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The Digital Agenda for Spain, approved on February 12, 2013, includes among its actions, the development of an improvement plan for the attention of users. In this line of action, one of the measures included is to "Review the regulation of additional charging services to introduce greater guarantees for users at the time of the recruitment of subscriptions".

Article 19.4 of Law 9/2014, of 9 May, of the General Law of Telecommunications establishes that it is up to the Ministry of Industry, Energy and Tourism to draw up proposals for national plans for its elevation to the Government, and the normative development of these plans that may establish conditions associated with the use of the public resources of numbering, addressing and naming, in particular the designation of the service for which they will be used these resources, including any requirements related to the supply of such service.

This rating is due to the authorisation provided for in Directive 2002/20/EC on the authorisation of electronic communications networks and services, the Annex of which, in paragraph C. 1, provides that, among the conditions associated with the use of electronic communications the numbering may be set for the designation of the service for which the number is to be used, including any requirements relating to the supply of that service and the fixing of maximum prices which can be applied in a specific range of numbers, for the purpose of ensuring the protection of consumers.

Therefore, the normative development of national numbering, routing and naming plans is not limited to a mere attribution of different numbering ranges for different electronic communications services, It also has the legal order to determine the conditions associated with the use of the public resources for numbering, routing and naming.

In this sense, a first step, has been the modification, by Order IET/11/196/2015, of 18 June, of Order ITC/30 8/2008, of January 31, for which instructions on the use of public resources of numbering for the provision of short text message services and multimedia messages, in order to update the guarantee of informed and consensual access to the additional charging services in a mass-use environment of devices and applications associated with electronic communications.

Based on the same fundamentals, and with the aspiration to extend its principles to the rest of the numerations through which the additional charging services are provided, this order is to be established. basic conditions for access to the additional charging services provided through telephone calls.

To this end the order updates and systematizes the attribution of numbering and the modalities of services to be provided through the same. It also plans the price bands applicable to the numbering segments set, and establishes as conditions for informed and consensual access, the information locution prior to the call and the direct dialing of the numbering. It finally establishes the legal reaction for the case of contravention of the provisions of the law.

Additionally, transparency is reinforced in the numbering calls attributed to the delivery of the calling user payment service without pay for the call (code "902"), including new obligations on price transparency and billing.

In the course of this provision, the Advisory Council for Telecommunications and the Information Society has been heard, and the project has been reported by the National Commission on Markets and Competition.

This order is issued under the exclusive competence of the State in the field of telecommunications recognized in Article 149.1.21. of the Constitution.

In its virtue, I have:

CHAPTER I

General provisions

Article 1. Object.

The object of this order is the attribution of the numbering ranges to be used for the provision of additional charging services provided through telephone calls. The conditions attached to that allocation, the criteria for the management and control of numbering for the provision of those services, and the scheme applicable to them are also laid down.

Article 2. Additional charging services provided through phone calls.

1. For the purposes of this order, additional charging services are considered to be provided through telephone calls for services which are provided on electronic communications networks or services and which involve payment by users, of immediate or deferred form of remuneration added to the price of the telephone service on which it is supported, as remuneration for the provision of some information, entertainment or other services. Within these are the additional general charging services and those based on the receipt of mass calls.

2. They shall have the consideration of general additional charging services for those which are provided, through the numbering ranges defined in this order, by making telephone calls and which do not constitute call services. mass.

3. The mass call service provides the means necessary to enable its providers to receive a high number of total or partial calls in time, on the occasion of the dissemination of an event in which the call is invited. audience to participate by making phone calls to attend in a given period of time, usually the duration of the event.

Article 3. Definitions.

For the purposes of this order it is understood by:

(a) "Access Operator": The operator providing the user with a call for access to the network or available telephone service to the public on which the additional charging service is provided, and which is responsible for the billing and charging of services to the caller.

b) "Additional charging network service operator": The operator who is assigned the public numbering resources belonging to ranges attributed to the additional charging services and supplies numbers of this the type of the additional charging service provider.

(c) "Additional charging service provider" means the natural or legal person receiving remuneration for providing information, communication or other services by means of charging numbering resources additional supplied by an operator of the additional charging network service.

Article 4. Provisions common to additional charging charging services for time.

All additional charging services included in the scope of this order that will be billed for time will apply the following rules:

(a) The additional charging services will be provided by making voice phone calls and the interlocution between the caller and the called destination. Services which do not comply with this requirement, in particular those used as a means of payment for the provision of Information Society services or the like, may not be invoiced for time.

