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Real Decree 847 / 2015, Of 28 Of September, By Which Is Regulates The Registration State Of Providers Of Services Of Communication Audiovisual And The Procedure Of Communication Prior's Home Of Activity.

Original Language Title: Real Decreto 847/2015, de 28 de septiembre, por el que se regula el Registro Estatal de Prestadores de Servicios de ComunicaciĆ³n Audiovisual y el procedimiento de comunicaciĆ³n previa de inicio de actividad.

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Law 7/2010, of 31 March, General of Audiovisual Communication, established a new regulatory framework for audiovisual communication in our legal order. Prior to the adoption of that standard, audiovisual services were regulated and differentiated by the scope of transmission or dissemination and their provision used to require the acquisition of an administrative title (concession, administrative authorisation or feisty communication), depending on the technology for which it was issued and disseminated. Most of the services were registered in the corresponding register. Law 7/2010, of March 31, proceeded to unify the audiovisual regulations, until then dispersed, introduced updates where they were demanded and gave legal backing to new situations that had not been met by the legislator. One of its main innovations is the establishment of a basic legal regime and, for the first time, unified for the provision of audiovisual media services in a transparent and plural market. The new system is based on the principle of liberalization of the provision of audiovisual media services which, in accordance with Article 22 of the law, are no longer configured as public services, but as services of interest. general. Thus, the now so-called audiovisual media services of general interest are provided under free competition, with restrictions arising from the limitation of the radio spectrum and the necessary protection of rights and interests of the citizens.

This royal decree has a double objective. First of all, the provisions of Law 7/2010 of March 31, regarding the requirements for the provision of audiovisual, radio, television, related and interactive communication services, are developed in our country. In particular, the provisions of Article 23 (1) of the aforementioned legal standard are developed in respect of the prior notification procedure. In this respect, prior communication, as a means of acquiring the status of a service provider and accessing an economic sector, is adapted to the new measures set out in Directive 2006 /123/EC of the European Parliament and of the Council, of 12 December 2006, and introduced into our legal order by Law 17/2009, of 23 November, on the free access to the activities of services and their exercise, aimed at improving the regulation of the services sector reducing the unjustified obstacles. Thus, Articles 5 and 7 of that law have established the obligation of the public authorities to apply the principles of non-discrimination, necessity and proportionality in determining the model of initiation of the procedure. as the obligation to choose the least restrictive option in the determination of that model (Article 39a of Law 30/1992 of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure). Despite the fact that audiovisual media services are excluded from the scope of that law, Law 7/2010 of 31 March, it opts for the prior communication of initiation of the provision of audiovisual media services, in accordance with the definition in Article 71a of the abovementioned Law 30/1992 of 26 November, thus seeking to give greater speed and effectiveness to the initiation of such activity. However, the establishment of prior communication as the only requirement for the provision of audiovisual media services shall be without prejudice to the powers of verification, control and inspection by the Member States. General government, as set out in Article 71a (3

.

Secondly, by means of this royal decree, the legal regime of the registration in the State Register of Audiovisual Communication Services Prestors under the Spanish jurisdiction is established, as well as its structure-the audiovisual services are ordered, according to the Community standard, depending on whether they are linear or non-linear, and how they operate. All this, in accordance with the provisions of the additional provision seventh of Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition, which incardina this Register in the Ministry of Industry, Energy and Tourism. In fact, Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition entrusts some functions of the defunct Commission of the Market of the Telecommunications to the Ministry of Industry, Energy and Tourism. The seventh additional provision lists the functions which the Ministry of the Audiovisual Media will exercise in the field of audiovisual media, among which it is to receive communications from the service providers of the audiovisual media service and to bring the State Register of Audiovisual Communication Services. In addition, as a transitional regime, it provides for Law 3/2013 of 4 June in its transitional provision fourth that ' in relation to the functions which, in accordance with this law, are to be transferred to the ministries, the National Commission of the Markets and Competition, once it has entered into operation, will carry them out until the moment when the ministerial departments have the necessary means to exercise them (...) ". Royal Decree 657/2013, of 30 August, approving the Organic Statute of the National Commission of the Markets and Competition, lays down the details of this transitional period in its sixth transitional provision, providing that " The order of the Minister of the Presidency, at the proposal of the ministerial department that will assume the functions and the Ministries of Economy and Competitiveness and of Finance and Public Administrations will be determined the date from which the Ministerial department will begin to exercise effectively the above powers ". Accordingly, this royal decree will enter into force on the day following that of the publication in the "Official Gazette of the State" of the said Ministerial Order.

