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Law 32/2003 Of November 3, General Telecom.

Original Language Title: Ley 32/2003, de 3 de noviembre, General de Telecomunicaciones.

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TEXT

JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

I

Law 11/1998 of 24 April, General Telecommunications, established a fully liberalised regime in the provision of services and the establishment and operation of telecommunications networks, opening the sector to the free competition between operators. The regulatory framework established by it has demonstrated an effectiveness that has allowed a multiplicity of operators to emerge in our country for the various services, resulting in a greater capacity of choice for the users, and the the emergence of an important telecommunications sector, which in turn has provided the appropriate infrastructure and conditions for the development of the information society, by means of its convergence with the audiovisual sector and the telematic services, around the implementation of the Internet.

Aware of the important achievements made, the European Union has directed its efforts to consolidate the harmonised framework of free competition in telecommunications reached in its Member States.

This effort has led to the adoption of a new regulatory framework for electronic communications, made up of various Community provisions. This is 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 Council of 7 March 2002 on the authorisation of electronic communications networks and services; Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and the rights of the public users in relation to electronic communications networks and services; Directive 2002 /19/EC, of the European Parliament and of the Council of 7 March 2002 on access to and interconnection of electronic communications networks and associated facilities; Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, on the processing of personal data and on the protection of privacy in the electronic communications sector; Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets and networks of electronic communications networks and services. electronic communications services; and, finally, Decision No 676 /2002/EC of the European Parliament The European Union and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community. These directives are transposed by this law. It should be noted that Directive 2002/58/EC is transposed in so far as it concerns electronic communications networks and services.

The new Community regulation implies a deepening of the principles already enshrined in the previous legislation, based on a free competition regime, the introduction of corrective mechanisms to ensure the emergence and viability of operators other than the holders of the old monopoly, the protection of the rights of users, the minimum intervention of the administration in the sector, respect for the autonomy of the parties in the relations between operators and the administrative supervision of the aspects related to the public service, the public domain and the defence of competition.

This law, together with its necessary regulatory development, incorporates the content of the aforementioned Community legislation into the Spanish legal order, while fully respecting the principles contained therein, while adapting it to the Our country's right and the economic and social situation. The latter, moreover, is encouraged by the formal legal instrument in which Community regulation is established, namely the directive, which allows Member States to choose the right way of incorporating harmonised regulation into each country.

It has been an inspiring criterion for this legal text to simplify the regulation contained in it. In this way, it is intended to provide a legal standard that guarantees the basic principles already set out, but which, at the same time, provides the necessary flexibility for a text with a vocation to remain.

II

The following aspects of the new regulation need to be highlighted.

First, it is aimed at regulating exclusively the telecommunications sector, in the exercise of the exclusive competence of the State provided for in Article 149.1.21. The law expressly excludes from its regulation the contents disseminated through audiovisual media, which are part of the social media regime, and which are characterized by being transmitted in a single sense of form simultaneous to a multiplicity of users.

Likewise, the provision of services over telecommunications networks that do not primarily consist of the transport of signals through these networks is excluded from their regulation. The latter are subject to regulation in Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce. However, the networks used in support of radio and television broadcasting services, cable television networks and associated resources, as an integral part of electronic communications, shall be subject to the provisions of this Directive. in this law.

The set of directives cited is intended to regulate electronic communications. The concept of "electronic communications" has a more restricted scope than "telecommunications". In order to regulate electronic communications, the Directives relate to specific areas of telecommunications, such as, inter alia, the enabling to act as an operator in this sector, the rights and obligations of the operators, the obligations on interconnection and access, the need to ensure minimum benefits under the heading of universal service and the rights of users.

However, as can easily be noted, the directives do not address certain issues within the telecommunications system, such as the requirements for the assessment of conformity and the implementation of the Directive. market for telecommunications equipment. Hence the term 'telecommunications' is maintained under the heading of the law, so that its articles distinguish between the cases in which aspects relating to the electronic communications system are being regulated and those which are not included under this heading, all of them, yes, under the common denominator of telecommunications.

As a result, the whole regulation of electronic communications is understood to be included in the broader concept of telecommunications and thus dictated by the State under its exclusive jurisdiction of the Article 149.1.21. of the Constitution.

Progress is made in the liberalisation of the provision of services and the installation and operation of electronic communications networks. In this respect, in compliance with the principle of minimum intervention, it is understood that the provision for such provision and exploitation to third parties is granted on a general and immediate basis by law. Only prior notification to the Telecommunications Market Commission shall be required to initiate the provision of the service.

The figures of the authorisations and licences provided for in Law 11/1998 of 24 April, General of Telecommunications, are therefore disappearing as individual enabling securities of which each operator was responsible for the provision of services. of each network or service.

The competencies and powers of the Telecommunications Market Commission are strengthened in relation to the supervision and regulation of markets.

A system that gains in flexibility is envisaged, by which this agency will carry out periodic analyses of the different reference markets, detecting those that are not being developed in a context of competition In this case, it is necessary to impose specific obligations on operators with significant market power. It is also new to change the definition of this type of operators, from a 'formal' concept, i.e. based on the overcoming of a given market share, to a 'material', which is closer to the traditional competition law, is to say, based on the operator's position of strength that enables it to act independently of its competitors or consumers who are natural persons and users.

In relation to the guarantee of users ' rights, the law provides for the extension of benefits, which, as an essential minimum, must be guaranteed to all citizens, under the name of "universal service". Functional access to the Internet is included, already incorporated in advance by Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, and the possibility of offering special tariff options that allow greater control of user spending. In addition, the catalogue of rights of consumers who are natural persons and recognised users with legal status is extended.

The regulation of the occupation of the public domain or private property for the installation of networks, aims to establish general criteria, which must be respected by the public administrations of the domain public. In this way, all operators who practice the notification to the Commission of the Telecommunications Market, as far as is necessary for the installation of their networks, are recognised as being responsible for the occupation. basic principles ensuring the exercise of that right under conditions of equality and transparency, irrespective of the administration or the holder of the public domain or private property.

Regarding the radio public domain, the regulation and community trends in the field are incorporated, that is, the guarantee of the efficient use of radio spectrum, as a superior principle that should guide the planning and allocation of frequencies by the Administration and the use of these by the operators.

The possibility of the transfer of rights of use of radio spectrum is also opened under conditions that will be determined regulatively. In cases where the frequency bands allocated to certain services are insufficient to meet the demand of the operators, the conclusion of tendering procedures is envisaged. As an essential requirement in the provision of services by means of technologies that use the public radio spectrum, compliance with the limits of the radio emissions laid down in the current regulations is established.

The law also aims to establish a set of criteria that guide action in the imposition of charges that affect telecommunications services. It distinguishes between those fees which correspond to the need to compensate for administrative action, where the amount will be fixed according to its cost, of those imposed on the use of associated resources, such as the public domain, the frequencies or the numbering. In the latter case, the optimum use will be ensured, taking into account the value of the good and its scarcity. As the basic principles of these levies, transparency, proportionality and objective justification are established.

In the classification of infringements and the imposition of the corresponding sanctions, administrative powers have been strengthened, as necessary counterpoint to further simplification under the conditions for obtaining the to provide services. Thus, the "ex ante" control that was supposed to obtain an individual authorization for each operator with Law 11/1998, of April 24, General of Telecommunications, comes to be replaced by an "ex post", through the possibility of obtaining information from operators, whether to impose precautionary measures in the sanctioning procedure or to disable companies committing very serious infringements.

In its additional and transitional provisions, the law addresses certain problems arising from its entry into force or related to this regulation. Among them, it is worth highlighting the automatic adaptation foreseen for the enabling titles prior to this law, which will be carried out by the Telecommunications Market Commission.

TITLE I

General provisions

Article 1. Object of the law.

1. The purpose of this law is the regulation of telecommunications, comprising the exploitation of the networks and the provision of electronic communications services and associated resources, in accordance with Article 149.1.21. Constitution.

2. The arrangements applicable to audiovisual content transmitted through the networks, as well as the basic system of the social media of an audiovisual nature to which the Commission refers, are excluded from the scope of this law. Article 149.1.27. of the Constitution.

The regulation of services that supply content transmitted through electronic communications networks and services, of the activities that consist in the exercise of control, is excluded from the scope of this law. publishing on such content and the services of the Information Society, regulated by Law 34/2002 of 11 July, of information society and electronic commerce services, which do not consist, in whole or in part, of the services of the Information Society; in the transport of signals through electronic communications networks.

Article 2. Telecommunications as services of general interest.

1. Telecommunications are services of general interest which are provided under free competition.

2. Only the services provided for in Article 4 and in Title III of this Law are subject to public service consideration or are subject to public service obligations.

The imposition of public service obligations will pursue the achievement of the objectives set out in Article 3 of this Law and may be placed on operators who obtain rights of occupation from the public domain or from the public domain. private ownership, rights of use of the public radio domain, or which have the status of an operator with significant power in a given reference market.

Article 3. Objectives and principles of the law.

The objectives and principles of this law are as follows:

(a) Promoting effective competition in the telecommunications markets and, in particular, in the exploitation of networks and in the provision of electronic communications services and in the provision of associated resources to them. All this by promoting an efficient investment in infrastructure and promoting innovation.

(b) Ensure compliance with these conditions and public service obligations in the operation of networks and the provision of electronic communications services, in particular universal service.

c) Promote the development of the telecommunications sector, as well as the use of new services and the deployment of networks, and access to them, on an equal footing, and promote territorial, economic and social.

d) Make possible the effective use of limited telecommunications resources, such as numbering and radio spectrum, and adequate protection of the latter, and access to the rights of occupation of public property and private.

e) to defend the interests of the users, ensuring their right to access to electronic communications services in suitable conditions of choice, price and quality, and to safeguard, in the provision of these, the validity of the constitutional imperatives, in particular, that of non-discrimination, respect for rights of honour, privacy, the protection of personal data and secrecy in communications, the protection of young people and children and meeting the needs of groups with special needs, such as the persons with disabilities. For these purposes, obligations may be imposed on service providers for the security of such rights.

f) Encourage, as far as possible, technological neutrality in regulation.

g) Promote the development of the telecommunications products and services industry.

h) Contribute to the development of the internal market for electronic communications services in the European Union.

Article 4. Telecommunications services for national defence and civil protection.

1. The networks, services, installations and telecommunications equipment that carry out activities essential to the national defense integrate the means destined to it, are reserved to the State and are governed by its specific regulations.

2. The Ministry of Science and Technology is the organ of the General Administration of the State with competence, in accordance with the specific legislation on the matter and the provisions of this law, to execute, in the measure that affects it, the national defence in the telecommunications sector, with due coordination with the Ministry of Defence and following the criteria set by the Ministry of Defence.

In the framework of civil defense functions, it is up to the Ministry of Science and Technology to study, plan, schedule, propose and implement how many measures relate to their contribution to national defense. in the field of telecommunications.

To this end, the Ministries of Defense and Science and Technology will coordinate the planning of the Armed Forces ' telecommunications system, in order to ensure, as far as possible, its compatibility with the civil services. They shall also draw up precise technical coordination programmes to facilitate the harmonisation, approval and use, joint or indistinct, of civil and military means, systems and networks in the field of telecommunications. For the purposes of the study and report of these matters, the interministerial bodies considered appropriate shall be constituted, with the composition and competence to be determined regulatively.

3. In the fields of public security and civil protection, in its specific connection with the use of telecommunications, the Ministry of Science and Technology will cooperate with the Ministry of the Interior and with the bodies responsible for Autonomous communities with powers over those matters.

4. Movable or immovable property linked to the centres, establishments and agencies concerned with the operation of the networks and the provision of telecommunications services shall be provided with security, surveillance and security measures and systems. the dissemination of information, risk prevention and protection to be determined by the Government, on the proposal of the Ministries of Defence, Interior or Science and Technology, within the scope of their respective competences. These measures and systems must be available in situations of normality or crisis situations, as well as in the cases mentioned in Organic Law 4/1981, of 1 June, regulating the States of Alarm, Exception and Site, and in the Law 2/1985, of 21 January, of Civil Protection.

5. The Government, by way of exception and transition, may agree to the assumption by the General Administration of the State of direct management of certain services or the operation of certain electronic communications networks, according to the Recast of the Law on Public Administrations Contracts, approved by the Royal Legislative Decree 2/2000, of June 16, to guarantee public security and national defense. Also, in the event of non-compliance with the public service obligations referred to in Title III of this Law, the Government, prior to the mandatory report of the Telecommunications Market Committee, and also with a exceptional and transitional, may be agreed by the General Administration of the State of direct management of the corresponding services or the operation of the corresponding networks. In the latter case, it may, under the same conditions, intervene in the provision of electronic communications services.

The agreements to assume the direct management of the service and to intervene or to intervene or to exploit the networks referred to in the preceding paragraph shall be adopted by the Government on its own initiative or at the request of the a territorial public administration. In the latter case, it shall be necessary for the territorial public administration to have competence in matters of security or for the provision of public services affected by the abnormal operation of the service or the communications network. electronic. If the procedure is initiated at the request of an Administration other than that of the State, it shall be considered to be of interest and may be able to withdraw the report in advance of the final decision.

6. The regulation contained in this law is without prejudice to the provisions of the specific regulations on telecommunications related to public safety and national defence.

TITLE II

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

CHAPTER I

General provisions

Article 5. Applicable principles.

1. The exploitation of the networks and the provision of electronic communications services shall be carried out under free competition without any limitations other than those laid down in this law and its implementing rules.

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

Article 6. Requirements for the operation of the networks and the provision of electronic communications services.

1. They may exploit networks and provide electronic communications services to third parties, the natural or legal persons of a Member State of the European Union or with another nationality, where, in the second case, that provision is provided for in the international agreements linking 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.

In any event, natural or legal persons operating networks or providing electronic communications services to third parties shall designate a person responsible for the purpose of reporting to Spain, without prejudice to what international agreements can provide for.

2. 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 in terms to be determined by royal decree, subject to the conditions laid down for the exercise of the activity they intend to carry out. Those who operate networks and provide electronic communications services on a self-service basis are exempted from this obligation.

3. Where the Telecommunications Market Committee finds that the notification does not meet the requirements set out in the previous paragraph, it shall give a reasoned decision within a period of not more than 15 days, not taking that decision.

Article 7. Operator registration.

It is created, dependent on the Telecommunications Market Commission, the Register of Operators.

This registration will be of a public nature and its regulation will be made by royal decree. It shall include data relating to natural or legal persons who have notified their intention to operate networks or to provide electronic communications services, the conditions for the development of the activity and their modifications.

Article 8. Conditions for the provision of services or the operation of electronic communications networks.

1. The operation of the networks and the provision of electronic communications services shall be subject to the conditions laid down in this law and its implementing rules, including those for the protection of the rights of the end users.

2. In accordance with the principles of objectivity and proportionality, the Government may amend the conditions imposed after the hearing of the interested parties, the Consumers ' Council and the Users and, where appropriate, the most representative associations of the remaining users, and report of the Telecommunications Market Committee. The amendment will be made by royal decree, which will set a deadline for operators to adapt to that.

3. Public or private entities which, in accordance with existing legislation, have special or exclusive rights for the provision of services in another economic sector and which operate public networks or provide communications services (a) the electronic communications activities of the public must be kept separate and audited for their electronic communications activities, or a structural separation shall be established for the activities associated with the operation of networks or the provision of electronic communications services. By royal decree, the exemption from this obligation may be established for entities whose annual turnover in activities associated with electronic communications networks or services is less than EUR 50 million.

4. The operation of networks or the provision of electronic communications services by public administrations, directly or through companies in the capital of which the majority of them participate, shall comply with the provisions of this law and its rules (a) development and shall be carried out with due separation of accounts and in accordance with the principles of neutrality, transparency and non-discrimination. The Telecommunications Market Committee may impose special conditions which ensure that free competition is not distorted.

Article 9. Obligations for the provision of information.

1. The National Regulatory Authorities may, in the field of their action, require natural or legal persons to operate networks or to provide electronic communications services, the information necessary for the fulfilment of any of the following purposes:

(a) Check compliance with obligations resulting from the rights of use of public radio, numbering or occupation of public domain or private property.

b) Meet statistical or analysis needs.

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

d) The publication of comparative synthesis on prices and quality of services, 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 this law.

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 to the circumstances of the case. The 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.

CHAPTER II

Benchmark markets and operators with significant market power

Article 10. Relevant markets and operators with significant market power.

1. The Telecommunications Market Commission, taking into account the European Commission's Guidelines for Market Analysis and the Determination of Operators with Significant Market Weight, as well as the Market Recommendation Relevant, it shall define, by means of a resolution published in the 'Official State Gazette', the relevant markets for electronic communications networks and services, including the relevant markets for the reference to the major and retail, and the geographical scope of these, the characteristics of which may justify the imposition of specific obligations.

2. The Telecommunications Market Commission will also carry out, at least every two years, an analysis of these markets, taking into account the guidelines established by the European Commission. This analysis will be carried out in advance of the Competition Defence Service.

3. The analysis referred to in the preceding paragraph shall be designed to determine whether the different reference markets are developed in an effective competition environment. Otherwise, the Telecommunications Market Commission will identify and make public the operator or operators that have significant power in each market.

When an operator or operators have, individually or jointly, significant power in a relevant market, the Telecommunications Market Commission may declare that they have it in another relevant market as well. closely related to the previous one where the links between the two are such that it is possible to make the power of one market produce repercussions on the other, thereby strengthening the power in the market of the operator.

4. In those markets where there is no effective competition environment, the Commission of the Telecommunications Market may impose, maintain or amend certain specific obligations to operators which, in accordance with the previous paragraph, have been identified as operators with significant power in those markets.

In the imposition of these obligations preference will be given to measures in terms of access, interconnection, selection and pre-selection to others with a higher impact on free competition.

The specific obligations referred to in the preceding paragraphs shall be based on the nature of the identified problem, shall be proportionate and shall be justified in the fulfilment of the objectives of Article 3 of this Law. Such obligations shall remain in force for the time strictly necessary.

When it comes to imposing specific obligations, the peculiar conditions in new expanding markets, that is, those with high growth prospects and levels, will be taken into account, where appropriate. reduced hiring by users and in which a stable structure has not yet been reached, to prevent it from being limited or to delay its development.

5. In the markets in which there is effective competition, the Telecommunications Market Commission shall abolish the specific obligations which, where appropriate, the operators have imposed for having been declared with power. significant in those markets.

6. The Government shall, as a rule, lay down the specific obligations for the relevant markets provided for in this Article, including those referred to in Article 13 of this Law and those relating to retail markets, as the conditions for your imposition, modification, or deletion.

CHAPTER III

Access to the associated networks and resources and pipeline

Article 11. General principles applicable to access to and interconnection of associated networks and resources.

1. This chapter and its regulatory development shall apply to the interconnection and access to public electronic communications networks and their associated resources, unless the beneficiary of the access is a final user.

2. Operators of public electronic communications networks shall have the right and, where requested by other operators of public electronic communications networks, the obligation to negotiate the mutual interconnection in order to provide electronic communications services available to the public, in order to ensure the provision of services and their interoperability.

3. There will be no restrictions preventing operators from negotiating access or interconnection agreements. The natural or legal person empowered to operate networks or to provide services in another Member State of the European Union requesting access or interconnection in Spain shall not need to carry out the notification referred to in Article 6 of the law, when it does not exploit networks or provide electronic communications services in the national territory.

4. The Commission of the Telecommunications Market may intervene in relations between operators, at the request of any of the parties involved, or on its own initiative where justified, in order to promote and, where appropriate, ensure adequate access, interconnection and interoperability of services, as well as the achievement of the objectives set out in Article 3. The Ministry of Science and Technology may also act, in the field of its competences, to achieve these objectives.

5. The obligations and conditions imposed in accordance with this Chapter shall be objective, transparent, proportionate and non-discriminatory.

6. Operators who obtain information from others, in the process of negotiation of access agreements or interconnection, shall use that information exclusively for the purposes for which they were provided and shall at all times respect confidentiality. of the information transmitted or stored, in particular to third parties, including other departments of the company itself, subsidiaries or associates.

Article 12. Conditions for access to and interconnection of the associated networks and resources.

1. Where obligations are imposed on a public electronic communications network operator to provide access, the Telecommunications Market Commission may establish certain technical or operational conditions to the said operator. or the beneficiaries of such access where this is necessary to ensure the normal functioning of the network, as determined by regulation.

2. The Commission of the Telecommunications Market, to the extent that it is necessary to ensure the possibility of an end-to-end connection, may impose obligations on operators who control access to end users, including justified cases, the obligation to interconnect their networks when they have not done so.

Article 13. Obligations applicable to operators with significant power in reference markets.

1. The Commission of the Telecommunications Market, in the form and under the conditions to be determined in accordance with Article 10 (6), may impose on operators who, in accordance with that Article, have been declared with power significant on the market obligations in terms of:

(a) Transparency, in relation to interconnection and access, in accordance with which operators shall make certain types of information, such as accounting, technical specifications, characteristics of the the networks, conditions of supply and use, and prices. In particular, where non-discrimination obligations are imposed on an operator, they may be required to publish a reference offer.

(b) Non-discrimination, which shall ensure, in particular, that the operator applies equivalent conditions in circumstances similar to other operators providing equivalent services and provides third-party services and information of the same quality as those it provides for its own services or those of its subsidiaries or associates and under the same conditions.

c) Separation of accounts, in the format and with the methodology that, if any, are specified.

d) Access to and use of network-specific resources.

e) Price control, such as price guidance based on costs, and cost accounting, to avoid excessive pricing or price compression to the detriment of end users.

2. In exceptional and duly justified circumstances, the Telecommunications Market Committee, subject to the consultation mechanism provided for in the eighth additional provision, may impose obligations relating to access or to the interconnection not limited to the matters listed in the previous paragraph, as well as to operators who have not been declared with significant market power.

Article 14. Conflict resolution.

1. The Commission on the Telecommunications Market will be aware of the conflicts in connection and access obligations arising from this law and its implementing rules. It shall, after hearing the parties, give binding resolution on the extreme objects of the conflict within a maximum of four months from the time of its request, without prejudice to the possibility of taking measures provisional until the time the final decision is made.

2. In the event of a cross-border conflict in which one of the parties is located in another Member State of the European Union, the Telecommunications Market Commission, in the event that either party so requests, coordinate, in terms of the actual decree, their efforts to find a solution to the conflict with the other or other national regulatory authorities concerned.

Article 15. Technical standards.

The Telecommunications Market Committee, in the access and interconnection agreements, will encourage the use of the standards or technical specifications identified in the relationship that the European Commission will make to this effect, which will be publish in the "Official State Gazette" when they have been declared for compulsory use, to ensure the interoperability of services and to enhance the freedom of choice of users.

In the absence of such rules, the Telecommunications Market Commission will encourage the application of the standards, specifications or recommendations adopted by the European bodies or, in the absence of such standards, by the international standards bodies.

CHAPTER IV

Numbering, routing, and naming

Article 16. General principles.

1. For the electronic communications services available to the public, the numbers and addresses needed to enable them to be provided will be provided, taking this into account in the national plans of numbering and routing, respectively.

2. Without prejudice to the provisions of the previous paragraph, the regulation of internet domain names under the indicative country of Spain (". is") shall be governed by its specific rules.

3. It is for the government to approve the national numbering plans and, where appropriate, addressing and names, taking into account the applicable decisions taken within the international organisations and fora. The procedure and time limits for the allocation of numbers, as well as the conditions associated with the use of the numbers, which shall be non-discriminatory, proportionate and transparent, shall be established. After the maximum time limit has not been notified, the request for administrative silence may be understood to be dismissed.

4. It is up to the Telecommunications Market Committee to manage and monitor the national numbering plans and codes for signalling points. By means of royal decree, the entities entrusted with the management and control of other national routing plans and, where appropriate, names shall be determined.

5. Operators who have been assigned a number of numbers shall not be able to discriminate against other operators as regards the sequence of numbers used to give access to the services of those operators.

6. Operators who operate public telephone networks or provide publicly available telephone services shall be required to submit calls to the national telephone numbering ranges, to the European telephone numbering space and to other international numbering ranges, in terms specified in the national numbering plans or in their development provisions.

7. The allocation of public numbering resources shall not entail the granting of more rights than their use in accordance with the provisions of this law. All operators and, where appropriate, manufacturers and traders will be obliged to take the necessary measures to comply with the decisions to be taken by the Ministry of Science and Technology or by the Commission of the Market of the Telecommunications, in the field of their respective competencies on numbering, addresses and names.

End users will have, in terms of law development regulations, access to numbering. Such rules may provide, where justified, for the access by the end-users to the numbers directly and independently of the operators for certain ranges defined in the national numbering plans or in their national numbering plans. development provisions.

Article 17. National plans.

1. The national plans and their development provisions shall designate the services for which the numbers and, where appropriate, addresses and corresponding names may be used, including any requirements relating to the provision of such services. services.

2. The content of these plans and the content of the acts resulting from their development and management shall be public, except as regards matters likely to affect national security.

3. In order to comply with international obligations and recommendations or to ensure sufficient availability of numbers, addresses and names, the Ministry of Science and Technology, ex officio or at the request of the entity in charge of management and control of the corresponding national plan and by ministerial order published in the "Official Gazette of the State", may modify the structure and organization of the national plans or, in the absence of these or specific plans for each service, establishing measures on the use of numeric and alphanumeric resources necessary for the provision of services. Account shall be taken of the interests of the parties concerned and of the adjustment costs which are derived from the operators and the users. The modifications to be made must be published before their entry into force and in good time.

4. National plans and their development provisions may establish competitive or comparative selection procedures for the allocation of numbers and names with exceptional economic value.

Article 18. Preservation of telephone numbers by subscribers.

Operators who exploit public telephone networks or provide publicly available telephone services shall ensure that subscribers to such services may, upon request, keep the numbers they have received. allocated, irrespective of the operator providing the service. By means of royal decree, the assumptions to which the conservation of numbers are applied will be fixed, as well as the technical and administrative aspects necessary for it to be carried out.

The costs arising from the updating of the network elements and the systems necessary to enable the numbers to be preserved must be borne by each operator without the right to be charged. compensation. The other costs incurred by the maintenance of the telephone numbers shall be distributed, through the appropriate agreement, between the operators affected by the change. In the absence of agreement, the Telecommunications Market Commission will be resolved. The interconnection prices for the application of the conservation facilities for the numbers must be cost-oriented and, in the event of direct payments to the subscribers, must not in any case have any effect. disincentives for the use of such facilities.

Article 19. Operator selection.

The operators who, in accordance with Article 10, have been declared with significant power in the supply of connection to the public telephone network and use it from a fixed location, shall allow their subscribers, in the terms that are regulated by the Government, access to the services of any interconnected provider of telephone services available to the public on each call, by means of the markup of a selection code operator, and by preselection, with the possibility of cancelling the call to call by means of an operator selection code. The interconnection prices related to the above facilities shall be established on the basis of costs.

In addition, by means of royal decree, selection and pre-selection obligations may be established in networks other than those mentioned in the previous paragraph.

The obligation of confidentiality referred to in Article 11 (6) is applicable to operators in respect of the processes of negotiation of pre-selection agreements.

TITLE III

Public service obligations and public rights and obligations in the operation of networks and in the provision of electronic communications services

CHAPTER I

Public Service Obligations

SECTION 1. DELIMITATION

Article 20. Delimitation of public service obligations.

1. This chapter aims to ensure the existence of publicly available electronic communications services, of adequate quality throughout the national territory through real competition and freedom of choice, and to deal with them. circumstances where the needs of the end-users are not met in a satisfactory manner by the market.

2. Operators shall be subject to public service obligations and public service obligations in accordance with the provisions of this Title. Where public service obligations are imposed, in accordance with the provisions of this Chapter, the arrangements laid down for the granting of public service determined by the recast of the Law on Contracts shall be applied on a supplementary basis. Public Administrations, approved by the Royal Legislative Decree 2/2000 of 16 June.

3. Compliance with public service obligations in the operation of public networks and in the provision of electronic communications services for which they are required shall be carried out in compliance with the principles of equality, transparency, non-discrimination, continuity, adaptability, availability and permanence and in accordance with the terms and conditions that are determined to be determined.

4. It is for the Ministry of Science and Technology to control and exercise the powers of the Administration in respect of public and public service obligations referred to in this Article.

Article 21. Categories of public service obligations.

Operators are subject to the following categories of public service obligations:

a) The universal service in the terms contained in section 2. of this chapter.

(b) Other public service obligations imposed for reasons of general interest, in the form and with the conditions set out in Section 3 of this Chapter.

SECTION 2. UNIVERSAL SERVICE

Article 22. Concept and scope of application.

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.

Under the aforementioned concept of universal service, it must be ensured, in the terms and conditions that are regulated by the Government:

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, provided their requests are considered reasonable in the terms that are regulated. The connection must provide the end user with the ability to make and receive phone calls and allow fax and data communications at a sufficient speed to access the internet in a functional way.

(b) A general guide for subscriber numbers, whether printed or electronic, or both, shall be made available to the public by the public telephone service and shall be updated at least once a year.

Also, to be made available to all end users of that service, including users of public payment telephones, at least one general information service on subscriber numbers. 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.

(c) There is a sufficient supply of public payment telephones, throughout the national territory, that reasonably meets the needs of end users, in geographical coverage, in the number of devices, accessibility of these telephones by users with disabilities and quality of services, and that it is possible to make free emergency calls from public pay phones without having to use any form of payment, using the unique number Emergency calls 112 and other Spanish emergency numbers.

d) That end users with disabilities have access to the publicly available telephone service from a fixed location and the other universal service elements cited in this article under conditions comparable to the which are offered to other end users.

(e) Where, where this is established in law, consumers are offered to be natural persons, in accordance with transparent, public and non-discriminatory conditions, options or tariff packages which differ from those of the applied under normal commercial operating conditions, in order to ensure, in particular, that persons with special social needs may have access to or make use of the available telephone service to the public.

(f) Where appropriate, special tariff options or price constraints, common tariffs, geographical equalization or other similar arrangements apply, where appropriate, in accordance with transparent, public and non-public conditions. discriminatory.

2. Measures may be adopted in order to ensure that end users with disabilities can also benefit from the choice of operators enjoyed by the majority of end users. Direct support schemes may also be established for consumers who are natural persons with low incomes or with special social needs.

3. All obligations included in the universal service shall be subject to the financing mechanisms set out in Article 24.

4. The Government, in accordance with Community legislation, may review the scope of universal service obligations.

Article 23. Provision of universal service.

1. The Ministry of Science and Technology may designate one or more operators to ensure the provision of the universal service referred to in the previous Article in such a way as to cover the entire national territory. 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.

2. The system of designation of operators responsible for ensuring the provision of services, services and offers of universal service shall be established by means of a royal decree, subject to the principles of effectiveness, objectivity, transparency and non-discrimination.

In any case, it will provide for a public tender mechanism for all or some of these services, services and offers, which, with full respect to the rights mentioned above, should be used when a process of public consultation is a result of several operators being interested in being appointed to ensure the provision of the universal service in a given geographical area, either exclusively or in competition with other operators. 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 Article 24.1.

Article 24. Cost and funding of universal service.

1. The Telecommunications Market Commission will determine whether the obligation to provide universal service may entail an unjustified burden on operators who are obliged to provide them. Where it is considered that such an unjustified burden may exist, the net cost of providing the universal service shall be determined on a regular basis in accordance with the designation procedures provided for in Article 23.2, or on the basis of net savings that the operator would achieve if he did not have the obligation to provide the universal service. This net saving shall be calculated in accordance with the procedure laid down in regulation.

2. The net cost of the universal service obligation shall be financed by a clearing mechanism, under conditions of transparency, by all or certain categories of operators under the conditions set out in paragraphs 1 and 2. of this article. By means of royal decree, the terms and conditions under which the contributions to the said compensation mechanism will be made effective.

3. In case of full or partial application of a distribution mechanism between the operators referred to in the previous paragraph and once this cost is fixed, the Telecommunications Market Commission will determine the contributions that correspond to each one of the operators with obligations to contribute to the financing of the universal service.

Such contributions, as well as, where applicable, the applicable deductions and exemptions, shall be set out in the conditions laid down in the Regulation referred to in the preceding paragraph.

The contributions received will be deposited in the National Universal Service Fund, which is created by this law.

4. The purpose of the universal service is to ensure the financing of universal service.

Cash assets from operators with obligations to contribute to the financing of the universal service shall be deposited in this fund in a specific account designated for that purpose. The management costs of this account shall be deducted from their balance, and the income generated by it, if any, shall contribute to the contribution of the contributors.

Any contributions made by any natural or legal person wishing to contribute, selflessly, to the financing of any provision of the universal service may be deposited in the account.

Operators subject to universal service obligations will receive from this fund the amount corresponding to the net cost of the universal service obligation, calculated in accordance with the procedure laid down in this Regulation. Article.

The Telecommunications Market Commission will be responsible for the management of the national universal service fund. The real decree will determine its structure, organization, control mechanisms, and the form and deadlines in which the contributions will be made.

It may also provide for the existence of a direct compensation mechanism between operators where the magnitude of the cost does not justify the costs of management of the fund.

SECTION 3. OTHER PUBLIC SERVICE OBLIGATIONS

Article 25. Other public service obligations.

1. The Government may, for the purposes of national defence, public security or services which affect the security of persons or civil protection, impose other public service obligations other than those of service universal to operators.

2. The Government may also impose other public service obligations, following a report by the Telecommunications Market Committee, which is motivated by:

a) Reasons for territorial cohesion.

b) Reasons for extending the use of new services and technologies, in particular to health, education, social action and culture.

(c) Reasons to facilitate communication between certain collectives who are in special circumstances and are insufficiently cared for in order to ensure the sufficiency of their offer.

d) For the need to facilitate the availability of services that conduct the accreditation of the content of the message referred to or its referral or receipt.

3. By royal decree, the procedure for the imposition of the obligations referred to in the previous paragraph and its form of financing shall be regulated.

4. In any event, the obligation to route calls to emergency services without the right to economic consideration of any kind should be taken up by the operators providing telephone services available to the public and by those who exploit public telephone networks. This obligation shall be imposed on those operators in respect of calls to the telephone number 112 for emergency care and to other calls to be determined by means of real decree, including those made from public payment telephones, no form of payment should be used in such cases. The conditions for making available to the receiving authorities of such calls the information relating to the location of their provenance shall also be laid down, in so far as this is technically feasible.

In any case, the emergency call service will be free for users, whatever the public administration is responsible for their delivery and regardless of the type of terminal that is used.

CHAPTER II

Rights of the operators to the occupation of the public domain, to be beneficiaries in the procedure of forced expropriation and to the establishment in their favor of easements and limitations to the property

Article 26. Right of occupation of the public domain.

1. Operators shall be entitled, in the terms of this Chapter, to the occupation of the public domain in so far as this is necessary for the establishment of the public electronic communications network in question.

2. The bodies responsible for drawing up the various territorial or urban planning instruments shall be required to report to the General Administration of the State on the needs of public communications networks. electronic in the territorial scope to which they relate.

Territorial or urban planning instruments must meet the needs of public electronic communications networks contained in the reports issued by the Ministry of Science and Technology and will ensure non-discrimination between operators and the maintenance of conditions of effective competition in the sector.

Article 27. Right of occupation of private property.

1. Operators shall also be entitled, in the terms of this Chapter, to the occupation of private property 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 other economically viable alternatives, either through their forced expropriation or through the declaration of forced servitude of passage for the installation of public electronic communications network infrastructure. In both cases, they will have the status of beneficiaries in the files dealt with, in accordance with the provisions of the legislation on compulsory expropriation.

2. The approval of the technical project by the competent authority of the General Administration of the State shall imply, in each specific case, the declaration of public utility and the need for occupation for the installation of public networks of electronic communications, 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 autonomous community responsible for the management of the territory, which shall be issued within the maximum period of 15 days from the date of its application. However, upon application by the Autonomous Community, this period shall be extended by up to two months if the project concerns a relevant geographical area.

4. In the case of expropriations 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), follow the special urgency procedure laid down in the Compulsory Expropriation Act, when this is stated in the decision of the competent authority of the General Administration of the State to approve the appropriate technical project.

Article 28. Regulations applicable to the occupation of public domain and private property.

1. In addition to the provisions of this law, the specific rules governing the management of the specific public domain in question and the regulation issued by the holder in respect of the occupation of the public domain shall apply. relating to their protection and management.

2. It shall also apply to the occupation of public domain and private property for the installation of public electronic communications networks, the specific rules dictated by public administrations with powers in the medium term. environment, public health, public security, national defence, urban or territorial planning and taxation by occupation of the public domain, in the terms set out in the following article.

Article 29. Limits of the rules referred to in the previous article.

1. The rules referred to in the previous Article shall in any event recognise the right of occupation of the public domain or private property for the deployment of public electronic communications networks in accordance with the provisions of the provisions of the Treaty. in this title.

In compliance with European Union legislation, conditions may be imposed for the exercise of this right of occupation by operators, which shall be justified for reasons of environmental protection, public health, public security, national defence or urban and territorial planning. The entity of the limitation that they entail for the exercise of that right must be proportionate in relation to the particular public interest that is to be safeguarded.

These conditions or limits may not imply absolute restrictions on the right of occupation of the public and private domain of the operators. In this sense, where a condition may imply the impossibility, in the absence of alternatives, of carrying out the occupation of the public domain or private property, the establishment of such a condition must be accompanied by the measures necessary, including the sharing of infrastructure, to ensure the right of operators to occupy and their exercise on an equal footing.

2. The rules to be issued by the relevant Administrations, in accordance with the provisions of the preceding Article, shall at least comply with the following requirements:

(a) To be published in an official journal of the field corresponding to the competent administration. Of such publication and a summary thereof, adjusted to the model to be established by order of the Minister of Science and Technology, as well as the text of the municipal tax ordinances imposing the fees for private use or special use made of the land, subsoil or flight of the municipal public roads referred to in Article 24.1.c of Law 39/1988 of 2 8 December, regulating local farms, and of the number of Tax nature will affect the use of public domain assets of another property must be given transfer to the Telecommunications Market Commission in order for it to publish a synopsis on the Internet.

b) Include a quick and non-discriminatory procedure for resolving occupancy requests.

c) Ensure the transparency of procedures and that the applicable rules encourage fair and effective competition between operators.

d) Ensure that the limits imposed on administrative intervention in this law are respected in the protection of the rights of operators. In particular, requests for information to be made to operators must be reasoned, have an objective justification, be proportionate to the intended purpose and be limited to what is strictly necessary.

3. If the public authorities or holders of the public domain referred to in this Article hold the property or exercise direct or indirect control of operators operating electronic communications networks, they shall maintain a structural separation between those operators and the bodies responsible for regulating and managing these rights.

Article 30. Shared location and shared use of public or private property.

1. Public administrations shall encourage the conclusion of voluntary agreements between operators for the shared location and the shared use of infrastructure located in public or private ownership.

2. Where operators are entitled to the occupation of public or private property and cannot exercise such rights separately, for reasons of environmental reasons, public health, public security, for reasons not justified, urban and territorial planning, the competent authority in these matters, prior to the processing of public information, shall agree to the shared use of the public domain or private property in which the public networks of electronic communications or the shared use of the infrastructures in which they are to be supported such networks, as required.

3. The shared use will be articulated through agreements between the operators concerned. In the absence of an agreement, the conditions of shared use shall be established, subject to a mandatory report by the competent authority, by means of a resolution of the Telecommunications Market Committee. Such a decision shall include, where appropriate, the contents of the report issued by the competent authority concerned which it qualifies as essential for the protection of the public interests entrusted to it.

4. Where, pursuant to the provisions of this Article, the shared use of radio stations belonging to public electronic communications networks is imposed and the obligation to reduce the levels of electronic communications is to be imposed. emission power, more sites should be allowed if they are necessary to ensure coverage of the service area.

Article 31. Public information and accreditation of rights of occupation.

1. The Telecommunications Market Commission shall publish on the Internet a summary of the rules that each Administration has communicated to it in compliance with the provisions of Article 29.2.

2. Operators may contact the Telecommunications Market Committee to issue a certification of their registration in the Register of Operators and their consequent right to a certificate in the six-day period. obtain rights of occupation of the public domain or private property.

Article 32. Other easements and limitations to the property.

1. The protection of the radio public domain is intended to make optimum use of radio, to prevent its degradation and to maintain an adequate level of quality in the operation of the various radio communications services.

The limitations on ownership and the intensity of electric field and easements that are necessary for the radio protection of certain installations or to ensure the proper use may be established. operation of radio stations or installations used for the provision of public services, for reasons of public security or where necessary under international agreements, in the terms of the provision the first and the rules for the development of this law.

2. Limits may also be imposed on the rights of use of the public radio domain for the protection of other legally protected property or public services which may be affected by the use of such a domain. public, in the terms that are determined by means of royal decree, to be governed, in any case, by the principles of contradiction, transparency and publicity.

CHAPTER III

Secret of communications and protection of personal data and public rights and obligations linked to electronic communications networks and services

Article 33. Secret of communications.

Operators operating public electronic communications networks or providing publicly available electronic communications services shall ensure the secrecy of communications in accordance with the requirements of the electronic communications system. Articles 18.3 and 55.2 of the Constitution, and must take the necessary technical measures.

Furthermore, operators must adopt at their expense the measures that are established in regulation for the execution of the intercepts arranged in accordance with the provisions of Article 579 of the Law of Procedure. Criminal and in the Organic Law 2/2002, of May 6, regulating the prior judicial control of the National Intelligence Center.

Article 34. Protection of personal data.

Without prejudice to the provisions of Article 4 (6) and the second paragraph of the previous Article, as well as to the remaining applicable specific rules, operators operating public communications networks electronic communications services available to the public shall ensure, in the exercise of their activity, the protection of personal data in accordance with the laws in force.

The operators referred to in the preceding paragraph 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 required by the law of the development of this law in this field. 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 of that risk and on the measures to be taken.

Article 35. Interception of electronic communications by technical services.

1. With full respect for the right to the secrecy of communications and the requirement, in accordance with the Law of Criminal Procedure, of judicial authorization for the interception of contents, when for the realization of the tasks of control for the effective use of radio public domain is necessary the use of equipment, infrastructures and technical facilities for interception of signals not addressed to the general public, the following shall apply:

(a) The Telecom Administration shall design and establish its technical signal interception systems in such a way as to minimize the risk of affecting the contents of the communications.

(b) When, as a result of the technical intercepts carried out, the contents are recorded, the media in which they appear may not be stored or disclosed and shall be immediately destroyed.

2. The same rules shall apply for the monitoring of the proper use of the networks and the proper provision of electronic communications services.

3. The provisions of this Article are without prejudice to the powers conferred on the Administration by Article 43.2.

Article 36. Encryption on electronic communications networks and services.

1. Any type of information transmitted by electronic communications networks may be protected by means of encryption procedures.

2. Encryption is an information security tool. Among its conditions of use, when used to protect the confidentiality of information, the obligation to provide an organ of the General Administration of the State or to a public body, algorithms or any other information shall be imposed. the encryption procedure used, as well as the obligation to provide the equipment with no charge for the purposes of its control in accordance with the rules in force.

Article 37. Electronic communications networks within the buildings.

1. By means of royal decree, the legal regulations on the common infrastructures of electronic communications will be developed. This Regulation shall determine, both the interconnection point of the internal network and the public networks, and the conditions applicable to the internal network itself. It shall also regulate the guarantees applicable to access to electronic communications services through individual systems in the absence of common electronic communications infrastructures and the system of installation of the electronic communications networks. electronic communications in existing or future buildings, in all those aspects not foreseen in the provisions with regulatory legal status of the subject.

2. The basic technical building regulations governing the civil engineering infrastructure within the buildings shall take into account the needs of the support of the electronic communications systems and networks fixed in accordance with the requirements of this Regulation. with the rules referred to in the previous paragraph, providing that the civil engineering infrastructure has sufficient capacity to allow the passage of the networks of the various operators, in order to facilitate the possibility of use shared of these infrastructures by those.

Article 38. Rights of consumers and end users.

1. Operators operating networks or providing electronic communications services and consumers who are natural persons and other end-users may subject the disputes to the knowledge of the arbitration boards of the Member States. consumption, in accordance with the current legislation on the protection of consumers and users.

For the assumption that they do not submit to the consumer arbitration boards or that they are not competent for the resolution of the conflict, the Ministry of Science and Technology will regulate a procedure. in which the final users may submit such disputes. In any event, the procedures to be adopted shall be swift and free and shall set the maximum time limit within which the express resolution shall be notified, after which the silent complaint may be understood to be dismissed. administrative. The decision to be taken may be challenged before the administrative-administrative jurisdiction.

2. The basic rules for the use of electronic communications services available to the general public which will determine the rights of consumers who are natural persons and other end users shall be approved by royal decree which, Among other extremes, it will regulate:

a) Responsibility for the damages that occur to them.

(b) The information rights of consumers who are natural persons and end users, which shall be true, effective, sufficient, transparent and up to date.

c) The time limits for the modification of the offers.

d) The disconnection rights of certain services, upon request of the user.

e) The right to get compensation for service interruption.

(f) The right to conclude contracts on the part of consumers who are natural persons and end users with the operators who facilitate the connection or access to the public telephone network, as well as the minimum content of such contracts.

(g) The assumptions in which they will be required and the minimum content of contracts concluded between consumers who are natural persons or other end users and providers of electronic communications services other than those which facilitate connection or access to the public telephone network.

(h) The right to terminate in advance and without penalty the contract, in the case of proposals for modification of the contractual conditions for valid reasons specified in that and without prejudice to other causes of unilateral resolution.

(i) The assumptions of approval by the Ministry of Science and Technology of type contracts between consumers who are natural persons or other types of end-users and operators operating networks or providing services of electronic communications with public service obligations or with significant power in the relevant specific reference markets.

j) The right to receive comparable, relevant and up-to-date information on the quality of publicly available electronic communications services.

k) The right to choose a means of payment for the payment of the corresponding services among the commonly used in the commercial traffic.

The application of the consumer protection regime and end users to other categories of users may be extended in that Regulation.

3. In particular, subscribers to electronic communications services shall have the following rights

a) To be made anonymous or to cancel your traffic data when they are no longer necessary for the purposes of the transmission of a communication. The traffic data necessary for the purpose of the billing of subscribers and the payment of the interconnections may be processed only until the time limit for the challenge of the service invoice has expired or the operator can require your payment.

(b) to have their traffic data used for commercial purposes or for the provision of value added services only when they have provided their informed consent for this purpose.

c) To receive unbroken invoices when requested.

(d) to only be used for the processing of their location data other than the traffic data when they have been made anonymous or prior to their informed consent and only to the extent and for the time necessary for the the provision, where appropriate, of value added services, with unambiguous knowledge of the data to be processed, the purpose and duration of the data and the value added service to be provided.

e) To stop the automatic routing of calls made to your terminal by a third party.

f) To prevent, by means of a simple and free procedure, the presentation of the identification of your line in the calls that you generate or the presentation of the identification of your line to the user who makes a call to you.

g) To prevent, by means of a simple and free procedure, the presentation of the identification of the source line in incoming calls and to reject incoming calls in which the line is not identified.

h) Not to receive automatic calls without human intervention or fax messages, for direct sale without having given prior and informed consent for this.

4. Users of electronic communications services which do not have the status of subscribers shall also have the rights recognised in paragraphs (a), (b), (d) and in the first subparagraph of paragraph (f) of the previous paragraph.

5. Final users may not exercise the rights referred to in paragraphs (d) and (f) of paragraph 3 in the case of calls made to entities providing emergency call services which are to be determined on a regulated basis, in particular through the number 112.

Similarly, and for a limited period of time, end users may not exercise the right recognised in paragraph 3 (f) when the subscriber to the target line has requested the identification of the calls malicious or annoying to your line.

The provisions of paragraph 3 (a) are without prejudice to the provisions of Article 12 of Law 34/2002 of 11 July of Services of the Information Society and Electronic Commerce.

6. The preparation and marketing of the directory of subscribers to the electronic communications services and the provision of the information services on them shall be carried out under free competition, with the guarantee, in any event, of the subscribers the right to the protection of their personal data, including the right to not appear in such guides. To this end, undertakings which assign telephone numbers to subscribers shall be required to make all reasonable requests for the provision of information relevant to the provision of information services on subscriber numbers and guides. accessible to the public, in an approved format and on a level playing field, objective, cost-oriented and non-discriminatory, subject to the provision of the above information and its subsequent use of the legislation in question. data protection material in place at any time.

7. The Ministry of Science and Technology may introduce clauses amending contracts concluded between operators and consumers who are natural persons and end users, in order to avoid abusive treatment of such persons.

8. This article is without prejudice to the application of Law 26/1984, of July 19, General for the Defense of Consumers and Users.

TITLE IV

Assessment of equipment and appliance compliance

Article 39. Technical normalization.

1. The Ministry of Science and Technology will ensure that the operators of public electronic communications networks publish the precise and appropriate technical specifications of the network interfaces offered in Spain, prior to the the possibility of public access to the services provided through these interfaces and the publication of the updated technical specifications when any modification occurs in those interfaces.

These specifications will be sufficiently detailed to enable the design of telecommunications terminal equipment capable of using all the services provided through the corresponding interface, and will include a complete description of the evidence necessary for the manufacturers of the equipment connecting to the interfaces to be able to ensure compatibility with them.

2. Regulations shall determine the ways in which the technical specifications applicable to telecommunications equipment and apparatus shall be drawn up for the purpose of ensuring compliance with the essential requirements laid down in this Directive. conformity assessment procedures and the equipment and apparatus exempted from the application of that assessment shall be established.

the Ministry of Science and Technology will be able to approve technical specifications other than those used for telecommunications equipment in the cases where the regulations provide for it, after the Commission's report on the Telecommunications.

Article 40. Assessment of compliance.

1. Telecommunications equipment, with the understanding of any device not expressly excluded from the regulation implementing this title which is radio equipment or telecommunications terminal equipment, or both at the same time, must evaluate their conformity with the essential requirements laid down in the provisions to be determined by them, to be in conformity with all the provisions laid down and to incorporate the relevant marking as a result of the assessment carried out. The use of certain amateur radio equipment constructed by the user himself and not available for sale on the market, in accordance with the provisions of his specific regulation, may be exempted from the application of this Title.

2. For imports from third countries outside the European Union, placing on the market, putting into service and use of a telecommunications apparatus as referred to in the previous paragraph shall be a prerequisite for the the manufacturer established in the European Union or his authorised representative established in the European Union, where the manufacturer is not, or the importer, or the person responsible for placing the appliance or the user on the market, has verified in advance the conformity of the apparatus with the essential requirements applicable to them by means of the procedures to be determined in the regulation to be established for this purpose.

3. Compliance with all requirements set out in the above regulation includes the enabling for the connection of devices intended to connect to the termination points of a public electronic communications network. Such compliance does not imply authorization of use for radio equipment subject to obtaining authorization or granting of radio public domain in the terms established in this law.

4. The Ministry of Science and Technology may promote complementary voluntary certification procedures for telecommunications equipment which shall include at least the conformity assessment referred to in the preceding chapters.

5. The Ministry of Science and Technology will carry out the appropriate checks to ensure that the teams placed on the market have assessed their compliance in accordance with the provisions of this Title. The costs incurred in carrying out such checks shall be borne by the natural or legal person responsible for the equipment placed on the market under control.

By royal decree the procedure applicable to the withdrawal from the market of products that do not comply with the provisions of this title will be established.

Article 41. Mutual recognition.

1. Telecommunications equipment which has assessed its conformity with the essential requirements in another Member State of the European Union or under the mutual recognition agreements concluded by it with third countries, and which complies with the Other provisions applicable in this field shall have the same consideration, as regards the provisions of this Title IV, which the apparatus for which conformity has been verified in Spain and which also comply with the other provisions laid down in law material.

2. The Ministry of Science and Technology shall establish procedures for the recognition of the conformity of telecommunications equipment with the mutual recognition agreements established by the European Union with third countries.

3. Telecommunications equipment using radio spectrum with non-harmonised radio parameters in the European Union may not be placed on the market until they have been authorised by the Ministry of Science and Technology, and to have assessed compliance with the rules applicable to those and to be in compliance with the other applicable provisions.

Article 42. Conditions to be met by installations and installers.

The installation of the telecommunications equipment must be carried out in accordance with the instructions provided by its manufacturer and, in any case, maintaining the conditions under which it has been verified. compliance with the essential requirements, in the terms set out in the previous articles of this Title.

The government will establish, after hearing the professional associations concerned and the associations representing the construction and installation companies, the conditions applicable to the operators and installers of telecommunications equipment, apparatus and systems, in order to ensure that their professional competence is ensured in their service.

TITLE V

Public Radio Domain

Article 43. Management of radio public domain.

1. The radio spectrum is a good public domain, whose ownership, management, planning, administration and control correspond to the State. Such management shall be exercised in accordance with the provisions of this Title and in international treaties and agreements in which Spain is a party, taking into account the rules applicable in the European Union and the resolutions and recommendations of the Union. International Telecommunications and other international organizations.

2. The administration, management, planning and control of the radio spectrum include, inter alia, the elaboration and approval of the general plans for use, the establishment of the conditions for the granting of the right to its use, the allocation of that right and the technical verification of radio emissions. It also integrates within the administration, management, planning and control of the spectrum the inspection, detection, location, identification and elimination of harmful interference, irregularities and disturbances in the telecommunications systems, initiating, where appropriate, the appropriate sanctioning procedure.

3. The use of radio public domain by satellite networks is included in the management, administration and control of the frequency spectrum.

Likewise, the use of the public radio domain necessary for the use of the orbit-spectrum resources in the field of Spanish sovereignty and through communications satellites is reserved for the State. Its exploitation shall be subject to international law and shall be carried out in such a way as to be determined by direct management by the State or by grant. In any case, management may also be carried out by means of concerts with international bodies.

