The deployment of new generation networks requires large economic investments. Law 11/2022, of June 28, General of Telecommunications (LGTel), aims, among other objectives, to promote competition without discouraging these investments, taking into account that their high amounts could generate barriers to entry into this market.
In recent years, important deployments of fixed electronic communications networks of high and very high capacity have been carried out in Spain. Thus, by mid-2021, for example, the coverage of fiber optic networks (FTTH) already reached almost 88% of households. However, despite the large number of accesses installed, operators continue to deploy, both in areas where there is still no coverage, and in areas where, although there are agents marketing electronic communications services of high and very high capacity, customers can benefit from the existence of competition in the provision of these services.
A key element that has facilitated the extension and capillary of the new generation networks is the incorporation of a Common Telecommunications Infrastructure (ICT) in the new construction buildings, which has been carried out in Spain since 1998, and the installation of final sections of fixed networks of high and very high capacity in buildings already built, as has been happening in the case of the aforementioned FTTH networks. Both types of facilities are regulated in article 55 of the Act.
Paragraph 5 of this article provides that operators may install the end sections of such networks in buildings, estates and building complexes, and may use the façades in certain circumstances.
For the final sections intended for the provision of services in buildings that are included, or should be included, in the horizontal property regime, it establishes that, from the moment of the start of the installation of a final section in a certain building by the first operator (by facade or interior), any other may carry out its own deployment in the same building.
Likewise, this section recognizes the right of operators to carry out their deployments in step in any building, regardless of whether or not it is subject to the horizontal ownership regime, to give continuity to installations in neighbouring or nearby buildings, provided that there is no other economically efficient and technically viable alternative.
As a measure to protect the rights of users, operators are required to provide prior written communication to the owners, together with a description of the action they intend to take.
In order to facilitate the application of Article 55.5 of the LGTeL, and thus contribute to the resolution of disputes that may arise between operators and owners in relation to the installation of end sections of high and very high capacity fixed networks in buildings already built, the following note is published: