What advantages does arbitration have over the CNMC's conflict resolution process or over court proceedings?
Through the conflict resolution process described in Article 12 of Ley 3/2013, the CNMC provides a public function that allows it to decide certain matters as expressly provided for in the law. It is not necessary to have the consent of all the parties involved, but it is enough for one of them to initiate this process so that the CNMC, if the necessary requirements are met, can start the procedure. When resolving disputes, the CNMC will not only decide on those issues related to the dispute, but also on those other connected issues likely to affect competition or the proper functioning of certain sectors of economic activity.
In contrast, the arbitration function is a function of private law in which the CNMC can settle only those disputes submitted voluntarily by the parties and that previously, had they been filed, could not have been resolved through a dispute procedure.
In contrast to court proceedings, the resolution of disputes through arbitration provides a level playing field for the parties in a neutral and independent process. The arbitration will decide only on those matters submitted to its decision by the parties and will decide both in equity and in law. It also offers the possibility for the parties to adapt the arbitration in terms of deadlines and procedures specific to the case, and it guarantees confidentiality with respect to the very existence of the arbitration, the disclosures made during the arbitration proceedings and the award.
Therefore, compared to a court of law, arbitration is more dynamic, rapid, flexible and cost-effective.
How long does an arbitration procedure administered by the CNMC normally last?
In this Commission, each arbitration procedure is dealt with individually. Each case has its own complexity and pace, so it is difficult to specify a standard duration. The arbitrators have 6 months to issue a ruling after the claim is argued. On average, arbitrations usually last about 7-8 months.
Will the arbitral awards decided by the CNMC be made public?
Arbitral awards are not public.
Is the administrative review of tax charges free?
The administrative review of tax charges dictated by the CNMC does not entail any cost for the interested parties.
Is the suspension of the contested tax act automatic after requesting it?
The automatic suspension is an exception to the general principle of the enforceability of administrative acts and only occurs in the following cases:
- Challenging sanctions until the administrative procedure is ended without the need to provide guarantees.
- Arithmetic, material or factual error, by providing documentation that proves it, without the need to provide guarantees.
- When the suspension is requested by providing guarantees that cover the amount of the action, interest for the delay generated by the suspension and surcharges that would arise if the guarantee were activated, under the terms provided in Article 224.2 of Ley 58/2003 and Article 25 of Real Decreto 520/2005.
Where should you write if you have questions or queries about the Electronic Office?
If you have any questions or technical queries related to the electronic office or any of your electronic procedures, you can write to the support firstname.lastname@example.org.
For any other inquiry or request for information, you can use the procedure of Submission of requests, documents and communications.
Is the administrative review of administrative actions free?
The administrative review of the actions dictated by the CNMC does not entail any cost for the interested parties.
Is the arbitration of the CNMC public and free?
The arbitration function assigned to this Commission is not public.
Unlike other arbitrations, the arbitration proceedings that are processed by the CNMC do not entail costs to the parties for the right to enter into and administer the arbitration. Similarly, the issuance of arbitration awards by the CNMC Council also does not entail any cost in terms of the fees of the arbitrators.
How is the deadline for filing a claim calculated?
If the claim is for physical or psychological damage, the term is computed starting from the time the scope of the effects is determined. If the claim is motivated by an administrative or contentious-administrative annulment of an act or ruling issued by this Commission, the period shall lapse one year after the notification of the administrative decision or annulling judgement.
In addition to completing the arbitration request form provided, is it necessary to furnish the arbitration agreement?
Not necessarily. Normally, the willingness of the parties to submit to arbitration depends on a previously signed arbitration agreement. But there is also the possibility that the parties to the dispute agree to submit to arbitration, even after one of them has requested it.
Is it essential to provide the additional documentation?
Yes. It is important to provide as many documents, evidence and other information as possible to prove the existence of damage, injury or harmful effects, their causal link to the action of this Commission and that allows for an assessment of any financial responsibility. If the application does not meet any of the requirements laid out in articles 66 and 67 of Ley 39/2015, the applicant will be required to correct or improve its application within a period of 10 days; failing that, the applicant's request will be deemed to be withdrawn.
Help - Frequently Asked Questions
Help - Frequently Asked Questions
Where should I go if I have questions about SICBIOS?
If you have any questions about this procedure or the information system for biofuels certification (SICBIOS), you can send an email to email@example.com.
Where should I go if I have questions about financing the discounted rate?
If you have any questions about the procedure for financing the discounted rate - Circular 3/2015, you can send an email to firstname.lastname@example.org.
