Law 32/2003 of 3 November, General Telecommunications, delves into the principles enshrined in the previous regulations, based on a regime of free competition, the introduction of corrective mechanisms to guarantee the emergence and viability of new operators, the protection of the rights of users, the minimum intervention of the administration in the sector, respect for the autonomy of the parties in the relations between operators and supervision administrative aspects related to public service, public domain and defence of the competition. 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, sets out for the operator designated for the provision of the universal service, in Article 34, which, by order, shall establish minimum standards of quality of service, definitions and methods of measurement of parameters, requirements relating to the periodic referral of data to the administration, the conditions to guarantee the reliability and the the comparability of the data and the other conditions relating to the measurement and monitoring of the quality of service levels to be met. This Regulation also establishes, in relation to all operators of electronic communications networks or services, a set of quality of service obligations relating to the provision of information to the Administration and to the guarantee of the rights of users. Thus, in relation to the rights of users, on the one hand, Articles 105 and 106 of the obligation to specify in contracts with consumers who are natural persons and other end users, inter alia, the levels laid down in Articles 105 and 106 of the quality of service which the operator undertakes to offer and the assumptions in which his non-compliance with the right to demand compensation, as well as his method of calculation, leaving the Ministry of Industry Tourism and Trade the specification, if any, of the parameters and measurement methods to be used. Furthermore, in Article 110, it is established that operators providing electronic communications services shall publish detailed, comparable, relevant, easily accessible and up-to-date information on the quality of services. (a) to provide both the bid and the effectively achieved, while enabling the Ministry of Industry Tourism and Trade to specify, among other elements, the quality of service parameters to be quantified, as the content and format of the information to be made public, the modalities of its publication and the conditions for ensuring the reliability and comparability of the data, including the annual performance of audits. In addition, Article 110 provides for the possibility of establishing by order mechanisms to ensure the accuracy of the invoicing carried out, which may include the need for certain categories of operators, such as those which provide service with charging depending on the duration of the connection, the volume of information or the distance, have to prove that their charging and billing management systems comply with the rules of insurance of the quality such as those of the ISO 9000 family. In accordance with the provisions of Article 23 of the Regulation, the quality of service obligations associated with the universal service are to be regarded as public service obligations, while the other obligations of quality of service (a) a service which is enforceable in accordance with the provisions of that regulation are to be regarded as public obligations. Finally, with regard to detailed billing arrangements, Article 112 provides that consumers who are natural persons and other end users shall be entitled to obtain detailed billing, with the breakdown to be established by (a) ministerial order, without prejudice to the right of subscribers not to receive broken invoices, as referred to in Article 66 of that Regulation. All these aspects are developed in this ministerial order, thus establishing the new regulatory framework for quality in the provision of telecommunications services, replacing the one established by the Order of the Ministry of Public Works of 14 October 1999 on the quality conditions for the provision of telecommunications services. This framework sets out the conditions for the provision of adequate information on the level of quality of service to the users, ensuring the continuity of the existing system for the fixed telephone service, to the time that important improvements are introduced, such as: the extension of the detail, with new parameters and more disaggregations per parameter; the reduction of the deadline for updating the data, passing from an annual frequency to another quarterly and the Extension to mobile phone services, Internet access and telephone numbers (i) In all cases, proportionality thresholds are introduced, in such a way that the obligation only affects operators with the highest volume of market, leaving to the lowest volume the possibility of joining the system voluntarily and thus publish their quality of service data under the same conditions as the first. As parameters for the quality of service measure are used those defined by the European Telecommunications Standards Institute (ETSI), which are included in the ETSI guide EG 202 057. The reliability of the data will be guaranteed by an audit to be submitted by the operators, in addition to the actions carried out by the Administration's Telecommunications Inspection Services. In addition, the minimum treatment that operators must give to the quality aspects in the contracts with the users, the minimum levels of quality of service associated with the different elements of the universal service, the guarantees reliability of the overall process of measurement, pricing and billing of consumption and the handling of events leading to a significant degradation of the quality of service. In addition, it includes the development of the aspects relating to the breakdown of the detailed billing and the modalities of presentation of the invoicing broken down for the purposes of the protection of the personal data, which were previewed in the Regulation referred to above. For the preparation of this order, the contributions of the Standing Committee of the Telecommunications Advisory Council and the Information Society, as well as the reports of the Commission of the Market of the Telecommunications, the National Consumer Institute and the Data Protection Agency. In its virtue, I have:

CHAPTER I

Object

Article 1. Object.

the purpose of this order is to establish the conditions relating to the quality of service in the provision of electronic communications services and other related aspects in the development of the provision of services. 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. These conditions refer to: (a) Information to users on the levels of quality of service relating to the services of: telephony available to the public, access to the Internet and telephone consultation on subscriber numbers,

b) The content of contracts with users as regards the quality of service, c) Minimum levels for universal service, d) Quality assurance in the accuracy of billing to end users, (e) the processing of events leading to a significant degradation of the quality of service, (f) the breakdown of the detailed billing, and (g) the arrangements for the presentation of the invoicing broken down for the purposes of the protection of the data personal character.

CHAPTER II

Information to users about quality of service levels

Article 2. Operators required to publish quality of service levels as set out in this chapter.

1. Without prejudice to the provisions of the first transitional provision, they are obliged to obtain and publish information on the levels of quality of service, in the terms specified in this Chapter, the operators providing the services. the following annual turnover threshold is indicated below and exceeds the following annual turnover threshold: a) € 20 million in the provision of the fixed telephone service available to the public.

b) € 20 million in the provision of the mobile phone service available to the public. (c) € 20 million in the provision of the Internet access service. (d) EUR 2 million in the provision of the telephone consultation service on subscriber numbers.

2. They shall also be obliged to obtain and publish information on the levels of quality of service for operators exceeding one of the thresholds in paragraph 1 above, at a later date than the date of entry into force of this order. That obligation shall start after one year after the date on which it has been produced.

3. In addition, they will be obliged to obtain and publish information on the quality of service levels for those operators who provide the services referred to in paragraph 1 above, with market shares exceeding 10% in the case of any geographical scope, where the Secretariat of State of Telecommunications and the Information Society expressly requires it to take into account the interests of the end users involved. 4. In addition, those operators who are not included in the above cases, are interested in joining the system of publishing information on the quality levels specified in this chapter, will have to communicate to the The Secretary of State for Telecommunications and the Information Society, having since then been subject to the same rights and obligations regime as those included in accordance with the previous paragraphs for a period of one year, may be automatically extended for successive periods of one year, unless prior notice is given.

Article 3. Parameters for the determination of the quality of service level.

1. The definition of the parameters for the measure of the quality level in the provision of electronic communications services referred to in Article 2 above, and their corresponding measurement methods are set out in Annex I of this order.

The parameters are divided in general, application to all services, and in specific, application to services or set of defined services. 2. Each operator falling within the scope of Article 2 above, in respect of any service, shall obtain the value of the parameters set out in Annex I applicable to the service or services causing such inclusion, without prejudice to the consideration of events related to other services in the measurement of any parameter when specified in the measurement method of that parameter.

Article 4. Content of the information to be obtained.

Without prejudice to the provisions of the first transitional provision, the operators referred to in Article 2 shall be available for publication, in the terms specified in Article 8, and forward to the Secretary of State for Telecommunications and the Information Society, when expressly required to do so, the information specified below: a) Quality of service level offered by the operator, as defined in the UIT-T Recommendation G. 1000, which corresponds to the level which he expects to be able to offer to the clients and which, therefore, has been taken into account in the planning of the resources for the provision of the service.

b) Quality of service level achieved or delivered to customers as defined in the UIT-T Recommendation G. 1000, which corresponds to the measurement performed according to the measurement system to which the article refers next. This level will be available within the month following the end of each calendar quarter.

Article 5. Measurement system.

1. The operators referred to in Article 2 shall implement and document a system of measurement of the level of quality of service achieved which shall include the parameters referred to in Article 3.2.

The geographical scope of measurement of the parameters shall be the whole of the national territory or, where appropriate, the part of the national territory in which it provides the services, without prejudice to the provisions of Chapter III for universal service. 2. The system of measurement of the level of quality of service shall be duly documented and developed in sufficient form to enable its inspection, by the relevant services of the Administration, and its audit, by an entity external. 3. For the purposes of drawing up the descriptive document referred to in paragraph 1 above, the guidelines and other harmonised documents to be adopted by the Secretary of State for Telecommunications and the Society of the Information either on its own initiative or at the request of the Monitoring Committee referred to in Article 26 of this order. 4. An updated copy of that document, or a summary thereof if the extension of the printed version exceeds 200 pages in UNE A-4 format, must be deposited with the Secretariat of State of Telecommunications and the Society of the Information on the basis of its application, at least, in electronic format for the usual use of office applications. 5. The system of measurement of the level of quality of service shall be updated as many times as necessary in order to adapt it to the conditions of delivery of the service and the measurement of the parameters, as well as to correct the deficiencies expressly notified by the Administration and those identified, where appropriate, in the inspection report or in the audit report referred to in Article 6 of this order. The communication to the Secretariat of State of Telecommunications and to the Information Society for the incorporation of those amendments together with the relevant update shall be made within a period not exceeding three months, (a) from the date on which the event has occurred, unless, at the request of the operator and in the light of special circumstances, the Director General of Telecommunications and Information Technology has (a) a longer period

Article 6. Audit of the quality of service.

1. The operators referred to in Article 2 of this order shall contract with a solvent and independent entity, the performance of an annual audit to check the reliability and accuracy of the measurements published or reported to the for the year and, in particular, to verify that: (a) The audited has and applies a system of measurement of the levels of quality of service, implemented in accordance with the provisions in this order, duly documented and which coincides with the version referred to the Administration pursuant to Article 5.

b) The process used for the performance of the measures ensures that the error in the measurement of each parameter does not imply an improvement of the same superior to 5 percent with respect to its real value.

2. The Secretariat of State for Telecommunications and for the Information Society, taking into account the recommendations which, if necessary, the Monitoring Committee referred to in Article 26, may lay down minimum requirements for audit firms, in order to ensure minimum levels of solvency and independence, as well as criteria for carrying out audits, which may include a basic set of tests to be carried out and the minimum content of the audit report audit, in order to harmonise its content.

3. The annual audit findings shall be divided into two parts: a prospective part on the adequacy of the processes in use involved and another retrospective on the data published or communicated over the previous year or annuity and not included in previous audits. 4. The operator shall provide the auditor with access to all the persons, places, equipment and data necessary for the verification of all extremes. 5. A copy of the document incorporating the audit report shall be submitted to the Secretary of State for Telecommunications and the Information Society before 15 May of each year, together with the notes and other explanations each Consider appropriate. This document shall contain, in addition to the overall results, a sufficient description of the individual tests carried out and their results. 6. Operators may integrate the audit referred to in this Article in more general terms, such as those required by ISO 9001-2000, in which case they shall only forward the part of the audit report relating to the audit. verification of compliance with the provisions of paragraph 1 above, with the minimum content specified for the individual audit case.

Article 7. Conservation of source data.

In order to make it possible to carry out audits and control and follow-up actions by the Secretariat of State of Telecommunications and the Information Society, the operators to whom it refers Article 2 of this order shall keep the basic information used for the quantification of the parameters, with the level of detail necessary to provide an audit trail sufficient, at least, up to three months, to from the referral of the audit report. This minimum period may be extended, up to a maximum of three months, by the Secretary of State for Telecommunications and the Information Society where necessary to complete an investigation initiated. The adequacy of the audit trail shall be verified and reported by the audit entity referred to in the previous article.

Information to be retained, containing personal data on traffic and billing, must be made anonymous where necessary to comply with the limitations imposed by Article 65 of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users.

Article 8. Publication by the operators.

1. Without prejudice to the provisions of the second transitional provision, operators falling within the scope of Article 2 of this order shall have the internet page referred to in Article 109 of the Regulation on the conditions laid down in this Regulation. for the provision of electronic communications services, universal service and the protection of users, with a specific section on quality of service, easily accessible and free of charge.

2. This paragraph shall be indicated in accordance with the model adopted by the Secretary of State for Telecommunications and the Information Society, taking into account the considerations which, where appropriate, are formulated from the Commission The following content shall be followed by the following:

(a) the level of service offered, including the historical levels for which less than one year has elapsed since its loss of life.

(b) the measured level of service quality, within 2 months, from the end of each calendar quarter, and the results of at least the last four quarters published. (c) the conclusions of the audit reports and checks associated with the above data. (d) the additional information necessary to facilitate their correct interpretation by users.

3. Both the start of the publication referred to in the previous paragraph and the modification of the presentation format may not be carried out without the prior notification of the Secretary of State for Telecommunications and the Information Society. Such notification shall take place where it considers that the information meets the minimum guarantees necessary to inform users correctly without interfering in competition between operators.

4. The Secretariat of State for Telecommunications and the Information Society may also order the temporary suspension of the publication of all or part of the data by the operator, where it has reasonable doubts as to the reliability of the data. "

Article 9. Publication by the Administration.

1. The Secretariat of State for Telecommunications and the Information Society, without prejudice to the actions necessary for the control and monitoring of the correct application by the operators of the provisions set out in this Chapter, will include on its website a specific section with the relationship of operators who publish their quality of service levels according to the guarantees of comparability, reliability and accuracy established in this order, as well as the any incidents or deviations you have found and any additional information that is necessary.

2. Likewise, where it considers it necessary to keep the end-users informed and, in particular, consumers, the Secretariat of State for Telecommunications and the Information Society shall draw up and, after consulting the The Monitoring Committee referred to in Article 26 shall publish in the specific paragraph of its website a general report with a summary of the quality of service data of the various operators. 3. Operators obliged in accordance with Article 2 of this order shall, from the specific point of their website, provide an easily identifiable link to the section of the Internet site of the Secretariat of State of Telecommunications and the Information Society referred to in paragraph 1 of this Article.

CHAPTER III

Quality of service in contracts with users

Article 10. Quality of service parameters to be included in the contracts.

1. In accordance with the provisions of Articles 105 and 106 of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users, in respect of contracts concluded by operators with consumers who are natural persons and other end-users, it should be specified in relation to the quality of service, the individual levels which the operator undertakes to offer and the assumptions in which its non-compliance the right to demand compensation, as well as the method of calculation.

2. This commitment shall at least be fixed in respect of the 'service interruption time' parameter, which is defined as the sum of elapsed time, over a period of observation, from the moment at which the break has occurred or service element or service element degradation to the time it has been restored to its normal operation. The instant start of the account will be the first of the following two events:

a) The notification by the subscriber of the breakdown notice to the operator's point of contact, or

b) The registration by the operator of the incident causing the total or partial interruption of the service.

Additionally, for mobile services, a service outage in an area will be understood to affect a subscriber when any of the following circumstances apply:

(a) The operator knows through its information systems that the subscriber was in the affected area at the time of the interruption.

b) The interruption affects the area where the address is located in the contract and the operator, through its information systems, cannot place it in another area during the period of the interruption. (c) The subscriber communicates to the operator, by means of a responsible statement, within 10 days of the re-establishment of the service, which has been in an area affected by the interruption at the time of its occurrence and that statement does not it is contradictory to the one obtained from the operator's information systems, the latter being duly communicated by the operator to the subscriber.

In any case, the information referred to in the above cases may not involve the processing of location data.

The value of the quality commitment relating to the service interruption time, for the purpose of determining the corresponding compensation, shall be expressed in an entire number of natural hours accumulated over a period of time. matched observation with the billing period.

Article 11. Compensation in the event of non-compliance.

1. In accordance with the provisions of paragraph 2. (d) Article 105 of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users, in contracts concluded by operators with consumers who are natural persons and other users, including the connection or access to the public telephone network, the method of calculation of the compensation associated with the non-compliance with the quality commitments shall be specified. This obligation extends to other contracts for the provision of electronic communications services through Article 106 of that Regulation.

For the telephone service available to the public, this compensation shall be cumulated to that resulting from the application of Article 115.1 of that Regulation on the conditions for the provision of communications services. electronic, universal service and the protection of users. For the Internet access service, this compensation shall be without prejudice to the refund of the amount of the service charged and not provided, in the aliquot part corresponding to the period of interruption of the service. 2. Operators shall specify in the contracts with the users whether the compensation shall be made automatically or if it is necessary to measure some type of request, in which case they shall specify, in reasonable terms, their content and time limit. presentation, as well as the time and mode of making the compensation effective. If a prior request is required, it shall be submitted through the department or customer service referred to in Article 104 of the previously appointed regulation, with the guarantees provided therein.

CHAPTER IV

Universal Service

Article 12. Parameters for the determination of the quality of service level.

For the determination of the quality levels of the services included in the universal service, the parameters and methods of measurement of the guide UNE EG 201 769-1 V1.1.2 of April 2001 will apply.

The parameters of that guide, which are also listed in Annex I to this order, shall be read as part of the terms of that Annex I in any case which do not object to the provisions of the abovementioned UNE EG 201 769-1.

Article 13. The overall value of the minimum quality level for universal service.

The operator having universal service obligations in a given geographical area in relation to the provision of the available telephone service to the public from a fixed location, with the sufficient supply of telephones public payment with coins or cards or with the telephone consultation service on subscriber numbers, must guarantee for each calendar quarter and in relation to all the customers of said service and zone, the minimum level of quality of service which corresponds to the values of the parameters listed below: 1. Telephone service available to the public from a fixed location: a) Supply time of initial connection: Less than 60 days for 99 percent of cases.

b) Percentage of breakdowns per line of access: Less than 4 percent per quarter. c) Time to repair breakdowns: Less than 48 hours for 95 percent of cases. d) Percentage of failed calls:

I. Nationals: Lower than 1 percent.

II. International: Lower than 2 percent. III. To mobile: Lower to 1 percent.

e) Call setting time:

I. Nationals: Less than 2 seconds.

II. International: Less than 9 seconds. III. To mobiles: Lower than 6 seconds.

f) Percentage of operator service calls served in less than 20 seconds: Over 90 percent.

g) Billing Claims Rate: Less than 5 per thousand per quarter.

2. Payment public telephone service by means of coins or cards:

a) Percentage of public pay phones in operation: Higher than 95 percent.

3. Telephone consultation service on subscriber numbers:

a) Percentage of calls attended in less than 20 seconds: Higher than 90 percent.

Article 14. Follow-up reports.

1. Without prejudice to the obligations to provide information to users on the levels of quality of service set out in the previous chapter of this order, the operators who provide, with the consideration of universal service obligation, the telephone service available to the public from a fixed location, the payment of public telephones with coins or cards or the telephone consultation on subscriber numbers, must be sent to the Secretariat of State of Telecommunications and to the Information Society, within 45 calendar days of the completion of each natural quarter, the measured values for each of the parameters referred to in the previous article, referring to the whole of the territory in which the service is provided with such consideration, together with the breakdown, if any, by autonomous community. Such information shall be transmitted for the purposes of monitoring and monitoring public service obligations relating to the quality of service in the provision of universal service.

2. Where there are prima facie evidence of a worsening of the quality of service in a differentiated and continuous geographical area or for persons with disabilities of a certain type, the Secretary of State for Telecommunications and for the Society The information may require the measurement of any of the parameters referred to in Article 13 in those areas. 3. All quality of service data reported to the Secretariat of State of Telecommunications and to the Information Society shall be the subject of a specific paragraph within the audit report referred to in Article 6 of this Regulation. order.

Article 15. Maximum deviations for geographical areas and for user types.

1. Where an operator has universal service obligations in an area that covers more than one Autonomous Community, the level of quality of service in each of them shall not be lower, in relation to each parameter, to 20 per cent of the value established in the previous article.

2. Where in any geographical area differentiated and continuous, the repeated existence of a higher quality of service quantified by more than 50% in relation to any of the overall values established for each parameter in the The following Article shall apply to the Secretariat of State of Telecommunications and to the Information Society, by means of a resolution, a recovery plan for the level of quality of service in that field. 3. Also, when it is noted that persons with disabilities of a certain type are systematically obtaining a worse quality of service quantified in more than 50 percent of the overall values established for each In the previous article, the Secretariat of State of Telecommunications and the Information Society may, by means of a resolution, establish a recovery plan for the level of quality of service for that collective of users. 4. The lowest quality of service percentages referred to in the preceding paragraphs shall apply to the value set as the minimum level for the parameter where there is an inverse relationship between the value of the parameter and the quality of service level; or on its supplementary value, where that relationship is the opposite, as is the case with those relating to 1 (f), 2 (a) and 3 (a) of the preceding Article.

Article 16. Individual level of quality of service.

1. In accordance with Article 29.4 of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, the designated operator must satisfy each Reasonable request for initial connection to the public telephone network from a fixed location within a maximum period of 60 calendar days from its receipt. In the event of failure to supply the said supply within that period, without causing force majeure or other factors attributable to the applicant, he shall automatically compensate the applicant by exempting him from the payment of a number of monthly payment quotas. equivalent to the number of months or fraction in which that period has been exceeded, unless at the request of the operator, before the end of the above 60 days, the Director General of Telecommunications and Information Technology has authorised a longer supply time due to the need to obtain permits, rights of occupation or of passage specific or any other cause not attributable to the operator.

In addition, in accordance with Article 28.2 of that Regulation, the designated operator must have the appropriate 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 of four hours. However, for those connections to the public network which it is necessary to provide via satellite, that period shall be at least two hours. 2. For the telephone service available to the public from a fixed location provided as a universal service obligation, the commitment relating to the "time of service interruption" referred to in Article 10 (2) shall not exceed at the thirtyth part of the billing period. In the event of non-compliance, the subscriber shall be entitled to the compensation provided for in Article 11.

CHAPTER V

Quality of Billing

Article 17. Scope of application.

1. Operators providing the available telephone service to the public, fixed or mobile, as well as those who provide any other electronic communications service to end users including concepts, are included in this chapter. rated according to the use of the service, such as the duration of the connection, the volume of the information exchanged or the distance of the connection, provided that they have an annual turnover for the provision of that service to the 20 million €.

2. In addition, through the resolution of the Secretariat of State of Telecommunications and the Information Society, the main operators in the provision of a certain electronic communications service may be included in the case of a number of final user complaints about their billing significantly higher than the services referred to in the previous paragraph. 3. Any operator may also voluntarily request his/her inclusion in the scope of this article in relation to any electronic communications service. 4. Each operator falling within the scope specified in the preceding paragraphs shall apply the provisions of this Chapter, at least, with respect to the service or services causing its inclusion, in accordance with the provisions of the previous paragraphs, and with the other electronic communications services included in the same billing pool, provided that the latter:

(a) Be provided to more than 5 percent of the users, with respect to the total number of users of the service causing their inclusion, or

b) Representing more than 5 percent of the billing of the set of services included in the same billing pool.

Article 18. Global system for ensuring the quality of the billing.

1. The operators referred to in the previous Article shall implement, in respect of the services referred to in that Article, a comprehensive system of quality assurance for the quality of the invoicing covering the set of equipment, data, procedures and activities used to determine the charges for the provision and use of such electronic communications services for inclusion in invoices to the end user, which complies with the quality requirements that are set out in Annex II to this order.

This system should be implemented in accordance with the guidelines of the quality standards for use, such as those of the ISO 9000 family, establishing a continuous improvement cycle that has the ultimate objective of billing without errors.

Article 19. Form of accreditation.

1. Each year, the operators referred to in Article 17 above shall forward to the Secretariat of State of Telecommunications and to the Information Society an audit report, carried out by a solvent and independent entity, which Member States shall ensure compliance with the requirements set out in Annex II to this order throughout the year ended and that the level of reliability laid down is exceeded.

2. The Secretariat of State for Telecommunications and the Information Society may lay down minimum requirements for audit firms, criteria for carrying out audits and the minimum content of the report, taking into account the recommendations to be made by the Monitoring Committee referred to in Article 26 where appropriate. 3. The operator shall provide the auditor with access to all the persons, places, equipment and data necessary for the verification of all the extremes, and may order the performance of the specific tests that are necessary, such as the generation of a reasonable number of test calls, or their collaboration on them. 4. A copy of the document incorporating the audit report shall be submitted to the Secretary of State for Telecommunications and the Information Society by 15 June of each year. This document shall contain, in addition to the overall results, a sufficient description of the individual tests carried out and their results. 5. Operators may integrate the audit referred to in this Article in more general terms, such as those required by ISO 9001-2000, in which case they shall only refer the part of the audit report to the verification of compliance with the provisions of paragraph 1 above, with the minimum content specified for the individual audit case.

Article 20. Disclosure.

1. The Secretariat of State for Telecommunications and the Information Society, without prejudice to the actions necessary for the control and monitoring of the correct application by the operators of the provisions set out in this Chapter, will include in its website a specific section with the relation of the operators who have in place a system of assurance of the quality of the billing as established in this order including, if necessary, information on the any incidents or deviations found.

2. An operator shall be deemed to provide reasonable assurance of the reliability of the billing to the end-user, in relation to a particular service or set of services, when it has a set of targets equal to or higher than those of the reference laid down in point (c) of paragraph AII.5 of Annex II to that order and, in respect of the last financial year, has established compliance with the requirements set out in Annex II to that order and exceeded those requirements; reliability targets. 3. Operators who are in the situation in paragraph 2 above may include in their invoices, publications and other commercial communications an explicit reference to compliance with the quality of the billing requirements. established in this order. To this end, the Secretariat of State of Telecommunications and the Information Society may set the terms for the use of the corporate image of the Administration in such references.

Article 21. Users ' complaints about the content of invoices.

The Secretariat of State for Telecommunications and for the Information Society, in accordance with the procedures for the resolution of conflicts established in Article 104.4 of the Regulation on the Conditions for the the provision of electronic communications services, the universal service and the protection of users, shall take into account the situation of the operator as regards compliance with the quality of the invoicing requirements set out in this Regulation; in this order, for consideration together with the other elements of judgment of which it is has.

CHAPTER VI

Events that lead to a significant degradation of service quality.

Article 22. Events considered.

Events that in the provision of the available telephone service to the public or the Internet access service, cause a total interruption of the service or a part of the service, are the subject of this chapter. accounts for more than 10% of the turnover of that service and simultaneously affects more than 100,000 subscribers, for a period exceeding two hours in hours from 8 to 22 hours.

Article 23. Notification.

Operators who suffer an event from those listed in the previous article, must notify the Secretariat of State of Telecommunications and the Information Society: (a) At the beginning, within two years hours, a first identification report of the event, including the data relating to the place, instant of start, users affected, possible causes, corrective actions in progress and the foreseeable time limit for resolution.

b) During the event, if the event is longer than 6 hours, the necessary reports will be made to update the initial information, report the measures being taken and provide the additional information that may be given to you. demande from the Secretariat of State of Telecommunications and the Information Society. c) At the end of the event, within two hours, a close report of the event in which the data relating to the event completion point for each element of the service is included. (d) Within a maximum of 10 days from the end of the event, a detailed report including, among other aspects which the operator considers relevant, the extent, damages caused to the users, compensatory measures if they are intended, assessment of the causes, corrective actions and assessment of the probability of repetition.

Article 24. Corrective actions.

To safeguard the rights of users, the Secretariat of State of Telecommunications and the Information Society may make recommendations to operators in relation to contingency measures or to reduce the risk of recurrence. Such recommendations may be made public.

CHAPTER VII

Other Provisions

Article 25. Inspection.

The Inspection Services of the State Department of Telecommunications and the Information Society will be able to carry out the inspections they deem necessary to verify compliance by the operators of the obligations set out in this order. To this end, such Inspection Services may collect all the additional data they deem necessary, as well as carry out their own measures and checks on the network and on the operators ' computer applications.

Article 26. Commission for Quality Monitoring in the Provision of Telecommunications Services.

1. It is the Commission for the Monitoring of Quality in the Provision of Telecommunications Services, with the following purposes: a) Advising the Secretariat of State of Telecommunications and the Information Society in the development and monitoring of the quality of service regulations.

b) Develop guides, application criteria and other guidelines that it considers appropriate to facilitate the implementation of the quality monitoring system in the provision of services and the system of insurance quality of the billing that is collected in this order. (c) To formulate proposals for their best practical implementation and in relation to their future development.

2. The Commission shall be chaired by the Director-General for Telecommunications and Information Technology, acting as Vice-President, the Deputy Director-General responsible for the matter and as Secretary, with a voice but without a vote, an official belonging to that Subdirectorate General and will have the following Vocals:

a) One for each of the associations, operators and users, with greater presence in the telecommunications sector.

b) One, representing the operators designated for the provision of universal service. c) One, representing the Consumers and Users Council. d) One, representing the whole of the Autonomous Communities and the cities of Ceuta and Melilla. (e) One, on behalf of the Telecommunications Market Committee. (f) One on behalf of the Services of the Directorate-General for Telecommunications and Information Technologies with competence in the field.

3. The previous Vowels shall be appointed by the Director General of Telecommunications and Information Technologies, on the proposal of the aforementioned entities.

4. The Commission shall have its own internal rules of operation.

Additional disposition first. Breakdown of the detailed billing.

1. In accordance with Article 112 of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, consumers who are natural persons and other end users will have the right to have the telephone service operators available to the public to submit invoices for the charges they have incurred, properly differentiating the price concepts that would be charged for the services which are provided, and even on request, to have independent invoices submitted to them additional charging services and other higher rate services.

2. Furthermore, the end users of the telephone service available to the public will have the right to obtain detailed billing, without prejudice to the right of subscribers not to receive broken invoices, with the basic level of detail defined as the includes the separate identification of the following items:

a) The billing period.

b) The fixed monthly fee. c) Other fixed monthly charges. (d) Any non-recurring fixed quota. (e) Detail of all communications invoiced, excluding communications in the form of low-priced tariff groups, such as, metropolitan, tariff rates below the equivalent of 3 euro cents per minute or In the case of a normal schedule, less than 20 euro cents per communication. This detail must include: the called number, the date and time of the call, the duration of the call, the rate applied, and the total cost of the call. Calls which are free of charge to the subscriber making the call shall not be included in the detailed invoice for that subscriber. (f) Data aggregated by differentiated tariff groups, such as: metropolitan, national, international, mobile and additional charging, including the number of calls made, the total number of minutes, and the total cost of each group. g) Total invoiced. (h) Total VAT or equivalent tax applicable to it. (i) Total amount of the invoice, including taxes.

3. In accordance with Article 35.2.e of the Regulation referred to in paragraph 1 above, the basic level of details of the invoices for the telephone service available to the public shall be offered free of charge by the operator providing the service. as a universal service obligation.

In other cases, where operators do not offer such a basic level of detail free of charge, they must specify their price within the terms of the provision of the service. However, where an invoice is the subject of a complaint, in accordance with the procedure laid down in Article 104 (2) of the abovementioned Regulation, the operator shall provide the level of free, at the request of the subscriber, free of charge. basic detail of the claimed invoice. 4. The breakdown laid down in this additional provision is without prejudice to those laid down in paragraphs 8 and 11 of Order PRE/361/2002 of 14 February 2002 for the development of the rights of users and of the services for additional training, Title IV of Royal Decree 1736/1998 of 31 July 1998, approving the Regulation implementing Title III of the General Law on Telecommunications, in the wording given by Order PRE/2410/2004, of 20 July.

