The Telecommunications Advisory Board, set up by the third provision of the Telecommunications Management Act (31/1987), is the highest telecommunications advisory body to which the study, deliberation and proposal in matters relating to telecommunications, as well as to inform the cases which the Government requests or those which are addressed on its own initiative of the Council.

The Telecommunications Advisory Board is regulated by Royal Decree 970/1991 of 14 June, which establishes its composition and operating system, subsequently amended by Royal Decree 1398/1992 of 20 November. According to the final provision of Royal Decree 970/1991, the Telecommunications Advisory Board is attached, without prejudice to its functional independence, to the Ministry of Public Works, Transport and the Environment, through the Secretariat General of Communications.

The functioning of the Advisory Board since its inception has determined the need to further clarify some of the extremes related to its organisation and operation in order to facilitate the performance of this body. The Commission will also be a member of the European Commission in the field of telecommunications, with the participation of the public authorities, together with representatives of all the interests of the sector: telecommunications, users, trade unions, professional associations, as well as recognized prestige in the field of telecommunications.

In its virtue, in use of the faculty granted by the final disposition second of Royal Decree 970/1991, of June 14, and with the approval of the Minister for Public Administrations, I have:

Single item. Adoption of the Regulation.

The Telecommunications Advisory Council Operating Regulation is hereby approved and then inserted.

Final disposition. Entry into force.

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

Madrid, 22 November 1994.

BORRELL FONTELLES

TELECOMMUNICATIONS ADVISORY BOARD OPERATING RULES

CHAPTER I

Organization

Article 1. Operation of the Council.

The Telecommunications Advisory Board will operate in plenary, the Permanent Commission and the Ponencias.

Article 2. Internal organs.

The internal organs of the Telecommunications Advisory Board are:

The Council in plenary.

The Standing Committee.

The Ponences.

The President, the Vice-Presidents, the Vocals and the Secretary will be invited to the plenary session of the Advisory Council.

The Permanent Commission will be composed of the Vice-Presidents, by the Vocals representatives of the different groups mentioned in article 13.1 of Royal Decree 970/1991, of June 14, modified by the Royal Decree 1398/1992, of 20 November, and by the Secretary.

The Ponences shall be composed of members of the Council, in accordance with the provisions of Article 14 of Royal Decree 970/1991, as amended by Royal Decree 1398/1992.

The Secretary has the status of a member of the Telecommunications Advisory Council and will be a voice and vote for both the plenary and the Permanent Commission meetings.

Article 3. Legal regime.

The Advisory Board shall be governed by its convocation, deliberations and adoption of agreements in accordance with Chapter II of Title II of the Law on the Legal Regime of Public Administrations and the Procedure. Common Administrative Board, as well as the provisions of this Rules of Procedure.

CHAPTER II

President and Vice-Presidents

Article 4. Privileges of the President.

It's up to the President:

1. Show the representation of the Council.

2. To agree on the convening of the meetings and to set the agenda for the plenary session.

3. Chair the sessions, moderate the development of the debates and suspend them for justified reasons.

4. He will vote on the draws, in order to adopt agreements.

5. To authorize with its signature the agreements and reports and to monitor the minutes of the Council's plenary, as well as the communications that affect or relate to the Council as an organic unit.

6. Designate and remove the third Vice-President and the Secretary of the Council.

7. To designate the Council's Vocals, on a proposal from the various authorities, entities and bodies, and to dismiss them for any of the reasons set out in Royal Decree 970/1991.

8. Appoint and dismiss, by the same procedure as the holders, the alternate Secretary and Vocals.

9. To set up the specialized agencies deemed necessary, to appoint their presidents and to propose to the plenary their members.

You may be able to describe matters that are subject to study and report of the Ponences as urgent.

10. To determine whether it is up to the Council in plenary or the Standing Committee to know and report on legislative and regulatory projects pursuant to Law 31/1987, for the Management of Telecommunications, as amended by Law 32/1992, 3 of (a) December, and, in general, to determine the body to which the adoption of agreements, proposals and the issuance of reports is appropriate.

11. To submit to the plenary the studies and reports of the papers which it considers relevant, as well as proposals for agreements, if it considers its nature as urgent.

12. To provide for a number of internal arrangements for the best handling of the Council's affairs.

13. Exercise the other functions assigned to it by the laws and other provisions in force.

14. Ensure compliance with the laws.

15. Implement and ensure the implementation of the agreements adopted by the Council in plenary.

Article 5. Delegation of the President's powers.

The President may delegate to the First Vice President any of the privileges referred to in the previous article.

Article 6. Privileges of the First Vice-President.

The Vice President will be attributions first:

1. Replace the President in case of vacancy, absence, illness or other legal cause.

2. Auxiliary to the President in the performance of his duties.

3. Exercise the functions that the President delegates to him.

4. Carry out the duties of the President with respect to the Standing Committee, whose sessions he shall preside.

5. To propose to the Permanent Commission the members who must be part of the established Ponencia whose subject has been qualified as urgent.

6. Authorize the corresponding Vocal, if not included among the members of the Standing Committee, to attend the sessions of the Standing Committee, when a proposal submitted by an agency or entity that the Vocal represents in the Council, in order to participate in the deliberations. However, this Vocal will not be able to intervene in the votes.

7. To authorise the representative of the body or entity which, by reason of the matter, has a manifest interest in attending a meeting of the Standing Committee, under the conditions laid down in the preceding paragraph.

8. To obtain the presence of officials or specialists who have intervened in the drafting of the report, document or proposal for agreement in question at any time, in order to advise the Standing Committee.

9. Exercise the powers of the Vocals listed in Article 11.

10. Implement and ensure the implementation of the agreements adopted by the Standing Committee.

11. To obtain from the services and agencies of the Administration the data, studies and collaborations it deems appropriate for the performance of the functions of the Council.

Article 7. Delegation of the privileges of the First Vice-President.

The Vice President may first delegate any of his or her privileges to the Vice-President, except those delegated to him.

Article 8. Powers of the Deputy President.

Second Vice President's privileges:

1. Replace the Vice President first in case of vacancy, absence, illness or other legal cause.

2. Auxiliary to the First Vice President in the performance of his duties.

3. Exercise the powers of the Vocals listed in Article 11.

4. Carry out the duties which the President or the Vice-President shall first delegate to him.

Article 9. Privileges of the third party.

Third Vice President's privileges:

1. Replace the second vice president in case of vacancy, absence, illness or other legal cause.

2. Exercise the powers of the Vocals listed in Article 11.

3. Carry out the duties which the President or Vice-Presidents first or second delegate to him.

CHAPTER III

Vocals

Article 10. Arrangements for attendance at sittings.

Vowels must attend, on their own or replaced by their alternates, the plenary sessions and, where appropriate, the sessions of the Permanent Commission and the corresponding Ponences. If it is not possible for them to attend normally, they shall inform the respective President and the body or entity representing the effects of their replacement where appropriate.

Article 11. Faculties of the Vocals.

Vowels will have the following faculties:

1. To participate in the discussions and deliberations of the reports and other matters on the agenda and to propose any amendments which they consider appropriate in the proposals for reports and agreements submitted.

2. Obtain accurate information for the performance of your duties. Request the extension of the data or background of the reports or agreements and other items of the agenda prior to their approval.

3. To exercise their right to vote and to formulate in the manner provided for in this Regulation, a particular reasoned vote when they disagree with the majority.

They will not be able to abstain in the votes who, because of their quality of authorities or personnel of the service of the Public Administrations, have the status of members of the Council.

4. Formulate pleas and questions.

5. To present to the President of the Council or to the Chair of the Permanent Commission proposals or motions on matters of competence of these bodies.

6. To participate, when it is considered to be of interest in the plenary, in one or more of the Ponences that are constituted.

7. Requesting authorized copies of those documents which they judge must inform the department, entity or body to which they represent.