4. The management of the public radio domain aims to establish a legal framework that ensures harmonised conditions for its use and allows for its availability and efficient use. For such purposes:

(a) The rights of private use of the public radio domain shall be granted for periods of time which shall be fixed, renewable in accordance with the provisions and forecasts of the planning of such public domain. The rights of private use without limitation of number shall be granted for a period ending on 31 December of the calendar year in which they comply with their fifth year of validity, extendable for periods of five years. For their part, the rights of private use with limitation of number shall have the duration provided for in the corresponding tendering procedures which shall in any case be a maximum of 20 renewable years.

(b) In the concessions the applicant must prove his status as an operator and, in terms of the terms that are regulated, the effective use of the reserved public domain once the right of use has been granted.

Article 44. Government powers for the management of radio public domain.

1. The Government shall develop regulations governing the management of radio broadcasting, the elaboration of plans for its use and the procedures for granting the rights of use of this domain. This Regulation shall cover at least the following:

(a) The procedure for the determination, control and inspection of levels of tolerable radio emission and which do not pose a danger to public health, in accordance with the provisions of the Commission's recommendations European. Such limits must be respected, in any case, by the other public administrations, both autonomic and local.

(b) The procedure for drawing up plans for the use of radio spectrum, including the national frequency allocation table, the national technical plans for broadcasting and television, the approval shall be the responsibility of the Government, and the radio spectrum needs for national defence. The data relating to the latter subject shall be reserved.

c) The procedures for granting rights of use for the radio public domain. The procedures for granting rights for the use of radio broadcasting shall take into account, inter alia, the technology used, the interest of the services, the bands and their degree of use.

They will also take into consideration the economic assessment, for the interested party, of the use of the public domain, which is a scarce resource and, where appropriate, the bids submitted by the bidders.

(d) Enablement for the exercise of the rights of use of the radio public domain shall take the form of affectation, concession or administrative authorisation. The time limit for the granting 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 administrative body, without prejudice to the provisions of this Regulation. in the following paragraph. Such time limit shall not apply where international frequency coordination is necessary or affects stocks of orbital positions.

e) The proper use of radio spectrum through the use of equipment and apparatus.

2. Where necessary to ensure the effective use of radio spectrum, the Ministry of Science and Technology may, after hearing the interested parties, including consumer and user associations, limit the number of concessions. demanials to be granted on that domain for the exploitation of public networks and the provision of electronic communications services. This limitation shall be reviewed by the ministry itself, either on its own initiative or at the request of a party, in so far as the reasons for which it has been given disappear.

When, in accordance with the provisions of the previous paragraph, the Ministry of Science and Technology limits the number of demanial concessions, a tendering procedure shall be carried out for the granting of the same as respect in any event the principles of advertising, competition and non-discrimination for all interested parties. To this end, the statement of bases and the call for tenders corresponding to the granting of the radio-electric public domain segment subject to limitation shall be approved by order of the Ministry of Science and Technology. In this case, the Ministry of Science and Technology shall decide on the granting of the demanial concession within a maximum period of eight months from the invitation to tender.

Taking into account the principles laid down in the law of the assets and contracts of public administrations, the rules applicable to the demanial concession in respect of the the invitation to tender, the list of bases to be approved and the award of the concession.

Article 45. Enabling titles for the use of radio public domain.

1. The right of use of the radio public domain shall be granted by the State Radiocommunications Agency, through the demanial affectation or the granting or administrative authorization, except in the cases referred to in paragraph 2 of the previous article. The common use of radio-electric public domain shall be free.

2. The granting of the right to the use of radio-broadcasting shall take the form of administrative authorisation in the following cases:

(a) If this is a reservation of the right of special non-proprietary use of the public domain. The use of radio spectrum by radio amateurs and others without economic content, such as the use of a citizen's band, shall be considered for special use in the public domain, with the duration and conditions laid down by regulation associated with them.

b) If the right of private use is granted for self-provision by the applicant, except in the case of public administrations that will require demanial involvement. 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 procedure provided for in paragraph 2 of the previous article applies.

In the remaining cases, the right to the private use of the public radio domain will require administrative concession. For the granting of such a demanial concession, it shall be a prerequisite for applicants to establish their status as an operator. The resolutions by which the concessions of radio public domain are granted will be dictated and published in the form and deadlines that will be established by royal decree.

Reglamentarily, the Government may lay down conditions for the transmission of certain rights of use of radio public domain by the Telecommunications Administration.

Such transmissions shall under no circumstances exempt the holder of the right of use, from the obligations assumed in relation to the Administration, and shall in any event respect the technical conditions of use laid down in the table national allocation of frequencies or technical plans or those which, where appropriate, are laid down in the technical implementing measures of the European Union.

In addition, in that regulation, the cases in which the authorisations for the use of the public radio domain may be transferable in cases where a subrogation occurs in the rights and obligations of the operator.

3. The Government shall, as a rule, lay down the non-discriminatory, proportionate and transparent conditions attached to the titles enabling the use of the public radio domain, including those necessary to ensure the effective and efficient use of the frequencies and commitments made by operators in the tendering processes provided for in paragraph 2 of the previous Article, which may be imposed in each case associated with the use of the frequency, as well as the conditions for the granting of qualifications for the use of the public domain radio for experimental purposes or short events.

4. Prior to the use of the radio public domain, the inspection or recognition of the facilities shall be required, in order to verify that they comply with the conditions previously authorised. Depending on the nature of the service, the frequency band used, the technical importance of the installations being used or for reasons of efficiency in spectrum management, the prior inspection by a Member State may be replaced. certification issued by competent technician.

5. In accordance with the principles of objectivity and proportionality, taking into account primarily the needs of planning and the efficient use and availability of radio spectrum in the terms of regulation, the Ministry of Science and Technology may amend the titles enabling the use of the public radio domain after hearing from the interested parties, the Consumers ' Council and Users and, where appropriate, the most representative associations of the other users, and report of the Telecommunications Market Committee. The amendment will be made by ministerial order, which will set a deadline for the holders to adapt to that.

TITLE VI

Telecom administration

Article 46. Powers of the General Administration of the State and its public bodies.

1. They will have the consideration of the National Telecommunications Regulatory Authority:

a) The Government.

b) The higher bodies and directors of the Ministry of Science and Technology, which, in accordance with the department's organizational structure, assume the powers of this law.

c) The higher bodies and managers of the Ministry of Economy in the field of price regulation.

d) The Telecommunications Market Commission.

e) The State Radiocommunications Agency.

Reglamentarily, the government will develop the powers that this law entrusts to the Ministry of Science and Technology, the Ministry of Economy, the Telecommunications Market Commission and the State Agency of Radio communications, as well as the functions, responsibilities and material, personnel and financial resources that are assigned to them for the fulfilment of the purposes. Among the financial resources, the affectation of the fees may be included in the terms that are regulated in the following title of this law.

2. The Minister of Science and Technology, without prejudice to the powers conferred on other bodies by this law, will propose to the Government the policy to be followed to facilitate the development and evolution of the public service obligations to which it is referred to in Title III and shall develop it by taking responsibility for monitoring and monitoring public service obligations which correspond to the various operators in the operation of networks or the provision of services of electronic communications, without prejudice to the powers conferred on the Commission by the law on the Telecommunications in relation to universal service.

They also correspond to the Ministry of Science and Technology, in the terms of this law, the powers not conferred on the Commission of the Telecommunications Market in accordance with the provisions of Title II of this Law, as the powers in the field of conformity assessment of equipment and apparatus and the management of radio public domain, without prejudice to those expressly attributed to the State Radiocommunications Agency.

Article 47. The State Radiocommunications Agency.

1. The name of the State Agency for Radiocommunications is hereby established as an autonomous body, in accordance with the provisions of Article 43.1 (1) of Law 6/1997 of 14 April of the Organization and the Functioning of the General administration of the State, with a differentiated legal personality and full capacity to act, which shall be governed by this law and the other implementing rules.

2. This Agency, through the Secretariat of State of Telecommunications and the Information Society, is attached to the Ministry of Science and Technology, which corresponds to its strategic direction, the evaluation and control of the results of the its activity.

3. The Agency, within the scope of its powers, shall be responsible for administrative powers for the fulfilment of its purposes, in accordance with the terms laid down in its Statute and in accordance with applicable law.

4. In the exercise of its public functions, the Agency shall act in accordance with the provisions of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

5. The Agency shall be responsible for the implementation of the management of the radio public domain within the framework of the guidelines laid down by the Government, the Ministry of Science and Technology and the Secretariat of State for Telecommunications and for the Society of the information, as well as in the relevant regulations.

6. In order to comply with the object set out in the previous paragraph, the Agency shall carry out the following tasks in terms of the following rules:

(a) The proposal for the planning, management and administration of the radio public domain, as well as the processing and granting of the enabling titles for their use, except when their number of agreements is limited as provided for in Article 44 (2).

(b) The exercise of the functions conferred on the General Administration of the State in matters of authorization and inspection of radio installations in relation to the permitted levels of radio emission Article 44 of this law, in the field of exclusive competence that corresponds to the State on telecommunications, in accordance with Article 149.1.21. of the Constitution.

(c) The management of a public radio frequency register, accessible via the Internet, in which the holders of administrative concessions for the private use of public radio broadcasting shall be established.

d) The development of projects and the development of national technical broadcasting and television plans.

e) The technical verification of radio emissions for the identification, location and elimination of harmful interference, infringements, irregularities and disturbances of radio communication systems.

(f) The control and inspection of telecommunications, as well as the proposal to initiate sanctioning cases in the field, without prejudice to the powers established in this area by this law.

In matters of competence of the Ministry of Science and Technology or of the Telecommunications Market Commission, and at its request, the State Radiocommunications Agency shall carry out the inspection functions to which it is responsible. required.

g) Managing the allocation of orbit-spectrum resources for satellite communications.

(h) The voluntary period management of the fee for the reservation of the radio public domain as set out in paragraph 3 of Annex I to this Act, and the management and voluntary collection of telecommunications charges set out in paragraph 4 of Annex I, which is collected for the provision of services entrusted to the Agency in accordance with the provisions of this law, without prejudice to the conventions which the State Agency may establish Radio communications with other entities and the executive branch of collection corresponding to others State bodies in the field of public revenue.

i) The elaboration of studies and reports and, in general, the advice of the General Administration of the State in all matters relating to the management of the radio public domain.

j) Collaboration with the Secretariat of State of Telecommunications and for the Information Society in participation in international bodies related to radio spectrum planning.

k) The elaboration and elevation to the Ministry of Science and Technology of an annual report on their performance.

7. The Staff Regulations of the Agency shall be in accordance with the provisions of Article 47.1 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

In the terms set out in its Staff Regulations, the Agency may also recruit staff for the provision of posts of special technical content. The processing of the corresponding calls for selection and provision of jobs shall be carried out by the Agency, on the same terms as established for the General Administration of the State.

8. The economic resources of the Agency may come from any of the resources listed in Article 65 (1) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. The Agency's economic resources shall also include the remainder which, in accordance with the provisions of paragraph 5 of Annex I to this Act, is to be entered by the Commission on the Market for Taccations, as well as the revenue collected by the Agency. the fee referred to in paragraph 4 of Annex I for the provision of services entrusted to the Agency in accordance with this law.

9. The scheme for the procurement, acquisition and disposal of the Agency is governed by the general rules for the procurement of public administrations.

10. The estate regime of the State Radiocommunications Agency shall be in accordance with the provisions of Article 48 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

11. The Agency shall annually draw up a preliminary draft budget with the structure specified by the Ministry of Finance, and forward it to the Ministry of Science and Technology for elevation to the Government and subsequent referral to the General Cortes, Part of the General Budget of the State. The budgetary procedure, the economic-financial system, the accounting system, the intervention and the financial control system of the State Radiocommunications Agency will be the one established in the General Budget Law, in accordance with the provisions of the Article 50 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

12. It is up to the Government to approve the Statute of the State Radiocommunications Agency, by means of a royal decree, at the initiative of the Minister of Science and Technology and on the joint proposal of the Ministers of Finance and Public Administrations.

13. The effective establishment of the Agency will take place at the moment and with the deadlines laid down by the royal decree of approval of its Statute. This royal decree must be submitted to the Council of Ministers for approval no later than one year after the entry into force of this provision. The actual decree shall determine the bodies, centres and departments which will be integrated into the Agency with the necessary amendments.

Article 48. The Telecommunications Market Commission.

1. The Telecommunications Market Commission is a public body provided for in paragraph 1 of the additional provision of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, with legal personality and full public and private capacity. It is attached to the Ministry of Science and Technology, through the Secretariat of State of Telecommunications and the Information Society, which will exercise the functions of coordination between the Commission and the Ministry. It shall be governed by the provisions of this law and provisions which develop it, as well as by Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the exercise of functions This law is attributed to it by Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, in accordance with the provisions of paragraph 1 of its additional provision. The staff providing service to the Commission shall be linked to it by a working relationship.

2. The Commission of the Telecommunications Market will have as its object the establishment and supervision of the specific obligations to be fulfilled by operators in the telecommunications markets and the promotion of competition in the markets. of audiovisual services, in accordance with its regulatory rules, the resolution of disputes between operators and, where appropriate, the exercise as an arbitration body for disputes between operators.

3. In the telecommunications fields covered by this law, the Telecommunications Market Commission shall perform the following tasks:

(a) Arbitration in disputes that may arise between operators in the electronic communications sector, as well as in those other cases that may be established by regulatory means, when the parties concerned agree.

The exercise of this arbitral function shall not have a public character. The arbitration procedure shall be established by royal decree and shall be in accordance with the essential principles of hearing, probation, contradiction and equality, and shall be unavailable to the parties.

b) Assign the numbering to the operators, in order to dictate the appropriate resolutions, in objective, transparent and non-discriminatory conditions, in accordance with what is determined. The Commission shall ensure the correct use of assigned public numbering resources. It shall also authorise the transfer of such resources, by means of a decision establishing the conditions of such resources.

c) Exercise the functions that in relation to the universal service and its funding entrust to it Title III of this law.

d) the binding resolution of the conflicts arising between operators in the field of access and interconnection of networks, in the terms set out in Title II of this Law, as well as in matters relating to telephone guides, the financing of universal service and the sharing of infrastructure.

It will also exercise the remaining powers that are attributed to it in this law.

e) Adopt the necessary measures to safeguard the plurality of service offerings, the access to electronic communications networks by operators, the interconnection of networks and the operation of network in conditions of open network, and pricing and marketing policy by service providers.

For these purposes, without prejudice to the tasks assigned to Chapter III of Title II of this Law and its implementing legislation, the Commission shall perform the following tasks:

1. It may issue instructions to operators operating in the electronic communications sector, on the subjects indicated. These instructions will be binding once notified or, if applicable, published in the "Official State Gazette".

2. It will be in the knowledge of the Service of Defense of the Competition the acts, agreements, practices or behaviors of which it may have news in the exercise of its attributions and that they have indications of being contrary to the Law 16/1989, of 17 July, of Defence of Competition. To this end, the Telecommunications Market Committee shall communicate to the Competition Defence Service all the facts within its scope and, where appropriate, shall send a non-binding opinion of the rating which it deserves.

3. To exercise the competence of the General Administration of State to interpret the information provided by the operators in the exercise of the protection of free competition in the exercise of this law pursuant to Article 9 of this Law electronic communications market.

(f) Reporting in accordance with the procedures initiated for the authorisation of the concentration of operators or takeover operations of one or more operators in the electronic communications sector, where such operations must be submitted to the Government for its decision, in accordance with the laws in force in the field of defence of competition.

g) Define relevant markets to establish specific obligations as provided for in Chapter II of Title II and Article 13 of this Act.

(h) To advise the Government and the Minister of Science and Technology, at their request or on their own initiative, in matters concerning the market and the regulation of communications, particularly in matters which can affect the free and competitive development of the market. It may also advise the autonomous communities and local authorities, at the request of the competent bodies of each of them, in relation to the exercise of their own powers by those public administrations which enter into relationship to the state competition in the field of telecommunications.

In particular, it will inform preceptively in the procedures dealt with by the General Administration of the State for the elaboration of normative provisions, in the field of electronic communications, technical specifications of equipment, equipment, devices and telecommunications systems; the planning and allocation of radio spectrum frequencies, as well as the specifications of general administrative clauses which, where appropriate, should govern tendering for the granting of radio public domain concessions.

i) To exercise the inspection functions in those matters on which the sanctioning authority is assigned in accordance with Article 50.1 and to request the intervention of the State Radiocommunications Agency for inspection the technical network and electronic communications services in those cases where the Commission considers it necessary for the performance of their tasks.

j) The exercise of sanctioning power in the terms provided for by this law.

In the procedures to be initiated as a result of denunciation by the Ministry of Science and Technology, the instructor, before formulating the appropriate motion for a resolution, will submit the dossier to the report of the ministry. The motion for a resolution shall be reasoned if it is separated from that report.

(k) to report, in the light of the telecommunications inspection services of the State Radiocommunications Agency, conduct contrary to the general legislation of telecommunications where the exercise of the right to do so does not Sanctioning authority.

In the procedures to be initiated as a result of the complaints referred to in the preceding paragraph, the instructor, before formulating the appropriate motion for a resolution, shall submit the dossier to the Commission of the Telecommunications Market.

The resolution proposal should be motivated if it is separated from that report.

l) The keeping of a register of operators, in which all those whose activity requires the notification referred to in Article 6 of this law shall be entered.

The record shall contain the data necessary for the Commission to exercise the functions it has attributed to it.

m) Any other than legal or regulentarily attributed to it or entrusted to it by the Government or the Ministry of Science and Technology.

4. The Telecommunications Market Commission shall be governed by a Council, which shall be responsible for the exercise of all the tasks set out in the previous paragraph.

5. The Council will be composed of a president, a vice-president and seven members, who will be appointed by the government, by means of a royal decree adopted on a joint proposal by the ministers of science and technology and the economy, between recognised professional competence related to the telecommunications sector and the regulation of the markets, upon appearance before the competent Commission of the

Congress of Deputies, to report on the people whom it intends to propose.

6. The Council shall appoint a non-Counsellor Secretary, who shall act with a voice, but without a vote.

7. The positions of President, Vice-President, and counselors will be renewed every six years, with the initially appointed to be re-elected for one time.