Additional provision second. Detailed rules for the presentation of the invoice broken down for the purposes of the protection of personal data.

Without prejudice to the right of subscribers not to receive broken invoices, provided for in Article 38.3 of Law 32/2003 of 3 November, General Telecommunications, these, upon request, will have the right to operators presents the basic level of detail of the invoices of the available telephone service to the public, referred to in the first provision of this order, in the form of presentation consisting in the concealment of the last three figures of the number called.

By resolution of the Secretary of State for Telecommunications and the Information Society, it will be possible to modify the previous presentation mode and add new ones.

Additional provision third. Publication of quality of service information by other operators.

Operators not falling within the scope of Article 2 of this order shall publish the quality of service information referred to in Article 110 of the Regulation on the conditions for the provision of services. electronic communications, universal service and the protection of users, in accordance with definitions and methods of measurement collected in national or international standards in such a way as to cover the most important elements of the provision of the service. The publication of such information shall be made in such a way as to make it clear to the end user with indication, where appropriate, of the reliability guarantees provided by third parties.

Additional provision fourth. Referral of data to the Telecommunications Market Committee.

The Secretariat of State of Telecommunications and the Information Society will forward to the Commission of the Telecommunications Market, upon request, a copy of the data on quality of service that according to the provided for in this order by the operators, where necessary for the exercise of their duties.

First transient disposition. The start time of the measurements of the quality of service parameters.

1. Operators falling within the scope of Article 2 shall initiate the measurement of each of the parameters set out in Annex I which apply to them, on the basis of the data collected from the start dates indicated in the table. next:

Network Access Provisioning Time

Parameter	Start
Part I: Generals
01-04-2006
Internet access provisioning time.	01-01-2007
Proportion of problems in numerical portability procedures	01-07-2006
Proportion of fixed-access line fault warnings	01-04-2006
time failures for fixed access lines	01-04-2006
time for operator services	01-04-2006
time for directory query services	01-04-2006
time for queries on administrative and billing matters	01-07-2006
Customer Claims Frequency.	01-07-2006
Claims Resolution Time	01-07-2006
on invoice correction.	01-04-2006
Prepaid Card Balance Claims	01-04-2006
Part II: Related to calls
Proportion of calls failed	01-04-2006
setting time	01-04-2006
connection quality	01-01-2007
Speed of Internet access using "dial-up"	01-10-2006
Part III: Mobile Telephony
Proportion of failed calls for telephony	01-04-2006
Proportion of interrupted calls	01-04-2006
IV: Access to Internet
Proportion of successful user accesses.	01-01-2007
Proportion of failed data transmissions	01-01-2007
transmission rate achieved	01-01-2007

However, the start of the measurement of the general parameters, included in Part I, for the Internet access service, shall be initiated on the basis of the data collected from 1 January 2007, to coincide with the start date of the measurement of the specific parameters of Part IV.

2. Operators shall forward to the Secretariat of State of Telecommunications and to the Information Society the description of the relevant part of the measurement system referred to in Article 5, before the date of the start of the measurements. However, the parameters for which the start of the measurements are scheduled for 1 April 2006 may be delayed until 1 July 2006.

Second transient disposition. Procedure applicable until the start of the publication of the data.

1. Operators obliged in accordance with the provisions of Article 2 (1) shall forward to the Secretariat of State for Telecommunications and the Information Society, from the dates indicated in the transitional provision. first, the planned levels and the quarterly levels of quality of service achieved, as referred to in Article 4, without the need for an express request until after consultation of the Monitoring Committee referred to in Article 26, the The Secretary of State for Telecommunications and the Information Society considers that the information meets the minimum requirements necessary to start publication, and this will be notified to each operator. The information regarding the parameters not included in the previous consideration should continue to be submitted, without the need for an express request.

Information regarding the quarterly levels achieved must be submitted within 45 calendar days from the end of the quarter to which these levels relate. Planned levels will be communicated together with the first quarterly measurements and will be updated, where necessary, each quarter.

Transitional provision third. On the continuity of the measurements of the previous frame.

The operators of the fixed telephone service who had communicated to the Secretariat of State of Telecommunications and the Information Society the quarterly measures of quality of service, according to the established in the Order of the Ministry of Public Works of 14 October 1999 governing quality conditions in the provision of telecommunications services, as well as those of the telephone consultation service on subscriber numbers, which They have been making use of the additional provision third of Order CTE/711/2002, 26 of In March, the conditions for the provision of the telephone consultation service on subscriber numbers, which are also included in the scope of Article 2 of this order, will continue to be carried out in accordance with the established therein, including the additional criteria adopted, until the entry into force of those laid down in this order.

Transitional disposition fourth. First audits on quality of service.

The operators of the mobile telephone service, falling within the scope of Article 2, shall carry out the audit for the year 2006, as referred to in Article 6, with the retrospective part referred to the results of the measurements. for the second and third quarter of 2006 of the four parameters initially included, in accordance with the timetable set out in the first transitional provision, and the forward-looking part relating to the processes in use in the fourth quarter for the measurement of all parameters. The report of this audit shall be communicated to the Secretariat of State for Telecommunications and to the Information Society by 30 November 2006.

The operators of the Internet access service, falling within the scope of Article 2, shall carry out the audit for the year 2007, as referred to in Article 6, with the retrospective part referred to the results of the measurements. corresponding to the first quarter of 2007 and the prospective part on the adequacy of the processes in use involved. The report of this audit shall be communicated to the Secretariat of State for Telecommunications and to the Information Society by 1 June 2007. The operators of the fixed telephone service and the telephone consultation service on subscriber numbers, falling within the scope of Article 2, shall carry out the audit for the year 2007, as referred to in Article 6, with the retrospective part referred to the results of the measurements for the first quarter of 2007 and previous quarters not included in the last audit carried out in accordance with the previous framework and the prospective part on the adequacy of the processes in used for the measurement of all the parameters that apply to it. The report of this audit shall be communicated to the Secretariat of State for Telecommunications and to the Information Society by 1 June 2007.

Transient disposition fifth. Members of the Commission for Quality Monitoring at the Service of Telecommunications Services.

As long as the appointments referred to in Article 26 are not made, it will be considered as vowels that the entry into force of this order was part of the Commission for the Monitoring of Quality in the Provision of the Telecommunications Services set up by Article 16 of the Order of the Ministry of Public Works of 14 October 1999.

Transitional disposition sixth. Period of adaptation of the standard contracts.

Operators must adapt their standard contracts to the provisions of this order within two months of their entry into force.

Transitional disposition seventh. First audit on billing quality.

The operators falling within the scope of Article 17 shall submit the first audit referred to in Article 19 by 15 July 2007. This audit shall cover compliance with the requirements laid down and the improvement of the level of reliability laid down, over a period of not less than 6 months.

Transient disposition octave. Duration of Order PRE/361/2002 of 14 February 2002.

Until the approval of the ministerial order provided for in the eighth transitional provision of the Regulation approved by Royal Decree 424/2005 of 15 April, the Order PRE/361/2002 of 14 February 2002 will continue to apply. The Court of Justice has held that, in the light of the law of the Court of Justice, the Court of Justice and the Court of Justice of the European Union, the Court of Justice of the European Court of Justice and the Court of Justice of the European Union, Telecommunications, as amended by Order PRE 2410/2004 of 20 July.

Single repeal provision. Regulatory repeal.

1. The following rules are hereby repealed: (a) Order of the Ministry of Public Works of 14 October 1999 laying down quality conditions for the provision of telecommunications services.

(b) The additional provision third of Order CTE/711/2002 of 26 March 2002 laying down the conditions for the provision of the telephone consultation service on subscriber numbers.

2. The provisions of equal or lower rank to the present order which are contrary to the provisions of this Directive shall also be repealed.

Final disposition first. Authorisation of the Secretary of State to amend Annexes I and II.

