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Royal Decree 1768 / 2007, Of 28 December, Amending The Regulation On The Conditions For The Provision Of Services Of Electronic Communications, Universal Service And Protection Of Users, Approved By The Royal Decre...

Original Language Title: Real Decreto 1768/2007, de 28 de diciembre, por el que se modifica el Reglamento sobre las condiciones para la prestación de servicios de comunicaciones electrónicas, el servicio universal y la protección de los usuarios, aprobado por el Real Decre...

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TEXT

The European Commission has sent a letter of formal notice to the Ministry of Industry, Tourism and Trade regarding the universal telecommunications service, in understanding that, on two specific issues, Directive 2002/22/EC The European Parliament and the Council of 7 March 2002 on universal service and the rights of users in relation to electronic communications networks and services (Universal Service Directive) were not correctly established. transposed into our legal order. In its letter of formal notice, the European Commission also considers that Community legislation has not been correctly applied in the public consultation procedure for the designation of the operator responsible for providing the universal service telecommunications. The Ministry of Industry, Tourism and Trade has submitted claims to the European Commission on the content of the letter of formal notice stating the adequacy of the procedure followed for the designation of the operator responsible for providing the universal telecommunications service to the Community rules. The European Commission has not formally replied to the Community rules on whether or not to adapt it. Furthermore, paragraph 1 of the second transitional provision of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users approved by the Royal Decree 424 /2005, of 15 April, establishes, in accordance with the regulatory clearance established in the second transitional provision of Law 32/2003, of 3 November, General of Telecommunications, the obligation of Telefónica of Spain, S.A.U., to provide universal service until 31 December 2007. Consequently, in the absence of a formal reply from the European Commission on whether or not the procedure followed for the designation of the operator responsible for providing the universal telecommunications service and for the purposes of ensure the availability of the universal telecommunications service as from 1 January 2008, it is necessary to amend paragraph 1 of the second transitional provision of the Universal Service Regulation by extending the universal service obligation Telefónica de España, S.A.U., to provide the universal service until 31 December 2008 . In its virtue, on a proposal from the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 28 December 2007,

D I S P O N G O:

Single item. Amendment of 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.

The first subparagraph of paragraph 1 of the second transitional provision is amended on the transitional arrangements applicable to the universal service, which is worded as follows:

" 1. In accordance with the regulatory clearance established in the second transitional provision of Law 32/2003 of 3 November, General Telecommunications, the obligation of Telefónica de España, S. A. U., to provide the service until 31 December 2008. "

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 issued under the exclusive jurisdiction over telecommunications recognized in Article 149.1. No. 21 of the Constitution

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, 28 December 2007.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade, JOAN CLOS I MATHEU