(b) The prices included in this order are expressed in euro, and relate to the net value per minute, before taxes, excluding the part corresponding to the establishment of the call, and of application in the tranches schedules in which they have a higher level. Prices include both the component that corresponds to the electronic communications service and the one referred to the additional charging service.

(c) Additional charging service providers will be responsible for applying the technical and human resources necessary to eliminate any unnecessary waiting time for the user, and should effectively provide the service immediately after the initial locution provided for in Chapter V of this order. It will not be possible to delay the start of the service or extend the duration of the call in an unreasonable manner, or to keep the user waiting without actually providing the service.

d) The maximum duration of a call to an additional voice charging service shall be 30 minutes, with the additional charging service provider responsible for automatically cutting off the communication at the end of the call. this time period.

e) The part of the price that will pay the additional charging service provider will be invoiced exclusively on the basis of the elapsed time, without an initial fee for access to the service being applicable.

Article 5. Provisions common to additional billing charging services per call.

All of the additional charging services included in the scope of this order that invoice by call will apply to them the following rules:

(a) The prices that are included in this order are expressed in euro, and refer to the net worth per call, before tax, of application in the schedules in which they have a higher level. These prices will include, if you have, the call setting cost, so in no case the total price of the call may exceed the maximum set for each range.

(b) Additional charging service providers may not require two or more calls to complete a particular service.

CHAPTER II

Numbering Ranges

Section 1 Additional General Charging Services

Article 6. Allocation of numbering for the provision of general additional charging services.

1. For the provision of general additional charging services only the numbering ranges attributed in this order shall be used, without prejudice to those which may be enabled in accordance with the provisions of the rules on the allocation of public numbering resources.

2. Codes 803, 806 and 807, which coincide with the first three figures of the national number NXYABMCDU, are attributed to the general additional charging services in the modalities referred to in Article 7.

Article 7. Modalities of general charging

of general

1. The general additional charging services provided by the use of the numbering range attributed in Article 6 are classified in the following ways, depending on the basic content provided for providers of additional charging services:

Numbers

Service
803 A BM CDU	Adult-only services
806 A BM CDU	Leisure and entertainment services.
807 A BM CDU	Services professionals.

2. The range 803 will provide services to the elderly public, such as the erotic, pornographic, gambling or contact services

3. The range 806 will provide services for leisure and entertainment, including esoteric, astrological, divination, cartomancy or prediction of the future.

4. Services related to professional, business, information or artistic activities will be provided through the 807 range.

5. Additional charging service providers shall respect the use of numbering within the modalities provided for in this Article.

Article 8. Numbering plan of the general additional charging services.

1. In order to provide the user with an indication of the price of their calls, the following numbering segments determined by the value of the figure "A" are set, depending on the price bands to be applied use within the range attributed in Article 6:

NXY

803	806		807
A	Access from fixed networks		Access from networks mobile
0.1	P ≤ 0.35 €		P ≤ 0.65 €
2.3	0.35 € < P ≤ 0.75 €		0.65 < P ≤ 1.05 €
4.5	0.75 < P ≤ 1 €		1,05 € < P ≤ 1.30 €
6.7	1 € < P ≤ 1.65 €		1.30 < P ≤ 1.95 €
8	1.65 < P ≤ 3.15 €		1.95 < P ≤ 3.45 €
9	P > 3.15 €		P > 3.45 €

2. The numbering segments defined in this table will be used by the access operators to identify services whose price (P) to charge the caller from the public telephone networks is understood on the margins that in it specify.

3. The price (P) may be invoiced for time, being the price indicated in the table above the price per minute, or per call, in which case it is understood as referring to the total cost of the call. Depending on the time-to-call or call-in-charge, Articles 4 and 5 of this order shall be applicable, respectively.

4. Access operators will not be able to invoice above the prices set out in this article.

Section 2. Additional charging services based on receipt of mass calls

Article 9. Numbering attribution for the provision of additional charging services based on receipt of mass calls

The range 905, coincident with the first three figures of the national number NXYABMCDU, is attributed to the additional charging services based on the receipt of mass calls, in the modalities that are related in the Article 10, without prejudice to the ranges which may be provided for in accordance with the rules on the allocation of public numbering resources.

Article 10. Modalities of additional charging services based on receipt of mass calls

1. It is called "Televoto" to the automated computer services of calls received, without any communication between the caller and the called destination, in which the computation of the option chosen by the user occurs in the same time of the call establishment.

2. 'Entertainment and professional services' means the voice services provided for in any of the procedures laid down in Article 7 of this order, but the code '905' shall be provided to those who have the consideration, in accordance with the Section, mass call service.

