La regulació de les telecomunicacions
Tutor / director / evaluatorRincón Rivera, David
Document typeBachelor thesis
Rights accessOpen Access
The regulation of telecommunications is intended to guarantee essential public service for all societies. And the Internet, as a significant part of telecommunications, does not escape from this need. The fight against dominant suppliers, ensuring fair competition, guaranteeing the rights of users and promoting innovation, are objectives that are sought when regulating the telecommunications sector. We wanted to study some relevant aspects, with information and facts, in order to be used in teaching. We start with the different sources of law that legislators can use to regulate a matter abstractly, according to the principle of legislative and normative hierarchy. The general rule in Spais is the General Telecommunications Law, and this document aims to make an analysis from the perspective of suppliers of Internet services. This law was amended in 2014. But operators have other obligations, as stipulated in the law of conservation of data, beyond what is strictly the business of telecommunications. They are forced to make heavy investments to store users data for a certain period of time as regulated, in order to provide judicial authorities with them if they have to use them to prevent or investigate cases of terrorism or serious crime. This obligation, that was born following the terrorist attacks of 2001, and in order to ensure safety and prevent it from happening again, has been stumbled upon the reef of the Court of Justice of the European Union. Another need that deserves its regulation, is to preserve the Internet as a neutral network where all services can reach users alike. These new regulations in most cases are under discussion, such as in the European Union, while in other parts of the world already raised legal issues, such as the United States. New regulations, which appeared recently, aimed at preserving copyrighted digital content more effectively. The crimes of digital "piracy" have been reviewed in the Spanish Penal Code, and new attitudes, that so far escaped the criminal action such as links compilation webs, are now punishable since this summer. Finally, the document takes a look at the legislative changes that are planned for the near future in the European Union. They will come by the hand of the to single digital market initiative, and this changes will affect us in the coming months.