The Comisión Nacional de los Mercados y la Competencia (CNMC) has announced an update to the procedures for regularizing irregular occupations in Telefónica's passive infrastructure, such as ducts and poles. This update aims to improve legal security, discourage repeated unauthorized occupations, reduce conflicts, and expedite incident management.

All communications regarding irregular occupation incidents will now be managed exclusively through the NEON platform, which will unify and simplify the processing of these incidents among operators. Telefónica has six months to adapt to this technical change.

Additionally, Telefónica can impose a 10% surcharge on the price for detecting irregular occupations. A more precise procedure for establishing the initial date of occupation has been introduced, requiring operators to provide evidence such as photographs, municipal licenses, or installation contracts within two months.

Once the occupation dates are verified and a regularization agreement is signed, operators must regularize their installations within two months. Telefónica can start charging operators for costs incurred from the date of occupation until the agreement is signed.

If Telefónica discovers new unauthorized occupations during or after the regularization process, it may temporarily suspend or terminate the MARCo contract, halting new shared usage requests. The obligation for Telefónica to contact end customers connected to irregular installations of unidentified operators has been removed, while affected users will retain their number for one month to exercise their portability rights.

The CNMC has also reinforced the procedures for dismantling unregularized installations and established a standard contract for the regularization of unauthorized occupations, which will be annexed to the MARCo offer.