In the field of electronic communications services there are agents who carry out activities aimed at obtaining undue economic gain, ranging from simple opportunistic uses of commercial offers of the operators, through actions involving administrative offences, to others involving illicit activities, both related to the telecommunications services themselves and to other related services, such as the marketing of contents or the user terminals and equipment.

These activities can take different forms, which evolve over time, with the most common ones taking advantage of the chain of payments for services or content supported by telecommunications networks that involve the granting of credit by an operator to a third party, either another operator or a final user, which is often unpaid.

Thus, these communications are usually characterized by being artificially generated and prolonged in order to obtain a profit from the billing payment chain. Initially, these practices were associated with high-charging services, which offer greater profit margins, but at the present time extended to all types of services and numerations by means of call-generation techniques. The Commission has taken the view that, in the light of the above, the Commission will be able to draw up a report on the subject of the European Commission's report, which will be the subject of a report by the European Commission. resources caused.

In addition, where these practices involve non-permitted uses of public numbering resources, they are not only an infringement of the specific national legislation that can be addressed by appropriate control of the use of the numbering, but they can compromise international agreements signed by both operators and the Kingdom of Spain itself when international numbering is used.

The Telecommunications Market Commission, currently integrated in the National Commission on Markets and Competition, has approved different resolutions to authorize operators individually to proceed to the blocking of traffic in certain cases, as well as a resolution of 5 September 2013 approving a common procedure for the suspension of the interconnection of number of irregular traffic.

Article 51 of Law 9/2014, of 9 May, General of Telecommunications, states in its second paragraph that, by means of royal decree, the conditions under which the operators of public communications networks will be established electronic communications services or services available to the public carry out the blocking of access to numbers or services provided that it is justified on the grounds of illegal traffic and irregular traffic for fraudulent purposes, and cases in which the providers of electronic communications services retain the corresponding revenue by interconnection or other services.

For its part, Article 19 of that Law sets out the general principles of numbering, routing and naming of electronic communications services.

Therefore, it is necessary to adopt regulatory measures against illegal traffic and irregular traffic for fraudulent purposes, both to eliminate incentives for these practices and to ensure correct use of public numbering resources, while ensuring the quality of electronic communications services and, in particular, the integrity and security of electronic communications networks and services.

For the purposes of this royal decree, there are two types of illegal traffic, on the one hand, illegal traffic using unauthorized numbering and, on the other hand, illegal traffic that makes improper use of the numbering.

It is considered illegal traffic using unauthorized numbering that has origin or destination in public numbering resources that have not been attributed, enabled or assigned according to the corresponding national plans and international numbering. This type of traffic, which can be identified by its technical characteristics, must be blocked by operators as soon as they are aware of it.

In turn, the illegal traffic that makes improper use of numbering is that which, using numbering that is attributed or enabled and assigned, responds to improper uses of such numbering, although such a circumstance does not can be established a priori but after a case-by-case analysis of their specific circumstances.

Finally, irregular traffic is found for fraudulent purposes, which is generated, induced or prolonged artificially, as well as caused by unsolicited commercial communications or by means of control. the consent of the user's systems or terminals, in order to make abusive or fraudulent use of the networks and services, which can also be determined only after a case-by-case analysis of the specific characteristics of the traffic.

For all types of illegal traffic and irregular traffic indicated, it is established that operators must be able to identify the existence of this type of traffic in the networks they operate and in the services they provide, as a prior and indispensable step to carry out the appropriate actions against these traffics, in particular when required by the Administration.

Operators must block the transmission to other operators or providers of illegal traffic using unauthorized numbering as soon as they identify it, being obliged to identify at least that traffic when generated in their networks and destined for numbering resources belonging to the national plans.

For illegal traffic assumptions that make improper use of irregular numbering and traffic for fraudulent purposes, staggered actions are articulated that are initiated with a request from the operator concerned to the Secretary of State for Telecommunications and the Information Society to check if there is an illegal traffic that makes improper use of the numbering or irregular traffic for fraudulent purposes, and authorizes the blocking of these communications.