On the other hand, Law 11/2007, of 22 June, of electronic access of citizens to public services was enacted with the fundamental objective of promoting the application of electronic means to the work processes and to the Management of procedures and administrative action, under the criteria of administrative simplification. Thus, the use of electronic means by public administrations is configured as a citizens ' right and an obligation for the administration. In particular, Article 27 (6) of Law 11/2007 of 22 June 2007 provides that ' the public authorities may, by way of regulation, establish the obligation to communicate with them using only electronic means, where the (a) are concerned with legal persons or groups of natural persons who, by reason of their economic or technical capacity, professional dedication or other accredited reasons, are guaranteed access and availability of the means "precise technology." On the other hand, Royal Decree 1671/2009 of 6 November 2009, for which Law 11/2007 is partially developed, of 22 June, provides in Article 32 that the obligation to communicate by electronic means may include, where appropriate, the the practice of administrative notifications by electronic means, as well as the necessary use of the electronic records specified.

Given the nature of the activity developed by audiovisual media service providers, the State Register of Audiovisual Communication Services which is now regulated is intended to include: legal persons or groups of natural persons who, by their professional dedication or their technical capacity, are guaranteed access and availability of the precise technological means to communicate with the Ministry of Industry, Energy and Tourism using electronic means. Therefore, in order to contribute to the impulse of the use of electronic means in the relations of the Administration with the companies and professionals, facilitating the processing of the procedures of registration and modification of the data Provided by the providers, it is considered appropriate to establish the mandatory use of electronic means of communication for the management of the State Register of Audiovisual Communication Services.

On the other hand, in order to promote transparency in the audiovisual market and to allow the control of the legal provisions to guarantee pluralism in that market, the State Registry of Prestors of Services of Audiovisual Communication will be accessible on the website of the Ministry of Industry, Energy and Tourism, for consultation by any natural or legal person, Public Administration or institution of any nature. This provision is in line with the provisions of Community legislation. Directive 2010 /13/EU of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Directive of audiovisual media services) points out in recital 45 that ' given the specific characteristics of audiovisual media services and, in particular, their impact on the views of persons, it is essential that the users know exactly who is responsible for their content. " It further recommends that "Member States ensure that users have easy and direct access at all times to information about the media service provider".

Another important element, according to the provisions of article 33.4 of Law 7/2010, of 31 March, are the relations that will have to be established between the Ministry of Industry, Energy and Tourism and the responsible bodies in each autonomous community to promote the articulation of the necessary means of collaboration that facilitate access and coordination with the Autonomous Registers. The forecast of Article 33.4 cited-which states that "the competent audiovisual authorities of the State and the Autonomous Communities must articulate a channel to ensure the necessary coordination between the State Registry and the Registers". In the case of the Commission, the Commission has taken into account the fact that the Commission has taken the necessary measures to ensure that the measures are taken into account in the light of the present situation. Among the areas of application of the aforementioned law is the audiovisual sector, while it is an economic sector and the provisions established in it regarding the maximum simplification of the formalities are applicable. (a) administrative and administrative measures, as well as those relating to the effectiveness throughout the national territory of the prior notification of initiation of activity contained in Chapter V of that law. Consequently, this royal decree proceeds to establish the mechanisms of relationship between the Autonomous Registers and the state, opting for a model of the State Registry that contains the registration of the autonomous communities, thus becoming a central repository of all information on audiovisual services. This will not be detrimental to the development of the audiovisual skills that are attributed within the sectoral regulations to the autonomous communities.

