At the meeting of the Council of Ministers on 15 February 2013, the Government approved the Digital Agenda for Spain, which is the reference framework for establishing a roadmap for information technologies and Communications (ICT) and e-government; to establish the strategy of Spain to achieve the objectives of the Digital Agenda for Europe; to maximise the impact of public policies on ICT to improve productivity and competitiveness; and transform and modernise the Spanish economy and society through effective use and ICT-intensive by citizenship, companies and administrations.

The first of the six objectives set out in that agenda is to encourage the deployment of networks and services to ensure digital connectivity, thereby putting the deployment of the access infrastructure of Ultra-fast broadband as one of the main policy and strategic objectives of the present decade, in line with what has been done both by the European Union and by the majority of countries in the Organisation for Cooperation and Development Economic (OECD).

The goals of this deployment are quantified in achieving that by 2020 all people can have Internet access services with speeds above 30 Megabits per second (Mbps) and 50 percent. of the households are subscribers to connections capable of offering speeds above 100 Mbps.

The fact that the networks will be mainly deployed by the private initiative with some rhythms conditioned by the viability of the investments, the business models and the market response, the Agenda contemplates, for to achieve the proposed objectives, a series of measures aimed at removing obstacles and encouraging the development of both supply and demand, while at the same time entrusting the Ministry of Industry, Energy and Tourism with the development of a National strategy for fast-track networks to encourage investment in such networks, combining the Private sector efforts with the levers available in the various Public Administrations.

In areas where private initiative deployments are limited due to a lack of profitability, the Agenda already advances the need for the Strategy to provide for the use of support and support mechanisms. Public-private partnerships to extend the coverage of new networks, while respecting the principles of promoting sustainable competition, technological neutrality and the criteria for public aid established at European level.

For all this, in response to the mandate set out in the Digital Agenda for Spain, the Ministry of Industry, Energy and Tourism establishes, within the framework of the National Ultrarrapid Network Strategy, the basis of the Extension of the New Generation Broadband for the granting of aid to accelerate the extension of the coverage of public electronic communications networks capable of providing high-speed broadband services (higher to 30 Mbps) and very high speed (greater than 100 Mbps) to the areas without current coverage or planned in the next three years.

This Program is integrated into the State Plan for Scientific and Technical Research and Innovation for the period 2013-2016, which has the character of the Strategic Plan referred to in Article 8.1 of Law 38/2003, of 17 November, General of Grants, and constitutes the instrument that allows the implementation of the public policies of the General Administration of the State of promotion and coordination of the activities of R + D + i.

In section 7.2 of the Plan, the Strategic Action on Digital Economy and Society 2013-2016 is collected, which articulates a set of measures that aim to promote the adoption of digital technologies and the development of the Society of the information, enabling the transformation of the economy and the society towards a digital environment that advances in a progressive way and is implanted with transversal character in all the sectors of business activity, becoming the environment (a) a dominant position for economic transactions, the provision of effective public services; and efficient, and the definition of a new model of organization of the work and of social relations.

The measures recognized in the "Digital Agenda for Spain" aimed at boosting the Spanish system of research, development and innovation in the field of technology are included within this Strategic Action. information, communications and the information society.

For the programme the period 2013-2015 has been considered, in line with the time horizon of the objectives set in the Digital Agenda for Spain.

These bases are established after a first draft of these bases is submitted to public consultation, together with the initial identification of the areas of action, and to analyze and take into account all the contributions made by the operators, public administrations and other actors.

The aid referred to in this order may be part of the actions co-financed by the European Regional Development Fund (ERDF). Therefore, projects which obtain assistance for the geographical areas specified in the respective calls shall apply to them the management and control mechanisms included in the operational programmes and instruments applicable to the such funds.

With this Program, continuity is given to the actions previously carried out under the Avanza New Infrastructures of Telecommunications Program, the bases of which were approved by Order ITC/2148/2010, of July 30, in the part concerning new generation networks.

This order complies with the provisions of Article 17 of Law 38/2003 of 17 November, and has been notified to the European Commission for the purpose of complying with the State aid rules.

The regulatory bases approved by this order incorporate the forecasts, guarantees and controls contained in Law 38/2003 of 17 November, as well as those of its Regulation, with all requests for assistance the general competitive competition regime and the rules of procedure defined for it in that law.

This order is structured into two chapters and an attachment. The first chapter contains general provisions, setting out the general objectives, the scope of the programme, the beneficiaries, the types of aid and their limits; the second sets out the management procedure: competent bodies, way of making the request, evaluation, resolution and payment process. The application assessment criteria are set out in the Annex.

This order is dictated by the state competition in the field of telecommunications provided for by Article 149.1.21. of the Spanish Constitution. The Ministry of Industry, Energy and Tourism is the department of the General Administration of the State responsible, among other functions, for the proposal and implementation of the Government's policy in the field of telecommunications, audiovisual media and development of the information society. The management that the General Administration of the State makes of these aids, allows to introduce an adequate level of competence, as well as a rational and efficient planning of the same.

This order, in accordance with the second paragraph of article 17.1 of the Law 38/2003 of 17 November, has been the subject of the mandatory report of the State Advocate and the Delegation of the State Administration General Intervention in the Department.

Article 17 of Law 38/2003 of 17 November establishes that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with legal personality Their own or dependent on that, the relevant ministers shall establish the appropriate regulatory basis for the grant of the grants.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

CHAPTER I

General provisions

Article 1. Object.

the purpose of this order is the establishment of the regulatory bases for the granting of aid, under competitive competition, under the New Generation Broadband Extension Program, within the framework of the provided for in Objective 1 of the Digital Agenda for Spain in the framework of the National Strategy for Ultrarrapid Networks, which is included in the State Plan for Scientific and Technical Research and Innovation for the period 2013-2016.

Article 2. Material scope.

Your material scope is limited to the extent of coverage of new generation, high-speed and very high speed broadband public networks.

Article 3. Temporary scope.

The temporary scope of this order will be from the day following its publication in the "Official State Gazette", until December 31, 2015. However, the aid granted shall continue to be granted by it and by the corresponding calls issued under it, until the completion and closure of the relevant files.

Article 4. Geographical scope.

The geographical scope of the projects that opt for the aid granted under this order is the totality of the national territory. However, in each project no action may be taken to be carried out in more than one Community or Autonomous City.

Article 5. Objectives.

The actions envisaged in this order aim to accelerate the extension of the coverage of public electronic communications networks capable of providing high-speed, very high-speed broadband services. speed to areas with no current or planned coverage over the next three years.

Article 6. Project types and actions object of help.

1. Each project eligible for assistance under this programme shall be in one of the following three lines of action:

a) Line A, relative to the extent of the coverage of new generation access networks (NGA) of very high speed (100Mbps or higher).

The eligible areas for the development of projects eligible for this line will correspond to the population entities that do not have coverage of new generation access networks of high or very high. speed, no plans for deployment by any operator in the next three years and, in case of membership of a Community or Autonomous City with high speed broadband coverage (30 Mbps or higher) above 50 per of the national average, have a population of less than 50,000 inhabitants.

The objective of the projects should be the deployment of very high speed access networks, which can also include the end of the trunk network that provides a point of access to the core of the backbone network ("backhaul") with sufficient capacity to provide wholesale access to other operators who request it. Within the assessment criteria set out in the Annex, the existence on the part of the beneficiary or some other operator of very high speed service provision plans on those networks is assessed once they have been deployed.

b) Line B, relative to the extension of the access point coverage to the core network ("backhaul") suitable for the connection of new high speed (30 Mbps or higher) and very high speed generation access networks.

The areas eligible for the development of projects eligible for this line will correspond to the population entities in which in addition to not having coverage of high or very high speed access networks No provision for their endowment over the next three years, nor do they have access infrastructures to the core of the high capacity backbone network ("backhaul") , suitable for connecting new generation high-speed and very high speed access networks, or forecasts for their endowment over the next three years and also have a population of less than 20,000.

The objective of the projects on this line B must be the deployment of access points to the core network ("backhaul"). Within the assessment criteria set out in the Annex, the existence by the beneficiary or some other operator of plans for the provision of high-speed or very high speed services on these points is assessed. access.

c) Line C, relative to the extent of coverage of new high-speed access networks (30 Mbps or higher).

The areas eligible for the development of projects eligible for this line will correspond to the population entities in which they do not have coverage of new generation or access networks. forecasts for their allocation over the next three years, nor do they have a coverage of broadband end services, at speeds of at least 10 Mbps, more than 90 per cent of the population, and no plans for their allocation in the next three years. years, no alternative offers via cable or unbundled access loop and have, in addition, a population less than 10,000 inhabitants.

The objective of the projects should be the deployment of high-speed access networks, which may also include the end of the trunk network that provides a point of access to the core of the backbone network ("backhaul") with sufficient capacity to provide access to other operators who request it. Within the assessment criteria set out in the Annex, the existence, by the beneficiary or some other operator, of plans for the provision of high-speed services over such networks, once deployed, is assessed.

2. The aid portal located at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es) will provide, for each line of action and updated annually, a list of the population entities that have in principle the consideration of areas of action excluded because the corresponding eligibility criteria are not met, unless the applicant can prove otherwise in relation to the entire population entity or to a party clearly delimited from the same.

3. Priority action areas with an initial allocation of the available budget may be established for each call, depending on the availability of funding from the European Regional Development Fund (ERDF) for these areas. the greater needs of users, their dynamicability, the degree of presence of SMEs or economic activity centres such as industrial estates or tourist centres and other factors such as territorial balance, their greater impact on economic development or its greatest departure.

4. Applicants may group in each aid application the actions of the same type to be carried out in different areas, without exceeding the geographical scope of an Autonomous Community or the cities of Ceuta and Melilla.

Eligible costs shall correspond to the concepts referred to in Article 14 and shall be limited to those necessary for the creation or adaptation of the network infrastructures which may be used by the other operators. Expenditure items associated with infrastructure not related to wholesale access, intended for the exclusive use of the aid beneficiary operator, shall not be eligible.

5. The aid will not be conditional on the deployment of a specific technological solution, with applicants being required to express and motivate the most appropriate technological solution for each territorial area in the projects.

6. In the technical and economic memory to be provided by the applicant, an analysis of other existing public infrastructure (roads, railways, energy and water ducts, sewerage, cable facilities, pipelines, etc.) will be included. (ii) the use of which would entail significant savings for the project, and may request the cooperation of the managing body in order to facilitate a use agreement, with the consequent reduction of the investment required. Any operator who wishes to participate in this Programme and owns or controls infrastructure in the areas of action which may be reused for the deployment of broadband, shall inform the managing body and provide the information relevant and in good time to other interested operators in order to enable them to include them in their proposals. The managing body shall also publish on its website the availability of existing infrastructure of this type that has been communicated to it by its owners.

7. The beneficiaries of the aid will be obliged to offer other operators on a fair and non-discriminatory basis, effective wholesale access, of the type of binary flow ("bitstream"). , to the subsidised infrastructure for a minimum period of seven years. In the event that the project provides for fibre optic deployments, such access shall also include the possibility of access to the dark fibre, with total and effective disaggregation, as well as to the ducts, posts, cabinets, archways and other elements of civil work. Access to the latter must not be limited in time.

The prices of this effective wholesale access should be used as a reference to the wholesale prices set by the Telecommunications Market Commission to the Operator with Significant Market Power (PSM) for services. similar. In the absence of an equivalent reference offer, the reference shall be that of the average prices existing in Spain and where this reference does not exist either, it shall apply, in the case of a vertically integrated operator, the criterion of non-discrimination with the retail branch of the beneficiary operator. The Telecommunications Market Commission, at the request of interested third parties, may intervene by issuing instructions for the effective fulfilment of this obligation, taking into account market conditions and aid. received.

The detail of the supply of wholesale products as well as the performance of the necessary actions in the infrastructure, may not be specified as long as there is no reasonable demand for a third operator. The application shall be considered reasonable if the applicant establishes a coherent business plan which justifies the development of the product on the subsidised network and if no other operator offers an access product in the same geographical area comparable and at prices equivalent to those in the most densely populated areas.

Article 7. Minimum and maximum budgets for projects under aid.

The maximum eligible budget for each project for which aid is requested will be EUR 4 million.

Article 8. Beneficiaries.

They may request and, where appropriate, obtain the status of a beneficiary of the natural or legal persons who have the status of a duly empowered operator, as provided for in Articles 6 and 7 of Law 32/2003, November 3, General Telecommunications.

Article 9. Requirements and obligations of beneficiaries.

1. Beneficiaries may not be held in any of the circumstances prohibiting the obtaining of the status of a beneficiary, as set out in Article 13 of Law 38/2003 of 17 November, as amended by the eighth final provision of Law 39/2010 of 22 December 2010 on the General Budget of the State for the year 2011, which states that such prohibitions shall also affect those undertakings which, by reason of the persons who govern them or other circumstances, may assume that they are continued or that they derive, by transformation, fusion or succession, from other companies in which they have attended.

2. Undertakings which are subject to a recovery order pending following an earlier decision of the European Commission which has declared unlawful and incompatible aid with the common market shall not be eligible for the status of a beneficiary.

3. The instructor shall require the accreditation of the fulfilment of the requirements necessary to acquire the status of beneficiary, as set out in paragraphs 1 and 2 above.

4. The beneficiaries must comply with the obligations laid down in Article 14 of Law 38/2003 of 17 November and those contained in these bases, which shall be determined on each call, those appearing in the decision to grant the aid. aid and in the specific instructions which, in application and compliance with these bases and each call, will be communicated by the Ministry of Industry, Energy and Tourism in the field of implementation, monitoring, payment of aid, information and advertising, justification and control of expenditure.

5. Beneficiaries shall maintain a separate accounting system, or a differentiated accounting code that adequately collects all transactions related to the project. They shall also have the accounting records, the records and other documents in the terms required by the legislation applicable to the beneficiary, as well as the invoices and other evidence of expenditure of equivalent probative value and the relevant supporting documents. This set of documents constitutes the supporting support for the grant awarded, and ensures its proper reflection in the accounts of the beneficiaries.

6. Failure to comply with any of the obligations referred to in paragraphs 4 and 5 above may be the cause of the loss of entitlement to recovery or recovery of the aid granted in accordance with the procedural stage of the processing of the file.

7. Finally, companies which opt for aid covered by this order must credit the economic and financial solvency, as well as the technical or professional solvency, in the terms set out in Article 20.8 of this order.

Article 10. Subcontracting.

1. As indicated in Article 29 of Law 38/2003 of 17 November, it is understood that a beneficiary subcontracts when it is aware of the total or partial execution of the activity which constitutes the object of the aid with third parties. It is beyond this concept that the costs incurred by the beneficiary for the self-realization of the financed activity are to be contracted.

2. Where part of the project's implementation is subcontracted in the implementation of a project, the cost of subcontracting may not exceed 50% of the total cost of the project.

3. Where the subcontracting exceeds 20% of the amount of the aid and the amount exceeds EUR 60 000, a written contract must be concluded between the parties and their conclusion must be authorized in advance by the granting authority. of the aid. In the absence of express authorisation, the conclusion of the contract by the granting authority shall be deemed to be authorised when the decision is published. In any case, the contracts shall be mentioned if there is a link between the parties, in accordance with the provisions of Article 68.2 of the Regulation of the General Grant Law, approved by Royal Decree 887/2006 of 21 July.

4. Where subcontracting is not to be initiated in the year in which the aid is granted and at the time of acceptance of the aid the beneficiary has not selected the contractor, the granting decision shall condition the authorization of the subcontracting exceeding the figures referred to in the preceding paragraph to the fact that the contract to sign Article 29 of Law 38/2003 of 17 November and Article 68 of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July, is in breach of the contract. To this end, the beneficiary shall submit a responsible declaration at the time of acceptance of the proposed aid. The contract and the required tenders shall be submitted at the time of the aid's justification.

5. The total or partial subcontracting of the project may not be carried out with persons or entities in which some of the circumstances set out in Article 29.7 of the General Grant Law are met.

Article 11. Mode of help and compatibility with other aids.

1. The aid granted under this order shall be granted in the form of loans repayable at the rate of interest to be established in each call, in accordance with the rules in force, supplemented, where appropriate, by the with grants to a lost fund.

2. The determination of the amount of the supplement in the form of a grant shall be made on the basis of the aid needs of each project, the assessment obtained in accordance with the criteria set out in the Annex and the available resources. budget, while respecting the aid intensity limits set out in the following Article.

3. The aid granted under this order is not compatible with other aid, revenue or resources granted for the same purpose, from any public or public or private, national, public or private authorities, the European Union or other international bodies. This is without prejudice to the fact that the aid granted under this order may be part of actions co-financed with European Union funds.

Article 12. Funding and maximum aid intensity.

1. Grants and loans to be granted shall be financed from the budgetary applications to be determined in the corresponding calls.

2. Aid intensity means the gross amount of aid expressed as a percentage of the eligible costs of the project. All figures used shall be understood before tax or other deductions. In order to obtain the gross equivalent in terms of the grant corresponding to aid in the form of loans, the methodology and rates defined in the Commission Communication on the revision of the method of fixing the the reference and discount rates (2008/C 14/02) relating to the date of publication of the call. The aid intensity shall be calculated for each beneficiary.

3. The maximum gross intensity of the aid provided for in this order may not exceed 35% of the cost of all the eligible concepts and the long-term forecast for the commercial deficit of the project in the absence of aid.

4. In order to avoid further compensation, the aid decisions may include a clause for the review of the amount of aid in respect of which repayment of the part of the aid which is causing compensation is provided for, in accordance with Article 3 (2) of the Treaty. of the type of project and of the uncertainties in anticipation of the demand, or an obligation to invest all the additional benefits in additional extensions of the network, under the same conditions as the extension made with the aid granted.

Article 13. Characteristics of the loans.

1. The characteristics of the loans shall be as follows:

a) Maximum loan amount of up to 100 percent of the bankable cost of the projects.

(b) Maximum repayment term of 15 years including a period of not more than three years.

(c) The rate of application shall be that set for each call, in accordance with the provisions of Article 11.1.

2. The regulation of guarantees is set out in Article 26.

Article 14. Concepts that can help.

1. The aid shall be used to finance investments and expenditure which are directly related and are necessary for the implementation of the project for which they have been granted and which are carried out in the period from the date of the submission of the request up to the project end date. In no case shall investments and expenses which have been committed or made prior to the submission of the application be eligible.

The following project-associated concepts are considered eligible:

a) Infrastructure and civil work.

b) Equipment and other materials.

c) Staff expenses.

d) Other general or indirect costs attributable to the project.

2. Expenditure arising from the drawing up of the auditor's report referred to in Article 27 of this order shall be considered as eligible expenditure up to the limit of one per cent of the financial budget, without exceeding EUR 6 000 per project. The performance and payment of such a report may be made during the period granted to present the supporting documentation.