8. Choose, where appropriate, the Vocal or Vocals representatives of your group to be part of the Standing Committee.

9. To request the inclusion of a subject on the agenda as provided for in this Regulation.

Article 12. Assistance to the Permanent Commission in special cases.

Any Vowel not belonging to the Permanent Commission may request the President of the Permanent Commission to attend the sessions, with a voice and without a vote, when proposals submitted by the body or entity are submitted to deliberation that the Vocal represents in the Council, or when, by reason of the matter, it has a manifest interest in a session of the Permanent Commission.

CHAPTER IV

Secretary

Article 13. Nature and functions.

The Secretary shall act as the Secretary of the Plenary and the Permanent Commission and shall lead the Secretariat of the Council.

You will be able to attend the meetings of the Ponences.

Article 14. Arrangements for attendance at sittings.

The Secretary, as a member of the Advisory Board, will have a voice and vote at all meetings of the same party, and may be accompanied by a voice-based adviser but without a vote.

Article 15. Duties of the Registrar.

The Secretary will also exercise the following functions:

1. To organise the technical and administrative support services of the plenary session of the Council, the Standing Committee and the Ponies.

2. Prepare the work of the plenary and the Standing Committee.

3. Collect and prepare studies and reports necessary to facilitate decision-making by the Council.

4. Receive the members ' acts of communication and the notifications or any kind of writing from which they must be aware.

5. Convene the meetings of the plenary session and the Permanent Commission, when the respective president so decides.

6. To keep and sign the minutes of the plenary sessions and of the Standing Committee and, once they have been endorsed by the President and approved by the plenary or the Standing Committee, to keep them.

7. To issue certifications and communications of the evacuated reports and the agreements adopted.

8. To deal with and, where appropriate, to implement those Council agreements or decisions of the President expressly entrusted to it.

9. To direct and preserve the register, archive, documentation and other similar services that are accurate for the normal development of the tasks of the Council.

10. To manage the Council's internal rules.

11. To direct and distribute the staff assigned to the Council Secretariat according to the needs of the services.

Article 16. Staff of the Secretary.

The Secretary shall be assisted, in the preparatory work of the Council's actions, by the alternate secretary and the staff of the Secretariat.

Article 17. Alternate Secretary.

1. The alternate secretary shall be appointed by the President among officials who meet the same requirements of administrative rank and membership of the Registrar.

2. The Deputy Secretary shall replace the Secretary in the event of vacancy, absence, illness or other legal cause.

3. The Deputy Secretary shall exercise the functions of assistance and support to the Secretary in the performance of all his tasks.

CHAPTER V

Full Council

Article 18. Powers of the Council in plenary.

The following attributions correspond to the Council in plenary:

1. Propose to the Government how many measures it deems appropriate in the field of telecommunications.

2. To know and report the National Telecommunications Plan, proposing the objectives that should be incorporated in the same reference to the policy of development of the Public Services of Telecommunications and its associated networks.

3. To know and inform legislative and regulatory projects, in application of the Law 31/1987, of Telecommunications Management, as amended by Law 32/1992, of 3 December, which the President has decided to submit expressly to the plenary of the Council.

4. To issue reports on matters which the President of the Council is submitting to his consultation.

5. To know the reports issued, the proposals made and the agreements adopted by the Permanent Commission; the reports of the High Ponences by the Permanent Commission, as well as the reports or projects of agreement that, having been qualified The Committee on Social and Economic and Social Committee

6. To report and to adopt agreements on the reports or agreements of the Permanent Commission that have been formulated by some Vocal.

7. Decide on the members of each Ponencia constituted by the President.

8. To know the studies or reports of the Ponences that the President considers appropriate.

9. To report on the rules of operation of the Council and its draft amendments, when it deems appropriate, on a proposal from the Standing Committee and before its approval by the Minister for Public Works, Transport and the Environment.

10. In general, all the functions assigned to the Council by the regulatory provisions of the Council, as well as those assigned to it by other laws or regulations.

Article 19. Frequency of meetings.

