The Council of Ministers at its meeting on 17 April 2015, on a proposal from the Minister for Industry, Energy and Tourism, approved the Agreement establishing the public tender for the award of the public tender by means of a system of concurrency of six licences for the holding, in open-air broadcasting, of the television audiovisual media service by means of terrestrial hertzian waves of state coverage and the corresponding one is called contest.

Taking into account the need for the said Agreement to receive the widest possible dissemination for the importance that the television audiovisual communication sector has to take into account in its actions, resolves the publication of the said Agreement as annexed to this resolution.

Madrid, April 17, 2015.-The Secretary of State for Telecommunications and the Information Society, Victor Calvo-Sotelo Ibanez Martin.

ANNEX

Agreement of the Council of Ministers approving the specification of the basis of the public tender for the award by means of a concurrency of six licences for the holding, in open-air, of the Television audiovisual communication service by means of terrestrial hertzian waves of state coverage and the corresponding contest is called

Law 7/2010, of 31 March, General of Audiovisual Communication sets out in its article 22.3 that the exploitation of audiovisual media services to be provided by terrestrial hertzian waves will need to be licensed prior to the award by the competent audiovisual authority, adding that, in the field of State coverage, the competence for the granting of licences is the responsibility of the Government.

According to Article 5.1.k) of Law 50/1997, of 27 November, of the Government, to the Council of Ministers, as a collegiate body, it is up to him to exercise, in addition to those that are expressly listed in the other paragraphs of the paragraph, how many other privileges the Constitution, laws and any other provision confer on you.

Accordingly, it is up to the Council of Ministers to convene and resolve the competitions for the award of the licenses for the exploitation of the television audiovisual media service of state coverage.

This competition should be governed by the provisions of Law 7/2010 of 31 March, in particular, as provided for in Articles 24 to 30, which regulate certain specific questions relating to audiovisual licences, in particular: (a) the legal status of licences, the requirements and certain limitations to be the holder of a licence, the competitions for the granting of licences and their duration, renewal and extinction, as well as the legal business on licenses.

Moreover, Law 9/2014 of 9 May, General Telecommunications, in its Article 61, attributes to the Government the competence for the approval of the national technical plans for broadcasting and television.

By virtue of this rating, Royal Decree 805/2014 of 19 September 2014, approving the National Technical Plan of Digital Terrestrial Television and regulating certain aspects for the release of the digital dividend. Article 2.1 provides that the terrestrial digital television service of state coverage shall be provided through the capacity of seven digital multiple which correspond to five digital multiple based on multiple RGE1, RGE2, MPE1, MPE2 and MPE3 that were already being exploited, and with two new MPE4 and MPE5 digital multiple.

It also provides in article 2.4 that the capacity of the digital multiple MPE5, as well as one third of the capacity of the digital multiple RGE2 and a quarter of the capacity of the digital multiple MPE4, which is available, is for the exploitation by licences of the television audiovisual media service of state coverage, the award of which will be produced by the competition procedure as provided for in Article 27 of Law 7/2010 of 31 March.

It should be added that, pursuant to Article 2.2 of the aforementioned Royal Decree 805/2014 of 19 September 2014, the Minister for Industry, Energy and Industry, at the request of the Spanish Radio and Television Corporation, Tourism, by Order of 16 April 2015, has modified the initial allocation of the capacity of the digital multiple of state coverage RGE2 carried out in favor of the Corporation of Radio and Television Española, so that this allocation remains established in half of the capacity of the digital multiple mentioned.

To this effect, it should be noted that, in accordance with the provisions of Article 27 of Law 7/2010 of 31 March, all available licences of the same nature and the same scope of coverage should be offered in a manner at the same time, and after confirmation of sufficient radio space.

Consequently, the invitation to tender for the award, on a concourse basis, of licences for the operation of the television audiovisual media service by means of Hertzian waves should therefore be called State coverage land.

In particular, six state coverage licenses are tendered, of which three are for high definition television broadcast (HD) and the remaining three are for standard quality television (SD) broadcast, with the aim to strike a fair balance between, on the one hand, the promotion of technological innovation and the possibility of providing citizens with digital terrestrial television channels that provide better quality, and, on the other hand, to award more (a) the licensing of the national interest groups in the Member States. the opinion of the society and to a better satisfaction of the needs of the citizens of access to a greater number of contents and a differentiated audiovisual offer. In order to achieve this objective, different scores are set for the sections that will conform to the technical offers. Thus, higher scores will be awarded to the section corresponding to the free and pluralistic expression of ideas and currents of opinion in the case of licenses for the broadcast of television in standard quality; in the case of licenses for the issuance of In high definition television, a higher score will be given to the section corresponding to the programming proposal.