In order to speed up the taking of measures by operators, the authorisation of criteria for the implementation of specific procedures is foreseen for operators, following a case-by-case assessment, can retain payments related to these traffics, as well as to enable them to block traffic to individual numbers.

Both for the alleged illegal traffic that makes improper use of the numbering and for the irregular traffic for fraudulent purposes, is considered the possibility that the actions initiated by the operator have their own origin in a conflict between operators in the field of access or interconnection, in such cases it is the National Commission of the Markets and the Competition to resolve them under their jurisdiction in the matter.

On the other hand, the possibility that the Secretariat of State of Telecommunications and the Information Society may adopt precautionary measures and require operators to take the appropriate measures, with the purpose of ensuring the integrity and security of electronic communications networks and services, the quality of the provision of electronic communications services, or the specific rights of telecommunications users, inter alia objectives, for which the operators must be able to identify the traffic permitted and irregular traffic in the networks they operate and in the services they provide.

On the other hand, the adaptation of the agreements of access and interconnection between operators is foreseen in order to incorporate the necessary provisions for the application of the present royal decree, explaining that the lack of Compliance with the agreements does not exempt from compliance with the provisions laid down therein, the provisions of which shall be effective from the date of its entry into force.

Finally, it is envisaged that operators who have established procedures or systems previously approved by the Telecommunications Market Commission or the National Markets and Competition Commission for the suspension of the interconnection of numerals by irregular traffic, can continue to be used for one month after the entry into force of this royal decree, although the operators who request the authorization of criteria for the implementation of systems or procedures as established in this royal decree will be able to follow using such previously approved procedures until the Secretary of State for Telecommunications and the Information Society resolves this request.

The measures contained in this royal decree are dictated in accordance with Articles 19 and 20, and with Article 51 (2) of Law 9/2014 of 9 May, General Telecommunications.

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 Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations and in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on May 14, 2015,

DISPONGO:

Article 1. Object and scope of application.

1. This royal decree lays down measures and measures to prevent and prevent traffic which has origin or destination in public numbering resources which have not been allocated, enabled or allocated; certain types of traffic contrary to the provisions of the allocation, enabling or allocation of national and international numbering resources, as well as irregular traffic for fraudulent purposes in the public networks and services of electronic communications available to the public.

2. This royal decree applies to operators who exploit public electronic communications networks or provide publicly available electronic communications services.

3. The objectives of this Royal Decree are to protect the integrity of networks and the security of electronic communications networks and services, to ensure the quality of the provision of electronic communications services and to ensure the rights of users. It is also intended to reduce the economic damage suffered by operators and users alike.

Article 2. Concept of illegal traffic.

1. For the purposes of this royal decree, there are two types of illegal traffic:

a) Illegal traffic using unauthorized numbering.

b) Illegal traffic that makes improper use of numbering.

2. It is considered illegal traffic using unauthorized numbering that has origin or destination in public numbering resources that have not been attributed, enabled or assigned, belonging to the following plans and instructions on numbering resources:

(a) The national telephone numbering plan, approved by Royal Decree 2296/2004 of 10 December 2004,

(b) instructions on the use of public numbering resources for the provision of short text message services and multimedia messages, as set out in Order ITC/30 8/2008 of 31 January 2008,

(c) the international numbering plan described in Recommendation E. 164 of the Telecommunications Standards Sector of the International Telecommunication Union (UIT-T), including in the latter case the country codes or from an international network which has not been attributed by the UIT-T, the numbering ranges which have not been communicated by the relevant national authorities through the UIT-T business bulletin, and the destinations identified by the UIT-T dialling procedures contrary to that set out in the relevant annexed list of cited bulletin.

(d) Any other numbering plan to be determined by order of the Ministry of Industry, Energy and Tourism.

3. It is considered illegal traffic that makes improper use of the numbering that has origin or destination in public resources of numbering of the plans identified in the previous section that have been assigned and that makes a use of those resources contrary to the conditions of use laid down in the relevant provisions of attribution, rating or application.

Article 3. Concept of irregular traffic for fraudulent purposes.

