Specifically, the telco worsened the times and conditions for the provision and resolution of breakdowns of the wholesale services NEBA copper and fibre without any just cause.
CNMC says that these offending behaviours developed in different periods of time throughout 2017 and 2018.
Following an investigation, it concluded that Telefónica had breached the obligation of non-discrimination imposed on it given its position as an operator with significant market power in wholesale markets.
This requires it to lend “to third parties resources equivalent to those provided to itself… under the same conditions”.
The obligation of non-discrimination imposed on Telefónica refers to both the quality of service and the delivery times and other conditions of supply, regardless of the physical location.
CNMC says that Telefónica would have provided broadband and fixed telephony services and repaired breakdowns of its own clients in better terms and conditions than those recorded for the provision and maintenance of NEBA copper and fibre wholesale services provided to alternative operators for the provision of equivalent retail services.
CNMC notes that Telefónica may file an appeal before the National Court within two months of receiving the notification of the fine.