Where should I go if I have questions about electricity distributors?
If you have any questions about electricity distributors or this procedure, you can send an email to email@example.com.
Where should I go if I have questions about the meter replacement plan?
If you have any questions about the meter replacement plan, you can send an email to firstname.lastname@example.org.
Help - Frequently Asked Questions
How do I receive my invoice for the General Operator Fee or the Numbering Fee?
If you have provided your information for notification purposes to the CNMC, you will be sent an SMS or a notification email informing you to go into our Electronic Office and download the notification. If you have not yet provided your data, use the following procedure: https://sede.cnmc.gob.es/tramites/general/comunicacion-datos-notificaciones
No notifications are made by mail since the entry into force of Ley 39/2015 de Procedimiento Administrativo Común de las Administraciones Públicas.
Who has to report the start of an activity?
Individuals (physical or legal) who intend to operate public networks and provide electronic communications services to third parties. Remember to make the notification before the start of the activity.
How can I know if the CNMC has issued me any notices?
The CNMC is required to notify the interested parties electronically of any procedure, so it would be highly advisable that you provide your contact data for notification purposes so it can be entered into the CNMC's electronic notification system.
For more information, see the following link: https://sede.cnmc.gob.es/tramites/general/comunicacion-datos-notificaciones
What options do I have to pay the invoice I have just received?
You must make a transfer for the amount of the invoice to the account number indicated on the invoice itself, or deposit the payment at the teller window of the financial entity shown on the form.
If convenient, you can send us, through our Electronic Office, one of the pages of the invoice along with a bank receipt for said transfer. In the case of online transfers, you must attach the receipt issued by your bank's payment platform.
Does registering as an operator cost anything?
No. The registration is free of charge.
I have completed my statement but I have not received form T-6, the payment letter for the General Operators' Fee
Once you have submitted the Annual Statement, the CNMC will make the corresponding T-6 form available to you through the Electronic Office. If you are registered, you will be notified through the option provided.
Why am I being charged for 10,000 numbers if I only have one assigned, a 5-digit code? (For example, 93800)
The Ley General de Telecomunicaciones specifies that the numbering assignment is made in complete 9-digit numbers. Thus, when you are assigned the number 93800, for example, you are assigned the numbers from 93800-0000 to 93800-9999, meaning 10,000 numbers are assigned.
Do you have to pay a fee by virtue of being an operator?
Yes. According to Annex I of the LGTel (General Telecommunications Law), every operator is required to pay to the national government and its public agencies an annual fee not to exceed one-thousandth of its gross operating income, and the amount of which is set each year.
The CNMC has not asked me to file the Gross Operating Income Statement. Should I wait until I'm required to file it?
The Ley General de Telecomunicaciones requires all Operators to report their Gross Operating Income annually, whether or not they are prompted to do so by the CNMC. Failure to comply with this obligation will result in a formal notice being issued for you to file the corresponding statement.
How is the Numbering Fee calculated?
The Ley General de Telecomunicaciones establishes the price per number (€ 0.04 per number) and the General State Budget is updated annually (fixed rate amounts). Additionally, Annex I of the Law specifies a coefficient (from 1 to 30) to apply for each type of numbering assigned. Finally, the amount of numbers liquidated must be taken into account. For example, for the number 11800, the fee would consist of:
- Year: 2017
- Number Type: Premium SMS
- Number: 11800
- Amount of Numbers: 10,000
- Coefficient: 30
- Price per Number: €0.04
- Price Update: 1 percent
Price Rate 11800 = 10,000 * 30 * €0.0404 = €12,120
How can an operator certify its status?
In accordance with Article 8 of the Electronic Communications Services Regulation, registration certificates will be the only means of credibly verifying the content of registration entries.
The issuance of registration certificates at the request of a party will result in the collection of the relevant fees (see corresponding form).
How long do I have to submit the annual Income Statement?
At present, there is no legally set deadline to complete this process. Once the Operator has sufficient accounting data, it must comply with its obligation to report this figure.
The cost of the Numbering Fee that I received is not what I expected
Keep in mind that the Numbering Fee accrues on the first day of each year and is paid in advance. If the numbering is cancelled before the invoice is issued, you will be sent a prorated fee based on the amount of the numbering assignment.
What happens if the continuity of the activity is not reported every three years?
This is an essential aspect to take into account; in fact, this requirement is reported on each Resolution of activity registration. You can also check the date of the initial notification on the CNMC website.
