According to data from the European Commission, civil works work, on average in the European Union, is 80% of the total cost of the deployment of electronic communications networks, which means that measures will be taken. contribute to the fulfilment of the objectives set out in the Digital Agenda for Europe adopted in 2010 and the Digital Agenda for Spain, approved by the Government in February 2013, by reducing these costs.

Directive 2014 /61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of the deployment of high-speed electronic communications networks introduces forecasts which, in In line with the objectives of promoting the deployment of networks and promoting efficient investment in infrastructure, as set out in Article 3 of Law 9/2014 of 9 May, General Telecommunications, they aim to reduce the costs of civil works related to the deployment of electronic communications networks, by establishing rights of access to existing physical infrastructure, the coordination of civil works and the improvement of access to information on existing infrastructure, planned civil works and procedures applicable to the granting of permissions.

Law 9/2014 of 9 May, General Telecommunications, in particular in Article 45, and the Spanish legislation on common telecommunications infrastructures for access to telecommunications services in the In the case of the buildings, established by Royal Decree-Law 1/1998 of 27 February on common infrastructure in buildings for access to telecommunications services and their development regulations, they are incorporated into national law. Spanish legal provisions of Directive 2014 /61/EU, in relation to the physical infrastructure inside the building.

By this royal decree, the remaining precepts of the aforementioned Directive are transposed, and certain articles of the General Law of Telecommunications are developed, aimed at facilitating the deployment of networks, so that the Operators who install or operate electronic communications networks can provide users with more innovative, higher quality and coverage services at competitive prices and with better conditions.

Chapter I of general provisions sets out the scope and scope of the royal decree, which is intended to facilitate and encourage the deployment of high-speed electronic communications networks, including both fixed as mobile networks capable of providing access services of at least 30 Mbps (including, inter alia, technologies such as FTTH, HFC or LTE) by promoting the joint use of existing physical infrastructure and deployment more efficient of new ones, so it is possible to deploy these networks to a smaller cost.

Chapter II regulates the right of access for public electronic communications network operators to the physical infrastructure that is capable of hosting public high-speed electronic communications networks, establishing who are the subjects required to provide such access, the content of the access requests, the time limit for negotiating such an application and the principles and elements that the National Markets Commission and the Competition will have to have When it comes to resolving the conflicts that might arise. Chapter II is supplemented by the establishment of transparency measures enabling operators who install or operate electronic communications networks to be able to have minimum information in relation to infrastructure. in order to be able to exercise their right of access to them.

As set out in Chapter II, in accordance with the provisions of Directive 2014 /61/EU, account should be taken of the principle of lex specialis: where more specific regulatory measures are applicable in accordance with the The right of the Union should prevail over the minimum rights and obligations laid down in that Directive. This royal decree should therefore be without prejudice to the regulatory framework of the Union concerning electronic communications laid down in Directive 2002/21/EC of the European Parliament and of the Council and Directive 2002/19/EC of the European Parliament and of the Council European Parliament and the Council, Directive 2002/20/EC of the European Parliament and of the Council, Directive 2002/22/EC of the European Parliament and of the Council and Commission Directive 2002/77/EC, including the national measures adopted compliance with that regulatory framework, such as specific symmetric or symmetric regulatory measures asymmetric.

Chapter III on the coordination of civil works capable of hosting high-speed electronic communications networks sets out the obligation to take care of, in transparent and non-discriminatory conditions, the requests for coordination of those requests, provided that they have been financed with public resources, corresponding to the National Commission of the Markets and the Competition the resolution of the possible conflicts.

Also, in this chapter III transparency measures are included in relation to the advertising of the intended civil works, taking into account the obligation laid down in the Directive that such information be transmitted to a point (a) a single information, allowing for the provision of public high-speed electronic communications network operators, in a centralised manner.

