The Digital Agenda for Spain, approved by the Government at the meeting of the Council of Ministers of 15 February 2013, sets out the strategy of Spain to achieve the objectives of the Digital Agenda for Europe and pursues, other objectives, to promote the development of networks and services to ensure digital connectivity.

Broadband networks and, in particular, ultra-fast broadband networks are the infrastructures that will support the digital world in the coming years and an indispensable condition for competing in a globalised world.

For this reason, the additional provision of Law 9/2014, of 9 May, General of Telecommunications, provides that by royal decree the competent bodies will be identified and the procedures of coordination between administrations and public bodies, in relation to public support for broadband.

In turn, the additional eighteenth provision of the said General Telecommunications Law contains a mandate to the Government to establish a National Ultrarfast Network Strategy that aims to boost deployment networks for ultra-fast access to broadband, both fixed and mobile, in order to achieve their universalisation, as well as to encourage their adoption by citizens, businesses and administrations, in order to ensure social and territorial cohesion.

This Strategy should take the necessary steps to achieve the concrete objectives of coverage and adoption set by the Digital Agenda for Europe and incorporated into the Digital Agenda for Spain and, in particular, for achieve the universalization of a connection that allows for broadband data communications that will be progressively extended, so that in the year 2017 it will reach a minimum Internet speed of 10 megabit per second (Mbps) and before the end of the year 2020 will reach all users at a minimum internet speed of 30 Mbps, and at least the 50% of households may have access to services of speeds exceeding 100 Mbps.

In addition, the Strategy should include policies to increase the adoption and use of ultra-fast broadband between citizens, businesses and administrations. In particular, the necessary actions are considered to be a priority to promote regional health centres, public universities, public secondary schools and all public libraries in towns and cities. the region has a connection to the public communications network with functional access to the Internet at a minimum speed of 30 Mbps in 2016 and 100 Mbps in the year 2020. These measures will be articulated with due collaboration and coordination with the autonomous communities.

In the light of all this, the present royal decree is intended to ensure that the aid granted by the various public administrations, which is intended to promote the promotion of the Information Society by means of the The promotion of the provision and availability of broadband networks, which make it possible to stimulate the economy and digital employment and the provision of innovative digital services, are compatible with the sectoral telecommunications regulations and with the broadband plans of the Ministry of Industry, Energy and Tourism.

As expressly mentioned in the abovementioned additional provision of the General Telecommunications Law, the call for and grant of aid must in any event respect the Community framework and the objectives stipulated in Article 3 of that law.

To this end, it should be noted that the European Union Guidelines for the application of State aid rules to the rapid deployment of broadband networks, published in the OJ, with reference 2013 /C 25/01 (in The guidelines set out the procedure and criteria for the assessment by the European Commission of the compatibility with the market of such aid, as referred to in Article 107.3 of the Treaty on the Functioning of the European Union.

These Guidelines apply to all models of intervention that are used by public authorities to support the deployment of broadband networks, which can, inter alia, take the following forms: In the form of grants, loans under better conditions than offered by the market, support in kind, broadband network (or part thereof) operated by the State or broadband network managed by a concessionaire.

The same guidelines set out a number of recommendations to the Member States, for which it is necessary to assign functions to the competent national bodies and to set up a coordination mechanism between them. the purpose of establishing the appropriate legal basis to facilitate the design of the measures to be implemented, while at the same time trying to speed up the process of obtaining the corresponding authorisation by the European Commission in state aid material.

In particular, the above Guidelines establish in relation to the suitability of State aid as a policy instrument and design of the measure which is essential for the coordination of interventions to be carried out at the level of the national, regional or municipal authorities to avoid duplication and inconsistencies, encouraging Member States to devise national plans, wherever possible, containing the main guiding principles of public initiatives. The Guidelines recognise the important role that National Regulatory Authorities should play in the light of technical expertise and experience due to the key role attributed to them by sectoral legislation. In Spain, the two National Telecommunications Regulatory Authorities concerned in this respect, in accordance with the provisions of the General Telecommunications Law, are, on the one hand, the Government, through the Secretariat of State of Telecommunications and Information Society (SETSI) of the Ministry of Industry, Energy and Tourism and on the other, the National Commission of Markets and Competition (CNMC).

