Spain - The CNMC proposes to lift the caps of radio spectrum frequencies, subject to sharing rules The Spanish National Market and Competition Commission (CNMC) recently approved a Report proposing the lifting of the caps on the amount of frequencies that telecommunications operators have at their disposal. The removal of the spectrum caps would nevertheless be subject to the condition that the operators give their competitors wholesale access to the extra frequencies. The Spanish Government established certain limits by which operators are prohibited from assigning more than 185 megahertz of the spectrum, as the latter was considered as a scarce resource and essential for the provision of mobile telephone services. While the CNMC understands that lifting the frequency caps will produce relevant benefits for operators that are currently constrained in their ability to acquire new radio spectrum, it also acknowledges that the possibility of hoarding spectrum frequencies could aggravate the current competitive market conditions. As such, the CNMC considers as appropriate the lifting of the current caps of the spectrum, subject to the obligation of operators to provide wholesale access to competitors under reasonable conditions. For more information, please contact Raul Rubio, Patricia Perez, Rosario Alvarez, Ignacio Vela, Alvaro Ubeda or Cristina Monereo.