Chapter IV, for its part, provides for measures to ensure as soon as possible in the resolution of the procedures for granting permits or licenses related to the civil works necessary to deploy elements of high-speed electronic communications networks, in such a way that, without prejudice to the provisions of the General Telecommunications Law on the collaboration of public administrations in the deployment of networks and networks, use of the responsible declaration in the processing of permits, be reduced to four months the the time limit for the resolution of proceedings relating to such works.

In addition, under the provisions of Article 35.8 of the General Law of Telecommunications, Chapter IV of this royal decree regulates the access of public electronic communications networks to the relevant information concerning the conditions and procedures applicable to the installation and deployment of electronic communications networks and their associated resources, so that such information is available through a point of information only.

In the handling of this royal decree, the Advisory Council for Telecommunications and the Information Society has been heard. The project has also been reported by the National Commission on Markets and Competition, which has been submitted to the public hearing and informed by the State Council.

This royal decree is issued under the exclusive competence of the State in the field of telecommunications recognized in Article 149.1.21. of the Constitution.

In its virtue, on the proposal of the Minister of Economy and Competitiveness, by the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations, according to the Council of the State and after deliberation by the Council of Ministers at its meeting on 9 September 2016,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

1. This royal decree aims at the incorporation into the Spanish legal system of various provisions contained in Directive 2014 /61/EU of 15 May 2014 on measures to reduce the cost of deploying networks of High-speed electronic communications.

2. By means of this royal decree, Articles 35 to 38 of Law 9/2014 of 9 May, General of Telecommunications, are developed as regards access to physical infrastructures capable of hosting high electronic communications networks. speed, coordination of civil works and publication of information on granting of permits.

3. This royal decree regulates the rights and obligations relating to access to physical infrastructures which are capable of hosting electronic communications networks, so that the deployment of public communications networks is facilitated. High-speed electronics.

4. This royal decree establishes measures in relation to the coordination of civil works to facilitate the deployment of elements of high-speed electronic communications networks.

5. This royal decree establishes transparency measures in relation to the conditions and procedures applicable to the granting of permits for the installation and deployment of electronic communications networks and their associated resources, establishing a the maximum time limit for the resolution of applications for the granting of permits in relation to the civil works necessary for the deployment of elements of high-speed electronic communications networks.

Article 2. Scope.

1. This royal decree applies to physical infrastructures which are capable of hosting public high-speed electronic communications networks and civil works relating to such infrastructures.

2. The scope of the measures set out in Article 9 extends to information on the installation and deployment of public electronic communications networks and their associated resources.

3. Access to the physical infrastructure within a building which may be used for the deployment of the final sections of public electronic communications networks shall be governed by their specific rules.

4. The measures referred to in this royal decree shall be without prejudice to the obligations which may be imposed pursuant to Article 13 of Law 9/2014 of 9 May, General Telecommunications, to operators with power significant in the market and in Article 32 of that law in relation to the location and sharing of public and private property. In this respect, in cases where the request for access occurs on a managed infrastructure or whose ownership or right of use corresponds to an electronic communications operator subject to obligations arising from Articles 13 and 14 of Law 9/2014 of 9 May, General Telecommunications, access to such physical infrastructures will be consistent with such obligations and the introduction of new procedures and tasks will be based on existing ones.

Article 3. Definitions.

For the purposes of this royal decree, the following definitions apply:

1. Physical infrastructure: Any element of a network designed to accommodate other elements of a network without becoming an active element of it, such as pipes, masts, ducts, access chambers, inspection stations, distributors, buildings or entrances to buildings, antenna installations, towers and poles. The cables, including the dark fibre, as well as the elements of the nets used for the transport of water intended for human consumption, as defined by Royal Decree 140/2003 of 7 February 2003 laying down the Health criteria for the quality of water for human consumption are not physical infrastructure in the sense of this royal decree.

2. High-speed electronic communications network: electronic communications network, including both fixed and mobile networks, capable of providing broadband access services at speeds of at least 30 Mbps per subscriber.

3. Civil works: each of the results of the construction or civil engineering works taken together which is sufficient to perform an economic or technical function and involves one or more elements of a physical infrastructure.

4. Works financed from public resources: civil works in which one of the following conditions is met:

a) That has been promoted or executed by public administrations or by public companies.

b) The company that promotes or executes it has been contracted by the public sector.

c) The company that promotes or executes it has received public money or other financial or economic public support for its execution.

(d) Have the consideration of State aid within the meaning of Article 107.1 of the Treaty on the Functioning of the European Union.

e) Be made on land of public ownership that has been transferred to host such civil work.

5. Subject: The following owners, managers or holders of rights for the use of physical infrastructure capable of hosting public high-speed electronic communications networks:

(a) Network operators providing a physical infrastructure to provide a service for the production, transport or distribution of:

i. Gas.

ii. Electricity, including public lighting.

iii. Heating.

iv. Water, including sanitation systems: evacuation or treatment of wastewater and sewage systems and drainage systems. The elements of nets used for the transport of water intended for human consumption, defined by the latter as laid down in Royal Decree 140/2003 of 7 February 2003, are not included in this definition. health criteria for the quality of water for human consumption.

(b) Operators who install or operate public electronic communications networks available to the public. Private networks for electronic communications are expressly excluded from the scope of this royal decree.

(c) Companies providing physical infrastructure for the provision of transport services, including railways, roads, ports and airports, including entities or companies in charge of transport. management of the state competition transport infrastructure.

(d) Public administrations with the right to host physical infrastructures that are capable of hosting electronic communications networks.

CHAPTER II

Access to physical infrastructures capable of hosting high-speed electronic communications networks

Article 4. Access to physical infrastructure capable of hosting high-speed electronic communications networks.

1. The rights and obligations referred to in the following paragraphs apply to the obligated subjects listed in Article 3.5.

2. The required subjects shall have to attend and negotiate requests for access to their physical infrastructure in order to facilitate the deployment of high-speed electronic communications networks. In cases where the request for access occurs on a managed infrastructure or whose ownership or right of use corresponds to an electronic communications operator subject to obligations arising from Articles 13 and 14 of the Law 9/2014 of 9 May, General Telecommunications, access to such physical infrastructures will be consistent with such obligations and the introduction of new procedures and tasks will be based on existing ones.

3. Where an operator who installs or operates public electronic communications networks available to the public makes a reasonable request, in writing, for access to a physical infrastructure to any of the required subjects, the latter shall be obliged to to address and negotiate such a request for access, on a fair and reasonable basis, in particular as regards the price, with a view to the deployment of elements of high-speed electronic communications networks.

4. The access request must specify at least:

a) Reason for access to the infrastructure.

b) Description of items to deploy to the framework.

c) The time when the deployment will occur in the framework.

d) An area where you intend to deploy elements of high-speed electronic communications networks.

e) Statement of confidentiality regarding any information that is received as a result of access to the infrastructure.

5. Access in relation to infrastructure linked to national defence or public security shall not be required to be negotiated, or where they have the consideration of criticism under Law 8/2011 of 28 April, for which they are establish measures for the protection of critical infrastructures. In the latter case, the report of the Secretary of State for Security of the Ministry of the Interior shall be required for the negotiation of access to these infrastructures.

6. According to the provisions of Article 37.1 of Law 9/2014 of 9 May, General Telecommunications, access to infrastructure for the ownership of public administrations may not be granted or recognized by means of tendering.

7. Any refusal of access shall be clearly justified to the applicant within a maximum of two months from the date of receipt of the full access request, stating the grounds on which it is based. The refusal shall be based on objective, transparent and proportionate criteria such as

(a) The lack of technical suitability of the physical infrastructure to which access has been requested to host any of the elements of high-speed electronic communications networks. The reasons for refusal based on the lack of technical adequacy of the infrastructure will be determined by the Ministry of Industry, Energy and Tourism by order, following the ministerial department's report with sectoral competence on such infrastructure.

b) The lack of space availability to accommodate the elements of high-speed electronic communications networks, including the future needs of the subject's space, as long as this remains sufficiently demonstrated.

c) Risks to national defense, public safety, public health, road safety, or civil protection.

(d) The risks to the integrity and security of a network, in particular critical national infrastructure, without prejudice to paragraph 5.

e) The risks of serious interference from the electronic communications services provided with the provision of other services through the same physical infrastructure.

f) The availability of viable alternative means of access to the wholesale physical network infrastructure provided by the obliged subject and suitable for the provision of high electronic communications networks speed, provided that such access is offered on fair and reasonable terms.

g) Ensure that the continuity and security of the provision of the services provided by the operator is not compromised in accordance with the provisions of Article 37 (1) and (2) of Law 9/2014 of 9 December 2014. May, General Telecommunications.

8. Either party may bring the dispute before the National Markets and Competition Commission when the access is refused or after the two-month period referred to in paragraph 7 is refused, no agreement shall be reached on the the conditions under which the same applies, including prices, without prejudice to the possible submission of the issue to the courts.

9. In the event of a dispute relating to the access price, the National Markets and Competition Commission shall fix that price in such a way that the access provider has the opportunity to recover its costs fairly, and shall take into account:

a) The incidence of the access requested in the access provider business plan.

(b) The investments made by the access provider, in particular investments made in the physical infrastructure to which access is requested for the provision of high electronic communications services speed.

c) The imposition of earlier solutions by the National Markets and Competition Commission.

d) The characteristic circumstances of the geographical area in question.

10. Without prejudice to the provisions of the previous paragraph, where the conflict is related to the access to the physical infrastructure of a public electronic communications network operator, the National Markets and Competition Commission must, in conflict resolution and pricing:

(a) Take into consideration the objectives and principles set out in Article 3 of Law 9/2014 of 9 May, General Telecommunications.

(b) To consider the investment made in the physical infrastructure to which access is requested, in order to avoid situations that degrade or unbalance competition due to the lack of investment of certain operators whose business is based exclusively or mostly on the use of other infrastructure.

c) Take full account of the economic viability of such investments made by the access provider based on:

i. Your risk profile.

ii. The investment recovery calendar.

iii. The impact of access on competition in downstream markets and therefore on prices and the recovery of investment.

iv. The depreciation of the network assets at the time of the access request.

v. The business model that justifies the investment made, in particular in the newly built physical infrastructure used for the provision of high-speed electronic communications services.

vi. The joint deployment capability that was previously offered to the access requester.

11. The National Markets and Competition Commission, taking full account of the principle of proportionality, shall, within the maximum period of four months from the receipt of all information, adopt a decision to resolve the matter, including the fixing of fair and non-discriminatory conditions and prices where appropriate.

12. This Article shall be without prejudice to the right of ownership of the owner of the physical infrastructure where the operator is not an owner, and of the right of ownership of third parties, such as land owners and owners of land. private properties.

Article 5. Minimum information on physical infrastructure capable of hosting electronic communications networks and on-the-spot studies.

1. In order to request access to a physical infrastructure in accordance with Article 4, operators who install or operate public electronic communications networks have the right to access, upon request in writing where they are specify the area in which they intend to deploy elements of high-speed electronic communications networks to the following minimum information concerning the existing physical infrastructure of any of the subjects required:

a) location and layout of the infrastructure,

b) type and use of the same, describing your current occupancy degree,

c) point of contact to be directed to.

2. Access to the minimum information may be limited if necessary for reasons of safety and integrity of the networks, national security and defence, health or public safety, in the case of critical infrastructure or for reasons of confidentiality or commercial or operational secrecy.

3. Without prejudice to the limitations referred to in the preceding paragraph, the obligation to provide for minimum information concerning the physical infrastructure which may be used by the competent authorities must be met. electronic communications, granting access to such information under proportionate, non-discriminatory and transparent conditions, within two months of the date of receipt of the request.

4. Such minimum information shall be delivered in electronic form, in compliance with the requirements set out in Annex I to this royal decree.

