The deregulation of Telefónica's ducts threatens the fiber competition model in Spain

For years, Spain has been presented as one of the great European success stories in digital infrastructure. This is not rhetorical talk. Our country has achieved one of the highest coverage rates for fiber optics in Europe, has attracted billions of euros in private investment, and has offered citizens and businesses high-quality connectivity at increasingly competitive prices.

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Nothing of this has happened by chance, but rather it is the result of a stable, predictable regulatory framework aimed at simultaneously fostering both investment and competition, with broad and sustained agreements over time among political parties.

That is why it is surprising that now an attempt is being made to alter one of the pillars on which that model has been built: the regulation of access to essential physical infrastructures for deploying telecommunications networks.
The proposal would involve replacing the current regulation with commitments unilaterally assumed by Telefónica, including an important review of the prices that its competitors pay to access ducts and conduits. According to the data collected in the documentation submitted to the regulator, the increase could reach 116% in five years.

But the debate, before the regulator approves—or does not approve—esa proposal should not focus solely on how much those prices can rise. The question is more substantial: what has changed in the market to justify now the modification of a model that has worked?

An infrastructure that cannot be replicated

The physical infrastructure that supports a large part of the fiber networks in Spain is not an ordinary market. It is an asset that is difficult to replicate, with characteristics specific to a natural monopoly. The reality of deployments shows that, in most cases, replicating these infrastructures is economically unfeasible or, at best, would considerably hinder the competitive capacity of alternative operators.

This has meant that, over the last 15 years, more than 80% of alternative fiber deployments have been carried out using Telefónica’s infrastructures.

Precisely for this reason, for years European and Spanish regulation have required cost-oriented access conditions that allow different operators to compete on equal terms in retail markets. The existence of the MARCo service, which sets the prices of the wholesale access service to registers, ducts, and poles, responds precisely to that reality.

It is not regulation designed in the abstract, but the result of years of experience in deploying networks in Spain. Attempts to build alternative passive infrastructures showed the enormous economic and operational difficulties of replicating a conduit network by opening new trenches, adem'as of an unnecessary waste.

The negative experience accumulated by cable and ADSL operators, led the regulator and the various governments to assume that guaranteeing access to infrastructure that is difficult to replicate was necessary so that other operators could deploy their own networks and compete.

Those who now defend the change consider that this regulation is no longer necessary, but there are important reasons to question that claim. Telefónica maintains a dominant monopolistic position in these infrastructures, and a very significant part of the alternative networks depends on its ducts, conduits, and poles. Once those networks are deployed, moving them to different infrastructures would mean having to face extraordinary costs that would exceed those incurred for the initial fiber deployments. In addition, the future European framework that we have known with the proposal of the Digital Networks Act continues to protect access to physical infrastructures with the same intensity.

To this is added a strictly economic question. According to the documentation submitted to the regulator, the MARCo service shows margins close to or above 50% in Telefónica’s financial statements, while its prices have already experienced recent increases justified by the CNMC on the basis of its cost model.

In that context, a rise of the magnitude proposed requires especially solid justification. France offers an interesting point of reference, although it is not the only one. While the tariff structures of both countries are not comparable, data from the French regulator make it possible to draw a parallel with a normalized metric that assesses the set of costs used to build the tariffs: the annual cost per kilometer of infrastructure.

Using that criterion, the equivalent unit access cost in Spain is 110% higher than that of the French market. Portugal also has lower prices and has recently notified the European Commission of a measure to reduce prices.

Competition, investment and prices

Because what is at stake does not affect only the operators’ accounts. If the cost of access to an essential infrastructure is increased substantially, alternative operators will have to dedicate more resources to paying for that infrastructure. This can reduce their capacity to invest and end up weakening the competitive pressure that has characterized the Spanish market.

And there appears the real risk for the consumer. Less competitive pressure can translate into greater pressure on the prices that households and businesses pay. It is estimated that the deregulation of the conduits would represent an additional monthly cost of €1.5 per customer for alternative operators, which very likely would pass it on to the prices of the broadband service to customers.

There is also another element that deserves attention. Spain competes internationally to attract investment. Investors value the quality of infrastructure, but also the stability of the rules of the game. Substantially modifying a regulatory framework that has driven one of the continent’s greatest digital successes sends a difficult-to-interpret signal for those who must decide where to allocate capital in the long term. Especially when it does not seem to be substantiated that a change in economic or market conditions justifies a transformation of such scope.

The same can be said regarding the signal that this regulatory change conveys to investors in other Member States. Spain is one of the main European success cases in the rollout of FTTH networks and a benchmark for other countries. In this context, a change now in the regulatory framework could send a message to the market that the rules can be modified after the investments are made and the rollout targets are reached. This would increase the perception of regulatory risk and could discourage future investments in rollout in the European Union.

A threat to the Spain brand

But only future investments are not at stake: the value of investments already made is also at stake. In recent years, major investors have allocated capital to Spanish telecommunications operators and infrastructure, making their decisions under certain access rules to an essential infrastructure. It is important to remember here that considerable amounts of money have been handled to support the scale of the fiber rollouts to be undertaken.