1. For the purposes of this royal decree, it is considered irregular traffic which has characteristics which differ significantly from the usual patterns of traffic under an ordinary operation of the network or services. corresponding to generally accepted commercial practices in the provision of electronic communications services, in such aspects as their volume, number of connections or distribution over time, for certain sources, destinations, routes or geographic areas.

2. Irregular traffic shall be for fraudulent purposes where it is artificially generated, induced or prolonged for the purpose of obtaining direct or indirect profit from the payment billing chain in the provision of communications services Available to the public.

In particular, it shall be considered that, in compliance with the above conditions, it responds, inter alia, to the following assumptions:

a) Based on the exhaustion of certain users ' credit balances or limits by means of communications directed to particular routes or destinations,

(b) based on the abusive use of bonds, flat rates or similar charging schemes to end users for the generation of fictitious traffic or by making them available to third parties under conditions contrary to what is foreseen in the contracts,

c) caused or induced by unsolicited communications, or

d) the caused by non-consensual manipulation or control of the user's systems or terminals.

Article 4. Identification of illegal traffic and irregular traffic for fraudulent purposes.

1. All operators must be able to identify illegal traffic using unauthorised numbering, where they originate from their networks and destination in public numbering resources referred to in paragraphs (a), (b) or (d) of the Article 2.2.

2. Operators may put in place procedures and systems which, on the basis of traffic characteristics, make it possible to identify the types of traffic which comply with the concepts referred to in Articles 2 and 3 and to act on them, in particular retaining the corresponding interconnection, access or interoperability payments, or by blocking the transmission of certain types of traffic, as provided for in the following Articles.

3. By order of the Ministry of Industry, Energy and Tourism, requirements may be laid down which must be satisfied by such procedures and systems and, where appropriate, the requirement that they be subject to periodic audit by an entity. external, as well as the requirements to be met by the audit entities and the criteria for carrying out the audits.

4. Operators intending to implement such systems or procedures shall notify the Secretariat of State of Telecommunications and the Information Society by detailing the criteria used to identify the different types of traffic, and shall make available to them all information on their characteristics and operational, which shall be duly documented and developed to enable their inspection by the relevant services of the Administration, as well as their audit by an external entity.

5. No later than three months after receipt of the notification referred to in the preceding paragraph, the Secretary of State for Telecommunications and the Information Society shall give a reasoned decision, authorizing or refusing to do so. use of the notified criteria. Such authorisation is a prerequisite for the implementation of these procedures and systems.

After the period referred to in the preceding paragraph without any express resolution, the request shall be deemed to be rejected, without prejudice to the obligation of the Secretary of State for Telecommunications and the Information Society to specifically resolve.

Against resolutions, which deplete the administrative route, a replacement for the same body may be brought before the same body which has issued it within one month of the day following its notification, according to Articles 116 and 117 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, or being directly challenged before the competent body of the court of law administrative-administrative proceedings within two months from the day following the notification, without being able to be Both resources are concurrent.

The Secretariat of State for Telecommunications and for the Information Society may also issue binding instructions concerning these systems or procedures, after the implementation of the procedure, intended to ensure effective compliance with the provisions of this Royal Decree or its implementing provisions.

Article 5. Actions in the face of illegal traffic using unauthorized numbering.

Operators who identify in their networks or services illegal traffic using unauthorized numbering shall block their transmission to other operators or suppliers, and notify the Secretariat of State of Telecommunications and the Information Society, as well as the operators and service providers to which this block is affected by which they maintain a contractual relationship.

These notifications must be made within a maximum of two working days from the time of identification of illegal traffic using unauthorized numbering by the operator. In the notification addressed to the Secretariat of State of Telecommunications and the Information Society, the time of identification of illegal traffic using unauthorised numbering as well as, where appropriate, the use of unauthorised numbering shall be indicated. information that shows the time when the traffic started to occur, if both events were not simultaneous.

Article 6. Actions in the face of illegal traffic that misuse the numbering or irregular traffic for fraudulent purposes.