On the other hand, Article 24 (2) of Law 7/2010 of 31 March 2010 provides that the award of an audiovisual licence has been granted for the granting of the private use of radio broadcasting in accordance with the State-established planning, which is approved under the legal framework of telecommunications and in particular in accordance with Law 9/2014 of 9 May.

Among the priority objectives of this Law is the promotion of effective competition and the promotion of the deployment of networks and services, which are only a transfer and incorporation of these same recognized principles and guaranteed by the Community Directives on electronic communications networks and services, in particular the Framework Directive (Directive 2002 /21/EC of 7 March 2002) and the Authorisation Directive (Directive 2002 /20/EC of 7 March 2002). Thus, for example, Article 7 of the Authorisation Directive provides for the promotion and development of competition as one of the principles to be taken into account in any allocation of rights for the use of radio-electric public domain, particularly, when the allocation of these rights is limited in number.

These principles are applicable throughout the legal framework of telecommunications, but in particular when it comes to allocating a scarce resource such as the public radio domain, and are also applicable when the the allocation of this public radio spectrum is intended for the provision of audiovisual services, as has been expressly recognised by the established case-law of the Court of Justice of the European Union.

The Spanish legal order has incorporated these principles of promotion and development of competition in the allocation of rights of use of radio public domain. Thus, Article 62.8 of Law 9/2014, of 9 May, provides that, in the regulatory documents of the tendering procedures for the granting of enabling securities, caution may be established to avoid speculative or speculative behaviour. hoarding of rights of use for radio public domain, in particular by setting limits on the amount of frequencies to be used by the same operator or business group or the setting of strict time limits for the operation of the rights of use by its holder.

For all this, taking into account the previous balance between, on the one hand, technological innovation and higher quality services, and on the other hand, the greater representativeness of interests and a wider audiovisual offering, as the reality of the audiovisual market, in particular as regards the terrestrial television audiovisual service of state coverage, and in order to achieve the objectives of promoting competition and ensuring greater competition between the It is necessary to limit the maximum number of licences to be awarded. In this way, the same tenderer may be awarded only a maximum of one licence for the operation of a television channel in standard quality (SD) and a licence for the operation of a television channel in high definition (HD).

It should be remembered not only the technical differences but also the supply of contents and economic conditions in which the exploitation of these two types of television channels can be carried out, so that in the base specification the competition is designed to permit the exploitation of a television channel in standard quality (SD) and the licenses for the exploitation of a television channel in high definition (HD) as two distinct and independent groups of (i) licences, with different valuations being established for the technical offers to be submitted to each of the they.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, the Council of Ministers, at its meeting of 17 April 2015, agrees:

First.

Approve the list of bases to govern the public tender for the award of six licences for the use of the audiovisual media service, under the open-air broadcasting system, for the award of six licences for the holding Television by terrestrial hertziana waves of state coverage, which is listed as Annex I to this Agreement.

Second.

To convene a public tender for the award, by means of concurrency, of six licences for the exploitation, in open air, of the television audiovisual communication service by means of Hertzian waves State-covered land cover, of which three are for high definition television (HD) and the remaining three are for standard quality television (SD) broadcast.

Third.

The application model for participation in the contest, which is listed as Annex II to this Agreement, is approved.

Fourth.

The model of the declaration responsible for not being incourted in any of the prohibitions of hiring that establishes article 60 of the recast text of the Law of Public Sector Contracts, approved by Royal Decree, is approved. Legislative 3/2011 of 14 November, which is set out in Annex III to this Agreement.

Fifth.

The provisions of this Agreement shall apply from the day following that of its publication in the "Official State Gazette".

Sixth.

Against this Agreement, which depletes the administrative route, it may be brought, in accordance with Article 116 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Joint Administrative Board of Appeal, which is a replacement for the same body which has issued it within one month from the day following its publication in the Official Gazette of the State. Alternatively, this Agreement may be directly challenged before the Supreme Court's Administrative-Administrative Chamber within two months from the day following that of its publication in the "Official State Gazette", Article 46 of Law 29/1998 of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction, without which both resources can be simultaneous.

ANNEX I

Statement of the basis of the public tender for the award by means of a concurrency of six licences for the exploitation, under open air, of the television audiovisual media service by means of waves Land-based terrestrial hertzianas

Title I: Object and award procedure.

Base 1. Object.

Base 2. Concession of Radio Public Domain.

Base 3. Legal regime.

Base 4. Requirements to be a license holder.

Base 5. Calendar of the procedure.

Base 6. Submission of offers.

Base 7. Content on I: Administrative documentation.

Base 8. Content on II: Technical Offering.

Base 9. Additional guaranteed commitments.

Base 10. Assessment Table.

Base 11. Opening of the envelope I.

Base 12. Public act of opening of the envelope II.

Base 13. Requirements for additional information in relation to the envelope II.

Base 14. Assessment procedure.

Base 15. Contest and Publication Resolution.

Title II. License regime.

Base 16. Formalization of the license.

Base 17. Term and extinction of the license.

Base 18. Conditions for the provision of the service. Obligations and rights of the licensee.

Base 19. Operation of the service.

Base 20. Inspection and control by the Administration.

Base 21. Failure to fulfil the obligations of the licensee.

Base 22. Regime of infringements and penalties.

Title III. Service regimen.

Base 23. Technical features of the service.

Base 24. Frequency plan.

Base 25. Geographical scope.

Base 26. Service start date and coverage objectives.

TITLE I

Award procedure and object

Base 1. Object

The purpose of this document is to govern the award of six licences for the holding of the communication service by means of a public tender and a concurrency system. Television audiovisual by terrestrial hertzian waves of state coverage.

The licenses to be granted, each of which enable the exploitation of a television channel, are as follows:

-License 1: A standard quality television (SD) channel on the digital multiple RGE2.

-License 2: A standard quality (SD) television channel on the digital multiple RGE2.

-License 3: A standard quality (SD) television channel on the MPE4 digital manifold.

-License 4: A high definition (HD) television channel on the MPE5 digital multiple

-License 5: A high definition (HD) television channel on the MPE5 digital multiple.

-License 6: A high definition (HD) television channel on the MPE5 digital multiple.

The same tenderer may be awarded a maximum of one licence for the operation of a standard quality television channel (SD) and a licence for the operation of a high definition television channel (HD).

Base 2. Concession of Radio Public Domain

Each of the licences for the audiovisual media service which is awarded in accordance with this specification shall be such as to ensure that the public radio domain necessary for its provision is granted, to be granted by the holder of the Secretariat of State of Telecommunications and the Information Society, in accordance with the provisions of Royal Decree 863/2008 of 23 May 2008, for which the Regulation of Law 32/2003 of 3 November, General de Telecommunications, with regard to the use of radio public domain.

The granting of radio public domain shall be requested by the person concerned in conjunction with the licence, in accordance with the application model approved in Annex II.

Base 3. Legal regime

The basic legal status of the audiovisual media licence, to which the licensee is subject, is constituted by the following provisions:

− Law 7/2010, of March 31, General of Audiovisual Communication.

− Law 33/2003 of 3 November of the Heritage of Public Administrations.

− Law 9/2014, of 9 May, General Telecommunications.

− Organic Law 5/1985, of June 19, of General Electoral Regime.

− Law 34/1988, of November 11, General of Advertising.

− The other complementary and consistent development rules of the Laws mentioned above, and, in particular, Royal Decree 805/2014 of 19 September, approving the National Technical Plan of Television Digital terrestrial and certain aspects are regulated for the release of the digital dividend.

− The bases set out in this specification.

Base 4. Requirements to be a license holder

To be a license holder, in addition to having full capacity to act, the following requirements will need to be met and respect the following limitations:

A) General capacity.

To hold a license, it will be necessary to comply with the general requirements of Article 25 of Law 7/2010 of March 31.

B) Limitations on the basis of audiovisual public order.

In no case may the natural or legal persons who are in any of the circumstances set out in Article 26 of Law 7/2010, of March 31, be entitled to a license.

Base 5. Procedure Calendar

The license award procedure will be developed according to the following calendar:

1. Time limit for the submission of tenders: until 13:00 on 28 May 2015.

2. Analysis by the Bureau of Evaluation of the contents of the I and decision on the admission or rejection of the tenderers. It shall take place no later than 15 June 2015.