The Secretary of State for Telecommunications and the Information Society is empowered to amend, by resolution published in the "Official State Gazette", the contents of Annexes I and II of this order, to the to harmonise them with the amendments to the ETSI EG 202 057 document incorporating the European Telecommunications Standards Institute (ETSI), in relation to the parameters referred to, as well as to establish the necessary additional criteria for to facilitate its implementation and to set the time limits necessary for its entry into force.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 29 March 2006.

MONTILA AGUILERA

ANNEX I

Parameters for the measure of the quality of service level; measure definition and method

PART I

General parameters

The definition, method of measurement and other considerations relating to the parameters included in this part will be understood in the terms set for that purpose in ETSI EG 202 057-1 V1.2.1 (2005-10), with the additional criteria that in order to facilitate its implementation by all operators, ensuring an acceptable degree of reliability and comparability of the measures, the Secretariat of State for Telecommunications and the Information Society may be adopted either ex officio or instances of the Monitoring Committee referred to in Article 26 of this order. The parameters included in this part are listed below in brackets, in brackets, in the paragraph in which it is set out in the aforementioned ETSI document EG 202 057-1.

I. 1 Time to provide access to the fixed network (referred to in paragraph 5.1 of ETSI EG 202 057-1).

I. 2 Time to supply Internet access (referred to in section 5.2 of ETSI EG 202 057-1). I. 3. Proportion of problems in numerical portability procedures (as set out in section 5.3 of ETSI EG 202 057-1). I. 4 Proportion of breakdown notices per fixed line of access (set out in paragraph 5.4 of ETSI EG 202 057-1). I. 5 Repair time for fixed access lines (set out in section 5.5 of ETSI EG 202 057-1). I. 6 Response time for operator services (referred to in paragraph 5.6 of ETSI EG 202 057-1). I. 7. Response time for the directory query services (listed in section 5.7 of ETSI EG 202 057-1). I. 8 Response time for consultations on administrative or billing matters (referred to in paragraph 5.8 of ETSI EG 202 057-1). I. 9 Frequency of customer complaints (referred to in paragraph 5.9 of ETSI EG 202 057-1). I. 10 Customer claims resolution time (referred to in paragraph 5.10 of ETSI EG 202 057-1), I. 11 Claims on correction of invoices (referred to in paragraph 5.11 of ETSI EG 202 057-1). I. 12 Claims on the correction of prepaid accounts (referred to in paragraph 5.12 of ETSI EG 202 057-1).

PART II

Call-related parameters

The definition, method of measurement and other considerations relating to the parameters included in this part will be understood in the terms set for that purpose in ETSI EG 202 057-2 V1.2.1 (2005-10), with the additional criteria that in order to facilitate its implementation by all operators, ensuring an acceptable degree of reliability and comparability of the measures, the Secretariat of State for Telecommunications and the Information Society may be adopted either ex officio or instances of the Monitoring Committee referred to in Article 26 of this order. The parameters included in this part are listed below in brackets, in brackets, in the paragraph in which it is set out in the aforementioned ETSI document EG 202 057-2.

II.1 Proportion of failed calls (set out in section 5.1 of ETSI EG 202 057-2).

II.2 Call setting time (collected in section 5.2 of ETSI EG 202 057-2). II.3 Quality of the voice connection (referred to in paragraph 5.3 of ETSI EG 202 057-2). II.4 Speed of internet access by means of dial-up (set out in section 5.5 of ETSI EG 202 057-2).

PART III

Specific parameters for mobile service

The definition, method of measurement and other considerations relating to the parameters included in this part will be understood in the terms set for that purpose in ETSI EG 202 057-3 V1.1.1 (2005-04), with the establish in this part and with the additional criteria that in order to facilitate their implementation by all operators ensuring an acceptable degree of reliability and comparability of the measures, the Secretary of State for Telecommunications and for the Information Society either on its own initiative or at the request of the Monitoring Committee to which the referred to in Article 26 of this order.

In the following sub-sections the form of realization of the measure through an automatic data collection system based on network meters, which corresponds to the situation of the networks of the three operators, is concrete. at the time of publication of this order. When an operator enters into its network new versions of software or equipment from other manufacturers that involve a change in the counters to be used for the measurement of the parameters in this Part III, it shall identify such counters, adapt the system of measurement and communicate it to other operators of mobile networks and to the Secretariat of State of Telecommunications and the Information Society. The parameters included in this part are: Proportion of failed calls for telephony (set out in section 6.4.1 of ETSI EG 202 057-3) and Proportion of interrupted calls (set out in section 6.4.2 of ETSI EG 202 057-3).

iII.1 Proportion of failed calls for telephony. The following formula shall be used for the measurement through an automatic data collection system based on network counters:

An image appears in the original. See the PDF document for this disposition.

Traffic Channel Take (TCH) attempts and TCH takeover successes refer to all telephony calls originating or terminated on the network of the operator performing the measure. III.1.1 Counters:

Each operator will obtain the measure through the existing counters on all MSC's of its network and in case due to the use of certain versions of the software provided by the supplier, the counters of any MSC will not function properly, the measure of that part of the network will be replaced by the one obtained through the counters of the BSC's. In each case, the formula to be used and the associated counters are: MSC counters. In this case the percentage of non-successful telephony calls for each MSC in the network is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

NCHAFRMTOT: TCH takeover attempts to make a mobile-originated call.

NCHATOMTOT: TCH takeover attempts to make a mobile terminated call. NCHAFRMSUCC: Successful Tomás of TCH to perform a mobile originated call. NCHATOMSUCC: TCH's successful Tomas to make a mobile-terminated call.

Ericsson BSC Counters.

The percentage of non-successful telephony calls for each Ericsson technology cell is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

TASSALL: TCH takeover attempts to make a call.

TFCASSALL: Successful TCH/F Tomas to make a call in underlaid subcells. THCASSALL: Successful Tomás of TCH/H to perform a call in subcells underlaid. TFCASALLSUB: Successful TCH/F Tomas to make a call in overlaid subcells. THCASALLSUB: Successful TCH/H Thomas to make a call in overlaid subcells.

Siemens BSC Counters:

The percentage of non-successful telephony calls for each Siemens technology BSC is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

TASSATT_2: accounts for the number of "Full rate" traffic channel allocation attempts that the BSC receives from the MSC.

TASSATT_3: accounts for the number of "Half rate" traffic channel allocation attempts that the BSC receives from the MSC. TASSUCC_2: Number of "ASSIGNMENT COMPLETE" messages sent from BSC to MSC for TCH/F. channels TASSUCC_3: Number of "ASSIGNMENT COMPLETE" messages sent from BSC to MSC for TCH/H. channels TASSUCC_4: Number of "ASSIGNMENT COMPLETE" messages sent from BSC to MSC for TCH/F channels by "directed retry". TASSUCC_5: Number of "ASSIGNMENT COMPLETE" messages sent from BSC to MSC for TCH/H channels by "directed retry".

Motorola BSC Counters:

The percentage of non-successful telephony calls for each Motorola technology cell is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

Ma_req_from msc: TCH takeover attempts for call.

Ma_complete_to_msc: TCH successful Tomas for call (does not include "handovers" from SDCCH to TCH). Assignment_redirection: Handover from SDCCH to successful TCH.

Nokia BSC Counters:

The percentage of non-successful telephony calls for each Nokia technology cell is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

Served_facch_req: TCH takes in FACCH mode.

Tch_Call_req: TCH takeover attempts for call. Tch_new_call_assign: TCH successful Tomas for call. Msc_o_sddcch_tch: Handover from SDCCH to successful outgoing TCH interBSS. Msc_i_sdcch_tch: Handover from SDCCH to successful inbound TCH interBSS.

III.2 Interrupted call ratio:

To perform the measurement through an automatic data collection system based on network counters the following formula will be used:

An image appears in the original. See the PDF document for this disposition.

In the formula all the calls interrupted as a result of failures causing the fall of the traffic channel (THC) after a successful takeover and all the successes of TCH for telephone calls originated or terminated on the network of the operator performing the measure. III.2.1 Counters:

Each operator, depending on the technology used in each case, will get the measure through the following counters: Ericsson's BSC counters: The percentage of calls interrupted for each Ericsson technology cell is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

TFNDROP: Calls dropped on "Full Rate" channels of underlaid subcells.