8. The President, the Vice-President and the members shall cease in their capacity to resign accepted by the Government, expiration of the term of their term of office or separation agreed by the Government, after having been informed by the Minister of Science and Technology, for permanent incapacity for the exercise of the office, gross non-compliance with its obligations, conviction for intentional crime or incompatibility.

9. All members of the Board shall be subject to the regime of incompatibilities of senior administration officials.

10. The Council of the Telecommunications Market Committee shall adopt the rules of procedure of the Commission's internal rules of procedure, which shall govern the action of the Commission's bodies, the procedure to be followed for the adoption of agreements and the organization of the of the staff.

The approval agreement of the rules of procedure of the internal system must be adopted with the approval of two thirds of the members of the Council of the Telecommunications Market Committee.

11. The Commission will draw up an annual report to the Government on the development of the telecommunications and audiovisual services market, which will be upgraded to the General Cortes. This report will reflect all the actions of the Commission, its comments and suggestions on market developments, the fulfilment of the conditions of free competition, the measures to correct the deficiencies reported and the facilitate the development of telecommunications.

12. In the course of its duties, and in the terms which it is determined to determine, the Telecommunications Market Committee, once the procedure concerned has been initiated, may at any time, on its own initiative or at the request of the interested, to take any precautionary measures which it considers appropriate to ensure the effectiveness of the award or the decision which may be made, if there are sufficient evidence to do so.

13. The Commission shall have its own heritage, independent of the State's assets.

14. The Commission's resources shall be integrated by:

(a) The assets and securities that constitute their assets and the products and income of the equity.

(b) The income from the settlement of charges due to the performance of the service provision activities and those arising from the exercise of the powers and functions referred to in paragraph 3 of this Article. However, the proceeds from the sanctioning activity of the Telecommunications Market Commission will be entered into the Public Treasury.

In particular, the fees referred to in paragraph 1 of Annex I to this Act shall be the revenue of the Commission in the terms set out in that Annex.

The voluntary management and collection of the fees of paragraphs 1 and 2 of Annex I to this Act, as well as of the telecommunications charges set out in paragraph 4 of that Annex I which are levied for the benefit of the The Commission shall, in accordance with the provisions of this law, be responsible for the Commission's responsibility in the terms set out in paragraph 5 of that Annex, without prejudice to the conventions which it may lay down with other provisions. entities and the executive faculty corresponding to other bodies of the State in the field of public revenue, or their obligation to enter the Treasury, where appropriate, in the cases provided for in Annex I to this Act.

(c) Transfers which, if any, are carried out by the Ministry of Science and Technology under the General Budget of the State.

15. The Commission shall annually draw up a preliminary draft budget with the structure to be determined by the Ministry of Finance, and forward it to the Department for elevation to the Government. The latter, after its approval, will send it to the General Cortes, which is part of the General Budget of the State. The budget shall be estimated and its variations shall be authorized in accordance with the general budget law.

16. The economic and financial control of the Commission shall be carried out in accordance with the provisions of the General Budget Law.

17. The provisions and decisions which the Commission may make in the exercise of its public functions shall terminate the administrative procedure and shall be subject to the administrative and administrative jurisdiction in the terms laid down in the law of that jurisdiction.

The award of the Commission in the exercise of its arbitral function shall have the effect laid down in Law 36/1988 of 5 December of Arbitration; its review, annulment and enforcement shall be in accordance with the provisions of the cited law.

TITLE VII

Telecommunications Rates

Article 49. Principles applicable to telecommunications charges.

1. Operators and rightholders of the use of radio or numbering resources in the public domain shall be subject to the payment of the fees laid down in the legal order.

2. Such fees shall be intended to:

(a) Cover the administrative costs incurred by the regulatory work relating to the preparation and implementation of secondary Community law and administrative acts, such as those relating to interconnection and access.

(b) Those that cause the management, control and enforcement of the regime established in this law.

(c) Those that cause the management, control and enforcement of the rights of occupation of the public domain, the rights of use of the radio public domain and the numbering.

d) The management of the notifications under Article 6 of this Law.

e) The costs of international cooperation, harmonization and standardisation and market analysis.

3. Without prejudice to paragraph 2, the fees established for the use of the radio public domain, the numbering and the public domain necessary for the installation of electronic communications networks shall be for the purposes of the the need to ensure the optimal use of these resources, taking into account the value of the good used and its scarcity.

Such fees shall be non-discriminatory, transparent, objectively justified and proportionate to their purpose. They shall also promote compliance with the objectives and principles set out in Article 3, in terms of the terms to be established.

4. The fees referred to in the preceding paragraphs shall be imposed in an objective, transparent and proportionate manner in such a way as to minimise the additional administrative costs and charges arising therefrom.

5. The Ministry of Science and Technology, the Telecommunications Market Commission and the State Radiocommunications Agency, as well as the territorial administrations which manage and liquidate subsucible rates in paragraph 2 of this Regulation. Article shall publish an annual summary of the administrative costs justifying their imposition and the total amount of the collection.

6. The telecommunications charges managed by the General Administration of the State and its public bodies shall be as set out in Annex I to this Act.

TITLE VIII

Inspection and sanctioning regime

Article 50. Inspection and sanctioning functions.

1. The inspector's role in the field of telecommunications is:

a) The State Radiocommunications Agency.

b) The Telecommunications Market Commission.

c) The Ministry of Science and Technology.

2. It shall be the responsibility of the Ministry of Science and Technology for the inspection of telecommunications services and networks, their conditions of supply, equipment, equipment, installations and civil systems, which shall include: with a central telecommunications technical inspection service.

3. The Telecommunications Market Commission shall be responsible for the inspection of the activities of the telecommunications operators in respect of which it has a sanctioning competence in accordance with this law.

4. The State Radio Agency shall be responsible for the control and inspection of the public radio spectrum, as well as the carrying out of inspection activities in accordance with the following paragraph.

5. In order to carry out certain technical inspection activities, the Ministry of Science and Technology or the Commission of the Telecommunications Market, in matters falling within its competence, may request the action of the State Agency Radiocommunications.

6. The officials of the State Radiocommunications Agency, the Ministry of Science and Technology and the staff of the Telecommunications Market Committee specifically designated for this purpose shall have, in the exercise of their duties, inspectors, the consideration of public authority and may request, through the appropriate governmental authority, the necessary support from the Corps and the Security Forces.

Operators or those carrying out the activities referred to in this law shall be obliged to provide the inspection personnel with access to their facilities in the performance of their duties. They shall also allow such personnel to carry out the control of the elements affected by the services or activities they perform, of the networks they install or operate and of how many documents they are required to hold or retain.

The natural and legal persons included in this paragraph are required to make available to the inspection personnel how many books, records and documents, whatever their support, they consider accurate, including software and magnetic, optical or any other class files.

The actions of verification or research carried out by the State Radiocommunications Agency, the Ministry of Science and Technology and the Telecommunications Market Commission in the field of its competences may be developed, at the choice of their services:

a) In any office, office, or dependency of the person or entity inspected or who represents them.

b) In the premises of the State Radiocommunications Agency, the Ministry of Science and Technology or the Telecommunications Market Commission.

Where verification or investigation actions are carried out in the places referred to in subparagraph (a) above, the working day of the same shall be observed, without prejudice to the fact that agreement may be made in other places hours or days.

The obligations set out in the preceding paragraphs shall also be enforceable against those who, without the right to be entitled, appear to be responsible for the provision of the service, the installation or the operation of the network or of the exercise of the activity.

7. The application of the sanctioning regime corresponds to the Ministry of Science and Technology and the Telecommunications Market Commission in accordance with the provisions of Article 58 of this Law.

Article 51. Liability for infringements in the field of telecommunications.

Administrative responsibility for breaches of the regulatory standards for telecommunications will be enforceable:

(a) In the event of non-compliance with the conditions laid down for the operation of networks or the provision of electronic communications services, the natural or legal person who develops the activity.

(b) In those committed for the purpose of the operation of networks or the provision of services without having made the notification referred to in Article 6 of this law, to the natural or legal person performing the activity or, subsidiary, to which it has the availability of equipment and facilities for any legal title valid or lacking in law.

(c) In those committed by the users or by other persons who, without being included in the preceding paragraphs, carry out regulated activities in the telecommunications regulations, to the natural or legal person whose performance is It is established by the infringement or to which the relevant rules specifically attribute responsibility.

Article 52. Classification of the infringements.

Breaches of telecommunications regulatory standards are classified as very serious, severe and mild.

Article 53. Very serious infringements.

Serious violations are considered:

(a) The performance of activities without an enabling title where it is legally necessary or using technical parameters other than the title itself and the use of emission powers known to be higher than those of the permitted or of radio frequencies without authorisation or other than those authorised, provided that, in the latter two cases, serious damage to the networks or to the provision of electronic communications services occurs.

(b) The use, under conditions other than those authorised, of radio spectrum causing alterations to prevent the correct provision of other services by other operators.

(c) The serious or repeated non-compliance by the holders of concessions, demanial affections or authorisations for the use of the public radio domain of the essential conditions imposed on them by the Ministry of Science and Technology.

d) The full or partial transmission of concessions or authorizations for the proprietary use of the public radio domain, without complying with the requirements laid down for this purpose by the law of development of this law.

e) The deliberate production of interference defined as harmful in this law, including those caused by radio stations that are installed or in operation on board a ship, aircraft or any other another floating or airborne object that transmits emissions from outside the Spanish territory for possible full or partial reception in this area.

(f) To carry out radio broadcasts which seriously breach the exposure limits laid down in Article 44 of this Law and seriously breach the other safety measures laid down in that law. rules, including the signalling or fencing obligations of radio installations.

g) Allow the use of links from outside the national territory to be provided through satellites whose use has not previously been authorised.

(h) The installation, putting into service or use of terminals or equipment connected to public electronic communications networks which have not assessed their conformity, in accordance with Title IV of this Law, if damage occurs very serious to those.

(i) The import or wholesale sale of equipment or apparatus the conformity of which has not been assessed in accordance with the provisions of Title IV of this Law, or with international agreements or conventions concluded by the State

(j) The serious and repeated non-compliance by the holders of the designated laboratories or by the collaborating entities of the Administration of the obligations which they regulate are established for their operation or for the arising from their accreditation or concert, in the process of assessment of telecommunications equipment, in accordance with the technical specifications applicable to them.

k) The refusal or obstruction to be inspected, and non-collaboration with inspection when required.

(l) The serious or repeated non-compliance with public service obligations as set out in Title III.

m) The repeated non-compliance with the obligation to maintain the quality standards established for the provision of services.

n) Interception, without authorization, of telecommunications not intended for the general public.

n) Disclosure of content, or simple existence, of messages not intended for the general public issued or received through telecommunications services, accessed through voluntary interception or involuntary, their publication or any other use of them without proper authorization.

or) The deliberate failure by operators to comply with the obligations in respect of the legal interception of communications imposed under Article 33 of this Law.

p) The repeated non-compliance with the information requirements formulated by the competent authority of the State Administration in the exercise of its functions.

(q) Failure to comply with the instructions given by the Telecommunications Market Committee, in the exercise of the powers conferred on it by reference markets and operators with significant power this law.

(r) Failure to comply with the resolutions adopted by the Telecommunications Market Committee in the exercise of its functions in the field of electronic communications, with the exception of those it carries out in the the arbitration procedure prior to voluntary submission of the parties.

s) Serious or repeated non-compliance by operators of the conditions for the provision of services or the operation of electronic communications networks.

t) The exploitation of networks or the provision of electronic communications services without complying with the requirements for such activities as set out in this law and its development regulations.

u) Failure to comply with Article 6.1.

v) Non-compliance by natural or legal persons entitled to the exploitation of networks or the provision of publicly accessible electronic communications services, of the obligations in respect of access and interconnection to those subject to the current legislation.

w) Non-compliance with the determining conditions for the award and allocation of the numbering resources included in the duly approved numbering plans.

x) The repeated non-compliance with the information requirements formulated by the Telecommunications Market Commission in the exercise of its functions.

and) The lack of notification to the Administration by the holder of an electronic communications network of the services being provided through it when this information is required in accordance with the regulations applicable.

z) The serious or repeated infringement of the rights provided for in Article 38.3, except as provided for in paragraph (h), the infringement of which shall be governed by the sanctioning regime provided for by Law 34/2002 of 11 July, of Services of the Information Society and Electronic Commerce.

Article 54. Serious infringements.

Serious violations are considered:

(a) The performance of activities without an enabling title where it is legally necessary or using technical parameters other than the title itself and the use of emission powers known to be higher than those of the permitted or of radio frequencies without authorisation or other than those authorised, provided that such conduct does not constitute a very serious infringement.

(b) The installation of radio stations without authorization, where, in accordance with the provisions of the telecommunications regulatory regulations, it is necessary, or for radio stations on board a vessel, of a aircraft or any other floating or airborne objects, which, at sea or outside of it, make it possible to transmit emissions from outside for possible full or partial reception on national territory.

c) The mere production of interference defined as harmful in this law that are not included in the previous article.

d) The issuance of false or misleading identification signals.

(e) The use, under conditions other than those authorised, of radio spectrum causing alterations that hinder the correct provision of other services by other operators.

(f) Failure to take into account the requirement made by the competent authority for the cessation of radio emissions in the event of interference production.

g) The establishment of communications with unauthorized stations.

h) to carry out radio broadcasts which breach the exposure limits laid down in Article 44 of this Law and to comply with other security measures laid down therein, including signalling or fencing obligations of radio installations.

i) the installation, putting into service or use of terminals or equipment connected to public electronic communications networks which have not assessed their conformity, in accordance with Title IV of this Act, unless it is required to be considered to be a very serious infringement.

(j) the distribution, sale or exhibition for the sale of equipment or apparatus whose compliance with the applicable essential requirements has not been assessed in accordance with the provisions of Title IV of this Law or with the agreements or international conventions concluded by the Spanish State.

(k) The carrying out of the activity of installation of telecommunications equipment and systems without the corresponding enabling title, as well as the non-compliance with the requirements applicable to access to the services of telecommunications in the interior of the buildings and the installation in them of the telecommunications infrastructures.

l) The alteration, manipulation or omission of the technical characteristics, marks, labels, signs of identification or documentation of the equipment or telecommunications equipment.

m) Failure by the cooperating entities of the Administration for the standardisation and approval of the technical requirements and the content of the authorisations or concerts affecting them, in accordance with what is determined to be determined.

n) The following acts of collaboration with the users of ships or aircraft, whether national or foreign-flagged, made deliberately and which make it possible to produce the infringements provided for in paragraph (h) of the Article 53 and paragraph (b) of this Article:

1. The supply, maintenance, or repair of the material incorporating the ship or aircraft.

2. Your sourcing or sourcing.

3. The supply of means of transport or the transport of persons or material to the ship or aircraft.

4. The assignment or performance of productions of all types from ships or aircraft, including advertising for radio broadcasting.

5. The provision of services relating to the advertising of stations installed on ships or aircraft.

6. No other acts of collaboration for the commission of an infringement in the field of telecommunications by the use of ships or aircraft.

n) The failure by operators to comply with the legal interception of communications imposed under article 33 of this law, except that it should be considered as a very serious infringement. serious, as provided for in the previous article.

or) Failure to comply with public service obligations, as set out in Title III, unless it is to be considered as a very serious infringement, as provided for in the previous Article.

p) Failure by operators of the conditions for the provision of services or the operation of electronic communications networks.

q) Any other serious breach of the obligations of operators of electronic communications networks or providers of electronic communications services or of their users, provided for in the laws in force, unless it is required to be considered as a very serious infringement, in accordance with the provisions of the previous Article.

r) The infringement of the rights provided for in Article 38.3, unless it is to be recognised as a very serious infringement. The right provided for in paragraph (h) shall be exempt, the infringement of which shall be governed by the sanctioning regime provided for by Law 34/2002 of 11 July of Services of the Information Society and Electronic Commerce.

Article 55. Minor infractions.

Are considered minor violations:

(a) The production of any type of unauthorised radio emission, unless it is to be considered as a serious or very serious infringement.

b) The mere production of interference when it should not be considered as a serious or very serious infringement.

c) Carage of the mandatory tariff or price tables when their display is required by the current regulations.

(d) Not to provide the data required by the Administration or to unreasonably delay its contribution when it becomes due in accordance with the provisions of the regulatory regulatory for electronic communications.

e) Any other non-compliance with the obligations imposed on operators of electronic communications networks or services or their users, provided for in the laws in force, unless it is to be considered as a serious infringement or very serious, in accordance with the provisions of the foregoing Articles.

Article 56. Penalties.

1. The Ministry of Science and Technology or the Telecommunications Market Committee shall impose the following penalties in the field of their respective powers:

(a) By the commission of very serious infractions as defined in paragraphs (q) and (r) of Article 53, the infringer shall be charged with a fine of not less than five times the gross profit obtained as a result of the of the acts or omissions in which the infringement consists. In the event that it is not possible to apply this criterion or that its application will result in a quantity lower than the greater of those below, the latter shall be the limit of the amount of the financial penalty. For these purposes, the following amounts shall be considered: one per cent of the gross annual income obtained by the offending entity in the last financial year in the branch of activity concerned or, if there is no such activity, in the financial year Five percent of the total, own or foreign funds used in the infringement, or 20 million euros.

(b) By the commission of the other very serious infractions, the infringer shall be charged a fine of not less than, not more than five times, of the gross profit obtained as a result of the acts or omissions in which it consists the infringement. In case it is not possible to apply this criterion, the maximum penalty limit will be EUR 2 million.

Very serious infringements, depending on their circumstances, may result in the disabling of up to five years of the operator for the operation of networks or the provision of electronic communications services.

(c) For the commission of serious infringements, the infringer shall be charged with a fine of up to the amount of the gross profit obtained as a result of the acts or omissions which constitute those or, in the event that it does not result This criterion, the maximum limit of the penalty shall be EUR 500,000.

Serious infringements, depending on their circumstances, may be carried out with public admonition, with publication in the 'Official State Gazette' and in two national newspapers, once the decision has been taken. sanctioning is firm in character.

d) For the commission of minor infractions a fine will be imposed on the infringer a fine of up to 30,000 euros.