3. Public act of opening of the envelope II: at 1 p.m. on 16 June 2015.

4. Evaluation of the tenders: the evaluation of the tenders by the Evaluation Bureau and the lifting of the proposal for a resolution to the Council of Ministers will be carried out no later than 9 October 2015.

5. Contest resolution and grant of the licenses by the Council of Ministers: the contest must be resolved within the maximum period of six months, in accordance with the provisions of article 28 of Law 7/2010, of March 31.

Base 6. Submission of offers

The required applications and documentation shall be presented in the form, place and time limit set out in the following paragraphs:

1) Form of presentation.

1. A signed application shall be submitted by the legal representative of the duly authorised tenderer, in accordance with the model set out in Annex II.

2. Each tenderer shall submit a single application for up to two licences; one enabling licence for the holding of one channel in standard quality and one for the holding of a channel in high definition. Failure to comply with this requirement will result in the exclusion of all applications submitted by the tenderer on the licence in which this circumstance occurs. To this end, all applications for undertakings from the same group of companies shall be considered to be submitted by the same tenderer in accordance with Article 42 of the Trade Code.

3. The submission of the application implies the unconditional acceptance by the tenderer of the content of the present documents and their bases. However, improvements to the minimum conditions for the provision of the service for which the licence is requested may be offered by the tenderer.

4. The application shall be accompanied by two envelopes sealed and signed by the representative of the tenderer, marked with numbers I and II, stating in the envelope I "ADMINISTRATIVE DOCUMENTATION", and in the envelope II "TECHNICAL OFFER". The envelope must contain so many technical offers as licences requested by the tenderer. Therefore, the envelope II may include, at most, a technical offer for the enabling licence for the operation of a channel in standard quality and a technical offer for the enabling licence for the operation of a channel in high definition. Technical offers shall be fully differentiated and independent and shall be duly identified.

5. The name and data of the applicant shall be clearly stated in each envelope with the specification of the postal address and the contact telephone. An e-mail address shall also be provided for the purposes specified in base 13.

2) Place of presentation.

1. The tenderers must submit the application and the documentation indicated below, in the context of the General Register of the Ministry of Industry, Energy and Tourism, located on the Paseo de la Castellana, 162. 28071 Madrid, Spain or in the Auxiliary Register of the Secretariat of State of Telecommunications and for the Information Society whose headquarters is located on the street Captain Haya, 41. 28071 Madrid, Spain.

2. The documentation may also be sent by registered mail, addressed to the General Registry of the Ministry of Industry, Energy and Tourism or to the Auxiliary Register of the Secretariat of State of Telecommunications and the Information Society. In this case, the tenderer must justify the date and time of imposition of the consignment at the post office and announce to the General Register of the Ministry of Industry, Energy and Tourism or the Auxiliary Register of the Secretariat of State of Telecommunications and for the Information Society the referral of the proposal by telex, fax or telegram, in which the full title of the tender and the name of the tenderer shall be entered, as well as the certificate number of the consignment made by mail. The telex, fax or telegram must also have been submitted within the time limit for the submission of the application. The communication made by this means shall be valid only if it is known for its transmission and reception, as well as for the dates and content and if the sender and the recipient are identified.

Elapsed, however, 5 business days following the termination of the designated deadline without the documentation being received, it will not be admitted in any case.

3. If both requirements are not met (justification of the date of dispatch at the post office and notice of the referral of the offer) the application will not be accepted in case it was received outside the time limit set in the call. Failure to comply with this basis shall result in the inadmissibility of the application.

3) Deadline for presentation.

Applications may be submitted in opening hours of the General Register of the Ministry of Industry, Energy and Tourism or the Auxiliary Register of the Secretariat of State of Telecommunications and the Society of the Information, according to the deadline set in base 5.

Base 7. Contents of the envelope I: Administrative documentation

The envelope with the name "ADMINISTRATIVE DOCUMENTATION" shall contain the following documentation (originals or authenticated or notarially authenticated copies):

1. Guarantee that a provisional guarantee of 6,000,000 € for each licence applied for, which responds to the maintenance of the tenders until the decision of the competition, has been lodged. For the tenderer who is successful in any of the licences, the provisional guarantee shall also be liable to comply with the obligations laid down in the submission of the supporting documentation for the current in the compliance with their tax obligations and with social security. The provisional guarantee shall be lodged with the General Deposit Box and shall be lodged by means of a guarantee provided by credit institutions or mutual guarantee companies in accordance with the provisions of Royal Decree 161/1997 of 7 February 1997. The Regulation of the General Deposit Box is approved.

The interim warranty will be automatically extinguished and will be returned to the bidders immediately after the licenses are awarded.

2. Documents certifying the personality of the applicant: they shall be those corresponding to those set out in Annex IV.

3. Documents proving the representation. Those who appear or sign applications on behalf of others must present a sufficient amount of power to the effect, duly registered in the Commercial Register and photocopy or otherwise duly legitimized of their national identity card, passport or other equivalent document.

If the tenderer is a national natural person of a State signatory to the Agreement of the European Economic Area or a legal person with a registered office in a State signatory to the Agreement of the European Economic Area, his Representative must provide the document certifying your address in Spain. In this case, the address of the representative shall be understood to coincide with the address for the purposes of notifications of the person represented.

4. A document stating that the tenderer complies with the general capacity requirements laid down in Article 25 of Law 7/2010 of 31 March.

5. Responsible declaration, in accordance with the model set out in Annex III, stating that the tenderer is not in breach of the limitations which, for reasons of public audiovisual order, are laid down in Article 26 of Law 7/2010 of 31 March. It shall also be expressly stated that the tenderer is aware of the compliance with the tax and social security obligations imposed by the existing regulations.

6. Tax and/or accounting documentation relating to the last three financial years, including the last financial year for which the obligation to submit the financial year is due, of which a business figure relating to the provision of audiovisual services and/or own production or through subsidiaries of audiovisual content. In the latter case, where it is possible to prove that the economic resources concerned are actually available to that subsidiary. The turnover of each of the last three financial years may in no case be less than € 2,500,000.

Base 8. Contents of the envelope II: Technical offer

On II, initialled under the name "TECHNICAL OFFER", may contain up to a maximum of two technical offers, depending on the number of licenses requested by the tenderer. In other words, the maximum envelope may include a technical offer for the exploitation of a channel in standard quality and a technical offer for the exploitation of a channel in high definition. The technical offers shall be complete and duly identified.

A copy will be provided for each technical offer that will be evaluated independently, not being the subject of evaluation the possible referrals that can be made to the content or commitments of the different technical offers presented. In other words, the commitments to be submitted will be independent and specific for each of the technical offers; no reference will be made to the commitments of the various technical offers or commitments that are conditional on the procurement, where applicable, a licence for the operation of a channel in standard quality and a licence for the operation of a channel in high definition.

Each copy shall have a maximum of 300 pages in total, foliated, model DIN A4, in double space, with a body letter of not less than 12 points and not more than 14.

The "TECHNICAL OFFER" will be presented in two copies, one on paper and one on electronic media (CD-ROM or non-rewritable DVD) in Word format or equivalent text processor. Copies shall be included in the relevant envelope II.

The additional documentation of the technical offer of the technical or market research carried out in relation to the development of television in general and of the DTT in particular, and any other Document such as studies of consultants or reports of financial analysts solvents, should be included in the copy in electronic support, in PDF format, under the heading "ADDITIONAL DOCUMENTATION". The "ADDITIONAL DOCUMENTATION" may be used for purposes merely clarifying and, in no case, its content shall be subject to evaluation.

In case of paper and electronic format mismatch, paper documentation will prevail.

The structure and content of each of the possible technical offerings to be presented shall be in accordance with the following paragraphs:

1. Free and pluralistic expression of ideas and currents of opinion.

2. Technical proposal.

3. Economic proposal.

4. Programming proposal.

5. Satisfaction of the diverse demands and plural interests of citizens.

6. Corporate strategy.

7. Impact on the Spanish and European industry of digital content and contribution to technological innovation.

Paragraph 1. Free and pluralistic expression of ideas and currents of opinion.

In order to assess the fulfilment of these objectives, the tenderer will provide the precise information to assess in what form, if the licence is awarded, the levels of pluralism in television will improve, guaranteeing a free and pluralistic expression of ideas and currents of opinion. To this end, the tenderer will present in detail those measures and firm commitments that it intends to implement, in order to safeguard the plurality of ideas and currents of opinion within its television offering, as well as to diversifying the informational agents.

The assumption by the tenderer of specific commitments with freedom of expression and respect for the objectivity, veracity and impartiality of the information and the publication of codes will be particularly appreciated. deontology to guarantee the free access of ideas and currents or the creation of committees that guarantee the independence and plurality of professionals.