Article 11. Numbering plan for additional charging services based on receipt of mass calls

1. The code "905" is organized as indicated in the following table, depending on the fourth figure marked by the caller (figure "A"):

A	Service Modes	How to Tarify	Maximum Price to
0	Reserved
1	Entertainment, professional uses, and televoto.	By call.	0, 30 € (fixed networks). 0.75 € (mobile networks).
2	Entertainment and professional uses.	By call.	0.60 € (fixed networks). 1.05 € (mobile networks
3
4
	4		4	4	4 Call _table_izq"> Per Call.	1,20 € (fixed networks). 1.65 € (mobile networks.
5
6	7
7	By Call	By Call.	$0.60 (fixed networks). 1.05 € (mobile networks
8	Televoto.	By call.	1.20 € (fixed networks). 1.65 € (mobile networks
9	Reserved

2. The numbering segments defined in the table in the previous paragraph may only be used by providers of additional charging services for the provision of additional charging services based on the receipt of calls massive according to the modalities provided in the table. Access operators shall respect the pre-tax prices for the service completed to be charged to the users from the public telephone networks specified therein.

CHAPTER III

Access to additional pricing services provided through phone calls

Article 12. Free access to the additional charging services provided through telephone calls.

1. The numbers belonging to the ranges allocated for the provision of additional charging services provided by telephone calls shall be freely accessible from the public telephone networks, without prejudice to the right of disconnection of users, the exercise of which shall be carried out in accordance with their regulatory regulations.

2. They shall be entitled to obtain allocations of numbering resources allocated for the provision of additional charging services provided via telephone calls to the operators of publicly available telephone networks and services.

Article 13. Additional charging services at the express request of the user.

1. Without prejudice to the provisions of the foregoing Article, by means of a decision of the Secretary of State for Telecommunications and the Information Society, it may be established that, for reasons of the protection of the rights of end-users, In particular, in relation to the invoicing and the charges applied in the provision of certain services, certain numbers or numbering ranges are only accessible on the express request of the user, under the conditions laid down in that resolution.

2. The access operators, subject to notification a month in advance, to the Secretariat of State of Telecommunications and to the Information Society and to the National Markets and Competition Commission, may determine the ranges of numbering defined by three or four digit codes, the access of which will require an express request from the user.

Article 14. Access to additional charging services by marking numbering.

1. Access to the additional charging services regulated in this order can only be done by direct dialing by the user, through his terminal, of the corresponding numbering code. For these purposes, the user shall have the "direct dial" consideration in his or her terminal manually and actively, in a single act or by the introduction of each of the digits that make up the numbering code corresponding.

2. The hiring of the additional charging services regulated in this order shall not be valid by automatic marking without the intervention of the user of the corresponding number, including those cases where the said marking occurs as a result of the installation on your terminal of an application or program, even if that installation has been consented.

CHAPTER IV

Conditions of transparency in access to additional charging services

Article 15. Information locution.

1. Without prejudice to the provisions of the rules on consumers and users, in the additional charging services provided through telephone calls, the operator of the additional charging network service must ensure that there is a information locution on the characteristics of the service, the content of which is determined in the following articles.

2. The additional charging service provider is responsible for the information provided in the information locution and for it to be expressed in a clear and intelligible form.

Article 16. Information locution in general additional charging services.

1. The component of the price which gives the service provider additional charges for the provision of its services, may not be applied by the access operator until the calling user, prior to the start of the connection to the service Additional charging, to be reported by the locution, which will last for 15 seconds, and after a period of 5 seconds since the end of the period.

In calls that are interrupted before the conclusion of the locution and save period, of 15 and 5 seconds, the access operator will only bill the call component for the communications service. electronic.

2. Without prejudice to the provisions of the above paragraph, the Secretary of State for Telecommunications and the Information Society may amend by resolution, the duration of such a locution, and the period of time set out in this Article. where the characteristics of the service are suitable for different durations.

Article 17. Information to be contained in the information provision of the general additional charging services.

Immediately after the call has occurred, and within the information locution referred to in the above articles, the additional charging service provider must inform the caller of the following:

a) Identity of phone number holder called, which will include:

1. First name and last name, if you are a natural person.

2. Social Denomination, if it is a legal person.

b) Maximum price per minute or per call, both from fixed network and from mobile network. Prices must include indirect taxes.

c) Generic information about the type of service being offered. In the case of a service aimed at the elderly, this should be expressed.

Article 18. Information locution in additional charging services based on the receipt of mass calls.