3. Where the amount of eligible expenditure exceeds the amounts set out in the recast text of the Public Sector Contracts Act, approved by Royal Legislative Decree 3/2011 of 14 November, for the minor contract, the beneficiary shall to request at least three offers from different suppliers, prior to the contraction of the undertaking for the work, the provision of the service or the delivery of the goods, except that due to its special characteristics it does not exist on the market sufficient number of entities to perform, lend or supply.

The choice between the tenders submitted, which must be provided in the investment justification stage, shall be made on the basis of efficiency and economic criteria, and must be expressly justified in the action memory of the supporting account referred to in Article 27 (3) of that order, the choice where it is not the most advantageous economic proposal.

4. In no case shall indirect taxes be considered as eligible costs where they are eligible for recovery or compensation or personal income taxes.

5. The amounts of aid associated with each of the financial concepts set out in the grant resolution represent the maximum aid limits, with the exception of the provisions of Article 24 (5) of this order.

6. Payments of investments and financing expenses must be made within the time limits provided for in Law 15/2010 of 5 July, amending Law 3/2004 of 29 December, establishing measures to combat late payment in the business operations.

7. Where the aid includes the two modalities, the grant and the loan, the grant and loan shall be deemed to be equal to the same proportion for each approved financial budget concept.

8. The infrastructure and equipment to be supported shall remain affected by the project's objectives for a period of five years from the end of the project or until the end of its useful life.

CHAPTER II

Aid management procedure

Article 15. Competent bodies.

1. The authority responsible for convening the aid referred to in this order shall be the Secretary of State for Telecommunications and the Information Society.

2. The authority responsible for the procedure shall be the Directorate-General for Telecommunications and Information Technology.

3. The competent body to be resolved shall be the Secretary of State for Telecommunications and the Information Society, without prejudice to existing delegations in this field.

4. The Directorate-General for Telecommunications Networks and Operators shall be the managing body responsible for monitoring aid.

Article 16. Calls for assistance.

1. The concession procedure shall be that of competitive competition, in accordance with the principles of advertising, transparency, equality and non-discrimination and shall be initiated on its own initiative by the competent body to convene the aid.

2. The aid referred to in this order shall be made in the form of competitive competition, with the time limit for the submission of applications as defined in each call.

3. The call resolutions shall detail at least the minimum content provided for in Article 23 of Law 38/2003 of 17 November.

Article 17. Electronic processing.

1. According to the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services and Royal Decree 1671/2009, of November 6, for which the aforementioned law is partially developed, the Electronic processing shall be compulsory at all stages. Also, electronic processing shall also be mandatory for the submission of requests for modification of the grant resolution as well as for the notification of the outcome of the grant resolution.

2. For the characteristics of the applicants to whom the aid is intended for this programme, as they are concerned with a high degree of implementation and use of information and communication technologies and projects of a nature In accordance with Law 11/2007 of 22 June, and with Royal Decree 1671/2009 of 6 November 2009, the applications, communications and other documents required relating to the projects which are to be supported by the be presented in the electronic register of the Ministry of Industry, Energy and Tourism.

3. The applicant may access the electronic register of the Ministry of Industry, Energy and Tourism with the same certificate with which he submitted the application, where he may consult the documents submitted and the state of processing of the file. The submission of the application with electronic signature shall also entail the applicant's compliance to receive all communications and notifications which are made during the processing of the electronic file through the electronic signature. In accordance with the provisions of Law 11/2007 of 22 June 2009, and with Royal Decree 1671/2009 of 6 November 2009, electronic registration. In addition to the publication of communications and notifications through the electronic register of the Ministry, an additional system of alerts will be made available to the data subject by means of electronic mail.

4. The publication of the provisional and final decisions, as well as the decisions to grant them and their possible subsequent amendments and the other acts of the procedure, in the aid portal located at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es) shall have all the effects of the notification as provided for in Article 59.6 (b) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations Public and the Common Administrative Procedure, in relation to the procedures of competitive concurrency.

5. In those cases where, as a result of the justification and verification phases, a refund procedure is carried out, the notifications relating to that procedure shall be made in the form of notification by Electronic appearance, as set out in Article 40 of the Royal Decree 1671/2009 of 6 November 2009.

6. The forms the responsible statements and the other electronic documents to be completed in the different phases of the procedure, as well as the tools to be used for making the electronic signature will be available in the mentioned portal portal of aid and must be compulsorily used where appropriate.

7. In those stages of the procedure where, in the interests of administrative simplification, the presentation of responsible statements is permitted instead of certain documentation, such statements shall be submitted in electronic form. electronically signed by the declarant.

8. The applicants shall not be required to submit the documents already held by the competent authority for the instruction of the procedure, in accordance with the provisions of Article 35.f) of Law No 30/1992 of 26 November 1992. Legal of the Public Administrations and of the Common Administrative Procedure, the number of the file which was communicated to it on that occasion should be indicated in the application questionnaire, provided that no more than five have elapsed years from the end of the procedure to which they correspond. In the case of material impossibility of obtaining the document, the competent body may require the applicant to submit, or, failing that, the accreditation by other means of the requirements referred to in the document.

9. According to Article 48.1 of Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007, of 22 June, of electronic access of citizens to public services, the interested parties will be able to contribute to the file, at any stage of the procedure, digitised copies of the documents, the fidelity of which to the original shall ensure by the use of advanced electronic signature. The Public Administration may request the corresponding file of the content of the copies provided. In view of the impossibility of this collation and exceptionally, it may require the particular display of the original document or information.

Article 18. Representation.

1. Natural persons who carry out the signature or electronic submission of documents on behalf of the applicant entities or beneficiaries of the aid shall have the necessary representation for each action, in the words established in Article 32 of that Law No 30/1992 of 26 November.

2. The signatory of the aid application shall provide proof that at the time of filing the application has sufficient representation for the act. Failure to comply with this obligation, not to be remedied, shall result in the person concerned being given a withdrawal from his application.

3. From this obligation to prove that it has sufficient representation, the entities registered in the Registry of Entities applying for aid from the Ministry of Industry, Energy and Tourism, enabled in the Portal of aid lodged in the electronic headquarters of that ministry (https: //sede.minetur.gob.es), provided that the signatory of the application is accredited to that register as the entity's representative.

4. For the remainder of the proceedings, including the responsible statements, where the representative is different from the person who signed the aid application, the accreditation of the power with which the new signatory acts must also be provided. must be sufficient to exercise such representation.