5. Without prejudice to the limitations referred to in paragraph 2, the obligation to provide for reasonable requests for the conduct of studies on the ground of specific elements of their physical infrastructure shall be subject to the obligation of the obliged subjects. capable of hosting electronic communications networks. The authorisation to carry out field studies shall be granted within one month of receipt of the request, which shall specify the network elements concerned with a view to the deployment of elements of the communications networks. High-speed electronics.

6. Requests for minimum information and applications for field studies may be refused in a justified manner, in the case of critical national infrastructure or infrastructure which is not technically considered appropriate for the purposes of the deployment of high-speed electronic communications networks, as well as for reasons of national defence, security and public health. The reasons for refusal based on the lack of technical adequacy of the infrastructure will be determined by the Ministry of Industry, Energy and Tourism by order, following the ministerial department's report with sectoral competence on such infrastructure. Where requests for minimum information or the application for field studies are subject to a critical infrastructure, the operator managing those infrastructures shall be required to obtain, before responding to such an application, the report of the Ministry of the Interior's Secretary of State for Security, which may agree to prevent access to information if it could result in the security of such infrastructure or national security.

7. After the time limits referred to in paragraphs 3 and 5, without prejudice to the possible submission of the matter to the courts, either party may raise the disputes which may arise in connection with the rights and obligations set out in this Article, before the National Markets and Competition Commission who, taking full account of the principle of proportionality, shall decide the difference within a maximum period of two months from the date of receipt of all information.

8. The Ministry of Industry, Energy and Tourism will be able to provide a point of information on existing infrastructures through which the obliged subjects may make available to operators who install or operate networks of electronic communications, information relating to their infrastructures which are capable of hosting high-speed electronic communications networks.

9. By ministerial order, the manner in which the obliged subjects or the Ministry of Industry, Energy and Tourism through the single point of information can be regulated, shall inform the contact point of the subject to which the operators who install or operate public electronic communications networks that may direct their initial request for access to the minimum information referred to in this Article.

10. Operators who install or operate electronic communications networks which obtain access to information under this Article shall take appropriate measures to ensure that confidentiality and trade secrets are respected. operation.

CHAPTER III

Coordination of civil works

Article 6. Coordination of civil works.

1. Any bound subject shall have the right to negotiate agreements relating to the coordination of civil works with operators who install or operate public electronic communications networks, with a view to the deployment of elements of the electronic communications networks. High-speed electronic communications.

2. Persons who are obliged to carry out directly or indirectly civil works, in whole or in part financed by public resources, must attend and negotiate requests for the coordination of such civil works in order to facilitate the deployment of High-speed electronic communications networks.

3. To this end, where an operator who installs or operates public electronic communications networks available to the public makes a reasonable request for the coordination of the works referred to in the previous paragraph with a view to the deployment of Elements of high-speed electronic communications networks shall be subject to the obligation of such requests under transparent and non-discriminatory conditions.

4. Requests for coordination of civil works referred to in paragraph 2 shall be accepted provided that:

(a) this does not entail any additional costs, including due to additional delays, for the initial planned civil works;

b) do not impede the control of the coordination of the works, and

c) the request for coordination is submitted as soon as possible, in particular if it is submitted before the approval of the relevant project, and in any case at least one month before the first submission of the application for permission, licence or documentation to replace it with the competent authorities.

5. The obligations laid down in this Article shall not apply in relation to critical national infrastructure and to civil works of negligible importance. By order of the Ministry of Industry, Energy and Tourism, after a report of the ministerial department with sectoral competence on the works, it will be determined which works are to be understood as of insignificant importance in terms of value, size or duration of the same.

6. The provisions of this Article shall be without prejudice to the provisions of Article 36 (2) of Law 9/2014 of 9 May 2014, General Telecommunications, or any obligation to reserve capacity for the deployment of public electronic communications networks, regardless of whether or not there are requests for civil works coordination.

7. Where, within one month of the date of receipt of the formal request for the coordination of civil works, no agreement has been reached, either party, without prejudice to the submission of the matter to the courts, may raise the conflict with the National Commission on Markets and Competition.