1. Operators who identify in their networks or services traffic that they consider to be able to respond to the alleged illegal traffic which makes improper use of numbering or irregular traffic for fraudulent purposes may submit an application reasoned requiring authorization for the provisional blocking of the transmission of such traffic, addressed to the Secretariat of State of Telecommunications and to the Information Society, either in any of the places mentioned in the Article 38 (4) of Law No 30/1992 of 26 November 1992 on the legal system of administrations Public and the Common Administrative Procedure, either through the electronic headquarters of the Ministry of Industry, Energy and Tourism.

In that request, the operator must provide the reasons as well as any information that it provides that the traffic concerned should be regarded as illegal traffic which makes misuse of the numbering or as irregular traffic for fraudulent purposes, including the indication of the time of identification by the operator and, where appropriate, information showing the time when such traffic began to occur, if both facts were not concurrent.

The Secretary of State for Telecommunications and the Information Society shall resolve these requests and shall notify the resolution adopted within a maximum period of three months, authorizing or denying the blocking of the transmission. of the traffic, being able to this effect to obtain report to the National Commission of the Markets and the Competition on the impact of the block requested in the ex-ante regulation of the markets, and will be able to adopt precautionary measures authorizing to the blockade of the traffic transmission.

After the period referred to in the preceding paragraph without any express resolution, the request shall be deemed to be rejected, without prejudice to the obligation of the Secretary of State for Telecommunications and the Information Society to specifically resolve.

Against resolutions, which deplete the administrative route, a replacement for the same body may be brought before the same body which has issued it within one month of the day following its notification, according to Articles 116 and 117 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, or being directly challenged before the competent body of the court of law administrative-administrative proceedings within two months from the day following the notification, without being able to be Both resources are concurrent.

2. Alternatively, as set out in the previous paragraph, operators who identify illegal traffic that misuse the numbering or irregular traffic for fraudulent purposes by means of the procedures or systems to which they are Article 4 may, after a case-by-case assessment, retain the payments corresponding to it, applying the retention from the time of identification of such traffic or, in the case where the time of identification is later to the production, from the moment in which they credit that the traffic began to take place, with a period of 30 calendar days prior to the date of identification, unless a different time limit is agreed between the interconnection, access and interoperability agreements.

In addition, those operators, after a case-by-case assessment, may temporarily block traffic to individual numbers corresponding to certain sources, destinations or contractual relations, in accordance with the with the criteria authorised by the Secretary of State for Telecommunications and the Information Society, as set out in Article 4.

The operator that performs payment retention or traffic blocking will be responsible for any claims made by the holders of the numbering affected by the possible damages caused by such blocking.

When operators perform payment retention or traffic transmission blocking as set out in this section, they will notify operators and service providers that they will be affected by this traffic. a contractual relationship, as well as to the Secretariat of State for Telecommunications and the Information Society, providing in the latter case all the information necessary to identify the traffic affected, the criteria used in its assessment and the specific measures taken. Such notifications shall be made within a maximum of two working days from the date of the identification of the traffic by the operator. At all times, the operator may provide additional or additional information to enable the traffic concerned to be more accurately identified.

Within the maximum period of three months from the time of receipt of the notification of payment retention or traffic transmission blocking referred to in this paragraph, the Secretary of State for Telecommunications and for The Information Society may initiate a file to monitor the measures taken by the operator, following which it may order the cessation of the blocking of the transmission of the traffic and, where appropriate, the payment of the amounts which have been retained, increased with the legal interest of the money. Likewise, the Secretariat of State of Telecommunications and the Information Society may adopt precautionary measures requiring the operator not to proceed to the retention of payments, to the blocking of the transmission of the traffic or to both measures simultaneously.

3. Operators must provide all the additional information required by the Secretary of State for Telecommunications and the Information Society in connection with the illegal traffic identification events that they do. an improper use of the numbering or irregular traffic for fraudulent purposes, or of the corresponding measures taken, either as a supplement to the information submitted in the notifications made in accordance with this Article or in relation to notifications made by other operators.

