The great growth of the telecommunications services available to the public with the entry into the market of new operators and service providers has as a counterpart the greatest difficulty of the users to identify the phone numbers to which their communications should be directed.

Telephone guides and specialized services in the provision of telephone information about subscriber numbers, or directory services, help to alleviate this problem and acquire particular relevance within a framework of full competence, as they contribute to the effective establishment of communications.

On the other hand, in addition to the development of telephone guides, directory services are also likely to be provided in competition, which brings additional benefits to users. However, in this case it is necessary to strike a balance between the interests of these, who wish to be able to access the consultation service on subscriber numbers by marking a simple code, and the interests of the suppliers, which require their own numbering to identify them on the market.

The ECTRA Committee (European Committee for Telecommunications Regulatory Affairs), which belongs to the European Conference of Posts and Telecommunications (CEPT), recommended that the authorities designate the code "118" to identify voice directory services, and that this numbering space is distributed in a non-discriminatory manner between its suppliers (CEPT/ECTRA Recommendation of 4 December 1997 on the numbering of directory voice services).

In order for directory services to be properly exploited, it is convenient to ensure that their suppliers have access to centralized information about subscriber numbers. In the case of Spain, the Telecommunications Market Commission is the body responsible for supplying entities wishing to draw up telephone guides to the data provided by the operators providing the available telephone service. to the public, as provided for in the Regulation implementing Title III of the General Telecommunications Law with regard to the Universal Telecommunications Service, to the other public service obligations and to the obligations of the public nature in the provision of services and in the operation of networks of telecommunications, approved by Royal Decree 1736/1998. Also, it should be possible for directory service providers to also access this information. For this purpose, as provided for in Article 67.1 of that Regulation, it is necessary for the Ministry of Public Works (current competition of the Ministry of Science and Technology) to determine the conditions for the recording of personal data which is strictly necessary to identify a particular subscriber.

By this Order, this last aspect is regulated and, in accordance with the guidelines of the ECTRA Committee, the code "118" is attributed to the telephone consultation service on subscriber numbers and the conditions for its provision in a framework of full competition between suppliers. Similarly, where it is necessary for suppliers to be able to access centralised information on subscriber numbers, Articles 14 and 67.1 of that Regulation are developed. Finally, the situation of the number '1003', corresponding to the information service which has been provided by the dominant operator of the fixed public telephone network, is regulated in such a way as to be compatible with the new framework of and can be used by all operators who provide access to their subscribers for one year from the date of entry into force of this Order. After this deadline, the code shall be released.

The National Numbering Plan for Telecommunications Services, approved by the Council of Ministers Agreement of 14 November 1997, reserves the short three-digit numbers of the "11X" series to be used when is recommended by European legislation, with numbers of four or more figures being attributed starting with "11" when there is no risk of error in marking or incorrect routing. It also sets out in point 1.4 that operators will be obliged to make the necessary changes in the systems they operate to deal with and route communications efficiently when the Ministry of Public Works (competition) The Ministry of Science and Technology (Ministry of Science and Technology) makes decisions on this plan, as well as when the number of public resources for numbering is made, and that the calls will be dealt with according to the nature of the services.

The Regulation for the development of Title II of the General Law on Telecommunications as regards interconnection and access to public networks and numbering, approved by Royal Decree 1651/1998 of 24 July 1998, validates the National Numbering Plan for Telecommunications Services and establishes, in Article 27, that the General Secretariat of Communications may issue the necessary resolutions for the development of the National Numbering.

Moreover, Article 11 of Law 11/1998 of 24 April, General of Telecommunications, provides that general authorizations are granted in a regulated and automatic manner, after taking over by the person concerned to be established by Order of the Minister for Public Works (the current Minister of Science and Technology) for each category of networks and services and after verification of compliance with the requirements to be determined in the same.

Finally, the Royal Decree 557/2000, of 27 April, of restructuring of the Departments of Ministeriales, grants to the Ministry of Science and Technology the competences until now attributed to the General Secretariat of Communications, from the Ministry of Public Works, except for the privileges corresponding to the Empresarial Empresarial Empresarial and Telegraphs.

This Order, which has taken into account for its elaboration the existing technical possibilities, has been submitted to the audience of the sector through the Permanent Commission of the Advisory Council of the Telecommunications and the Information Society.