As for its structure, the royal decree consists of 35 articles, structured in four titles, a final part consisting of a single additional provision, two transitional provisions and three final provisions, as well as a Annex. The preliminary title contains the general provisions of the standard. Title I regulates the conditions for the provision of audiovisual media services. Title II provides for the procedure for recognising the loss of the status of a provider of audiovisual media services. Finally, Title III regulates the State Register of Audiovisual Communication Services and consists of five chapters (Chapter I on subjects required to be registered and on data and acts inscriptions; Chapter II on the registration procedure; Chapter III on the legal status of the registration; Chapter IV on the structure and functioning of the Register; and Chapter V on the framework for collaboration between the State Registry of Audiovisual Communication Services with the corresponding Autonomous Registers according to the forecasts laid down in the current legislation). The royal decree contains an annex with the structure of the Register.

As for the processing of the royal decree, a hearing has been held within the Advisory Council for Telecommunications and the Information Society, in accordance with the provisions of Royal Decree 1029/2002 of 4 October, establishes the composition and the working arrangements of the body.

This royal decree is issued under the jurisdiction of the State to establish the basic rules on social media in accordance with the provisions of Article 149.1.27. of the Constitution, without prejudice to the powers of the autonomous communities in their development and implementation.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 25 September 2015,

DISPONGO:

PRELIMINARY TITLE

General provisions

Article 1. Object.

The purpose of this royal decree is to establish the organization and the electronic functioning system of the State Register of Audiovisual Communication Services and its relations with the Autonomous Registers of audiovisual communication services, as well as the procedure for prior communication of the start of activity.

Article 2. Scope.

This royal decree will apply to all audiovisual media services of state coverage, as provided for in article 2.3 of Law 7/2010, of March 31, General of Audiovisual Communication.

Article 3. Definitions.

The terms mentioned in this royal decree have the meaning provided for in Article 2 of Law 7/2010, of March 31.

TITLE I

Providing the audiovisual communication service

Article 4. Conditions for the provision of audiovisual media services.

1. The provision of audiovisual media services which are provided by terrestrial hertzian waves shall require prior authorisation.

2. The provision of state-wide audiovisual media services which are not provided by terrestrial hertzian waves will require communication to the Ministry of Industry, Energy and Tourism, which is pre-established at the beginning of the activity, as provided for in the following article.

3. Natural or legal persons from countries not members of the European Economic Area providing audiovisual media services shall designate a representative domiciled in Spain for the purposes of notifications.

Article 5. How to perform prior communication.

1. Prior communication shall be made by the application of the electronic register, accessible at the electronic headquarters of the Ministry of Industry, Energy and Tourism.

2. The information provided by the providers of the audiovisual media service shall be the information referred to in the paragraphs of Article 12, except for points (h), (i), (j), (k) and (l) of Article 12.1 and points (e) and (n) of Article 12.2.

3. Once prior communication has been carried out, the person concerned may initiate the provision of the audiovisual media service.

Article 6. Sub-healing of prior communication.

1. Upon receipt of the prior notice, the competent authority shall verify that the person concerned meets the requirements to be a provider of the audiovisual media service.

2. If the documentation provided by the person concerned is incomplete, the person concerned shall be required to remedy the deficiencies or to accompany the required documents within a period of 10 days.

3. After the period specified without the information provided for in points (a), (b), (c), (d), (e), (f) and (g) of Article 12.1 and the information provided for in points (a), (d), (f), (g), (h), (i) and (k) of Article 12 (2), or in the case where the data subject is not meet the requirements to be a provider of the audiovisual media service, the holder of the Secretariat of State of Telecommunications and the Information Society shall give a reasoned decision determining the impossibility of continue to provide the service.

4. Against the decision referred to in the preceding paragraph, which ends the administrative procedure, the replacement of the powers of replacement may be brought before the same body as the judgment, in accordance with the provisions of Article 116 et seq. of the Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, or such resolution may be directly challenged in the judicial-administrative judicial order.

Article 7. Prior communication without effects.