Minor violations, depending on their circumstances, may lead to a private admonition.

2. In any event, the amount of the penalty imposed, within the limits indicated, shall be graduated taking into account, in addition to the provisions of Article 131.3 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and the Common Administrative Procedure, the following:

a) The severity of the violations previously committed by the subject to which it is sanctioned.

b) The social impact of the infringements.

c) The benefit that has been reported to the offender by the fact that the infringement was committed.

d) The damage caused.

In addition, the financial situation of the infringer, derived from his or her assets, income, family charges, and other personal circumstances that credit him or her, will be taken into account for the determination of the penalty. affect.

The infringer shall, where appropriate, be obliged to pay the fees which it would have had to satisfy in the event of the notification referred to in Article 6 or having enjoyed a title for the use of the radio public domain.

3. Without prejudice to paragraph 1 of this Article, the Ministry of Science and Technology or the Telecommunications Market Committee, within the scope of their respective powers, may take the following measures:

(a) The infringements referred to in Articles 53 and 54 may result in the adoption of precautionary measures, which in accordance with Article 136 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure may consist of the sealing and, where appropriate, the removal of the market of equipment or installations which the infringer would have used for a maximum period of six months, and in the order the immediate cessation of the allegedly infringing activity, where applicable, where applicable, the enforcement regime subsidiary provided for in Article 98 of that law.

(b) Where the infringer lacks the enabling title for the occupation of the public domain or his team has not assessed its conformity, the precautionary measures provided for in the preceding paragraph shall be maintained until the decision of the procedure or up to the conformity assessment.

(c) The penalties imposed for any of the offences referred to in Articles 53 and 54, where the enabling title is required for the performance of the activity carried out by the infringer, may be carried out, as the accessory, sealing or seizure of equipment or equipment or the closure of the facilities until such time as the title is available.

(d) In addition, the provisional suspension of the effectiveness of the title and the provisional closure of the premises, for a maximum period of time, may be agreed as a measure of assurance of the effectiveness of the final decision. Six months.

4. In addition to the penalty to be imposed on offenders, in the case of a legal person, a fine of up to EUR 60 000 may be imposed on their legal representatives or on the persons who make up the management bodies which have intervened in the agreement or decision.

Those persons who, as a part of the collective administration bodies, would not have attended the meetings or voted against or voted against, are excluded from the sanction.

5. The amounts identified in this Article may be updated by the Government, taking into account the variation in consumer price indices.

Article 57. Prescription.

1. The infringements covered by this law will be prescribed, the very serious, at three years; the serious, at two years, and the mild, at six months.

The limitation period for infringements shall begin to be taken into account from the day on which they were committed. The prescription of initiation, with the knowledge of the person concerned, of the sanctioning procedure shall be interrupted. The limitation period shall be returned if the penalty file has been brought to a standstill for more than one month for reasons not attributable to the alleged person responsible.

In the case of continued infringement, the initial date of the computation shall be that in which the infringing activity ceases to be carried out or the last act with which the infringement is consumed. However, the infringement shall be deemed to persist as long as the equipment, equipment or installations covered by the file is not available to the Administration or is satisfied with its impossibility of use.

2. Penalties imposed for very serious offences shall be imposed at three years of age; those imposed for serious misconduct, at two years of age, and those imposed for minor offences, per year.

The limitation period for the penalties shall begin to be computed from the day following the day on which the decision imposing the sanction becomes final.

Interrupt the prescription of the initiation, with the knowledge of the interested party, of the execution procedure, returning to run the deadline if the one is paralyzed for more than one month for cause not imputable to the infringer.

Article 58. Sanctioning powers.

The sanctioning competition will be:

(a) to the Telecommunications Market Committee, in the case of very serious infringements, as defined in paragraphs (q) to (x) of Article 53, serious infringements as defined in paragraph (p) and, in the material field of its Article 54, paragraph (q), and minor offences as defined in paragraph (d) of Article 55, in respect of the requirements laid down by it. Within the Telecommunications Market Commission, the imposition of sanctions will be:

1. The Council, in respect of very serious and serious infringements.

2. The President, in terms of the mild ones.

(b) to the Data Protection Agency, in the case of the very serious infringements referred to in paragraph (z) of Article 53 and the serious infringements referred to in paragraph (r) of Article 54.

c) In the case of infringements not included in the preceding paragraphs, and in the field of competence of the General Administration of the State, the imposition of sanctions shall be the responsibility of the Secretary of State for Telecommunications and for the Information Society.

The exercise of sanctioning powers shall be subject to the general procedure applicable to the conduct of public administrations. However, the maximum duration of the procedure shall be one year and the time limit for claims shall not be less than one month.

Additional disposition first. Limitations and easements.

1. The limitations to the ownership and easements referred to in Article 32 (1) of this law may affect:

a) To the maximum height of the buildings.

(b) The minimum distance to which high voltage power plants and industries may be located and electrified railway lines.

c) The minimum distance to which radio transmitters may be installed.

2. With the exception of the existing legal rules applicable to national defence and air navigation, there may be no restrictions on ownership or easements which contain more burdensome conditions than those laid down by law. following:

a) For distances of less than 1,000 metres, the angle on the horizontal with which it is observed, from the top of the lower-height receiving antennas of the station, the highest point of a building shall be at most Three degrees.

(b) The maximum required limitation of separation between an industry or a high voltage or railway power line and any of the station's receiving antennas shall be 1,000 metres.

The installation of radio transmitters in the vicinity of the station will be performed with the following limitations:

Gama

Apparent Radiated Power of the transmitter in the direction of the installation to protect
-
Kilowatts

Maximum required separation between installations to protect and antenna from transmitter
-
Kilometers

f < 30 MHz

0.01 < P < 1

2

1 < P < 10

10

P > 10

20

f > 30 MHz

0.01 < P < 1

1

1 < P < 10

2

P > 10

5

3. Electric field intensity limitations shall be required for those installations whose equipment has a high sensitivity. It is understood that high sensitivity equipment is used for research facilities. For radio astronomy and astrophysics facilities, these limitations will be as follows:

(a) The stations dedicated to radio astronomical observation, in each of the frequency bands that are attributed to the radio astronomy service in accordance with the national frequency allocation table, be protected against interference by the levels of field intensity indicated below:

-34.2 dB (µ V/m) in the band 1400 to 1427 MHz.

-35.2 dB (µ V/m) in the 1610.6 to 1613.8 MHz band.

-35.2 dB (µ V/m) in the 1660 to 1670 MHz band.

-31.2 dB (µ V/m) in the 2690 to 2700 MHz band.

-25.2 dB (µ V/m) in the 4990 to 5000 MHz band.

-14.2 dB (µ V/m) in the band 10.6 to 10.7 GHz.

-10.2 dB (µ V/m) in the 15.35 to 15.4 GHz band.

-2.2 dB (µ V/m) in the band 22.21 to 22.5 GHz.

-1.2 dB (µ V/m) in the band 23.6 to 24 GHz.

4.8 dB (µ V/m) in the 31.3 to 31.8 GHz band.

8.8 dB (µ V/m) in the 42.5 to 43.5 GHz band.

20.8 dB (µ V/m) in band 86 to 92 GHz.

(b) For the protection of astrophysics observatories, the limitation of the electric field intensity, at any frequency, shall be 88.8 dB (lV/m) at the location of the observatory.

4. For better use of the radio spectrum, the Administration may impose, on the premises, the use of technical elements to improve radio compatibility between stations.

Additional provision second. Meaning of the terms used by this law.

For the purposes of this law, the terms defined in Annex II shall have the meaning assigned to them.

Additional provision third. Application of the regulatory legislation of the common infrastructure in buildings, and of the additional 44th provision of Law 66/1997, of 30 December.

The legislation governing common infrastructure in buildings for access to telecommunication services will remain in force and will not be affected by the entry into force of this law.

The same will happen with the additional 44th provision of Law 66/1997, of December 30, of fiscal, administrative and social order measures.

Additional provision fourth. Confidential information.

Entities that provide to any National Regulatory Authority data or information of any kind on the occasion of the performance of their duties may indicate, in a justified manner, that part of the contribution they consider commercial or industrial importance, the dissemination of which could be detrimental to them, for the purpose of declaring their confidentiality with respect to any persons or entities that are not part of any National Regulatory Authority. Each National Regulatory Authority shall decide, in a reasoned manner and through appropriate resolutions, on information which, under the law in force, is exempt from commercial or industrial secrecy and on the basis of the confidentiality.

Additional provision fifth. The Advisory Board of Telecommunications and the Information Society.

1. The Advisory Board for Telecommunications and the Information Society, chaired by the Ministry of Science and Technology or the person to whom it delegates, is an advisory body to the Government in the field of telecommunications and society. information.

2. The functions of the Council shall be for study, deliberation and proposal in matters relating to telecommunications and the information society, without prejudice to the powers of the inter-ministerial collegiate bodies with powers to report to the government on computer policy.

It will also be up to you to report on the matters that the government determines or on which, on its own initiative, it deems appropriate. The report of the Telecommunications and Information Society Advisory Board shall be equal to the hearing referred to in Article 24.1.c) of Law 50/1997 of 27 November of the Government.

The government, by means of a royal decree, will establish the composition and operating system of the Advisory Council for Telecommunications and the Information Society, whose members will represent the General Administration of the State, to the Autonomous Administrations, to the local administration through their associations or federations more representative, to the users, including in any case to the disabled through their more representative organizations, to the operators providing services or operating public communications networks electronic, to the service providers of the information society, to the manufacturers of telecommunications equipment and the information society and to the most representative trade unions in the sector.

Additional provision sixth. Periodic penalty payments.

In order to ensure compliance with the resolutions they dictate, the General Administration of the State or the Commission of the Telecommunications Market may impose periodic penalty payments of 100 up to 10,000 euros per day. the terms provided for in Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Periodic penalty payments shall be independent of any sanctions that may be imposed on them and compatible with them.

The amount of periodic penalty payments provided for in this provision will be entered into the Treasury.

Additional provision seventh. Obligations in respect of conditional access, access to certain broadcasting and television services, wide format television and transmission obligations.

1. By Regulation, the conditions applicable to operators of public electronic communications networks in the field of conditional access to digital television and radio services broadcast to viewers and listeners will be regulated. independence of the means of transmission used. In addition, the procedure for revising these conditions by the Telecommunications Market Committee, in the event that the obliged operator no longer had significant market power in the market, was to be regulated by royal decree. question.

2. To the extent necessary to ensure the access of end-users to certain digital broadcasting and television services, the Telecommunications Market Commission may impose, in the form and for the services which it is (a) to be determined by the Government to be regulated, obligations to operators who have application programme interfaces (APIs) and electronic programming guides (EPGs) to facilitate access to these resources on reasonable terms, fair and non-discriminatory.

3. Public electronic communications networks used for the distribution of digital television services shall have the capacity to distribute television programmes and services in a wide format. Operators of such networks which receive television programmes or services in a wide format for subsequent distribution shall be obliged to maintain that format.

4. A regulation approved by the Government may impose, as public service obligations, reasonable requirements for the transmission of certain channels and services of radio and television programmes to operators operating networks of electronic communications used for the distribution of radio or television programmes to the public, if a significant number of end-users of such networks use them as the main means of receiving radio and television programmes, where it is necessary to achieve clearly defined general interest objectives and Proportionate, transparent, and periodically reviewable form.

Additional disposition octave. Query mechanism.

Measures taken by a National Regulatory Authority in accordance with Articles 10, 13, 19 and the seventh additional provision of this law and its implementing regulations shall be subject to the consultation mechanism. laid down in Article 7 of 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 (Framework Directive) and standards dictated to the developing effect of it by the European Commission.

Additional provision ninth. Protection of personal data.

The consent of the data subject shall not be required for the communication of personal data necessary for compliance with the provisions of Articles 7 and 38.6 of this Law.

Additional provision 10th. Cable broadcasting services.

The broadcasting services of radio and cable television shall be provided under free competition, under the conditions laid down by the Government by means of a regulation. In order to be provided in a territorial area superior to that of an autonomous community, the prior obtaining of a State administrative authorization and the registration thereof shall be required for such purposes to be carried out in the Commission of the Market of the Telecommunications.

Operators whose territorial scope of action does not exceed that of an autonomous community shall request the authorisation of the competent authority. Such authorisations shall be entered in the registers established for the purpose by each autonomous community. Such entries shall be communicated to the register of the Telecommunications Market Commission for information purposes only.

The regulation of radio and television broadcasting services shall establish the obligations of the holders of the authorisations and in particular those relating to:

a) Distribution of independent programmers entitlement programs.

(b) Compliance with applicable legislation on the content of radio and television services.

Additional provision eleventh.

The Ministry of Science and Technology may require the applicants for the reports referred to in Article 33 (4) of Law 43/1995 of 27 December 1995 on the Company Tax, the contribution of the qualification of the activities and identification of the associated expenditure and investments in research and development or innovation by entities duly accredited in the terms to be regulated.

Additional disposition twelfth. Deployment of radio communication infrastructures.

Within the framework of the provisions of Article 5 (7) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, a cooperation body will be established with participation of the autonomous communities in order to promote, by safeguarding the competences of all the administrations involved, the deployment of radio communication infrastructures, in particular mobile and fixed wireless networks, the principles of security of installations, users and the public in the general, the highest quality of service, the protection of the environment and urban discipline. For these purposes, and in accordance with the provisions of Article 5 (8) of Law No 30/1992, the association of local authorities with a higher level of establishment may be invited to attend the meetings of the said organ of the cooperation.

First transient disposition. Recognized rights and diplomas awarded prior to the entry into force of this law.

With regard to the rules in force at the time of approval of this law and the recognized rights and the titles granted under those laws, the following shall apply:

1. The rules developed under Title II of the General Telecommunications Law regarding individual authorizations and licenses will continue in force in what is not to be opposed to this law, until the adoption of the implementing regulations. provided for in Article 8.

2 Regarding existing titles, the following rules apply:

(a) All the enabling qualifications awarded for the operation of networks and the provision of telecommunications services have been extinguished since the entry into force of this law, with the holders entitled to the the provision of services or the operation of electronic communications networks, provided that they meet the requirements set out in the first paragraph of Article 6.1 of this Law.

The extinction of the title shall not imply that of others that are linked to it, among others, those that grant them rights of use of the public domain radio, numbering or occupation of public property or private.

In particular, the following titles are extinguished:

General and interim authorities.

Individual licenses.

Administrative concessions for the provision of pending telecommunications services to the entry into force of this law.

Notwithstanding the foregoing, the applicable conditions shall continue to be enforceable in accordance with their previous existing titles and regulations until the regulation referred to in Article 8 of the Act is developed when they are not incompatible with the conditions which, in accordance with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services, may be associated with an authorisation general.

In the case of individual licences granted with a limitation of number, the conditions attached to the extinct licence shall be understood as affecting the demanial concession resulting from the processing provided for in paragraph 8.d of this Article. transient arrangement.

As long as Title II of this Law is not developed, those natural or legal persons who, by meeting the requirements laid down in Article 6 of this Law, notify the Market Committee of the Telecommunications their intention to provide services or to operate electronic communications networks, or have applied for an authorisation or licence under the previous regime without having obtained the corresponding title, may initiate the provision of the activity in the terms laid down in the previous rules, in so far as it does not object to this law.

(b) Current special registers of holders of general authorisations and individual licence holders and, in general, all those containing entries of any other title or holders of ratings for the provision of telecommunications services which are extinguished as a result of the entry into force of this law will continue to be carried out in the terms indicated in the following paragraph as long as the Register of Operators is not developed regulatorily refers to Article 7 of this law.

For the purposes set out in the preceding paragraph, all the entries contained in the current records shall be deemed to be the entries of natural or legal persons empowered to operate networks or to provide services of electronic communications, provided that they meet the requirements set out in Article 6 of this Act.

The Register of general authorization holders shall remain in force for the registration of natural or legal persons who submit notifications under Article 6 of this Law until the new registration of the new In addition, it shall incorporate the registration of natural or legal persons operating networks or providing electronic communications services which, in accordance with the previous rules, are not eligible for registration.

(c) Licences for self-provision with a demanial award of public radio domain shall be transformed into an administrative authorisation for the private use of radio public domain, maintaining the time limit of the duration of the title to which it is transformed. The competent authorities in the management of radio spectrum shall, on their own initiative, make the corresponding changes to the titles by cancelling the self-service licence.

To the concessions of carrier and final telecommunications or mobile telecommunications services pending to transform from those provided for in the first paragraph of the transitional provision, paragraph 6, of Law 11/1998, of 24 April, General of Telecommunications, it will be applicable to them in respect of the individual licenses of type B and C that maintain rights of occupation of public domain and private property and obligations of public service.

3. The current reference markets, the dominant operators in those markets and the obligations imposed by these operators will remain in force until, under the terms set out in Title II, the new Reference markets, companies with significant power in such markets and their obligations.

The Regulation on the development of the General Telecommunications Law currently in force with regard to interconnection and access to public networks and numbering will continue in force until the new rules are adopted. develop title II of this law.

Likewise, the laws and regulations, as well as the agreements of the Government's Delegation for Economic Affairs on the regulation and pricing of telecommunications services, will continue in The reference markets, operators with significant power in those markets and the obligations that apply in each of those markets to operators shall be fixed, in accordance with the terms laid down in the first subparagraph, until they are fixed. with significant power in them.

4. Both the National Numbering Plan for Telecommunications Services, approved by the Agreement of the Council of Ministers of 14 November 1997, and Royal Decree 225/1998 of 16 February, approving the Rules of Procedure The allocation and reserve of the numbering of the Telecommunications Market Committee, as well as the other existing numbering rules, shall remain in force as long as no new ones replacing them are issued.

5. Pending the adoption of the regulation to replace the current one in force with regard to universal service and other public service obligations, it will continue in force in so far as this law is not in accordance with the provisions of Article 37 (3) of the Treaty. Law 11/1998 of 24 April, General Telecommunications, as provided for in that regulation.

