The unceasing evolution of the radio technique applied to telecommunications, in particular as an alternative when communication by wire is infeasible or is excessively onerous and the appearance in the market of equipment and Radio equipment at affordable prices to an increasing number of users has highlighted the gap between the current national regulations and the needs and conditions of the current applications of radio electricity.

Therefore, it is necessary to regulate the holding and use of radio equipment and equipment by establishing its technical characteristics and the control of its compliance as well as its distribution and sale and in general to review the conditions required for the establishment and arrangements of radio stations subject to the provisions of the Radio Regulations in force, annexed to the International Telecommunications Convention. signed and ratified by the Spanish State and taking into account, in particular, that the frequencies of radio emissions are a natural good of limited capacity whose need for better use determines the desirability of establishing rules to avoid interference or disturbances of electrical origin or radio communications services according to their different requirements regarding the safety and quality of the service.

addition, the European Conference of Postal and Telecommunications Administrations (CEPT), of which Spain is a member, has drawn up a series of recommendations in order to solve the problems of This is a kind of which the countries of the CEPT Member States also have to do.

In its virtue. a proposal of the Ministry of Transport Tourism and Communications with the favorable report of the National Telecommunications Board after deliberation of the Council of Ministers at its meeting of the day three of September of a thousand nine hundred and eighty two Available:

Article 1.-For the application of this Royal Decree, it is understood by:

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

Two. Radio waves: Electromagnetic waves whose frequency is conventionally fixed below three thousand GHz which are propagated by space without artificial guidance.

Three. Radio communication service: Service involving the transmission, emission or reception of electromagnetic waves for specific telecommunication purposes.

Four. Broadcasting service: Radio communication service whose emissions are intended to be received directly by the general public. This service covers noise emissions from television and from another genre.

Five. Radio equipment or apparatus: Equipment or apparatus intended primarily for generating or receiving radio waves. This definition covers systems in which the propagation or transfer of electromagnetic energy is carried out by means of conductors, by radiation or by induction outside them, and in particular the antennas, whether or not they are associated or incorporated. to the generator or receiver.

Six. Radio station: One or more transmitters or receivers, or a combination of transmitters and receivers, including ancillary facilities, necessary to ensure a radio communication service, or radio astronomy service, in a location.

Seven. Industrial, scientific and medical applications (for radio energy) (BWI): Application of equipment or installations intended to produce and use in a space reduced radio energy for industrial, scientific, medical, domestic or similar, excluding all telecommunications applications.

Eight. Harmful interference: Any emission, radiation or induction which compromises the operation of a radionavigation service or other security services or which seriously harms, disturbs or interrupts a service a legally established radio communication or an international radio communication service operating in accordance with the Radio Regulations, annexed to the International Telecommunications Convention.

Article 2.-One. The administrative authorisation of the Ministry of Transport, Tourism and Communications for the holding and use of radio equipment and equipment, as well as for establishing and operating a radio station or a network of radio stations, will be necessary. radio stations. This authorisation shall not be necessary for the simple availability of radio equipment or apparatus for the purposes of manufacturer, seller or repair shop.

Two. The regulatory procedure for the granting of administrative authorisations for the holding and use of radio equipment and apparatus, as well as for the establishment of radio stations and, where appropriate, for frequency allocations They will be included in the specific regulations that will follow the promulgation of this Royal Decree without prejudice to the requirements required in point one of article four of this Royal Decree.

Three. The specific regulations issued by the Ministry of Transport, Tourism and Communications shall determine the period of validity of the respective authorisations granted under these Regulations.

Four. The conditions and characteristics of each radio station of the different radio communication services shall be reflected in the relevant licence, except where, in accordance with the applicable regulations, such a licence is replaced by a general authorisation.

Five. At any time, the holders of administrative authorisations may waive them, without the waiver of any waiver or remission of the fees, charges or accruals that are legally enforceable.

Article 3.-One. The Ministry of Transport, Tourism and Communications, after a report of the National Telecommunications Board, will establish the technical characteristics to be met by each type of radio equipment and apparatus to obtain the certificate of radio acceptance and the manner in which the tests shall be carried out for verification.

Two. Administrative authorisations may be granted only for the holding and use of radio equipment and apparatus where they correspond to types and models endorsed by the radio-acceptance certificate referred to in the paragraph precedent.

Three. Exceptionally, administrative authorisations may be granted for the holding and use of equipment and apparatus imported individually, whether constructed or assembled by the user on the basis of a set of parts, after verification of the compliance with the technical characteristics which are due, or where the specific Regulation applicable to them allows them to be modified without prior notification.

Four. For the establishment of radio stations of each radio communication service the Ministry of Transport, Tourism and Communications will determine, after the National Telecommunications Board report, the technical conditions to which the installation must be submitted.

Five. The Administration may require the modification of the technical characteristics of equipment and apparatus and of the operating conditions of the stations, including the values of radio frequencies, within the time limits specified in each case. indicate, when for reasons of general interest estimated by the National Telecommunications Board, or as a result of international agreements, so be advisable, all in charge of the user or holder of the corresponding authorization The administrative documentation shall be provided by the administrative body. corresponding.

Article 4.-One. It shall be an essential requirement for the sale or hire of radio equipment and equipment to the public which correspond to the types which have been approved by the Administration and which have previously obtained the certificate of radio acceptance issued by the Ministry of Transport, Tourism and Communications, except where one of the circumstances provided for in paragraph 3 of the preceding Article is present.

Two. The use of any radio equipment or apparatus shall require the prior acquisition of the relevant administrative authorisation, at least on a provisional basis, as referred to in the second article of this Royal Decree.

Three. The manufacturers. Sellers, lessors and holders of repair shops for equipment and radio equipment are obliged to register the entrances and exits of such equipment and equipment in the form of sale, hire, transfer or repair. Such records shall be made available to the Ministry of Transport, Tourism and Communications for inspection purposes.

Four, paragraphs one and two of this Article shall not apply when radio equipment and apparatus are intended for export.

Article 5.-One. The installation and use of radio equipment and apparatus shall be carried out in such a way as not to cause any harmful interference.

Two. Cases of harmful interference which, where appropriate, are caused by the use of radio frequencies shared by several stations shall be resolved taking into account the category of the various services in accordance with the procedure established in the Radio Regulations.

Article 6.-The failure to comply with the rules established by this Royal Decree, as well as by the specific regulations that develop it, will be the cause of the opening by the Ministry of Transport, Tourism and Communications of the appropriate file, corresponding to that Department the ability to impose the sanctions that as a result of it are determined, in accordance with the seventh and eighth articles of the present Royal Decree.

All without prejudice to the administrative powers conferred on other ministerial departments, as well as to the possibility of the civil or criminal liability to be required.

Article seventh.-One. Infringements of the rules on radio regulation established by this Royal Decree or which are issued to the Amparo shall be considered to be minor, serious or very serious.

Two. Minor faults shall be those actions or omissions which are easily subsable and which do not have serious consequences for the application of those rules, as well as those involving a minor disturbance in the use of the spectrum of radio frequencies.

Three. Serious misconduct: The commission of two or more minor faults in the course of a calendar year, as well as the deliberate non-compliance with these rules which has a serious impact on their correct application, and in particular:

(a) The deterioration of the technical level of the centres empowered to carry out tests for radio behaviour and the lack of proven accuracy of the opinions issued.

(b) The distribution and sale on the national territory of equipment and equipment which do not comply with the technical characteristics required for the issue of the radiolecular acceptance certificate.

(c) The deliberate distortion of marks, labels or signs of identification of radio equipment and apparatus, as well as of the data included in the administrative certifications and licences relating to such equipment and apparatus, or to radio stations, as appropriate.

(d) The use, if any, of equipment or apparatus without the corresponding administrative authorization, or for purposes other than the authorized use.

e) The alteration of the technical characteristics established for the equipment, as well as the composition of the operating conditions of the radio stations as shown in the corresponding licence, without the the use of radio frequencies for which use is not authorised, in particular the use of radio frequencies.

f) The issue is identified as false or misleading identification.

g) The resistance or obstruction of the voluntary or inspecting tasks of the persons duly accredited by the Ministry of Transport, Tourism and Communications.

Four. The deliberate production of harmful interference, as well as the commission of two or more serious faults, shall be considered to be very serious.

Article 8.-One. The faults set out in the preceding article shall be sanctioned, in accordance with the case brought to the effect, as follows:

(a) Mild high: A written statement, which may be accompanied by an economic penalty up to the amount of five thousand pesetas.

b) Serious high: temporary suspension of the license or administrative authorization, which may be accompanied by an economic penalty up to the amount of fifteen thousand pesetas.

c) Very serious high: Cancellation of the license or administrative authorization, which may be accompanied by an economic penalty up to the amount of twenty thousand pesetas.

Two. In any event, during the period of processing of the file the Ministry of Transport, Tourism and Communications may adopt as a precautionary measure the limitation of the conditions in which the administrative authorization was granted or the license.

Three. Manufacturers, distributors or users of radio equipment and radio equipment and, in general, the holders of licences or administrative authorisations for which they are entitled to impose penalties for infringements of the provisions of this Royal Decree and of the specific regulations for its development will recover the plenitude of the rights that they held under the mentioned provisions once the corresponding sanctions have been fulfilled and the causes that have motivated the Sanctioning dossier.

Four. The power of penalties for serious or very serious misconduct lies with the Minister for Transport, Tourism and Communications.

Article ninth.-One. The Ministry of Transport, Tourism and Communications may suspend the operation of electrical installations and apparatus of all kinds which cause harmful interference in the radio communications and services they use. equipment authorised in accordance with this Royal Decree and its accompanying provisions.

Two. It may also suspend the operation of equipment and equipment intended for applications whose radiation is outside the bands of radio frequencies intended to cause harmful interference to a service of radio communication operating in accordance with this Royal Decree and its accompanying provisions.

FINAL PROVISIONS

First.-They shall not require the obtaining of the administrative authorization referred to in the second article of this Royal Decree the following stations, equipment and radio equipment

a) Those used by the Armed Forces.

(b) Those used by the services of the Central Administration, by the State Security Corps and Forces, and by the General Directorate of Civil Protection for its command networks.

c) Those installed by the Public Ente RTVE and its State Societies. Radio Nacional de España, Radio Cadena Española y Televisión Española, to perform the functions that correspond to the State as the holder of the public services of broadcasting and television.

d) Those installed by the CTNE for the operation of the services entrusted to it by the State.

e) Those installed for use by the RENFE for the needs and safety of the rail transport service.

(f) Those intended for broadcasting in the bands assigned to that service by the Regulations in force.

g) Those for ICM applications.

In any case, it will be necessary for such equipment and apparatus, except those used by the Armed Forces, to correspond to types and models that have previously obtained the certificate of radio acceptance. National Telecommunications Board approve the radio frequency allocations in each case, upon request of the interested entities.

Second.-The Ministry of Transport, Tourism and Communications is empowered to dictate, after the National Telecommunications Board reports, the necessary provisions for the development of this Royal Decree.

REPEAL PROVISION

The entry into force of this Royal Decree and of each of the specific Regulations that are enacted in accordance with the second article of this Royal Decree will produce the repeal of the precepts that were Application of the Regulation for the establishment and regime of particular radio stations of 14 June of a thousand nine hundred and twenty-four, and of any subsequent provisions, of equal or lower rank, to be opposed to it.

Given in Madrid to three of September of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of Transport, Tourism and Communications, Luis Gamir Casares.