Likewise, the mandatory report of the Telecommunications Market Commission has been evacuated, as provided for in article 1.d.2.j. of Law 12/1997, of April 24, of Liberalization of Telecommunications, as well as the report of the Agency for Data Protection, in accordance with Article 37.h) of the Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

This Order is issued under the exclusive State Telecommunications Competition, as provided for in Article 149.1.21. of the Constitution.

In its virtue, according to the State Council, I have:

CHAPTER I

General provisions

First. Object.

This Order has as its object:

1. The delimitation of personal data which may appear in printed or electronic telephone guides, as well as those which may be obtained through telephone consultation services, in accordance with the provisions of Article 67.1 Article 14 of the Regulation implementing Title III of the General Law on Telecommunications as regards the Universal Service of Telecommunications, other public service obligations and public obligations in the provision of services and in the operation of telecommunications networks, approved by Royal Decree 1736/1998 (hereinafter the Universal Service Regulation).

2. The establishment of the conditions for the provision of the telephone consultation service on subscriber numbers in a competitive framework.

3. Regulation of the provision of data on subscribers which operators are obliged to provide to the Telecommunications Market Commission, in order to ensure that, in accordance with Articles 67.1 and 14 of the Service Regulation Universal, it can be made available to entities that:

a) Elaborate telephone or electronic telephone guides.

b) Provide telephone consultation services on subscriber numbers, by type D general authorisation, through the codes that are regulated in Chapter IV of this Order.

(c) Provide emergency call services through the number 112, and other entities to be determined by the Secretary of State for Telecommunications and the Information Society for the provision of emergency call services to through short numbers.

Second. Scope of application.

Both the data which may appear in the printed or electronic telephone guides, such as the provision of the telephone consultation service on subscriber numbers, shall be understood as referring to the subscribers of the services of Telecommunications available to the public.

CHAPTER II

Managing the personal data of telecom service subscribers

Third. Protection of personal data.

1. Personal data which may be obtained through telephone and consultation services on subscriber numbers shall be limited to those which are strictly necessary to identify a particular subscriber. For this purpose, entities wishing to draw up telephone guides and providers of consultation services on subscriber numbers may only use, in their databases, the following information relating to each subscriber:

a) First and last names, or social reason;

b) Number (s) of subscriber (s);

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

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

2. However, in addition to the provisions of the previous point, the providers of the consultation services on subscriber numbers may use other personal data of the subscribers provided that they have given their unequivocal consent. For this purpose, it shall be understood that there is an unequivocal consent of a subscriber of a telecommunications service available to the public when it has been addressed to its operator or provider in writing requesting it to extend its personal data. which are listed in the directory or directory service, or the provider of the subscriber's number consultation service, asking you to extend your personal data on which information can be provided. It will also occur when the operator or supplier requests the subscriber for his/her consent and the latter responds to it in a timely manner within a month giving its consent.

3. The express consent of the subscribers of the mobile telephone service available to the public and the subscribers of the network intelligence services shall be required in order to be able to use the information referred to in point 1 of this paragraph.

In addition, when users are not the holders of a credit agreement, such as additional users to the contract holder, or owners of pre-payment cards for telecommunications services, only the same may be used. information when interested parties have expressed their wish to be included in the guides or in the consultation services on subscriber numbers. In the case of additional users to the contract holder, the prior consent of the contract holder shall be required.

4. The subscribers of the telecommunications services available to the public may require operators and suppliers to be excluded from telephone guides or telephone consultation services on subscriber numbers, which may be indicated as their personal data may not be used for direct sales purposes, which are omitted, totally or partially, your address or other personal data, or that the errors in your personal data are amended. For this purpose, it is understood that the claims made by the subscribers in relation to the telephone guides are extensible to the services of consultation on subscriber numbers, unless they demonstrate against them.

Operators providing the available telephone service to the public will specify in their respective credit agreements how they can exercise the right that is regulated at this point. For this purpose, the subscriber shall inform the operator of his/her request with accreditation of the receipt of such communication.

Operators and suppliers must provide the exclusion possibilities that this point refers to free of charge to subscribers.

5. The providers of the consultation services on subscriber numbers, and the telephone guides in electronic format, shall reject the consultations which enable the identity or the address of a subscriber to be obtained from his telephone number or other Subscriber identification resource.

