Penalty against Microsoft for not registering in the Registry of Operators

Why have they sanctioned Microsoft?

As we now have stated, the whole lot goes again to May of final yr when the disciplinary proceedings had been opened. After totally finding out the difficulty and studying the firm’s place, we lastly have a decision. Basically, the laptop large is sanctioned for “failure to adjust to the obligation to beforehand notify the begin of the provision of digital communications providers obtainable to the normal public.”

This is said to your service “Skype to cellphone” (Skype Out) that enables making calls to phone networks, whether or not fastened or cell, however not receiving them by not utilizing assigned numbering in the National Telephone Numbering Plan (PNNT). According to the regulation, the service should be registered in the Registry of Operators with the title “phone service on information networks with interoperability with the phone service obtainable to the public.”

The offense was in impact between August 31, 2019 and May 29, 2020. Microsoft then reported the exercise. The CNMC has utilized the aforementioned 40% discount for prior cost and has modulated the penalty to 7,200 euros. Microsoft now has 2 months to file a contentious-administrative enchantment earlier than the National High Court.

What does the normal telecommunications legislation say?

The article 76 of the General Telecommunications Law 9/2014 (LGTel) signifies the circumstances in which a really critical offense could also be incurred. If we take a look at the second level of this text, we will learn the following:

Article 76.2 “Failure to adjust to the necessities for the exploitation of networks and provision of digital communications providers established in articles 6.1 and 6.2”.

This makes us need to look for the Articles 6.1 and 6.2 to learn the following:

Section 6.1. “Natural or legal persons who are nationals of a Member State of the European Union or of another nationality may operate networks and provide electronic communications services to third parties, when, in the second case, this is provided for in the international agreements that bind the Kingdom of Spain. For the rest of the natural or legal persons, the Government may authorize general or particular exceptions to the previous rule ”.

Section 6.2. “Those in the operation of a sure community or in the provision of a sure digital communications service should, previous to the begin of the exercise, beforehand notify the Registry of operators in the phrases decided by royal decree, submitting to the circumstances supplied for the train of the exercise they intend to hold out ”.