By Alessandro Mauro
To submit comments and updates: alessandro.mauro@telecomitalia.it
In 2008, the Authority (CMT) published the results of the public consultation on NGA; the conclusion reached was that, prior to proceed in implementing a functional separation of the access network, the impacts on the competitive framework and on the operators investment decisions should be thoroughly analyzed; it would be anyway a measure "extreme and exceptional."
During the previous year, however, the Authority had imposed to Telefonica to communicate to the CMT itself and to the competitors a series of KPIs on the level of service quality offered both internally and externally, in order to verify potential discriminatory situations to the detriment of alternative operators.
In 2012 the new 2009 “Telecom Package” rules on functional separation were transposed into Spanish national legislation: as far as the mandatory separation is concerned, first the CMT has to conclude that the existing remedies are not sufficient to avoid market failures; then, the government officially propose the measure to the Commission.