Spain

[ES] Limit of CMT's Power to Grant Concession

IRIS 2000-10:1/8

Alberto Pérez Gómez

Entidad publica empresarial RED.ES

On 14 September 2000, the Comisión del Mercado de las Telecomunicaciones (Telecommunications Market Commission - CMT) rejected a submission for a permit to provide local terrestrial TV services. This submission was presented by Tele K, a local TV operator which started to provide its services before the Spanish Act 41/1995 on Local Terrestrial TV was passed, and therefore is affected by the Transitional Provision of this Law, which states that the local TV operators that were providing services before January 1995 are authorised to continue with their activity until the concessions are granted. The concessions should be granted by the Autonomous Communities (Spanish regions, which have legislative and administrative powers and functions in certain fields, including broadcasting), but they cannot do so because the necessary Technical Plan has not been approved by the national Government. The CMT acknowledges the uncertainty created by this situation, but it has stated that it has no powers to grant concessions for the provision of local TV services.