Annual report (20-F) - Ono

• universal service and users’ rights relating to electronic communications networks and
services (the “Universal Service Directive”);
• access to, and interconnection of, electronic communications networks and associated
facilities (the “Access Directive”);
• authorization of electronic communications networks and services (the “Authorization
Directive”);
• the processing of personal data and the protection of privacy in the electronic
communications sector (the “Directive on Privacy and Electronic Communications”); and
• guidelines on market analysis and the assessment of significant market power under the
European Community regulatory framework for electronic communications networks and
services.
National Regulatory Authorities in Spain
The provision of telecommunications services in Spain is mainly regulated and overseen by the
Spanish Government through the Secretary of State for Telecommunications and Information Society, a
unit of the Ministry of Industry, Tourism and Commerce (Ministerio de Industria, Turismo y Comercio,
or “MITC”).
An additional independent oversight body, the Telecommunications Market Commission
(Comisión del Mercado de las Telecomunicaciones, “CMT”), was created in 1996. The CMT supervises
the activities of electronic communications and television operators. Amongst others, it is responsible for
promoting competition in the telecommunications and audiovisual markets and holds certain powers with
regard to safeguarding the plurality of service offerings, access to networks and networks interconnection.
The CMT also has sanction and other powers in connection with certain matters, solves conflicts between
operators and, as the case may be, arbitrates operators disputes, on request of the negotiating parties.
The CMT has advisory responsibilities with respect to tariffs for end user services. It issues
reports on all proposed tariffs and the regulation of prices for electronic communications services.
Additionally, the Spanish Government, the Ministry of Economy and Finance and the
Radiocommunications National Agency are also national regulatory authorities in the telecommunications
sector.
The General Law on Telecommunications of 2003
Law 32/2003, General on Telecommunications (“General Law on Telecommunications”)
became effective November 5, 2003 establishing a new regulatory framework for electronic
communications services in accordance with applicable EU directives (and repealing and replacing,
except for certain provisions, the General Law on Telecommunications of 1998, which liberalized the
provision of telecommunications services in Spain). The General Law on Telecommunications aims,
amongst others, at enhancing effective competition in the telecommunications sector, safeguarding
compliance by operators with public service obligations (specially those related to universal service),
promoting the development of the telecommunications sector, ensuring an efficient use of the scarce
resources, such as numbering and spectrum, defending users’ rights and contributing to the development
of the internal market of electronic communications within the EU. The General Law on
Telecommunications provides for free competition with respect to all electronic communications services
and with respect to the construction and operation of electronic communications networks. Electronic
communications services are deemed of general interest. Operators may be imposed certain public service
obligations.
The General Law on Telecommunications grants universal rights of access to basic services,
contains provisions relating to the privacy of communications, the protection of personal data and the
configuration of networks and services, and provides rules and procedures for the certification of devices
used for providing telecommunication services.
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