Administrative/Corporate Updates 2-2013

1. INTRODUCTION

Act 3/2013, of June 4, 2013 creating the National Markets and Competition Commission (the “Act”) was published in the Official State Gazette on June 5, 2013. The Act will enter into force the day after its publication in the Official State Gazette, that is, June 6, 2013.

The purpose of the Act is to create the National Markets and Antitrust Commission (the “Commission” or the “CNMC”), which will bring together functions relating to the correct functioning of certain markets and regulated sectors, including electronic communications and audiovisual media. As a result of the creation of the CNMC, the Act provides for the demise of certain regulatory bodies, the functions of which will be assumed by the Commission within a maximum of four months from the entry into force of the Act, including the Telecommunications Market Commission (the “CMT”) and the State Audiovisual Media Council (the “CEMA”).

For more information on the process of creating the CNMC, its organization and functioning, please see Administrative/Corporate Updates 1-2013.

Set out below are some of the new Act’s key aspects in the areas of telecommunications, electronic communications and audiovisual media.

2. FUNCTIONS OF THE COMMISSION IN THE ELECTRONIC COMMUNICATIONS MARKET

3. FUNCTIONS OF THE MINISTRY OF INDUSTRY, ENERGY AND TOURISM IN THE AREA OF TELECOMMUNICATIONS

4. FUNCTIONS OF THE COMMISSION REGARDING AUDIOVISUAL MEDIA

5. FUNCTIONS OF THE MINISTRY OF INDUSTRY, ENERGY AND TOURISM AND THE MINISTRY OF THE PRIME MINISTER’S OFFICE REGARDING AUDIOVISUAL MEDIA

6. PUNITIVE AND OTHER POWERS OF THE CNMC IN TELECOMMUNICATIONS AND AUDIOVISUAL MATTERS

7. DISBANDING OF THE STATE AUDIOVISUAL MEDIA COUNCIL AND THE TELECOMMUNICATIONS MARKET COMMISSION AND THE TRANSITION PROCESS

8. REPEAL AND AMENDMENT OF PROVISIONS ON ELECTRONIC COMMUNICATIONS AND AUDIOVISUAL MEDIA