Telefonica said that the public authorities need to justify the restrictive and discriminatory measures and prove they pursue a legitimate objective that does not go beyond what is necessary or that less restrictive alternatives are available. In addition, Telefonica opposes the obligations for spectrum winners to provide national roaming and wholesale offers to a new player for a period of twelve years.
Telefonica announced the lawsuit the same day that applications to participate in the auction were due. The CTU held extensive consultations on the proposed auction conditions in the past six months, in which Telefonica also voiced its opposition. The auction is expected to take place before the end of the year, but could now be suspended pending the outcome of the lawsuit. An attempt to license the frequencies last year was halted after bid prices went too high.
