The Spanish Supreme Court declares invalid the agreement on allocation of digital terrestrial television licenses, creating uncertainty as to the timing of the implementation of certain objectives of the "digital agenda"

1. Background The judgment in question casts uncertainty over Spain’s implementation of certain objectives set forth in the Digital Agenda – namely, the introduction of the fourth generation of mobile telephony (Long Term Evolution, “LTE”) and ensuring ultrafast mobile broadband coverage for 98% of the population, since telecom providers operating in the 800 MHz bands is a prerequisite for those objectives. In order to explain where the recent Supreme Court judgment stands in relation to the regulatory framework, a brief summary on radio spectrum regulation in Spain is required. Particularly, special attention will be paid to those bands of the spectrum known as the “digital dividend”. The basic provision that governs the telecommunication sector in Spain is Law 32/2003, of 3 November,

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  • DG COMP (Brussels)

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Carolina Luna, The Spanish Supreme Court declares invalid the agreement on allocation of digital terrestrial television licenses, creating uncertainty as to the timing of the implementation of certain objectives of the "digital agenda", 27 November 2012, e-Competitions November 2012, Art. N° 51085

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