He deployment of wiring on the facades It has always been a topic of discussion. Either among the citizens who see how the operators install fiber in their buildings or the municipalities themselves with the telephone companies. However, the Supreme Court sets a precedent with which it makes it clear that the operators must pay the municipalities for the rates of use of the land, subsoil and flight of the telephone lines. But, does it affect all of Spain?
Installing fiber in certain buildings has not been easy, especially in those municipalities with historic centers where it is not allowed. One of the points that generated the most doubts was whether the operators had to pay for wiring the facades of the buildings. Well, the Supreme Court resolves that the telephone companies must pay. At least to Altea Town Hall, however, this sentence leaves a precedent In the Valencian community.
Deployment of wiring in facades
To give this Supreme Court ruling a bit of context, we must go back to the year 2020, when the City Council of Altea, a town in Alicante, came into conflict with Orange over the payment of fees by the use of the soil, subsoil and flight of telephone lines.
After several years of fighting in the Spanish courts, the high court rules in favor of this council. Said ruling stipulates that the operator must pay 1.5% of gross receipts for using the soil, subsoil and height of Altea, that is, about 395,000 euros each year. Basically, from the beginning, this council demanded payment for installing wiring because it has a municipal ordinance that regulates the use of land, subsoil and overhang of public roads.
At first, the Contentious Court of Alicante resolved in favor of the French telephone company not to pay. Subsequently, the Altea City Council appealed to the Superior Court of Justice of the Valencia Community. Instead, the well-known operator also emerged as the winner. Finally, the legal services of the city council decided to file a cassation appeal before the Supreme Court. And finally, the high court agreed with Altea.
This marks a before and after
The announcement of this victory was made by Xelo González, Councilor for Finance of the city council. But most important of all are the consequences that leaves this judgment of the Supreme Court. With this resolution in favor of the Altea City Council, it is stipulated that telephone operators, whether or not they are owners, must pay 1.5% of billing income per year.
Therefore, this sentence forces the Courts and the Superior Court of Justice of Valencia to change their minds when dealing with this issue, as the councilor has made clear: ‘Sets a precedent for the Valencian Community‘. That is why the Valencian municipalities with this type of municipal ordinances in which the use of the land, subsoil and flight of public roads to deploy telephone lines are regulated, could come to accept this ruling of the high court. Although, for the moment, this ruling only obliges Orange to pay that amount of its gross income annually.