Regulated Sectors · Sub-area
Telecommunications and Transport Lawyers in Spain
Law 11/2022, the CNMC, SETSI. Operator authorisations, radio spectrum, network access and defence in sanctioning proceedings. Road transport (Law 16/1987), rail (Law 38/2015) and maritime-port (RDLeg 2/2011).
The legal framework for telecommunications in Spain
The General Telecommunications Act (Law 11/2022) is the sector's main rule in Spain. Adopted to transpose the European Electronic Communications Code (EECC), it establishes the market-access regime through a declaration of responsibility, the obligations of operators with significant market power (SMP), user rights, and the sanctioning regime.
The sector has two distinct regulatory bodies: the CNMC — the independent regulator with sanctioning powers, resolving disputes between operators and setting wholesale obligations — and SETSI — the sector-policy body with jurisdiction over the radio spectrum public domain, spectrum concessions, and universal service oversight. Decisions from both bodies can be appealed through judicial review before the National Court.
The sector's regulatory intensity — European and State legislation, CNMC decisions, and spectrum concessions — makes specialised legal assistance decisive from market entry through day-to-day compliance management and defence in sanctioning proceedings.
| Rule | Matter regulated |
|---|---|
| Law 11/2022 | General Telecommunications Act — transposes the European Electronic Communications Code (EECC). Regulates market access, user rights, spectrum and the sanctioning regime. |
| RD 123/2017 | Regulation on the use of the radio spectrum public domain — access conditions, tender processes, ownership and coverage obligations. |
| RD 988/2015 | Regulates access to infrastructure capable of hosting electronic communications networks — access easements and sharing. |
| Reg. (EU) 2018/1971 | Establishes the Body of European Regulators for Electronic Communications (BEREC) and the harmonised regulatory architecture in the EU. |
Telecommunications services
Six areas of advice in the telecom sector
Legal coverage in the areas with the greatest regulatory impact for electronic communications operators, content providers, and companies deploying telecommunications infrastructure.
Operator authorisations
Declaration of responsibility filed with the CNMC to begin operating as an electronic communications operator. Registration with the Register of Operators. Amendments to the declaration and periodic reporting obligations. Processing deregistrations and cessation of activity.
Radio spectrum
Applying for and processing concessions and authorisations to use the radio spectrum public domain before SETSI. Spectrum tender processes (700 MHz, 3.5 GHz, 26 GHz bands). Renewal and amendment of enabling titles. Challenging refusals and abusive conditions in concessions.
Wholesale network access
Negotiating and formalising wholesale access agreements for copper, fibre optic and mobile networks. Challenging access conditions before the CNMC. Arbitration and resolution of access disputes. Disputes over regulated prices (NEBA, bitstream, national roaming).
Infrastructure deployment
Municipal and regional permits for deploying antennas, telecommunications towers and fibre optic cabling. Rights of way and building access. Challenging licence refusals or passive-infrastructure usage conditions. Coordination with road and rail authorities.
Defence before the CNMC and SETSI
Representation in sanctioning proceedings for breaches of Law 11/2022: service quality obligations, user rights, unlawful use of the radio spectrum, access or supply obligations. Appeals before the National Court and, where applicable, the Supreme Court.
Universal service obligations
Advising designated operators on compliance with universal service obligations (USO): broadband coverage, affordable voice service, directory and information services. Defence against decisions imposing USO and net-cost financing mechanisms.
Law 11/2022 · CNMC
The telecommunications sanctioning regime
Law 11/2022 establishes a sanctioning regime with three levels of infringement. The CNMC investigates and decides; the National Court hears judicial review appeals against its decisions.
| Type | Maximum amount | Limitation period | Examples of infringements |
|---|---|---|---|
| Very serious | Up to €20,000,000 | 3 years | Unlawful use of the radio spectrum, serious breach of access obligations, providing services without a declaration of responsibility. |
| Serious | Up to €2,000,000 | 2 years | Breach of service quality obligations, breach of user rights, non-compliance with CNMC decisions. |
| Minor | Up to €50,000 | 1 year | Formal defects in the declaration of responsibility, delays in reporting data to the Register of Operators, minor breaches of user information obligations. |
The CNMC can additionally impose coercive fines of up to €1,000,000 for non-compliance with final decisions. For very serious infringements, it can order a temporary halt to activity of up to 6 months. Sanctioning proceedings can be appealed before the Administrative Chamber of the National Court.
The legal framework for transport in Spain
Transport in Spain is split across three major regulatory sub-sectors. Road transport is governed by the Land Transport Act (Law 16/1987, LOTT) and its Regulation (RD 1211/1990), with shared jurisdiction between the State (inter-regional and international transport) and the regions (regional transport).
Rail transport of general interest is governed by the Railway Sector Act (Law 38/2015). ADIF manages the infrastructure; the CNMC acts as the sector's control body, with jurisdiction to resolve disputes between railway undertakings and the infrastructure manager.
