Summary

Facts

In May 2006, Jazztel requested co-location space in Campello. Telefonica rejected this request, declaring it unfeasible, though information from the Management Sytem (SGO) indicated there was an area of 30 sq. metres to fit out an operator room (SdO). Jazztel asked Telefonica to update the database to reflect this, but Telefonica stated it was not an information error of the Management System for Operators (SGO).

Jazztel believed that Telefonica was infringing the obligations of the access offer to local loops and requested CMT to mandate Telefónica to grant the application for centrals using the 30 sq. metre space available.

Decision

CMT declared the process closed since Jazztel cancelled its request for co-location in Campello. In addition, it transferred the investigation to DT 2006/103. This process refers to the demand of France Telecom España regarding deficiencies in the implementation of the SGO.

Reasoning

CMT confirmed that the conflict arose from an error in the categorization of Campello as an unfeasible central, though an area of 30 sq. metres was available for co-location. CMT found that this error did not come from a voluntary act, but from a deficiency in the implementation of the Management System. This situation led Jazztel to withdraw its co-location request; an undesirable consequence under the competition framework fostered by the access offer to local loops.