5. The instructor may at any time require the persons who have signed the representation to be accredited. The lack of sufficient representation of the entity on whose behalf the documentation has been submitted shall determine that the document in question is not submitted, with the effect that it may result from the continuation of the procedure.

6. Where the signatory is the holder of the body representing the entity recognised in its statutes, the representation may be credited by providing an electronic copy of those statutes and a responsible declaration signed electronically by the secretary of the entity in which the latter identifies the holder of the body of representation. Where the appointment is public, an electronic copy of the publication of the appointment may be provided in the official journal, rather than the responsible statement cited.

7. In the event that the applicant is an individual entrepreneur, the accreditation of the proxy may be carried out through the contribution of the Census Declaration of high in the Census of Employers, Professionals and Reholders (Model 036).

Article 19. Deadline for submitting applications.

1. The time limit for the submission of applications shall be opened on the day of the start of the effectiveness of the call resolution and shall not be less than 20 days or more than 45 days. The dates for the completion of the deadline for submission of applications shall be indicated in the call.

2. Applications submitted outside the prescribed period shall give rise to their admission.

Article 20. Formalisation and submission of applications.

1. The application form and the electronic documents required to complete and submit applications for aid will be available on the aid portal located at the electronic headquarters of the Ministry of Industry, Energy and Tourism. (https: //sede.minetur.gob.es).

2. The application consists of two inseparable elements: the request-questionnaire and the project's memory. The request-questionnaire will necessarily be completed with the electronic means of support available in the above internet address, in accordance with the instructions published for this purpose in the aforementioned aid portal.

3. As set out in Article 17.2, requests for assistance shall be submitted in the electronic register of the Ministry of Industry, Energy and Tourism.

4. Applications will be submitted through electronic identification and authentication systems, in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services and with the Royal Decree 1671/2009, dated November 6, for which the previous one is partially developed. The electronic signature with which the application is signed shall correspond to that of the person who has taken over the entity requesting the aid.

5. The application shall be accompanied by a valid accreditation of the power of representation of the signatory of the application, as referred to in Article 18, by means of a digitised document. In the case of joint representation, a digitised copy of the application signed electronically by each of the joint representatives shall also be provided in accordance with the procedure laid down in the respective cases. calls.

6. The entities registered in the Registry of Entities applying for assistance from the Ministry of Industry, Energy and Tourism, enabled in the aforementioned aid portal, will be exempt from completing and providing the identification documentation for each of them. Request submitted.

7. In addition, the application must provide the accreditation that the applicant fulfils the condition of an operator duly enabled for the provision of the services of access to the network, telephony and Internet access in Spain. This accreditation must be carried out by providing certification to be registered in the corresponding Registry of Operators, dependent on the Telecommunications Market Commission, or by indicating the name, service and date of resolution. figure in that register, for verification by the instructor.

8. In addition, the application shall be accompanied by the information or documents to prove the financial and economic solvency, as well as the technical or professional solvency of the applicant, in particular:

(a) Statement of the amount of investments made in the last three financial years and the part of them that may be considered to be associated with the deployment of broadband infrastructure.

(b) The financial rating of the company (rating) given by any rating agency, or failing that, a report by a banking institution that is highly valued at the applicant's degree of economic solvency in relationship to the loan requested, giving it some of the following classifications: excellent, good, satisfactory, poor or bad, commonly used by rating agencies.

(c) Relationship of projects of similar or higher characteristics over the last three years or, failing that, the academic and professional qualifications of the employer and the management staff of the company; The staff responsible for the implementation of the project.

9. In accordance with Article 22.4 of the Regulation of Law 38/2003 of 17 November, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid shall entail the authorisation of the applicant for the granting body directly obtains the accreditation of compliance with tax obligations and with Social Security through electronic certificates. However, the applicant may expressly refuse consent, and shall then provide such certification when required by the instructor.

10. If the documentation provided does not meet the required requirements, the person concerned shall be required to provide, within 10 working days, from the date of receipt of the request, to remedy the absence or to accompany the required documents, with warning that, if you do not do so, you will be given the withdrawal of your application, in accordance with the provisions of Article 71 of Law 30/1992 of 26 November.

Article 21. Evaluation Committee; evaluation procedure and criteria.

1. The composition of the evaluation committee shall be as follows:

a) President: The Director General of Telecommunications and Information Technologies.

b) First Vice President: The Deputy Director General of Telecommunications Networks and Operators.

c) Second Vice President: The Deputy Director General for Coordination and Program Execution.

d) Vocals: A representative, with a minimum rank of Deputy Director General or equivalent, designated by each of the following governing bodies:

i. Cabinet of the Minister of Industry, Energy and Tourism.

ii. Cabinet of the Secretary of State for Telecommunications and the Information Society.

iii. Technical Cabinet of the Undersecretary of the Minister of Industry, Energy and Tourism.

iv. Directorate-General for Telecommunications and Information Technologies.

(e) Secretary: An official of the Secretariat of State of Telecommunications and the Information Society, appointed by the President.

The evaluation commission shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Administrative Procedure. Common.

2. The assessment of applications will be carried out in two stages. In the first, the following pre-selection parameters will be evaluated:

a) The requester is credited with gathering the operator condition properly enabled.

b) The project is in line with the objectives of the call.

c) The applicant credits the technical and economic solvency necessary for the development of the project.

Economic solvency shall be deemed to be accredited where the financial rating or the report of a banking institution is at least satisfactory, in accordance with the European Commission's Communication 2008 /C 14/02, provided that the cost The total amount of the project for which the aid is requested is lower than the average annual investment volume of the last three years.

Technical solvency shall be deemed to be accredited when projects of similar or higher characteristics have been previously carried out in the last three years, or sufficient staff, in training and number, are available for the realization of the project.

The cause of failure to exceed this first stage will be notified to the interested parties, giving them a period of 10 days to make representations.

3. In the second phase, projects that have exceeded the previous selection criteria will be assessed according to the criteria set out in the Annex.

A score will be assigned to each assessment criterion that must reach at least the indicated threshold. Failure to comply with any of the thresholds will result in a total score of zero points, and will result in the rejection of the submitted application.

The score assigned to each assessment criterion will contribute in a weighted manner to the total project or performance note, which will be normalized between 0 and 10 points.

The total score obtained by the project or action must be at least 5 points. Any score below this minimum will result in the rejection of the application submitted.