The Council Plenary will meet once a semester in ordinary session, and in extraordinary session when the President decides it, or at least half of its members request it.

Article 20. Call and order of the day.

The convening of the plenary session shall be agreed by its president and notified by the Secretary at least forty-eight hours in advance, except in cases of urgency, which may be reduced to 24 hours, and shall be accompanied by order of the day.

The order of the day, prepared by the Secretary, shall be approved by the President, taking into account, where appropriate, the requests of the members of the Council made at least 15 days before the date of the convocation of the plenary.

Article 21. Matters not included in the agenda.

No matter which is not included on the agenda may not be the subject of deliberation or agreement unless all members of the collegiate body are present and the urgency of the matter is declared by the favourable vote of the majority.

Article 22. Establishment of the plenary session.

The convening of the meeting must contain its character of ordinary, extraordinary or urgent, as well as the place and time of its celebration. For the valid constitution of the Council, for the purposes of holding meetings, deliberations and the adoption of agreements, the presence of the President and the Secretary or, where appropriate, of those who replace them shall be required, and at least half of the its members.

If there is no quorum, the plenary session may be held on a second call twenty-four hours after the first one. To this end, the assistance of the third part of its members and, in any case, that of the President and the Secretary or those who replace them shall be sufficient.

In case of justified urgency, both calls could be made at the same time and for the same day, meeting the plenary in second call if it could not do so in the first place because the required number of Vocals is not present. In this case, the presence of the President and the Secretary, or those who replace them, and that of the third party, at least their members, will be required. The second call meeting may not be held until one hour after the beginning of the first call for meetings.

Article 23. Approval of the minutes of the previous meeting.

The session will be opened by the President, the minutes of the previous meeting will be submitted to approval, which will be read by the Secretary if necessary.

Approved the minutes, if appropriate, will be entered into the following items on the agenda.

Article 24. Exposure of agreements, proposals and reports.

The detailed relationship of the agreements adopted in the Standing Committee from the previous session and, where appropriate, the proposals for agreement or reports issued by the Permanent Commission or the Secretariat will be presented to the plenary by the Chairman of the Standing Committee or the Secretary. The exhibition shall, where appropriate, include the statement of the letters in which the vote or the special votes of the Vocals have been completed.

The Chairman of the Standing Committee or the member of the Permanent Commission may present to the plenary the reasons or comments which it considers appropriate, and, if he does not ask for the word any Vocal, shall be submitted directly to the Plenary vote on the reports, agreements or proposals.

Article 25. Regime of the debates.

Asking for the word for some Vocal, the debate will be opened on the reports and proposals for agreement submitted to the plenary session.

The Vowels will intervene in the discussions without any limitations other than those that the President points out for the good order of the debate.

The rapporteur will be able to intervene as many times as he sees fit to reply to the Vocals or to clarify the issues that the deliberation raises.

The Secretary must intervene whenever required by the President or when necessary to recall the applicable legal or regulatory precepts.

Article 26. Presentation of private votes.

Any Vocal may present a particular dissenting vote with the majority agreement or announce it, provided it is before the session is lifted. In the latter case, it shall forward it in writing to the Council Secretariat within a period of not more than 48 hours. The particular vote may be endorsed by the Vocals who agree with him and have voted against the agreement.

Elapsed time indicated without the Vocal or dissenting Vocals formulating their particular vote, this will be understood.

Article 27. Vote.

When the President considers the reports, agreements or proposals for agreement, presented before the plenary, to be quite discussed, he will ask if it is approved, and if there is no unanimity, the vote will be taken, which may be By agreement of the President, either raised or nominal. In this case and in exceptional cases, or by agreement of the majority, the vote may be secret.

The agreements will be taken by a simple majority of votes of the members present. In the event of a tie, the President's vote shall be decided.

Article 28. Extension of the session.

If it is not possible to deal with all the related matters on the agenda in a session, the President may agree to the conclusion of another immediate, on the same day or in the successive ones, without the need for a new subpoena. written.

