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Local Governments in Spain Restrict Fiber Optic Deployment in Public Spaces

15.07.2024 | 🇪🇸 Spanish competition authority

Several Spanish municipalities, including Oviedo, Cartagena, Écija, Ibi, and Vélez-Málaga, have denied licenses for fiber optic installation, prompting scrutiny from competition authorities.


Several municipalities in Spain have refused to grant licenses for the installation of fiber optic networks, contravening telecom laws and regulations. The decisions must be justified under the General Telecommunications Law and Real Decree 330/2016, with viable alternatives to be provided to operators.

The CNMC has highlighted instances where local governments have prohibited fiber optic deployment without valid reasons, breaching the Law on Market Unity Guarantee. The CNMC emphasizes the need for municipalities to justify such denials and offer feasible alternatives to operators.

In response to complaints, some municipalities have reversed their decisions, such as Cartagena issuing a favorable report to Lyntia Networks, indicating the granting of the license. However, other municipalities like Cartagena, Écija, and Ibi have rejected fiber optic deployment requests through negative administrative silence, prompting the CNMC to urge proper justification for these refusals.

Additionally, Vélez-Málaga's prohibition of fiber optic installation unless justified by specific reasons, such as cultural heritage or public safety concerns, has been noted. Aerial deployment is allowed when no other alternatives exist due to technical or economic reasons.

Aside from fiber optics, the CNMC has also addressed issues in other sectors, such as maritime passenger transport and technical services. For instance, Ibiza's requirement for a single operator to provide a nautical bus service in the port and the demand for construction officials to reside on the island have raised concerns over compliance with market unity regulations.

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