1. Prior notice shall not produce any effect in the cases provided for in Article 71 bis.4 of Law No 30/1992 of 26 November 1992 and, in any event, in the following cases:

(a) When it is performed by whom, having already made prior communication, has been sanctioned with the deprivation of its effects in the previous two years by firm administrative resolution.

b) When it is performed by whom, having obtained a prior license for any scope of coverage, it has been sanctioned with its revocation in the previous two years by firm administrative resolution.

(c) Those companies in whose capital they have a significant or, where appropriate, controlling, direct or indirect participation, persons who are in one of the situations referred to in paragraphs (a) and (b).

(d) Where it is carried out by natural or legal persons who have provided audiovisual services in another Member State of the European Economic Area and an audiovisual authority of a Member State has prohibited them from exercising of its activity over the last two years for violating the principles and values of the European Convention on Human Rights.

e) Where it is carried out by natural or legal persons who have provided audiovisual services in another Member State of the European Economic Area and an audiovisual authority of a Member State has prohibited them from exercising of its activity over the last two years for violating the provisions of European legislation on the protection of minors.

2. By resolution of the holder of the Secretariat of State of Telecommunications and the Information Society, within three months of the prior communication, the concurrence of any of the circumstances shall be declared. provided for in the preceding paragraph and, where appropriate, the impossibility of calling for a similar procedure with the same object and the duration of that impossibility.

3. Against the decision referred to in the preceding paragraph, which ends the administrative procedure, the replacement of the powers of replacement may be brought before the same body as the judgment, in accordance with the provisions of Article 116 et seq. of the Law 30/1992, of 26 November, or such decision may be directly challenged in the face of the judicial-administrative court order.

Article 8. Provision of licensed audiovisual media services.

The provision of audiovisual media services by terrestrial hertzian waves shall be made in accordance with the licence granted in public tender, pursuant to Article 27 of Law 7/2010, of 31 December 2011. March.

TITLE II

The loss of the condition of the audiovisual media service provider

Article 9. Causes of loss of status as a provider of audiovisual media services.

1. The State-wide audiovisual media service provider shall cease to have such a condition in general under the circumstances set out in Article 71.4 a of Law No 30/1992 of 26 November 1992, and in particular the following cases: cases:

a) By the cessation of the service provider's activity.

(b) By extinguishing the legal personality of the provider, except in the case of mergers or mergers. Also, in the case of natural persons, in the event of death or incapacity.

(c) By a firm administrative sanction, in accordance with the provisions of Title VI of Law 7/2010 of 31 March, determining the loss of the status of the provider of audiovisual media services.

(d) By extinguishing the licence in the case of services which are carried out by terrestrial hertzian waves, as provided for in Article 30 of Law 7/2010, of 31 March.

2. The circumstances referred to in points (a) and (b) of the previous paragraph shall be communicated immediately by the provider to the State Register of Audiovisual Communication Services.

Article 10. Recognition of the loss of the status of the audiovisual media service provider.

1. The loss of the status of the audiovisual media service provider shall be agreed upon by resolution of the holder of the Secretary of State for Telecommunications and the Information Society.

2. The procedure shall be initiated ex officio in the following terms:

(a) In the cases referred to in Article 9 (1) (a) and (b), after receipt of the communication of the circumstances identified therein.

(b) In the case of Article 9 (1) (c), once the penalty imposed has been established, it shall be final.

(c) In the case of Article 9 (1) (d), the termination of the licence shall entail the loss of the status of the audiovisual media service provider.

3. The time limit for agreeing the loss of the status of the audiovisual media service provider shall be three months from the initiation of the procedure.

4. Against the decision referred to in the preceding paragraph, which ends the administrative procedure, the replacement of the powers of replacement may be brought before the same body as the judgment, in accordance with the provisions of Article 116 et seq. of the Law 30/1992, of 26 November, or such decision may be directly challenged in the face of the judicial-administrative court order.

TITLE III

The State Register of Audiovisual Communication Services Providers

CHAPTER I

Subject to registration and data and enrollable acts

Article 11. Audiovisual media service providers included in the Register.

