Law 32/2003 of 3 November, General Telecommunications, has established a new regulatory framework for telecommunications in our legal system. Its titles II and III require a regulatory development which delimits the scope of both general and public service obligations imposed on operators. Other aspects, such as the regulation of the register of operators, the procedure for obtaining the operator status and the rights of users, must also be laid down by regulation.

In the section on enabling services and the establishment of electronic communications networks, the regulation includes the general scheme for the provision of services and the establishment and operation of networks. established by law. Since there are no individual enabling qualifications for each operator and service, a repertoire of rights and obligations is established which are of direct application to operators, distinguishing between network operators and providers. of services such as telephone service providers and other services.

In the regulation of public service obligations, the universal service stands out, as a set of benefits that must be guaranteed to all end users, at an affordable price and regardless of their location in the territory. The determination and scope of the benefits it includes are defined, the procedures for the designation of the operators responsible for guaranteeing it are defined and, finally, the criteria for determining their cost and the taxation, if necessary, of its financing mechanism.

Special attention is paid to the protection of personal data in the provision of electronic communications services. In this respect, it should be noted that this is done through the regulation from a threefold point of view: the processing of the data held by the operators relating to the traffic, billing and location of subscribers and users, the development of telephone guides for subscriber numbers and the provision of advanced telephony services, such as the identification of the source line, and the automatic diversion of calls.

This regulation, like the law, guarantees the secrecy of communications. It incorporates the procedure for the legal intercepts of communications that, according to the provisions of article 579 of the Law of Criminal Procedure in the Organic Law 2/2002, of May 6, regulatory of judicial control prior to the National Intelligence Center, and other norms with a range of organic law, can order the judicial authority. The technical and operational requirements are established to ensure that such legal requirements are properly addressed by electronic communications operators.

addition, the other rights of users of electronic communications services are regulated, in such aspects as the content of contracts between end users and operators, the right of disconnection from certain services, the right to compensation for the interruption of the service or the procedure for the suspension or interruption of the service in situations of default by the subscribers.

While the main content of the regulation is, as indicated, the development of Title III and Chapter I of Title II, it has been necessary to make certain amendments to existing rules governing communications electronics and telecommunications. Thus, the regulation of the development of Law 11/1998, of 24 April, concerning the use of radio public domain, approved by the Order of the Minister of Public Works of 9 March 2000, is amended with the aim of adapting its content to that of the Law 32/2003 of 3 November, General Telecommunications, in particular in matters relating to competences and procedures.

Another rule in which amendments have been made is Royal Decree 1029/2002 of 4 October establishing the composition and the working arrangements of the Advisory Council for Telecommunications and Society of the Information. The disappearance of general authorisations and individual licences as individual enabling titles makes it necessary to correct certain references in the composition of the Council. This is a reason for the need to amend the Regulation laying down conditions for the protection of public radio broadcasting, restrictions on radio emissions and measures for health protection against emissions. radio, approved by Royal Decree 1066/2001 of 28 September 2001, as soon as it contains references to those titles.

The regulation also addresses problems that may arise from the entry into force of the regulation it contains. Among others, it is worth mentioning the transition from the old registers of individual licence holders and general authorisations to the new Register of operators, the designation of the operator in charge and the provision of universal service and the user rights regime.

This provision, moreover, complements the transposition of the Community Directives which make up the regulatory framework for electronic communications, i.e. Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, on a common regulatory framework for electronic communications networks and services; Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of networks and services electronic communications; Directive 2002/22/EC of the European Parliament and of the Council of 7 Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to electronic communications networks and electronic communications services; Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to electronic communications networks and services to the electronic communications networks and associated resources, and to their interconnection; Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services, and, finally, Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, on the processing of personal data and the protection of privacy in the electronic communications sector.

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

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 15 April 2005,

D I S P O N G O:

Single item. Adoption of the Regulation.

The Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, which is inserted below, is approved.

Single additional disposition. Transformation of enabling titles for the use of radio public domain.

In application of the provisions of paragraph 2 (c) of the first transitional provision of Law 32/2003 of 3 November, General Telecommunications, are transformed into administrative authorization for the private use of the Radio and television broadcasting the public domain of the individual licences for self-provision with a demanial concession of that domain, and the period of duration for which they were granted is maintained. The competent authorities in the management of radio spectrum shall, on their own initiative, carry out the corresponding entries in the securities and cancel the self-service licence.

First transient disposition. Enabling titles for the use of radio public domain.

1. The procedures for granting rights of use to the public radio domain initiated before the entry into force of this royal decree will continue to be processed in accordance with the previous rules, but in accordance with paragraph 8 of the First transitional provision of Law 32/2003 of 3 November, General Telecommunications, the enabling title which, if any, will be granted shall correspond to those provided for in that law and in the Regulation approved by the Order of 9 March of 2000, in its wording given by the final disposition of this royal decree.

2. Until the effective establishment of the State Radiocommunications Agency, the competence for the processing and resolution of the procedures relating to the management of the radio public domain will continue to correspond to the organs of the Ministry of Industry, Tourism and Trade that had been attributed to it until the entry into force of Law 32/2003, of 3 November, General of Telecommunications.

3. Concessions for the private use of public radio broadcasting granted prior to the entry into force of this Regulation annexed to an individual licence for the provision of services to third parties shall be considered as independent of the enabling the holder of the said demanial concession for the provision of the service or the operation of the electronic communications network, and the period of validity for which they were granted shall be maintained.

Second transient disposition. Application models set out in Annex III to the Order of 22 September 1998 laying down the arrangements applicable to individual licences for telecommunications services and networks and the conditions to be met by their headlines.

The application models set out in Annex III to the Order of 22 September 1998 laying down the arrangements applicable to individual licences for telecommunications services and networks and the conditions under which they may be applied they must be fulfilled by their holders, they will remain in force until they are replaced by those adopted by ministerial order. Such models shall be construed as referring to the enabling title corresponding to the use of radio public domain.

Transitional provision third. Composition of the Advisory Board of Telecommunications and the Information Society.

By resolution of the President of the Telecommunications and Information Society Advisory Council, the appointments and the cesses of the Council members will be carried out to adapt their composition to the provisions of the final disposition of this royal decree.

Until the resolution referred to in the preceding paragraph is given, the vowels whose representation disappears in accordance with the provisions of the second final provision shall continue as members of the Council.

Single repeal provision. Regulatory repeal.

The provisions of equal or lower rank that are contrary to the provisions of this royal decree are hereby repealed, and in particular the following:

(a) Royal Decree 1736/1998 of 31 July 1998 approving the Regulation implementing Title III of the General Law on Telecommunications as regards universal service, to the other obligations of service public and public obligations in the provision of services and in the operation of telecommunications networks.

(b) Royal Decree 1652/1998 of 24 July 1998 approving the Regulation of the special registers of holders of individual licences and holders of general authorisations for the operation of services and for the the establishment and operation of telecommunications networks, and the Regulation of the Single Window Procedure for the submission of applications or notifications for the purpose of obtaining such securities.

(c) The Order of 22 September 1998 laying down the arrangements applicable to individual licences for telecommunications services and networks and the conditions to be met by their holders.

(d) The Order of 22 September 1998 laying down the arrangements applicable to general authorisations for telecommunications services and networks and the conditions to be met by their holders.

e) The Order of 21 December 2001 regulating certain aspects of the universal telecommunications service.

Final disposition first. Amendment of the Implementing Regulation of Law 11/1998 of 24 April, General of Telecommunications, regarding the use of radio public domain.

The Regulation of the Development of Law 11/1998 of 24 April, General of Telecommunications, regarding the use of radio public domain, approved by the Order of the Minister of Public Works of 9 March 2000, is amended in the following terms:

One. The first, fourth and fifth paragraphs of Article 8 are worded as follows:

"Those interested in obtaining any enabling title for the use of the radio public domain shall submit their applications to the State Radiocommunications Agency."

" The State Radiocommunications Agency, before issuing the resolution on the granting or refusal of the enabling title necessary for the use of the radio public domain and within the time limit set for it, may require the applicant to provide any information or clarifications as to his or her application or the documents submitted. Denials of concessions based on the lack of accreditation of operator status shall be communicated to the Telecommunications Market Committee. "

" Where necessary to ensure the efficient management of radio spectrum, the State Radiocommunications Agency may amend the technical characteristics requested after hearing the person concerned and without prejudice to the maintenance of the service objectives proposed by the applicant. In this case, the validity of the awarded title shall be conditional upon its acceptance by the applicant. "

Two. Article 9 is worded as follows:

" Article 9. Deadlines for resolving and reporting.

1. The time limit for the granting and notification of authorisations and concessions for radio public domain shall be six weeks from the entry of the application in any of the records of the competent body. This time limit may be extended for the time required to achieve international frequency coordination or when it affects stocks of orbital positions.

2. By way of derogation from the above paragraph, where the enabling title for the use of the radio public domain is granted by means of a tendering procedure, the maximum time limit for resolving and reporting shall be eight months from the date of the convocation of this. "

Three. An initial point is added to the first paragraph and a fifth paragraph is added to Article 14, with the following wording:

"The granting and duration of the authorisations for the special use of the radio public domain, as well as the conditions for their holders, shall be established by ministerial order."

" Special use authorizations shall be of a personal nature and shall remain in force for as long as the holder does not express his or her resignation. However, the holder shall report to the Administration every five years, counted from the date of granting of the authorization, its intention to continue using the radio public domain. Failure to comply with this duty shall cause the authorization to be extinguished, subject to the processing of the relevant file, the procedure of which shall be established by ministerial order. "

Four. The first paragraph of Article 17 is worded as follows:

" The holders of the frequency allocations shall, in addition to the conditions imposed on them in the resolution of the radio spectrum use title, comply with the conditions for the authorisation regime. (a) the general rules applicable to the operation of the network or the provision of the service. "

Five. The first paragraph of Article 19 is worded as follows:

"Without prejudice to Article 37, the State Radiocommunications Agency shall, within the time limits laid down in each case, in accordance with Article 9, decide on the granting of the securities requested."

Six. The first paragraph of Article 20 is worded as follows:

"The State Radiocommunications Agency may refuse applications for any of the following reasons:"

Seven. The first and second paragraphs of Article 21 are worded as follows, and a fourth paragraph is added, with the following wording:

" Enabling securities that grant rights of use for the radio public domain, as referred to in Article 18, shall have the initial period of validity for each of them set out in the following Articles. Such enabling titles may be subject to successive extensions. "

" The State Radiocommunications Agency may, at any time, modify during the period of validity of an enabling title granting rights of private use on the public radio domain, the technical characteristics and the frequency bands assigned when this is necessary for their suitability for the national frequency allocation table, for reasons of efficient use of the radio spectrum, in accordance with the provisions of the Article 11, or by obligations arising from compliance with international or Community law. "

" By ministerial order, after hearing of the interested parties, of the user associations and report of the Commission of the Telecommunications Market, and with respect to the legislation on the patrimony of the Administrations public, the general conditions under which the enabling securities for the private use of the public radio domain are subject, in accordance with the principles of objectivity and proportionality, may be amended, and in particular the needs of planning and efficient use and spectrum availability radio. "

Eight. The first and second paragraphs of Article 23 are worded as follows:

" Failure to comply with the technical conditions and requirements applicable to the use of the public radio domain may result in the revocation, by the State Radiocommunications Agency, of the enabling title granted by the State. to their private use, after processing the relevant file, through the general procedure of Law 30/1992, of November 26.

Likewise, the loss of the operator status of the holder of the right of use of the radio public domain, for one of the reasons provided for in Chapter I of Title II of the Regulation concerning the conditions for the use of radio the provision of services or the operation of electronic communications networks, shall be carried out by means of concessions for the private use of such a domain. '

Nine. Article 24 (e) is worded as follows:

" e) For the loss of the operator status of the holder of the right of use of the radio public domain, in case of concessions of private use, or any cause that makes the provision of the service impossible its holder. '

Ten. Article 25 is worded as follows:

" Article 25. Pre-use inspection of spectrum.

In accordance with Article 45 of the General Telecommunications Law, it will be a prerequisite for the use of the radio public domain for the inspection or satisfactory recognition of the facilities by the State Agency. of Radiocommunications.

Depending on the nature of the service, the frequency band used, the technical importance of the facilities used or for reasons of efficiency in spectrum management, such inspection or recognition may be replaced by a certificate issued by a competent technician referred to in Article 45.4 of the General Telecommunications Act.

By resolution of the Secretary of State for Telecommunications and the Information Society, bands of frequencies or services may be established in which, in accordance with the preceding paragraph, the inspection may be replaced by the certification provided for in the. "

Once. Article 27 is worded as follows:

" Article 27. Submission of requests.

Those interested in obtaining an affectation of radio public domain will have to direct an application to the State Radiocommunications Agency, accompanied by a technical proposal in which the structure is precisely defined and technical characteristics of the communications network intended to be installed and the service or services to which it is intended to be used. "

Twelve. Article 29 is worded as follows:

" Article 29. Term of validity.

The affectations of radio public domain shall be granted for a maximum period of time, which shall end on 31 December of the calendar year in which it complies with its fifth term, extendable, upon request of its holder, by five-year periods. "

Thirteen. Article 30 is worded as follows:

" Article 30. Rights of private use of public radio.

The right of private use of radio public domain by natural or legal persons, or by public administrations and public authorities of which they are dependent, for purposes other than those expressed in Article 26, grant by a corresponding authorisation or grant by the State Radiocommunications Agency.

Concessions and authorizations granting the right to the private use of the public radio domain will be subject to the provisions of this regulation. However, the concessions granted by a tendering procedure shall apply to them as provided for in the ministerial order approving the relevant award of the award and in this Regulation in so far as it does not object to the that. "

Fourteen. Article 31 is worded as follows:

" Article 31. Concessions and authorisations for the proprietary use of radio-electric public domain.

The right to the private use of the public domain other than the one regulated in Chapter II of this Title shall be obtained by administrative concession, in the terms laid down in this Chapter. In order to obtain a demanial concession, the applicant must prove his operator status.

By way of derogation from the foregoing paragraph, the right to use of the radio public domain may be acquired by obtaining the corresponding administrative authorization when the use of such domain is carry out self-provision, except in the case of public administrations, which will require demanial involvement.

The concessions for the private use of the radio public domain will be granted for an initial period ending on 31 December of the calendar year in which it complies with its fifth term, renewable, at the request of the interested, for successive periods of five years.

Without prejudice to Article 6, demanial concessions shall be made accessible to the public by means of access via the Internet to the public register of radio frequencies, which shall be carried out by the State Agency Radio communications, in accordance with Article 47 of the General Telecommunications Law.

Once granted the granting of use of the radio public domain, it will be notified to the individual, who will be obliged to pay the Tax of Patrimonial Transmissions and Legal Acts Documented, according to their regulations regulatory.

The holder of the concession shall, within three months of the notification, credit the payment of the tax referred to in the preceding paragraph. Once such accreditation occurs, the concession shall be entered in the public register of radio frequencies within 15 days. After the three months without the accreditation being produced, the concession shall be revoked by resolution of the body competent to grant it in accordance with Article 23. '

Fifteen. The first paragraph of Article 32 is worded as follows:

"The transmission of the enabling title for spectrum use shall require the authorisation of the administrative body that granted it."

Sixteen. The first paragraph of Article 33 is worded as follows, and a third paragraph is added, with the following wording:

" The application for authorisation, together with the technical proposal, shall be addressed to the State Radiocommunications Agency, in form duly completed form. This form shall be approved by the State Radiocommunications Agency and published in the 'Official Gazette of the State'. '

" No rights of private use of the public radio domain shall be granted for use in self-provision in cases where the claim exceeds the offer and the tendering procedure provided for in the article applies. 37. "

seventeen. The first two paragraphs of Article 34 are worded as follows, and the words 'The Ministry of Public Works' shall be replaced in the third paragraph with the words 'The State Radiocommunications Agency may:'

" All authorisation shall be granted for an initial period of time which shall end on 31 December of the calendar year in which it complies with its fifth term, extendable for successive periods of five years.

If the holder wishes to extend the authorization, he must apply three months before the end of his term. If, at the end of the period of validity of the authorisation, the Administration has not acted on the request for an extension, the application shall be deemed to be dismissed. "

Eighteen. Article 35 is repealed.

nineteen. The heading of Section 3 is referred to as 'Radio public domain concessions granted by means of a tendering procedure'.

Twenty. Article 37 is worded as follows:

" Article 37. Limitation of the number of concessions due to the effective use of radio spectrum.

1. When necessary to ensure the effective use of radio spectrum, the State Radiocommunications Agency shall suspend the granting of concessions and propose to the Ministry of Industry, Tourism and Trade the limitation of the number of demanial concessions granted on that domain.

2. In the case provided for in the preceding paragraph, the following shall apply:

(a) The Ministry of Industry, Tourism and Trade will conduct a hearing procedure to ascertain the possible existence of interested parties in the provision of the service or the establishment and operation of the network. The opinion will be gathered in this process, apart from the stakeholders, the Consumers ' Council and Users.

(b) After the previous procedure, the Ministry of Industry, Tourism and Trade shall, where appropriate, adopt the decision to limit the number of concessions to be granted and suspend the granting of the enabling securities in the spectrum segment affected by such decision.

(c) By ministerial order, following the report of the Telecommunications Market Committee, the statement of bases and the call for a tender procedure for granting concessions will be approved. The specification must be set out in the specification:

1. The amount of spectrum associated, the characteristics of their use, the term of validity of the concessions, which may not exceed 20 years extendable, or any other characteristic or condition for their effective use.

2. The requirements and conditions to be met by tenderers and potential bidders, who must have the status of an operator at the time of completion of the tender deadline.

3. The award procedure, which may be a contest or auction, and which will in any case respect the principles of advertising, competition and non-discrimination.

4. The conditions under which the service is to be provided or the electronic communications network to be operated to which the public radio broadcast domain is intended.

d) In all the non-provision of the base documents in connection with the convocation, award, modification, transmission and extinction of the concessions granted through this procedure, the legislation of Contracts of public administrations

(e) The tendering procedure shall be resolved and notified within a maximum period of eight months from the publication of the call for tenders.

(f) The conditions under which the service is to be provided or the network operated through the use of the public radio spectrum awarded shall be those provided for in the General Telecommunications Law and its implementing legislation, specified in the specification and those specified by the successful tenderer in his proposal.

3. The limitation of the number of concessions for public radio broadcasting will be reviewed by the Ministry of Industry, Tourism and Trade, either on its own initiative or at the request of a party, to the extent that the causes that motivated it disappear. In the event of such a review, there shall be no right to compensation in favour of operators who have obtained their concessions by means of the tendering procedure, without prejudice to the right of those operators to cancel the guarantees which, where appropriate, would have been constituted in order to respond to undertakings given in the procedure. '

Twenty-one. Articles 38 and 39 are repealed.

Twenty-two. Article 40 (1) is worded as follows and a final indent is added to the last paragraph, with the following wording:

" 1. Where the procedure is initiated ex officio by the Administration, the resources obtained may be exploited under direct or indirect management. In the latter case, the State Radiocommunications Agency will propose to the Ministry of Industry, Tourism and Trade the call for the corresponding public tender. All expenses arising from this procedure shall be passed on to the successful tenderer at the time of the granting of the enabling title. "

" However, the provision of this guarantee shall not be required if, upon granting additional orbital resources to those already held by the holder, a security lodged by the holder shall be in force already in force. fulfilled. "

Twenty-three. The last paragraph of Article 40 is worded as follows and a paragraph 3 is added, with the following wording:

" Once the resource has been obtained, the Ministry of Industry, Tourism and Commerce will award the corresponding enabling title by direct award to the petitioner, which will take effect in case of a satellite launch, during their lifetime, without in any case being able to exceed 30 years since the award. "

" 3. The right of use of radio-spectrum public domain in the field of Spanish sovereignty for a government mission may be transferred by its holder to the third party to whom the Administration entrusted with the task that mission designates. The transfer shall be approved by the Ministry of Industry, Tourism and Trade and shall be carried out on the terms set by the Ministry of Industry, Tourism and Trade, after the report of the holder of the governmental mission.

The assignment referred to in the preceding paragraph shall be free of charge, and shall be valid for the full term of the enabling title of the orbital-spectrum resources or, alternatively, for the useful life of the governmental mission. "

Twenty-four. The first paragraph of Article 42 is worded as follows:

" The use of public radio broadcasting for the installation and operation of signal transport networks of radio and television broadcasting services will require the corresponding concession granted by the State administration. "

Twenty-five. Article 43 is repealed.

Twenty-six. Article 44 is worded as follows:

" Article 44. Concept, enabling titles and legal status.

They will have the consideration of short-term events the conduct of technical tests, the coverage of sports events and, in general, any use of the radio public domain for a short period of time. time.

The regime applicable to radio public domain authorisations for short-term events shall be as set out in Chapter III of this Title, with the exception of the provisions relating to its duration, which shall be an unrenewable maximum period of six months. '

Twenty-seven. A fourth additional provision is added, with the following wording:

" Additional provision fourth. Services in which the number of demanial concessions is limited.

In accordance with the provisions of Article 37, services are considered to be services in which, as the guarantee of the efficient use of the radio public domain is required, the number of concessions for the use of radio is limited. domain:

a) The automatic mobile phone service in its GSM mode.

b) The personal mobile communications service in its DCS 1800 mode.

c) The UMTS third-generation mobile communications service.

d) The video distribution service via the SDVM system (multipoint video distribution system).

e) The mobile communications service in closed groups of users with national digital technology. "

Final disposition second. Amendment of Royal Decree 1029/2002 of 4 October establishing the composition and working arrangements of the Advisory Council for Telecommunications and the Information Society.

Royal Decree 1029/2002 of 4 October establishing the composition and operating system of the Advisory Council for Telecommunications and the Information Society is amended as follows: terms:

One. The first paragraph of Article 1 is worded as follows:

" The Advisory Board of Telecommunications and the Information Society, provided for in the fifth additional provision of Law 32/2003 of 3 November, General Telecommunications, is an advisory body of the Government in Telecommunications and the Information Society. "

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

"b) Know and report legislative and regulatory projects, in application of Law 32 /2003, 3 November, General Telecommunications."

Three. Article 4 is worded as follows:

" Article 4. Vowels.

1. They will be members of the Advisory Council for Telecommunications and the Information Society:

A) Representing the General Administration of the State:

(a) Six representatives of the Ministry of Industry, Tourism and Trade, appointed by the President of the Council, with at least one category of deputy director-general or equivalent, of which one is necessarily responsible for the Directorate-General General of Telecommunications and Information Technology, another to the Directorate General for the Development of the Information Society, and another will be the Secretary of the Council, who will also act as secretary of the Permanent Commission.

(b) In addition, they shall be members of the Council, appointed by the President, on a proposal from the holders of the respective departments, with a category, at least, of a deputy director-general or an equivalent, if any:

1. A representative of the Presidency of the Government.

2. A representative of each ministerial department and of the ministers provided for in Article 4.2 of Law 50/1997 of 27 November of the Government, if any.

3. A representative of the Superior Commission of Informatics and for the impulse of the Electronic Administration.

4. A representative of the Spanish Data Protection Agency.

B) On behalf of the local and regional authorities, they shall be appointed by the President of the Council:

a) A representative of each autonomous community, proposed by this community.

b) Two representatives of the local administration, proposed by the association of local state entities with greater implementation.

C) By industrialists and marketers, appointed by the President of the Council, on a proposal from the business associations of the sector:

a) Two representatives of the telecommunications equipment manufacturing industry.

b) A representative of the marketers and importers of telecommunication and information technology equipment.

c) Two representatives of the associations of the telecommunication installers.

d) Two representatives of the equipment manufacturing and application development industry related to the information society.

(D) By providers of telecommunications, broadcasting and information society services, designated by the President of the Council, on a proposal from the entities, undertakings, associations or management centres corresponding:

a) By Telecom Service Providers:

1. º Two representatives by operators of radio public domain concessions with limitation of number, granted by means of a tender procedure.

2. A representative for each entity providing the public service obligations provided for in Articles 22, 25.1 and 25.2.d) of Law 32/2003 of 3 November, General Telecommunications.

3. º A representative of the most representative association of the operators not included in the preceding paragraph.

4. A representative of the public service obligation entity provided for in paragraph 1 of the fourth transitional provision of the Law of 24 April 1998 on the development of Law 11/1998, General de Telecommunications, with regard to the use of radio public domain, approved by the Order of 9 March 2000.

b) By broadcast service providers:

1. A representative of the public service essential public service entity governed by Law 4/1980 of 10 January of the Statute of Radio and Television.

2. Two representatives of the entities or companies that provide the essential public service of television, regulated by Law 46/1983 of 26 December, regulating the third television channel.

3. A representative of each of the concessionary companies of the analogue private television service at national level, regulated by Law 10/1988 of 3 May.

4. A representative of the satellite television service providers.

5. º Two representatives of the companies holding the cable television broadcasting service regulated in Law 42/1995, of December 22.

6. º Two representatives of the digital television service providers of the digital television service at national level, provided that they do not manage another mode of the television service.

7. º Two representatives of the private television service providers of regional and local authority.

8. º Three representatives for the service providers of sound broadcasting: one, for the public sector; another, for the public sector autonomic, and a third, for the private sector.

c) By the service providers of the information society:

1. º One by the electronic signature certification service providers from among those operating in the Administration.

2. º One by the other providers of electronic signature certification services.

3. º One by the intermediary service providers of the information society.

4. º One by the most representative national-wide association of e-commerce services companies.

5. º One by the managing entity of the Internet domain name registry under the country code for Spain (".es").

E) By users:

(a) Two representatives of consumer and user associations, appointed by the President of the Council, on a proposal from the Consumers and Users Council.

(b) A representative of the telecommunications service user associations, appointed by the President of the Council, on a proposal from them.

(c) Two representatives of representative associations of Internet users, appointed by the President of the Council, on a proposal from the Council.

(d) A representative of the most representative association of disabled users to whom the provision of the universal service, in accordance with Article 22.1.d) of Law 32/2003 of 3 November, must be guaranteed, General Telecommunications.

F) By the trade unions, four representatives of the trade union organisations, appointed by the President of the Council, on a proposal from the latter. The number of representatives of each trade union organization shall be proportional to that of the representatives obtained in the union elections, at the state level, in the telecommunications sector and in the information society.

G) By public law corporations in defense of professional or sectoral interests, four representatives:

(a) One by the Official College of Telecommunications Engineers and another by the Official College of Telecommunications Engineering Engineers, appointed by the President, on a proposal from each of them.

b) One by the professional colleges corresponding to engineering degrees not represented in the previous paragraph, on a proposal from the Royal Academy of Engineering.

c) One by the Superior Council of Chambers of Commerce, Industry and Navigation of Spain, to your proposal.

H) Up to a maximum of four vowels, appointed by the President of the Council, among persons of recognized prestige in the telecommunications and information society sector.

2. The representation of the members of the Advisory Board in the Standing Committee of this body shall be made in accordance with Article 13.

3. The designation of vowels, when carried out on a proposal from associations or entities, shall be in accordance with the proposal. "

Four. Article 13 (1) is worded as follows:

" 1. The Standing Committee shall be composed of the Vice-Presidents and the following vowels:

(a) Six of the group in Article 4.1 (A), of which three shall correspond to the Ministry of Industry, Tourism and Trade; one, to the Ministry of Defence; one, to the Ministry of Public Administration, and one to the Ministry of Economy and Finance. Of the first three, one will belong to the Directorate-General for Telecommunications and Information Technologies; one will be to the Directorate-General for the Development of the Information Society, and the third will be the Secretary of the Council, who will shall also act as secretary of the Standing Committee.

(b) Two of the group in Article 4.1 (B), one of which shall be the responsibility of the Autonomous Communities, proposed by them, and the other of the Local Administration, to their proposal.

(c) Two of the group in Article 4.1 (C), of which one shall be the responsibility of the telecommunications equipment manufacturing industry, and the other, on the traders and importers of telecommunications and telecommunications equipment. information technologies.

(d) Five of the group (a) of Article 4.1 (D), distributed as follows:

1. No. One for each provider of the public service obligations of Articles 22, 25.1 and 25.2.d) of Law 32/2003 of 3 November, General Telecommunications.

2. º One representing the most representative association of the operators not included in the preceding paragraph.

3. One on behalf of the provider of the public service obligation provided for in paragraph 1 of the fourth transitional provision of the Regulation on the use of radio public domain.

(e) Five of Article 4.1 (D) (b), distributed as follows:

1. A representative of the state public service providers of broadcasting and television services.

2. A representative of the regional public service providers of broadcasting and television services.

3. Two representatives of private television service providers included in paragraphs 4. º, 5., 6. and 7. of Group D. b) of Article 4.1.

4. A representative of the analogue private television sector at national level and in the private broadcasting sector included in paragraphs 3. and 8. of Article 4.1.d. (b).

(f) Two in accordance with Article 4.1 (D) (c), of which one shall correspond to the managing body of the Internet domain name registry under the code (".es"), and the other, to the other entities incorporated in that code. group.

(g) Four by the group in Article 4.1 (E), of which one shall correspond to each of the groups integrated in that paragraph.

h) One to the group in Article 4.1 (F).

(i) One of Group (a) (G) and (H) of Article 4.1 (H).

The vowels of each of the groups and sub-groups in the paragraphs of Article 4 shall elect from among their members the vowel or vowels to be part of the Standing Committee.

The alternate of each of the vowels and the Secretary of the Permanent Commission shall be the same as having such a condition in respect of the vowels and the Secretary of the Plenary Session of the Advisory Council, in accordance with the provisions of the Article 6. "

Five. The second subparagraph of Article 14 (1) is worded as follows:

" These papers, which will be considered by the Advisory Council's working groups, will be chaired by one of the members of the Council, appointed by its President, and made up of those decided by the Permanent Commission. They may be assisted by persons linked to the telecommunications and information society sector or experts in matters which are the subject of a study by the paper, designated by the chairman of the paper. "

Six. Article 14 (3) is repealed.

Final disposition third. Amendment of the Regulation laying down the procedure for the assessment of the conformity of telecommunications equipment, approved by Royal Decree 1890/2000 of 20 November.

The Regulation establishing the procedure for the conformity assessment of telecommunications equipment, approved by Royal Decree 1890/2000 of 20 November, is amended as follows:

One. Article 10 is worded as follows:

" Article 10. Regulated interfaces.

The Secretariat of State of Telecommunications and the Information Society will publish as a resolution in the 'Official State Gazette' the regulated interfaces in Spain that have been notified to the Commission European. "

Two. The fourth paragraph of Article 21 is worded as follows:

"As a consequence of the notification received, the data subject shall be notified if the national market and, where applicable, the restrictions of use or geographical limitations, for the use of that equipment, are appropriate."

Three. Article 30 (3) is worded as follows:

" 3. If the manufacturer, or his authorised representative established in the European Union or the person responsible for placing on the market, wishes to assess compliance under this Chapter, he shall submit the documents described above to a notified body of the European Union. In the case of opting for the intervention of the Secretariat of State of Telecommunications and the Information Society as a notified body, it shall submit the technical construction file, accompanied by its user manual, to the Secretary of State, and request the issuance of the technical report after the revision of the construction technical file, for which it will use, on a voluntary basis, the application model set out in Annex III.1. "

Four. Article 30 (5), (6) and (7) are worded as follows:

" 5. The Spanish notified body chosen shall review the technical construction file to verify compliance with all the provisions of this Regulation and may issue, within the maximum period of 28 calendar days from the receipt of the file, a the opinion to be sent to the manufacturer of the apparatus, to his authorised representative established in the European Union, or to the person responsible for placing the appliance on the market, and shall indicate whether his placing on the market is authorised by way of compliance with the essential requirements established at the time of issue of the opinion or, on the other hand, if the placing on the market is not authorised Market by considering that the documentation presented cannot be deduced that the apparatus is in conformity with the essential requirements that apply to it.

6. Once the opinion has been received by the applicant, and if positive, the apparatus may be placed on the European market, having completed the provisions of Article 21. In the case of contact with the Secretariat of State for Telecommunications and the Information Society for the implementation of this procedure, the application referred to in this Chapter and the notification referred to in Article 21 may be made, simultaneously.

7. If within four weeks, counted from receipt of the dossier by the notified body, no reply has been obtained in any way, the manufacturer or his authorised representative established in the European Union, or the person responsible for the On the market, the apparatus, marked as indicated above and under the conditions laid down in this Regulation, may be placed on the market. In the event of the selection of the Secretariat of State of Telecommunications and the Information Society as a notified body, the period of 28 calendar days shall be interrupted if the documentation submitted is incomplete, while is remedied by the applicant for the technical opinion, in accordance with Article 42.5.a) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. '

Five. The second paragraph of Article 32 is worded as follows:

" In the case of electing the Secretariat of State of Telecommunications and the Information Society, it will present the request to the Secretariat of State. For this purpose, the model set out in Annex III.2 may be used. "

Six. The first subparagraph of Article 33 (2) is worded as follows:

" 2. The notified body shall assess, in particular, whether the quality control system ensures compliance of the apparatus with the provisions of this Regulation, taking into account the documentation submitted, including, where appropriate, the results of the the tests provided by the manufacturer. '

Seven. Article 33 (3) and (4) are worded as follows:

" 3. Where the notified body is the Secretary of State for Telecommunications and the Information Society, the latter shall examine the documentation referred to in paragraph 1 of this Article and the result of the assessment carried out according to the criteria set out in paragraph 2, and shall issue the relevant authorisation within a period not exceeding two months. In the event that the Secretariat of State for Telecommunications and the Information Society has established additional requirements, the authorisation shall be granted on the basis of the assessment of the accredited entity and of the compliance with the the above requirements.

4. The manufacturer shall undertake to comply with the obligations arising from the quality system implemented, as approved, and to maintain it in a way that preserves its adequacy and effectiveness.

The manufacturer or his authorised representative shall inform the notified body and the accredited entity that it has assessed him of any adequacy that he intends to introduce into the quality system.

The notified body shall evaluate the proposed amendments and decide whether the modified quality system still complies with the requirements set out above or, if necessary, carry out a new assessment; and communicate its decision to the manufacturer. The notification shall contain the conclusions of the control and the reasoned decision of the assessment. '

Eight. The heading and Article 34 (1) shall be worded as follows:

" Article 34. EC surveillance of the quality system.

1. The purpose of the surveillance is to ensure that the manufacturer correctly complies with the obligations arising from the approved quality system, which maintains and applies it.

For this purpose, the notified body shall carry out or carry out appropriate inspections and audits at the manufacturer's premises and shall deliver a report to the manufacturer with the results obtained. "

Nine. Article 41 (2) is worded as follows:

" 2. In the event of disagreement, the opening of the relevant sanctioning dossier shall be proposed, without prejudice to the application of the precautionary measure provided for in Article 41a. '

Ten. Article 41 (5) is deleted.

Once. An Article 41a is added, with the following wording:

" Article 41a. Procedure for the withdrawal of equipment and equipment from the market.

The placing on the market of telecommunications equipment and apparatus which do not meet the requirements applicable to them for placing on the market, in accordance with the provisions of this Regulation, which pose a risk to the safety or health of persons or have caused or are reasonably considered to be liable to cause harmful interference, or serious damage to the network, as well as equipment and telecommunications equipment for which the Commission Europe has notified a safeguard clause, in accordance with the provisions of the 42, may result in the adoption by the Telecommunications Inspection Services of the precautionary measure consisting of the withdrawal of the relevant equipment and equipment from the market.

Such a measure shall be maintained until the opening of the relevant sanctioning dossier by the Telecommunications Inspection Services, or until, where appropriate, the verification of conformity with the requirements set out in this royal decree, without prejudice to the opinion of the European Commission on safeguard measures for telecommunications equipment adopted by other Member States of the European Union.

The procedure for removing the equipment and apparatus from the market may be carried out by any of the following:

a) Seizure and deposit in facilities or dependencies of the competent Administration.

(b) Withdrawal of equipment and apparatus on behalf of the manufacturer or, failing that, by the manufacturer responsible for placing on the market or placing on the market.

The procedure for the withdrawal from the market of equipment and apparatus will be subject to the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and may be agree on grounds of public interest in the application of the urgency procedure.

From the precautionary measure adopted, knowledge will be given to the European Commission, to the associations of manufacturers concerned, as well as to the National Consumer Institute and to the Consumers and Users ' Council. "

Twelve. Article 46 is worded as follows:

" Article 46. Spanish body notified.

In Spain, the Secretariat of State of Telecommunications and the Information Society is designated as a notified body for the implementation of the provisions of Chapters III, IV and V of Title III of this Regulation. The procedure for the designation of other notified bodies in Spain shall be governed by ministerial order, in which it shall be determined:

a) The scope of the designation.

b) The requirements for obtaining the designation.

c) The causes of extinction of the designation.

d) The rights and obligations of the designated entities. "

Thirteen. A further new provision is added to Royal Decree 1890/2000 of 20 November approving the Regulation laying down the procedure for the assessment of the conformity of telecommunications equipment with the following: wording:

" Additional Disposition Second. Notification to the National Consumer Institute.

Without prejudice to compliance with the provisions of the Regulation approving this Royal Decree, in cases where telecommunications equipment and apparatus pose a serious risk to the health and safety of the Consumers, by the Secretariat of State of Telecommunications and the Information Society, will be sent the notification corresponding to the National Institute of Consumption, as established by Royal Decree 1801/2003, of December 26, on general safety of the products, unless the serious risk is considered to have limited effects on the Spanish territory and it is not foreseen that its knowledge in the field of the European Community may be of interest. "

Final disposition fourth. Amendment of the Regulation laying down conditions for the protection of public radio broadcasting, restrictions on radio broadcasts and health protection measures against radio emissions, approved by the Royal Decree 1066/2001 of 28 September.

The Regulation establishing conditions for the protection of public radio broadcasting, restrictions on radio emissions and health protection measures against radio emissions, approved by the Royal Decree 1066/2001 of 28 September 2001 is amended as follows:

One. The first subparagraph of Article 8 (1) shall be worded as follows:

" 1. Operators setting up the networks or providing the services listed below shall submit a detailed study, carried out by a competent technician, indicating the levels of radio exposure in areas close to their fixed radio-electric installations in which persons may normally remain. These networks or services are as follows:

(a) Networks for the dissemination of sound broadcasting and television services.

b) Analog automatic mobile telephony services.

c) GSM automatic mobile phone service.

d) Personal mobile communications service DCS-1800.

e) Third generation mobile communications service.

f) Paging service.

g) Mobile communications service in closed user group.

h) Networks of fixed service by satellite, mobile satellite service and satellite broadcasting service.

i) Access service via LMDS radio. "

Two. The second subparagraph of Article 9 (3) is worded as follows:

" In addition, the operators referred to in Article 8 (1) shall submit to the Ministry of Industry, Tourism and Trade, in the first quarter of each calendar year, a certificate issued by a technical competent that the exposure limits set out in Annex II have been respected during the previous year. This ministry may extend this obligation to holders of other radio installations. "

Final disposition fifth. 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 sixth. Competence title.

This royal decree is issued under the exclusive jurisdiction over telecommunications recognized in article 149.1.21. of the Constitution.

Final disposition seventh. Entry into force.

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

Given in Madrid, on April 15, 2005.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

JOSE MONTILLA AGUILERA

REGULATION ON CONDITIONS FOR THE PROVISION OF ELECTRONIC COMMUNICATIONS SERVICES, UNIVERSAL SERVICE AND THE PROTECTION OF USERS

INDEX

Title I. General provisions.

Article 1. Purpose of the Regulation.

Article 2. Required subjects.

Article 3. Legal regime.

Title II. Exploitation of networks and the provision of electronic communications services under free competition.

Chapter I. General arrangements for the operation of networks and the provision of electronic communications services.

Article 4. General requirements.

Article 5. Notification to the Telecommunications Market Commission.

Article 6. Extinction of the enablement.

Chapter II. Operator registration.

Article 7. Object of the Operator Registry.

Article 8. Access to registration and issuance of certifications.

Article 9. Structure of the record.

Article 10. Enrollment in the registry.

Article 11. Normalized declaration of the notification and registration.

Article 12. Modification of the data entered.

Article 13. Other data included in the log.

Article 14. Cancellation of registration.

Chapter III. Conditions for the operation of networks and the provision of electronic communications services.

Article 15. Rights of operators.

Article 16. Conditions to be met by operators.

Article 17. General conditions.

Article 18. Conditions for operators to operate public electronic communications networks.

Article 19. Conditions for operators to operate public telephone networks.

Article 20. Conditions for operators to provide the available telephone service to the public.

Article 21. Obligations for the provision of information.

Article 22. Modification of the conditions required.

Title III. Public service obligations and public service obligations.

Chapter I. General provisions.

Article 23. Categories of public service obligations or public service obligations.

Article 24. Bound subjects.

Article 25. Competent administration.

Article 26. Principles applicable to the imposition of public service obligations.

Chapter II. Universal service.

Section 1. Th Universal Service Delimitation.

Article 27. Concept and delimitation of services that are included in the scope of universal service.

Article 28. Connection to the public network and access to publicly available telephone service.

Article 29. Network connection requests and maximum initial connection provisioning time.

Article 30. Telephone guides.

Article 31. Telephone consultation service on subscriber numbers.

Article 32. Public telephones for payment.

Article 33. Other measures to facilitate accessibility to service by persons with disabilities.

Article 34. Conditions relating to quality.

Section 2. An affordable universal service price character.

Article 35. Concept and objectives.

Section 3. Operators obligated to the benefit; procedure of designation of operators.

Article 36. Operator designation for the provision of universal service.

Article 37. Provision of the universal service by an operator designated by tender.

Article 38. Provision of universal service by operators with significant market power.

Section 4. th Net cost of universal service delivery.

Article 39. Determination of the existence of an unjustified load.

Article 40. Universal service cost components.

Article 41. Territorial component: non-performing areas.

Article 42. Social component: users with special needs.

Article 43. Concept of net cost. Recoverable and non-recoverable costs.

Article 44. Applicable criteria for the determination and imputation of costs.

Article 45. Consideration of associated income and derived benefits.

Article 46. Periodic determination of net cost, verification and administrative approval.

Section 5. Universal Service Financing.

Article 47. Operators required to finance universal service.

Article 48. Objectives and principles of funding.

Article 49. Parameters for the distribution of net cost between the operators obliged.

Article 50. National fund for the financing of universal service. Nature and purpose. Deleting the background.

Article 51. Resources of the national fund for the financing of universal service. Contributions and management.

Article 52. Fund administration costs.

Chapter III. Other public service obligations.

Article 53. Public service obligations provided for in Article 25 (1) of Law 32/2003 of 3 November, General Telecommunications.

Article 54. Public service obligations provided for in Article 25 (2) of Law 32/2003 of 3 November, General Telecommunications.

Article 55. Applicable principles for the determination of operators required to comply with the public service obligations provided for in this Chapter.

Article 56. Public service obligations for the transmission of certain channels and services of broadcasting and television programmes.

Title IV. The right of the operators to the occupation of the public domain, to be beneficiaries in the procedure of forced expropriation and conditions of establishment of easements and limitations.

Article 57. Right to the occupation of the public domain and to be a beneficiary in cases of forced expropriation.

Article 58. The right to be beneficiaries in the forced expropriation procedure.

Article 59. Public and private domain sharing for infrastructure installation.

Article 60. Other easements and limitations.

Title V. Obligations of a public nature. Secret of communications and protection of personal data.

Chapter I. Protection of personal data in the exploitation of networks and in the provision of publicly available electronic communications services.

Section 1. General Provisions.

Article 61. Scope of application.

Article 62. Protection and security of personal data.

Article 63. Legal regime.

Article 64. Definitions.

Section 2. Personal data relating to certain aspects of electronic communications services.

Article 65. Personal data about traffic and billing.

Article 66. Protection of personal data in broken billing.

Article 67. Electronic communications services guides available to the public.

Article 68. Provision of services for the development of subscriber guides and telephone consultation on subscriber numbers.

Article 69. Unsolicited calls for direct selling purposes.

Article 70. Location data other than traffic data.

Section 3. Protection of Personal Data in Advanced Telephony Services.

Article 71. Viewing and restricting the source and connected line.

Article 72. Delete in origin called to the source line identification call.

Article 73. Delete at source by line identification of the source line.

Article 74. Operator selection code.

Article 75. Deletion to target the source line identification.

Article 76. Filtering on target-less calls.

Article 77. Removing the delete at source from the source line identification.

Article 78. Permanent deletion to the target of the source line identity.

Article 79. Deleting the attached line identification.

Article 80. Technical characteristics.

Article 81. Responsibility of operators who have their networks interconnected.

Article 82. Automatic call diversion.

Chapter II. The legal interception of communications.

Section 1. General Provisions.

Article 83. Object.

Article 84. Definitions.

Article 85. Subject and obligation to collaborate.

Article 86. General requirements.

Article 87. Access to electronic communications.

Article 88. Information regarding the interception.

Section 2. Operational Requirements.

Article 89. Pre-interception information.

Article 90. Information for the interception.

Article 91. Places for interception.

Article 92. Authorized personnel.

Article 93. Confidentiality.

Article 94. Real-time access.

Article 95. Interception interfaces.

Article 96. Clear signal and quality of the delivered signal.

Article 97. Secret of communications.

Article 98. Multiple and concurrent intercepts.

Article 99. Term of execution of the interception.

Article 100. Credit for the cost of the interception.

Article 101. Violations.

Title VI. Rights of consumers who are natural persons and other end users.

Chapter I. General provisions.

Article 102. Object.

Article 103. Conditions for the provision of services.

Article 104. Conflict resolution procedures.

Chapter II. Contracts.

Article 105. Contracts for access to the public telephone network.

Article 106 Other contracts.

Article 107. Contractual modifications.

Article 108. Approval and notification of contracts.

Chapter III. Rights and obligations for transparency, information and quality.

Article 109. Transparency and publication of information.

Article 110. Obligations on quality and billing.

Article 111. Modification of offers.

Chapter IV. Rights in relation to the telephone service available to the public.

Article 112. Phone service billing.

Article 113. Right to disconnect certain services.

Article 114. Preservation of telephone numbers by subscribers.

Article 115. Right to compensation for temporary interruption of available telephone service to the public.

Article 116. Regulation of certain aspects of telephone service available to the public.

Article 117. Warranty deposits.

Article 118. Temporary suspension of publicly available telephone service from a fixed location.

Article 119. Definitive interruption of the available telephone service to the public from a fixed location.

Single additional disposition. Calculation of the net cost of universal service in the event of receipt of aid.

First transient disposition. Enabling titles for the provision of services and the establishment of electronic communications networks prior to this regulation.

Second transient disposition. Transitional regime applicable to universal service.

Transitional provision third. Validity of Order CTE/711/2002, of 26 March, of Royal Decree 903/1997 of 16 June 1997 and of the Order of 14 October 1999.

Transitional disposition fourth. Provision of the services referred to in the fourth transitional provision of Law 32/2003 of 3 November, General Telecommunications.

Transient disposition fifth. Public service obligations of the analogue TV carrier service.

Transitional disposition sixth. Deadline for compliance with the requirements for the legal interception of communications.

Transitional disposition seventh. Electronic communications service guides.

Transient disposition octave. Rights of consumers and users.

transient disposition ninth. Provisions concerning the provision of the facilities for the identification of the line of origin or the line connected.

Single end disposition. Normalized declaration model.

TITLE I

General provisions

Article 1. Purpose of the Regulation.

The purpose of this regulation is to regulate the conditions for the provision of services or the exploitation of electronic communications networks, under the development of Chapter I of Title II of Law 32/2003 of 3 November, General of Telecommunications, and of the public service obligations and the rights and obligations of public character applicable under the development of Title III of that law.

Article 2. Required subjects.

The rights and obligations governed by this regulation shall apply to operators and, without prejudice to the application of the sanctioning regime of Title VIII of Law 32/2003 of 3 November, General Telecommunications, to those who, without having made the notification referred to in Article 6 of that law, operate public electronic communications networks or provide publicly available electronic communications services.

The provisions of Chapter I of Title V of this Regulation shall also apply to those who, without being included in the preceding paragraph, carry out regulated activities in telecommunications regulations.

Article 3. Legal regime.

The general legal regime applicable to the exploitation of the networks and the provision of electronic communications services will be regulated in Law 32/2003 of 3 November, General Telecommunications, in this regulation. and, in the terms provided for in Article 20 of the law cited above, the system established for the granting of public service of the recast text of the Law on Public Administrations Contracts, approved by the Royal Decree Legislative 2/2000 of 16 June.

TITLE II

Exploitation of networks and provision of electronic communications services on a free competition basis

CHAPTER I

General system for the operation of networks and the provision of electronic communications services

Article 4. General requirements.

1. The exploitation of the networks and the provision of electronic communications services will be carried out under free competition, without any limitations other than those laid down in Law 32/2003 of 3 November, General Telecommunications, in this regulation and in the other provisions that develop it.

According to Article 8.4 of Law 32/2003, of 3 November, General of Telecommunications, in the operation of electronic communications networks or services by public administrations with economic consideration will be the conditions imposed, if any, by the Telecommunications Market Committee to ensure free competition.

The transitional provision by local authorities to their citizens of electronic communications services of general interest without economic consideration will require their prior notification to the Commission of the Market of the Telecommunications. Where it is found that that provision affects the market, in the light of the importance of the services provided, of the existence in that territorial area of market conditions allowing access to such services or the distortion of the market free competition, may impose specific conditions on those entities in the provision of services in accordance with the preceding paragraph.

2. They may exploit networks and provide electronic communications services to third parties to the natural or legal persons of a Member State of the European Union or to another nationality where, in the second case, that is provided for in the agreements. International relations with the Kingdom of Spain. For the rest of natural or legal persons, the Government may authorise exceptions of a general or particular nature to the previous rule.

3. In any event, natural or legal persons operating networks or providing electronic communications services to third parties shall designate a responsible person domiciled in Spain for the purposes of notifications, without prejudice to any to provide for international agreements. The address of the representative shall be understood to coincide with the address for the purposes of the notifications of the person represented.

4. The acquisition of the rights of use of the public domain radio, of occupation of the public domain or of the private property and of the resources of numbering, routing or denomination necessary for the exploitation of networks or for the the provision of electronic communications services shall be carried out in accordance with its specific rules.

Article 5. Notification to the Telecommunications Market Commission.

1. Those interested in the operation of a particular network or in the provision of a particular electronic communications service must, before the beginning of the activity, notify the Commission of the market of the Telecommunications, including the information referred to in paragraph 5. Once the notification has been made, the data subject shall acquire operator status and may commence the provision of the service or the operation of the network.

2. Operators shall notify the Telecommunications Market Commission every three years, from the initial notification, of their intention to continue the provision or operation of the network or service. The operator condition shall be maintained as long as it is not extinguished in accordance with Article 6.

3. If the notification does not meet the requirements set out in this Article and the formal defects, the Telecommunications Market Commission, within a period of not more than 15 days, will not have been properly remedied, it will dictate reasoned resolution, and the notification shall be taken for failure to do so. Such a decision may be brought before the administrative court, in accordance with the law of that jurisdiction.

4. They shall not be subject to the obligation of notification:

(a) The exploitation of networks and the provision of electronic communications services under self-provision.

(b) Electronic communications services and security or intercom facilities which, without connection to external networks and without the use of public radio, provide services to a building, a community of owners or within the same private property.

(c) Electronic communications services established between the premises of the same operator.

5. In the notification provided for in paragraph 1, the data subject shall include the following information, together with the documentation certifying its authenticity:

a) When it is a physical person:

1. First name and last name and, if applicable, those of the person representing it.

2. No. Number of the national identity card or, if foreign, nationality and passport number.

3. Home in Spain for the purposes of notifications.

4. Documentation that accredits the capacity and representation of the representative, if any.

(b) In the case of a legal person:

1. Social Reason.

2. Number of tax identification and registration data.

3. Home in Spain for the purposes of notifications.

4. The name of the person responsible for the notification effects.

5. Documentation that accredits the capacity and representation of the representative.

For foreign legal persons of Member States of the European Union and of the States signatory to the Agreement on the European Economic Area, the documentation certifying their capacity to act shall consist of: certification attesting to the registration in the registers which, according to the legislation in each State, is mandatory. For the other foreign legal persons, the presentation of a certificate issued by the Spanish diplomatic representation in which it is stated that they are registered in the local professional register will be necessary. or similar or, failing that, they act legally and with habituality in the field of the activities concerned.

(c) If a national person of a State is not a member of the European Union, an indication of the international convention which enables him to exploit networks or to provide electronic communications services in Spain or, in his defect, an indication of the agreement of the Council of Ministers which authorizes it exceptionally.

d) Description of the network or service that the data subject intends to exploit or provide, which shall include:

1. Brief description of network engineering and design, if any.

2. Type of technology or technologies used.

3. Description of the security and confidentiality measures that are planned to be implemented in the network, if any.

4. Service Functional Description.

5. Service Offering and its business description.

e) The expected start date of the activity.

f) Submission to Spanish courts and, if the interested party so wishes, to the arbitration of the Telecommunications Market Commission, in the terms laid down in its regulations and in Law 32/2003 of 3 November, General de Telecommunications, in order to resolve disputes arising in the exercise of their activity.

g) Statement responsible for compliance with the requirements.

Article 6. Extinction of the enablement.

1. The enabling for the operation of networks or the provision of electronic communications services shall be extinguished for the following reasons:

(a) The cessation of the activity of the enabled operator, which must be notified to the Telecommunications Market Commission.

b) Extinction of operator personality.

(c) By firm administrative sanction, in accordance with the provisions of Title VIII of Law 32/2003 of 3 November, General Telecommunications.

d) For the failure to notify the Telecommunications Market Commission of the operator's intention to continue with the provision or operation of the network or service, which, in accordance with Article 5.2, must be carried out three years. To this end, a contradictory procedure shall be dealt with in advance in accordance with the following paragraph, in which it is assessed whether the cessation of the operator's activity has occurred.

2. The termination of the operator's condition shall be established by resolution of the Telecommunications Market Committee, after the processing of the appropriate procedure. This procedure shall be initiated on its own initiative, in the following terms:

(a) In the case of paragraph 1 (a), after receipt of the notification by the data subject.

(b) In the case of paragraph (b), after receiving news of the extinction of the personality.

(c) In the case of paragraph (c), following receipt of the communication of the sanction imposed by the Ministry of Industry, Tourism and Trade or, where appropriate, after the imposition of the sanction by the Commission of the Market of the Telecommunications or the Spanish Data Protection Agency.

(d) In the case of paragraph (d), one month has elapsed since the end of the corresponding three-year period.

The resolutions declaring the termination of the status of operator shall be communicated to the Ministry of Industry, Tourism and Commerce.

CHAPTER II

Operator Registry

Article 7. Object of the Operator Registry.

1. The Register of operators of electronic communications networks and services is of an administrative nature, it is state-wide, it is up to the Commission of the Telecommunications Market and its conduct will correspond, in the terms established by this Regulation, to the body determining the regulatory standards of that Commission.

2. The Register of Operators (...) is intended to include the registration of natural or legal persons who have made the notification provided for in Article 5 of the electronic communications network or service which they intend to exploit or to provide. conditions applicable to the exercise of its activity and its amendments.

3. Registration in the Register of Operators shall be declarative.

Article 8. Access to registration and issuance of certifications.

1. The Register of Operators shall be public. The registered seats contained in it shall be free of access for consultation by any person who requests it.

You can also access the direct query of files and books. For this purpose, the registry officer shall provide interested parties with the consultation of the seats by computer-based means installed in the registry office and, where appropriate, through the website of the Commission of the Market of the Telecommunications.

2. Any natural or legal person may apply for certification from operators and other registered acts. The registration certificates will be the only means of proving the content of the registered seats. The issue of certifications at the request of a party will result in the perception of the corresponding fees in accordance with the provisions of Law 32/2003, of November 3, General of Telecommunications, and in its standards of development.

Article 9. Structure of the record.

1. Registration books will be carried out with the opening diligence signed by the President of the Telecommunications Market Commission and with the expression of the folios they contain, which will be numbered, sealed and signed. A portfolio for each operator will be opened in principle.

2. Each operator shall be assigned in the corresponding book a registration number which shall be that of the portfolio in which it is registered. Such a portfolio shall be followed by a number of others, in order, in turn, with an indication of the number corresponding to the initial portfolio, followed by a number reflecting the corresponding number of pages required for the registration of the modifications that proceed.

3. Auxiliary books, files, notebooks or files may be used by the record keeper to be appropriate for their proper functioning.

4. All the provisions of the above paragraphs may be carried out by computer means, provided that they have the corresponding documentary support.

Article 10. Enrollment in the registry.

The first registration will be carried out by the Telecommunications Market Commission on its own initiative within 15 days from the receipt of the notification referred to in Article 5, provided that all the requirements laid down in that Article. The following data shall be entered in that entry:

a) For the operator:

1. First and last name or, where applicable, name or social reason, nationality and address.

2. º The data relating to the registration in the Mercantile Register, if any.

3. Your number or tax identification code, as applicable.

4. º The address of the registered person and the address for the purposes of notifications as provided for in Article 4.3.

5. º The name and other personal data of your representative, if any.

6. The name of the person responsible for the notification effects.

(b) In relation to the electronic communications network or service which is intended to be operated or to be provided, the intended start date of the service shall be recorded and the information required to be provided by the person concerned; provided that it is not confidential.

Article 11. Normalized declaration of the notification and registration.

Without prejudice to the registration resolutions in the register having the effect of a standardised declaration that the operator has submitted the notification, the operator may, at any later time, request the Commission of the Telecommunications Market issuing a standardised declaration confirming that it has submitted the notification referred to in Article 6 of Law 32/2003 of 3 November, General Telecommunications, and that it has result entered in the Register of operators. The declaration shall detail the circumstances in which the operator has the right to occupy the public or private domain for the installation of electronic communications networks, to negotiate the interconnection and to obtain access or interconnection.

The normalized statements will be issued by the Secretary of the Telecommunications Market Commission, in accordance with the model approved by the Secretary of State for Telecommunications and the Society of Telecommunications. Information, within one week of the entry of the application into the register of the Commission.

Article 12. Modification of the data entered.

1. Once the first registration of an operator has been carried out, any changes shall be made to the Register in respect of the data entered, in relation to the holder as well as to the electronic communications network or service which is intend to operate or operate.

2. For the purposes of the preceding paragraph, the operator shall be obliged to inform the Telecommunications Market Committee of any changes to the data entered and to provide the documentation which is required for this purpose. accredit fehacently. The communication shall be made within a maximum of one month from the day of the modification.

When the modification originates in an act emanating from the Ministry of Industry, Tourism and Commerce or the Commission of the Telecommunications Market, the registration will be carried out by the latter. For these purposes, the Ministry of Industry, Tourism and Trade will send the relevant documentation to the Telecommunications Market Commission.

3. In the event that the registration or its modifications cannot be practiced due to the inadequacy of the documents provided by the person concerned, it will be required to complete them within 10 days.

4. After the deadline for communicating the amendments referred to in paragraph 2 or the amendment referred to in paragraph 3, without such communication or sub-healing having occurred, a sanctioning dossier may be initiated in accordance with the provided for in Title VIII of Law 32/2003 of 3 November, General Telecommunications.

Article 13. Other data included in the log.

1. An ex officio notice shall be made on the margin of the registration corresponding to the operators collecting the imposition of any firm sanction imposed in accordance with Title VIII of Law 32/2003 of 3 November, and shall in particular be include the disabling of the operator and the provisional closure of installations.

For the purposes of this paragraph, the Ministry of Industry, Tourism and Trade and the Spanish Data Protection Agency shall communicate to the Commission of the Telecommunications Market the final decisions and acts which, within the framework of their respective powers, impose the sanctions and the precautionary measures referred to in the preceding paragraph.

2. It shall also be stated, by means of a trade mark, if the operator submits to the arbitration of the Telecommunications Market Committee, in the terms laid down in its rules of procedure and in Law 32/2003 of 3 November, in order to resolve disputes arising in the exercise of their activity.

3. In addition, it may be possible to register as a preventive record the extra-registration situations which may affect the registered facts.

4. The notes and the preventive notes shall be cancelled if they are no longer than the budgets determined by their practice. In particular, the sanctions notes shall be cancelled after the time limits laid down in Article 57.2 of Law 32/2003 of 3 November.

Article 14. Cancellation of registration.

1. The registration of an operator shall be cancelled when its rating is extinguished by any of the causes set out in Article 6.2.

2. The cancellation of the registration shall be carried out on its own initiative by the person in charge of registration at the end of the file provided for in Article 6.2.

3. The Ministry of Industry, Tourism and Trade and the Spanish Data Protection Agency shall communicate to the Commission of the Telecommunications Market the final decisions on the loss of the operator's rating, in order to the said entity applies to the cancellation of the registration registration.

CHAPTER III

Conditions for the exploitation of networks and the provision of electronic communications services

Article 15. Rights of operators.

Electronic communications network and service operators will have the following rights:

(a) Negotiate and, where appropriate, obtain the interconnection or access to the networks and associated resources of other operators, in accordance with the regulation established in Law 32/2003 of 3 November, General Telecommunications, and in the rules on interconnection.

b) Obtaining rights of use for numbering, routing and naming, in accordance with the regulation set out in Law 32/2003 of 3 November, in the other regulations on numbering and national plans of numbering, routing, and naming.

c) Obtaining rights of use of the radio public domain, in accordance with the regulation established in Law 32/2003 of 3 November, and in its development provisions.

d) Obtain rights of occupation of public domain and private property for the installation of electronic communications networks, as established in Law 32/2003 of 3 November, in this regulation and the other regulatory regulations for the occupation of public domain and private property.

e) Those other rights recognized by Law 32/2003, of November 3, by this regulation and by the other provisions that develop it.

Article 16. Conditions to be met by operators.

1. Operators will be obliged to comply with the conditions imposed in Law 32/2003 of 3 November, General Telecommunications, in this regulation and in the rest of the regulations that develop it.

2. The conditions set out in this Chapter are without prejudice to other conditions which operators have to comply with for one of the following reasons:

(a) For the use of radio public domain, numbering, routing and naming or the occupation of public or private property for the installation of networks.

b) By being designated for the provision of universal service or other public service obligations.

c) By the imposition, if any, of specific obligations in the framework of the market analysis provided for in Article 10 of Law 32/2003 of 3 November, General Telecommunications.

(d) By the imposition of obligations in relation to interconnection and access provided for in Chapter III of Title II and in the seventh provision of Law 32/2003 of 3 November, General Telecommunications

Article 17. General conditions.

The general conditions to be met by all operators, irrespective of the network or service they intend to exploit or to provide, and without prejudice to others which are due in accordance with the following Articles chapter, the following are:

a) Contribute to the financing of the universal service, as provided for in Law 32/2003 of 3 November, and in its implementing legislation.

(b) Pay the fees provided for in Title VII of Law 32/2003 of 3 November, as regulated by it and in its implementing rules.

c) Ensuring the interoperability of services.

d) Ensure the accessibility of numbers, names or addresses to end users in accordance with the national plans.

e) Ensuring the protection of personal data and the privacy of individuals, in accordance with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, and Law 32/2003, 3 of November, and in its development regulations.

f) Ensuring consumers and end users the rights that as such correspond to them, in accordance with Law 32/2003 of 3 November, with this regulation and with the other regulations that develop it and with the rest of the rules that are applicable.

g) To provide the national regulatory authorities with the information and documentation they require for the fulfilment of their purposes, in accordance with the terms laid down in Article 9 of Law 32/2003 of 3 November, Telecommunications, and in Article 21 of this regulation.

(h) To execute the orders of legal interception that emanate from the competent authority, in accordance with the Law of Criminal Procedure and the Organic Law 2/2002, of 6 May, regulatory of the prior judicial control of the National Center Intelligence, in accordance with the provisions of Article 33 of Law 32/2003 of 3 November, and in Title V of this Regulation.

(i) To comply with the resolutions of the authorities adopted for reasons of public interest, public security and national defense, when it is established in the current regulations.

(j) Ensure compliance with the technical standards and specifications and technical requirements which, in each case, are applicable, including the relevant equipment and telecommunications equipment.

k) To comply with the restrictions on the transmission of illegal content laid down in Law 34/2002 of 11 July on the services of the information society and electronic commerce, and in relation to the transmission of harmful content laid down in Law 25/1994 of 12 July, incorporating Directive 89 /552/EEC into the Spanish legal system, on the coordination of laws, regulations and administrative provisions of the Member States concerning the exercise of television broadcasting activities.

l) Meet the other requirements and conditions set forth in Law 32/2003 of 3 November and in its development regulations.

Article 18. Conditions for operators to operate public electronic communications networks.

The conditions to be met by operators operating public electronic communications networks shall be as follows:

(a) Ensure the interconnection of networks and access to networks and associated resources, in accordance with the provisions of Law 32/2003 of 3 November, and in their development regulations.

b) Respect the rules and resolutions adopted by the competent authorities in the field of urban planning, the environment and regional planning, public health, public security, national defence and taxation by occupation of the public domain, in accordance with Article 28 of Law 32/2003 of 3 November, and its implementing legislation.

(c) Respect the rules and resolutions adopted by the competent authorities regarding access to public domain and private property for the installation of electronic communications networks.

(d) Where necessary in accordance with the provisions of Law 32/2003 of 3 November, to permit the co-location and the sharing of the facilities.

e) Respect the limitations set forth in Law 32/2003 of 3 November, and in its development regulations regarding radio emissions and the exposure of the public to electromagnetic fields.

f) Maintain the integrity of public electronic communications networks, as well as prevent the production of harmful interference.

g) Seek public network security against unauthorized access and ensure the confidentiality of messages transmitted and the secrecy of communications.

h) Meet the extent and coverage obligations set out in the fifth transitional provision of this regulation.

i) Establish conditions of use of their networks or services for disaster situations that guarantee communications between emergency services and between authorities, and for the dissemination of information to the population in general.

Article 19. Conditions for operators to operate public telephone networks.

The conditions to be met by operators operating public telephone networks will be as follows:

(a) Ensure the integrity of the network from a fixed location and, in the event of a failure of the network due to catastrophes or force majeure, take the measures set by the Government to ensure the availability of the telephone network public and telephone services available to the public from a fixed location.

(b) Provide users with access to the telephone network with access to assistance services by operator and to the information services on subscriber numbers provided for in Article 27.2.

c) To provide the tone-marking and identification of the calling line, when technically feasible and economically feasible.

d) Ensure the preservation of the subscriber's number in the cases set out in Law 32/2003 of 3 November, and in its implementing legislation.

e) Ensure the free routing of calls to emergency services via telephone number 112 and other telephone numbers to be determined by royal decree.

Article 20. Conditions for operators to provide the available telephone service to the public.

The conditions to be met by operators providing the available telephone service to the public will be as follows:

(a) When the service is provided from a fixed location, the necessary measures shall be taken to ensure uninterrupted access to emergency services.

(b) to provide the Telecommunications Market Committee, for the purposes referred to in Article 68, with at least the data referred to in Article 30.4 for the purposes of Article 68; those who offer the possibility of receiving calls through a telephone number of subscribers administered by such operators, including, separately, those of those who have decided not to appear in the guides. For these purposes, they shall be required to request the consent of the subscribers as referred to in Article 67.

In the case of prepaid subscribers, with whom there is no nominal contractual relationship, the data contribution shall be made upon request and accreditation by the subscriber of his/her ownership.

c) Ensuring the gratuitousness of calls to emergency services. This obligation will be required in respect of calls addressed to the telephone number 112 and others to be established by means of a royal decree, including those made from public payment telephones, without the need for any form in these cases.

(d) to make available to the receiving authorities of emergency services calls the information relating to each call on the location of their provenance, in so far as it is technically feasible, with respect to regulation as set out in Title VI and under conditions to be laid down by ministerial order.

e) Ensure the preservation of the subscriber's number in the assumptions established in Law 32/2003 of 3 November, General Telecommunications, and in its development regulations.

f) Establish conditions for the use of their networks or services for disaster situations that guarantee communications between emergency services and between authorities, and for the dissemination of information to the population in general.

Article 21. Obligations for the provision of information.

1. The national regulatory authorities laid down in Article 46 of Law 32/2003 of 3 November, and bodies with inspection powers resulting from that law may, in the field of their action, require operators to information, including financial information, necessary for the fulfilment of any of the following purposes:

(a) Check the fulfilment of the obligations arising out of this Chapter, the rights of use of the radio public domain, the numbering, routing and denomination or the occupation of the public domain or the public domain private property.

b) Meet statistical or analysis needs.

c) Assess the provenance of rights to use radio and radio public domain use rights, routing and naming.

d) Publish comparative synthesis on prices and quality of service, in the interest of users.

(e) Develop analyses enabling the definition of the relevant markets, the determination of the operators responsible for providing the universal service and the establishment of specific conditions for operators with power significant market in those.

f) Meet the requirements that come with tax in the legal order.

g) Check compliance with other obligations arising from Law 32/2003 of 3 November and its development regulations, in particular compliance with public service obligations and public service obligations.

This information, other than that referred to in paragraph (c), may not be required prior to the commencement of the activity, and shall be provided within the time limit set forth in each requirement, addressed in the circumstances of the case. National regulatory authorities shall ensure the confidentiality of the information provided which may affect trade or industrial secrecy.

2. Requests for information made in accordance with the previous paragraph shall be reasoned and proportionate to the intended purpose. Such requests shall indicate the period and extent of detail with which the information required must be supplied, as well as the specific purposes for which it is to be used. Failure to comply with the obligation of information by the holders of electronic communications networks or services may be sanctioned in accordance with the provisions of Title VIII of Law 32/2003 of 3 November.

3. The Telecommunications Market Commission shall carry out the publication, in so far as it can contribute to the maintenance of an open and competitive market, of the information it has obtained in the exercise of its powers, and ensure the confidentiality of the information and the right to the protection of personal data as referred to in paragraph 1.

4. The information available to operators in connection with the services they provide to the Ministry of Defence or military institutions may not be provided under the provisions of this Article.

However, the provisions of the previous paragraph, the Ministry of Defense shall adopt a resolution specifying in a clear and unequivocal manner the type or categories of information that may be provided. This resolution shall be communicated to the Secretariat of State for Telecommunications and to the Information Society and to the other Regulatory Authorities referred to in Article 46 of Law 32/2003 of 3 November, General de Telecommunications.

Article 22. Modification of the conditions required.

1. In accordance with the principles of objectivity and proportionality, the Government may, by means of royal decree, amend the conditions imposed in the provision of services and the establishment and operation of electronic communications networks, and set a deadline for operators to adapt to such modification.

2. In the course of the amendments referred to in the preceding paragraph, a hearing procedure shall be granted, which shall not be less than four weeks, for the persons concerned, the Consumers 'and Users' Council and, where appropriate, the trade unions. representative and the most representative associations of the other users. The report of the Telecommunications Market Committee will also be required.

TITLE III

Public and public service obligations

CHAPTER I

General provisions

Article 23. Categories of public service obligations or public service obligations.

They will have the consideration of public service obligations or public service obligations for the purposes of this regulation:

(a) The universal service, as set out in Article 22 of Law 32/2003, of 3 November, General Telecommunications, and regulated in the following chapter.

(b) The public service obligations defined in paragraphs 1 and 2 of Article 25 of Law 32/2003 of 3 November, which are regulated in Chapter III of this Title.

c) The obligation to route and locate calls addressed to emergency services. However, the obligation to route such calls shall not give rise to economic consideration.

(d) The public obligations set out in this Regulation in relation to:

1. The secret of communications and the obligation of legal interception, provided for in Chapter II of Title V of this regulation.

2. The regulation on the protection of personal data, developed in Chapter I of Title V of this regulation.

3. The specific aspects of consumer and user rights in relation to the provision of electronic communications services developed under Title VI of this Regulation.

4. The obligations of information provided for in Article 9 of Law 32/2003 of 3 November and developed in Article 21 of this Regulation.

5. º Quality of service obligations required in accordance with the provisions of this Regulation, except those relating to the provision of universal service.

In accordance with the provisions of Law 32/2003 of 3 November, these obligations of a public nature shall not be entitled to any consideration or economic compensation of any kind, without prejudice to the provisions of the Chapter. II of Title V of this Regulation.

Article 24. Bound subjects.

The operators referred to in Article 2 shall be subject to the public service obligations and to the other public obligations which are applicable to them or, where appropriate, imposed in accordance with the provisions of the Law 32/2003 of 3 November, and in this regulation.

In any event, compliance with the public service obligations that are required of the operators shall be carried out in accordance with the principles laid down in Article 20.3 of Law 32/2003 of 3 November.

Article 25. Competent administration.

It is for the Ministry of Industry, Tourism and Trade to control and exercise the powers of the Administration regulated in this Title, without prejudice to the powers of the Commission of the Market of the Telecommunications in relation to the universal service, in accordance with the provisions of Chapter II of this Title, as well as those of the Government Delegation for Economic Affairs and the Ministry of Economy and Finance in the field of prices. To this end, operators shall be obliged to comply with the resolutions which, in the exercise of their control function, are issued by the Ministry, the Secretariat of State for Telecommunications and the Information Society and, where appropriate, the Commission of the Telecommunications Market. Such decisions shall be reasoned, shall exhaust the administrative route and may be brought against administrative disputes.

Article 26. Principles applicable to the imposition of public service obligations.

1. The imposition of public service obligations on operators shall take into account the objectives and principles set out in Article 3 of Law 32/2003 of 3 November, General Telecommunications.

2. When the Ministry of Industry, Tourism and Trade finds that any of the services referred to in this Article is being provided in competition, under conditions of price, coverage and quality of service similar to those in which the The Commission may, after the Commission's report on the Telecommunications Market and the hearing to the parties concerned, determine the cessation of its provision as a public service obligation and, consequently, the planned funding for those.

3. In particular, the following criteria shall apply in the imposition of public service obligations on operators:

(a) Non-imposition of excessive charges on operators that may substantially affect the possibility of market access.

(b) Objectivity and transparency in the methods used to determine the required operator, the aid and funding to be provided, and the time and conditions under which it should be produced.

c) Non-discrimination between the various operators, seeking to maintain the balance in the market in such a way that no operator gains or disadvantages in its performance on the market, as a result of the obligations imposed.

(d) Economic and, as far as possible, technological neutrality of the obligations imposed and the aid and financing granted.

e) Priority of options that allow lower costs for the industry as a whole or which are less needed for financing.

CHAPTER II

Universal Service

Section 1. Universal Service Delimitation

Article 27. Concept and delimitation of services that are included in the scope of universal service.

1. Universal service means the defined set of services the provision of which is guaranteed for all end users regardless of their geographical location, with a particular quality and at an affordable price.

2. Under the concept of universal service, the following shall be ensured in the terms and conditions set out in this section:

a) That all end users can obtain a connection to the public telephone network from a fixed location and access the provision of the available telephone service to the public with the features set out in the Article 28, provided that its requests are considered reasonable in accordance with the terms laid down in Article 29.

(b) A general guide for subscriber numbers, in accordance with Article 30, shall be made available to the public by the telephone service available to the public. In addition, a general information or telephone consultation service on subscriber numbers shall be made available to all end-users of that service, subject to the conditions laid down in Article 31.

(c) That there is a sufficient supply of public payment telephones, throughout the national territory, in accordance with the terms set out in Article 32.

d) That end users with disabilities have access to the publicly available telephone service from a fixed location under comparable conditions to those offered to other end users.

e) That persons with special social needs, have options or tariff packages that differ from those applied under normal commercial operating conditions and that allow them to have access to the telephone service available to the public from a fixed location or make use of it.

(f) Where appropriate, special tariff options or price constraints, common tariffs, equivalent zones or other similar schemes are applied, where appropriate, in accordance with transparent, public and non-public conditions. discriminatory.

Article 28. Connection to the public network and access to publicly available telephone service.

1. The connection to the public telephone network, from a fixed location referred to in paragraph 2.a) of the previous Article, shall provide its users with the possibility of:

a) Connect and use appropriate terminal equipment, in accordance with applicable regulations.

b) Receive and make national and international telephone calls to geographic and non-geographic numbers, in accordance with the national telephone numbering plan.

c) Establish fax communications, at least telefax group III in accordance with the relevant UIT-T. T series recommendations.

(d) Establish data communications at sufficient speed to access the Internet in a functional manner, in accordance with the relevant recommendations of the UIT-T series V, without prejudice to the use of other interfaces, prior authorisation from the Ministry of Industry, Tourism and Trade, in specific and duly justified cases. For these purposes, sufficient speed shall be considered to be widely used to access the Internet by subscribers to the fixed telephone service available to the public with connection to the network by means of copper and modem pairs for voice band.

2. The designated operator shall 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.

3. In the event of interruptions of the available telephone service to the public provided through such connection, for reasons not attributable to the subscriber, the operator shall compensate him in accordance with the provisions of Article 115.

Article 29. Network connection requests and maximum initial connection provisioning time.

1. The operator designated for the provision of the universal service shall satisfy reasonable requests for connection to the public telephone network, from a fixed location, and for access to the available telephone service to the public specified in the previous article.

2. Requests for connection in which one of the following conditions are met shall be considered to be reasonable:

a) That the connection is requested for any real estate located on urban land.

(b) The connection is requested for a building as provided for in paragraph 1 of the fifth transitional provision of the recast text of the Law of Soil, approved by the Royal Legislative Decree 1/1992 of 26 June, and which, in addition, such building is intended for residential use as the applicant's habitual dwelling.

(c) The application for installation is for a building intended for residential use as the usual home of the applicant who, although on a non-urban land, has been exceptionally authorised in accordance with the provisions of the in the second paragraph of Article 20.1 of Law 6/1998, of 13 April, on land arrangements and valuations.

3. Where such a designated operator considers that an application is unreasonable, it shall be submitted to the Director-General for Telecommunications and Information Technology, who shall decide.

4. The designated operator shall satisfy every reasonable request for initial connection to the fixed public telephone network within a maximum period of 60 calendar days from its receipt. In the event of failure to supply the said supply within that period, without causing force majeure or other factors attributable to the applicant, it shall automatically compensate the applicant and exempt 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 the Director General of Telecommunications and Information Technology has authorised a longer supply time due to the the need to obtain permits, rights of occupation or specific pass or for any other non-imputable cause to the operator.

5. The processing of the authorisations provided for in paragraphs 3 and 4 shall be carried out in accordance with the procedure laid down in the Regulation approved by Annex I to Royal Decree 1773/1994 of 5 August 1994.

Article 30. Telephone guides.

1. Subscribers to the telephone service available to the public shall be entitled to a general printed guide for subscriber numbers, which shall be updated at least once a year. All subscribers to the telephone service available to the public shall have the right to appear in the said general guide, without prejudice, in any case, to compliance with the rules governing the protection of personal data and the right to privacy.

2. Both the designated operator and the other operators providing the available telephone service to the public may provide their respective subscribers with the connection to the public telephone network, provided that the request is perform in such a way as to permit a record of the content of the same and of the identity of the applicant, a telephone guide in electronic form instead of the printed edition, under the same conditions as those laid down for the latter in this Article.

3. Where the preparation of the guide referred to in this Article is not guaranteed by the free market, it shall be drawn up by the operator entrusted with the provision of the universal service. The operator must provide it free of charge to its subscribers and make it available to the public for free from the rest of the subscribers. It must also make available to the operators who provide such a service free of charge the copies necessary for them to be made available to them, free of charge, to their respective subscribers to whom it is provide the connection to the public telephone network.

The operator designated for the provision of the universal service shall not be required to make the guide available to the subscribers of the operators to whom, pursuant to the provisions of the preceding subparagraph, he has delivered the necessary copies of the guide.

When multiple credit agreements to the publicly available telephone service are domiciled in the same direction, the obligation referred to in the preceding paragraphs shall be deemed to be fulfilled when operators have provided a guide.

Where, in accordance with paragraph 6, the guide has been organised in several volumes, the designated operator may limit the delivery to the taking of the territorial demarcation in which the address of the paid, and will make available to you, free of charge, the rest of the province's tomes.

4. Without prejudice to Article 67, in relation to the data relating to each subscriber, at least the following information shall be included:

a) First and last names, or social reason.

b) Number or numbers of subscribers.

c) Postal address of the address, except floor, letter and ladder.

d) Specific terminal that you want to declare, if any.

e) The name of the operator that provides access to the network.

In the case of the fixed telephone service and the holder is a natural person, you may ask the operator to provide you with the network access service, which is associated with the same number as the name of another person age with which you live. The application for registration of the registration will be made jointly, while for the reduction it will be sufficient for the request of the interested party. In the case of the fixed telephone service and the holder is an entity or organisation assigned a plurality of numbers, the operator of which those numbers are dependent shall ensure that the entries are duly ordered. necessary, to facilitate the localization of the numbers of the externally most relevant users of that entity or organization.

5. At least the following information shall be provided in the initial sheets of each telephone guide copy:

(a) The postal address and telephone numbers for the attention of the user of the telephone service providers available to the public from which one of the numbers listed on that copy depends.

(b) Information to subscribers about their right not to appear in a guide accessible to the public or, where appropriate, to partially omit their address or any other data, in the terms that their supplier has stipulated, to their data which appear in the guide are not used for the purposes of advertising or commercial prospecting and the exercise of the rights of access, opposition, rectification and cancellation of their data, in the terms provided for by the legislation in force in personal data protection material.

c) Instructions that indicate how to access and make use of the telephone and telephone service available to the public.

d) The postal addresses and telephone numbers of public services in the field of health emergency, fire suppression and rescue, citizen security and civil protection.

e) The numbers of the query services on subscriber numbers.

f) Full edit and update date, as well as editor name and address.

g) Information relating to the Customer Service Department of the universal service provider referred to in Article 104.

6. The data contained in the telephone guides will be collected in a clear and easy to read type. The printing will preferably be made of two sides, using a paper with a texture that allows such printing without making it difficult to read the information. The binding must be without deterioration of normal use during the life of the guide.

The data will be related in alphabetical order of the first last name or social reason. After the first surname, the second name will be fully reflected, followed by a comma, your own name or your initials. In addition, the address of the subscriber, without specification of floor or letter, and, where appropriate, an identifier of the type of terminal (normal telephone, fax, ISDN, videoconferencing, mobile telephony, telephone of text for the deaf, etc.) shall also be associated with each number. among others) that the subscriber has expressed his wish that it be included in such a way as to enable the applicant to be aware of the content of the application and the identity of the applicant.

In general terms and within the provincial scope of the telephone guides, their content will be organized in alphabetical order of the municipal terms and, where appropriate, of minor local entities, except the capital of the province that will appear in the first place. Within each minor local term or entity will be organized by the letter of the first last name or social reason.

When the number of subscribers in a province is high, the telephone guide can be organized territorially in several volumes to facilitate its handling. The division of the provincial information for inclusion in each volume shall be carried out in such a way as to facilitate its use, taking particular account of the demand and the usual use of the information by the telephone service users. available to the public. In any case, the same population may not be divided into different volumes.

Information regarding subscribers of different telephone services or different operators must have equivalent typographical treatment.

Without prejudice to Article 67, the general guide for subscriber numbers included in the scope of the universal service shall be updated at least every 12 months. Each update shall include all rectifications, ups and downs that have been reported prior to the closing of the edition. The period between the date of updating of the data and the date of issue of the telephone guides may not exceed three months.

7. In relation to the personal data relating to each subscriber included in the guides, as well as to their rights, the provisions of Chapter I of Title V of this Regulation and the legislation in force on protection shall apply. of personal data.

Article 31. Telephone consultation service on subscriber numbers.

The operator designated for the provision of the universal service shall make available to all the end users of the available telephone service a telephone consultation service on subscriber numbers contained in the the telephone guides referred to in Article 30, updated and at national level. This service shall be provided at an affordable price and shall be free of charge to the user when it is made from a public payment telephone referred to in Article 32.

In relation to the personal data relating to each subscriber, it shall apply as set out in Chapter I of Title V and in the other regulations in force at any time on the protection of personal data.

Article 32. Public telephones for payment.

1. The provision of the universal service must ensure that there is a sufficient supply of public pay telephones. For these purposes, public telephones are considered to be located in the public domain of common use.

The designated operator shall ensure the existence of a sufficient offer of public payment telephones in the area corresponding to the designation, with the minimum technical conditions set out in paragraph 3.

The existence of at least one public telephone for payment and one more for every 1,500 inhabitants in each municipality of 500 or more inhabitants and a public telephone for payment in each of the municipalities shall be considered sufficient. less than 500 inhabitants in which it is justified on the basis of the existence of a high distance to similar facilities, the low penetration of the fixed telephone service, the lack of accessibility of the mobile telephone service or the high floating population rate.

The designated operator shall, within a reasonable time, satisfy all requests for the installation of new public payment telephones to be submitted by the local authorities to meet the criteria for sufficient supply. Where the designated operator considers that the application does not correspond to the application of the sufficient supply criteria, it may be addressed to the Directorate-General for Telecommunications and Information Technology, which shall decide to the same procedure as that referred to in Article 29.5.

2. The choice of the new locations will take into account the areas or places that are more busy and of greater potential demand, as well as those with little penetration of the fixed telephone service available to the public.

3. The public payment telephones referred to in this Article shall:

a) Provide users with the possibility of making calls to any subscriber of the available telephone service to the public, respecting their free character, if any.

b) Allow free emergency calls without having to use any form of payment, using the unique number of emergency calls 112 and other emergency numbers that are defined as free by the rules in force at any time.

c) Allow its use during the 24 hours of the day, counting with sufficient illumination during the night hours.

d) Dispose of the sound insulation necessary to protect the user from outside noise and ensure an adequate level of privacy of communications.

e) Incorporate an electronic display indicating the number, the minimum required credit and available credit, and optical and acoustic credit completion warning systems.

(f) Dispose, in a visible place, adequate and up-to-date information on the basic conditions of use of the service and on its prices, in which it will be included in any case indication of the free character of the calls of emergency services 112, as well as, where applicable, other emergency services which are defined as free by the legislation in force at any time and on the telephone consultation service on subscriber numbers referred to in the Article 31.

g) Dispose of appropriate security measures against vandalism and against their improper use.

(h) To recover the communication at the end of the communication and return the remaining balance on the basis of the previously deposited coins. In the case of card payment, the charge will be made at the end of the communication.

In addition, new public payment telephone facilities will have to offer payment options for coins and cards. When installed in a grouped form, these options must be offered by the pool of the public payment telephones in the pool.

4. The designated operator shall progressively improve the accessibility conditions for the public telephone payment telephones referred to in this Article, taking into account: the necessary compatibility with the use by persons with disabilities, the international standards on accessibility applied in the most advanced countries, the rules of the different Spanish public administrations and the work of the most representative organisations of persons with disabilities, as well as the distribution of the demand and climatology of the different areas of the territory.

For this purpose, the designated operator will submit, for approval by the Ministry of Industry, Tourism and Trade, plans for the adaptation of public payment telephones to facilitate their accessibility by users with disability and, in particular, by wheelchair users or with growth deficiencies. Such plans shall be submitted one year in advance of the end of the current or when the Ministry of Industry, Tourism and Trade demands it to be considered as having passed the current one.

Article 33. Other measures to facilitate accessibility to service by persons with disabilities.

1. In accordance with the provisions of Article 22 (1) (d) of Law 32/2003 of 3 November, General Telecommunications, the operators designated for the provision of universal service shall ensure that end-users with disabilities have access to the publicly available telephone service from a fixed location on comparable conditions to those offered to other end users.

Within the collective of persons with disabilities, persons who are blind or with serious visual difficulties, persons who are deaf or hard of hearing, are considered to be in serious difficulties, or with serious difficulties for speech, the disabled and, in general, any other with physical disabilities which clearly prevent them from normal access to the fixed telephone service or require a more onerous use of the fixed telephone service.

2. For the purposes of the above paragraph, the designated operator shall promote the existence of a sufficient and technologically up-to-date supply of special terminals, adapted to the different types of disabilities, such as: Text telephones, videophones or telephones with amplification for people with hearing impairment, and will make sufficient dissemination of that.

Invident or visually impaired subscribers, upon request to the designated operator, shall have the invoices and the publicity and information supplied to the other fixed telephony subscribers on the terms of the service delivery, in Braille system or in large letters.

Article 34. Conditions relating to quality.

The designated operator must comply, in relation to the set of end users to whom the fixed telephone service is provided to the public throughout the territory covered by that designation, the minimum levels of quality of service to be established by ministerial order, and shall maintain a reasonable uniformity in the different areas of the territory and in relation to the different types of users.

When the application of the quality of service levels to the set of users, as provided for in the preceding paragraph, significant deviations are derived for certain areas or types of users that assume These groups will be more likely to be subject to the general rules, the Ministry of Industry, Tourism and Trade will be able to set up more restricted areas of analysis and set minimum standards of quality of service for these areas. These deviations with the aim of remedying the unintended practical effects derivatives of the establishment of these levels as a general rule.

The definitions and methods of measurement of the parameters of quality of service, the requirements regarding the periodic remission of the data to the Administration, the conditions oriented to guarantee the reliability and the the possibility of comparison of the data and the other conditions relating to the measurement and monitoring of the quality of service levels shall be those established by ministerial order.

The parameters set out in that order shall include those set out in the standard of the European Telecommunications Standards Institute ETSI EG 201 769-1 and the regional breakdown shall be, at least, by Autonomous Community.

Section 2. The Affordable Character of the Universal Service Price

Article 35. Concept and objectives.

1. The Government's Delegation for Economic Affairs, on a proposal from the Ministers of Industry, Tourism and Trade and the Economy and Finance, and after the report of the Telecommunications Market Committee, will guarantee the affordable nature of the the prices of the services included within the universal service.

The collective of pensioners and pensioners of low family income and the collective of persons with disabilities referred to in Article 33.1 shall be particularly considered.

It is understood that the prices of services included in the universal service are affordable for users when the following objectives are met:

(a) That the prices of services included in the universal service in high-cost, rural, island and distant areas are comparable to the prices of such services in urban areas, taking into account, inter alia, factors, their costs and the groups with special social needs under this regulation.

b) To ensure the removal of barriers that prevent certain groups of persons with disabilities from accessing and using the services included in the universal service under conditions equivalent to other users.

(c) There is a sufficient, at uniform price, offer of public use telephones in the public domain of common use, throughout the national territory.

(d) To offer price plans in which the amount of the high fees, the amount of the concepts assimilated and the fixed periodic payment quotas do not limit the possibility of being a user of the service.

2. In order to achieve the objectives referred to in the previous paragraph, the designated operator shall provide its subscribers:

(a) Access and use price programs for services included in the universal service that allow maximum control of the user's expense and, in particular, the following:

1. Social Abono. This price plan shall be intended for pensioners and pensioners whose family income does not exceed the indicator determined by the Government's Delegation for Economic Affairs at any time, and shall consist of the application of a bonus in the amount of the high fee and the periodic fixed fee.

2. Inblind users or with serious visual difficulties. This price plan shall be intended for blind persons or with serious visual difficulties and shall consist of the application of a particular franchise in calls to the telephone consultation service on subscriber numbers and on the the conditions for the free receipt of invoices and the advertising and information supplied to other fixed telephony subscribers on the conditions for the provision of services, in Braille or in letters large.

3. Deaf users with severe hearing difficulties. This special pricing plan shall apply to calls made from any point in the national territory which have as their origin or destination a text telephony terminal and which are established through the intermediary service centre. for text phones.

b) Possibility for the user to choose the billing frequency that best suits their preferences, within the possibilities offered by the operator, which will include at least the monthly frequency and the bimonthly.

c) The possibility of restricting and blocking users, through a simple procedure and at no cost, international calls and those that are made to services with additional charging. This is without prejudice to the fact that the same type of calls can continue to be made through operator selection mechanisms when they have contracted the service with some other provider without the restriction or blocking of the mentioned types of calls.

d) Advertising and information provided by operators to users of the conditions for the provision of services, in particular with regard to the accessible nature of the services.

e) A basic and free level of detail in invoices, so that consumers can check and control the expenses generated by the use of the public telephone network from a fixed location and from the telephone services (a) to provide the public with an adequate monitoring of their own costs and use, thereby exercising a reasonable level of control over their invoices.

f) Means for the prior payment of both access to the public telephone network and the use of the telephone services available to the public, as well as the possibility of making the payment of the connection to the telephone network public in a staggered manner, where this is established by resolution of the Secretary of State for Telecommunications and the Information Society.

Section 3. Third Operators obligated to the benefit. Procedure for the designation of operators

Article 36. Operator designation for the provision of universal service.

The Ministry of Industry, Tourism and Trade may designate one or more operators to guarantee the provision of universal service, so that the entire national territory is covered. For these purposes, different operators may be designated for the provision of various elements of the universal service and cover different areas of the national territory.

The system of designation of operators responsible for ensuring the provision of the services, elements and offers of the universal service provided for in the following Articles of this Regulation is subject, in any case, to the principles of advertising, competition, equality, effectiveness and non-discrimination, as well as the other principles set out in Chapter I of this Title. These designation procedures may be used as a means of determining the net cost arising from the obligations assigned to them, for the purposes of the following sections of this Chapter.

Article 37. Provision of the universal service by an operator designated by tender.

1. Two years before the end of the period laid down for the provision of universal service in a given area, the Ministry of Industry, Tourism and Trade shall carry out a public consultation to determine whether, in the It is also necessary to ensure that the conditions are met. For these purposes, those operators shall inform the ministry of the conditions under which they would be prepared to carry out such effects.

In areas where an operator has indicated its intention to provide the service, a public tender procedure shall be carried out. However, in the event that only the operator appointed at the time of the public consultation expresses its interest in providing the universal service, the Ministry of Industry, Tourism and Trade may choose between the call for the procedure. the invitation to tender and the appointment of the quoted operator in accordance with the following Article.

2. By ministerial order, following the report of the Telecommunications Market Committee, the call for the corresponding contest shall be made and the publication of the bases in which the service or element to be provided will be determined, the territorial scope, the period and the conditions for the provision and financing of the service, in accordance with the provisions of this Regulation.

The services or components of the universal service that are eligible for tender, in certain areas, are:

(a) The public network connection with access to the publicly available telephone service and other services specified in Articles 28 and 29.

(b) The provision of a sufficient offer of public payment telephones, in accordance with the provisions of Article 32.

(c) The drawing up of the telephone guides referred to in Article 30.

(d) The provision of the subscriber number consultation service referred to in Article 31.

3. Where the territorial scope laid down in the ministerial order calling for the contest coincides with the area in which an operator expressed an interest in providing the universal service, the communication referred to in paragraph 1 shall be (a) binding on the operator, which must be submitted to the competition and at least maintain the price and quality conditions communicated to it. In any event, any legally established and duly authorized undertaking for the provision of the universal service element to which the contest relates may be submitted to the competition.

4. The Ministry of Industry, Tourism and Trade shall award the tender to the tenderer offering the most advantageous conditions. Consequently, the undertaking to be awarded shall have the consideration of a designated operator for the provision of the universal service, and shall therefore benefit from the financing system referred to in the third paragraph of the Article above, as regards the element and the area covered by the award.

5. Where, after the consultation referred to in paragraph 1, no operator has expressed an interest in providing the service, or if the contest is declared to be deserted, the name of the operator responsible for providing the service shall be universal will be performed according to the following article.

Article 38. Provision of universal service by operators with significant market power.

Any operator having significant market power in the supply of the connection to the public telephone network and in its use from a fixed location in a particular area or that is providing the service The universal service may be designated by the Ministry of Industry, Tourism and Trade to provide, within it, any of the elements included in the universal service. Where operators with such significant market power do not exist in a given area, it may be designated, after consultation with the parties concerned, any of the operators with the largest share of participation in that market.

In the order referred to in the preceding paragraph, prior to the report of the Telecommunications Market Commission, the service or element to be provided and in which territorial area, as well as the period and the period of time, shall be established. conditions for the provision of the service, all in accordance with the provisions of this Regulation.

Section 4. Net Cost of Universal Service Delivery

Article 39. Determination of the existence of an unjustified load.

1. The designation referred to in Article 37 of an operator for the provision of the universal service shall give rise, in the event that the provision for which it has been designated, involves a net cost which will therefore be an unjustified burden, the qualification of that operator as a recipient of funds from the National Fund for the Financing of the Universal Service or, failing that, the mechanism of compensation between operators set out in this Regulation.

2. In the case referred to in Article 38, the Commission of the Telecommunications Market shall determine annually whether the obligation to provide universal service may entail an unjustified burden on operators who are obliged to provide services. benefit. Where there is a net cost in the provision of the universal service, but the Telecommunications Market Commission considers that it does not constitute an unjustified burden, the resolution to be established must be reasoned.

3. The net cost of providing the universal service shall be determined annually in accordance with the designation procedures provided for in Article 37, or depending on the net savings the operator would obtain if he did not have the obligation to provide universal service. This net savings shall be calculated in accordance with the procedure set out in the following Articles.

Article 40. Universal service cost components.

The costs attributable to the universal service obligations imposed on operators who are obliged to provide them that are liable for compensation are composed of:

(a) The net cost of the obligations to provide universal service in unprofitable areas.

b) The net cost of the obligations to provide universal service to users with disabilities or with special social needs.

(c) The net cost of the obligations to provide the telephone service by means of public payment telephones in the terms of Article 32.

(d) The net cost of the obligation to draw up and make available to the subscribers of the telephone service the telephone guides referred to in Article 30.

e) The net cost of the obligations to provide the information services relating to the number of subscribers of the available telephone service to the public, in accordance with Article 31.

Article 41. Territorial component: non-performing areas.

For the purposes of this Regulation, territorial demarcations for the provision of services which an efficient operator would not cover at an affordable price are considered as non-performing areas, taking into account exclusively commercial.

They will have the consideration of non-performing areas where the direct costs of providing the services are higher than the revenue invoiced by the latter to the users in the area.

Article 42. Social component: users with special needs.

They will have the consideration of unprofitable services requested by customers or groups of customers, to which an efficient operator would not lend them at an affordable price, based on purely commercial reasons, either by enjoy special rates, either because of their high cost, including their access.

They are liable to be classified as non-performing services which should be provided to users who have disabilities that involve a barrier to access to the service or a more onerous use of the service than that of a user without disability and pensioners 'and pensioners' collectives whose family income does not exceed the indicator which, in accordance with Article 35.2.a) 1., establishes the Government's Delegated Commission for Economic Affairs.

Article 43. Concept of net cost. Recoverable and non-recoverable costs.

1. The net cost of providing the universal service shall be obtained by finding the difference between the long-term savings which an efficient operator would obtain if it did not provide the direct and indirect service and revenue which it provides to it, increasing the latter with the non-cash benefits derived from the intangible advantages obtained by it, with such a motive.

Costs are understood to be of efficient long-term delivery when they are based on an optimal plant dimension, valued at replacement cost, with the best available technology and in the maintenance scenario. the quality of service.

2. The recoverable costs of operating and investing the non-performing areas include, on the one hand, the costs of access and management of the area's subscribers and, on the other hand, the costs of the switching and transmission network necessary to provide the service in the zone and routing of incoming and outgoing traffic from this.

3. In the case of subscribers who need special means for their access to the service or a more onerous use of the service, account may also be taken of any additional costs or lower revenues affecting the operator.

4. The net cost of the obligation to ensure the provision of the public telephone service for payment in the public domain of common use in a given area shall be calculated by finding the difference between the costs borne by the operator for its installation, maintenance and routing of outgoing traffic of those and the direct and indirect revenue generated by such telephones, together with the non-monetary benefits derived therefrom. Where the balance so calculated shows that the revenue is higher than the costs or when the number of such telephones in the area is higher than that required to comply with the universal service obligation and that they have a territorial distribution reasonable, it will be considered that there is no cost of the obligation.

5. The net cost of the obligation to provide telephone consultation services on subscriber numbers shall be obtained by finding the difference between the direct and indirect costs and revenues attributable to that obligation. In particular, revenue from these services shall be considered as revenue from the fees of the consultation services, including the induced traffic and any other income derived from such services, such as those from the marketing of files.

6. The costs incurred as a result of the provision of any service which, in accordance with the provisions of this Regulation, fall outside the scope of the obligations of the universal service, shall not be included in the calculation of the cost of the universal service. universal service.

Article 44. Applicable criteria for the determination and imputation of costs.

1. The calculation of the net cost of the provision of the universal service shall be in accordance with Article 43.1 and shall be based on objective, transparent, non-discriminatory and proportionate procedures and criteria laid down by the Commission of the European Union. Telecommunications Market.

2. The cost accounting system shall show, in a transparent manner, the main categories under which it is grouped and the rules used for its distribution, in particular those relating to the equitable distribution of costs. common and joint.

3. The determination of the net cost shall be carried out by the telecommunications operator which, in each case, provides the universal service, in accordance with the general principles laid down by the Telecommunications Market Commission.

4. The costs must be charged to those services which are the cause of their being incurred. The determination of their value shall be made in proportion to the corresponding contribution to the cost for each service, by definition of cost generators. For each cost concept, a representative and easily measurable generator must be established which identifies the cause by which it is incurred and which, at the same time, serves as the unit of distribution of that cause.

5. In order to ensure the proper distribution of the cost, each concept of the cost must be classified, irrespective of other criteria of classification as the required operator, in any of the following exclusionary categories:

a) Direct costs: are those that are directly and immediately related to the provision of services, so they can be shared directly between them.

(b) Indirect costs: they may be related to the provision of services, through their connection at some direct or indirect cost, and therefore their distribution shall be carried out in the same way as the costs with which they are they are related and, by means of further repair, to the services.

(c) Unattributable costs: they are those which cannot be related, directly or indirectly, to the provision of universal service obligations, in the terms set out in the preceding paragraphs, so they will have the consideration of non-recoverable.

6. When assessing the costs incurred by the operator for being obliged to provide the service, the latter shall take into account a reasonable rate of remuneration for the capital invested in the provision of the service.

7. The amendments to be made to the approved cost accounting system, prior to their implementation, must be submitted for approval by the Telecommunications Market Committee. If, within a period of two months, from the date of the submission to the Commission of the Telecommunications Market of the cost accounting system or of its amendments, no decision has been taken, the operator may use the proposed system for all the effects, without prejudice to the provisions of this Regulation.

8. Where an operator is required by this Regulation to form and present cost accounting, it shall accompany the cost accounting system to be applied within nine months of its being designated for the provision of universal service obligations, with the effects referred to in paragraph 7.

Article 45. Consideration of associated income and derived benefits.

1. When assessing the revenue to be paid by the operator, if the service is not provided, it must be taken into account:

a) The revenue from connection fees, periodic fixed fees, and traffic generated by the users to whom the service would be rendered.

b) Revenue from calls paid by the rest of the customers, made to the users who would be left to provide the service.

c) The revenue from replacement calls that would be made by customers who are stopped from providing the service from public telephones or other users ' phones.

When direct assessment of the assigned revenue is not possible, the Telecommunications Market Commission will dictate the criteria for its assessment.

2. Furthermore, the Telecommunications Market Commission will establish the procedure for quantifying the non-cash benefits obtained by the operator, as a provider of a universal service. This assessment shall take into account at least the following categories of potential non-cash profit generators:

a) Greater recognition of the operator's mark, as a result of service delivery.

b) Advantages derived from ubiquity.

c) Valuation of clients or groups of clients, taking into account their life cycle.

d) Commercial advantages involving having access to all types of data about the telephone service.

The Telecommunications Market Commission, based on market conditions, may include other categories of non-cash profit generators.

Article 46. Periodic determination of net cost, verification and administrative approval.

1. Operators with universal service obligations shall annually make a statement to the Telecommunications Market Commission of the services they offer, the provision of which can be made only at net cost to them, detailing their different components.

2. Any operator required to provide the universal service shall, on an annual basis, make a statement of the net cost of the universal service obligations which it has assumed, in accordance with the principles and rules of this Regulation and following the instructions to be issued by the Telecommunications Market Committee in the exercise of its powers. The quantification of the net cost contained in such a declaration shall be approved by the Commission, after verification by the Commission itself or by the entity which, for these purposes, designates. The Commission of the Telecommunications Market will publish the conclusions on the compliance of the cost criteria by each of the operators required and the quantification of the net cost duly approved, with the limit of the confidential aspects that may reveal excessively disaggregated accounting information.

Section 5. Universal Service Financing

Article 47. Operators required to finance universal service.

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

2. The financing of the net cost resulting from the obligation to provide the universal service shall be shared by all operators of electronic communications networks and services.

3. The Telecommunications Market Committee may exempt certain operators from the obligation to contribute to the financing of the universal service when their turnover at national level is below a threshold. preestablished by it.

The exemption statement shall have effect only for the period specified therein, and the operator concerned shall assume the obligation to contribute to the National Universal Service Financing Fund once except that the Telecommunications Market Committee expressly extends it.

Article 48. Objectives and principles of funding.

1. The financing mechanism will ensure adequate incentives to promote the efficient provision of universal service, and will limit the potential negative effects on the market and investments that may result from higher costs. of what is required.

2. The objectives of the universal service funding mechanism are as follows:

a) Reduce market access barriers to a minimum and ensure universal service funding at the same time.

b) Respect the requirement of neutrality between market operators, specific technologies or the provision of services, whether integrated or separately, in order to avoid distortion of market access strategies; or subsequently, in decisions on investment or in the activity in that market.

c) Maintain the administrative burdens and costs related to them to the minimum level.

d) Create conditions that encourage greater efficiency and innovation, to ensure the provision of universal service at the lowest possible cost.

3. The financing mechanism shall respect the general principles of objectivity, proportionality, non-discrimination and transparency, with particular attention to the following issues:

(a) Fair and non-discriminatory contributions. Each operator shall contribute to the financing of the universal service in proportion to the amount resulting from the gross operating income obtained through interconnection payments, the amount of which shall be weighted, where appropriate, contribution with a corrective factor, depending on the service provided. No operator may be exempted from contributing, except for the reasons set out in this Regulation.

(b) Specific and predictable mechanisms for granting aid. The mechanisms for providing aid are established and published in accordance with the provisions of this Regulation. The Telecommunications Market Commission should give the necessary publicity to the actions and decisions which establish or modify criteria.

c) Competitive neutrality. The mechanism for granting aid shall maintain competitive neutrality, in so far as it does not lead to advantages or disadvantages of an operator vis-à-vis another operator, nor does it favour one technology with respect to another.

d) Grant of aid to a single operator. In high-cost areas, only one operator will receive funds from the National Universal Service Financing Fund (NFF) for providing the same service.

4. In any event, the contributions of an operator for the financing of the universal service shall, directly or indirectly, result in a doubling of the payment to cover the net cost of a specific universal service obligation.

Article 49. Parameters for the distribution of net cost between the operators obliged.

1. The contributions of the operators of electronic communications networks and services required to finance the universal service will be proportional to the activity of each and will be determined by the Commission of the Market of the Telecommunications.

The distribution criterion shall be based on the amount resulting from the gross operating income of the interconnection payments for each operator and shall be proportional to the total volume of business on the market.

2. The Ministry of Industry, Tourism and Trade, following the report of the Telecommunications Market Committee and in the light of technological developments and market conditions, will be able to establish other distribution parameters that better represent the activity of operators, for the purposes of a more equitable sharing of the burden arising from universal service.

3. The contributions which the operators designated for the provision of the fixed telephone service available to the public must make to the National Fund for the Financing of the Universal Service, for being obliged to finance such a service, shall be in the amounts corresponding to the net cost to each of the operators of the benefit which, if any, of the universal service obligations they have imposed.

The result of the comparison may result in a net contribution from the operator to the financing mechanism or a net receipt of allowance for the provision of the service.

Article 50. National fund for the financing of universal service. Nature and purpose. Deleting the background.

1. The National Fund for the Financing of Universal Service guarantees the financing of the universal service and collects the contributions of operators who are obliged to contribute to it.

The fund lacks its own legal personality and its management will be carried out by the Telecommunications Market Commission.

2. The following purposes are pursued through the fund:

a) Manage the effective collection of contributions from electronic communications operators.

b) Manage payments to operators entitled to receive them for the provision of universal service.

3. In relation to the fund, the Telecommunications Market Commission will perform the following functions:

a) Know your economic evolution and take the necessary steps to fulfill your goals.

b) Approve your revenue forecasts and annual settlement.

c) Approve the annual memory of its management that will be incorporated into the annual report to be submitted to the Government.

d) Managing your assets, collecting rights and paying attention to your obligations.

e) Determine the contributions of each operator.

f) Binding the conflicts between operators in matters related to the fund in a binding manner.

4. In the event that the cost of providing the universal service for operators subject to these obligations is of a magnitude that does not justify the costs arising from the management of the fund, the Telecommunications Market Commission may propose to the Government its deletion and, where appropriate, the establishment of direct compensation mechanisms between operators.

Article 51. Resources of the National Fund for the Financing of Universal Service. Contributions and management.

1. The following are the resources of the National Universal Service Financing Fund:

(a) The contributions made by operators required to finance the universal service.

(b) Contributions made by any other natural or legal person wishing to contribute selflessly to the financing of any activity of the universal service.

2. Financial contributions shall be deposited in a restricted account opened for that purpose in a credit institution. The total assets will be deducted from the expenses of the fund management.

3. The fund's resources may only be invested in high-liquidity and cost-effective financial assets.

4. The procedure for setting the contributions and carrying them out will be as follows:

(a) Within two months of the publication of the list referred to in Article 47.1, each operator shall send the information relating to his income from the last financial year which has been closed three months before the date of the publication of the list referred to in Article 4 (1). publication of that list to the Telecommunications Market Committee.

(b) The Telecommunications Market Commission will calculate the market shares of the operators required to contribute and the contribution they will make to each. Within two months from the end of the previous period relating to the sending of information on revenue, it shall publish in the "Official State Gazette" the annual contribution to be made to each operator obliged to this concept and shall require them to carry out the corresponding revenue, in a single payment within one month of such notification.

(c) Operators entitled to compensation shall receive it within the month following the end of the payment period, in accordance with the contributions made.

5. If an operator obliged to make contributions does not carry them out within the prescribed period, the debt shall be of interest for late payment equal to the legal interest plus two points from the day following the end of the payment period.

The Telecommunications Market Committee may exercise legal action to recover the amounts due, and shall be liable to the debtor for the costs incurred.

6. The obligation to provide the universal service shall in no case be conditional upon receipt of compensation from the fund.

7. The Telecommunications Market Commission shall make available to interested parties, at their request, the updated information on the management of the National Fund for the Financing of Universal Service.

Article 52. Fund administration costs.

The management costs of the fund include at least the following:

a) Those that cause the manager to monitor the net cost.

b) Administrative.

c) The derivatives of the management of the contributions.

These costs will be shared between operators who have the same criteria as the net cost of the universal service, forming part of their corresponding contributions to the fund.

CHAPTER III

Other public service obligations

Article 53. Public service obligations provided for in Article 25 (1) of Law 32/2003 of 3 November, General Telecommunications.

The Government, by agreement of the Council of Ministers, may impose public service obligations other than universal service for the needs of national defence, public security or the security of persons or of civil protection.

The agreement of the Council of Ministers imposing such obligations shall also establish the form of direct or indirect management of the service and the submission, where appropriate, of the general principles laid down in the Article 26.

Article 54. Public service obligations provided for in Article 25 (2) of Law 32/2003 of 3 November, General Telecommunications.

