Law 32/2003 of 3 November, General of Telecommunications, has, among its objectives, to promote the establishment of public electronic communications networks by means of an efficient investment. In order to comply with this particular objective, the regulation of the occupation of public domain or private property for the installation of networks has sought to establish general criteria which must be respected by the authorities. public domain holders. In this way, all operators who practice the notification of the Telecommunications Market Commission, as far as necessary for the installation of their networks, are granted occupation rights, as well as details of the basic principles which guarantee the exercise of that right under conditions of equality and transparency, irrespective of the administration or the holder of the public domain or the private property in question. In order to simplify compliance with the general criteria to be met by public administrations which hold the public domain and which are competent to lay down rules on certain matters affecting the deployment of networks, as well as to ensure the rights of information and legal certainty, both for operators who aspire to deploy their networks, as well as for the users of services, as well as for citizens in general, Article 29.2 (a) of Law 32/2003, of 3 November, lays down requirements to be met by these public administrations in its relations with the Telecommunications Market Commission pursuant to Article 31.1 of the same law. Article 29 (2) (a) of Law 32/2003 of 3 November establishes in relation to the specific rules of application to the occupation of public domain and private property for the installation of public electronic communications networks dictated by the various public administrations with competence in matters of environmental protection, public health, public security, national defence, urban or territorial planning and taxation by occupation of the domain public, which must be published in an official journal corresponding to that of the Competent administration. From that publication and a summary of it, adjusted to the model to be established by order of the Minister of Science and Technology (currently Minister of Industry, Tourism and Commerce), as well as of the text of the municipal fiscal ordinances that impose the fees for private use or special use made of the land, subsoil or flight of the municipal public roads referred to in Article 24.1 (c) of Law 39/1988 of 28 December, Regulation No Local and of the number of provisions of a tax nature affect the use of goods The public domain of another ownership must be transferred to the Commission of the Telecommunications Market, in order to publish a siphnosis on the Internet. In turn, Article 31.1 of Law 32/2003 of 3 November states that the Telecommunications Market Commission will publish on the Internet a summary of the rules that each Administration has communicated to it in compliance with the provisions of the in that Article 29.2. In order to comply with the express legal mandates, the model of communication to the Telecommunications Market Commission, for publication on its website, of the summary of the legislation affecting the law, is approved by this order. for the use of public and private domain for the installation of public electronic communications networks, recognized by the operators in Articles 26 and 27 of the General Telecommunications Law, dictated by the various General government in the exercise of its powers. This order has been the subject of a report by the Telecommunications Market Committee, in accordance with Rule 48 (3) (h) of the General Telecommunications Law, and also by the Telecommunications and Telecommunications Advisory Council. The Information Society, whose report, in accordance with the provisions of the fifth additional provision of the General Law on Telecommunications, is equivalent to the hearing referred to in Article 24 of Law 50/1997 of 27 November. In its virtue, according to the State Council, I have:

Article 1. Object.

1. The purpose of this order is to approve the model of communication of the regulations affecting the right of occupation of the public and private domain for the installation of public electronic communications networks, in the development of Article 29 (2) (a) of Law 32/2003 of 3 November, General of Telecommunications.

2. The communication model will be set out in the annex to this order, and will be available on the website of the Telecommunications Market Commission (www.cmt.es).

Article 2. Remission of the communication model.

1. Both the normative provisions and the instruments of planning with regulatory force approved by the public administrations applicable to the occupation of the public and private domain for the installation of public communications networks Electronic communications should be communicated to the Telecommunications Market Committee in the communication model approved by this order.

2. Public administrations which, in accordance with the provisions of Articles 28 and 29 of Law 32/2003 of 3 November, General Telecommunications, dictate specific rules on the management of the public domain in question in the field of environmental protection, public health, public security, national defence and urban or territorial planning, as well as municipal tax systems that impose the fees for private use or use Special provisions for the use of the land, subsoil or flight of municipal public roads In accordance with Article 24.1.c of Law 39/1988 of 28 December 1988 on Local Government Regulations and provisions of a tax nature which affect the use of public domain goods of another property, they must refer to the Telecommunications Market Commission the following documentation:

a) A copy of the publication of the text of the standard in the corresponding "Official Journal".

b) A summary of each of the approved rules adjusted to the "Model of Communication of the regulations affecting the right of occupation of the public and private domain for the installation of public communications networks" ' listed in the Annex.

Article 3. Time limit for the referral of the documentation.

The referral to the Telecommunications Market Committee of the documentation referred to in the previous article must be carried out within one month of the publication of the standard, preferably by means of electronic or telematic.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.21. of the Constitution, which attributes exclusive competence to the State in the field of telecommunications.

Final disposition second. Entry into force.

This order will take effect the day following its publication in the Official State Gazette.

Madrid, November 28, 2008. -Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX Model of communication of regulations affecting the right of occupation of the public and private domain for the installation of public electronic communications networks

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PREVIOUSLY COMMUNICATED PROVISIONS THAT REPEL

				Code1
PUBLIC ADMINISTRATION	STATUS
			COMMUNITY
	PROVINCE
	MUNICIPALITY
	OTHER
COMPETENCES2 SCOPE
RANGE OF THE NORMA
RULE TITLE
approval
	APPROVAL
OFFICIAL JOURNAL JOURNAL
INDIVIDUALIZED ELECTRONIC LINK OF APPROVED RULE
RULE SUMMARY ON WHAT AFFECTS THE DEPLOYMENT OF PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS
REFERENCE OF ITEMS THAT AFFECT
OBSERVATIONS

1. Codes defined by the National Statistics Institute (INE) 2. The competence of each of the standards shall be classified in one or more of the following categories:

a) Managing the particular public domain in one or more.

b) Environment. c) Public health. (d) Public security. e) National Defense. (f) Urban or territorial planning. g) Taxation by occupation of the public domain.