In particular, the regulation to replace the above should regulate the way the transition will take place in:

The designation of the operator or operators for the provision of universal service pursuant to the new procedures provided for in Article 23.

The application of the universal service concept of the General Telecommunications Law to the new concept of Article 22.

In any case, the rules laid down under the General Telecommunications Law governing the rights of consumers and users, the common infrastructure of the European Union, will remain in force until the adoption of the new regulation. telecommunications, as well as the other regulatory provisions under Title III of that law.

6 In relation to the rights of occupation of public or private property, from the entry into force of this law, the provisions of this law shall be fully applied and, for those purposes, the administrations referred to in the Chapter II of Title III may not establish the refusal of rights of occupation of the public or private domain, but in the application of the rules referred to in that Chapter which they have approved.

In addition, the Telecommunications Market Commission must have put the system provided for in Article 31 into operation within that period.

7. The rules currently in force in the areas covered by Title IV of this Law will continue in force.

8. In relation to the rules in force before the entry into force of this law on the use of radio public domain, the following shall apply:

(a) The rules in force on the radio public domain at the time of the adoption of this law, both the regulations and the plans for the allocation of frequencies, will continue in force, with the provisos set in the following paragraphs.

(b) The special use of the radio public domain will continue to be governed by the regulations in force at the time of publication of this law in all that it does not object to it. In particular, as regards the use of the radio spectrum for the bands assigned to radio amateurs and the citizens ' band, the existing enabling titles, which may be granted, shall remain valid in the same conditions, new titles as long as the rules that replace the currently in force are not dictated.

Special use authorizations for the radio public domain, once the validity period of the granted before the entry into force of this law is complete, will be transformed into the corresponding title under the conditions provided for in Title V.

(c) The right to the private use of the public radio domain without limitation of number shall be transformed as follows:

The right of private use of radio public domain for self-provision will be transformed into administrative authorization of the right of private use, maintaining validity, for these purposes, the granting of the demanial concession affects an individual licence until the end of the period for which it was granted, with the same rights and obligations, in so far as it does not object to this law. For such purposes, such a demanial concession shall be deemed to be independent of any individual licence.

Concessions for the private use of the public radio domain without limitation of number for the provision of services to third parties will continue to remain valid in the terms in which they are currently granted.

(d) Enabling securities for the exercise of the right of private use of radio public domain with limitation of number shall continue to remain valid in the terms in which they are currently granted, until such time as the regulation referred to in Article 44 is adopted, and subsequently be converted into a demanial concession in the terms laid down in that Regulation.

9. With regard to telecommunications charges, and pending the adoption and entry into force of Title VII implementing rules, the existing provisions establishing both the fees and their procedures for the implementation of Title VII will continue to apply. recovery in the field of telecommunications, without prejudice to the provisions of the fifth transitional provision of this law and its Annex I.

Notwithstanding the above paragraph, until the standards for the development of Title VII are approved and entered into force, the following rates shall remain in force:

(a) The fee for the special use of radio broadcasting, as provided for in Article 73.4 of Law 11/1998 of 24 April, General Telecommunications.

b) The concept of the rate of Article 74 of Law 11/1998, of 24 April, General of Telecommunications, established by the processing and granting of individual licenses for the use of networks and services self-service.

On the contrary, until the standards for the development of Title VII are approved and entered into force, the following concepts of the fees provided for in paragraph 4 of Annex I to this Law shall not be required:

(a) The concept concerning the fee for the processing of authorisations for the special use of radio public domain, and

(b) The concept of the fee for the processing of authorisations or demanial concessions for the private use of radio public domain.

The voluntary management and collection powers conferred by this law on the State Radiocommunications Agency will be exercised by the currently competent bodies of the Ministry of Science and Technology until the effective establishment of the State Radiocommunications Agency does not take place, in accordance with Article 47 (13) of this Law, and the rules for the development of Title VII relating to the following shall be adopted and entered into force. Rates affected.

The references made in the law of development of Law 11/1998, of April 24, General of Telecommunications, to the types of infractions foreseen in that law will be understood to be made to their equivalents of this law.

10. Proceedings initiated before the entry into force of this law will continue to be dealt with in accordance with the rules previously in force until the relevant regulatory provisions have been adopted; on that date they must continue the ongoing procedures, in accordance with the provisions of this law, and in particular the provisions of the above paragraphs, in order to validate, where appropriate, the actions already taken.

Second transient disposition. Provision of universal service.

During the transitional period provided for in paragraph 5 of the first transitional provision, the provision of the universal service in the field defined by Law 11/1998 of 24 April, General Telecommunications, will continue corresponding to Telefónica de España, S.A.U. Once the regulation provided for in that paragraph has been approved, the provisions of this paragraph shall be made.

Transitional provision third. Pricing.

During the transitional period provided for in paragraph 3 of the first transitional provision, the Government's Delegation for Economic Affairs, prior to the report of the Telecommunications Market Committee, may fix, transiently, fixed, maximum and minimum prices, or the criteria for fixing them and the mechanisms for their control, in the light of the actual costs of the provision of the service and the degree of competition of operators on the market. In order to determine the degree of concurrency, the situation of each of the different services will be analyzed, in such a way as to guarantee the concurrency, the control of the situations of abuse of dominant position and the access to those of all citizens at affordable prices.

For these purposes, operators operating networks or providing services will be obliged to provide detailed information on their costs, taking into account the criteria and conditions laid down in regulation. In any event, such information shall be relevant for the purposes of price regulation and shall also be provided with a report of conformity issued by an independent audit firm.

Transitional disposition fourth. Provision of certain services referred to in Article 25.

As long as the provisions of Article 25 of this Law are not applicable, the State Correos and Telegrafos, S. A., will directly provide telex, telegraphic and other services of similar characteristics to the with regard to Article 25.2 of this Act, where appropriate, in accordance with the rules laid down in paragraph 3 of that Article.

Also, the General Directorate of the Merchant Navy is entrusted with the provision of the safety services of human life at sea subsumibles under Article 25.1.

Transient disposition fifth. Transitional arrangements for the fixing of the fees set out in Annex I to this Act.

Until they are fixed, in accordance with the provisions of the specific legislation on public property taxes and benefits, the values referred to in paragraphs 1, 2, 3 and 4 of Annex I to this Act, The following will apply:

The amount of the annual fee which, in accordance with paragraph 1, operators must satisfy for the provision of services to third parties shall be the result of applying the rate of 1,5 per thousand to the gross operating income figure to get those.

The value of each number for the fixing of the numbering rate, as referred to in paragraph 2, shall be EUR 0,03

Until the amount of the rate per reserve of the radio public domain referred to in paragraph 3 is fixed, it shall continue to apply as set out in the corresponding State General Budget Law.

The minimum amount to be entered as the rate per reserve of the radio public domain, as provided for in paragraph 3.3 of Annex I, is initially set at EUR 100.

The authorisations for the special use of the radio public domain transformed in accordance with paragraph ocho.b) of the first transitional provision shall not be subject to the payment of the fee per reserve for that domain.

Until the amounts of the fee provided for in paragraph 4 are fixed, the following shall apply:

(a) For the issue of registration certificates and technical project presentation and the installation certificate or bulletin, EUR 37.

b) For the issue of certification of compliance with technical specifications, 292 euros.

(c) For each inspection or technical check carried out, 307 euro.

(d) For the processing of the authorisation or demanial concession for the proprietary use of the public radio domain, EUR 62.

e) For the processing of the authorisation of special use of the radio public domain, 180 euros per fan station, and 100 euros per citizen band station.

f) By submitting to the examinations for obtaining the diploma of operator of fan stations, 20 euros.

g) For the issuance of the amateur station operator diploma, 12 euros.

h) By enrollment in the installers registry, 91 euros.

i) For the application and issuance of the technical opinion for the conformity assessment of telecommunications equipment and apparatus, EUR 301.

As of the entry into force of this law, the reservation for the private use of any frequency of the radio public domain will be subject to the rate per reserve of the radio public domain according to the regulation established in it, irrespective of the time at which the qualifying titles were awarded and entitled to such a reservation and the duration of the reservation.

Transitional disposition sixth. Transitional arrangements for the obligations in respect of television.

1. The provisions on the guarantee scheme for the coverage of television services, currently established in the Order of 9 March 2000, which is approved by the Implementing Regulation, will continue to apply. of Law 11/1998, of 24 April, General of Telecommunications, regarding the use of the radio public domain, until they are maintained, modified or eliminated through the procedure of fixing of markets of reference and power significant on the market with obligations to operators designated as set out in this law or impose, where appropriate, the corresponding public service obligations.

2. The obligations contained in Law 17/1997 of 3 May, incorporating into Spanish law Directive 95 /47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards, shall also continue to apply. for the transmission of television signals and additional measures are approved for the liberalisation of the sector, as amended by Royal Decree Law 16/1997 of 13 September, until such time as paragraphs 1 and 2 of the Additional provision seventh of this law.

The provisions of the above two paragraphs do not prejudice the possibility of transforming the obligations referred to in them into other public service obligations under Article 25 of this Law.

3. In addition, the transmission obligations laid down in Article 11 (1) (e), (f) and (g) of Law No 42/1995 of 22 December 1995 on Cable Telecommunications shall continue to apply until they are abolished, amend or replace in accordance with paragraph 4 of the seventh additional provision of this law.

Transitional disposition seventh. Presentation of cost accounting.

During the transitional period provided for in paragraph 3 of the first transitional provision, the following shall apply:

(a) Operators who provide the available telephone service to the fixed public or leased lines, which have the status of significant market power, shall submit to the Ministries of Economics and Science and Technology and the Telecommunications Market Committee, before 31 July each year, the results of the cost accounting system of the last financial year and the immediately preceding one, corresponding to the business areas of fixed telephone services, of susceptible lines of leasing and access and interconnection, provided in the Spanish territory, as well as the provision of the universal telecommunications service, with the degree of detail which allows the total and unit costs of each of the services, in accordance with the principles, criteria and conditions for the development of the cost accounting system approved by that Commission.

(b) Furthermore, operators who, not having the consideration of operators with significant market power, have obligations for the provision of the universal electronic communications service will present the results of the cost accounting system for the provision of this service, under the same conditions and dates referred to in the preceding paragraph.

(c) Automatic mobile operators having the status of operators with significant power in the national market for access and interconnection shall submit to the Ministries of Economics and Science and Technology and to the Commission of the Telecommunications Market, before 31 July of each year, the states of costs which justify the prices of access and interconnection in accordance with the principles, criteria and conditions for the development of the cost accounting approved by the Commission. These cost statements shall be those for the last financial year closed and the immediately preceding year and shall be audited externally.

The analysis of these costs for the purposes of the preceding paragraphs, as well as their impact on the sectoral structure, will be carried out by the Ministries of Economics and Science and Technology, with the assistance of the Commission. of the Telecommunications Market.

Transient disposition octave. Powers of the Telecommunications Market Committee in the field of promoting competition in the markets for audiovisual services.

The Commission of the Telecommunications Market will continue to exercise its functions in terms of promoting competition in the audiovisual services markets attributed to it by Law 12/1997 of 24 April, of Liberalization (a) the Telecommunications, as provided for therein, as long as the new legislation in the audiovisual sector does not enter into force.

transient disposition ninth. Resolution of sanctioning procedures for unauthorized shipping of commercial communications by email initiated prior to the entry into force of this law.

The Secretary of State for Telecommunications and the Information Society of the Ministry of Science and Technology will be able to resolve in accordance with the current regulations of the Law on Information Society Services and Electronic commerce at the entry into force of this law, the sanctioning procedures for the unauthorized dispatch of commercial communications by electronic mail or equivalent electronic means of electronic communication initiated under the law, that they would not have concluded the entry into force of this law.

Transient disposition tenth. The system of cable broadcasting services.

The enabling titles granted for radio and cable television broadcasting services and those in the process of granting under the Law 42/1995, of December 22, of Telecommunications by Cable, shall immediately transform the Telecommunications Market Committee into the relevant administrative authorisation. If the territorial scope of action of the service does not exceed that corresponding to an autonomous community, the Telecommunications Market Commission shall communicate to the competent authority of the autonomous community the transformation in authorization. administrative.

Until the regulation referred to in the additional provision of this law is adopted, the authorizations resulting from the processing provided for in the preceding paragraph shall apply to them Articles 10.1, 10.2 and 12 of Law 42/1995, of December 22, of Telecommunications by Cable.

By way of derogation from the 10th additional provision, no new authorisations for the provision of cable broadcasting services shall be granted before 31 December 2009, unless the Government has taken effect from 31 December 2009. December 2005, after reasoned opinion of the Telecommunications Market Committee regarding the overall situation of extension of the cable networks, it is considered appropriate to modify the term.

Due to the term referred to in the previous article, the granting of the authorizations shall be carried out in accordance with the rules laid down by regulation. It shall lay down the conditions for the provision of the service, which shall apply both to the holders provided for in the preceding paragraph and to those who obtain the authorisations referred to therein.

Without prejudice to the above paragraphs, new authorisations may be granted for the provision of cable broadcasting services before the date referred to, once the regulation has entered into force. provided for by the additional provision, tenth, within the scope of the territorial demarcations set out in accordance with Law 42/1995 of 22 December 1995 on Telecommunications by Cable, in which the invitations to tender have been deserted under their protection.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of this law, the following provisions are hereby repealed:

a) Law 12/1997, of April 24, of Liberalization of Telecommunications.

(b) Law 11/1998 of 24 April, General Telecommunications, except its fifth, sixth and seventh additional provisions, and its transitional provisions sixth, seventh and twelfth.

(c) Law 17/1997 of 3 May, incorporating into Spanish law Directive 95 /47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals and approve additional measures for the liberalisation of the sector, as amended by Royal Decree Law 16/1997 of 13 September.

(d) Royal Decree 16/1999 of 15 October adopting measures to combat inflation and to facilitate a higher degree of competition in telecommunications, with the exception of Article 6 thereof.

e) Chapter I of Royal Decree Law 7/2000, of 23 June, of Urgent Measures in the Telecommunications Sector.

(f) The additional twenty-third provision of Law 14/2000 of December 29, of fiscal, administrative and social order measures.

(g) Law 42/1995 of 22 December 1995 of Telecommunications by Cable, without prejudice to the provisions of the sixth and tenth transitional provisions of this Law.

(h) Likewise, any other provisions of equal or lower rank shall be repealed as opposed to the provisions of this law.

Final disposition first. Amendment of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce.

One. Article 21 of Law 34/2002, of 11 July, of Services of the Information Society and Electronic Commerce is amended, which is worded in the following terms:

" Article 21. Prohibition of commercial communications by electronic mail or equivalent electronic means of communication.

1. The sending of advertising or promotional communications by e-mail or other equivalent electronic means of communication which has not previously been requested or expressly authorised by the addressees of the same.

2. The provisions of the preceding paragraph shall not apply where there is a prior contractual relationship, provided that the provider has lawfully obtained the contact details of the consignee and shall use them for the sending of communications. trade in products or services of your own company that are similar to those that were initially the subject of procurement with the customer.

In any event, the provider must provide the addressee with the possibility of opposing the processing of his data for promotional purposes by means of a simple and free procedure, both at the time of collection of the data and in each of the commercial communications you are directed to. "

Two. Article 22 of the Law on Information Society and Electronic Commerce Services is amended, with the following wording:

" Article 22. Rights of service recipients.

1. The addressee may at any time revoke the consent given to the receipt of commercial communications with the simple notification of his will to the sender.

To this end, service providers must enable simple and free procedures so that the recipients of services can revoke the consent they have provided.

They should also provide information accessible by electronic means on such procedures.

2. Where service providers use data storage and retrieval devices on terminal equipment, they shall inform the addressees in a clear and complete manner of their use and purpose, offering them the possibility to refuse the processing of data by means of a simple and free procedure.

This shall not prevent the possible storage or access to data for the purposes of technically making or facilitating the transmission of a communication by an electronic communications network or, to the extent that it is strictly necessary, for the provision of a service of the company of the information expressly requested by the addressee. "

Three. Article 38.3.b of the Law on Information Society and Electronic Commerce Services is amended, which is worded as follows:

" (b) Mass sending of commercial communications by e-mail or other equivalent electronic means of communication, to recipients who have not authorized their referral or have objected to it or the shipment, within a period of time. year, of more than three commercial communications by the means referred to by the same recipient, where the same recipient has not requested or authorised his or her referral or has objected to it. "

Four. Article 38.4 (d) of the Law on Information Society and Electronic Commerce Services is amended, which is worded as follows:

" (d) The sending of commercial communications by e-mail or other electronic means of communication equivalent to recipients who have not authorised their referral or have objected to it, where it does not constitute an infringement severe. "

Five. Article 43.1 of the Law on Information Society and Electronic Commerce Services is amended to read as follows:

" 1. The imposition of penalties for failure to comply with this law will, in the case of very serious infringements, correspond to the Minister of Science and Technology and in the case of serious and minor infringements, the Secretary of State for Telecommunications and for the Information Society.

notwithstanding the foregoing, the imposition of penalties for failure to comply with the decisions given by the competent bodies in the light of the relevant matter or entity referred to in paragraphs (a) and (b) of the Article 38.2 of this law shall correspond to the body which issued the unfulfilled decision. It shall also be the responsibility of the Data Protection Agency to impose penalties for the commission of the offences referred to in Articles 38.3.b) and 38.4.d) of this Act. "

Six. An additional sixth provision is added to the Law on Information Society and Electronic Commerce Services, with the following wording:

" Additional disposal sixth. Promotion of the Information Society.

The Ministry of Science and Technology as the Department of the General Administration of the State responsible for the proposal to the Government and the implementation of the policies aimed at promoting the development in Spain of the Society of The Information, the generation of national added value and the consolidation of a solid and efficient national industry of products, services and contents of the Information Society, will present to the Government for its approval and to the Cortes General a four-year plan for the development of the Information Society and convergence with Europe with measurable objectives, structured around concrete actions, with effective monitoring mechanisms, which addresses in a balanced way all the fronts of action, contemplating different horizons of maturation of the initiatives and ensuring the cooperation and coordination of all public administrations.

This plan will also set out the objectives, actions, resources and the progress of the convergence process with the countries of our community environment in line with the decisions and recommendations of the Union. European.