Article 29. Minutes of the sitting.

For each session, the minutes shall be drawn up, containing the list of persons who have attended, the agenda for the meeting, and the circumstances of the place and time at which it was held, the main points of the meeting. deliberations, the form and outcome of the vote, with the expression of the individual votes, if any, the content of the agreements adopted and the reports issued.

The minutes will be signed by the Secretary with the President's approval.

CHAPTER VI

Standing Committee

Article 30. Functions.

The Standing Committee will perform the following functions:

1. To know and inform legislative and regulatory projects, in application of the Law 31/1987, of Telecommunications Management, as amended by Law 32/1992, of 3 December, in the periods between two Council plenary sessions, except that its The President expressly decides to submit them to the next plenary session.

2. To raise to the plenary, with its opinion, or to return to the corresponding Ponence for a new study, the reports or proposals of agreement of the Ponences.

Raise the agreements, the proposals for agreements and reports of the Permanent Commission that it deems necessary.

3. Those tasks which it agrees to entrust or delegate to the plenary.

4. Adopt agreements and issue reports on projects, proposals and issues not expressly attributed to the Council in plenary.

5. To adopt agreements and to issue reports in urgent cases, unless the President of the Council expressly decides that they fall within the competence of the plenary session.

6. To examine in advance, and as far as possible, the matters to be dealt with by the plenary session.

7. Ensure the effective implementation of the plenary agreements, and contribute to the preparation of the meetings of the plenary session by informing them of their own actions.

8. To deal with issues of minor importance in matters of minor importance which do not need to go to the plenary and the issues delegated by it.

9. How many matters the President of the Council or the Vice-President will submit to his consideration first.

10. To ensure the continuity of the Council's activities in the periods between successive plenary sessions.

11. To study and report on the modification or revision of the Council's Rules of Procedure. It may propose to the plenary the issue of the report, prior to its approval by the Minister.

Article 31. Call and order of the day.

The Permanent Commission shall meet whenever necessary, in accordance with the decision of its President and the call made by the Secretary, which shall be accompanied by the agenda. It may also be convened at the request of half more than one of its members, relating in the same way to the matters to be dealt with. The notification of the Registrar shall be made at least forty-eight hours in advance, except in cases of urgency, which may be reduced to 24 hours.

Article 32. Validity of agreements and reports.

The agreements adopted and the reports issued by the Permanent Commission will, if necessary, have the same consideration as those adopted or issued by the plenary.

Article 33. Assistance from Vocals and experts in special cases.

When the Standing Committee has to deal with a proposal submitted by a body or entity represented in the Council, the President of that body may authorize attendance at the meetings of the appropriate Vocal if not figure among the members of the Commission. At all times, the presence of officials or specialists who have intervened in the drafting of the proposed agreement may be sought, in order to provide advice, but without intervening in the votes.

Article 34. Request to the President.

Any Vowel who is not part of the Standing Committee may request the President of the same authorization to attend its meetings when he wishes to propose any proposal of the body or entity that he represents, relative the order of the day provided for at the meeting in question.

Article 35. Operating rules.

The Standing Committee shall operate in accordance with the rules laid down in the previous Chapter for the Council in plenary, as soon as they are applicable.

Article 36. Powers of the President.

The Chairman of the Standing Committee will have the same powers as the President of the Council with regard to the plenary session.

CHAPTER VII

Ponies

Article 37. Functions.

The study and report of those matters for which they have been set up are the responsibility of the Council. It will work, in general, under the direction and control of the Permanent Commission, with the exception of the Ponences whose subject of study has been qualified as urgent, in accordance with the provisions of Royal Decree 1398/1992 and in this Regulation.

Article 38. Reports from the Ponences.

1. The papers will be sent to the Standing Committee and will be presented to the plenary session, when deemed necessary, by the reports of the work carried out and proposals for agreement.

2. The reports drawn up by the papers will not be binding.

Article 39. Operating rules.

1. The Commission shall observe in its operation similar rules to those laid down for the Council in plenary in so far as they are applicable to them and, where appropriate, the special rules laid down in the terms of the constitution and the time limits laid down by the Council. The President of the Council can point out in each case.

2. The President of the Council may describe as a matter of urgency the matter under consideration by the Ponencia, in which case the composition of the paper may be determined by the Standing Committee, and the reports or proposals it may draw up may be directly raised. the plenary session of the Council.

Article 40. Temporary work groups.

For the specific internal tasks of the Ponencia, temporary working groups may be set up, within the Ponences and integrated by members of the Ponencia, in order to prepare studies or reports on the issues or issues to be addressed to them by the Ponencia.

Article 41. Studies and external reports.

The Ponences may propose to the General Secretariat of Communications or to the Directorate General of Telecommunications the elaboration of studies and reports by specialized entities when they consider it necessary and in relation to certain matters of interest.

Article 42. Secretary of the Ponencia.

The President of the Ponencia will elect a Secretary from among its members.

The Secretary of the Council may also be responsible for the duties of the Secretary.

CHAPTER VIII

Council Secretariat

Article 43. Nature and composition.

The Council Secretariat is the permanent body for assistance and support to the Council,

The Secretariat will be constituted as follows:

1. The Secretary.

2. The alternate secretary.

3. The officials of the General Secretariat of Communications assigned to him.

4. The staff that needs to be required, in accordance with the provisions of the legislation in force.

Article 44. Request for reports.

The Secretariat, in accordance with the function of its holder of collection and preparation of studies and reports to facilitate decision-making by the Council, may request the holder of the General Secretariat for Communications to the issuing of the reports, as it deems necessary, by the management centres and entities which are dependent or attached to the General Secretariat of Communications.

Article 45. Specific work.

The Secretariat may propose the hiring, in accordance with the current legislation, of specific works to be carried out by natural or legal persons for the preparation of the studies or projects that are necessary for the fulfilment of its aims.

CHAPTER IX

Queries to the Council

Article 46. Processing.

The proposals, projects, initiatives, issues of any matter that may be submitted to the consideration of the Telecommunications Advisory Board, will be recorded, studied and informed by the Secretariat of the Council.

Reports collected or prepared by the Secretariat in response to a particular consultation shall be forwarded to the First Deputy Presidency of the Council.

The First Vice Presidency will determine its processing as appropriate by:

The elevation to the Presidency for eventual inclusion on the agenda of the plenary session.

The referral to the Chair of the Standing Committee, or

The referral to the Presidency of the Ponences that could be constituted for the study of this matter.

The consultation of the Council will be forwarded and evacuated by the appropriate body.

Article 47. Documentation and supplementary information.

Proposals, projects, initiatives or issues to be considered by the Council should be accompanied by the necessary documentation.

The Presidents of the Council, the Permanent Commission, the Ponences and the Secretary may ask for clarifications and supplementary information on the subject to be consulted.

Article 48. Presentation of proposals or initiatives.

The proposals or initiatives referred to in the previous article may be submitted to the plenary of the Council by the Standing Committee or, at least, by 10 members.

CHAPTER X

Council Agreements and Reports

Article 49. Compulsory.

The Telecommunications Advisory Board is required to adopt agreements or issue reports on matters that are established in the laws and regulations in force, as well as those that its members submit to consideration, in accordance with this Rules of Procedure.

The adoption of agreements shall be made as prescribed in Article 27.

Article 50. Deadlines.

The Council agreements or reports shall be adopted or issued as soon as possible, in accordance with the nature of the relevant initiative and, in cases of urgency, within the time limit set by the President.

Article 51. Elevation of agreements and reports.

Agreements adopted or reports issued shall be elevated to the body of the General Administration of the State that originates or remitted to the body or entity concerned, as well as to those who have promoted them. Iran signed by the President or First Vice-President, and the Secretary, with the expression of whether they have been adopted or adopted by unanimity or by a majority, or have been the subject of a report by a Ponence and accompanied by a vote or by a private vote, if there.