These two National Regulatory Authorities are best placed to support public administrations in relation to aid measures in the work of identifying areas of action, determining prices and conditions for wholesale access and the settlement of disputes between applicants for such access to broadband networks. In addition, in relation to the design of the measure and the need to limit distortions of competition, the guidelines state that it should be clearly identified which geographical areas will be covered by the measure of support, provided that be possible in cooperation with the competent national bodies, recommending consultation of the National Regulatory Authority.

Therefore, and in relation to the coordination actions identified, the real decree provides for the elaboration by the SETSI of a detailed map of broadband coverage that facilitates the design of the mentioned measures help.

Additionally, the approval of guidelines for public administrations seeking to grant aid to promote the promotion of the Information Society through the promotion of supply is also foreseen. and availability of broadband networks.

However, in essence, the coordination of the aid measures is ensured by the issuance by the SETSI of a report on the compatibility of the aid measure promoted in relation to the legal regime of the the telecommunications and broadband plans of the Ministry of Industry, Energy and Tourism. This report, which will be binding on this compatibility, will also address compliance with the conditions laid down in the European Union guidelines, including the price and price requirements. Wholesale access conditions that would have been communicated by the CNMC.

Among other aspects, in order to assess whether the aid measures to be granted by the public administrations are compatible with the broadband plans of the Ministry of Industry, Energy and Tourism, it will be analyzed if complementary to the measures put in place by the Ministry for the deployment of broadband networks. Such complementarity may, among other reasons, comply with measures aimed at specific areas which, due to their special characteristics, require specific action.

By order of the Minister of Industry, Energy and Tourism, thresholds can be established, among others, for the benefit population, the characteristics of the services to be provided or the amount of the aid, below which the SETSI report may be replaced by a declaration by the competent authority of the public administration seeking to grant the aid, although the royal decree provides that the SETSI report shall be compulsory in the case of aid measures to be notified to the European Commission in line with the forecasts Article 108 of the Treaty on the Functioning of the European Union.

All of this regulation incorporated by this royal decree implies that the additional provision of Circular 1/2010 of 15 June 2010 of the Telecommunications Market Committee, for which the Commission is responsible, is not applicable. the conditions for the operation of networks and the provision of electronic communications services are regulated by public administrations.

Moreover, two amending final provisions of two existing regulatory texts are included in the royal decree. Thus, the final provision first amends Royal Decree 964/2006 of 1 September 2006, which approved the national technical plan for sound broadcasting in metric waves with frequency modulation. The purpose of the amendment is to eliminate administrative formalities, to promote simplification and administrative efficiency, and to promote the use of telematic means in relations with the administration. the procedure under which the SETSI grants the public domain concessions to the FM licences granted by the autonomous communities, analyzes the technical projects and carries out the pre-commissioning inspections operation of each station. One of the deleted procedures is that the technical project of the FM station does not have to be presented through the autonomous communities but directly before the SETSI.

The second final provision amends the Regulation on the use of radio public domain, approved by Royal Decree 863/2008 of 23 May 2008, to enable the granting of a provisional authorisation for the holding of an orbit-spectrum resource, which is in the process of planning and coordinating in the International Telecommunication Union (ITU). With this in view of the extensive deadlines (around 7 years) that are handled in the planning and coordination in the ITU of these orbit-spectrum resources, legal certainty and the possibility of use is provided to the operator who has urged the obtaining the orbit-spectrum resource. Provisional authorisation, as the name suggests, is not a definitive title and is always conditional on the ITU's recognition of the orbit-spectrum resource and the lack of technical problems.

Finally, the third final provision comes to the repeal of the Code of Conduct for the provision of additional charging services of 23 July 2004, taking into account the doctrine laid down by the Court of Justice. Supreme in his judgment in Section 3 of the Chamber of the Administrative-Administrative Court of 29 January 2015.

The present royal decree, consisting of six articles, an additional provision, a transitional provision, a derogation provision and seven final provisions, is made available under State competition in the field of Article 149.1.21. of the Spanish Constitution.

During its processing the royal decree has been the subject of a report by the National Commission of the Markets and Competition and by the Advisory Council of Telecommunications and the Information Society, a body in which, in addition of the telecommunications sector, the autonomous communities and local authorities are represented. In accordance with the provisions of the fifth additional provision of Law 9/2014 of 9 May, General Telecommunications, the report of this body is equivalent to the conduct of the hearing procedure governed by Article 24.1.c) of the Law 50/1997, of 27 November, of the Government. The project has also been submitted to the Ministry of Finance and Public Administrations for the purposes of Article 24 (3) of the same law.

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 June 5, 2015,

DISPONGO:

Article 1. Object and scope of application.

1. It is the object of this royal decree to establish certain instruments and procedures for administrative coordination in order to ensure the proper coordination of the aid measures intended to be carried out by the different public administrations aimed at encouraging the promotion of the Information Society by promoting the supply and availability of broadband networks that make it possible to stimulate the economy and digital employment and the the provision of innovative digital services, as well as ensuring that such aid measures are compatible with the legal system of telecommunications and with broadband plans of the Ministry of Industry, Energy and Tourism.

2. In addition, these instruments and procedures are also intended to facilitate compliance by public administrations which intend to grant aid referred to in the previous paragraph of the European Union Guidelines for the application of the State aid rules to the rapid deployment of broadband networks, as set out in the Communication of the European Commission 2013 /C 25/01.

3. For the purposes of this royal decree, aid shall be granted in accordance with Article 107.1 of the Treaty on the Functioning of the European Union, and shall be deemed to be public administrations as identified in Article 2 of the Treaty. Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and the other entities that make up the public sector.

Article 2. Coverage Map.

The Secretary of State for Telecommunications and the Information Society will draw up an annual ultrafast broadband coverage report to facilitate the design of aid measures referred to in this royal decree by the different public administrations and the identification of the areas eligible for action, in accordance with the guidelines of the European Union. It shall also make available to the public authorities requesting it the information they need to implement such aid measures.

For the identification of the areas eligible for action, the Secretariat of State for Telecommunications and the Information Society shall carry out a public consultation, addressed to the agents directly concerned and, in

Committee on the European Economic and Social Committee's opinion on the proposal for a European Parliament

Article 3. Mandatory report of the Secretariat of State of Telecommunications and the Information Society.

1. Public administrations which intend to grant aid to promote the promotion of the Information Society by promoting the provision and availability of broadband networks will ask the Secretariat of State to Telecommunications and for the Information Society the issuance of a report whose content and effects are set out in paragraph 3.

Together with the application will accompany a description of the measure and the draft legal instrument that establishes the bases for the granting of the aid, where the areas of action must be included, at least three months before of its notification to the European Commission. Where a report is requested on an aid measure whose notification to the European Commission is not required, this request shall be submitted with a minimum of three months in advance of its approval.

2. The Secretariat of State for Telecommunications and the Information Society will then forward to the National Commission on Markets and Competition the information received from the public administration concerned, requesting it to report on the requirements relating to the fixing of the prices and conditions for wholesale access to the infrastructures which are the subject of such aid.

The National Markets and Competition Commission shall forward this report to the Secretary of State for Telecommunications and the Information Society within a maximum of two months from the request.

3. The report of the Secretariat of State for Telecommunications and the Information Society will decide on the compatibility of the aid measure promoted in relation to the legal system of telecommunications and with the plans of broadband of the Ministry of Industry, Energy and Tourism, where, among other things, the compatibility with the broadband coverage map referred to in Article 2 and the complementarity with the aid measures of the Ministry of Industry, Energy and Tourism will be assessed. Ministry. The report shall be binding on the applicant public administration seeking to grant such aid in all cases referred to in this paragraph.

The report may also include an assessment of the adequacy of the aid measure with the conditions laid down in the European Union Guidelines and recommendations for compliance with the wording of the report. a literal of the requirements relating to the fixing of prices and conditions of wholesale access which have been communicated by the National Commission of the Markets and the Competition in the report issued at the request of the Secretary of State for Telecommunications and the Information Society.

Article 4. Reference thresholds.

1. By order of the Minister for Industry, Energy and Tourism, thresholds may be established for the benefit of the benefit, the characteristics of the services to be provided or the amount of the aid, below which the amount of the aid will be the report referred to in Article 3 or, alternatively, may be replaced by a statement responsible for the information referred to in Article 3, or, alternatively, the report referred to in Article 3 shall be required to be requested from the Secretariat of State for Telecommunications and the Information Society. the competent authority of the public administration which intends to grant the aid, which will cover the compatibility of the aid with the telecommunications legal regime and its complementarity with the broadband plans of the Ministry of Industry, Energy and Tourism.

However, the report of the Secretary of State for Telecommunications and the Information Society will be mandatory in the case of aid measures to be notified to the European Commission in compliance with the provisions of Article 108 of the Treaty on the Functioning of the European Union.

2. In the event that, as provided for in the previous paragraph, the report of the Secretariat of State for Telecommunications and the Information Society may be replaced by a statement responsible for the competent body of the Public administration intending to grant the aid, this declaration shall be submitted in accordance with the procedure and the content set out in that order referred to in the preceding paragraph, which shall also establish the documentation to be provided by the Refer to the aforementioned Secretariat of State

Article 5. Publishing information and follow-up reports.

1. The Secretariat of State of Telecommunications and the Information Society shall have an Internet portal in which it may publish, directly or through links, the following contents:

a) The broadband plans of the Ministry of Industry, Energy and Tourism.

(b) The ongoing procedures for aid measures referred to in this Royal Decree that are notified to it by the Public Administrations.

c) Information that is sent to you by public administrations or is provided to you through the National Grant Database (BDNS) on such relief measures:

1. ° Full text of each approved aid measure and its implementing provisions, or a link to it

2. Name of the grantor authority

3. Name of beneficiaries of aid granted, modality and amount of aid, date of grant, type of beneficiary (SME, large enterprise), geographical location and main economic sector in which the beneficiary develops its activity.

2. In the case of aid measures forming part of national framework schemes, the Secretariat of State for Telecommunications and the Information Society shall draw up and submit the monitoring reports to be sent to the European Commission. from the implementation of the project which has received the aid, and every two years for the duration of the aid measure, by consolidating the information relating to the individual measures referred to it by the Public Administrations.

The Secretary of State for Telecommunications and the Information Society will forward a copy of these follow-up reports to the National Commission on Markets and Competition.

Article 6. Resolving access conflicts.

According to article 15 of Law 9/2014, General of Telecommunications, the National Commission of the Markets and the Competition will know of the conflicts in relation to the wholesale access to the networks of wide that have been the subject of aid.

Single additional disposition. Guidelines and guidelines.

1. On the order of the Minister for Industry, Energy and Tourism, which will be published in the "Official State Gazette", guidelines will be adopted for public administrations which intend to grant aid aimed at promoting the Information Society by promoting the provision and availability of broadband networks.

2. These guidelines shall include guidelines on the principles applicable to the fixing of wholesale access conditions and tariffs.

The wholesale access price should be based on the pricing principles established by the National Commission on Markets and Competition and on comparative patterns and should take into account the amount and the of aid received.

The National Commission of the Markets and the Competition will forward to the Ministry of Industry, Energy and Tourism the content to include in these guidelines in relation to the principles applicable to the fixing of the conditions and wholesale access rates.

Single transient arrangement. Transitional regime for compatibility reports.

As long as the order of the Minister of Industry, Energy and Tourism referred to in Article 4 is not approved, the public administrations that intend to grant aid directed to favor the impulse of the Society of the Information by promoting the supply and availability of broadband networks are only required to request the compatibility report of the Secretariat of State for Telecommunications and the Information Society, where such information is available. aid measures are to be notified to the European Commission in compliance with the provisions of the Article 108 of the Treaty on the Functioning of the European Union or where such aid measures are in accordance with the regulations exempting certain categories of aid from the notification obligation, adopted in accordance with Article 1 of the Treaty. Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid, as amended by Regulation (EU) No 994/98 Council Regulation (EC) No 733/2013 of 22 July 2013.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Amendment of Royal Decree 964/2006 of 1 September 2006 approving the national technical plan for sound broadcasting in metric waves with frequency modulation.

Article 3 of Royal Decree 964/2006 of 1 September 2006 approving the national technical plan for sound broadcasting in metric waves with frequency modulation is amended as follows:

" Article 3. Radio-based public domain concessions for the provision of the audio broadcasting audiovisual communication service in metric waves with frequency modulation.

1. Radio-broadcasting public domain concessions for the provision of the audiovisual communication service of sound broadcasting in metric waves with frequency modulation shall be granted in accordance with the characteristics (a) technical provisions laid down in the national technical plan approved by this royal decree and in accordance with the procedure laid down in the following paragraphs.

2. Once the competent authority of the autonomous community has communicated to the Secretariat of State of Telecommunications and to the Information Society the data of the holders to whom it has been awarded by that community Autonomous licences for the provision of the audiovisual communication service of sound broadcasting in metric waves with frequency modulation, the Secretariat of State of Telecommunications and the Information Society, upon request of the holder of the licence, shall grant the concession of radio-electric public domain each license. The time limit for resolving the granting of the radio-radio public domain concession shall be three months from the date of the submission of the application.

3. Within four months of the granting of the corresponding concession of radio public domain, the holder of the concession shall forward to the Secretariat of State of Telecommunications and to the Information Society the technical project of installation of the station, according to the forms and procedures established, to the effect, in the electronic headquarters of the Ministry of Industry, Energy and Tourism. The Secretariat of State of Telecommunications and the Information Society shall decide on the approval of the technical project within six months from its submission.

4. The installation of the radio station, the holder of the concession will ask the Secretary of State for Telecommunications and the Information Society for the authorization of the commissioning of the station, which requires the preceptiva and upon inspection of the facilities by the technical services of that State Secretariat, which shall have a period of three months from the submission of the application to carry out the inspection.

Once the inspection has been carried out and verified that the installations are in accordance with the approved technical project, the Secretariat of State of Telecommunications and the Information Society will authorize the operation of the broadcaster to the concession holder.

5. The Secretariat of State for Telecommunications and the Information Society, at the request of the autonomous community granting the audiovisual licence, shall report on the progress of the procedures for the approval of the projects. (a) technical and operational authorisations, corresponding to the radio-radio public domain concessions which are attached to the licences granted by it. '

Final disposition second. Amendment of the Implementing Regulation of Law 32/2003 of 3 November, General of Telecommunications, regarding the use of radio public domain, approved by Royal Decree 863/2008 of 23 May.

Article 31 (2) of the Implementing Regulation of Law 32/2003 of 3 November, General of Telecommunications, is amended as regards the use of radio public domain, approved by the Royal Decree 863/2008 of 23 May 2008, which is worded as follows:

" 2. Once the information relating to the request for the reserve of the orbit-spectrum resource submitted by the Kingdom of Spain has been published by the ITU, a provisional authorisation may be granted for the holding of such an appeal, if all the conditions required for such holding. In any event, such authorisation shall be subject to the technical characteristics and limitations resulting from the international coordination process and may be cancelled if technical problems arise in the operation of the orbit-spectrum resource or if the ITU does not recognise the reserve of the orbit-spectrum resource in favour of the Kingdom of Spain. '

Final disposition third. Repeal of the Code of Conduct for the provision of additional charging services.

The Code of Conduct for the provision of additional charging services of 23 July 2004, as well as Article 5 (1) of Order PRE/361/2002 of 14 February 2002, is hereby repealed. on the rights of users and the services of additional charging, Title IV of Royal Decree 1736/1998 of 31 July 1998 on the Regulation implementing Title III of the General Law on the Telecommunications.

Final disposition fourth. Competence title.

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.

Final disposition fifth. Guidelines of the European Union.

This royal decree is issued in application of the European Union Guidelines for the implementation of the State aid rules for the rapid deployment of broadband networks, as set out in the Commission Communication European 2013 /C 25/01.

Final disposition sixth. Regulatory development and implementation.

The Minister of Industry, Energy and Tourism will dictate, in the field of its competences, how many provisions and measures are necessary for the development and implementation of what is established in this royal decree.

Final disposition seventh. Entry into force.

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

Given in Madrid, June 5, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