Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on the universal service and the rights of users in relation to electronic communications networks and services (Directive 2002/22/EC of the European Parliament and of the Council) Article 13 (1) on the financing of universal service obligations provides that ' where, on the basis of the calculation of the net costs referred to in Article 12, the national regulatory authorities are responsible for consider that an undertaking is subject to an unfair burden, the Member States, at the request of a (a) to introduce a compensation mechanism, under public funds and under conditions of transparency, in favour of the undertaking for the net costs to be determined; or (b) to allocate the net cost of the universal service obligations between service providers and electronic communications networks. "

On the consideration of whether a company is subject to an unfair burden, the transfer made in Article 39.1 of the Regulation on the conditions for the provision of electronic communications services, the service universal and the protection of users, approved by Royal Decree 424/2005 of 15 April, states that when the designation of an operator for the provision of universal service is carried out in accordance with Article 37 (i.e. by invitation to tender) shall give rise, in the event that the benefit for which it has been designated it involves a net cost, the qualification of that operator as a recipient of funds from the National Fund for the Universal Service or, failing that, the mechanism of compensation between operators set out in that Regulation.

With this provision, the results of the tender process were consolidated by releasing them from a subsequent assessment as to whether the nature of the burden which could result in the existence of a net cost in the provision of the service The award was justified or unjustified, making the outcome of the tender procedure prevail. However, this possibility is not covered by the Universal Service Directive.

In turn, Article 47.1 of the Regulation approved by Royal Decree 424/2005 of 15 April provides that where, pursuant to Article 39, the designated operator is entitled to the financing of the net cost The Commission of the Telecommunications Market will launch the financing mechanism to share this net cost and will publish the list of operators in the "Official State Gazette". to contribute, the data relating to that mechanism and the principles applicable to the distribution of costs. By not establishing, as a consequence, the requirement set out in 13.1 of that Universal Service Directive that the implementation of the said mechanism should be carried out at the request of a designated undertaking.

Finally, specific adjustments are made to the regulation approved by Royal Decree 424/2005 of 15 April, by amending Articles 28 and 29 as a result of the fact that the telephone service can already be provided through access networks with other new deployment technologies, as well as to simplify the procedure for extending the initial connection supply deadline.

In particular, new access networks based on optical fibres do not allow the supply of electrical power from the telephone station to terminals, so this supply must necessarily be made from the network. power of the subscriber himself.

Therefore, by means of this royal decree, the amendments to the aforementioned Articles 28, 29, 37, 39, 47 and the second transitional provision of the regulation approved by Royal Decree 424/2005 of 15 April are made.

On the other hand, the possibility of keeping telephone numbers has become a major influence on users when deciding on the possibility of changing the telephone service operator available to the public. public. Therefore, this tool has been widely offered by operators as an incentive tool for the recruitment of new customers.

Chapter IV of the Regulation on electronic communications markets, access to networks and numbering, as approved by Article 1 of Royal Decree 2296/2004 of 10 December 2004, provides that telephone network operators public, and those of the telephone service available to the public, must provide subscribers who request it to keep their numbers, regardless of who is the operator who provides the service.

This same regulation provides, in Article 44 (2), that requests for change of operator with the retention of numbers must include a subscriber's letter addressed to the operator of which he intends to unsubscribe, in the that he communicates his desire to cause low by conserving his numbers.

The request for a written request from the subscriber as the only way to prove the wish of the subscriber to change the telephone service operator while retaining his/her number may constitute an obstacle to the achievement of the objective pursued by the have a negative impact on the agility of the procurement system, especially when taking into account the existence of alternative methods that ensure adequate protection of the rights of users.

For this reason, by amending Article 44 of the regulation approved by Royal Decree 2296/2004 of 10 December, the procedures for applying for the conservation of numbers in the procedures provided for are extended. by the Spanish legislation for the recruitment of services by users, allowing in addition to the written application signed, other formulas such as the application made by means of a recognised electronic signature or through systems of verbal application with verification by independent third parties.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of March 13, 2009,

D I S P O N G O:

Article first. Amendment of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April.

The Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April, is amended as follows: follows:

One. Article 28 (1) (d) shall be worded as follows:

"Set up data communications at sufficient speed to access the Internet in a functional way, according to the authorized interfaces."

Two. Article 28 (2) is worded as follows:

" The designated operator must have adequate technical resources to ensure the continuity of the fixed telephone service available to the public in situations of interruption of the electricity supply for a minimum period four hours. However, in the connections to the public network that are provided through technologies that do not allow the electrical supply from the operator's dependencies to the subscriber terminal, the appropriate technical resources to guarantee the power supply of the network termination equipment shall be provided by the subscriber. "

Three. Article 29 (4) is worded as follows:

" 4. The designated operator shall satisfy every reasonable request for initial connection to the fixed public telephone network within a maximum period of 60 calendar days from its receipt.

In the event that the supply is required to obtain permits, rights of occupation or specific passage or for any other cause not attributable to the operator, the operator may discount the delays due to such causes, after communication containing the necessary documentary accreditation of the delays sent to the applicant by registered mail with acknowledgement of receipt, in which the applicant shall be informed of the possibility that he or she has the opportunity to present the claims referred to in Article 104.

In the event that the aforementioned supply cannot be made within that period, once the delays referred to in the preceding paragraph have been discounted, without causing force majeure or other factors attributable to the applicant, it must compensate automatically to the latter, and shall exempt it from the payment of a number of monthly payment quotas equivalent to the number of months or fraction in which the time limit has been exceeded. '

Four. Article 37 (1) is worded as follows:

" 1. The Ministry of Industry, Tourism and Trade shall, in sufficient time before the end of the period laid down for the provision of universal service in a given area, implement the tendering procedure provided for in this Article. for the designation of operator in that area. '

Five. Article 37 (3) is amended as follows:

" 3. Any legally established natural or legal person may be presented to the contest. "

Six. Article 37 (4) is worded as follows:

" 4. The Ministry of Industry, Tourism and Trade shall award the tender to the tenderer offering the most advantageous conditions. Consequently, the undertaking to be awarded shall have the consideration of a designated operator for the provision of universal service. "

Seven. Article 37 (5) is worded as follows:

" 5. In the event that the contest is declared deserted, the designation of the operator responsible for providing the universal service shall be made in accordance with the following Article. '

Eight. Article 39 is worded as follows:

" The Telecommunications Market Commission will determine annually whether the obligation to provide universal service may entail an unjustified burden on operators who are obliged to provide them. Where there is a net cost in the provision of the universal service, but the Telecommunications Market Commission considers that it does not constitute an unjustified burden, the resolution to be established must be reasoned. "

Nine. Article 47 (1) is worded as follows:

" 1. Where, pursuant to Article 39, the designated operator is entitled to the financing of the net cost of the provision of the universal service, the Commission of the Telecommunications Market, upon request of the latter operator, set in motion the financing mechanism for sharing such net cost and publish in the "Official State Gazette" the list of operators required to contribute, the data relating to that mechanism and the principles applicable to the sharing of costs. "

Ten. Paragraphs 2 and 3 of paragraph 1 of the second transitional provision are deleted.

Article 2. Amendment of the Regulation on electronic communications markets, access to networks and numbering, approved by Royal Decree 2296/2004 of 10 December 2004.

Article 44 (2) of the Regulation on electronic communications markets, access to networks and numbering, approved by Royal Decree 2296/2004 of 10 December 2004, is amended as follows:

" 2. Operators shall only be obliged to give up the numbers of a given subscriber when the subscriber is discharged as such and, at the same time, from discharge to another operator. It is understood that there is concurrency when the request for discharge in the new operator by any means that allows to have a record of the same, includes a request to this one to process its low before the previous one preserving its numbers. "

Final disposition first. Powers of development.

The Minister of Industry, Tourism and Trade is authorized to make the necessary provisions for the development and implementation of this royal decree.

Final disposition second. Competence title.

This royal decree is dictated under the exclusive competence that Article 149.1.21. of the Constitution attributes to the State in the field of telecommunications.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 13, 2009.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON