JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

This Law responds to the need to establish, for the first time in Spain, a basic legal framework containing the master lines to which the provision of the various forms of aid is to be adjusted. telecommunications, while clearly defining the roles and responsibilities of the Public Administration and the public and private sectors.

In this context, the dynamic nature of telecommunications must be highlighted because of its impact on all strata and sectors that make up the technological-industrial fabric of an advanced country. However, the dispersion and regulatory heterogeneity in this area has traditionally made it difficult to develop new services and expand others.

The Law, while trying to address the problems of the present, tends to lay the foundations for the future of our telecommunications, so that they are a fundamental piece of the technological and economic development of our country. To this end, the provision of telecommunications services is configured in a framework open to free competition and the incorporation of new services.

The Act is structured into four titles, eight additional provisions, four transitional provisions, one repeal, one final provision and one definition annex.

As a general principle, the Law configures telecommunications as essential services of state ownership reserved for the public sector, defining the public radio domain and ordering its use, establishing, the same time, the exclusion of certain services from such a scheme.

The Law also classifies telecommunication services in different groups, directing each of them specific articles, to the effect of differentiating the service that the user receives in each case and the legal treatment that is given to each other.

The law introduces into the provision of services the system of free acquisition of the terminals by the user provided that the terminal equipment that is connected to the corresponding points have obtained the certificates of approval and compliance with the appropriate technical specifications.

Novelty of the Law is the regulation of value-added services, which serve to meet new specific needs of telecommunications, singularly connecting with the information processing systems, which facilitate the expansion of this new market.

For the integrated planning of services, the rationalization of investments and the integrated operation of existing networks, the Government of the National Telecommunications Plan is expected to approve it.

Finally, the Advisory Board of Telecommunications is created as the highest advisory body of the Government in the field and the criteria for the formalization of a new contract with the National Telephone Company of Spain are established.

TITLE FIRST

General provisions

Article 1.

1. The purpose of this Law is the management of telecommunications and any communication by means of cables and radio communication, whose exclusive competence lies with the State, in accordance with Article 149.1.21 of the Constitution, in the framework of an integrated policy of the sector to ensure its planning, coordination and harmonious development.

2. Civil telecommunications services are designed to meet public and private needs for telecommunications by means of a uniform set of means with the appropriate technical and quality characteristics. fixed.

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

Article 2.

1. As provided for in Article 128.2 of the Constitution and in the terms of this Law, telecommunications have the consideration of essential services of State ownership reserved to the public sector, with the exceptions that set out in Articles 9, 10, 21 and 22.

2. Telecommunications services shall be organised in such a way that the secrecy of communications can be effectively ensured in accordance with the provisions of Article 18.3 of the Constitution.

Article 3.

The State shall ensure the extension and general use of public telecommunications services, in accordance with the available means and the conditions of delivery determined in the legislation in force.

Article 4.

In the regulation of the provision of telecommunications services, account shall be taken of the plans and recommendations agreed within the bodies of the International Telecommunication Union of the Economic Community. European and other international bodies, under the conventions and treaties of which Spain is a party.

Article 5.

1. Telecommunications services which carry out activities essential to national defence are an integral part of the national defence.

2. In accordance with the provisions of the national defense legislation, the Ministry of Transport, Tourism and Communications is the body of the State Civil Administration with competence to implement the national defense policy. in the telecommunications sector, under the coordination of the Ministry of Defense and in accordance with the provisions of this Law.

In the framework of civil defense functions, it is up to the Ministry of Transport, Tourism and Communications to study, plan, schedule, propose and implement how many aspects relate to the contribution of the Ministry to national defense in the field of telecommunications.

To this end, the Ministries of Defense and Transport, Tourism and Communications will coordinate the planning of the Armed Forces ' telecommunications system in order to ensure, as far as possible, the compatibility with civil services. They shall draw up precise technical coordination programmes to facilitate the harmonization, approval, coordination and use, joint or indistinct, of civil and military means, systems and networks in the field of telecommunications. The study and report of these subjects shall constitute the inter-ministerial bodies deemed appropriate, with the composition and competence to be determined by regulation.

3. In the field of civil protection, in its specific connection with telecommunications, the Ministry of Transport, Tourism and Communications will work with the Ministry of the Interior and the corresponding bodies of the Autonomous Communities with powers over that matter, as provided for in the civil protection legislation.

4. The centres, establishments and agencies concerned with telecommunications services shall be provided with the measures and systems of security, surveillance, dissemination of information, prevention of risks and protection to be determined by the Government, proposal of the Ministries of Defense, Interior or Transport, Tourism and Communications, within the scope of their respective competences, in situations of normality or crisis as in the cases contemplated by the Law of Civil Protection, by the Regulatory Organic Law of the States of Alarm, Exception and Site or in times of war.

Article 6.

1. The Administration shall encourage the participation of consumer and user associations in accordance with the General Law for the Defense of Consumers and Users. For these purposes, they shall be heard in the establishment of the general conditions of the contracts of undertakings operating under a monopoly.

2. The Administration shall keep users informed of the services provided by the telecommunications services which are available to them at any time, as well as their modifications.

3. The Regulation on the provision of each service shall establish the rights and duties of users, the dissemination and fulfilment of which shall be provided by the Administration.

Article 7.

1. It is for the State to manage, with its inherent powers of administration and control, the radio public domain, which shall be exercised subject to the provisions of the Treaties and International Agreements and taking into account the instructions and recommendations of the International Telecommunication Union.

2. In order to defend this public domain, and without prejudice to the radioelectric protection of facilities and the imposition of easements, provided for in the legislation in force, the Administration will establish regulations, within the limits that determine in the fourth additional provision, the limitations on ownership and easements necessary for the radio protection of the facilities of the Administration which are necessary for the control of the use of the spectrum radio. Such radio protection may also be granted to satellite earth stations, radio astronomy and astrophysics research stations and similar centres where it is necessary for the proper functioning of the public service or in the virtue of International Agreements.

3. The reservation of radio public domain in favour of one or more persons or entities other than public administrations shall be taxed with a fee for the protection, management, management and control of radio spectrum in the terms provided for in the additional provision novena.

4. The management and administration of the radio frequency spectrum and the allocation of radio frequencies correspond to the Ministry of Transport, Tourism and Communications. It is also up to this Ministry to verify the technical nature of radio emissions, the identification, location and elimination of harmful interference and the detection of infringements, irregularities and disturbances in the telecommunication systems.

The technical characteristics and operating conditions of equipment, apparatus and stations using the spectrum of radio frequencies, as well as the requirements to be met, shall be established. holders of the same.

In any case, the levels of radiation will not be in danger to public health.

Article 8.

The use of public radio broadcasting satellites is subject to international law. Its exploitation, in the field of Spanish sovereignty, is reserved for the State, which may carry it out in the form that is available by virtue of concerts with international organizations, or in any of the modalities of direct or indirect management provided for in this Law.

TITLE II

Civil Telecommunication Services

CHAPTER FIRST

Common Provisions

Article 9.

1. For the purposes of this Law, telecommunications services excluded from broadcasting, which are provided within the same private property, do not use the public radio domain and do not have an external connection, shall not have the consideration of a public telecommunications service, provided that the holder of the service and the user of the service are the same natural or legal person and no telecommunications services are provided to third parties.

2. In addition, security or intercom facilities which, without connection to external networks and without the use of public radio broadcasting, provide services to a public telecommunications service shall be excluded from the public telecommunications service. property or a community of owners.

3. The administrative authorisation for the operation of these services shall be deemed to be granted on a general basis. In any case the equipment, apparatus or systems which serve as a support for the services included in this Article must have the corresponding certificates of approval and compliance with the appropriate technical specifications, the procedure laid down in Article 29 of this Law.

4. The connection to external networks of the services and facilities referred to in the preceding numbers shall be carried out in accordance with the provisions of this Law for each type of service to which they intend to connect.

Article 10.

1. They shall not have the consideration of public telecommunications services, provided by means of telecommunications networks, installed by:

(a) Railway companies, provided that the networks and services are affected by the control of rail traffic.

(b) Companies for the production, transport and distribution of electrical energy, between their technical control offices and the centres which serve their industrial purposes, as well as between such centres and points of consumption, (a) the use of the electricity transmission and distribution network itself and the use of applications affecting the activity of these companies.

2. In order to enable these services to be maintained outside the consideration of public telecommunications services, it is essential that they be affected by the specific purposes set out in the preceding paragraph and intended for the exclusive use of the holder or service holders.

3. The establishment of such telecommunications services will, in any event, require the prior administrative authorization granted by the Ministry of Transport, Tourism and Communications in the form that is regulated.

For the granting of the authorizations, the prior report of the Government Delegation in the operation of the electrical system, if it is a production, transport and distribution of electric power companies, will be necessary.

4. The installation of other telecommunications networks by the abovementioned entities or by other entities shall be considered, for all purposes, to be regarded as a means of telecommunication networks for the added value of services falling within the meaning of Article 23, whose first four paragraphs shall apply to them in their entirety.

5. For the best coordination of telecommunications services, the State Administration may impose specific or additional technical conditions on the premises. It may also require the appropriate qualification and technical approval of undertakings carrying out installation and maintenance services.

The State Administration, for the purposes of providing the information necessary for coordination with the public telecommunications services, may determine the conditions required of the petitioners of the the administrative authorisations in relation to the projects and operating conditions of the facilities.

Article 11.

Official telecommunication services are considered to be established by official lines, systems or networks, which are understood by those of the State Administration that provide exclusive service to organs of the or to other public administrations under the conditions to be laid down in regulation.

Article 12.

1. Telecommunications services which, in any event, the State reserves for its exploitation, under direct management, by itself or by its Public Entes, through the competent bodies, according to their specific legislation, are the following:

-Radio services to help meteorology.

-Radio navigation aid radio services.

-Radio navigation aid for maritime navigation.

-Radio navigation aid for aerospace navigation.

2. The State, in the field of its powers, shall also operate the following telecommunications services:

-Natural resource exploration radio services.

-Space research radio services.

-Radio astronomy radio services.

-Services of relief and safety of human life at sea.

-Telecommunications, information and roadside assistance services.

-Those other characteristics similar to those listed and which, because they affect the security of human life, the security of the State or exceptional reasons of public interest, are established by Royal Decree.

With regard to these services, the State may make concessions under the conditions that will be determined.

3. The operators of the service referred to in the preceding paragraphs shall be responsible for the investment, operation and conservation of the networks necessary for the provision of the services of their competence, with the provision of the the same ones that guarantee the coordination and integration of this in the National Telecommunications Plan, all in the terms provided for in Article 28 of this Law.

4. The service holders may agree with the concessionaires of carrier or final telecommunication services to provide the partial or total provision of the telecommunications network necessary for a given service.

CHAPTER II

End Services and Carriers

Article 13.

1. Telecommunications end services are those telecommunication services that provide the complete capacity for communication between users, including the functions of the terminal equipment, and which generally require elements of switching.

They are part of these services, initially, the following: Urban, intercity and international telephone; automatic mobile telephone; mobile telephone or public correspondence aircraft; telegrams; telex; teletex; radiotelegraphic maritime mobile; telefax; burofax; datafax; videotex, and videotelefonic.

It may also be possible to include among the final telecommunications services those defined by the international telecommunication bodies competent to be provided on a universal basis, and in particular those which are define in the field of the European Economic Community for its coordinated introduction in all Member States.

2. The final telecommunications services are provided under a monopoly to the general public, to the holders of telecommunications services which do not have the status of public and to the value added service operators on the basis of the which are regulated to be determined.

The determination of the provision of each final telecommunication service in direct or indirect management shall be established by Royal Decree.

3. The Technical Regulation of each final telecommunication service referred to in Article 19 shall define the connection points to which the terminal equipment of the same shall be connected. This definition shall contain the full specifications of all the technical and operational characteristics to be met by the terminal equipment.

4. Terminal equipment, the functions of which shall be specified in the definition of each final telecommunication service, may be freely acquired from the operator or another entity or transferred by them by any other means. legal.

The Technical Regulations will establish the pace with which the full validity of the free acquisition of the terminals by the user will be achieved for each service. Exceptionally, some type of terminal may be maintained within the monopoly regime if this allows to better ensure the quality of the service, the safety of the network or the integrity of the service.

5. In order to connect terminal equipment to the connection points, whatever their ownership arrangements, it is a necessary condition that they have obtained the corresponding certificates of approval and compliance with the specifications referred to in point 3 of this Article, in order to ensure both the safety of the user and the proper functioning of the telecommunications network, all in accordance with the procedures laid down in Article 29.

Article 14.

1. Carrier services are the telecommunication services that provide the required capacity for signal transmission between defined network termination points.

In this type of services there are two modes:

a) Services using switched telecommunication networks to link termination points, such as data transmission by packet switching networks, by circuit switching networks, by the network Switched telephone or telex network.

b) Services using non-switched telecommunication networks. It belongs to this group, among others, the circuit rental service.

2. The services defined in paragraph 1 (a) of this Article are provided to holders of telecommunications services which do not have the status of public and to the operators of value added services, or to the general use of such services. terms that are regulated to be determined.

3. The services referred to in paragraph 1 (b) of this Article are provided to institutions with added value services which have the corresponding enabling title, in accordance with the provisions of Article 22, in terms of rules are determined.

4. The network termination points referred to in the definition of carrier services shall be fully specified in all their technical and operational characteristics in the relevant Technical Regulations referred to in the Article 19 of this Law.

The user may connect to the network termination points any equipment or equipment of his or her property, leased or transferred by any other legal title valid by the operator of the carrier service or by another entity, provided that it has the corresponding certificates of approval and compliance with those specifications, in order to ensure both the safety of the user and the proper functioning of the telecommunications network to be connected, all in accordance with the procedures set out in the article 29.

5. Carrier services are provided under a monopoly by direct or indirect management by entities which are themselves operators of final telecommunications services, with the exceptions of the following paragraph, under the conditions laid down in the determine in the Technical and Delivery Regulations of each Service.

The carrier services that are used as support for broadcast services or for the transmission of images are exploited by direct management of a public entity which is assigned by Royal Decree the provision of these services. services or indirect management through an entity holding the final telecommunication services, subject to the corresponding administrative concession.

The enabling title for the provision of these services must specify each of them, not being valid a generic grant.

Exceptionally, more than one of these entities may be authorised to exploit equivalent services if they have excess installed network capacity; in order to improve the profitability of the holding. The mandatory interconnection of networks for the use of such capacity may also be established, all in the field of the provisions of Article 28 of this Law.

Article 15.

1. In the indirect management of the carrier and final telecommunications services, the law of State contracts on the system of the public service management contract shall apply.

2. In addition to the conditions which are determined to be determined, the concessionaire must have Spanish nationality. If it is a legal person, foreign participation in its capital, either directly or through subsidiaries, will be subject to the provisions of the law on foreign investments in specific sectors and, in no case, participation in the Foreign currency may exceed 25 per 100 of the capital.

3. In the granting of public services referred to in this article, the following rules shall apply:

(a) The maximum duration of the concession shall be thirty years.

(b) The exploitation by indirect management and monopoly regime will require the figure of the Government Delegate in the Concessional Entity, whose powers will be regulated and will include, in any case, the right of veto for reasons of public interest in relation to the concessionaire's agreements.

(c) Untransferability of the concessions and prohibition of subcontracting the benefits included in the concessions, with the exceptions that are regulated.

(d) The granting of such public services may entail the obligation to satisfy the Administration of the annual fee to be determined, which shall be determined on the basis of the percentage of gross receipts operating, without in any case being able to exceed 1 per 1,000 of those income.

Article 16.

1. The provision of the carrier services and the final telecommunications services shall, in general, comply with the following principles:

a) The coverage area will be the entire Spanish territory. However, if the technical constraints, the availability of resources, the penetration of new services or facilities or other similar circumstances require this, exceptional and transitional points or areas may exist. covers.

b) Uniform service quality margenes in their coverage scope.

c) Compatibility between the different generations of teams of the same service to ensure their delivery without continuity solution.

d) Possibility of access to a particular service mode of all terminal equipment that can be legally connected to it.

e) Possibility of exchange and sending of communications, for services that allow such uses, without other limitations than those imposed by laws, by judicial resolution or that are a consequence of contractual non-compliance severe or repeated by the user or subscriber.

f) Guarantee of the secrecy of communications, in accordance with the provisions of Article 18.3 of the Constitution.

g) Application of homogeneous rates to equivalent services. The tariffs will be approved by the Government on a proposal from the Ministry of Transport, Tourism and Communications and will be inspired by the joint weighting of the following criteria:

-Accessibility of public services to the use of citizens on fair and reasonable conditions.

-Adequation to the real costs of services, including the amortization of facilities.

2. In particular, all citizens will have the right to access the telephone service, both in their public telephone mode, and in their home, to which the appropriate mechanisms will be put in place to ensure that the this right can be made effective throughout the national territory, as soon as possible.

Article 17.

1. The operation of carrier services or final telecommunications services shall be the right to establish the network and infrastructure necessary for the provision of such services, in the field of the conditions laid down in Article 28 of the Treaty. This Law.

In this sense, the different urban planning instruments of the territory will have to take into account the installation of telecommunication services, to whose effect the Authority responsible for its drafting will obtain from the Administration the timely information.

2. The holding of carrier services or final telecommunication services shall be carried out by the authority of occupation of the public domain as required by the installation of the infrastructure of the public service concerned. In each case the corresponding authorization will be granted by the Ministry of Transport, Tourism and Communications prior to the following requirements:

(a) Presentation of the appropriate technical project for approval by the competent authority of the Ministry.

b) Favorable report of the competent authority of the Public Administration of the affected domain.

In the case of authorizations for use of the municipal public domain, the following article will be available.

3. The operation of carrier services or final telecommunications services shall involve the declaration of public utility, for the purposes of the legislation on compulsory expropriation, the special procedure being applicable urgency established in Article 52 of the Compulsory Expropriation Act, provided that the following requirements are met:

(a) Approval of the appropriate technical project by the competent authority of the Ministry of Transport, Tourism and Communications.

b) Statement of public utility in each specific case, which will correspond, in the case of exploitation by indirect management and monopoly regime, to the Government Delegate in the concessionary entity. They shall have the status of beneficiaries of the expropriation, for the purposes referred to in Article 2 of the Compulsory Expropriation Act, the entities operating the services referred to in this Article.

Article 18.

1. Authorizations for the use of municipal public domain, as referred to in the previous article, shall be granted in accordance with the provisions of the Local Regime legislation.

2. The underground pipeline shall be mandatory where it is established in a duly approved urban planning instrument.

In the urbanizable soil, the acting urban organ or the owner of the urbanization will be obliged to compensate for the higher cost of the underground pipeline that is imposed on the managing body of the service telecommunications, which may in turn pass on this cost to the final recipient.

In urban land, where under the rules referred to in this Article, the managing body is obliged to carry out underground channelling works, the higher cost of the latter shall be borne by the entity in the following proportions:

(a) 90 per 100 in the case of buildings or land that integrate the Spanish Historical-Artistic Heritage, in accordance with its specific legislation or land in capital of provinces or municipalities of more than 50,000 inhabitants, classified as urban land in the corresponding General Plan and who have all the services referred to in Article 78 of the recast of the Law on Soil and Urban Planning.

(b) 60 per 100 in the municipalities referred to in the preceding paragraph, where the installation must be carried out on the ground which, still classified as urban, does not have all the services mentioned in the above mentioned Article 78.

(c) 60 per 100 in the case of buildings or urban assemblies which are more than one hundred years old and which have a special historical interest or land in municipalities of less than 50,000 and more than 20,000 inhabitants, classified as urban land in the corresponding General Plan, and who have all the services referred to in Article 78.

d) 30 per 100 in the municipalities referred to in the preceding paragraph, where the installation must be carried out on urban land which does not have all the services identified; or in municipalities of less than 20,000 and more than 10,000 inhabitants, provided that the urban land is equipped with all the services.

e) 20 per 100 in urban land qualified as such in a General Planning Plan and not included in any of the above.

Article 19.

For the operation of the carrier services and the final telecommunication services, the approval of the corresponding Technical and Service Regulations of the Services will be required.

Such regulation should regulate in particular the following aspects:

a) Defining the network termination points of the carrier services and the connection points of the final services, as well as the terminals which, exceptionally, are an integral part of these.

b) Establishment of the characteristics and procedures to be followed to connect the approved terminals to the service through the connection points or the corresponding network termination points.

(c) The general public service provision scheme in respect of obligations relating to the provision, maintenance obligations, time limits for installation and coverage of the service, as well as contractual obligations between the user and the service explorer, a regulation which may not contain forecasts which result in an imbalance position, to the detriment of the user, between the rights and obligations of the parties.

CHAPTER III

Value Added Services

Article 20.

1. Value added services are the telecommunications services which, not being broadcast services, and using as support services carriers or final telecommunication services, add other facilities to the service support or satisfy new specific telecommunications needs such as, inter alia, access to stored information, to send information or to carry out the processing, storage and retrieval of information. The same consideration shall be given to services using their own network under the conditions of Article 23.

2. Without prejudice to the provisions of Article 24 (4), the value added services are provided on a concurrency basis. Their holding may be carried out by holders of carrier services or final telecommunication services and by any natural or legal person in accordance with the terms set out in this Law.

Article 21.

Value-added services which they use as support exclusively for final telecommunication services or for services carrying the services defined in point 1 (a) of Article 14 shall not be considered as a service public. The administrative authorisation shall require prior notification of the commencement of the operation to the Ministry of Transport, Tourism and Communications. The authorization shall be deemed to have been granted for the period of one month without any express administrative decision; in no case shall the administrative silence be construed as having powers contrary to the provisions of the Legal Order.

Article 22.

1. The indirect management of value added services using as a support services that carry the services defined in point 1 (b) of Article 14 shall require administrative concession.

2. However, where in the services referred to in point 1 of this Article, the holder and the user of each service are the same natural or legal person and are not provided to third parties, their holding shall require authorisation. administrative.

3. The Administration shall determine the requirements for the petitioners of these concessions or administrative authorizations.

Article 23.

1. Value added services requiring the installation of telecommunications networks other than those of the holders of the final services and carriers shall, in any event, require an administrative concession, which may not be granted if they exist. carrier services or final telecommunication services which may replace the special telecommunications network proposed by the applicant to the concessionaire.

2. The establishment of carrier services or final telecommunication services which may be an efficient substitute for the special telecommunications network established shall be the cause of extinction. The Administration shall establish a period of time during which the concessionaire may continue the operation of its network to allow its amortisation, after which the concession shall be deemed to be revoked.

3. The operation of these services may be carried out by any natural or legal person without more limitations than those established in the Laws and with the conditions established for the concessionaires of service carriers and services. (a) the end of the telecommunications service referred to in Article 15 of this Law, which shall apply to this case in its entirety, with the exception of point (b) of the third paragraph.

4. For the best coordination of telecommunications services, the Administration may impose specific or additional technical conditions on the premises. It may also require the appropriate qualification and technical approval of undertakings carrying out installation and maintenance services.

5. The Administration shall approve the Technical and Service Regulations of the Services, as well as the required documentation that will include the technical projects and operating conditions of the facilities.

Article 24.

1. In any event, the entities operating the value-added services will be obliged to comply with the specifications of the connection points of the final telecommunication services and the network termination points of the services. carriers that use. To this end, the equipment connecting to those connection points and network termination points shall necessarily have to have obtained the corresponding approval and compliance certificates for the above specifications in order to ensure both the safety of the user, such as the proper functioning of the telecommunications network. This obligation is extended to all the teams belonging to the special telecommunications networks referred to in Article 23.1.

2. The value added services referred to in Articles 22 and 23 shall not be authorised or granted where the service intended to be operated constitutes a final telecommunications service which is already in operation, excluding the video game, or a carrier service or a broadcast service.

3. Value added services that are provided to third parties must offer some characteristic that differentiates them from the service support they use, not being allowed in any case the simple cession of the service support. The technical conditions of supply may be laid down for each service, and in any event the maximum value which the quotient may achieve as a result of dividing the annual amount of the costs of the carrier services used by the the revenue from the operation of the service.

4. Exceptionally, the Government may exclude certain value added services from the operating system in concurrency when any of the following circumstances arise:

(a) That there is no private initiative in the legally established conditions for the provision of a service deemed to be of interest.

b) That the ideal sizing of the business means in fact the impossibility of concurrency.

c) That the public and social interest in the extension of the service provision so advise.

Public telecommunications service concessionaires may be required to provide the services referred to in this paragraph.

5. The Ministry of Transport, Tourism and Communications shall ensure that the operators of carrier services or final telecommunications services which in turn offer value added services in concurrency, ensure that it is respected. the principle of neutrality in relation to the conditions for the provision of services of value added services. To this end, such operators, in addition to other requirements which will be established in regulation, must establish separate accounts between their activities subject to the tariff regime approved by the Government and its activities in concurrency, as well as requesting prior authorisation for the joint exploitation of value added services with other entities.

6. The Ministry of Transport, Tourism and Communications shall establish a Central Register of value added services, in which all the data that is regulated shall be entered, both in respect of the operator of the service and of the the conditions and characteristics of the same.

7. Value added service operators shall be obliged to ensure the secrecy of communications and the principle of non-discrimination of any potential service user provided that they are within the coverage area. of the same and sufficient facilities are available for this, all without prejudice to what is established by the General Law for the Defense of Consumers and Users.

CHAPTER IV

Broadcast services

Article 25.

1. Broadcasting services are telecommunication services in which the communication is carried out in a single sense to several reception points simultaneously. The provision under indirect management of these services will require administrative concession.

2. Television shall always be regarded as a broadcast service and may in no case be provided as a final service or an added value.

Television is understood as the form of telecommunication that allows the emission or transmission of non-permanent images, by means of electromagnetic waves propagated by cable, by satellite, by space without artificial guide or by any other means.

Without prejudice to the provisions of this Law, the legal status of television shall be governed by its specific legislation.

3. Television shall not be considered to broadcast or transmit images made by installations without connection to external networks and without using the public domain, to provide service in a vehicle, in a building or in a community of owners constituted in accordance with the provisions of Law 49/1960 of 21 July, or in an urban block of adjoining farms.

Likewise, the mere reception of images for transmission, carried out under the same conditions listed in the preceding paragraph, shall not be considered as television, which shall be governed by the provisions of the legislation of collective antennae; the transmission of images by the final video-telephone service referred to in Article 13 of this Law.

4. Operators of broadcast services may additionally provide value added services such as, inter alia, telext, fixed image with sound and facsimile broadcasting, provided that they use their own services as a support dissemination and in the terms that are established in the respective Technical and Service Regulations of the Services. The provision under indirect management of these services will require the prior administrative concession of these services.

5. For any video conferencing service and for any transmission of images, sounds or texts to production sites with the exception of mobile links, or from production sites to emission or distribution centres; or any other type of carrier which requires dissemination services for the transmission, emission or distribution of the corresponding signals shall be used for the carrier services as defined in Article 14.

In the event that the holder of the broadcasting service requires specific telecommunication networks or issuers to fully or partially address their transmission, emission or distribution needs, the following shall apply to them: the arrangements for value-added services required by the installation of a specific network, as laid down in Article 23. The coordination of these networks shall be in accordance with Article 28.

6. The Government will approve the corresponding Technical and Service Regulations of the Broadcast Services Service.

Article 26.

It will be of specific application for the following sound broadcasting services:

1. Short-wave and long-wave radio broadcasting services shall be operated directly by the State or its public authorities.

2. The average wave radio broadcast services may be operated in concurrency, in the following ways:

a) By direct management of the State or its public entities.

b) By indirect management by state administrative concession through natural or legal persons.

3. Sound broadcasting services in metric waves with frequency modulation may be exploited, in concurrency, by any of the following:

(a) Directly by the Public Administrations or their public entities with competence in the field, in accordance with the legislation on social media, and indirectly through administrative concession by the public authorities. local corporations.

b) By indirect management by administrative concession through natural or legal persons.

4. The implementation of the public services referred to in this Article shall be carried out in accordance with the National Technical Plans, approved by the Government, which shall be drawn up by the Ministry of Transport, Tourism and Communications for the entire Spanish territory.

5. Concessions for the indirect management of sound broadcasting services shall be granted by the Government, excluding concessions for radio broadcasting services in metric waves with frequency modulation to be granted by the Government. Autonomous Communities with competence in the field of social media.

6. In any event, prior to the commencement of the provision of a service, both in direct and indirect management, the approval by the Ministry of Transport, Tourism and Communications of the relevant authorities will be essential. projects or technical proposals of the facilities and the inspection of the facilities, as well as the approval of the relevant Technical and Service Regulations.

TITLE III

From the Telecommunications Administration

Article 27.

1. The State Administration shall exercise the telecommunications powers provided for in this Law and shall be developed by regulatory means, on a proposal from the Ministry of Transport, Tourism and Communications and other Ministries in the field of their specific competencies.

2. It is for the Government to approve the National Telecommunication Plan, referred to in Article 28.

3. It is for the Ministry of Transport, Tourism and Communications, in coordination with the Ministry of Foreign Affairs, the proposal of the policy to be followed and participation in international telecommunications organizations, as well as the relations with national bodies and entities in the field of international telecommunications.

Article 28.

1. The Ministry of Transport, Tourism and Communications has the power to propose the development and development policy of the public telecommunications services and their associated networks, as well as to ensure the execution of the same.

2. The Ministry of Transport, Tourism and Communications shall ensure the coordination and interconnection of existing telecommunications and infrastructure networks under the conditions laid down by the Ministry in such a way as to ensure the optimal provision of services and investments are streamlined. The set of public telecommunications services shall appear to the user as an integrated network, irrespective of whether there is more than one entity providing them.

The Ministry will establish the instruments that will enable the operators of carrier services, final telecommunication services and broadcasting services to have their own network of cooperation and interconnection necessary for that purpose.

3. In order to ensure an integrated planning of the services, the Ministry of Transport, Tourism and Communications will, in coordination with the competent State bodies, submit to the Government for approval, and will ensure the implementation of the National Telecommunication Plan, which will set out, in a multiannual framework, the development and extension of networks and services as well as the introduction of others, all in the context of promoting the progressive integration of networks The Commission has also been in the process of implementing the In any case, it must be ensured that the introduction of these technologies does not distort the provision of pre-existing services, both in terms of functional and economic aspects.

4. In the preparation of the National Telecommunications Plan, the operators of the carrier services, the final telecommunication services and the broadcasting services which have their own network will collaborate. These entities shall, in turn, draw up, submit to the approval and implement their own plans to develop the part of the National Telecommunications Plan. All investments made by these or other entities in the telecommunications networks shall be authorized by the Ministry in the form that it is determined to regulate.

5. It is up to the Ministry of Transport, Tourism and Communications to draw up and propose the approval of the Technical and Service Regulations. The proposal will be jointly with the competent department in each case when the Technical and Service Regulations of the Services refer to those mentioned in Article 12 of this Law.

6. They also correspond to the Ministry of Transport, Tourism and Communications, in the terms of this Law, the competences in terms of concessions, authorizations and administrative licenses of the apparatuses, stations, systems and services Telecommunications civilians.

7. The State Administration shall encourage the development of specific programmes of action and agreements with the concessionary entities of the final telecommunications services or broadcasting services which have their own network and the public authorities. (i) the development of telecommunications services and the development of telecommunications services. Such agreements or programmes shall establish the framework and conditions under which relations between the parties will be developed. The State Administration shall determine the manner and time when the resulting infrastructure will be integrated into the assets of the operator.

Article 29.

1. It is up to the Government, on a proposal from the Ministry of Transport, Tourism and Communications to define and approve the technical specifications to ensure the efficient operation of telecommunications services and networks, as well as the appropriate use of radio spectrum in relation to equipment, appliances, devices and systems of any nature which:

-Use radio frequency spectrum.

-They can connect to or send signals to public telecommunication networks.

-Be affected by value added services, or

-They can disturb the normal operation of a telecommunication service.

2. Corresponds to the Ministry of Transport, Tourism and Communications:

a) Exorder the corresponding certificate of compliance with those specifications.

b) Approve the manner in which the tests are to be performed for testing.

3. Without prejudice to the above numbers, the Ministry of Industry and Energy shall exercise the powers conferred on it by the legislation in force in the field of standardisation and type-approval.

The government will regulate the appropriate instruments to ensure the coordination of the respective actions.

4. The technical specifications of the equipment, apparatus and devices used by the Armed Forces shall be determined by the Ministry of Defence and shall be compatible with the public telecommunications networks in order to enable their connection, in the terms referred to in the third subparagraph of Article 5 (2).

5. For the import, manufacture in series, sale or exhibition for the sale of any apparatus, equipment, device or system it will be necessary to have previously obtained the certificates of approval and compliance of the technical specifications referred to in the above points.

Article 30.

Corresponds to the Ministry of Transport, Tourism and Communications in the field of current legislation, and in coordination with the relevant research and development agencies:

(a) Develop, manage and, in your case, implement the Department's own Sectoral Research and Development Programs, in the field of telecommunications, within the framework of the Law of Promotion and General Coordination Scientific and Technical Research.

b) To promote, in conjunction with other departments, the Spanish participation in the international research and development programmes in the field of telecommunications through the Inter-Ministerial Commission of Science and Technology, within the framework of the Law on the Promotion and General Coordination of Scientific and Technical Research.

c) Propose the policy to be followed to ensure the proper planning of telecommunication services.

d) Encourage the introduction of an appropriate prototype policy.

TITLE IV

Inspection and sanctioning regime

Article 31.

1. It will be the responsibility of the Ministry of Transport, Tourism and Communications to implement the sanctioning regime and to inspect the civil telecommunications services, appliances, stations and systems.

2. The officials of the telecommunications inspection shall have in the exercise of their duties the consideration of public authority, for all intents and purposes and may request, through the civil governors, the necessary support from the Forces and State Security Bodies.

The holders of the services and activities referred to in this Law shall be obliged to provide the inspection staff in the performance of their duties, the inspection of the equipment and facilities and of the number of persons involved. documents, permits or licenses are required to carry or possess.

Article 32.

1. The administrative responsibility for infringements of the rules for the management of telecommunications shall be:

(a) In offences committed on the occasion of the provision of services covered by concession or administrative authorisation, to the natural or legal person holding the concession or authorisation.

(b) in offences committed on the occasion of the provision of services, without the coverage of the corresponding administrative title, to the natural or legal person who carries out the activity or, in the alternative, to the person who has the availability of equipment and facilities for any valid legal title.

(c) In the case of infringements committed by users or, in general, by third parties who, without falling within the above paragraphs, carry out activities which are affected by the legislation governing the telecommunications to the natural or legal person to whom the infringement is addressed or to which the relevant rules specifically attribute responsibility.

2. The administrative liability shall be required of the persons referred to in the preceding paragraph, without prejudice to the fact that the persons concerned may deduct the actions against the persons to whom they are materially imputable. violations.

Article 33.

1. Infringements of the rules on the management of telecommunications are classified as very serious, serious and minor.

2. Very serious violations are considered:

(a) The performance of activities or benefits without an enabling administrative title, where legally necessary, as well as the use of radio frequencies without authorisation or other than those authorised, except in the cases referred to in point 3 (a) of this Article.

(b) the installation of non-approved terminals or equipment which does not have the certificate of compliance with the technical specifications referred to in Article 29, which produces very serious damage to the network of telecommunication.

c) The deliberate production of interference defined as harmful to the International Telecommunications Convention.

d) Refusal to be inspected or obstruction and resistance to administrative inspection.

e) Failure to comply with the essential conditions of public telecommunications service concessions.

(f) The commission, within one year, of two or more serious infringements, sanctioned by final decision.

3. Serious infringements shall be considered:

(a) The provision of telecommunications services which do not have the character of a public without an enabling administrative title, where this is specifically required under this Law, or the lack of notification when is mandatory, as well as the use of radio frequencies without authorisation or other than those authorised.

(b) Failure to comply with the conditions of public telecommunications service concessions, unless it is to be considered as a very serious infringement as provided for in the preceding number.

(c) The import, manufacture in series, distribution, sale or exhibition for the sale of equipment or apparatus which does not have the approval certificates and compliance with the technical specifications to be established agreement with this Law or resulting from the international agreements or agreements signed by Spain on standardization and approval, as well as the lack of notification of the change of ownership thereof when it is mandatory.

(d) the installation of non-approved terminals or equipment which does not have the certificate of compliance with the technical specifications referred to in Article 29, causing serious damage to the network of telecommunication.

e) The alteration or manipulation of the technical characteristics of the equipment or apparatus, as well as their marks, labels or signs of identification.

(f) Changes of site or radio characteristics of the stations of this nature without the corresponding authorisation.

g) Non-compliance by the collaborating entities with regard to the standardisation and approval of technical prescriptions and authorisations or concerts which are regulated for their operation.

h) The installation, under operating conditions, of radio stations, without a license or administrative authorization when legally necessary.

i) The mere production of harmful interference as defined in the International Telecommunications Convention, which are not covered by paragraph 2 of this Article.

j) The issuance of false or misleading identification signals.

k) The commission, within one year, of two or more minor infractions, sanctioned by final resolution.

l) Any other infringement of the rules on the management of telecommunications which would result in a serious breach of the obligations of providers and users of telecommunications services, unless it is to be considered as very serious in accordance with the provisions of paragraph 2 of this Article.

4. Minor infractions are considered:

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

b) The mere production of non-admissible interference that should not be considered to be a very serious or serious fault.

(c) Not to provide the data required by the Administration when they are due in accordance with the provisions of the telecommunications regulatory regulations.

d) Carage of the mandatory tariff tables when their display is required by the regulatory regulations of the telecommunications.

e) The treatment inconsiderate with the users. The infringement referred to in this paragraph shall be qualified in accordance with the cases referred to in this paragraph by the rules on consumer and user rights.

(f) Any other infringement of the rules on the management of telecommunications which would result in a breach of the obligations of providers and users of telecommunications services, unless it is to be considered as serious as referred to in point 3 of this Article.

Article 34.

1. Minor infractions will be punishable by a warning or fine of up to 50,000 pesetas, the serious ones with fines of up to 1,000,000 pesetas, and the very serious ones with fines of up to 10,000,000 pesetas.

In any event, the amount of the penalty imposed, within the limits indicated, shall be graduated in accordance with the number of infringements in relation to the peculiar characteristics of the activity concerned, and with the social impact of the same.

2. The penalties imposed for offences referred to in paragraph 2, (a), (2), (b), (3), (c), (3), (d) and (3) and (e) of Article 33 may lead to the seizure of equipment and equipment seized from the infringer.

3. Very serious infringements, due to their circumstances, may result in the final revocation of the administrative title of the service provided by the infringer.

The provisional suspension of the title and the provisional closure of the facilities may also be agreed, for a maximum period of six months, as a measure of assurance of the effectiveness of the final decision to be taken.

4. In the infringements provided for in Article 33 (2) (a) and (3) (a), in addition to the corresponding penalty, the offender shall be obliged to pay the fees which he would have been obliged to pay if he had been authorized.

5. The Government is empowered to update, by means of Royal Decree, the amount of penalties provided for in the light of the changes in the consumer price index.

Article 35.

1. The offences covered by this Law are prescribed at three, six or twelve months, in the case of minor, serious or very serious infringements, respectively, if the time limit has not been notified to the offender before the opening of the proceedings. of the appropriate sanctioning case against the same.

Having begun the instruction of the file within the prescribed time limits, the infringements prescribe if the actions suffered a stoppage for longer than three months for cause not imputable to that one, being told period between two consecutive proceedings or proceedings which are legally or legally necessary for the resolution of the file.

In the case of continued infringement, the limitation period will not begin to be counted until the time the offending activity is stopped.

2. The time limit for the limitation of infringements shall be interrupted, in any event, where action is to be taken, which must be expressly stated in the file, with the aim of identifying the identity or domicile of the accused or any other person. circumstance necessary for the effectiveness of the sanction.

3. They shall be prescribed within one year from the date on which the decision on which they were imposed is signed, the penalties which have not been made effective within that period.

4. The limitation period for the penalty shall be interrupted by the action for enforcement or the commencement of enforcement of the penalty.

Article 36.

1. The power of sanction shall be the responsibility of the Minister for Transport, Tourism and Communications in the case of very serious infringements, the Secretary-General of Communications in the case of serious infringements and the Director-General of Telecommunications in the case of minor infringements.

2. Such competence shall be without prejudice to the sanctioning powers which correspond to the Autonomous Communities in the cases of administrative concessions relating to sound broadcasting services in metric waves with modulation of frequency referred to in Article 26, 5 of this Law.

ADDITIONAL PROVISIONS

First.

1. Within one year of the entry into force of this Law, the Government shall establish the First National Telecommunication Plan.

2. In developing the provisions of Article 28 of this Law, the Plan will have as a horizon the progressive integration of telecommunications networks, in the first place, towards a digital network of integrated, narrow-band integrated services. essentially, in the evolution of the current switched telephone network and, secondly, towards integration compatible with the longer term achievement of a digital network of integrated broadband services. All this in accordance with the recommendations of the International Telecommunications Agencies.

3. The Plan shall fix at least the following:

a) Temporary Vigency of the same.

b) Objectives, including:

-Levels of extension of public telecommunications services to rural and urban areas.

-The introduction of new services program.

-Calendar of integration and coordination of networks and services.

-Introduction of digital techniques in networks.

-Space Telecom.

-Integrated services digital network pilot experiences.

(c) In relation to the objectives identified, the determination of the means, funds, calendars and rights and obligations of the managers of public telecommunications services that are necessary for the realization of the Plan.

Second.

1. It is entrusted to the Government that, within one year of the entry into force of this Law, it will formalize a new contract with the Spanish National Telephone Company. The contract shall determine the carrier and end-of-telecommunications services for which the holding is granted to the Company.

2. During the term of the contract, new services awarded in accordance with the provisions of this Law may be included in the concession. The expiration date of your concession will be set for the services initially granted.

3. The concession will be subject to the Law of Contracts of the State, to this Law and to the rest of the legal order, except in the regime of the expropriations and imposition of easements of which the National Telephone Company of Spain is The beneficiary is a beneficiary of the concessionary services and final telecommunication services, which will be subject to the special urgency procedure, as laid down in Article 52 of the Compulsory Expropriation Act, with the following Peculiarities:

(a) The declaration of public utility for each specific case shall be the responsibility of the Government Delegate in the Spanish National Telephone Company, upon presentation by the Company of the appropriate projects. adjusted to the corresponding technical specifications.

(b) For the purposes indicated, all the works and facilities necessary for the provision of the monopolized services carried out by the Company, corresponding to duly technical projects, are declared urgent. authorized.

4. The participation of national capital will in no case be less than 75 per 100 of the share capital in the Spanish National Telephone Company.

5. The Spanish National Telephone Company may operate value-added services, on a concurrency basis, in the terms set out in this Law.

The Spanish National Telephone Company must present separately in its accounts and balance sheets for each financial year the activities related to the services it provides under the monopoly of those operating under the scheme. in addition to other requirements which may be imposed to ensure neutrality in relation to the provisions of Article 24, 5.

The Spanish National Telephone Company shall, in its accounts and balance sheets for each financial year, separately present its industrial activities which it carries out in itself or by subsidiary companies other than those previously cited.

6. In accordance with the Law on Contracts of the State and in this Law, for the most efficient and most accurate compliance with the contract, a Government Delegate will be appointed in the Spanish National Telephone Company, the powers of which are to be regulated. In any event, those powers shall include the right of veto for reasons of public interest in the light of the agreements of the managing body, as well as the powers conferred on the Ministry of Transport, Tourism and Communications in Article 28. in respect of investments and the execution of the plans of the Spanish National Telephone Company.

The Government Delegate will be attached to the Ministry of Transport, Tourism and Communications.

7. At the time of the formalization of the new contract it will be without effect the currently in force, approved by Decree of 31 October 1946.

Third.

1. The Telecommunications Advisory Board, chaired by the Minister of Transport, Tourism and Communications or the person in whom the delegate is appointed, is hereby established as the Government's top advisory body on telecommunications.

2. The functions of the Council shall be the study, deliberation and proposal in matters relating to telecommunications, as well as to inform the cases which the Government requests or which are addressed on its own initiative by the Council.

3. The Government shall establish the composition and operating arrangements of the Telecommunications Advisory Board, the members of which shall represent the Administration, the users, the telecommunications service providers, the industries manufacturers of telecommunications equipment and the most representative trade unions in the sector.

Fourth.

For the purposes of the defence of the public domain referred to in Article 7, 2, the limitations and easements referred to therein may be of three types:

a) About the height of upcoming buildings.

(b) In relation to the minimum distance to which high voltage electrical industries and installations and electrified railways are to be located.

c) Refers to the minimum distance to which radio transmitters are to be located.

In any case, no major limitations or easements may be required for the following:

-For distances less than 1,000 meters, the angle on the horizontal with which the highest point of a building is observed from the maximum height of the station receiving antennas shall be at most three degrees.

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

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

P > 10

2

Gama	Apparent Radiated Power of the transmitter in the direction of the installation to protect - KW	Maximum Exigible Separation between installations to protect and antenna antenna from the transmitter - Kilometers
f = 30 MHz	0.01 < P	2
	1 < P {\cs6\f1\cf6\lang1024} 10
P > 10	20
f > 30 MHz	0.01 < P	1
	2
5
5

Fifth.

1. The fourth paragraph of Article 2 of Law 4/1980, of 10 January, shall be worded as follows: ' The allocation of frequencies shall be carried out by the Government in accordance with the International Agreements and Conventions and the Resolutions or Guidelines of the International Bodies to which Spain belongs and links to the Spanish State ".

2. The first paragraph of Article 5 of Law 4/1980, of 10 January, will be worded as follows: "Direct management of public service broadcasting and television shall be carried out through the public service RTVE".

The additional provision of Law 46/1983 of 26 December 1983 will be worded as follows: " The emission and transmission of signals from the third television channel shall be carried out via waves, in accordance with the provisions of the In Article 2, numbers 2 and 4 of Law 4/1980, of 10 January. "

Sixth.

1. In order to be the holder of a concession for a public sound broadcasting service, the following requirements shall be met:

(a) To have Spanish nationality and not to be understood in any of the circumstances listed in Article 9 of the Law on State Contracts.

(b) If they are legal persons with the form of a public limited liability company, their shares shall be nominative. Foreign participation in its capital may not exceed, directly or indirectly, 25% of it. If the quality of the partner is held by a company for shares, it will be necessary for all of its shares to be nominative, and this condition will apply to the companies that may be the holders of these last shares, and so on.

These same requirements apply to the equivalent shares or shares in the share capital to all types of natural persons.

(c) If these are non-profit entities, the holders of their management and tutelary bodies must hold Spanish nationality and be domiciled in Spain.

(d) In no case shall the same natural or legal person be the holder of more than one concession for the operation of medium-wave sound broadcasting services or more than two concessions for the operation of services of sound wave radio broadcast with frequency modulation that substantially matches its coverage scope.

The granting of more than one concession to the same natural or legal person for the exploitation of the sound broadcasting services of metric waves with frequency modulation that substantially match in their field of coverage may be carried out only if the number of the already granted is sufficiently secured to the plurality in the radio offer.

e) A natural or legal person may not participate in the majority of a concessionary company when it explodes sound broadcasting services that substantially match its coverage.

(f) Any change in the ownership of shares, shares or equivalent securities of the public service broadcasting companies, as well as capital increases where the subscription of shares or equivalent securities is not carried out in the same proportion as the owners of the share capital, must be previously authorized by the Administration.

g) It shall not be a concession holder who, having obtained a concession before, has not ensured continuity in the service, or has been sanctioned with a qualified lack of very serious, in application of the sanctioning regime established in this Law, the concession would have been revoked.

2. The following criteria and conditions shall apply in the granting of the public services referred to in this additional provision:

(a) The concession shall be granted for a period of ten years and may be renewed successively for equal periods.

b) Whenever the acquirer meets the legal requirements, the concession shall be transferable, subject to administrative authorization.

3. The holders of the sound broadcasting services shall be obliged to disseminate, without charge, the official and public-interest notices and notices of public interest which come from the authorities which they are responsible for. determine.

Seventh.

1. The management of concessions or authorizations, as well as the certification of compliance with the technical specifications of equipment, apparatus, devices and telecommunications systems provided for in this Law, shall entitle the the collection of compensation charges for the cost of the formalities and actions required in accordance with the provisions set out in the following paragraphs.

2. It is the taxable fact of the fee for the provision by the Administration of the necessary services for the granting of the corresponding concessions, authorizations or certifications.

3. The natural or legal person applying for the relevant concession, authorisation or certification shall be liable for the fee.

4. The amount of the fee shall be:

a) Mil pesetas if these are authorizations.

b) Two thousand pesetas if these are concessions.

c) If authorization or grant requires technical project analysis, 5,000 pesetas.

d) If these are certifications, the amount of the rate will be obtained by application of the following concepts:

A + B + C

Where:

A = 5,000 pesetas.

B = 5 000 pesetas for the number of hours fixed for each type of test, according to a scale to be established by regulatory means.