THNDROP: Calls dropped on "Half Rate" channels of underlaid subcells. TFNDROPSUB: Calls dropped on "Full Rate" channels of overlaid subcells. THNDROPSUB: Calls dropped in "Half Rate" channels of overlaid subcells. TFCASSALL: Successful TCH/F Tomas to make a call in underlaid subcells. THCASSALL: Successful Tomás of TCH/H to perform a call in subcells underlaid. TFCASSALLSUB: Successful TCH/F Tomas to make a call in overlaid subcells. THCASSALLSUB: Successful TCH/H Thomas to make a call in overlaid subcells.

Motorola BSC Counters:

The percentage of calls interrupted for each Motorola technology cell is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

Calls falls = intra_cell_ho_los + o_intr_bs_ho_los + rf_loss_tch_roll + emerg_tch_kill + o_inter_bs_ho_atm-o_inter_bs_ho_suc-o_inter_bs_ho_ret.

Calls set = total_calls + assignment_redirection. rf_loss_tch_roll: Calls dropped for RF problems (power level too low, Timing Advance excessive, or insufficient quality). intra_cell_ho_los: "Handover intracell" failures where the call was dropped because it was unable to return to the old TCH. o_intr_bs_ho_los: Outbound HO intra-BSC failures where the call was dropped because it was unable to return to the old TCH. o_inter_bs_ho_atm-o_inter_bs_ho_suc-o_inter_bs_ho_ret: Outbound HO inter-BSC failures where the call was dropped because it failed to return to the old TCH (attempts -successes-returns to the old TCH). emerg_tch_kill: Calls dropped because an emergency call is given priority. Total_calls: TCH successful Tomas for call (does not include HO from SDCCH to TCH). assignment_redirection: Handover successful from SDCCH to TCH.

Nokia BSC Counters:

The percentage of phone calls interrupted for each Nokia technology cell, using the 57000 family counters, is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

Caids= tch_new_call_assign + tch_ho_assign-tch_norm_release-tch_ho_release.

Calls set = tch_new_call_assign. and:

tch_norm_release: Free releases of TCH due to call completion.

tch_ho_release: TCH releases after successful handover. tch_ho_assign: TCH assignments for handling. Tch_new_call_assign: TCH successful Tomas for call.

Siemens BSC Counters:

The percentage of calls interrupted for each BSC of Siemens technology is obtained as:

An image appears in the original. See the PDF document for this disposition.

where:

NRFLTCH_1 ... NRFLTCH_36: Account for all falls of TCH channels set to "full rate" or "half rate", grouping the different causes of the falls and the different cell types in which they occur.

UNIHIALC: Number of failed intra cell handling, with loss of call. This counter determines the number of failed intracellular handovers and the RF connection to the mobile has been lost when the mobile has attempted to return to the old channel. UNIHIRLC: Number of intercell handovers failed, with loss of call. It accounts for the number of failed intercell handovers within the BSC (intra-BSC) and the RF connection to the mobile has been lost when it has attempted to return to the old channel. TASSUCC_2: Number of "Assignment complete" messages sent from BSC to MSC for TCH/F. channels TASSUCC_3: Number of "Assignment Complete" messages sent from BSC to MSC for TCH/H. channels TASSUCC_4: Number of "Assignment complete" messages sent from BSC to MSC for TCH/F channels by "directed retry".

TASSUCC_5: Number of "Assignment complete" messages sent from BSC to MSC for TCH/H channels by "directed".

PART IV

Specific parameters for the Internet access service

The definition, method of measurement and other considerations relating to the parameters included in this part will be understood in the terms set out in the ETSI document EG 202 057-4 V1.1.1 (2005-10), with the establish in this part and with the additional criteria that, in order to facilitate their implementation by all operators ensuring an acceptable degree of reliability and comparability of the measures, the Secretary of State for Telecommunications and for the Information Society either on its own initiative or at the request of the Monitoring Committee to which the referred to in Article 26 of this order.

These parameters will be measured separately for the different modes of Internet access marketed by each operator. The measurements will be performed on specific traffic of tests that will share the network resources of the ISP with the actual traffic generated by the users of this one.

IV.1 Proportion of successful user accesses. -The definition and method of measurement set out in section 5.4 of the ETSI document EG 202 057-4, with the following matization, will be applicable: In the calculation of this parameter will compute all failed connection attempts, including both those that the failure is due to the access network and the Internet access provider's equipment.

IV.2 Proportion of failed data transmissions. The definition and method of measurement set out in section 5.3 of the ETSI EG 202 057-4 document shall apply, with the following matization:

A transmission attempt is considered to have failed when since the start of the transmission request for a size test file (expressed in kilobits) equal to eight times the maximum nominal speed of theoretical transfer of the connection (expressed in kilobits/second) the transmission fails to complete without errors before 60 seconds, or the proportionally equivalent time according to the ratio between the file size and the speed of the connection.

IV.3 Data transmission rate achieved.-The definition and methods of measures set out in section 5.2 of the ETSI document EG 202 057-4 shall apply, with the following matization:

The data transfer rate achieved will be calculated in relation to the data transmission rate obtained by the users in the download of files on their computer or terminal equipment.

ANNEX II Requirements applicable to the global billing quality assurance system

For the purposes of this Attachment, a global billing system can be broken down into the following processes:

a) Measurement and recording of consumption: comprising the creation and storage of detailed call records (known as CDR's) by means of a switchgear or other network element such as a Smart prepaid network platform or an IVR (voice activated response) platform.

b) CDR transfer: from the network element output to the input of the mediation element. (c) Mediation: acquisition and formatting of messages (known as MAF), receives the CDR's from the information collection systems of the central or generating centres, processes them, carrying out checks and validations, and converts them to a standard format to facilitate their subsequent guidance and assessment. In other words, it performs the correlation, reformatting (if necessary) and the distribution of CDR's towards the appropriate charging engine. d) Tarification, including Offerings/Discounts: assigns a price to each CDR. In this element (known by its acronym in English as MPS), the guide and the valuation are carried out by associating each record of consumption (periodic, non-periodic or external) to its respective client and to the price plans of that client with the object of which can be correctly valued. The charges and the consumptions are then valued. e) Billing: the preparation of the files for billing to customers, including recurring periodic payments and one-off payments. f) Balance reduction (prepaid): the application of a charge through the reduction of balance of a prepaid account. (g) Issue and shipment of invoices: preparation, printing and sending of invoices to customers. h) Order management: Registration of customer service requirements. i) Client activation/deactivation: the process of servicing a client or of ceasing to do so. (j) Claims management: the management of the billing claims submitted by the clients. (k) Customer balances: the authorisation and the payment of the customer balances. l) Management of tariffs: the implementation and publication of new tariffs and changes in tariffs.

Some operators may have more than one global billing system available to the end user, each covering their respective billing pool. In such cases, some items may be common to multiple global billing systems.

Also, the elements of a particular global billing system can depend on multiple operators. The following figure illustrates the typical functions of a global billing system, highlighting possible scenarios with the participation of several operators.

An image appears in the original. See the PDF document for this disposition.

Figure 1: Typical components of a global billing system

The shaded blocks reflect the traditional system of a single operator. The functions of the blocks (1), (2) and (3) are normally performed by the network operator. The functions of the blocks (4) and (5) can be performed by the same operator or by other operators providing services without a network. These blocks (4) and (5) can be managed by billing offices.

In the following sections of this Annex II, certain quality requirements are laid down that must be applied to a global billing system to obtain a comprehensive system of quality assurance of billing, in accordance with the guidelines of quality standards for use, such as those of the ISO 9000 family, in order to establish a continuous improvement cycle which has the ultimate objective of invoicing without errors. Those requirements shall be without prejudice to the provisions of contracts with users, as well as of the rules applicable to it, and in particular those relating to the defence of consumers and users.

