The Spanish Constitution confers in its article 149.1.21.ª exclusive competence of the State on telecommunications and radiocommunication. Likewise, article 149.1.27.a declares the exclusive competence of the State over the basic rules of the press, radio and television and other means of social communication, empowering the Autonomous Communities to develop and implement them.
The Ministry of Digital Transformation, through the Secretary of State for Telecommunications and Digital Infrastructures (art. 99 LGTel)
- Implementation of government policy in telecommunications services for national defence and civil protection
- Control of telecommunications equipment used by operators
- Granting of enabling titles for the use of the public radio domain and active protection thereof
- Ensuring interoperability and interconnection of the telecommunications networks of the different operators, as well as roaming of mobile networks
- Management of the national numbering allocation table and ensuring its interoperability
- Guarantee of the rights of users, uniquely of open internet access
- Formulation of proposals to facilitate the development and evolution of public service obligations
- Formulation of proposals for regulations concerning common electronic communications infrastructures, as well as exercising the functions regarding access to infrastructures capable of hosting public electronic communications networks
- Management of the registry of installer companies
- Management in a voluntary period of charges in the field of telecommunications that do not fall within the competence of the CNMC
- Inspection of telecommunications activities and imposition of sanctions
National Market and Competition Commission (CNMC) (art. 100 LGTel)
- Analysis of relevant markets relating to electronic communications networks and services
- Imposition of obligations on operators with significant market power – OPSM – in the relevant markets
- Approval of the annual declaration of the net cost of universal service, determination of the operators obliged to contribute to the National Fund of Universal Service
- Resolution of conflicts between operators or between operators and other entities that benefit from access, interconnection and interoperability obligations, conflicts related to assuming the costs of maintaining numbering, sharing, roaming, cross-border, etc.
- Establishment of the characteristics and technical conditions of the conservation of numbering (portability), both fixed and mobile