred a very serious infringement of the General Law of Telecommunications.
Competition remember that the opening of this record does not prejudge the final outcome of the investigation. The agency will now have a maximum period of one year for the statement of record and their resolution.
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