4. The evaluation shall be carried out exclusively on the information provided in the questionnaire and on the project or performance. The voluntary improvements in the application will not be accepted as a competitive concession procedure.

5. In the case of applications with an equal score, account shall be taken, for the purpose of resolving the tie, of the score obtained criterion by criterion, in accordance with the order in which they are set out in the Annex, starting with the first until the Tiebreakers If the criteria have been exhausted and the tie is maintained, the application that has been submitted will take precedence.

6. For each line of action, the respective calls may establish the prioritisation of a minimum number of projects by Autonomous Community or City of Ceuta and Melilla in order to facilitate an appropriate geographical distribution.

7. Where the same area is included in more than one project of the same line of action, only the grant of aid for that area shall be proposed in the best-rated project. In case projects belonging to different lines of action are presented for the same area, the grant of aid for line A shall be prioritised for other lines and for line B in front of the C.

Article 22. Procedure instruction.

1. The authority responsible for the training shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be made, in accordance with the established in Article 24 of Law 38/2003 of 17 November.

2. The instructor, in the light of the report of the evaluation committee, shall formulate the motion for a resolution. This proposal will be published in the Aid Portal hosted by the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), and will consist of:

(a) Ratio of estimated claims, amount of aid, specifying its assessment and assessment criteria.

b) Relation of unsuccessful requests.

In accordance with Article 24 (4) of the General Law on Grants, the draft provisional resolution will be notified to interested parties through the Electronic Register of the Ministry of Industry, Energy and Tourism, (a) to ensure that within 10 working days from the date of notification of the notification they submit claims or communicate their acceptance, it being understood that they have failed to respond within that period.

3. Under the terms of Article 24 (4) of the General Grant Law, the arguments will be put forward and a final decision will be made which will be notified to the persons concerned who have been proposed as beneficiaries through the Electronic Registration of the Ministry of Industry, Energy and Tourism, so that within 10 working days from the date of its notification, they will communicate their acceptance, understanding that they will not be able to produce reply within that period.

4. Together with the communication of the acceptance to the proposed aid, they must prove the following conditions of obligation to be satisfied in order to be a beneficiary:

a) Compliance with tax obligations and Social Security.

b) Do not have debts for reimbursement of aid with the Administration.

c) Be aware of the repayment obligations of any other loans or advances previously granted from the General Budget of the State.

(d) Not to be in any of the prohibitions referred to in Article 13.2 of the General Grant Act, in compliance with the provisions of Articles 26 and 27 of the General Law of the Grants.

(e) not to have any other aid, revenue or resources granted for the concepts included in the project for which the aid is proposed, from any public or public or private, national or public authorities, European Union or other international bodies.

It is understood that it decays your request in the event of failure to accredit such compliance. If compliance with these conditions will already have the authority of the instructor, they should not be accredited again.

5. In accordance with Article 24 (6) of Law 38/2003 of 17 November, the proposals for interim and final decisions do not create any right to the administration in favour of the proposed beneficiary, while the beneficiary has not been notified of the grant resolution.

Article 23. Resolution.

1. The competent body shall, in the light of the proposed final decision, decide on termination of the procedure.

2. This decision, which shall be reasoned, shall terminate the administrative procedure and shall be published in the Aid Portal lodged at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es) within the maximum period of six months. counted since the publication of the call in the "Official Gazette of the State". The expiry of the said period without the express or the express notice of the interested parties to understand the application for aid, in accordance with Article 25 (5) of Law 38/2003, of 17 May November.

3. The resolution, in addition to containing the applicants to whom the aid is granted and the express dismissal of the applications to which no aid is granted, shall include the list of decaying and withdrawal requests.

4. In accordance with Article 26 of the General Grant Law, the resolution of the procedure will be notified to those interested through the Electronic Register of the Ministry of Industry, Energy and Tourism.

5. The aid granted shall be published in the Official Gazette of the State in accordance with Article 30 of the Regulation of the General Law on Subsidies.

Article 24. Modification of the grant resolution.

1. Projects with assistance granted shall be implemented in the time and form approved in the grant resolution. However, where specific circumstances arise which alter the technical or economic conditions taken into account for the granting of the aid, it may be requested to amend the granting decision to the same body as the decision. Any changes to the project will require simultaneously:

(a) that the change does not affect the objectives pursued with the aid, its fundamental aspects, the determination of the beneficiary, or damage to third parties ' rights. For such purposes, the change shall not be considered to affect the determination of the beneficiary where it is due to merger, absorption or division operations of the initially beneficiary undertaking.

b) That the modifications are due to overcome causes that could not be foreseen at the time of the request.

(c) The change is requested at least two months before the end of the project execution period and is expressly accepted.

d) That does not imply an increase in either the loan or the grant awarded.

2. The request for amendment, which shall be made in accordance with the provisions of Article 17 of this order, shall be accompanied by a memory setting out the reasons for the changes and justifying the failure to comply with the conditions laid down in this Article. imposed on the decision to grant and comply with the requirements set out in paragraph 1 above.

3. The body responsible for resolving the requests for amendment shall be the holder of the body which issued the decision granting the grant. However, minor amendments may be authorised by the body responsible for monitoring the aid. Minor amendments shall be construed as referring to:

(a) The extension of the time limits for implementation for a period not exceeding 25% of the initially granted period.

(b) The extension of the time limits for justification for a period not exceeding half of the initially granted period.

(c) Redistribution between items in the approved financial budget that do not affect more than 20 percent of that budget.

4. The maximum time limit for the resolution shall be three months, without exceeding the date of completion of the period in force for the implementation of the aid project. In the event of no resolution before the end date of the project, the decision to be issued may be refused only.

5. In duly justified cases, the body responsible for monitoring the aid may, without amending the decision granting the aid, admit increases of up to 20% in the concepts of aid related to the aid. Article 14 and which are included in the concession resolution, compensable with decreases in others, in such a way that the total amount of the aid is not exceeded and that it is established that they allow the achievement or improvement of the objectives foreseen in the project.

Article 25. Resources.

1. The decision of the procedure for granting aid, which ends the administrative procedure, may be appealed for in replacement within one month and before the same body which has issued it, in accordance with the provisions of the Articles 116 and 117 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Without prejudice to the foregoing, in respect of the decision of the procedure for granting the aid referred to above, within two months of the date of notification of that decision, an appeal may be brought before the Chamber of Administrative-administrative litigation of the National Court.