In additional charging services based on receipt of mass calls, the following rules will be observed:

(a) For entertainment and professional services, the prior locution shall include the content set out in Article 17, but the duration of the locution shall be 8 seconds and the 3-second save period.

In these services the component of the price paid to the service provider of the additional charging service may not be applied by the access operator until the time of the locution and the period of the aforementioned storage period. Therefore, in calls that are interrupted before the conclusion of the locution and save period, of 8 and 3 seconds, only the component of the call corresponding to the electronic communications service will be invoiced.

(b) For televoto services, as they are provided at the same time as the call is established, the locution inserted after the call shall contain:

1. The identification of the holder of the number, in accordance with Article 17.1.a).

2. The price per call, taxes included, both from fixed network and from mobile network.

3. º The confirmation that the vote has been computed.

CHAPTER V

Sanctioning Regime

Article 19. Sanctioning regime.

Non-compliance by the different operators and providers referred to in this order of the obligations contained therein shall be sanctioned in accordance with the regime of infringements and penalties laid down in Title VIII of Law 9/2014 of 9 May, General of Telecommunications, and in particular the failure to comply with the determining conditions of the privileges and the granting of the rights of use of the public numbering resources shall be sanctioned by virtue of the provisions of Article 77,19 of that Law.

Additional disposition first. Additional charging services accessible at the express request of the user.

Initially, in accordance with the provisions of Article 13.1 of this order, and without prejudice to the jurisdiction conferred upon the Secretary of State of Telecommunications and the Information Society, At the request of the Commission, the following additional charging services shall be provided:

a) 803, 806, and 807, all followed by figures 6, 7, 8, or 9.

b) 907.

Additional provision second. Transparency rules in calls to special rates numbers without pay for the call.

To telephone calls to numbers attributed to the provision of call services with special rates without pay for the call (range 902) the following transparency rules will apply:

(a) In relation to the information that operators are required to publish and to provide in accordance with Article 12 of Royal Decree 899/2009 of 22 May, approving the Charter of Rights of the User of Communications Services electronic, must be included in it:

1. º The price of calls to 902 numbers, including both the call setting price and the price per minute, taxes included.

2. º An express reference to whether calls to this numbering are included in the fixed quotas for consumption or "flat rates".

(b) In all invoices, calls to this numbering must be broken down individually in accordance with Article 22 (2) of Royal Decree 899/2009 of 22 May. In addition, they must appear as separate and specific tariff group, for the purposes of Article 22.2.f) of that royal decree.

c) When a user contracts a service that includes fixed quotas for consumption or "flat rates", he must be informed by the operator, in advance and by that same route, about whether the calls to this service numbering are, or not, included in those fixed quotas.

First transient disposition. Additional charging services affected by this order.

Additional charging services provided through telephone calls which, in accordance with the privileges contained in this order, are to be provided through a different telephone range than previously used to the same, they may continue to lend themselves through the latter within two months of the entry into force of this order.

Second transient disposition. Numbering for Additional pricing services on data systems.

Elapsed one year from the entry into force of this order, the range '907' cannot be used. Prior to the end of that period, the body responsible for granting the rights of use of the public numbering resources shall process the revocation of the numbering assignments in that range.

Repeal provision. Regulatory repeal.

1. The Resolution of the Secretary of State for Telecommunications and the Information Society of 16 July 2002 on the allocation of public numbering resources to additional charging services is without effect.

2. The Resolution of the Secretary of State for Telecommunications and the Information Society of 3 November 2003, for which a specific numbering range for the provision of charging services is attributed, is without effect. additional data systems.

3. The Resolution of the Secretary of State for Telecommunications and the Information Society of 4 December 2008, for which the code 905 is attributed to the provision of additional charging services, is without effect.

4. In general, all provisions of equal or lower rank are repealed as set out in this order.

Final disposition first. Competence title.

This order is issued under the exclusive competence of the State in the field of telecommunications recognized in Article 149.1.21. of the Constitution.

Final disposition second. Application.

The Secretary of State for Telecommunications and for the Information Society will dictate and execute, in the field of its competences, how many measures are necessary for the implementation of what is established in this order.

Final disposition third. Entry into force.

1. This order shall enter into force on the day following that of its publication in the "Official State Gazette".

2. Without prejudice to the above paragraph, the second additional provision shall enter into force in accordance with the following deadlines, from the date of publication in the "Official State Gazette" of this order:

(a) Your paragraphs (a) and (c), within one month.

(b) subparagraph (b) within three months.

Madrid, December 11, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.