Paragraph 2. Technical proposal.

The tenderer's proposal shall contain in this paragraph the relevant information to enable the assessment of the technical, human and organisational resources placed at the service of the licence for the provision of the television service.

For a better understanding of the tenderer's contribution in this area, this section will be divided into four sub-sections:

i) Technical and professional media.

A description of the facilities, equipment and other technical means to be used by the tenderer for the production of television content and programmes, its post-production and the edition of the television channel, and other technical work related to the digital terrestrial television service. Details of the facilities and technical equipment already available, and the timetable and deadlines for the availability of the new facilities and equipment necessary for the provision of the service.

The technical means for the treatment and transport of signals from the production sites to the transmission and transmission network of the signals shall also be described.

In the event that the tenderer provides for the provision of digital services and innovative services related to terrestrial television, such as multi-device access to content or programmes via the Internet, Connected television services or similar services, shall include in its proposal a description of the technology platforms, equipment and other means for their provision. The types of services to be provided shall be detailed as well as the measures envisaged to facilitate access to persons with disabilities.

The offer will describe in a summary manner the information systems that the tenderer intends to use in its activity.

Similarly, the human resources that the tenderer intends to use in his activity, as well as his professional profiles or technical qualifications, will be collected in the same way.

The own technical and human resources for which it is planned to be contracted with third parties shall be detailed, and shall be specified if the means are available to the tenderer or the time limits in which it provides for them to be available.

The adequacy and sufficiency of the technical and human resources necessary for the provision of the audiovisual and digital services provided by the tenderer in its tender will be assessed. The availability of such means, as well as firm commitments to third-party service providers or technical means, which ensure the provision of services, will also be assessed.

ii) Radio coverage plan.

The tenderer will set out its objectives and strategy in relation to the radio coverage which, in any case, will have to comply with the provisions of Royal Decree 805/2014 of 19 September 2014, and with the deadlines and intermediate milestones. established in base 26.

For this purpose, a description of the network of transport and transmission of signals that the tenderer intends to use will be collected and if the latter plans to contract with third parties the service of transport and diffusion of signals.

It will also indicate the detail about the evolution of the coverage time in both geographic and the population covered in each phase, as well as the final coverage that is expected to be achieved.

The adequacy and feasibility of the coverage deployment plan will be assessed, and in particular the possible improvements to the final coverage it provides for, to the extent that they exceed the minimum coverage of 96 percent of the coverage. the population required by Article 2.4 of Royal Decree 805/2014 of 19 September 2014.

iii) Quality, continuity and reliability plan.

The proposal should include the quality, continuity and reliability plan proposed by the tenderer, in which an explicit forecast must be made of the following aspects:

-Your quality plan and the quality management systems that you plan to implement will be summarized in summary.

-Continuity of operation of production and emission centres, of the transmission and transmission network of signals, information systems and digital service platforms and, in general, of the television service digital terrestrial and other services and the technical means that the tenderer intends to use, through procedures of redundancy of the equipment, mechanisms that guarantee the continuity and use of alternative systems and systems of emergency power supply.

The adequacy of the proposed quality and continuity plans will be assessed in this section. In particular, the commitments in terms of obtaining ISO-9001 or equivalent quality certifications, as well as the definition of the service level agreements as regards the continuity of services, the availability of the services, will be assessed. television broadcasts and resolution times of serious incidents or affecting services.

iv) Environmental and occupational safety plan.

The proposal should indicate the environmental management measures that the tenderer intends to implement when operating the service.

The actions aimed at the application of the technical and occupational safety regulations, in force throughout the period of the license, will be detailed in order to minimize the potential risks to employees. for the use and exploitation of the systems and equipment related to the activity of the tenderer.

The proposed measures will be assessed and, in particular, those that complement the mandatory measures in this area.

Paragraph 3. Economic proposal.

The economic proposal will make it possible to make a necessary assessment of the economic viability of the project, and the following sub-sections should be detailed:

i) Market analysis and business strategy.

The proposal of the tenderer will contain the relevant information that will allow to evaluate the commercial strategy and competitive action of the television service that it plans to offer in the Spanish market. In particular, the tenderer will provide detailed information on the following issues:

− Analysis of the characteristics of the Spanish audiovisual market, open television and services related to DTT. Formulas and competitive proposal of television services which the tenderer provides for the Spanish market in such a way as to achieve the maximum development of its market potential, characterizing its differential elements against other offers in order to maximise the benefits of such services for customers, society and the Spanish and European economy.