The CNMC will initiate ex officio an administrative procedure to determine if the operator has stopped providing the activities reported in the Registry of Operators. This procedure will be communicated to the interested parties so they can confirm their intention to continue providing said services.
Once the enquiry into the aforementioned procedure is complete, the operator’s status will be voided and its registration in the Registry of Operators will be deleted. Any public numbering resources that may have been assigned to it will also be cancelled.
If the Operator does not receive any income or does not perform the activity recorded in the Registry of Operators, does it still have to file an Income Statement annually?
Yes, a zero income must likewise be reported.
Do I have the right to request a refund for cancelling the numbering during the year?
Yes, you can request the refund of sums unduly paid for the part of your assigned numbering that you will not be able to use.
Where should I go if I have questions about providing and updating subscriber data?
Access to frequently asked questions on providing and updating subscriber data in the SGDA.
Do forms have to be signed?
Yes. In accordance with article 11 of the LPAC, a signature is mandatory to:
- File applications
- Submit statements or communications
- Lodge appeals
- Withdraw from a process
- Waive rights
The Electronic Registry form requires a case number, but I don't have it or I don't know it
Enter zero. The system will let you proceed to the remaining fields.
Why is the contact information requested in the Electronic Registry form important?
It will be used if your entry in the Registry is erroneous, incomplete or inconsistent. The data you provide there will not be entered into any file for any purpose other than that indicated.
Who has to contribute to the maintenance costs of the Reference Entities for fixed or mobile portability?
Operators providing the fixed telephone service available to the public, the mobile telephone service, the full virtual mobile operator service and the virtual mobile operator service, must ensure that subscribers with numbers in the national telephone numbering plan can keep, upon request, the numbers that have been assigned to them, regardless of the operator that provides the service, and in accordance with the instances specified in Royal Decree 2296/2004, of 10 December,por el que se aprueba el Reglamento sobre mercados de comunicaciones electrónicas, acceso a las redes y numeración (Reglamento MAN) y su normativa de desarrollo. They must also defray the costs of updating the network components and systems necessary for the portability process.
In this regard, in accordance with section Five of Circular 1/2008, of 19 June, on preserving numbers and migrating telephone numbers, operators that must use the Reference Entity (centralised system that acts as an intermediary to facilitate portability and that is operated by the Asociación de Operadores para la Portabilidad (AOP) for fixed portability, and the Asociación de Operadores para la Portabilidad Móvil (AOPM) for mobile portability), so as to manage the portability processes as per the requirements contained in said instruction, have the obligation to share the costs for setting up said Entity and for its correct operation and administrative management.
Where can I find a list of processing errors for SGDA files?
Access to the list of file processing errors reported by the operators in SGDA.
Do procedures have to be done through the electronic office?
In accordance with Article 14.2 of the LPAC, the following subjects, at least, are required to interact electronically with public agencies to carry out any procedure of an administrative nature:
- Legal entities
- Entities with no legal personality
- Anyone engaged in a professional activity requiring a licence, for those procedures and actions carried out with public agencies in the exercise of said professional activity
Individuals do not have this obligation, although public agencies may establish the obligation to interact with them through electronic means for certain procedures and for certain groups of individuals who, due to their economic or technical capacity, profession or other reasons, are known to have access to the necessary electronic means. So far, the CNMC has not established this obligation for individuals or groups.
How can I submit my Income Statement?
Go into the Electronic Office of the CNMC, the Telecommunications Fee Management procedure (Ley 9/2014) (https://sede.cnmc.gob.es/tramites/telecomunicaciones/tasas-de-telecomunicaciones), and in the form that shows up in Go to the Procedure, you will have to record the income obtained for the year you wish to report. The system will issue a receipt once you satisfy your obligation to present said statement to the CNMC.
How can I access the incident management tool for SGDA agents?
Utility for operators and entities authorised in the system: https://tickets.cnmc.es
How can I send documentation if I don't have authentic electronic copies to prove the registration data?
In accordance with Article 16.4 of the LPAC, the documents that interested parties send to public agencies may be submitted:
- In the electronic registry of the agency or organisation to which they are addressed, as well as in the remaining electronic registries of any of the subjects referred to in Article 2.1
- At post offices, in the manner established by law
- In diplomatic representations or consular offices of Spain abroad
- At registration assistance offices
- In any other location specified by law
Where should I go if I have questions about the SOCRATES application or how to generate the requested PDF document?
If you have any questions related to the use of the SOCRATES application or how to generate the PDF that is requested in order to complete the information request, you can send an email to email@example.com
Help - Frequently Asked Questions