An unjustified alteration of the rules under which the investment was made can end up affecting something that goes beyond the telecommunications market: the perception of Spain as a stable and predictable market in which to invest.

It is also revealing that Europe is not moving in that direction. Regulation of access to physical infrastructures continues to be regarded as a fundamental tool for ensuring effective competition when there is significant market power. The very European regulatory references continue to insist on the need to preserve cost-oriented access mechanisms for this type of essential assets.

Spain does not need to change a model that has worked without weighty reasons to do so. For years, this framework has promoted investment, competition, and the rollout of networks that today place our country among the European benchmarks in fiber.

Of course, regulation must evolve when market conditions change and the failures it is designed to correct disappear. Precisely for that reason, a change like the one now being proposed needs solid economic, regulatory, and competitive arguments. And those arguments, for the moment, do not appear. Without them, it is difficult to justify a decision that may end up weakening fundamental competitive safeguards that have contributed to the success of the Spanish fiber rollout model.

More key points, information and questions with FREN

AI-GENERATED CONTENT

At what parliamentary stage is the proposal to deregulate access to Telefónica's infrastructures, and what are the next steps for its possible approval?

The proposal to deregulate access to Telefónica's physical infrastructures is not at a parliamentary stage: it is processed before the National Commission on Markets and Competition (CNMC), not through a law in the Congress or the Senate. As of November 5, 2026, the information consulted places the decision pending with the regulator, after a second offer of commitments from Telefónica was submitted for consultation.

Current status

The procedure affects wholesale access to ducts, conduits, poles, and exchanges that other operators use to deploy their networks. The proposal aims to replace the current regulated regime with commitments offered by Telefónica, whose acceptance corresponds to the CNMC. Therefore, it is not appropriate to expect a debate on amendments, a parliamentary vote, or a referral to the Senate.

The main known milestones are:

  • February 21, 2025: Telefónica submitted its first offer of commitments, which led to a first market test to receive observations from the sector.
  • June 15, 2026: it submitted a second version, with changes in prices and access conditions.
  • June 30, 2026: a new consultation on that second offer was announced, with a one-month period from the day after its publication in the Official State Gazette (BOE). The official announcement can be consulted.
  • August 12, 2026: AOTEC published its allegations to the commitments, confirming that sector participation had already advanced beyond the opening of the consultation.

It would not be correct to describe that period as still open now. The information published by Demócrata on November 5 continues to present the acceptance or rejection of the proposal as a decision pending with the regulator; no definitive resolution is recorded in the sources consulted.

What remains for possible approval

According to the explanation of the procedure collected by Demócrata about the second consultation, the next steps are:

  • Evaluate the allegations. The CNMC must assess whether the commitments offer sufficient guarantees for competitors' access. Opening the consultation does not mean that the body shares or endorses the proposal.
  • Decide among three paths. It can make the commitments binding, totally or partially; communicate preliminary conclusions to Telefónica for revision; or reject them and continue the ordinary processing of the file.
  • Specify the applicable conditions. Any acceptance must determine which commitments are mandatory, for how long, and how they affect existing access obligations. When applicable under the European framework, it must coordinate with European supervisory mechanisms.
What it would imply and the existing timeline

The second offer proposes commitments for five years, extendable by one more. It includes an initial 30% increase in the recurring MARCo fees — the offer regulating access to physical infrastructure — and subsequent increases. Non-recurring fees would remain unchanged. These are proposed conditions, not prices approved merely by having been consulted.

It is advisable to separate this file from the deregulation of certain wholesale broadband services, agreed in 2025: that decision does not equate to having eliminated obligations on ducts and poles. It should also not be confused with the European debate on the Digital Networks Act.

No firm approval date is recorded. The decisive milestone will be the CNMC's resolution, not a parliamentary vote. Until a definitive decision modifies the applicable regime, Telefónica's proposal does not by itself replace the existing obligations.

What are the competencies and functions of the National Commission on Markets and Competition (CNMC) regarding telecommunications regulation in Spain?

The National Commission on Markets and Competition (CNMC) is the independent regulator that oversees the competitive functioning of telecommunications markets in Spain. Its main task is to ensure that operators can compete and access networks under appropriate conditions, benefiting users. It does not concentrate all sector competencies: general telecommunications policy and spectrum management mainly correspond to the Government and the competent ministry.

Legal framework and objectives

Its powers are mainly based on Law 3/2013, establishing the CNMC, especially its article 6, and on Law 11/2022, General Telecommunications Law. This framework incorporates European electronic communications regulation. Its actions must promote sustainable competition, efficient investment, innovation, and deployment of very high capacity networks, protecting users' interests. The Commission explains this scope in its sector information.