The following subjects shall be registered at the State Registry of Audiovisual Communication Service Providers, with the effects provided for in Article 14:

(a) The providers of the audiovisual communication service, of public or private ownership, of a state within the Spanish jurisdiction.

b) The holders of significant shareholdings in the providers of the audiovisual media service, in accordance with Article 33.2 of Law 7/2010, of 31 March.

Article 12. Data and acts for registration.

The following information will be entered:

1. With regard to the provider of the audiovisual media service:

(a) First and last names or, where applicable, name or social reason and nationality of the provider.

(b) The tax identification number of the provider (NIF), or equivalent documentation in case of a non-Spanish provider.

c) The provider's registered office.

(d) Name, surname, national identity card or passport of the legal representative and evidence of representation capacity.

e) Address and e-mail address of the representative of the media service provider.

(f) Home in Spain for the purpose of notifications from the audiovisual media service provider.

(g) Name and last name or, where applicable, name or social reason, including the tax identification number of holders of significant holdings in the share capital, with an indication of the percentages directly and indirectly. In addition, the number of shares per shareholder with significant holdings should be indicated.

h) Supporting documentation of the constitution of the legal person.

i) Management bodies of the company in the event that the service provider is a legal person, and subsequent amendments.

j) Supporting documentation of the participation of the audiovisual media service provider and/or its partners in the capital or voting rights of other providers.

(k) Documents attesting to legal acts and business involving the transmission, provision or taxation of the shares referred to in the preceding subparagraph or the transfer or promise of the transfer of shares, units or shares equivalent to the direct or indirect acquisition of the shares of an undertaking whose object is the provision of an audiovisual media service.

l) In the case of licensees of non-profit audiovisual media services, this characteristic shall be stated in an express manner.

2. For each audiovisual communication service offered by the provider:

a) Commercial name of the audiovisual media service.

b) General characteristics of the service (television or not, licensee or not) and type of content (generalist or thematic).

c) Language or languages of the service.

d) Type of broadcast of the audiovisual communication service (linear, on request, in open, coded, subscription payment, pay-per-view or other).

e) Administrative number of the enabling title for the use of the public radio domain, in case the service requires it.

f) Mode of service transmission: Digital Terrestrial Television (DTT), DAB, AM, FM, Satellite, Cable, IPTV, Internet or others. In addition, in case of a radio broadcast, it shall be indicated if this is a chain issue.

g) Platforms for the dissemination of audiovisual services, with the understanding of commercial services provided by third parties who disseminate the audiovisual communication service of the provider.

h) Denomination of the operator providing the uplink service (up-link) with indication of the satellite capacity, transponders and frequency used, in case of satellite emission.

i) A web page or domain through which the audiovisual communication service is accessible, in the case of a service on request.

j) Date of start of emissions and date of cessation of emissions if planned.

k) Geographical scope of emissions.

l) Tipologia of the target audience.

m) Time of service emissions.

n) Cese of the provision of the audiovisual communication service and causes.

n) Identification of subtitling, audio description, and sign language services.

CHAPTER II

Enrollment procedure

Article 13. Right of registration.

1. Providers of the state-wide public or private audiovisual communication service shall have the right to be registered in the State Register of Audiovisual Communication Services.

2. The data of the audiovisual media service providers of regional or local authority registered in their corresponding Autonomous Register of audiovisual media service providers shall be integrated into the State Register of Providers of Audiovisual Communication Services in accordance with the provisions of Title V.

Article 14. Character of the inscription.

The registration in the State Register of Audiovisual Communication Services Prestors will be declarative.

Article 15. Registration procedure in the Register.

The first registration in the Register, in relation to the provider as well as the audiovisual media service intended to be provided, will be performed ex officio once the required license has been granted or once the prior notice in accordance with Article 5.

Article 16. Unique number of enrollment.

The discharge procedure in the State Register of Audiovisual Communication Services providers shall assign to the provider a unique registration number with which he may proceed to register the successive amendments of the entered data.

Article 17. Information to be provided to process the registration in the Register.

In order to be registered in the State Register of Audiovisual Communication Services, the provider shall provide the information contained in Article 12 that is applicable, depending on whether the provider is is subject to the prior communication regime or the licensing regime.