The maritime-port sector is governed by RDLeg 2/2011 (Consolidated Text of the State Ports and Merchant Marine Act). Port Authorities manage the port public domain under the supervision of Puertos del Estado, a body reporting to MITMA. Coordination with the regions affects coastal maritime transport and regional ports.
| Rule | Matter regulated |
|---|---|
| Law 16/1987 | Land Transport Organisation Act (LOTT) — regulates road transport of passengers and goods, EU authorisations, and the sanctioning regime. |
| Law 38/2015 | Railway Sector Act — the railway network of general interest, railway undertaking licences, safety certificates and the CNMC's control body. |
| RDLeg 2/2011 | Consolidated Text of the State Ports and Merchant Marine Act — management of the port public domain, Port Authorities, port services and the sanctioning regime. |
| RD 1211/1990 | LOTT Regulation — conditions for transport authorisations, the table of infringements, and the disciplinary regime for road transport. |
Transport services
Advice in road, rail and maritime transport
Legal coverage across the three main transport sub-sectors, with particular attention to obtaining and defending authorisations, infrastructure concessions, and sanctioning proceedings before the central government and the regions.
Road transport
Obtaining and renewing passenger and goods transport authorisations (Law 16/1987 LOTT). EU authorisation for international transport companies. Defence in sanctioning proceedings for breaches of driving times, tachograph rules, maximum weight, or authorisation conditions.
Rail sector
Railway undertaking licence and safety certificate (Law 38/2015). Applying to ADIF for infrastructure capacity. Challenging ADIF decisions on path allocation before the CNMC. Defence in disciplinary proceedings before the State Railway Safety Agency (AESF).
Port and maritime law
Concessions and authorisations on port public domain (RDLeg 2/2011). Relations with Port Authorities and Puertos del Estado. Port service contracts (stevedoring, pilotage, towage). Defence in Maritime Administration sanctioning proceedings. Coordination with MITMA on port disputes.
Our value proposition
Why sector companies trust Dobarro
Regulator know-how
Direct experience in proceedings before the CNMC, SETSI and MITMA. We know the criteria applied in decisions and the arguments that work in each type of proceeding, both at the administrative stage and on judicial review.
Coverage of both sectors
Few firms rigorously cover both telecommunications and the various transport sub-sectors. Dobarro offers comprehensive advice to companies operating in both sectors or at their intersection (telecommunications networks for the rail sector, digitalised port infrastructure).
Defence throughout the entire appeal chain
From the initial submission before the CNMC or MITMA to judicial review before the National Court and, if necessary, the Supreme Court. Without changing team or file.
Direct access to the partner
Every file is handled directly by Cristóbal Dobarro Gómez, Doctor of Laws and specialist in administrative law and regulated sectors. No intermediaries, no delegation to juniors.
No-obligation consultation
Do you operate in telecommunications or the transport sector?
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Free ConsultationFrequently asked questions about telecommunications and transport
What is SETSI and what powers does it have over telecommunications operators?
The Secretariat of State for Telecommunications and Digital Infrastructure (SETSI) is the body within the Ministry of Digital Transformation responsible for sector policy: it draws up the National Frequency Allocation Table, manages the radio spectrum public domain, and processes spectrum concessions. The CNMC acts as the independent regulator with sanctioning powers, resolving disputes between operators and setting wholesale access obligations. Its decisions can be appealed before the National Court.
What are the most serious penalties the CNMC can impose in telecommunications?
Under Law 11/2022, very serious infringements are punished with fines of up to €20,000,000. Serious infringements: up to €2,000,000; minor infringements: up to €50,000. The CNMC can also impose coercive fines of up to €1,000,000 for non-compliance with final decisions. Limitation periods: 3, 2 and 1 year respectively. Decisions can be appealed before the National Court.
What authorisation does a company need to provide telecommunications services in Spain?
Law 11/2022 only requires a declaration of responsibility filed with the CNMC before starting the activity. The CNMC registers the operator with the Register of Operators. To use the radio spectrum, a concession or general authorisation from SETSI is additionally required, subject to the National Frequency Allocation Table and each band's national technical plans.
What authorisation regime applies to road transport in Spain?
Road transport is governed by the LOTT (Law 16/1987). Companies transporting passengers or goods must obtain a transport authorisation from MITMA or the competent region. International transport requires CEMT/ECMT or bilateral authorisations. The most frequent grounds for sanctioning proceedings are breaches of driving time rules, tachograph anomalies, and transport without authorisation or outside its conditions.
How is the rail network accessed in Spain, and who manages it?
The railway network of general interest is managed by ADIF. Access is governed by Law 38/2015. Railway undertakings need: a railway undertaking licence (MITMA), a safety certificate (AESF), and infrastructure capacity requested from ADIF during the annual timetable-building process. ADIF's decisions on path allocation can be appealed before the CNMC, which acts as the sector's control body.