CHAPTER III

Conditions for the provision of the telephone consultation service on subscriber numbers

Fourth. Description of the service.

1. The telephone consultation service on subscriber numbers consists in the transmission and driving of calls from the access to the public telephone networks to the corresponding call centres, as well as the supply, to the users of publicly available telephone service, voice information and, optionally, data relating to the subscriber numbers of this service.

2. Without prejudice to the provisions of paragraph 1 of this paragraph, and with the safeguarding of the protection of personal data referred to in the third paragraph, the telephone consultation service on subscriber numbers may be provide information on other identifying resources of subscribers of publicly available telecommunications services, such as email addresses or domain names. Similarly, information relating to the numbers of subscribers who are, or may appear under the legislation in force, may be provided in publications specialising in the dissemination of commercial data.

Fifth. Enabling titles.

1. For the provision of the telephone consultation service on subscriber numbers by using the numbering referred to in the thirteenth paragraph, a general authorisation type D shall be required.

2. Operators with a valid enabling title to provide the available telephone service to the public will be able to provide, to subscribers directly connected to their access networks, the telephone consultation service on subscriber via code "1003".

Sixth. Providing information to users.

The providers of telephone consultation services on subscriber numbers shall provide their users, at least the updated information, concerning the whole of the national territory, on the content of the guides Telephone calls included in the scope of the universal telecommunications service.

Seventh. Principle of non-discrimination.

The telephone consultation service on subscriber numbers shall be provided, in the terms provided for in this provision, on non-discriminatory terms with respect to subscriber numbers belonging to:

a) The various operators of the telephone service available to the public from any territorial scope and;

b) The various subscribers of the same telephone service operator available to the public.

Eighth. Special access and numbering of general authorisation holders type D.

1. For the provision of the telephone consultation service on subscriber numbers, the holders of public telephone networks with the consideration of the dominant position shall be responsible for the technically viable and duly justified requests of the holders of general D-type authorizations, with special access to their networks.

2. Disputes arising in connection with special access agreements between holders of general D-type authorisations and fixed telephone public network operators shall be settled by the Telecommunications Market Committee, of which: the provisions of the general rules on special access and interconnection.

3. Holders of general type D authorisations shall be entitled to obtain from the Telecommunications Market Commission the allocation of public numbering resources belonging to the rank assigned in the 13th paragraph.

Ninth. Establishment of prices, billing and collection of calls addressed to the telephone consultation service on subscriber numbers provided by entities holding type D general authorisations.

1. The contract for access to the telephone consultation service on subscriber numbers provided by the holders of general type D authorisations shall be understood to be improved by the acceptance of the calls by the users and the consequent service delivery.

2. The suppliers of the service referred to in point 1 of this paragraph shall freely determine the prices to be charged to the subscribers of the telephone service operators available to the public with whom they have special access agreements. to their networks, depending on the technical possibilities of these. These prices will be communicated, ten days in advance to their effective implementation, to the Consumer and User Council.Similarly, they will be given publicity to enable users to have an adequate knowledge of the price of the service.

3. Operators of public telephone networks which have the power to consider themselves to be dominant must include in special access offers to their networks, addressed to the service providers referred to in point 1 of this paragraph, a service of billing and collection of the prices they have established for their users. The invoicing and recovery service shall be entitled to an economic consideration which, in the case of fixed public telephone networks, shall be determined on the basis of the costs incurred in providing them. In any case, the generated invoices will indicate the name and telephone number of the supplier and the price of your service.

4. Providers of the service referred to in point 1 of this paragraph shall provide their users with the possibility of requesting an online information call on the price of the service online.

10th. Rights to obtain data relating to subscribers of the available telephone service to the public.

Type D general authorisation holders and operators who provide the telephone consultation service on subscriber numbers by using the number "1003" shall be entitled to obtain from the Market Committee of the Telecommunications, in the terms provided for in Chapter V of this Order, the updated data for the provision of that service.

11th. Provision of facilities that provide greater value added to the service.

The telephone consultation service on subscriber numbers will be able to incorporate facilities that provide greater value added to the service. However, when the call termination service is provided, understood as the telephone connection between the calling and calling ends, the provider must be in possession of the corresponding enabling title for the provision of the Telephone service available to the public, and should ensure that information on caller line identification transits in a transparent way from end to end.