8. The National Markets and Competition Commission, taking full account of the principle of proportionality, shall, within a maximum of two months from the receipt of all information, adopt a decision to resolve the dispute, including the setting of fair and non-discriminatory conditions and prices where appropriate.

Article 7. Minimum information on intended civil works.

1. In order to negotiate agreements relating to the coordination of civil works referred to in Article 6, operators who install or operate public electronic communications networks have the right to access, upon request by in writing, specifying the area in which they intend to deploy elements of high-speed electronic communications networks, to the following minimum information on infrastructure-related civil works of the persons obliged, who are in progress, for whom a request has been made for the permit and have not yet been granted or for which the first submission of application for a permit, licence or documentation which replaces it with the competent authorities within six months of the submission of the coordination request:

a) location and type of work,

b) elements of the network involved,

c) the expected start date of the works and the duration of the works, and

d) point of contact to be directed to.

2. The obliged subjects may limit access to the minimum information if necessary for reasons of safety and integrity of the networks, national security and defence, health or public safety, confidentiality or commercial secrecy or operation.

3. Without prejudice to the limitations referred to in the preceding paragraph, the obliged subjects have an obligation to take care of requests for minimum information relating to ongoing or planned civil works, granting access to such works. information, in proportionate, non-discriminatory and transparent conditions, within two weeks of the date of receipt of the application.

4. Such minimum information shall be delivered in electronic form, in compliance with the requirements set out in Annex II to this royal decree.

5. Requests for minimum information may be refused;

a) When such information has been made public in electronic form.

(b) Where such information is accessible through the single point of coordination of civil works, as described in paragraph 7 of this Article.

In addition, requests for information may be refused, in a justified manner, in the case of critical national infrastructure or in relation to minor civil works of negligible importance, to which the Article 6.5.

6. After the period referred to in paragraph 3, without prejudice to the possible submission of the matter to the courts, either party may raise any disputes arising in connection with the rights and obligations of the courts. in this Article, before the National Commission of the Markets and the Competition, who, taking full account of the principle of proportionality, shall decide the difference within a maximum of two months from the receipt of all the information.

7. The Ministry of Industry, Energy and Tourism will provide a single point of information for the coordination of civil works through which operators who install or operate electronic communications networks will be able to access the minimum information referred to in paragraph 1. By ministerial order, inter alia, the identification of the electronic address of the single point of coordination of civil works, the time limit and the conditions under which the obliged subjects are to be provided shall be established. such information, the manner of electronically requesting such minimum information and the terms of its delivery.

8. In the case of situations not provided for in this Article, any person who has planned the performance of civil works related to his physical infrastructure which may be able to host electronic communications networks on a voluntary basis, may make available to operators who install or operate electronic communications networks, information relating to such works through the single point of information referred to in paragraph 7.

CHAPTER IV

Permission grant procedures

Article 8. Measures applicable to procedures for the granting of civil works permits.

1. In those cases where, in accordance with the General Telecommunications Law, it may be necessary to obtain permits or licenses relating to the civil works necessary to deploy elements of the networks of High-speed electronic communications shall be granted or refused by the Public Administrations within four months of the date of receipt of the full application.

2. The four-month period referred to in the preceding paragraph may be extended, by way of derogation, in accordance with the rules of the common administrative procedure.

3. Without prejudice to the foregoing, as well as to the provisions of Law 9/2014 of 9 May, General Telecommunications, any refusal of permits or licenses relating to the civil works necessary to deploy elements of the communications networks High-speed electronic devices shall be duly justified on the basis of objective, transparent, non-discriminatory and proportionate criteria.

Article 9. Transparency in the area of permit granting procedures.

1. Public Administrations shall publish on their website all information concerning the conditions and procedures applicable for the installation and deployment of public electronic communications networks and their associated resources.