CHAPTER III

Enrollment legal regime

Article 18. Realization of the enrollment.

1. Having received the documentation in the State Register of Audiovisual Communication Services, that body will examine and verify whether it meets the requirements for registration.

2. In the case of the full documentation, the registration shall be validated in the Register and communicated to the provider.

Article 19. Modification of the data entered in the Register.

1. Providers of the state-wide audiovisual media service should communicate to the State Registry of the Prestors of the Audiovisual Communication Service any modification affecting the information contained therein.

2. Any amendments to the data and the acts entered by a provider which shall be made out of any act of the Administration shall be notified to the person in charge of the Register in order to be registered as an official.

Article 20. Deadline for communicating the modification of data entered in the Register.

The time limit for the communication of the modifications shall be one month from the date on which they occur.

Article 21. Communication of the modification.

The communication of modification of any data or act recorded in the State Register of Prestors of the Audiovisual Communication Service shall be carried out by means of the computer application accessible through the headquarters The Ministry of Industry, Energy and Tourism.

Article 22. Documentation to be provided to the data modification communication entered in the Register.

Any communication of modification of the data or acts entered in the State Register of Prestors of the Audiovisual Communication Service and, in particular, in the case of modifications concerning the holders of significant holdings in a provider shall be accompanied by the appropriate supporting documentation.

Article 23. Other data included in the Registry.

1.Trade notes shall be made on the margins of the registration for the audiovisual media service providers, which shall, where appropriate, collect any firm sanction imposed in accordance with the provisions of this Regulation. Law 7/2010 of 31 March 2010, and in particular the cessation of emissions and the provisional closure of equipment and installations.

For these purposes, the National Commission of the Markets and the Competition will communicate to the Secretariat of State of Telecommunications and to the Information Society the resolutions and the acts that within the framework of its competences, impose the penalties referred to in the previous paragraph.

2. In addition, extra-registration situations which may affect the data and registered acts may be registered as preventive annotations.

3. The notes and notes to be recorded shall be cancelled if the circumstances that determined their practice have ceased to exist.

Article 24. Cancellation of registration.

Following the loss of the condition of the provider of audiovisual communication services in accordance with the provisions of Article 10, the registration of the media service provider in the audiovisual media shall be automatically cancelled. State Register of Audiovisual Communication Services.

Article 25. Resource regime.

1. Resolutions that deny registration in the State Register of Audiovisual Communication Services, as well as the cancellation decisions for registration, both approved by the holder of the Secretariat of State Telecommunications and the Information Society will put an end to the administrative route.

2. Against the decisions provided for in the preceding paragraph, it may be brought before the same body which issued them, in accordance with the provisions of Article 116 et seq. of Law No 30/1992, of 26 November, or those of the Decisions may be challenged directly in the context of the administrative-administrative court order.

CHAPTER IV

Organization and Operation of the Registry

Article 26. Object of the Registry.

The State Register of Audiovisual Communication Services is intended to collect the compulsory registration of all providers of audiovisual media services at the State level and, in their case Regional Registers, as well as how many facts, legal businesses and technical circumstances affect the service holders, and the service itself, as well as their modifications.

Article 27. Nature and scope of the Register.

1. The State Register of Audiovisual Communication Services is a public record and is of an administrative nature.

2. The State Register of Audiovisual Communication Services is a state register and is attached to the Secretariat of State for Telecommunications and the Information Society under the Ministry of Industry, Energy and Tourism.

3. The processing of the data contained in the State Register of Audiovisual Communication Services is affected by the provisions laid down in Organic Law 15/1999 of 13 December on the Protection of Data of Character Staff.

Article 28. Electronic Management of the Registry.

1. The management of the State Register of Audiovisual Communication Services is exclusively electronic.

2. Audiovisual media service providers shall consult, make representations, provide documentation and make appropriate communications to the State Registry of the Audiovisual Communication Service by means of the access to the relevant application at the electronic headquarters of the Ministry of Industry, Energy and Tourism.

3. Communications requiring the use of the data or documentation provided shall be notified by electronic means to the persons concerned, who may consult them after identification in a secure manner at the Ministry's electronic headquarters Industry, Energy and Tourism.

