The CNMC has sanctioned Microsoft Ireland Operations Limited (Microsoft Ireland) by the breach of the obligation to notify in advance the start of the provision of electronic communications services available to the general public. This is a very serious offense contrary to article 76.2 of the General Telecommunications Law 9/2014 (LGTel). The penalty is set at 7,200 euros, after applying a 40% reduction for prior payment and express acknowledgment of responsibility.
The service “Skype to phone” (Skype Out) allows you to make calls to the telephone networks (landline and / or mobile). But it does not allow to receive them because it does not use assigned numbering in the National Telephone Numbering Plan (PNNT).
The CNMC sanctions Microsoft Ireland for failing to notify Out in the Registry of Operators.
From a regulatory point of view, in Spain, the “Skype to phone” service is registered in the Operators Registry with the name “telephone service on data networks with interoperability with the telephone service available to the public”.
Microsoft Ireland was not listed in the Registry of Operators for the provision of the “Skype on the phone” service, but for the provision of other electronic communications services. Specifically, for the resale of nomadic voice services and voice telephony in a closed group of users.
The violation began on August 31, 2019 and ended on May 29, 2020, when Microsoft notified the activity, in accordance with the requirement formulated by this body.
The CNMC recalls that against this resolution A contentious-administrative appeal can be filed before the National High Court within a period of 2 months from the day following its notification.