2. The Secretariat of State of Telecommunications and the Information Society shall establish a single point of information for permits and licences through which operators who install or operate public electronic communications networks they shall access all the information referred to in the previous paragraph by electronic means.

3. In order to comply with the provisions of the previous paragraph, the Public Administrations shall inform the Secretariat of State of Telecommunications and the Information Society within 6 months of the publication of this information. royal decree, the specific address of the website in which they publish the information referred to in paragraph 1. This communication will be made electronically, through a specifically enabled space on the website of the Secretariat of State of Telecommunications and for the Information Society, whose address, authentication requirements for access to the same and frequency of updating of the data provided shall be specified by resolution of that State Secretariat.

4. By Ministerial Order, in accordance with the provisions of Article 35.8 of Law 9/2014 of 9 May, General Telecommunications, the extension of the single point of information referred to in this Article may be regulated in order to ensure that electronic communications operators may submit, through the electronic communications operator, applications for the permits, licences or documents that replace them, which are necessary to undertake a civil work associated with the deployment of public networks of High-speed electronic communications. The autonomous communities and local authorities may, by signing up to the appropriate collaboration agreement with the Ministry of Industry, Energy and Tourism, adhere to the single information point, as established in the Mentioned article.

Additional disposition first. Civil works of negligible importance.

Until the approval of the order referred to in Article 6.5 of this royal decree, civil works of negligible importance shall be considered to be those civil works involving the deployment of physical infrastructures. linear less than 10 meters in length.

Additional provision second. Thresholds for requests for minimum information and requests for access to physical infrastructure.

By order of the Ministry of Industry, Energy and Tourism, the thresholds for requests for minimum information and requests for access to physical infrastructures capable of hosting communications networks may be fixed. electronic that a subject must attend monthly.

In cases where the request for access occurs on a managed infrastructure or whose ownership or right of use corresponds to an electronic communications operator subject to obligations arising from the Articles 13 and 14 of Law 9/2014 of 9 May, General Telecommunications, the above thresholds will be determined in respect of those already fixed due to the implementation of these obligations for the concrete infrastructure.

Additional provision third. Control of public expenditure.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Additional provision fourth. Sectoral regulations.

In relation to the treatment of the income received by the infrastructure holders in the exercise of the activity as a result of the provisions of this royal decree, the provisions of the legislation will be corresponding sectorial.

Single transient arrangement. Coordination of civil works for which the application for permits has been submitted.

The provisions of Chapter III of this royal decree shall not apply to civil works for which the application for a permit or a licence or a documentation which replaces it with the competent authorities has been submitted, with prior to its entry into force.

Final disposition first. Amendment of the Regulation on the activity of installation and maintenance of telecommunications equipment and systems.

Article 2.1.a of the Regulation on the installation and maintenance of telecommunications equipment and systems, approved by Royal Decree 244/2010 of 5 March 2010, is amended as follows:

" a) Proper technical qualification.

An appropriate technical qualification shall be understood to be any natural person who has the consideration of a competent professional. It shall also be understood that a legal person has an appropriate technical qualification when he has such a consideration one of the holders of the undertaking with a holding equal to or greater than 20% of the share capital, or a member of the template with an effective minimum dedication of four hours per day or twenty hours per week.

It will be competent professional who is in one of the following situations:

a. Having a university degree or vocational training whose curriculum contains the subjects of the activity of installation or maintenance of telecommunications equipment or systems.

b. To have a certificate of professionalism attesting to professional skills included in the National Catalogue of Professional Qualifications related to the activity of installation or maintenance of telecommunications equipment or systems.

c. To have recognised professional competence acquired by work experience or by non-formal training courses, in accordance with the provisions of Royal Decree 1224/2009 of 17 July, in recognition of professional skills acquired by work experience, in matters specific to the activity of installation or maintenance of telecommunications equipment or systems.

The Secretariat of State for Telecommunications and the Information Society will approve and make public the types of services for the installation or maintenance of telecommunications equipment or systems that can be provided by the reason for the accredited skills, or the certificate of professionalism or academic title to which it is available. '

Final disposition second. Incorporation of European Union law.