C = (4 × 10-3) for the investment cost of the material used in each type of test, according to a scale to be established by regulatory means.

5. Where tests or tests to verify compliance with the technical specifications are carried out in an approved Centre outside the Administration, only the concept A shall be collected.

6. Where the facilities of the Administration are used for testing or testing by persons or entities outside the administration, the amounts obtained by application of the concepts C and, where applicable, B.

shall be collected.

7. The fee shall be due at the time of the request.

8. The rate yield shall be entered into the Treasury in the form that it is regulated.

9. The fee shall be the subject of self-settlement by the taxable person in the form that is determined.

10. The Budget Law for each financial year may modify the amounts applicable to the rate set out in this provision.

Eighth.

1. They will continue to be governed by their specific legislation on the service of radio amateurs, the installation of collective antennas, radio reception facilities for television programmes transmitted by telecommunications satellites of the service fixed by satellites and other telecommunications equipment, appliances, stations, systems and services not expressly mentioned in this Law, as long as they do not object to it.

2. The radio systems in closed groups of users without connection to the Public Telephone Network of Buscapeople, Telemando, Telemedicine, Telesenalization, Telealarms and Mobile Telephony are considered to be a service of added value of the Article 23, and its exploitation is carried out in concurrency. However, where the holder and the user of such systems are the same natural or legal person, the provisions of Article 15 (1) and (2) shall not apply.

Ninth.

1. The amount of the levy referred to in Article 7.3 shall be the result of multiplying the amount of reserved radio domain, expressed in radio reserve units, by the value assigned to the unit.

2. A conventional measurement pattern, referred to a bandwidth of a kilohertz on a territory of one square kilometre in the one-year period, is understood per radio reserve unit.

3. The value of the radio reserve unit may be different for the different bands and sub-bands of radio spectrum frequency, and for the various services authorised in each of them, in accordance with the Regulation of Radio communications, annexed to the International Telecommunications Convention, according to the public or private nature of the service. The value of this unit shall be set out in the Budget Law for each financial year in such a way as to cover the financing of the works, facilities and services necessary for the protection, management, management and control of the radio domain.

4. The licence fee referred to in this paragraph shall be satisfied by the radio stations and the only receiving radio stations which require radio equipment. Only receiving stations which do not have a radio-electric reserve shall be excluded from payment of the fee. The Government is authorised to regulate the procedures for the settlement and payment of the fee, including, where appropriate, the self-settlement scheme. The amount of the levy shall be entered into the Treasury.

5. Disputes which may arise in application of the said licence fee shall be considered as tax in nature for the purposes of the corresponding claims in the economic and administrative way. Non-payment may lead to the suspension or loss of the right to the occupation of the radio domain.

10th.

1. The use in a telecommunication network of electromagnetic waves of frequencies exceeding 3,000 Gigahertz and propagated by space without artificial guidance is subjected to the same regime as the use of radio waves.

2. For the proper management of the corresponding frequency bands it is considered that the space by which these electromagnetic waves are propagated is an extension of the radio public domain. Article 7 of this Law shall apply to the use or reservation of this domain in its entirety.

TRANSIENT PROVISIONS

First.

For public broadcast services, the following is set:

1. Until such time as the Technical and Service Regulations of the Services concerned are adopted, the Royal Decrees 2648/1978 of 27 October 1978, 1433/1979 of 8 June, and other existing provisions governing the provision of these services, in so far as they do not object to the provisions of this Law.

2. For the broadcasting companies that currently have links and issuing centers, the legislation prior to this Law will continue to apply until it is necessary to integrate them into a public network, in accordance with the provisions of this Law. Article 28 of this Law.

Second.

Within twelve months of the entry into force of this Law, the concessionary entities of services referred to therein, and which currently lack the Technical or Service Regulations approved by the Administration, may submit proposals for drafting them. The Administration shall draw up and approve the relevant Regulations from the time limit referred to above.

Third.

At the entry into force of this Law, legally authorized services which, by application of the provisions of this Law, must be considered as services of added value or dissemination, the networks associated with both, thus as any other existing network, shall have a one-year period, from that date, to comply with the provisions of this Law.

Fourth.

Within six months, the Government shall comply with the provisions of the second paragraph of Article 29.3 and the third paragraph of the Third Additional Provision of this Law.

REPEAL PROVISION

Unica.

1. The Law of 22 April 1885, which authorised the Government to set up a complete system of electro-graphic lines, was repealed; the Law of 26 October 1907, which authorised the Government to develop the Services of Radiotelegraphy, Cable and Telephone; the Law of 26 June 1934 on the technical and economic structure of the National Broadcasting Service; Article 1.4 of Law 4/1980 of 10 January of the Statute for Broadcasting and Television, and all other provisions object to the provisions of this Law.

2. Until the approval of the Technical and Service Regulations of the Services will remain in force those currently in force, in all that they do not object to the precept in this Law.

FINAL DISPOSITION

The Government is authorised to make any provisions necessary for the development and implementation of this Law.

ANNEX

For the purposes of this Law, the following definitions are adopted:

1. Communication: The transfer of information according to adopted conventions.

2. Token: A physical phenomenon in which one or more of its features varies to represent information.

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

4. Radio waves or hertzian waves: Electromagnetic waves, the frequency of which is conventionally fixed below 3,000 Gigahertz, which spread through space without artificial guidance.

5. Radio communication: All telecommunications transmitted via radio waves.

6. Transmission: Action to transport signals from one point to another or to several points. The transmission can be performed with or without buffer.

7. Tansmission Channel: A one-way signal tansmission between two points.

8. Circuit: A combination of two transmission channels that allows two-way transmission of signals between two points to support a single communication.

9. Switching: Process consisting of the interconnection of transmission channels or circuits with or without buffer for the time required to carry signals.

10. Telecommunications network: A set of transmission channels, circuits and, where applicable, switching devices or power stations, which provide connections between two or more defined points to facilitate telecommunications between them.

11. Harmful interference: Interference which compromises the operation of a radionavigation service or other security services, or which seriously degrades, interrupts or prevents the operation of a service radio-communication operated in accordance with the Radio Regulations of the International Telecommunication Union,

12. Radio frequency spectrum: It is the set of radio waves whose frequency is between 3 kilohertzians and 3,000 Gigahertz. The spectrum of radio frequencies is divided, according to the Radio Regulations of the International Telecommunication Union, Anejo to the International Telecommunications Convention, in the following Bands:

	Frequency Gama
myrimetric waves	3 to 30 KHz
Kilometers	30 to 300 KHz
300 to 3,000 KHz
3 to 30
	30 to 300 MHz	30 to 300 MHz
Decimetric waves	300 to 3,000 MHz
centimeter waves	3 to 30 GHz
millimeter Wave	30 to 300 GHz
Decimetric waves	300 to 3,000 GHz

13. Radio public domain: It is the space by which radio waves can be proparted.

14. Terminal: It is any equipment or apparatus that sends or receives signals over a telecommunication network through the defined connection points or termination and according to the approved specifications.

Therefore,

I command all Spaniards, particularities and authorities, to keep and keep this Law.

Palacio de la Zarzuela, Madrid, 18 December 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