Main competencies and functions

  • Market analysis. Defines relevant markets, examines their competitive conditions, and identifies operators with significant market power, i.e., capable of acting independently of competitors. Determines if preventive regulation is needed and reviews, modifies, or withdraws obligations when competition changes.
  • Impose regulatory obligations. Can require operators with such power to provide access to networks and infrastructures, transparency, non-discrimination, accounting separation, and, when appropriate, price control or cost orientation. It also supervises reference offers, which specify the technical and economic conditions of wholesale services offered to other operators.
  • Guarantee access and interconnection. Intervenes on conditions allowing the use of third-party networks and connecting networks with each other. Seeks to ensure interoperability: that users can communicate even if they contract with different companies. Its intervention can affect prices, technical conditions, deadlines, and shared use of infrastructures.
  • Resolve disputes between operators. Decides controversies about access, interconnection, and other sector obligations. For example, its guidelines on non-payments seek to reconcile operators' interests with service continuity and provider switching. This administrative function is distinct from institutional arbitration, to which companies can submit certain disputes.
  • Numbering and portability. Exercises functions of assignment and supervision of numbering resources according to national plans, ensuring their efficient and non-discriminatory use. Also intervenes in portability issues, which allow keeping the number when changing operators.
  • Universal service. Determines its net cost and contributions from obligated operators to finance it. Additionally, supervises economic aspects, prices, and affordability. This function should not be confused with the general definition of the service or the designation of its provider. The institutional distribution is set out in the sector competencies published by the ministry.
  • Competition defense and advisory. Pursues anti-competitive conduct and examines business concentrations within its powers. Also issues reports and consultations on rules and public measures, and exercises supervisory and sanctioning powers in the matters attributed to it.

Limits of its intervention

The CNMC does not generally administer the radio spectrum nor organize the main frequency auctions, although it can report on their competitive effects. It also does not generally set all commercial tariffs: its price control is linked to applicable regulatory obligations. In summary, it mainly acts on the competitive structure of the market and relations between operators, not as the sole authority for all telecommunications activity.

What requirements does Spanish and European legislation establish to modify the regulation of access to essential telecommunications infrastructures?

Modifying the regulation of access to essential telecommunications infrastructures requires legal competence, economic justification, and guarantees of participation and control. The owner's proposal alone is not enough: the competent authority must demonstrate that the change is necessary and proportionate. It is necessary to distinguish obligations imposed on operators with significant market power from the general right of access to physical infrastructures.

1. Legal framework and competent authority

The main references are Law 11/2022, General Telecommunications Law, especially articles 14 to 19, and Directive (EU) 2018/1972, which establishes the European Electronic Communications Code. It corresponds to the CNMC to define and analyze markets and decide on specific obligations. Article 18.8 enables the Government to identify by royal decree the obligations to be imposed and determine their conditions, but such development must respect the law and European law.

2. Material justification of the change

Article 14.8 requires obligations to be objective, transparent, proportionate, and non-discriminatory. Article 18 obliges choosing the least intrusive intervention that solves the identified problem and maintaining it only for the necessary time. The assessment must consider:

  • The technical and economic viability of alternative infrastructures and available capacity.
  • Investments made, their public financing, and risks assumed.
  • Sustainable competition, innovation, technological neutrality, and benefit for users.
  • Whether other wholesale, commercial, or regulated offers allow solving the problem without imposing additional burdens.

Therefore, a tariff increase, flexibilization, or withdrawal of obligations requires specific motivation. Cost orientation is not an identical requirement for any access: it depends on applicable obligations and the justification for price control.

3. Market analysis and procedure

To review obligations linked to significant market power, the CNMC must delimit the product and geographic scope, evaluate competition, and justify imposition, modification, or removal. Article 15 requires considering European recommendations and guidelines, positions of BEREC — the body that brings together European regulators — and legally provided national reports.

The procedure includes public consultation, motivation, publication, and the European notification mechanisms applicable before the European Commission and BEREC. Not every modification requires redoing the entire analysis: article 18.6 allows reviewing obligations upon competitive changes that do not justify a new full analysis, subject to European notification. The decision must be subject to judicial appeal.

4. Operator commitments and physical infrastructure

Article 19 allows offering access or co-investment commitments, but they do not automatically replace regulation. They must specify scope, schedule, and duration; their evaluation requires, except in manifest non-compliance with criteria, a market test through public consultation. The CNMC must assess their sufficiency and grant them binding character when appropriate.

Additionally, Regulation (EU) 2024/1309, on Gigabit Infrastructure, directly applicable generally since November 12, 2025, establishes general physical access obligations. As explained by the CNMC about the Gigabit Regulation, it reduces response time to requests to one month and requires motivation of denials. This regime should not be confused with specific obligations due to market power.

The distinction has practical consequences: the resolution published in August 2025 withdrew broadband obligations but preserved access to physical infrastructure until completing its specific review. Deregulating a service does not automatically eliminate access to ducts and poles.

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Test your knowledge with FREN!

How much do you know about this topic? Answer the following 3 questions.

What percentage of alternative fiber deployments in the last 15 years has been carried out on Telefónica infrastructures?

Question 1 of 3

What margin does the MARCo service present in Telefónica's financial accounts according to the documentation submitted to the regulator?

Question 2 of 3

What estimated monthly impact would the deregulation of ducts have on the cost paid by alternative operators per customer?

Question 3 of 3