If you want your company to be an operator in the field of communications in Spain, it must be registered. In this post we tell you what the registration of operators consists of, how it is done and where it is regulated.
Since 2003, the telecommunications market in Spain has been open to any company to operate in it, which is why it is necessary to control operators. In this sense, the current General Telecommunications Law establishes in section 1 of article 5:
The operation of networks and the provision of electronic communications services will be carried out under free competition with no other limitations than those established in this Law and its implementing regulations.
Is registration of telecommunications operators necessary?
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The answer is yes, as regulated in Article 6.2 of the General Telecommunications Law:
Those interested in the operation of a specific network or in the provision of a specific electronic communications service must, prior to the start of the activity, give prior notice to the Registry of operators in the terms to be determined by royal decree, subjecting themselves to the conditions laid down for the exercise of the activity they intend to carry out.
How is the registration of telecommunications operators carried out?
Any operator wishing to operate in the Spanish telecommunications market must therefore register in the Operators’ Register. This register depends on the National Commission for Markets and Competition (Comisión Nacional de Mercados y de la Competencia).
Various procedures can be carried out in the Operators’ Register:
- Notifying the operation of networks or the provision of electronic communications services. This notification fulfills the obligation to notify the start of activity to the Register of Operators regulated by law.
- Request the modification of registered data. Any modification that an operator undergoes and that affects the registered data must be communicated to the Register of Operators.
- Request a registration certificate. The certificate will prove, for example, that the company has been entered in the register.
- Communicate the continuity in the provision of activities. Every three years, operators must report that they are continuing their activities.
What documents and information must be provided in order to notify and register a telecommunications operator?
In the event that you wish to register an operator in the Register of Operators, you must provide the following documentation:
Notifications to the CNMC:
- Name and surname or company name of the person concerned.
- TAX ID NUMBER
- Registered address and address for notification purposes in Spain.
- Legal representative in the case of legal persons.
- Responsible person for the purpose of notifications in Spain with his NIF:
- Date and place of notification.
- Signature of the interested party or its legal representative.
- Express commitment to submit to the conditions foreseen for the exercise of the activity to be carried out.
- Declaration of submission to the Spanish courts.
- Responsible declaration regarding compliance with the applicable requirements.
- If desired, the interested party may submit to the arbitration of the CMNC.
- Date of commencement of activity.
- If the interested party is a company that has exclusive rights for the provision of services such as water, electricity, gas or transport, it must inform of this circumstance.
Documentation necessary to prove the identity of the interested party:
- In the case of a natural person, the following must be provided: DNI or passport if a foreigner, name, surname, NIF, address in Spain and document accrediting the capacity and representation of the representative, if there is one.
- If it is a legal entity:
- Document accrediting the company name, address, VAT number and registration details.
- Address in Spain for notification purposes.
- Name, surname(s) and NIF of the person responsible for notifications.
- Documentation accrediting the capacity and representation of the representative.
- Documentation accrediting the capacity to act.
- In the case of a person from a non-EU member state, the international agreement that authorises him/her to operate networks or provide telecommunications services must be indicated.
- Telephone and e-mail.
- Description of the network to be operated.
- Description of the service to be provided.
In this link can see the document to be filled in.
The deadline for registering the activity is 15 working days.
To complete the procedure you will need a digital certificate issued by a legally accredited certification service provider. You can consult the qualified electronic service providers on this website.
As you have seen, these are complex procedures for which you will need the help of a business consultancy that has a thorough knowledge of the Spanish market and the applicable legislation, as well as being able to act as a representative before the CNMC, so that there are no errors that may delay registration.