2. The interposition of the replenishment resources may be made before the Electronic Registry of the Ministry of Industry, Energy and Tourism in the terms expressed in this standard and in accordance with the provisions of the Order ITC/1515/2010, of 8 of June.

Article 26. Guarantees and payment of the aid.

1. In the case of aid in the form of a grant, beneficiaries shall not be required to provide guarantees.

2. In the case of aid in the form of a loan and prior to the payment of the aid, the beneficiary may be required to provide the guarantee, by means of the contribution by the beneficiary of the guarantee of the lodging of a guarantee to the General Fund of Deposits, in some of the modalities provided for in Royal Decree 161/1997, of 7 February, for which the Regulation of the General Deposit Box and in the Order of the Ministry of Economy and Finance of 7 January 2000, which develops the aforementioned royal decree, and with the requirements laid down in such rules.

The amount of the guarantee, the time limit for its contribution and the form of cancellation will be determined in the corresponding call for aid. This amount may not be less than 50% of the loan granted.

The failure to submit the guarantee to the competent body within the time limit set by the decision-making decisions will have the effect of withholding the payment of the aid, giving rise to the the application or, where applicable, loss of the right to recovery of the application if the applicant has previously been required by the instructor to that end.

The guarantees will be released in instalments as the loan repayment takes place and, where appropriate, once the amounts that may be matched have been reintegrated.

3. The payment of the aid shall be ordered once the grant decision has been given and in advance before 31 December of the year in which the aid is granted.

4. In any event, and without prejudice to the provisions of the second additional provision, payment of the aid shall be conditional on the existence of a record by the managing body that the beneficiary complies with the requirements laid down in this Regulation. order, as well as those referred to in Article 34 of the General Law on Subsidies, including: to be aware of the compliance with their tax obligations and in the face of social security, not to be a debtor by resolution of the origin of the refund and be aware of any other loans or advances previously granted from the General Budget of the State.

5. In the event that the situation of the beneficiary is not recorded in relation to the obligations set out in the preceding paragraphs, it shall be required, within the maximum period of 10 days, from the day following the notification of the request, to the appropriate certificates, responsible statements or information required. The non-contribution or non-contribution of the same shall result in the loss of the right to the recovery of the aid.

6. The loss of the right to recovery will entail the loss of entitlement to the aid.

Article 27. Justification for project implementation.

1. The justification for the aid shall be made by the beneficiary in accordance with the provisions of Chapter IV, Article 30 and successive, of Law 38/2003 of 17 November; Title II, Chapter II of the Regulation adopted by Royal Decree 887/2006, dated 21 July and with the provisions of the applicable regulations of the European Union's ERDF funds, in the event that the project is co-financed by those funds.

2. The form of justification adopted for the accreditation of the implementation of the project, the fulfilment of the conditions imposed and the achievement of the objectives set out in the decision to grant, shall be the justification for contribution of the expenditure and payment supporting documents, together with the auditor's report.

3. The supporting account shall contain an action memory, supporting the fulfilment of the conditions laid down in the decision to grant, and an economic memory, supporting the cost of the activities carried out. Notice of call may include instructions or guides for drawing up, as well as on any other aspect relating to the supporting documentation of the implementation of the project, as laid down in Article 72 of the Regulation approved by Royal Decree 887/2006 of 21 July.

4. The auditor's report shall be carried out by an auditor of accounts registered as an exercise in the Official Register of Auditors, in accordance with the provisions of Article 74 of the Regulation approved by Royal Decree 887/2006, 21 of July.

This report will be in accordance with the provisions of Order EHA/1434/2007 of 17 May, which approves the rule of auditors ' action in the conduct of the work for the review of the accounts of the grants. The purpose of this Regulation shall be to verify the adequacy of the beneficiary's supporting account, by checking the accuracy of the documents and the eligibility of the expenditure and payments contained therein, in accordance with the decision to grant them and, where appropriate, with the instructions or guidelines for the justification of the aid that have been included in the relevant call resolution. The auditor's report shall be submitted in electronic format, preferably electronically signed by the auditor, using the means and tools to be used by the auditor. The structure and content of the same may be specified in the call resolutions.

5. All the documentation necessary for the justification for carrying out the project referred to in the preceding paragraphs shall be submitted by means of the means referred to in Article 17 by the representative of the beneficiary within the maximum period of three months from the date of completion of the project as indicated in the grant resolution, unless a shorter time limit is set out therein.

6. Subsequent to the presentation of the documentation referred to in the preceding paragraphs, the verification actions corresponding to the body responsible for monitoring the aid shall be carried out. If, as a result of such verification, the eligible investment has been lower than the approved investment or that the conditions for granting the aid have been completely or partially breached, the person concerned shall be notified of that fact. together with the results of the verification carried out for the purposes of evacuation of the hearing procedure.

7. The hearing procedure, the body responsible for monitoring the aid granted, shall issue a certificate of proof of the degree of compliance with the obligations laid down in the decision granting the aid, with the amendments to that resolution which, if necessary, would have been approved. This certification shall be notified to the person concerned and shall serve for the initiation of the refund procedure, if applicable.

8. Where the total or partial recovery of the aid is appropriate, it shall be initiated in accordance with the provisions of Chapter II of Title II of Law 38/2003 of 17 November and Article 17 (5) of this order. The refund procedure shall include the processing of the hearing to the data subject.

Article 28. Check and control actions.

1. The aid beneficiary shall be obliged to provide the checks of the body responsible for monitoring aid with a view to verifying the performance of the activities covered by the aid, in accordance with the provisions of the grant of the same. The beneficiary shall also be subject to the financial control of the General Intervention of the State Administration and the audit control of the Court of Auditors in relation to the project.

2. In order to verify the performance by the beneficiaries of the subsidised activities, the body responsible for monitoring the aid shall draw up an annual plan of verification actions. This plan may include the use of sampling techniques and the form of selection, as well as the main aspects to be checked and the timing of its implementation. The selection of the sample shall take into account the concentration of the aid, risk factors and territorial distribution, as well as the provisions of Commission Regulation (EC) No 1828/2006 of 8 December 2006 on the concentration of laying down detailed rules for Council Regulation (EC) No 1083/2006 laying down general provisions for the European Regional Development Fund, the European Social Fund and the Cohesion Fund and Regulation (EC) No 1083/2006 laying down general rules for the implementation of Council Regulation (EC) No 1083/2006 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund.