By this royal decree, Directive 2014 /61/EU, of the Parliament and of the Council of 15 May 2014 on measures to reduce the cost of the deployment of communications networks is incorporated into Spanish law. High-speed electronic devices, with the exception of Articles 8 and 9.

Final disposition third. Constitutional foundation.

This royal decree is issued under Article 149.1.21 of the Constitution, which confers exclusive competence on the State in the field of telecommunications.

Final disposition fourth. Powers of development.

1. The Minister for Industry, Energy and Tourism is hereby authorised to lay down how many provisions are necessary for the development and implementation of this royal decree.

2. By ministerial order, variations may be made to the minimum information format described in Annexes I and II.

Final disposition fifth. Entry into force.

This royal decree will enter into force the day after its publication in the "Official Gazette of the State".

Given in Madrid, on September 9, 2016.

FELIPE R.

The Minister of Industry, Energy and Tourism, P. S. (Royal Decree 160/2016, of April 15),

The Minister of Economy and Competitiveness,

LUIS DE GUINDOS JURADO

ANNEX I

Minimum information on physical infrastructure capable of hosting high-speed electronic communications networks

1. Location and layout: it is defined as a starting point, an end point and a series of intermediate points, all expressed in the coordinates of the system established in Royal Decree 1071/2007, of July 27, which regulates the system Official reference geodesic in Spain. The location should be expressed, alternatively, in two different ways, depending on the following cases:

a) Urban environment: the coordinates must be provided for the starting point and the end point of the infrastructure, as well as for each of the vertices that the same present, understanding as such those points in which the infrastructure presents a change of direction with respect to the previous section of the infrastructure.

b) Rural environment: coordinates must be given for the starting point of the infrastructure, the endpoint of the infrastructure and intermediate points at least every kilometer.

2. Type and use of the infrastructure: this field refers to the service that is covered by the physical infrastructure that is capable of hosting electronic communications networks, as well as if it is providing a service in a way active at the time of requesting the information.

3. Degree of occupation: whether or not free space is left in the physical infrastructure.

4. Point of contact: at least one telephone number and an e-mail address shall be provided to enable an operator to install or exploit public electronic communications networks to establish contact with the subject described in the Article 3 that is responsible for the physical infrastructure described by the minimum information.

ANNEX II

Minimum information regarding planned civil works

1. Location and layout: it is defined as a starting point, an end point and a series of intermediate points, all expressed in the coordinates of the system established in Royal Decree 1071/2007, of July 27, which regulates the system Official reference geodesic in Spain. The location should be expressed, alternatively, in two different ways, depending on the type of soil defined in the Royal Legislative Decree 7/2015 of 30 October, approving the recast text of the Soil and Rehabilitation Law. Urban:

a) Urbanized soil: the coordinates must be provided for the starting point and the end point of the infrastructure, as well as for each of the vertices that the same present, understanding as such those points in which the infrastructure presents a change of direction with respect to the previous section of the infrastructure.

b) Rural soil: the coordinates must be given for the starting point of the infrastructure, the end point of the infrastructure and intermediate points at least every kilometer.

2. Type and use of the infrastructure: this field refers to the service that is intended to be covered by the construction of the physical infrastructure capable of hosting electronic communications networks.

3. Physical infrastructure elements involved: This field must specify which civil work items are intended to be installed. This should indicate the presence of tubes, towers, poles, masts, antenna facilities, ducts, boxes, cameras, archways, inspection mouths, cabinets, and any associated resources that allow to host electronic communications networks.

4. Dates: A start date and end date forecast must be provided in which the work is executed. It shall also be reported on the date on which the first submission of application for a permit, licence or documentation to replace it with the competent authorities shall be made.

5. Point of contact: at least one telephone number and an e-mail address shall be provided to enable an operator to install or exploit public electronic communications networks to establish contact with the subject described above. Article 3 that is responsible for the physical infrastructure described by the minimum information.