The inclusion of new services that involve the content of the content of the message or of its referral or reception other than those initially entrusted to the State Post and Telegraph Society, S. A., as well as the designation of the entity responsible for lending them, shall be carried out by the Council of Ministers.

The government, after the report of the Telecommunications Market Commission, may impose other public service obligations motivated by the needs or reasons provided for in that paragraph, as well as to establish its funding.

The inclusion of the services entrusted to the State Post and Telegraph Society, S. A., of others of similar content, that involve the verified accreditation of the content of the message or of its referral or reception, its technical characteristics, those of their provision and financing, shall be made, where appropriate by the order of the Ministry of the Presidency, on a proposal from the Ministries of Industry, Tourism and Trade and Development.

The general principles set out in Article 26 shall apply to the services covered by this Article.

Article 55. Applicable principles for the determination of operators required to comply with the public service obligations provided for in this Chapter.

The royal decree or, as the case may be, the agreement of the Council of Ministers which establishes subsucible public service obligations in any of the articles of this chapter and other than those initially set out in the provision Fourth transitional of this Regulation shall establish the following:

(a) The form of the operator's designation, taking into account the applicable principles set out in Article 26 and providing, where appropriate, a competitive selection procedure.

b) The definition of the objectives to be achieved.

(c) The delimitation of the coverage and priority territorial areas and, where appropriate, of the demarcations for the provision of services.

(d) The fixing, where appropriate, of the parameters for the determination of the affordable character of the prices and the mechanisms for their measurement and control.

e) The way in which the public service obligations and the allocation of funds are financed to achieve the objectives.

f) The calendar of actions or, where appropriate, criteria for setting priorities.

Article 56. Public service obligations for the transmission of certain channels and services of broadcasting and television programmes.

1. Without prejudice to the obligations incumbent on operators under the provisions of the rules on access and interconnection, as laid down in Chapter III of Title II of this Regulation, of the obligations imposed by reason of the interoperability of services or those imposed in the field of regulation of the relevant markets, shall have the consideration of public service obligations under Article 25.2.b) of Law 32/2003 of 3 November, General de Telecommunications, those laid down in paragraph 4 of the seventh provision of the said law and the coverage and quality required of natural or legal persons with enabling titles of broadcasting or television to replace those provided for in the sixth transitional provision of that law. For this purpose, operators of public electronic communications networks shall be obliged to comply with the requirements for the transmission of certain channels and services of radio and television programmes or of coverage and quality to be established. in accordance with this article.

2. For the imposition of the public service obligations referred to in the preceding paragraph, the following requirements shall be met:

(a) the operators to whom the obligation is imposed operate electronic communications networks used for the distribution of radio or television programmes to the public.

b) That a significant number of end users of such networks use them as the primary means of receiving radio and television programmes.

(c) That taxation as a public service obligation is necessary to achieve general interest objectives clearly defined by the basic social media legislation.

(d) That the applicable general principles for the imposition of public service obligations laid down in Article 26 be complied with.

3. Operators in which the requirements laid down in paragraphs (a) and (b) of the preceding paragraph are met shall be required to provide their transmission and network capacities to natural or legal persons holding the securities. (a) a broadcasting or television service to which, pursuant to the basic legislation of the State given under its jurisdiction in the field of social media, provided for in Article 149.1.27. of the Constitution, rights of distribution of certain channels and services of radio and television programmes, or to which they are impose obligations on coverage and quality. Such basic legislation shall clearly determine the type of financing which, where appropriate, is provided for, the beneficiaries or the persons who are required and duly justify the concurrence of the requirements set out in paragraphs (c) and (d) of paragraph 1. previous.

4. Where the basic legislation on social media does not determine the type of financing, the remuneration which, where appropriate, applies to electronic communications operators required under this Article as compensation for the the public service obligations laid down in it must be freely agreed between them and the natural or legal persons who have the corresponding broadcasting or television ratings to which they correspond, respectively, the distribution rights of certain channels and services of radio and television programmes or obligations in respect of coverage and quality. In the event of disagreement on the applicable technical and economic conditions, the Commission of the Telecommunications Market shall be responsible for resolving the dispute by binding resolution, upon request by any of the parties and prior to conflicting case processing.

TITLE IV

Right of operators to the occupation of the public domain, to be beneficiaries in the procedure of forced expropriation and conditions of establishment of easements and limitations

Article 57. Right to the occupation of the public domain and to be a beneficiary in cases of forced expropriation.

Operators shall be entitled to the extent necessary for the establishment of a public electronic communications network and in the terms set out in Chapter II of Title III of Law 32/2003 of 3 November, General of Telecommunications, to the occupation of public domain and private property.

The operators, for the exercise of those rights, shall be obliged to comply with the conditions laid down in this Regulation and, in particular, the rules to be laid down by the competent public authorities of the Member States. compliance with the provisions of Articles 28 and 29 of Law 32/2003 of 3 November, and subject to the emission limits which are established in accordance with the provisions of Article 44.1.a) of that law.

Article 58. The right to be beneficiaries in the forced expropriation procedure.

1. Operators, where it is strictly necessary for the installation of the network, to the extent provided for in the technical project submitted and provided that there are no other economically viable alternatives, shall be entitled to the occupation of the private property, be it through its compulsory expropriation, either by means of the declaration of forced servitude of passage for the installation of infrastructures of public electronic communications networks. For such purposes, they may apply to be beneficiaries in a specific file, provided that they comply with the provisions of Law 32/2003 of 3 November, and in the regulations in force regarding compulsory expropriation.

2. The approval of the technical project by the Secretariat of State of Telecommunications and the Information Society will imply, in each specific case, the declaration of public utility and the need for occupation for the installation of public electronic communications networks, for the purposes of the legislation on compulsory expropriation.

3. Prior to the approval of the technical project, a report shall be obtained from the competent autonomous community in accordance with the provisions of Article 27 of Law 32/2003 of 3 November.

4. In the case of expropriations which are carried out for the installation of public electronic communications networks, the holders of which have imposed public service obligations as referred to in Article 22 or Article 25 (1) and (2). Law 32/2003, of November 3, will follow the special procedure of urgency established in the Law of Compulsory Expropriation, when this is stated in the resolution of the Secretariat of State of Telecommunications and for the Society of Information to be approved by the appropriate technical project.

Article 59. Public and private domain sharing for infrastructure installation.

1. Competent public administrations may encourage the sharing of public domain or private ownership for the establishment of public electronic communications networks.

In addition, in the terms of Article 30 of Law 32/2003 of 3 November, public administrations may agree that, from the date on which the corresponding resolution, the public domain or the private property shall be subject to the shared-use regime provided for in that Article.

Shared usage will be articulated by agreements between the operators concerned. In the case of occupation of the public domain, in the absence of agreement within one month, any of the operators may, after communication to the rest of them and the holder of such domain, require the Commission of the Telecommunications Market to issue the report provided for in Article 30.3 of Law 32/2003 of 3 November.

2. By way of derogation from the above paragraph, the conditions for the shared use of the premises and electronic communications infrastructures for the interconnection of public electronic communications networks shall be subject to the provisions of this Regulation. in the regulation of the development of Law 32/2003, of 3 November, General of Telecommunications, in the field of interconnection, and will be excluded from the application of the provisions of this article.

3. When in application of the emission limits to be fixed in accordance with the provisions of Article 44.1.a) of Law 32/2003 of 3 November, limits are set at the emission levels for the shared use of infrastructure. (a) to allow more sites to ensure coverage under the terms set out in Article 30.4 of that law.

Article 60. Other easements and limitations.

1. Operators shall, in so far as it is necessary for the protection of their public electronic communications networks, be able to obtain the protection of the radio public domain they use for such networks, for which they shall apply for imposition of easements and limitations on the property, in accordance with the provisions of the additional provision of Law 32/2003 of 3 November, General Telecommunications.

2. In the terms that are established in the regulatory regulations that the article 44 of Law 32/2003 develops, of November 3, they may be established, in accordance with the provisions of article 32.2 of that law, limits to the right of use of the domain public radio for the protection of other legally protected property.

TITLE V

Obligations of a public nature. Secret of the communications and protection of personal data

CHAPTER I

Protection of personal data in the exploitation of networks and in the provision of publicly available electronic communications services

Section 1. General Provisions

Article 61. Scope of application.

1. The purpose of this Chapter is to lay down the rules of technical character for the development of Law 32/2003 of 3 November, General Telecommunications, in relation to the protection of personal data on the holding of networks and in the provision of publicly available electronic communications services. The provisions of this Chapter apply to the processing of personal data in the provision of publicly available electronic communications services and in the operation of public electronic communications networks, as well as in the activities carried out by the persons referred to in Article 51.c of Law 32/2003 of 3 November, in cases where it is applicable.

2. The provisions on the display and limitation of the identification of the line of origin and the connected line and on the automatic diversion of calls shall apply, in the terms set out in Section 3 of this Chapter, to the lines of subscribers connected to digital power stations and, where technically possible and does not require a disproportionate investment by the operator, to the lines of subscribers connected to analogue plants. Operators shall obtain from the Ministry of Industry, Tourism and Trade the corresponding authorisation to be exempted from the requirements regarding the display and limitation of the identification of the originating and connected line. and on automatic call-off.

3. The provisions of this Chapter shall not apply where, in accordance with the rules in force, it is necessary to adopt measures for the protection of public security, the security of the State, the application of criminal law and interception legal communications for any of these purposes.

Article 62. Protection and security of personal data.

1. The subjects required by Article 51 of Law 32/2003 of 3 November, shall ensure the protection of personal data in the exercise of their activity, in the terms laid down in this Regulation and in the legislation in effect.

2. Operators shall take appropriate technical and management measures to preserve the security of the operation of their network or the provision of their services, in order to ensure the levels of protection of personal data. laid down in this Regulation and other applicable rules.

Where there is a particular risk of breach of the security of the public electronic communications network, the operator operating the electronic communications network or providing the electronic communications service shall inform the subscribers. on that risk and, where the risk is outside the scope of the measures to be taken by the service provider, on the possible solutions, with an indication of the possible costs.

Article 63. Legal regime.

The protection of personal data relating to electronic communications networks and services shall be governed by the provisions of Article 38 of Law 32/2003 of 3 November, by this Title V and, as not provided for by those rules, as provided for in existing legislation on the protection of personal data.

Article 64. Definitions.

For the purposes of this title, it is understood by:

a) Traffic data: any data processed for the purpose of conducting a communication through an electronic communications network or for the purposes of its billing.

(b) Location data: any data processed in an electronic communications network indicating the geographical position of the terminal equipment of a user of an electronic communications service available to the user public.

c) Communication: any information exchanged or conducted among a finite number of stakeholders through an electronic communications service available to the public. The information conducted, as part of a broadcasting service to the public, is not included in this definition through an electronic communications network, except to the extent that the information can be related to the subscriber or identifiable user who receives the information.

d) Call: a connection established by means of a telephone service available to the public to allow two-way communication in real time.

e) Service with added value: any service that requires the processing of traffic data or location data other than traffic data that goes beyond what is necessary for the transmission of a communication or its billing.

f) Data processing: operations and technical procedures of an automated nature or not, allowing the collection, recording, preservation, processing, modification, blocking and cancellation, as well as the data transfers that result of communications, queries, interconnections, and transfers.

g) Source line identification facility: the capability that allows the user who receives a call to obtain the phone number information from the line from which that communication originates.

h) Connected line identification facility: the capability that allows the caller to obtain information from the telephone number of the line to which their call has been connected.

Section 2. Personal data relating to certain aspects of electronic communications services

Article 65. Personal data about traffic and billing.

1. Operators shall remove or make anonymous the personal data on traffic relating to a communication and related to users and subscribers who have been processed and stored for the purpose of establishing a communication, as soon as possible. they are no longer necessary for the purposes of their transmission, without prejudice to the following paragraphs.

2. The traffic data that is necessary to carry out the invoicing and the payments of the interconnections may be processed only during the period in which the invoice may be contested or the payment is required, in accordance with the applicable legislation. On the expiry of that period, operators shall remove or make anonymous personal data in accordance with paragraph 1.

3. Operators may also treat traffic data for the purposes of commercial promotion of electronic communications services or for the provision of services with added value, to the extent and for the time necessary for the provision of services. of such services or their commercial promotion, provided that the subscriber has given his informed consent.

For these purposes, the required subjects must be directed to the subscribers, at least one month in advance at the beginning of the promotion or the provision of the service with added value, informing them of the type of services for which they are carry out the treatment, the types of data to be processed and the duration of treatment and request their consent for the processing of the data. This communication, which must be carried out through a means to ensure its receipt by the subscriber, may be carried out jointly with the billing of the service provided by the persons obliged to the subscriber.

A simple means must be provided to the data subject, and it does not imply any entry for the subject to express his refusal to the processing of the data. In particular, the procedure in which such a refusal may be effected by means of a pre-franked consignment to the subject or the call to a free telephone number or to the customer service shall be deemed to be in accordance with this Regulation. he would have established.

If within one month of the subscriber's receipt of the application it has not been made in this respect, it will be understood that it consents to the processing of the traffic data for this purpose, provided that this has been done consist of the information addressed to the subscriber.

In any event, subscribers shall have the possibility to withdraw their consent at any time for the processing of their traffic data referred to in this paragraph.

4. The operator must inform the subscriber or user of the types of traffic data being processed and the duration of this treatment for the purposes referred to in paragraph 2 and, before obtaining the consent, for the intended effects on the paragraph 3.

5. The processing of traffic data, in accordance with the preceding paragraphs, may be carried out only by persons acting under the authority of the service provider or operator of the network dealing with the invoicing or the traffic management, requests for information from customers, detection of fraud, commercial promotion of electronic communications services, the provision of a service with added value or the provision of services information required by the judges and courts, by the Prosecutor's Office or by the bodies or entities which could be claimed by virtue of the powers conferred by Law 32/2003 of 3 November.

In any case, such treatment should be limited to what is necessary to perform such activities.

Article 66. Protection of personal data in broken billing.

Subscribers shall be entitled to receive unbroken invoices when they so request from operators who, in accordance with the provisions of this Regulation, have an obligation to provide such service.

Also, by resolution of the Secretary of State of Telecommunications and the Information Society, the different modalities of presentation of the broken billing that subscribers can request to the operators, such as the deletion of a certain number of figures in the invoice of the numbers to which it has been called or the non-appearance on the invoice of the numbers to which it is called when the payment is made by credit card, as mechanisms of guarantee of the anonymous or strictly private use of the service.

Calls that are free of charge to the calling subscriber, including calls to attendance numbers, will not be included in the call-making subscriber's detailed invoices.

Article 67. Electronic communications services guides available to the public.

1. The required subjects shall inform their subscribers free of charge before they include or provide their data to another entity for inclusion in any type of subscriber's guide, printed or electronic, available to the public or accessible through of information or consultation services on it, the purpose of such a guide, as well as any other possibility of use based on search functions incorporated in their electronic versions. Such information shall be made available to subscribers at least one month in advance of the data being included or provided to another entity for inclusion, and shall be required to request their consent, in accordance with the terms set out in paragraphs 1 and 2. next.

2. In order to ensure that the data relating to a subscriber referred to in Article 30.4 is included for the first time in some form of guidance or provided to another entity for inclusion in it or for the provision of information services or consultation on it, the express consent of that subscriber will be required. For these purposes, an express consent of a subscriber shall be deemed to exist when the operator requests his consent for the inclusion of such data, with an express indication of what these data will be, the manner in which they will be included in the guide and his/her purpose, and it responds by giving you acceptance. It will also occur when the operator is written to his or her operator requesting that their data be included in the guide.

If the subscriber has not given his express consent, it is understood that he does not agree to be published in the corresponding guide.

Once consent is granted in accordance with the preceding paragraph, for subsequent inclusions of such data in the guidance or its delivery to another entity for inclusion therein or for the provision of information or services It shall be sufficient, within one month, in the communication in which the consent is sought, that the subscriber does not expressly object to such inclusion.

3. The inclusion in a guide, printed or electronic, of any data other than those provided for in Article 30.4 shall require the express consent of the subscriber for this, both the first time and the successive inclusions.

For these purposes, it is understood that there is an express consent of a subscriber when the subscriber is directed in writing to the person who elaborates the guide or to whom he provides his personal data to another entity for that purpose and asks him to expand your personal data contained in the guide. It will also occur when the person who prepares the guide or who provides his personal data to another entity for that purpose requests the subscriber his consent for the inclusion of such data, indicating expressly what these will be, the way in which be included in the guide and its purpose, and the guide responds to it by accepting it.

If the subscriber has not given his express consent, it is understood that he does not accept that other data other than those set out in the first paragraph of this paragraph are published in the corresponding guide.

4. Subscribers will have the right to have their data displayed in the guide not used for advertising or commercial prospecting purposes, and for this to be clearly stated in the guide. In the same way they will have the right to partially omit their address or some other data, in the terms that their supplier has stipulated. They may also exercise the rights of access, rectification, cancellation and opposition in the terms provided for in the legislation in force on the protection of personal data.

The exercise of the rights referred to in this paragraph shall not imply any entry for the obligated subject.

Subscribers who have exercised their right not to appear in the guides shall be entitled to receive the additional information referred to in the first subparagraph of Article 71 (2

.

5. The guide referred to in Article 30 shall cease to have the source character accessible to the public when the following update is published. The other guides shall lose that character with the following update or, failing that, after the period of one year since their last publication, irrespective of the format in which they were drawn up.

6. The provisions of the preceding paragraphs in relation to the subscriber guides shall apply to the data used for the provision of consultation services on subscriber numbers.

Article 68. Provision of services for the development of subscriber guides and telephone consultation on subscriber numbers.

1. The preparation and placing on the market of subscriber guides to electronic communications services and the provision of telephone consultation services on subscriber numbers shall be carried out under free competition.

2. The Commission of the Telecommunications Market must provide, free of charge, to the entities which are to draw up a telephone number of subscribers, to whom they provide the telephone consultation service on subscriber numbers and to those who provide the emergency call services, the data provided by the operators, in accordance with the provisions of this regulation, with the instructions which, if any, the Commission of the Telecommunications Market will dictate and to this effect is established by ministerial order.

The data concerning subscribers who have exercised their right not to appear in the guides accessible to the public will be provided only to the entities that hold the emergency call service. For these purposes, the emergency call services shall be understood to be those provided through the number 112 and those determined by the Secretary of State for Telecommunications and the Information Society.

The supply will be made at the express request of the interested entity and after a reasoned resolution of the Commission of the Telecommunications Market, prior to the report of the Spanish Agency for Data Protection, in which the recognises that the entity meets the requirements for accessing the data and the conditions of supply and use of the data provided are established.

3. The entities receiving the data of the Telecommunications Market Commission shall be obliged to provide the services which motivate the communication of the data, to the use of the data communicated solely and exclusively for This capability and the use for it of the latest updated version of the data that is available.

In the event that within six months of the recognition of the right of the requesting entity for access to the subscriber's data, the subscriber would not have initiated the provision of the services under which it was agreed supply of the information, or it is established that after the recognition of the right the data are used for other purposes other than or are used in a way different from that established by the Commission of the Market of the Telecommunications, this, after the report of the Spanish Data Protection Agency, will dictate a reasoned resolution to revoke, where appropriate, the decision on the recognition of the right of access to the data.

If the revocation of the resolution recognizing the right of access to the data was agreed upon, the entity concerned should proceed to the immediate deletion of the data that would have been communicated to it, as well as any other information. copy of these.

This paragraph is without prejudice to the powers conferred on the Spanish Data Protection Agency by the legislation in force on the protection of personal data.

Article 69. Unsolicited calls for direct selling purposes.

1. Calls not requested by subscribers for the purpose of direct selling carried out by means of automatic call systems, through electronic communications services, without human intervention (automatic call devices) or facsimile (fax) may only be made to those who have given their prior consent, express and informed.

Failure to comply with the above paragraph shall be sanctioned in accordance with the provisions of Article 38.3.c) or in Article 38.4 (d) of Law 34/2002 of 11 July on the services of the Information Society and e-commerce.

2. Calls not requested by subscribers for direct selling purposes which are made by systems other than those laid down in the preceding paragraph may be made except those addressed to those who have expressed their wish not to receive such calls.

By way of derogation from the preceding paragraph, to make the calls to which the latter refers to those who have decided not to appear in the electronic communications guides available to the public or to those who have exercise their right to have the data appearing in them not used for advertising or commercial prospecting, it is necessary to have the express consent of those.

Article 70. Location data other than traffic data.

1. In the event that location data, other than traffic data, relating to users or subscribers of public communications networks or electronic communications services available to the public can be processed, they may be treated only such data if made anonymous, or prior express consent of the users or subscribers, to the extent and for the time necessary for the provision of a service with added value.

For these purposes, the required subjects must address the users or subscribers at least one month in advance at the start of the service delivery with added value, and inform them of the different location data type of the traffic data to be processed, the purpose and duration of the processing and whether the data shall be transmitted to a third party for the purposes of the provision of the service with added value, and request their consent for the processing of the data. the data. This communication, which must be carried out by a means guaranteeing its reception by the user or subscriber, may be carried out jointly with the billing of the service provided by the subjects required to the subscriber.

It is understood that there is express consent when the user or the subscriber is directed to the subject and requests the delivery of the services with added value that require the processing of their location data.

In any case, users or subscribers must be able to withdraw their consent at any time for the processing of their location data other than the traffic data referred to in this paragraph. to temporarily refuse the processing of such data, by means of a simple and free procedure, for each connection to the network or for each transmission of a communication.

2. Where the consent of a user or subscriber for the processing of location data other than the traffic data has been obtained, the user or subscriber shall continue to be able, by a simple and free procedure, to temporarily refuse the processing of such data for each connection to the network or for each transmission of a communication.

3. They may only be responsible for the processing of location data other than traffic data in accordance with paragraphs 1 and 2 for persons acting under the authority of the operator of the public communications or services networks. electronic communications available to the public or the third party providing the service with added value, and such treatment shall be limited to what is necessary for the purpose of providing the service with added value.

4. By way of derogation from this Article, operators shall provide the location data other than the traffic data to the entities authorised for the attention of the emergency services, where the destination of the calls corresponds to such data. entities.

Section 3. Protection of Personal Data in Advanced Telephony Services

Article 71. Viewing and restricting the source and connected line.

1. This chapter shall apply to operators providing publicly available telephone services with the facilities for identification of the line of origin and identification of the connected line.