AII.1 Requirements relating to the accuracy of the measurement and recording of consumption: recording of data associated with each call, data transmission and traffic mediation: a) Accuracy in measuring the consumption of a call means the degree of approximation between the call data stored in the call record (known as CDR) to be used to determine the amount to be invoiced or charged to the end user by the and its corresponding actual call data. In the case of data transmission services, the term referred to shall be understood as referring to a session.

The real beginning of a call is the instant, set from the official Spanish time provided by the responsible center-the Royal Observatory of the Navy-, in which the connection has been established extreme. The real end of the call is the instant, set from the official Spanish time, in which the connection is released. Unless otherwise specified in the general published rates or in those previously agreed with the user, the measure of the consumption of a call must be determined according to the following limits:

a.1) in cases where the charge depends on the duration of the call, the accuracy of the recorded measure must be: (i) between +/-1,000 milliseconds; or

(ii) between +0.01% (1 :10,000) to -0.02% (1 :5,000)

choosing the least rigorous of the two; and a.2) in cases where the charge depends on time windows, the measure must be registered with a margin of +/-1 second for the official Spanish time; and

a.3) in cases where the charge depends on the account of events of some kind, that account shall not be greater than 1/ 25,000 (0,004%) and not less than 1/1,000 (0,1%) of the actual value.

(b) Where, in a measure referred to in (a) (1), (2) and (3) above, systematic errors in the time or accounts which would result in erroneous charges are evidenced, they shall be corrected, in accordance with the the appropriate correction value, before they are used for the calculation of the charge corresponding to that call.

c) When the pricing is a function of the geographical area, or distance, it will be obtained from the registered call numbers, both the number corresponding to the source end, and the destination end. In the case of calls to value added services, all significant digits of the national telephone number of the end of the call and the number of access to the value added service shall be recorded. (d) Relevant data relating to the measurement of consumption that may influence charges to be invoiced shall be stored and made available for a period of at least 18 months. However, where for data relating to lower rate calls, such as local tariff calls, it is sufficient for the operator to offer this possibility to the user, for example, after contracting a further breakdown of the invoice. (e) Any interruption of the measurement and storage system shall not affect the charges per call, for example, with the charge of a new call establishment fee. f) When sending the call records information from the measurement system to other systems for processing, the probability of transmission error shall be less than 10 exp (-10).

AII.2 Requirements relating to the management of tariffs and the pricing of events liable to charge:

(a) The general rates, applicable to all users, unless prior agreement in another sense with any specific user, will be published on the operator's website, in accordance with the provisions of the article 109.2 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, with an express indication of the date of entry into force. The operator must identify the address of the Internet page on the invoice and keep on that page an easily identifiable link to a historical file in which the rates of the basic concepts that have been in force in the Last 18 months. For these purposes, it will be understood that these are basic concepts that affect more than 5 percent of the bills.

(b) When a public domain document is made public, and there is a conflict in the information published in accordance with the preceding paragraph, the operator must:

b.1) confirm which document has priority for the purposes of this attachment, and

b.2) make such confirmation public so that it is available to end users.

(c) The rates shall indicate the resolution and, where applicable, the rounding of the charges, including the actual units of measure. When the price varies according to a choice made by the end user, these variations must appear in the general published rates.

d) All charges must be consistent with the general published rates or the previously agreed particular rates that are applicable to the user to whom the charge is made. (e) The rates for the duration of calls in which the unit of time is not the second, for example one minute, shall be converted to tariffs per second, unless otherwise stipulated. The euro rate per second will be calculated as a fraction of the relevant tariff, for example, 1/60 of the tariff per minute, and will be included in any additional calculation with a precision of four decimal places. (f) Unless other conditions have been agreed between the electronic communications service provider and the user, the net charge for the duration of a call shall be calculated by multiplying the duration of the call, in seconds, by the fee net per second. In the event of an initial exemption, for example, by the application of a call establishment fee, the call-in fee shall be deducted from the effective time of the call. g) If a fee varies in the course of a call, because there is a change in the pricing time window or if a non-linear rate model is applied, the charges will be calculated by adding the partial results of applying the criterion of the paragraph before each of the uniform sections in which the call is to be broken down. (h) Call charges shall include any discounts or surcharges applicable to you, in accordance with the agreed or previously agreed rates. In the case of prepaid accounts, the call charge will be increased with the corresponding value added tax.

AII.3 Requirements relating to the individual treatment of invoices:

(a) The operator must use appropriate specific measures to prevent large errors from being included in individual user invoices. For example, by submitting to research prior to its issuance, an invoice 10 times higher than the average.

(b) The operator shall have established and documented a process for the identification, investigation and processing of billing claims, creating appropriate records thereof. (c) The operator shall carry out an analysis of the root cause of each accepted claim, typifying these causes and establishing proportionate corrective actions. (d) Where the origin of an accepted claim affects other final user invoices, the invoices issued by the same casuistics shall be identified and, if practicable, the necessary corrective actions shall be taken to their regularisation as soon as possible. (e) In the case of invoices which have not yet been issued, a recalculation process shall be applied in order to correct those effects on the invoices to be issued on the date of issue originally committed to the user, or as soon as possible.

AII.4 Requirements regarding billing punctuality

(a) The operator shall ensure the timeliness of the issue of the invoice through a comprehensive monitoring of compliance with the established timeframes by means of a daily and cyclical process control system and another system of control of the quality of the billing outlets that allows to show the defaults and their consequences in an immediate way to try to avoid them.

The percentage of invoices issued with delay in respect of the total invoices issued is an indicator of the reliability of the billing. (b) Unless the general published or previously agreed rates contain alternative clauses, any event liable for details is not available when the invoice is being prepared, for example, for being the subject of some type of rejection or if it is necessary to have data provided by another operator-it must be included in an invoice that is issued no later than the fourth month after the date of occurrence of said event. The inclusion of an event that can be charged beyond the previous deadlines, will require its express communication to the user and its accounting as an invoice containing some concept billed with delay.

AII.5 Requirements relating to the reliability of the ration:

(a) Operators must systematically measure the reliability of invoicing, at least on the basis of the following indicators: a.1) Number of cases of use of a service resulting in events with a deficit in charge or not loaded, on the total of events susceptible of charge.

a.2) Number of cases of use of a service that result in events with overload, on the total of events susceptible of charge. a.3) Sum of the amounts of the errors in the events with deficit of charge or not charged, as a percentage on the amount of all the events liable. a.4) Sum of the amounts of the errors in the events with overload, as a percentage on the amount of all the events susceptible of charge. a.5) The number of invoices that contain some concept billed with delay with respect to the committed date, as a percentage of the total bills issued. a.6) The number of invoices issued late on the committed date, as a percentage of the total invoices issued.

(b) Operators should set targets for these indicators and review them periodically on the basis of the results they achieve in consistency with the implementation of the continuous improvement cycle.

c) The following indicator values are considered to correspond to reasonable assurance of billing reliability.

Indicator	Value
Events loaded with Deficit charge or not loaded	< 0.01% (1 :10K)
Events with overloaded	< 0.002% (1 :50K)
Value with charge or not loaded deficit	< 0.05% (1 :2K)
Overload Value	< 0.002% (1 :50K)
Invoices that have some concept delayed	< 2%
-issued invoices	< 1.5%

Table 1: Reference values of the billing reliability indicators. Note: A charge deficit or overcharge shall be deemed to exist, where the difference between the actual value and the actual value of the charge is higher than the half-hundredth of the euro. AII.6 Invoices with participation from multiple operators

(a) When certain functions of a particular global operator billing system are performed by another operator, compliance with the reliability indicators described in the previous paragraph shall be distributed equitably between each operator according to its activity. Such equitable distributions shall be established in a contractual manner between operators and shall be binding. (b) If the operator, the recipient responsible for invoicing, finds evidence that the information provided by another operator contains errors, if these are not corrected, they shall be accounted for by the receiving operator for the purposes of the reliability described in the previous section.