3. The beneficiary shall ensure that the supporting documents referred to in paragraph 1 above are available to the bodies responsible for financial control for a period of at least five years from the certification issued. by the body responsible for monitoring aid, as referred to in Article 28 (7), unless a longer period of time is specified in the decision to grant aid to cover the three-year period from the closure of the operational programme to finance the project, as referred to in Council Regulation (EC) No 1083/2006.

4. In addition, in order to comply with the reporting obligations referred to in paragraph 3.4.k) of the European Union Guidelines for the application of State aid rules to the rapid deployment of broadband networks (2013/C 25/01), the beneficiaries shall provide, through the means referred to in Article 17, after the completion of the project and for the following three years, the following information relating to 31 December of each year: the date of entry into service, the wholesale access products offered, the number of end-users and service providers services used by the infrastructure to be supported, as well as the number of households to which it provides coverage and the rates of use. Beneficiaries will also be required to provide any additional information required by the European Commission.

Article 29. Advertising.

1. The advertising of the aid granted shall be carried out in accordance with the provisions of Article 18 of Law 38/2003 of 17 November.

2. Where the amounts of aid granted are less than EUR 3 000, the publication in the Official Gazette of the State shall not be required. In this case, the publication in the electronic headquarters of the Ministry of Industry, Energy and Tourism will ensure the publicity of the beneficiaries of the same, according to their special characteristics, amount and number.

3. In the publications, dissemination activities, websites and other results to which the project may take place, the Ministry of Industry, Energy and Tourism should be mentioned as a financial institution.

4. In addition, where the project is co-financed by the ERDF, the provisions of Articles 8 and 9 of Commission Regulation (EC) No 1828/2006 of 8 December 2006 on the responsibilities of beneficiaries shall also apply. concerning the information and publicity measures intended for the public and on the technical characteristics of the information and publicity measures for the operation, respectively.

Article 30. Non-compliance, reintegrating and sanctions.

1. Failure to comply with the requirements laid down in this order and other applicable rules, as well as the conditions which, where appropriate, have been laid down in the relevant award decision, shall give rise to the appropriate procedure. (a) the obligation to return the aid received and the interest for late payment in accordance with the provisions of Title II, Chapter I of Law 38/2003 of 17 November and Title III of its Rules of Procedure.

2. The provisions of Title IV of Law 38/2003 of 17 November of 17 November on cases of administrative infringements in the field of grants and public aid shall apply.

3. The offences may be classified as minor, serious or very serious in accordance with Articles 56, 57 and 58 of that Law 38/2003 of 17 November. The penalty for non-compliance is set out in Article 66 of the same.

Article 31. Graduation criteria for possible defaults.

1. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions for granting the aid, the amount to be reintegrated will be determined by the application of the following criteria:

(a) The partial default of the purposes for which the aid was granted, the realisation of the financial investment or the obligation of justification, will result in the partial recovery of the aid in the percentage corresponding to the investment not made or not justified.

(b) The implementation of amendments not authorised in the financial budget, with the exception provided for in Article 24 (5), shall entail the repayment of the aid corresponding to the quantities diverted.

c) The non-contribution of the three tenders in the cases provided for in Article 31.3 of the General Grant Act shall mean the reduction of the aid corresponding to the expenditure in question by at least 20%, unless the beneficiary demonstrates that the procurement has been done at market prices.

2. The total non-compliance of the purposes for which the aid was granted, the realisation of the financial investment or the obligation of justification, shall give rise to the reimbursement of all the aid granted.

3. After the deadline set for further justification, where appropriate, the extension granted without having been submitted, the beneficiary shall be required to be submitted within a period of 15 days. Failure to submit the justification within the time limit set out in this Article shall entail the requirement for the reimbursement of the non-justified aid and other responsibilities laid down in Law 38/2003 of 17 November.

4. The same proportion to the grant and the loan will be applied to the reduction of the aid in the grant and loan expenditure concepts.

Additional disposition first. Applicable rules.

1. In all the non-expressly provided for in this order, Law 38/2003 of 17 November and its Regulation, approved by Royal Decree 887/2006 of 21 July, Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and the Common Administrative Procedure; Law 47/2003, of 26 November, General Budget; Law 11/2007, of 22 June, of electronic access of citizens to Public Services, as well as the Royal Decree 1671/2009, dated November 6, partial development of Law 11/2007, of June 22, mentioned above. The provisions of the annual laws of the State General Budget will also apply. Similarly, Law 32/2003 of 3 November, General of Telecommunications and its implementing legislation, as well as the provisions of Royal Decree 1494/2007 of 12 November, approving the Regulation on the basic conditions for the access of persons with disabilities to the technologies, products and services related to the Information Society and the social media, as well as the other rules that apply.

2. In the case of projects co-financed with ERDF funds, the rules governing the Community Funds, inter alia, Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down the rules for the implementation of the general provisions concerning the European Regional Development Fund, the European Social Fund and the Cohesion Fund; Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Fund for the Regional Development; Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the development of the two previous regulations; and their development regulations.

Additional provision second. Authorisation of the European Commission.

The aid scheme regulated in this order has been notified to the European Commission in accordance with the provisions of Council Regulation (EC) No 659/1999 of 22 March laying down detailed rules for the application of the Article 93 of the EC Treaty. The aid granted under this order shall not be paid until such time as the European Commission has given a favourable opinion on the compatibility of the aid scheme in this order.

Single end disposition. Entry into force.

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

Madrid, June 18, 2013. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX

Request Assessment Criteria

Criteria

Score
1. Lower help per user benefit.	20	5
2. Degree of project definition and adequacy: -Geographical delimitation and characterization of the areas of action. -Adequation and sustainability of the chosen technological solution. -Contribution to increasing competition between operators.	16	4
3. Improved broadband availability: -Coverage increment. -Service delivery plans. -New capabilities contributed.	16	4
4. Economic and Financial Feasibility: -Business Plan Concrete. -Sensitivity Analysis of Demand Estimates. -Justification of the need for help.	12	3
5. Project execution, exploitation and communication plan: -Identification of phases and milestones. -Detail of activities and resources involved. -Commercial exploitation startup forecast. -Planned merchandising activities.	12
6. Socioeconomic impact: -Job creation. -Other socio-economic impacts.	8
	. Features of the wholesale access services.	8
8. Infrastructure utilization: -Cost savings for the use of public, own or third-party infrastructure operators.	8
	100