CHAPTER IV

Attribution of public numbering resources to the telephone consultation service on subscriber numbers and the establishment of the particular conditions for the provision of the service

12th. Attribution of code "1003".

1. The code "1003" is attributed to the telephone consultation service on subscriber numbers of the public telephone network. This attribution shall be valid for a period of one year from the date of entry into force of this Order. After this deadline, the code shall be released and available for use as provided for in the National Numbering Plan for Telecommunications Services or its development provisions.

2. The code "1003" may be used to access the telephone consultation service on subscriber numbers offered by the operator providing access to the public telephone network, which may optionally provide additional information in the terms set out in point 2 of the fourth paragraph.

3. The telephone consultation service on the subscriber numbers of the public telephone network provided by the designated operator for the provision of the universal telecommunications service shall be made available to all operators who provide access to the public telephone network.

4. In any event, all users of the fixed telephone service available to the public will be able to access the consultation service provided by the designated operator for the provision of the universal service.

13th. Attribution of code "118".

1. The code "118", which corresponds to the first three figures of the national number NXY ABMCDU, is attributed to the telephone consultation service on telephone public network subscriber numbers.

2. The code '118' shall be followed by two digits. The resulting formats and their use shall be as follows:

numbering	AB Settings	Utilization
118 AB	AB=10, ..., 89	Competition Providers.
118 0B	B= 0, ..., 9	Reserve.
118 9B

3. The public numbering resources determined by the values of the AB figures from 10 to 89, both included, shall be allocated to the general authorisation holders type D.

4. The public numbering resources determined by the values of the figures AB between 00 and 09 and between 90 and 99 may be the subject of subsequent allocation on the basis of the needs identified.

5. The numbers belonging to the rank assigned in this paragraph shall be accessible from fixed public telephone networks whose operators are considered to be dominant. They may also be accessible from other telephone service operators ' networks available to the public.

CHAPTER V

Data to be provided by the operators to the Telecommunications Market Commission and data to be supplied by the Commission

14th. Data to be provided by the operators to the Telecommunications Market Commission.

1. Operators providing the available telephone service to the public shall provide the Telecommunications Market Commission, within the time limits and on the IT support it agrees with, with the following data from all its subscribers:

a) First and last names, or social reason;

b) Number (s) of subscriber (s);

c) Address postal address;

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

2. However, in addition to the provisions of the above point, operators providing the available telephone service to the public will also provide the Telecommunications Market Commission with other information in their possession of the subscribers provided that they have given their unequivocal consent. For these purposes, it is understood that there is an unequivocal consent of a subscriber when the subscriber is directed to the written operator asking him to expand his or her data contained in the directory or directory services. It will also occur when the operator requests the subscriber for his/her consent and the latter responds to him in a month's time giving his/her acceptance. The Telecommunications Market Committee may, in a reasoned opinion, define the provision of additional information as referred to in point 1 of this paragraph.

3. In addition, operators shall communicate to the Telecommunications Market Committee the subscribers of the mobile telephone service available to the public and subscribers of the network intelligence services which have expressly expressed their wish to appear in the telephone guides or directory services.

4. Operators providing the available telephone service to the public shall deliver to the Telecommunications Market Committee, at least on a monthly basis, the updated information referred to in points 1, 2 and 3 of this Regulation. paragraph, with a detailed indication of the data on which, as provided for in the third paragraph, the information cannot be reported.

5. In any event, and without prejudice to the provisions of the above points, the operators and suppliers of the telecommunications services may provide directly to the providers of the telephone consultation service on the numbers of the data on which information can be provided to the public, referred to in the third paragraph of this Order. This information will also be provided to the Telecommunications Market Committee, when it is agreed on the grounds of public utility and the safeguarding of the principles of effective competition, in order to facilitate them to the suppliers of the telephone consultation service on subscriber numbers.

15th. Data to be supplied by the Telecommunications Market Commission.

1. The Telecommunications Market Commission shall, upon request, provide the entities that are entitled to provide the telephone consultation service with the subscriber numbers with the updated information they may use on their basis data, as referred to in the third paragraph. It shall also provide entities which draw up telephone guides, including at least the data contained in the guide, within the scope of the universal telecommunications service, the information which may appear in them.

2. The Telecommunications Market Commission shall, upon request, provide the entities providing emergency call services through the number 112, and other entities to be determined by the Secretary of State for Telecommunications and for the Information Society for providing emergency call services through short numbers, the updated information referred to in point 1 of paragraph 14, in the format agreed between the parties. The data obtained shall be used exclusively as a support for the effective provision of emergency call services, with the responsibility of the institution providing for the appropriate use of the data, which shall be subject to the current legislation on the protection of personal data.

3. The free provision of the data to the parties concerned will involve exclusively the provision of the data to the recipients free of charge on the premises of the Telecommunications Market Commission, with all the other costs borne by the receiving entities.

4. The files which are created in connection with the provision of the telephone consultation service on subscriber numbers, or with the elaboration of the telephone guides, must be expressly set out in the Organic Law 15/1999, of 13 of December, the Protection of Personal Data and, in particular, the right of information contained in Article 5.

Additional disposition first. Data to be included in the telephone guide included in the scope of the universal telecommunications service, referred to in the Order of 21 December 2001, by the Ministry of Science and Technology, which covers various aspects of the universal telecommunications service.

1. Without prejudice to the provisions of point 3 of the third paragraph of this Order, the data on subscribers to be included in the telephone directory covered by the universal telecommunications service shall be as follows:

a) First and last names, or social reason;

b) Number (s) of subscriber (s);

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

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

2. The data shall be related in alphabetical order of the first name or social reason. After the first surname, the second name will be fully reflected, followed by a comma, your own name or your initials. Associated with each number shall also include the address of the subscriber, without specification of floor or letter and, where appropriate, an identifier of the type of terminal (normal telephone, fax, ISDN, video-conferencing, mobile telephony, text telephony for the deaf, etc.). the subscriber has clearly expressed his wish that it should be included. Subscribers may also require, through their operators, that the portal number be omitted from their address, and that their data may not be used for direct sales purposes.

Additional provision second. Modification of the Order of General Authorizations.

The following amendments are introduced in the Order of 22 September 1998, of the Ministry of Public Works, laying down the arrangements applicable to general authorisations for telecommunications services and networks and the conditions to be met by their holders:

I. The second paragraph of Article 2 takes the following wording:

" General authorisations shall not grant the right to the occupation of the public domain or private property or to obtain allocations of resources from the public numbering space, except in cases where it is the last right is expressly recognized in the Ministerial Orders that regulate each service, or in the National Numbering Plans or its development provisions. "

II. The following new point is added, renumbered as 4, in Article 3:

" 4. Type D general authorities:

Enable for the provision of the telephone consultation service on subscriber numbers, in the terms that you set your specific regulations. The enabling titles for the provision of the available telephone service to the public shall be deemed to include a general authorisation type D. "

III. The following new point is added, renumbered as 4, in Article 11:

" 4. Type D general authorities:

The conditions applicable to the general authorisations of type D shall be those laid down by the Order of the Ministry of Science and Technology laying down the conditions for the provision of the telephone consultation service. on subscriber numbers. "

First transient disposition. Data of the designated operator for the provision of the universal telecommunications service.

Within two months from the date of entry into force of this Order, and until the Telecommunications Market Commission makes available to the qualified entities information on subscriber numbers of all operators, the operator designated for the provision of the universal telecommunications service shall provide that Commission, at least on a monthly basis, with the updated information of its subscribers referred to in paragraph 1. fourteenth, so that it can be made available to those interested in the terms of the fifteenth.

Second transient disposition. Short numbers other than those provided for in this Order.

Elapsed one year from the date of entry into force of this Order, it will not be possible to use, for the provision of the telephone consultation service on subscriber numbers, short numbers assigned different from those foreseen in the she.

Final disposition first. Competence title.

This Order is issued under the exclusive State Telecommunications Competition, as provided for in Article 149.1.21.^a of the Constitution.

Final disposition second. Entry into force.

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

Madrid, 26 March 2002.

BIRT I BERTRAN

Excmo. Mr. Secretary of State for Telecommunications and for the Information Society and Ilmo. Mr. Director General of Telecommunications and Information Technologies.