2. The operators referred to in paragraph 1 shall individually inform each of their subscribers, 15 days in advance of the start of the provision of the facilities for identification of the line of origin and the connected line, of the characteristics of these facilities. In particular, in the information addressed to subscribers who have decided not to appear in the guides, the particular situation of the subscriber should be highlighted, the way in which the use of the said facilities can be used can be detailed. affect the protection of your privacy and your right to the protection of your personal data.

Operators must submit the communication to be used to inform subscribers to the Spanish Data Protection Agency report.

Operators will offer subscribers a free and prompt service to enable them to consult on the operation of these facilities and to communicate, where appropriate, the configuration and options chosen. for these.

The operators who are to provide the facilities for identification of the line of origin or of the connected line must refer to the Ministry of Industry, Tourism and Trade and the Spanish Data Protection Agency, with prior to the provision of such facilities, a document containing the characteristics and procedures used to ensure compliance with the provisions of this Regulation on such facilities. Operators shall also be required to communicate, in advance of their application, subsequent variations in the characteristics of their tenders.

Article 72. Delete at source, call to call, from the source line identification.

The operators referred to in paragraph 1 of the preceding article which are involved in the establishment of communications with the facility for identification of the source line must, necessarily, offer the possibility, in the network, that the user who originates the calls can delete, in each one of them and through a simple and free procedure, the identification of the source line.

The user-origin deletion, called to call, of the identification of the source line in the fixed public telephone networks will be performed by the markup of a code in the telephone accesses that are made to through these networks.

For the purposes of the above paragraph, the Secretary of State for Telecommunications and the Information Society shall attribute a short number as code for the deletion at source by the user, called to call, identifying the source line.

The user-origin deletion, called to call, of the identification of the line of origin in the mobile telephone networks, in its GSM mode and in the digital network of integrated services must be carried out by means of the the marking of codes which are, in order of preference, to be in accordance with European technical standards, international regulations, international agreements of operators and, failing that or in a complementary manner, to technical specifications national.

The markup of the codes mentioned in the preceding paragraphs must be made prior to the selection of the operator, if any, and the number of the subscriber to the call.

However, the provision of the analogue technology based on analogue technology shall not be subject to the obligation laid down in this Article.

Article 73. Delete at source by line identification of the source line.

The operators referred to in Article 71 (1), who are involved in the establishment of communications with the ease of identification of the line of origin, will necessarily have to offer the possibility, to the extent that to cooperate in the establishment of such communications, that any subscriber can automatically delete in all of his calls the identification of his or her line.

subscribers may, free of charge, activate or deactivate such automatic deletion twice within six months of the start of the provision of information referred to in Article 71 (3). Subsequently, the subscriber may, free of charge, carry out such an operation once for a period of six months. For more frequent activations or deactivations, operators may establish a price-oriented price. Operators may not establish periodic quotas or prices for other concepts other than the latter in the provision of automatic deletion of the identification of the line of origin.

Article 74. Operator selection code.

When an operator selection has been made in the setting of a communication by code markup, it must not be displayed on target.

Article 75. Deletion to target the source line identification.

Where the operators referred to in Article 71 (1) provide for the identification of the line of origin at destination, they shall provide the subscriber who receives the call with the possibility, by means of a simple and free procedure, to prevent the display of the source line identification on the received calls.

Subscribers may, free of charge, activate or deactivate the deletion of the display at the destination of the source line twice within six months of the start of the provision of information referred to in paragraph 3 of Article 71. Subsequently, the subscriber may, free of charge, carry out such an operation once for a period of six months. For more frequent activations or deactivations, operators may establish a price-oriented price. Operators may not set periodic quotas or prices for other concepts other than the latter in the provision of automatic deletion of the identification at the destination of the source line.

Article 76. Filtering on target-less calls.

Where the operators referred to in Article 71 (1) provide for the identification of the originating line at destination and is present before the call is established, they shall provide the subscriber receiving the call. called the possibility, using a simple procedure, to reject calls from users or subscribers that prevented the display of the source line identification.

Article 77. Removing the delete at source from the source line identification.

The operators referred to in Article 71 (1) shall remove the deletion marks at the origin of the identification of the originating line, where the destination of the calls corresponds to entities providing services of emergency calls through the number 112 and others authorized for the attention of the emergency or those related to public safety or national defense. The application of the removal marking mechanism at the origin of the identification of the line of origin for emergency services other than those served by the number 112 shall be approved, at the request of the institutions (a) the provision of such emergency services or of trade, in advance and for each particular case or type of emergency service, by means of a resolution of the Secretariat of State of Telecommunications and the Information Society.

The application of the removal marking mechanism at the origin of the identification of the origin line for reasons of public security or national defense shall be carried out when the same is established by resolution of the Ministry responsible for these matters. The resolution shall be dealt with and adopted in accordance with the principles of transparency and proportionality, and shall be communicated to the Secretariat of State for Telecommunications and the Information Society and to the other Regulatory Authorities to Article 46 of Law 32/2003 of 3 November, General Telecommunications.

In addition, deletion marks may be removed for a limited period of time at the origin of the identification of the originating line when the subscriber has requested the identification of the malicious or annoying calls, in accordance with the rules in force at any time on the protection and suspension of guarantees of the secrecy of communications.

Article 78. Permanent deletion to the target of the source line identity.

The Ministry of Industry, Tourism and Trade will be able to establish, to protect the rights of citizens, especially the right to privacy, which, free of charge, certain destinations of the calls associated with certain services do not have the ease of identification of the source line.

Article 79. Deleting the attached line identification.

Where the operators referred to in Article 71 (1) provide the facility for identification of the connected line, the subscriber receiving the call shall have the possibility, by means of a simple and free procedure, to delete the display to the user making the connected line identity call.

Article 80. Technical characteristics.

The operators referred to in Article 71 (1) shall apply, in general and whenever feasible, for the implementation of the facilities for identification of the line of origin and the connected line, the rules Community techniques to be applied. Failing this, they shall apply the rules, specifications or recommendations of European bodies or, in the absence thereof, those adopted by international standards bodies. In the absence of all the above, national rules will be taken into account.

In any event, such operators shall make available to the manufacturers of terminal equipment or other entities, in a neutral, transparent and non-discriminatory manner, up-to-date information on the characteristics of the equipment. and technical standards applied for the implementation in their networks of the identification facilities of the line of origin and the connected line. As regards the information to be provided to the manufacturers of terminal equipment, the terminal equipment manufacturers must contain a sufficient level of detail to enable the design of equipment capable of making use of all the functionalities that are part of the of the identification facilities of the originating line and the connected line.

Article 81. Responsibility of operators who have their networks interconnected.

1. In the event that the networks of several operators are interconnected, it will be the responsibility of the operator from whose network the call originates and delivery at the point of interconnection of the identity of the origin line and the respect of the possible delete mark that was entered by the user.

The operator whose network is the final destination of the call and provides the ease of identification of the source line shall do so on the basis of the information received associated with the call and in the framework of what is established in the previous articles.

2. Likewise, in the provision of the facility for identification of the connected line, operators of the origin or destination of the calls will be responsible for the correct provision of the specific functionalities corresponding to their network.

The operator whose network performs exclusively call transit services shall transmit in each case and in a transparent manner the identity of the originating line or the connected line and its associated brands.

3. The sending of information on the identity of the line of origin in the international interconnection with third countries will only be carried out towards those whose regulations guarantee the proper treatment of personal data. The relationship of countries to which information on the identity of the origin line can be sent will be established by the Director of the Spanish Data Protection Agency, prior to the report of the Secretariat of State of Telecommunications and for the Information Society.

Article 82. Automatic call diversion.

The operators referred to in Article 71 (1) shall provide all subscribers with a simple and free procedure for the possibility of avoiding the automatic diversion of calls to their terminal by an operator. third.

CHAPTER II

Legal Interception of Communications

Section 1. General Provisions

Article 83. Object.

This chapter is the subject of the procedure to be followed and the measures to be taken, in accordance with Article 33 of Law 32/2003 of 3 November, General Telecommunications, they provide or are in a position to provide publicly available electronic communications services or to establish or operate public electronic communications networks.

The only intercepts that will be required to carry out the subjects referred to in Article 85 are those provided for in Article 579 of the Law on Criminal Procedure, in Organic Law 2/2002, of 6 May, Prior judicial control of the National Intelligence Center, and other standards with a range of organic law.

Article 84. Definitions.

For the purposes of this chapter, the terms defined in this article will have the following meaning:

(a) Legal Interceptation: a measure established by law and adopted by a judicial authority that agrees or authorizes the access or transmission of a person's electronic communications, and information relating to the interception, to the authorised agents, without prejudice to the provisions of Article 579.4 of the Criminal Procedure Act.

b) Interdiction interface: physical or logical location within the facilities of the required subjects in which the intercepted electronic communications are provided and the information relating to the interception to the authorised agents. The interception interface is not necessarily a single fixed point.

c) Order of legal interception: resolution agreed by a judicial authority that agrees or authorizes the adoption of a measure of legal interception or orders the necessary for its technical execution to the subjects required or an authorized agent.

d) Subject to the interception: the person or persons designated, or included individually, in the order of legal interception whose electronic communications are the subject of the measure.

(e) empowered agent: judicial police or personnel of the National Intelligence Center enabled by a judicial authority to materialize a legal interception.

f) Judicial authority: authority to which the law empowers to agree or authorize the adoption and to order the technical execution of a measure of legal interception.

g) Centre for the reception of intercepts: the installation of the authorised agents receiving intercepted electronic communications and the information relating to the interception of a given subject to interception.

h) Roaming: a situation where an electronic communications service is provided by a network other than the one where the user is registered.

i) Identity: a technical label that may represent the origin or destination of any electronic communications traffic, in general identified by a physical electronic communications identity number (such as a telephone number) or a logical or virtual electronic communications identity code (such as a personal number) that the subscriber can assign to a physical access on a case-by-case basis.

Article 85. Subject and obligation to collaborate.

1. They shall be required to follow the procedures and take the measures referred to in Article 83 by operators who provide or are in a position to provide publicly available electronic communications services or to establish or to operate public communications networks in Spain, regardless of the nature, territorial scope and time at which their rating took effect.

The operators referred to in the preceding paragraph will be required to comply with this chapter, even if they only provide access to a public electronic communications network in Spain, and all operators equipment that can be used to perform the interception is under the jurisdiction of another State.

2. Any network operator that you make available to an electronic communications service provider must collaborate with it in meeting the requirements of this chapter.

In addition, any other provider of publicly available electronic communications services that agrees to provide roaming services with a primary provider will be obliged to cooperate with the provider in the enforcement of the the requirements of this chapter.

Article 86. General requirements.

1. The obliged subjects must have their equipment configured in such a way that they can facilitate the access of the authorised agents to all communications transmitted, generated for transmission or received by the subject of a legal interception and the traffic data associated with that communication. Together with the communications, they must be able to provide information on the interception referred to in Article 88, even if the communication is merely an attempt to fail to establish itself. The correspondence between a communication and the information relating to such interception shall be made in such a way that an unambiguous correlation can be established between the two, provided that it is technically possible.

2. The interception referred to in the preceding paragraph shall be provided for any communication which has as its origin or destination the network termination point or the specific terminal to be determined on the basis of the legal interception order, even if it is intended for storage or processing of the information; the interception may also be carried out on a known terminal and with temporary location data for communications from public premises. Where there is no fixed connection between the subject of the interception and the terminal used, it may be determined dynamically when the subject of the interception activates it for communication by means of an identification code. personnel.

3. The subjects referred to in the above paragraphs shall have the technical and human resources to enable compliance with the obligations laid down in this Regulation.

Article 87. Access to electronic communications.

1. Access to an electronic communication by the obligated subject shall be made by excluding any other communication that is not included in the scope of the legal interception order.

2. Access shall be provided for all types of electronic communications, in particular for their penetration and coverage, for which they are carried out in any form of telephony and data transmission services, video, audio, message exchange, file or facsimile transmission communications.

3. The facilitated access will serve both the supervision and the transmission to the reception centers of the intercepts of the intercepted electronic communication and the information regarding the interception, and will allow to obtain the signal with the communication is performed.

4. Access to communications shall be provided even if the interception subject uses procedures to divert calls to other electronic communications services or to other network termination points, or to other terminals, and still when the calls are processed by electronic communications service providers other than the one to which the interception order is addressed, provided that the communication that is the subject of the interception order can be discerned.

Article 88. Information regarding the interception.

1. The obliged subjects must provide the authorized agent, except that due to the characteristics of the service they are not at their disposal and without prejudice to other data that can be established by royal decree, the data indicated in the order of legal interception, from among those listed below:

a) Identity or identities-within the meaning defined in article 84.i)-of the subject subject to the measure of interception.

b) Identity or identities-within the meaning defined in article 84.i)-of the other parties involved in electronic communication.

c) Basic services used.

d) Additional services used.

e) Address of the communication.

f) The response indication.

g) Cause of completion.

h) Temporary marks.

i) Location information.

j) Information exchanged through the control or signaling channel.

2. In addition to the information relating to the interception provided for in the preceding paragraph, the required subjects must provide the authorised agent, unless the characteristics of the service are at their disposal and without prejudice to other information. which may be established by means of a royal decree, of any party involved in the communication which are the clients of the subject, the following data:

a) Identification of the natural or legal person.

b) The address at which the provider makes the notifications.

And, even if not paid, if the service in question allows you to have any of the following:

c) The number of service holders (both the directory number and all electronic communications IDs of the subscriber).

d) The terminal identification number.

e) The account number assigned by the Internet service provider.

f) Email address.

3. Together with the data provided for in the above paragraphs, the required subjects shall provide, except that the characteristics of the service are not at their disposal, information on the geographical location of the terminal or network termination point. origin of the call, and the origin of the call destination. In the case of mobile services, a position as accurate as possible of the communication point and, in any case, identification, location and type of the base station concerned shall be provided.

Section 2. Operational Requirements

Article 89. Pre-interception information.

1. In the framework of the legal investigation at the request of the judicial authority or where a rule with a legal status so determines, the subjects required pursuant to Article 85 shall make available to the authority carrying out such investigation, with a view to the legal interception, updated information relating to the data referred to in Article 90.

2. Prior to the execution of the order of legal interception, the required subjects must provide the authorized agent with information on the services and characteristics of the telecommunications system used by the subjects covered by the the measure of the interception and, if they do so, the corresponding names of the subscribers with their national identity card numbers, residence card or passport, in the case of natural persons, or denomination and code of tax identification in the case of legal persons.

3. The persons required under Article 85 must be prepared to provide the necessary organisation to ensure compliance with the legal interception order in accordance with the terms laid down in Article 99. To do this, they must identify the unit that is enabled to receive an interception order that is notified to them and establish the internal procedures to support the necessary actions.

Article 90. Information for the interception.

The interception will take effect if the legal interception order includes at least one of the following data:

a) The identification of the subscriber or user subject to the interception.

b) The location where a network termination point is encountered that the operator provides service to.

c) A network termination point (address), or terminal identifier, to which the electronic communications service provider provides service.

d) The identification code in case it is the user who activates the terminal for communication.

e) Any other identity-within the meaning defined in article 84.i)-corresponding to the subject specified in the legal interception order.

Article 91. Places for interception.

In order to define the responsibilities and to better ensure the secrecy of the telecommunications against third parties, their interception will preferably be carried out in rooms with restricted access to guarantee the confidentiality in the terms of Article 92. In any case, the confidentiality of communications must be ensured, and the necessary technical measures must be taken.

Article 92. Authorized personnel.

Without prejudice to the provisions of the legislation on the protection of classified materials, the obliged subject shall be responsible for the fact that only personnel who have been expressly authorized can access the interception.

Article 93. Confidentiality.

1. Any document relating to interception operations, as well as any information relating to interception procedures, shall be restricted to persons authorised in accordance with the provisions of the previous Article and without prejudice to the provisions of the legislation on classified materials.

2. The interception shall be carried out in such a way that neither the subject to the interception nor any unauthorized person may be aware of it. In particular, the performance of the service must be the same as in the absence of interception, and no alteration of the service may allow an interception to be suspected.

Article 94. Real-time access.

The interception will be performed in real time, without delay that the minimum necessary to perform the routing and transmission, and uninterrupted during the time limit set in the order of legal interception. If the information relating to the interception referred to in Article 88 in real time cannot be provided in real time by force majeure, it shall be made at the end of the connection and, in any case, as soon as possible.

Article 95. Interception interfaces.

The obligated subjects must have at all times prepared one or more interfaces through which the intercepted electronic communications and the information regarding the interception will be transmitted to the centers of reception of the intercepts. The characteristics of these interfaces and the format for the transmission of the intercepted communications to these centres shall be subject to the technical specifications which are laid down by the Ministry of Industry, Tourism and Trade.

Article 96. Clear signal and quality of the delivered signal.

In the case that the subjects required to apply to the communications subject to legal interception some procedure of compression, encryption, digitalization or any other type of coding, they must deliver those without the effects of such procedures, provided that they are reversible.

Intercepted communications must be provided to the receiving center of the intercepts with a quality that is not less than the one obtained by the recipient of the communication.

Article 97. Secret of communications.

Communications and interception information will only be provided to the authorized agent. To this end, the subjects referred to in Article 85 shall make all necessary means to prevent the manipulation of the interception mechanisms, and to ensure the authenticity, confidentiality and integrity of the information obtained. with the interception.

Article 98. Multiple and concurrent intercepts.

1. The required subjects shall ensure that more than one legal interception can be carried out in a multiple manner in relation to a line, user or subscriber.

2. The maximum number of simultaneous intercepts to be able to provide a network operator or service provider shall be established by ministerial order.

Article 99. Term of execution of the interception.

1. The time limit for the execution of a legal interception order shall be that set out therein. When no deadline is set, the orders will be executed before 12:00 hours on the next business day to which the obligated subject will receive the legal interception order.

2. Where the order of legal interception establishes the urgency of its execution, the obliged subjects shall execute it as soon as possible taking into account the provisions of the order of interception.

3. The activation of the interception mechanism shall be notified to the agent authorised by the means to be agreed between the said agent and the subject.

Article 100. Credit for the cost of the interception.

The operator or provider of electronic communications services which has made a legal interception shall be entitled to the amounts in which it has incurred the use of communication channels, temporary or (a) to provide for the transmission of intercepted electronic communications and the information relating to the interception of the authorised agents, taking into account the prices applied in each of the Member States. case. In no case shall the costs relating to specific equipment for the interception of which, where appropriate, be provided, be the subject of compensation, as they constitute an ancillary charge to the duties of the relevant rating.

Article 101. Violations.

1. Without prejudice to the criminal liability which may be incurred in the execution of the intercepts, failure to comply with the orders for legal interception shall constitute a punishable offence in accordance with the provisions of the Title VIII of Law 32/2003 of 3 November, General of Telecommunications.

2. The imposition of the penalty shall assess the delay in the execution of the interception and other damage caused by the non-compliance.

TITLE VI

Consumer rights that are natural persons and other end users

CHAPTER I

General provisions

Article 102. Object.

1. The specific aspects of the field of telecommunications relating to the rights of consumers who are natural persons and other end users of electronic communications services are covered by this Title.

2. The provisions of this Title are without prejudice to the provisions of other applicable rules and, in particular, to Law 26/1984 of 19 July, General for the Defence of Consumers and Users, and of the autonomic legislation laid down in this Title. material.

3. Liability for damages to end users shall be required in accordance with the provisions of the civil legislation or the sectoral rules applicable to them.

Article 103. Conditions for the provision of services.

Consumers who are natural persons and other end users shall be entitled to the use of electronic communications services in the terms laid down in the rules in force and, where applicable, in contracts which They will be held with operators Operators shall comply with the obligations imposed on them by the applicable rules in relation to consumers who are natural persons and other end-users.

Article 104. Conflict resolution procedures.

1. Operators must have a dedicated customer service department or service, which is intended to address and resolve complaints and complaints and any contractual impact that their clients pose. The holders of the department or customer service shall be responsible for relating, where appropriate, to the holder of the administrative service for the settlement of disputes referred to in paragraph 4 and to whom they shall send copies of the actions taken with an indication of the reference number assigned to the corresponding claim. This customer service, free of charge, must be provided in such a way that the consumer is aware, in any case, of the complaint, complaint or request made, the operator being obliged to inform the subscriber of the number of the reference to the user's complaint, complaint, or incident.

By way of derogation from the preceding paragraph, by ministerial order, the exemption from the obligation to dispose of the department or its turnover may be established, depending on the number of employees of the operator or its turnover. specialised service referred to in that subparagraph, without prejudice to compliance with the other requirements laid down in Article 105.2.k.)

If the means enabled by the operator for the attention of complaints, complaints or incidents is telephone, it will be obliged to inform the consumer of its right to request a document that accredits the presentation and content of the complaint or claim by any support that permits such accreditation.

2. Subscribers must make their complaints or complaints within one month from the moment they are aware of the fact that they are motivated. If the subscriber has not received a satisfactory reply from the operator within one month, the complaint may be referred to the following sections.

3. Subscribers may direct their claim to the Consumer Arbitration Boards, in accordance with the terms laid down in their regulatory regulations.

4. In order to ensure that the operator or the subscriber does not submit to the Arbitaral Boards, the latter may, within three months of the operator's reply or the end of the deadline to reply, be sent to the Secretariat of State of Telecommunications and the Information Society which, once the necessary formalities have been completed, will give a decision on the question raised which will only be able to deal with the rights of consumers who are natural persons. end users specifically regulated in this title and in their development regulations. The deadline for resolving and notifying the resolution shall be six months. The decision which is to be taken shall exhaust the administrative procedure and may be brought before the administrative court.

The subscriber may submit his or her complaint to the Secretary of State of Telecommunications within three months of the notification of the non-acceptance of the arbitration by the operator, provided that he has raised the request for arbitration within three months of the operator's reply or the end of the deadline for responding.

5. The Ministry of Industry, Tourism and Trade may authorise the extension of the time limits for the suspension or interruption of the service, upon request of any subscriber who has initiated the dispute resolution procedure to which he/she is refers to this article.

6. Complaints to the Secretary of State for Telecommunications and the Information Society may be made by means of telematics, using the electronic signature recognized. In addition, the formalities for requiring information or documentation from operators may be carried out through this route.

Users will be able to consult on the rights recognized in this title in front of a one-stop shop enabled by the Ministry of Industry, Tourism and Commerce on their website www.mityc.es\ventanillavirtual.

CHAPTER II

Contracts

Article 105. Contracts for access to the public telephone network.

