As an alternative operator Can I offer VoIP services in direct interconnection with Telefónica?

According to the Resolution of the Spanish Telecommunications Regulator ("CMT") dated 12 December 2008 concerning the analysis of the market for call’s origination from a fixed location -fixed telephony- (market 2 the European Commission Recommendation), the CMT decided to impose to Telefónica de España, SAU ("TESAU”) the obligation to provide new entrant operators with a wholesale alternative service under voice over IP technology at cost-oriented prices.

In this resolution, by which the CMT settles the study on the situation for the market of the origination of calls from fixed locations, the CMT believes that the origination of calls using IP technology should be considered within the scope of the study (in view also of the future networks NGN, which traffic will be managed under the IP protocol). Thus, within the scope of the measures imposed to the operator with significant market power (TESAU) in that market, the CMT establishes that TESAU must:

"C. Give third operators access to specific resources and elements of its network to provide a traffic service based on IP telephony with speeds rated in descending and ascending channels and delay warranties, delay variation, packet loss and error rating required for the provision of IP telephony services.

d. Meet reasonable requests for interconnection based on IP technology. "

Under these measures TESAU will be obliged to attend all reasonable requests for interconnection under IP protocol received from third operators as well as enable and provide those necessary resources within its network to route and convey IP traffic in interconnection with such third operators. As a consequence of that, these obligations will allow alternative operators to provide their end users an IP telephony service using TESAU’s wholesale services. Before this CMT Resolution, it was possible to request TESAU a specific service for packet switching (which included bandwidth and voice services) but from this Resolution it will be possible to request solely the wholesale service for VoIP. The technical issues for such wholesale services as well as the different scenarios to conduct the IP interconnection are analyzed by the CMT in its Resolution, establishing the technical issues relevant for each type of IP interconnection.