How many times a week do you receive calls from operators offering you a TV in exchange for contracting a service? Too many, right? Daily and annoying situations like these will soon be regulated thanks to the New General Telecommunications Law. That, in addition to encouraging investment by operators, mainly focuses on improving user protection.
Today we will tell you about the main amendments proposed by this new Bill which will affect both operators and users. Let’s go!
Main amendments
Operators
A more suitable framework is created to make investments to deploy new generation networks. Thus making it possible to offer innovative services that are more technologically suited to the needs of the people.
It establishes that when the Telecommunications Market Commission imposes obligations and conditions for access to the networks. It must take into account the investment risk of the operators.
A more effective and efficient use of the radio spectrum is promoted through generalisation of the principles of technological neutrality (use of any technology) and service neutrality (provision of any service).
With regards to designating an operator to provide the universal service, a bidding mechanism is established where, until now, this mechanism was only used if several parties showed an interest after a consultation process.
Furthermore, operators that make their network available to other entities in order to produce radio broadcasts must verify, prior to the start of said broadcasts, that these entities have the corresponding licence for the radio public domain. This represents an important measure to prevent illegal radio and television broadcasts.
Users
The amendments introduced reinforce the rights of users and their protection. Thus, it is established that end users shall have the right to receive more information about the characteristics and conditions of service provision and about the quality with which said services are provided (prices, offer limitations, etc.).
Personal data is also protected more effectively. For example, data protection regulations apply to data obtained from commercial product labels by means of identification devices that use the radio spectrum (RFID). Moreover, it sets forth that additional information must be given to the user about the computer files or programs (“cookies”) that are stored on computers and other devices used to access the Internet with the purpose of facilitating web browsing.
The new regulation states that changing an operator while maintaining the number (portability) must be carried out within one business day. Likewise, it improves access to services for people with disabilities or with special social needs, stipulating that it must be in conditions equivalent to the conditions that apply to all other users.
In summary
What changes with the new General Telecommunications Law?
Companies may not call users for commercial purposes without prior consent.
What happens if a telephone operator calls me outside the established time frame?
Basically n the framework of the Consumer and User Protection Act, failure to comply with this regulation shall lead to the opening of disciplinary proceedings. It also opens up the possibility of filing a claim with the Spanish Data Protection Agency which, depending on the seriousness, recidivism, affected users, etc., could impose a penalty”.
This main rule regulates the sector of electronic communications networks and services in a uniform and comprehensive manner. Audiovisual communication services and Information Society services are excluded from this regulation.