In this sense, the plan must:

Strongly strengthen training and education initiatives in information technologies to extend their use; especially in the field of education, culture, business management, and electronic commerce. and healing.

Deepen the implementation of government and electronic administration by increasing the level of citizen participation and improving the efficiency of public administrations. "

Final disposition second. Constitutional foundation.

This law is issued under the exclusive state competence in the field of telecommunications, as provided for in Article 149.1.21. of the Constitution, except for the additional provision of the tenth and the eighth and transitional provisions (a) tenth, which is given under the State competence in the field of social media, provided for in Article 149.1.27. of the Constitution.

Final disposition third. Development competencies.

The Government and the Minister of Science and Technology, in accordance with the provisions of this law and within the scope of their respective powers, may lay down regulatory standards requiring the development and implementation of this law. law.

Final disposition fourth. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 3 November 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ

ANNEX I

Telecommunications Rates

1. Overall rate of operators

Without prejudice to the economic contribution which may be imposed on operators for the financing of the universal service, in accordance with Article 24 and Title III, any operator shall be obliged to satisfy to the General Administration of the State and its public bodies an annual fee which may not exceed two per thousand of its gross operating income and which shall be intended to cover the costs incurred, including management, control and enforcement, by the application of the legal regime established in this law, by the authorities national regulatory authorities referred to in Article 46.

For the purposes of the above paragraph, gross receipts shall mean the set of revenues obtained by the operator arising from the operation of the networks and the provision of electronic communications services. included in the scope of this law. For such purposes, they shall not be regarded as gross receipts for services provided by an operator whose amount is collected from users in order to remunerate the services of operators operating networks or providing services of electronic communications.

The rate will become due on December 31 of each year. However, if the operator is responsible for the loss of the rating to act as such on the date before 31 December, the fee shall be payable on the date on which this event occurs.

For the purposes of the preceding paragraph, the General Budget Law of the State shall establish annually the percentage to be applied to the gross operating income obtained by the operator, with the limit determined in this paragraph for the fixing of the fee amount, taking into account the ratio between the revenue from the charge and the costs incurred in the operation of the Telecommunications Market Committee.

The difference between the income budgeted for this concept and the actual income will be taken into account for the purpose of reducing or increasing the percentage to be set in the General Budget Law of the following year. The objective shall be to achieve a balance between the revenue from the levy and the costs arising from the activity carried out by the Telecommunications Market Committee.

However, if the percentage in the General Budget Law of the State is reduced to the limit of 1.5 per thousand of gross income, the surplus between income and expenditure, if any, will be paid by the Commission. of the Telecommunications Market at the State Radiocommunications Agency, within the time limits and conditions to be laid down in regulation, taking into account their financing needs.

2. Rates by telephone numbers

1. It is the taxable fact of the fee for the allocation by the Telecommunications Market Commission of numbering or numbers blocks in favour of one or more persons or entities.

It shall be taxable persons of the natural or legal persons to whom the numbering blocks or numbers are assigned.

The rate shall be due on 1 January of each year, except for the initial period, which shall be due on the date of the allocation of numbering or number blocks.

The procedure for your levy will be established by regulation. The amount of such levy shall be the result of multiplying the number of numbers allocated by the value given to each number.

The value of each number may be different, depending on the number of digits and the various services to which it will affect and be fixed annually in the General Budget Law of the State.

For the purposes of this rate, it is understood that all numbers are formed by nine digits. Where numbers with fewer digits are assigned, for the purposes of calculating the amount to be paid in the fee concept, all nine-digit numbers which can be formed shall be deemed to be allocated as an initial part of the These are the assigned number.

2. By way of derogation from the preceding heading, the market value of the use of the assigned number and the profitability of the person or entity may be taken into account in the fixing of the amount to be satisfied by this fee. beneficiary, in accordance with Article 17 (4).

In this case, in the cases of exceptional character in the national telephone numbering plan or its development provisions and in the terms set out in that plan, on the basis of the special value of the market for the use of certain numbers, the annual amount may be replaced by a tendering procedure in which an initial reference value and the duration of the allocation shall be fixed. If the award value of the tender results in excess of that reference value, that value shall be the amount of the fee.

3. The amount of the numbering fee shall be refunded in proportion, where the allocation of the numbering resources is cancelled at the request of the person concerned, during the corresponding annual financial year. To do so, the regulatory procedure will be followed.

4. The amount of income earned by this fee shall be entered into the Treasury and shall be used for the financing of the expenditure supported by the General Administration of the State in the management, control and execution of the legal system established in this law.

3. Rate by reservation of radio public domain

1. The reservation for the private use of any frequency of the radio public domain in favour of one or more persons or entities shall be taxed at an annual fee, in the terms set out in this paragraph.

For the fixing of the amount to be met by this fee for the obligated subjects, the market value of the use of the reserved frequency and the profitability that the beneficiary may obtain shall be taken into account.

For the determination of the said market value and the possible profitability obtained by the beneficiary of the reserve, the following parameters shall be taken into account, inter alia:

(a) The degree of use and congestion of the different bands and in the different geographical areas.

(b) The type of service for which the reservation is intended to be used, and in particular whether the reservation is carried out by the public service obligations set out in Title III.

c) The band or subband of the spectrum to be reserved.

d) The equipment and technology used.

e) The economic value derived from the use or use of the reserved public domain.

2. The amount to be met by this fee will be the result of dividing by the conversion rate referred to in Law 46/1998, of 17 December, on the introduction of the euro, the result of multiplying the amount of reserve units radio of the public domain reserved by the value assigned to the unit. In the island territories, the area to be applied for the calculation of the radio units used for the determination of the corresponding fee shall be calculated by excluding the unsolicited coverage which is extended over the area maritime. For the purposes of this paragraph, a conventional measuring pattern, referred to the potential or actual occupancy, during the one-year period, of a bandwidth of a kilohertium over a year, is defined as a radio reserve unit. territory of one square kilometre.

3. The quantification of the above parameters will be determined by the State General Budget Law. The reduction of the parameter referred to in paragraph (b) under heading 1 of this paragraph of the rate per radio public domain reserve shall be 75% of the value of that coefficient for electronic communications networks and services. that they carry out public service obligations in Articles 22 and 25 (1) and (2) of this Law or for the public domain for the provision of public services in direct or indirect management by way of administrative concession.

Also, in the law referred to in the preceding paragraph, it shall be fixed:

(a) The formula for the calculation of the number of radio reserve units of the various radio services.

b) The types of radio services.

(c) The minimum amount to be entered as a fee per reserve of the public radio domain.

4. The fee shall be paid by the holder of the radio public domain reservation. Only receiving stations which do not have a radio-electric reserve shall be excluded from the payment of the fee. The amount of the levy will be entered into the Treasury.

5. The amount of the fee shall be met annually. The day of the granting of the enabling title for the use of demanium and, subsequently, the day 1 January of each year shall be payable.

6. The levy procedure shall be established by regulatory standard. The non-payment of the fee may result in the suspension or loss of the right to the occupation of the public radio domain.

7. Public administrations shall be exempt from the payment of this fee in the case of a frequency reserve of the public radio domain for the provision of compulsory services of general interest without direct economic consideration or indirect taxes, such as taxes, public or private prices, or other income derived from such benefit, such as advertising revenue. To this end, they must, on the basis of that exemption, apply to the Ministry of Science and Technology. They shall not be subject to payment of the downstream satellite broadcasting links, both sound and television.

4. Telecommunications charges

1. Precise management for the issue of registration certificates and the presentation of a technical project and of the certificate or bulletin of installation which will cover the common telecommunications infrastructures in the interior of buildings, compliance with the technical specifications for telecommunications equipment and apparatus, as well as the issuing of technical opinions for the assessment of the conformity of these equipment and apparatus, the registration of the installation of telecommunications, inspection or technical verification activities which, on a compulsory basis, are established in this law or in other provisions with legal status, the processing of authorisations or demanial concessions for the private use of the radio public domain and the processing of authorizations for special use of the said they shall be entitled to the levy of the cost of the cost of the necessary formalities and actions, in accordance with the provisions set out in the following paragraphs.

In addition, it shall be entitled to the levy of the corresponding compensatory charges, in accordance with the following paragraphs, for the conduct of the examinations for obtaining the diploma of operator of the radio amateurs and the expedition of this.

2. It is the taxable fact of the fee for the provision by the Administration of the necessary services for the granting of the corresponding certificates, the issue of technical opinions, the registration of the installers (a) the provision of information to the public authorities for the use of radio and television, and for the processing of technical checks or inspections, as well as the processing of authorisations or demanial concessions for the private use of radio and radio. processing of authorisations for special use of public radio broadcasting conduct of the examinations of operators of amateur stations and the issue of the corresponding diplomas.

3. The taxable person shall be liable for the fee, depending on the circumstances, for the natural or legal person applying for the relevant certification or technical assessment opinion, the corresponding registration in the register of telecommunications installers, (a) to which it is appropriate to carry out the inspection of a compulsory nature or request the processing of authorisations or demanial concessions for the private use of the public radio domain or the processing of authorisations for use; (i) special attention to the public radio domain, and the one to be submitted to the examinations for obtaining the title of operator of fan stations to which the corresponding diploma is issued.

4. The amount of the levy shall be established in the General Budget Law of the State. The fee shall be payable at the time of the application. The rate yield shall be entered in the Public Treasury or, where appropriate, in the bank accounts authorized for that purpose by the Telecommunications Market Commission or the State Radiocommunications Agency in the Member States. the terms provided for in Articles 47 and 48 of this Law, in the form which it is regulated. Similarly, the form of the rate settlement shall be established.

Testing or testing to verify compliance with technical specifications shall be considered to be publicly priced when those tests may be carried out by the person concerned, optionally, in centres dependent on the Administration of any Member State of the European Union, of the Spanish Administration or in private or other institutions, where such evidence is requested by the person concerned on a voluntary basis without being obliged to do so by the rules in force.

5. Purpose of the fees, their management and collection on a voluntary basis, by the Telecommunications Market Commission, by the State Radiocommunications Agency and by the Ministry of Science and Technology.

1. For the purposes of Article 49 (5), the Commission of the Telecommunications Market and the State Radiocommunications Agency shall submit, in accordance with the terms laid down in the Rules of Procedure, an annual account of the the revenue generated by the fees they collect, under the revenue management competence granted to them by the following paragraphs of this paragraph. The difference, where appropriate, between the revenue obtained from the general charge of operators and the costs incurred in the exercise of their activities shall be entered by the Commission of the Telecommunications Market at the State Agency. Radio communications in accordance with the provisions of paragraph 1 of Annex I to this Act.

2. The Telecommunications Market Commission shall manage and collect the fees on a voluntary basis, as referred to in paragraphs 1 and 2 of this Annex, as well as those in paragraph 4 of that Annex which are levied for the provision of services. which the Commission has entrusted to it, in accordance with the provisions of this Law.

The State Radiocommunications Agency shall, on a voluntary basis, manage the fee referred to in paragraph 3, and shall manage and collect the fees provided for in paragraph 4 on a voluntary basis when they are collected for the provision of the services entrusted to it by the Agency, in accordance with the provisions of this law.

3. In the cases not covered by the preceding subparagraph, the voluntary period of these fees shall be the responsibility of the competent authority of the Ministry of Science and Technology.

ANNEX II

Definitions

1. Subscriber: any natural or legal person who has concluded a contract with a provider of electronic communications services available to the public for the provision of such services.

2. Access: the making available to another operator, under defined conditions and on an exclusive or non-exclusive basis, of resources or services for the purpose of providing electronic communications services. This term covers, inter alia, the following: access to network elements and associated resources which may require the connection of equipment by fixed and non-fixed means (in particular, this includes access to the local loop and resources and services necessary for the provision of services through the local loop); access to physical infrastructure such as buildings, ducts and masts; access to relevant computer systems, including operational support systems; access to conversion of the call number or systems with equivalent functionality; access to networks fixed and mobile, in particular for roaming purposes; access to conditional access systems for digital television services; access to virtual private network services.

3. Local loop or subscriber loop of the public telephone network: the physical circuit connecting the network termination point on the subscriber's premises to the main distribution network or equivalent installation of the public telephone network fixed.

4. Consumer: any natural or legal person using or requesting an electronic communications service available to the public for non-professional purposes.

5. Exclusive rights: rights granted to an undertaking by means of a legal, regulatory or administrative instrument which reserves the right to provide a service or to undertake a given activity in a specific geographical area.

6. Special rights: rights granted to a limited number of undertakings by means of a legal, regulatory or administrative instrument which, in a specific geographical area:

(a) Designate or limit, on the basis of criteria other than objectives, proportional and non-discriminatory, to two or more the number of such undertakings authorised to provide a service or to undertake a given activity, or (b) Trust to an undertaking or undertakings, in accordance with those criteria, legal or regulatory advantages which seriously hinder the ability of another undertaking to provide the same service or undertake the same activity in the same geographical area and under conditions basically similar.

7. Address: string or combination of figures and symbols that identifies the specific termination points of a connection and is used for routing.

8. Operator with significant market power: an operator who, individually or jointly with others, enjoys a position equivalent to a dominant position, that is, a position of economic strength that allows his/her behaviour to be, to a degree appreciable, independent of competitors, customers and, ultimately, consumers who are natural persons.

9. Advanced digital television equipment: decoders for connection to television sets or integrated digital television sets capable of receiving interactive digital television services.

10. Terminal equipment: equipment intended to be connected to a public electronic communications network, that is, to be connected directly to the termination points of that or to interoperate, through, in order to send, process or receive information.

11. Technical specification: the specification in a document defining the required characteristics of a product, such as the quality levels or the properties of its use, safety, dimensions, symbols, tests and test methods, packaging, marking, and labeling.

The rules applicable to the product as far as the terminology is concerned are included within that category.

12. Radio spectrum: radio waves at frequencies between 9 KHz and 3000 GHz; radio waves are electromagnetic waves propagated by space without artificial guidance.

13. Operation of an electronic communication network: the creation, use, control or making available of such a network.

14. Interconnection: the physical and logical connection of public communications networks used by one or the same operator in such a way that users of an operator can communicate with users of the same or different operator; or to access services provided by another operator. The services may be provided by interested parties or by third parties who have access to the network. Interconnection is a particular type of access between public network operators.

15. Application program interface (API): the software interface between external applications, made available by broadcast operators or service providers, and the resources of advanced digital television equipment for the radio and digital television services.

16. Harmful interference: any interference which poses a risk to the operation of a radionavigation service or other security services, or which degenerates or severely obstructs or repeatedly interrupts a service radio communication operating in accordance with the applicable Community or national rules.

17. Name: A combination of characters (numbers, letters, or symbols).

18. Number: decimal number string.

19. Geographical number: the number identified in the national numbering plan which contains, in part of its structure, a geographical meaning used for the routing of calls to the physical location of the network termination point.

20. Non-geographic numbers: the numbers identified in the national numbering plan that are not geographic numbers. They shall include, inter alia, mobile phone numbers, free call numbers and additional charging numbers.

21. Operator: a natural or legal person who exploits public electronic communications networks or provides publicly available electronic communications services and has notified the Telecommunications Market Commission of the initiation of its activity.

22. Network termination point: the physical point at which the subscriber accesses a public communications network. In the case of networks in which switching or routing operations occur, the network termination point shall be identified by a specific network address, which may be linked to the number or name of a network. subscriber.

The network termination point is the one in which the network and service operators ' obligations are terminated and the terminal equipment can be connected, if any.

23. Radio communication: any telecommunication transmitted via radio waves.

24. Associated resources: those systems, devices or other resources associated with an electronic communications network or with an electronic communications service that enable or support the provision of services through such a network or service; include conditional access systems and electronic program guides.

25. Electronic communications network: transmission systems and, where appropriate, switching or routing equipment and other resources enabling the transport of signals via cables, hertzian waves, optical means or other means electromagnetic, including satellite networks, fixed terrestrial networks (circuit and packet switching, including the internet) and mobile networks, electrical laying systems, in so far as they are used for the transmission of signals, networks used for radio and television broadcasting and cable television networks, with independence of the type of information transported.

26. Public communications network: an electronic communications network which is used, in whole or in particular, for the provision of electronic communications services available to the public.

27. Public telephone network: an electronic communication network used for the provision of publicly available telephone services. It supports the transfer, between network termination points, of voice communications, as well as other types of communications, such as fax and data transmission.

28. Electronic communications service: the provision of services in general in exchange for a remuneration which consists, in whole or in particular, in the transport of signals through electronic communications networks, including services for telecommunications and transmission services in the networks used for broadcasting, but not for services which supply content transmitted by electronic communications networks and services or activities consisting of: in the exercise of editorial control over such content; they are excluded, also, the information society services defined in Article 1 of Directive 98 /34/EC which do not consist, in whole or in particular, in the transport of signals through electronic communications networks.

29. Television service of wide format: the television service constituted, in whole or in part, by programs produced and edited for presentation in full width format. The ratio of dimensions 16: 9 is the reference format for television services of this type.

30. Telephone service available to the public: the service available to the public through one or more numbers of a national or international telephone numbering plan, to carry out and receive national and international calls and access to the public emergency services, which may include, where appropriate, the provision of operator assistance, the information services on subscriber numbers, guides, the offer of public telephones for payment, the provision of services under special conditions, the offer of special facilities to customers with disability or with special social needs and the provision of non-geographical services.

31. Conditional access system: any technical measure or technical mechanism that conditions access in intelligible form to a protected radio or television broadcasting service for the payment of a fee or other form of prior individual authorisation.

32. Telecommunications: any transmission, emission or reception of signs, signals, writings, images, sounds or information of any kind by wire, radio, optical or other electromagnetic systems.

33. Public telephone for payment: a telephone accessible to the general public and for the use of which it can be used as a means of payment of coins, credit/debit cards or prepaid cards, including cards using markup codes.

34. User: a natural or legal person who uses or requests an electronic communications service available to the public.

35. End-user: the user who does not exploit public communications networks or provides electronic communications services available to the public or resells them.

36. National Regulatory Authority: the Government, the ministerial departments, the higher bodies and the management and public bodies, which in accordance with this law exercise the powers provided for in this law.