1. Consumers who are natural persons and other end users shall be entitled to enter into contracts with operators who facilitate the connection or access to the public telephone network. The general rules on consumer and user protection shall apply to the formalisation of the contract.

2. The contracts referred to in the preceding paragraph shall specify at least the following aspects:

(a) The name or business name of the operator and the address of its principal place of business.

b) The customer support phone.

(c) The characteristics of the service offered, with an indication of the time limit of the initial connection, the description of each of the benefits included in the contract, with the indication of which concepts are included in the the subscription fee and, where applicable, other fees. The right of disconnection, where appropriate, and the method of exercise thereof, shall be included in the cases referred to in Article 113.

(d) The individual levels of quality of service that the operator undertakes to offer and the assumptions in which his or her non-compliance with the right to demand compensation, as well as his method of calculation. For such purposes, operators shall use the parameters and methods of measurement which, where appropriate, shall be determined by the Ministry of Industry, Tourism and Trade.

e) Prices and other economic conditions of services. This information shall comprise the data relating to the prices and tariffs that apply and the modalities for obtaining updated information on the applicable tariffs.

(f) Contract period, indicating, where appropriate, the existence of minimum hiring and renewal periods.

g) Compensation and reimbursements policy, with indication of the compensation or reimbursement mechanisms offered, as well as the method of determining their amount.

h) The maintenance service types offered.

(i) Procedures for the settlement of disputes between those referred to in Article 104, including, where appropriate, those created by the operator himself.

j) Causes and forms of extinction and renewal of the credit agreement. The contract will be extinguished by the general causes of extinction of the contracts and, especially, by the will of the subscriber, communicating previously to the service provider with a minimum advance of 15 calendar days at the moment in which it has to supply effects.

k) Address of the operator's business office, postal and electronic address of the department or specialised customer service referred to in paragraph 1 of the previous article, operator's own telephones and, where applicable, website, for the purposes of the submission of complaints, complaints and requests by the subscriber, specifying a simple and free procedure and without additional charges, allowing the submission of the same and its accreditation.

l) Recognition of the right to choose the means of payment among those commonly used in commercial traffic.

m) Information concerning the processing of personal data of the client, in the terms required by the legislation in force in the field of data protection.

n) Customer information in the cases and with the content required by the provisions of Chapter I of Title V of this Regulation, where applicable.

3. Consumers who are natural persons and other end-users who adhere to contractual pre-payment arrangements shall be entitled to the minimum content provided for in the previous Article in the general and particular conditions which are applicable to them.

4. The operator shall refrain from billing and charging any amount that may have been due, for reasons not attributable to the user, after the 15-day period in which the user had to have a low effect.

The operator-enabled procedure for the consumer to make use of this right shall be in accordance with Article 104, in any case ensuring that the user is aware of the content of his or her application for discharge in the service.

Without prejudice to the obligations of the operator provided for in Articles 118 and 119, which the user has requested the contractual non-compliance resolution, the effectiveness of this requirement shall be immediate, with the parties to the to claim the reciprocal obligations arising from the contract which are generated after the date of the requirement, as long as the claim for non-compliance to be made by the consumer is not settled, in accordance with the procedures laid down in Article 104.

Article 106. Other contracts.

1. The conclusion of contracts between consumers who are natural persons or other end users and operators other than those that facilitate connection to the public telephone network shall be governed by the applicable specific rules, in particular those of defence for consumers and users and for the management of retail trade.

2. In any event, the content of the contracts referred to in the preceding paragraph shall meet the requirements set out in paragraph 2 of the previous Article.

Article 107. Contractual modifications.

Any proposed modification of the contractual terms, including those referred to in Article 105.2, shall be communicated to the subscriber at least one month in advance, at the same time as the the right of the subscriber to terminate the contract without penalty in case of non-acceptance of the new conditions.

Article 108. Approval and notification of contracts.

1. The Secretariat of State for Telecommunications and the Information Society will approve, after a report by the Telecommunications Market Committee, the Spanish Data Protection Agency and the National Consumer Institute, and with the hearing of consumer and user associations, through the Consumer and Users Council, with a view to their use, the type-contract models relating to the provision of electronic communications services which are subject to public service obligations. These contracts shall respect the minimum standards of quality which shall be established.

2. The Secretariat of State for Telecommunications and the Information Society may approve, prior to its use, the models of contract-type relating to the provision of services with higher rates, and shall, where appropriate, establish the applicable mandatory conditions. For the purposes of this Regulation, additional charging services and other charges which have been declared as such by resolution of the Secretary of State for Telecommunications and for the purposes of this Regulation shall be taken into account. Information Society, due to the existence of a higher turnover than the cost of the electronic communications service and in the interest of a special protection of the rights of users.

3. Type-hire models with users providing additional charging services shall be approved by the Secretariat of State for Telecommunications and for the Information Society, following a report by the Commission on the supervision of Additional charging services, from the Spanish Data Protection Agency, from the Consumers and Users Council and from the Telecommunications Market Committee.

By order of the Minister of the Presidency, on the proposal of the Ministers of Industry, Tourism and Trade and of Health and Consumer, the provision of the additional charging services will be regulated, their subjection to a code of conduct as well as the composition and functioning of the Commission for the supervision of additional charging services.

4. Contract-type contracts other than those mentioned in the previous paragraph and their updates and modifications shall be communicated to the Ministry of Industry, Tourism and Trade.

CHAPTER III

Rights and obligations for transparency, information and quality

Article 109. Transparency and publication of information.

1. Operators providing electronic communications services shall forward the contracts referred to in the preceding Articles and their amendments, at least 10 days in advance of their entry into force, to the Ministry of Industry, Tourism and Trade, the Telecommunications Market Commission, the National Consumer Institute, the Spanish Data Protection Agency and the Consumer and Consumer Council. The latter body shall make it available to consumer and user associations integrated into it.

2. Operators shall provide information on the minimum content of contracts on their website, in writing, if requested by a consumer who is a natural person or other end user, who shall not be required to incur any costs for his/her receipt, and in the public service telephone, whose calls will have the maximum cost of the ordinary price of the telecommunications service without charge.

3. In addition, operators providing the available telephone service to the public shall, by means of the means set out in the preceding paragraph, provide the following information:

(a) Your name or social reason and the address of your headquarters or principal establishment.

b) Regarding the available telephone service to the public:

1. Description of the services offered, indicating what is included in the fee, in the subscription fee, and in other periodic billing fees.

2. General Fees that include the access fee and all types of usage and maintenance fees, including detailed information on special and modulated reductions and rates.

3. The Policy of Compensation and Refunds, with concrete details of the compensation and reimbursement mechanisms offered.

4. º Types of maintenance services offered.

5. Normal Conditions of Employment, including the minimum time limit, where applicable.

c) Conflict resolution procedures, including those created by the operator itself.

(d) Information, where appropriate, about the rights in relation to the universal service, including the facilities and services referred to in Article 35.

4. The operators referred to in Article 71.1 shall communicate the information relating to the provision of the facilities referred to in that Article to the entities referred to in paragraph 1 of this Article, as well as to provide such information. information by the means referred to in paragraph 2.

Article 110. Obligations on quality and billing.

1. Operators providing electronic communications services shall publish detailed, comparable, relevant, easily accessible and up-to-date information on the quality of the services they provide, both on the offer and on the service. achieved. The parameters and methods for measurement shall be available to consumers who are natural persons and other end users.

For such purposes, the Ministry of Industry, Tourism and Trade may specify, by order, among other elements, the quality of service parameters to be quantified, as well 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 the possibility of comparison of the data, including the annual performance of audits.

2. Providers of electronic communications services available to the public shall provide the Ministry of Industry, Tourism and Trade, upon request, with the quality of service information required for the publication of the summary (a) comparative and for the monitoring and monitoring of the conditions for the provision of services and public obligations. Such information shall relate to the parameters established by the ministerial order referred to in the preceding paragraph. In addition, the obligation to report without the need for prior request may be established in the event of significant degradation of the quality of service, in the terms established there.

3. By ministerial order, mechanisms may also be established to ensure the accuracy of the invoicing carried out, which may include, in particular, the need for certain categories of operators, such as those providing service with charging depending on the duration of the connection, the volume of information or the distance, have to prove that their systems of measurement, charging and management of the invoicing comply with rules of assurance of the quality such as those of the ISO 9000 family.

Article 111. Modification of offers.

The modification of advertising offers shall be governed by the applicable specific rules and, in any case, shall be published in terms similar to the original offer and shall be notified to the end users concerned.

CHAPTER IV

Rights in relation to publicly available telephone service

Article 112. Phone service billing.

Consumers who are natural persons and other end users will be entitled to have the telephone service operators available to the public to submit invoices for the charges they have incurred. Invoices must be made compulsory and duly differentiated in respect of the price concepts which are applied for the services provided. Users shall have the right to obtain, at their request, independent invoices for additional charging services and other higher tariff services and for guarantees on these services to be established by ministerial order. They shall also be entitled to obtain detailed billing, with the breakdown to be established by ministerial order, without prejudice to the right of subscribers not to receive broken invoices, as referred to in Article 66.

Article 113. Right to disconnect certain services.

1. Operators who provide the available telephone service to the public must ensure that their subscribers are entitled to the disconnection of certain services, including at least international calls and calls to the public. higher rate services, in particular, to additional charging services.

2. Operators providing the available telephone service to the public shall regulate the form of exercise of the right of disconnection in their respective contracts. For these purposes, the subscriber shall communicate to the operator his intention to disconnect from certain services. The operator shall have to do so at the latest within 10 days of receipt of the communication from the subscriber. If such disconnection does not occur after those 10 days, for reasons not attributable to the subscriber, the operator shall be charged with the costs of the service whose disconnection is requested.

3. Invoices or charge documents issued by the operators providing the telephone service available to the public for the collection of the services provided shall reflect, in an appropriate manner to be clearly perceived by the subscriber, the Right of disconnection established in this article. The terms and periodicity in which this obligation must be carried out may be implemented by means of a resolution of the Secretariat of State of Telecommunications and the Information Society, prior to the report of the National Institute of Consumption and, in the case of additional charging services, the Commission for the supervision of additional charging services.

Article 114. Preservation of telephone numbers by subscribers.

Subscribers to the publicly available telephone service shall be entitled to keep, upon request, the numbers assigned to them in the terms laid down in the General Law of the Telecommunications in the field of interconnection and numbering.

Article 115. Right to compensation for temporary interruption of available telephone service to the public.

1. Where, during a billing period, a subscriber suffers temporary interruptions from the available telephone service to the public, the operator shall indemnify an amount which shall be at least equal to the greater of the following two:

a) The average of the amount invoiced by all services interrupted during the three months preceding the interruption, prorated for the duration of the interruption. In the case of an age of less than three months, the amount of the average invoice shall be taken into account in the total monthly payments made or the amount obtained in a monthly estimate in proportion to the actual consumption period. performed.

b) Five times the monthly payment fee in force at the time of the interruption, prorated by the duration of the interruption.

The operator shall be obliged to indemnify the subscriber automatically, in the invoice corresponding to the immediate period considered when the interruption of the service implies the right to an allowance of more than 1 euro.

In interruptions due to force majeure, the operator shall be limited to automatically compensating the subscriber with the refund of the amount of the subscription fee and other independent of the traffic, prorated for as long as duration of the interrupt.

The telephone service credit agreement must include the terms and conditions under which this obligation will be met.

2. The provisions of the preceding paragraph shall not apply where the temporary interruption is motivated by any of the following:

(a) Serious non-compliance by the subscribers of the contractual terms, in particular in the event of fraud or arrears in the payment which will result in the application of the temporary suspension and interruption of Articles 118 and 119, respectively. In any event, the temporary suspension or interruption shall only affect the service in which the fraud or payment default would have occurred.

b) For damage to the network due to connection by the subscriber of terminal equipment that has not assessed the conformity, in accordance with the current regulations.

c) Non-compliance with the code of conduct by a user providing additional charging services, when the ownership of the credit agreement corresponds to the latter.

Article 116. Regulation of certain aspects of telephone service available to the public.

The regulation of the guarantee deposits, the temporary suspension of the telephone service and the final interruption of the telephone service shall be governed by the provisions of Articles 117 to 119 for the telephone service available to the public from a fixed location.

In the remaining cases, such aspects shall be governed by the provisions of the corresponding credit or prepayment contracts, subject to the provisions of Chapter II of this Title.

Article 117. Warranty deposits.

1. Operators may only require subscribers to the telephone service available to the public from a fixed location to set up a security deposit, both at the time of the contract and during the term of the contract, in the Assumptions:

(a) In the contracts for the payment of the telephone service available to the public from a fixed location requested by natural or legal persons who are or have previously been paid to the service and have been paid one or several receipts, as long as the late payment.

(b) In credit agreements for the telephone service available to the public from a fixed location, the holders of which have had debts owed by another or other credit agreements, whether in force or not at that time; Repeated delays in the payment of the corresponding receipts.

(c) For subscribers to the publicly available telephone service from a fixed location, holders of lines servicing terminal equipment for public use by third parties in public establishments.

(d) In credit agreements for which the holders provide additional charging services.

e) In cases where the Secretary of State for Telecommunications and the Information Society, at the request of the operators, is exceptionally authorized, in cases of fraud or fraud detected in a certain way and to ensure the performance of the contract by the end users.

2. The amount of deposits, their duration, the procedure for their formation and whether they will be remunerated or not be determined by ministerial order.

Article 118. Temporary suspension of publicly available telephone service from a fixed location.

1. The delay in the total or partial payment by the subscriber for a period of more than one month from the presentation to this of the charge document corresponding to the billing of the available telephone service to the public from a fixed location may give place, prior notice to the subscriber, to its temporary suspension. The non-payment of the charge for Internet access services or higher rate services, in particular for the additional charging service, shall only result in the suspension of such services.

2. In the case of a temporary suspension of the telephone service for non-payment, it must be maintained for all incoming calls, except for reverse charge calls, and outgoing calls for emergencies.

3. The subscriber has the right to request and obtain from the service operator the temporary suspension of the service for a specified period which shall not be less than one month or more than three months. The period may in no case exceed 90 days per calendar year. In the case of suspension, half of the proportional amount corresponding to the time it affects shall be deducted from the payment quota.

Article 119. Definitive interruption of the available telephone service to the public from a fixed location.

1. The delay in payment of the telephone service available to the public from a fixed location for a period of more than three months or the temporary suspension, on two occasions, of the default contract in the payment of the corresponding services shall be entitled to the operator, prior notice to the subscriber, to the final interruption of the service and to the corresponding termination of the contract.

2. The conditions under which suspension or interruption of service may be effected in the cases provided for in this Article and in the previous article shall be set by ministerial order. In the same order the procedure to be followed for suspension or interruption shall be regulated.

Single additional disposition. Calculation of the net cost of universal service in the event of receipt of aid.

The operators designated for the provision of the universal service may benefit from aid from the schemes in force in the terms laid down in their specific rules, and in particular those from the structural funds of the European Union. In these cases, the Telecommunications Market Commission will assess the net cost of providing the universal service for the purposes and with the particularities to be established in the granting of such aid.

First transient disposition. Enabling titles for the provision of services and the establishment of electronic communications networks prior to this regulation.

1. The Commission of the Telecommunications Market shall register in the Register of operators governed by this Regulation to those who have registered titles prior to the entry into force of Law 32/2003 of 3 November, General de Telecommunications. For these purposes, in the Register of Operators, all holders of general authorisations, individual licences and provisional authorisations granted or processed in accordance with Law 11/1998 of 24 April, General de Telecommunications, and entered in the corresponding special registers of individual licence holders and general authorisations.

2. The Telecommunications Market Commission shall register in the Register of Operators governed by this Regulation the operators who have obtained their qualification after the entry into force of Law 32/2003 of 3 November, General of Telecommunications, and prior to the entry into force of this royal decree, and which, in accordance with the transitional provision of that law, are entered in the Special Register of holders of general authorizations.

3. The three-year period after which operators must inform the Telecommunications Market Commission of their intention to continue providing the service in accordance with Article 5.2 of this Regulation shall begin to count, for the operators who have obtained their rating prior to this, at the time of its entry into force.

Second transient disposition. Transitional regime applicable to universal service.

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 2007.

At least two years before the date set out in the preceding paragraph, the Ministry of Industry, Tourism and Trade must have completed the initial public consultation referred to in Article 37 of this Regulation. rules.

The Ministry of Industry, Tourism and Trade must proceed, and in accordance with the outcome of that public consultation, to designate the operator or operators designated, by territorial areas, elements of public service and time limits, if applicable. The designation or designations of operators required to provide all or part of the public service must have been produced before 31 December 2006.

By resolution of the Secretary of State for Telecommunications and the Information Society, the necessary instructions will be issued, if any, to proceed in an orderly manner to the cessation of the fulfillment of the obligations of the universal service by Telefónica de España, S. A. U., and its assumption by the operator or operators that as a result of that process they would have been designated.

2. Until the end of the period laid down in the previous paragraph for the provision of the universal service by Telefónica de España, S. A. U., the designated operator must maintain the offer of locations and terminals of payment telephony located in the public domain did not affect an existing public service to the entry into force of this regulation with appropriate technology equipment. However, modifications of such offer may be made, including changes of location, which are necessary to maintain the adequacy of the offer to the needs of the users. Such amendments shall be made on the initiative of the local councils, upon request, reasoned to the designated operator or on the initiative of the latter, after approval by the city council.

Likewise, until that date, they will be understood to be included in the consideration of payment public telephones, as referred to in Article 32 of this regulation, the public service telephones installed in municipal offices, the effects of the determination of the sufficient supply of public pay telephones.

3. Until the ministerial order referred to in Article 34 of this Regulation is adopted, the quality of service conditions laid down in the Order of the Minister for Public Works, of the European Union, will continue to apply in the provision of universal service. 14 October 1999, and in the Order of the Minister of Science and Technology of 21 December 2001.

4. Until, in accordance with Article 35.2 of this Regulation, the Government Delegated Committee for Economic Affairs determines the reference indicator to have the status of a beneficiary of the social credit, it shall continue The current indicator is applied before the approval of this regulation.

Transitional provision third. Validity of Order CTE/711/2002, of 26 March, of Royal Decree 903/1997 of 16 June 1997 and of the Order of 14 October 1999.

Until the order provided for in Article 112 is approved, the Order CTE/711/2002, of March 26, will continue to apply.

Likewise, they retain their validity, in all that they do not object to this regulation, the Royal Decree 903/1997, of June 16, for which the access, through telecommunications networks, is regulated to the service of call of urgency through the telephone number 112, and the Order of 14 October 1999, on conditions of provision of information relevant to the provision of the emergency call service through the number 112.

Transitional disposition fourth. Provision of the services referred to in the fourth transitional provision of Law 32/2003 of 3 November, General Telecommunications.

As long as the provisions of the fourth transitional provision of Law 32/2003 of 3 November, General Telecommunications, by way of derogation from Article 53, are applicable, the technical characteristics of the provision of the services referred to in that Article, their terms of provision and financing shall be fixed by royal decree.

As long as the provisions of the fourth transitional provision of Law 32/2003 of 3 November, General Telecommunications, by way of derogation from Article 54, are applicable, the technical characteristics of the provision of the services referred to in that Article, the conditions for the provision and financing of such services shall be fixed by order of the Minister of the Presidency, on a proposal from the Ministers for Industry, Tourism and Trade and for the Promotion of Development.

Also, until the provisions referred to in the preceding paragraphs are approved, such services shall be subject to the conditions of provision that are currently in place.

Transient disposition fifth. Public service obligations of the analogue TV carrier service.

The public service obligations and the guarantee of continuity in the provision of the carrier services will continue to be in force in support of those for television broadcasting established in Royal Decree 16/1999, of 15 October, in the terms developed in the current Law of the Development of Law 11/1998, of 24 April, General of Telecommunications, regarding the use of the radio public domain, for the analogue television services, until they are given the assumptions provided for in Article 2 of the national technical plan for digital television terrestrial, approved by Royal Decree 2169/1998 of 9 October.

Transitional disposition sixth. Deadline for compliance with the requirements for the legal interception of communications.

Operators enabled for the provision of publicly available electronic communications services or the operation of public electronic communications networks and which are obliged to comply with the requirements of this Directive. provided for in Chapter II of Title V of this Regulation, in accordance with Article 85 thereof, shall comply with the obligations laid down therein within one year of its entry into force.

By way of derogation from the foregoing paragraph, the specific obligations arising from the application of a particular telecommunications technology shall enter into force within the time limit laid down in the ministerial order. corresponding. This order will be adopted on the basis of a report from a committee which will include representatives of the ministries concerned and the operators. In accordance with the principle of proportionality, as set out in Law 32/2003 of 3 November, General Telecommunications and Community legislation, the ratio between the objectives to be achieved and the costs to be taken into account will be taken into account. which is incurred.

Transitional disposition seventh. Electronic communications service guides.

For the inclusion in the guides of the data of the subscribers which, at the entry into force of this regulation, already appear in the guide provided for in Article 30, it will suffice that, within one month after the receipt of the communication to referred to in Article 67.1, the subscriber shall not expressly object to such inclusion.

Transient disposition octave. Rights of consumers and users.

Until the adoption of Title VI of this regulation on consumer and user rights and higher tariff services is not developed by ministerial order, it will continue to apply as soon as it is opposed to the This Regulation, Order PRE/361/2002 of 14 February 2002, concerning the rights of users and additional charging services, of Title IV of Royal Decree 1736/1998 of 31 July 1998 on the Regulation for the development of Title III of the General Law on Telecommunications. In that order, the arrangements applicable to the courier services which are provided through short numbers shall be established.

transient disposition ninth. Provisions concerning the provision of the facilities for the identification of the line of origin or the line connected.

1. Operators who, at the time of entry into force of this Regulation, are providing the facilities for identification of the line of origin and the connected line, shall comply with the provisions of the second subparagraph of paragraph 2 of the Article 71 and the last paragraph of that Article within one month of such entry into force.

2. Until the resolution is approved which attribute a short number as code for the user-origin deletion, call to call, of the identification of the origin line, the code established in the Resolution of the General Secretariat of Communications of 2 December 1998, for which code 067 is attributed to the deletion service at origin called to the caller of the caller's identification, with the modifications which, if any, are established by the development provisions of the numbering plan.

Single end disposition. Normalized declaration model.

Within one month of the entry into force of this regulation, the Secretary of State for Telecommunications and the Information Society will approve, on a proposal from the Council of the Market Committee of the Telecommunications, the standard reporting and registration declaration model referred to in Article 11.