The Secretary of State for Telecommunications and the Information Society may establish the content and format in which the notifications and the additional information required are to be submitted.

4. If the processing of the files referred to in the preceding paragraphs shows that the corresponding requests or notifications are of origin in a conflict between operators in the field of access or interconnection, the Commission National of the Markets and the Competition will rule on the extreme objects of the conflict, in accordance with the provisions of article 15 of Law 9/2014, of 9 May, General of Telecommunications.

Article 7. Measures and actions at the request of the Administration.

The Secretariat of State of Telecommunications and the Information Society may at all times, of its own motion, in accordance with the procedural procedures and deadlines set out in Article 6.1, require operators to application of measures to block the transmission of traffic, retention of payments or both at the same time in relation to illegal traffic or irregular traffic, and, where appropriate, to take precautionary measures, with the objectives of:

a) Ensure the integrity of networks and the security of electronic communications networks and services.

b) Ensuring quality in the provision of electronic communications services.

c) Ensuring the specific rights of telecommunications users.

d) Control the use of assigned numbering, in particular to ensure compliance with the conditions attached to the use of public numbering resources laid down in the plans and instructions referred to in the Article 2.

e) Ensuring compliance with telecommunications commitments undertaken by the Kingdom of Spain in international bodies, in particular with regard to compliance with the conditions attached to the use of the public international numbering resources described in Recommendation E. 164 of the International Telecommunication Union.

Operators must be able to identify in the networks they operate and in the services they provide, the traffic to which the above measures relate to ensure their effective compliance.

Additional disposition first. Maximum duration of traffic locks.

Operators blocking traffic in accordance with Article 6 may maintain such a blockade for a maximum period of 12 months, unless the Secretary of State for Telecommunications and the Company of the Information resolves by setting the application of a different time. After this deadline, operators will not be able to apply the block. The Ministry of Industry, Energy and Tourism may decide on a different maximum duration, which may be different depending on the type of traffic involved.

In addition, operators will not be able to apply the block if a change in the subscriber's ownership of the affected individual numerals occurs and the operator is requested to assign them, as well as when they are numerals are assigned to another operator.

Additional provision second. Interconnection, access and interoperability agreements.

1. The agreements for interconnection, access and interoperability between operators concluded in accordance with the provisions of Law 9/2014 of 9 May 2014, General Telecommunications and the Regulation on electronic communications markets, The networks and numbering, approved by Royal Decree 2296/2004, of December 10, will be adapted to what is established in this royal decree and in its provisions of development.

In particular, such agreements shall describe the procedures to be applied for the blocking of traffic, the retention of payments and the corresponding notifications to other operators or service providers.

By order of the Ministry of Industry, Energy and Tourism, it will be possible to establish the requirements that must be considered when, in order to ensure compliance with the provisions of this royal decree, it is necessary collaboration between operators with wholesale contractual relations.

The lack of adequacy of the agreements does not exempt from compliance with the provisions of this royal decree, the provisions of which will be effective from the moment of its entry into force.

2. The National Markets and Competition Commission will understand the conflicts between operators in the negotiation of these agreements.

Additional provision third. Expense limitation.

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

First transient disposition. Modification of interconnection, access and interoperability agreements between operators.

Within four months of the entry into force of this royal decree, the operators referred to in Article 1 shall review and, where appropriate, amend the interconnection agreements, access to networks and their resources. associated services and interoperability of services, in accordance with the provisions of the second provision.

Second transient disposition. Procedures previously approved by the Administration.

Operators having established procedures previously approved by the Telecommunications Market Commission or the National Markets and Competition Commission for the suspension of the interconnection of For irregular traffic, these procedures may continue to be used before the National Commission of the Markets and the Competition under the same conditions as they did for one month after the entry into force of the actual present decree.

However, operators who request the authorisation of criteria for the implementation of systems or procedures as set out in Article 4 of this Royal Decree within one month of their entry into These procedures may continue to be used in advance until the Secretary of State for Telecommunications and the Information Society resolves this request.

Final disposition first. 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 second. 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 third. Entry into force.

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

Given in Madrid, on May 14, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