4. The communications to the persons concerned other than those referred to in the previous paragraph shall be made by electronic means.

Article 29. Structure of the Registry.

1. The State Register of Audiovisual Communication Services Providers will be structured in two groups:

a) Linear audiovisual communication service providers.

b) Non-linear audiovisual communication services providers.

2. Each group shall be composed of sections, as specified in the Annex.

Article 30. Information contained in the Registry.

The information contained in the State Register of Audiovisual Communication Services is to be contained in Article 12 in relation to both the audiovisual media service providers and the audiovisual media services that they provide.

Article 31. Formal advertising of the Register.

At the electronic headquarters of the Ministry of Industry, Energy and Tourism will be made available the information regarding the providers of audiovisual communication services as provided for in Law 19/2013, 9 of December, transparency, access to public information and good governance.

Article 32. Access to the Registry.

The registration of the State Register of Audiovisual Communication Services Prestors will be public and the registered registered seats will be freely accessible for consultation by any person with the limits established in Article 14 of Law 19/2013 of 9 December.

Article 33. Issue of certificates.

1. Any natural or legal person may request certifications from audiovisual media service providers and other registered acts.

2. The registration certificates shall provide proof of the contents of the registered seats.

CHAPTER V

Relationship with the Autonomous Registers of Service Providers of Audiovisual Communication and Collaboration between the same

Article 34. Collaboration of the State Register with the Autonomous Registers.

1. The information exchanged between the Autonomous Registers and the State Registry shall always be contained in electronic support.

2. The bodies responsible for the Autonomous Registers shall provide the information necessary to complete the data contained in the State Register.

Article 35. Forms of cooperation between the State Registry and the Autonomous Registers.

In compliance with the principles of collaboration between the State Register of Audiovisual Communication Services and the Autonomous Registers, the following forms of cooperation will be established:

(a) The regional registers of providers of audiovisual media services shall communicate to the State Register of Audiovisual Communication Service Providers the registration and their modifications of the service providers registered audiovisual communication services, as well as the cessation of activity, at the time of the practice of the corresponding seats, by means of the authorised copy of the corresponding registration sheet and of its modifications.

(b) Both the State Registry and the Autonomous Registers of Audiovisual Media Service Providers shall provide each other with a copy of the documentation at their disposal, when they require it for the exercise of the registry functions that correspond to them.

Single additional disposition. No increase in public spending.

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

First transient disposition. Subject to registration.

The providers of audiovisual media services at national level that until the entry into force of Law 7/2010 of 31 March, General of Audiovisual Communication did not have the obligation to carry out the communication prior to the provision of the service, as well as those who have started their activity and are not registered in any of the registers, they shall have a period of three months from the entry into force of this royal decree to communicate to the Ministry of Industry, Energy and Tourism for the purpose of registration in the State Register of Audiovisual Communication Service Providers.

Second transient disposition. Subjects enrolled in previous administrative records.

Once this royal decree enters into force, the audiovisual media service providers will be required to update or complete the information contained in the register, if necessary and within three months. previous.

Final disposition first. Enforcement powers.

1. The holder of the Ministry of Industry, Energy and Tourism may lay down the detailed rules for implementing and implementing this royal decree.

2. The holder of the Ministry of Industry, Energy and Tourism may amend by resolution the contents of the annexes of this royal decree.

Final disposition second. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.27. of the Constitution, which attributes to the State the competence in matters of basic regulation on the media, without prejudice to the powers that in their development and implementation correspond to the Autonomous Communities.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day following that of the publication in the "Official Gazette of the State" of the Ministerial Order referred to in the sixth transitional provision of Royal Decree 657/2013, 30 of August.

Given in Madrid, on September 28, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

ANNEX

Structure of the State Register of Audiovisual Communication Services Prestors

License

License

Television

State Scope

autonomic and local

Radio

autonomic and local

communication

Television and State Radio

Television and Radio Autonomous and Local

Non-Linear Audiovisual Communication Services Prestors

State-wide prior

Communication

a local and regional