− Detailed projections of the potential audience of the television channels provided by the tenderer during the period of validity of the licence, both for the market as a whole and for its planned quota, will be presented. the same, with explicit mention of the methodology used.

− We will include information on commercial strategies for the collection of audience and advertising, such as marketing strategies, recruitment and loyalty of advertisers, evolution and forecast of income by advertising and intended share of participation in the advertising market.

− Detailed information on the integration of digital services in the business model of the tenderer as well as on the different forms of access to such services provided by the tenderer will be presented during the period of the license. A detailed projection of the number of users of such digital services will also be presented in the different access modalities provided for with express reference to the methodology used.

ii) Financial and business plan.

The tenderer shall specify its sources of financing, the investment forecast, as well as the revenue and expenditure forecasts and the cash-flow plan to be expressed in nominal euro. Forecasts of the operating results shall also be assessed.

a) Revenue and expense forecast.

− Revenue Forecast. The tenderer shall provide a projection of its revenue forecasts during the period of validity of the licence, taking into account, inter alia, the following groups:

▪ Advertising market, will be detailed for each type of program, schedule in relation to the types of advertising and promotion. The planned advertising fees for the different modalities will also be detailed.

▪ Advertising market for content exploitation.

▪ Online digital service exploitation.

▪ Partner contributions.

▪ Capital Grants.

▪ Loans.

− Expense forecast. The tenderer shall provide a projection of the various chapters for the development and operation of the service during the period of validity of the licence, taking into account the following cost groups among others:

▪ Costs associated with the provision of content and programming.

▪ Costs associated with the provision of digital services.

▪ Operational, network, and transmission costs.

▪ Staff costs.

▪ Amorations.

▪ Interest and debt costs.

▪ Provisions.

▪ Taxes.

b) Investment forecast and funding sources:

− Investment forecast. The tenderers shall detail their planned investment programme for the period of validity of the licence, broken down by type of investment considered and consistent with the forecast of revenue and expenditure, as referred to in the previous point.

− Funding sources. The funding sources will be detailed to start and ensure the development of the activity.

c) Cash Plan. The tenderers shall submit a cash plan for each of the years of the licence.

d) Financial and business plan sensitivity analysis. The tenderers shall submit studies of sensitivity analysis of their financial and business plans in relation to the expected forecasts, and shall provide additional information to explain the planned corrective actions and strategies. to adapt to the possible effects resulting from the test.

The Evaluation Bureau shall take particular account of the details and details of the information relating to the commercial strategy and the financial and business plan presented by the tenderer, as well as its consistency with the programming offer and with the objectives that the tenderer intends to achieve with the requested licence or licences, with the aim of ensuring the economic viability of the project submitted by the tenderer.

Paragraph 4. Programming Proposal.

A fundamental factor to take into account is the diversity of content and television programmes that the tenderer intends to offer on the Spanish market and its ability to appear as a differentiated and attractive option. for users. In this sense, the tenderer will develop a programming proposal to identify in detail the characteristics of the content to be offered, delimiting the purely estimative forecasts of the firm commitments in the field of content and detailing, where appropriate, the guarantees provided for the fulfilment of these commitments.

For the purpose of having a better understanding of the tenderer's contribution in this field, this paragraph shall be subdivided into the three sub-paragraphs:

i) Programming features:

The proposal of the tenderer will contain concrete and relevant information that allows to assess the policy of programming foreseen during the period of validity of the license. To do this, at least, supply the following information:

− Tipologia of audiovisual content and its distribution within the programming of the television channel:

• Information content (newsletter, news services, magazines, debates).

• Content of social and cultural interest (weather information, traffic, cultural agenda, formative programming, documentaries).

• Children's content (animation).

• Fiction content.

• Sports content.

• Other content (humor, contest, reality show, talk-show, docu-reality, galas, musicals, etc.).

• Lift.

− Proportion of Spanish, European and non-European Union content not belonging to the European Union on the total.

− Contents associated with advanced digital and interactive services.

ii) Content Management Model:

The tenderer will provide concrete information to enable the evaluation of the content management model planned over the duration of the license. Among other information, the tenderer shall report on the following issues:

-Proportion of programming over the total number of hours issued from original productions or releases for open television.

-Proportion of production itself of the tenderer against production, as well as suppliers of content (producers and distributors).

-Proportion of program reemissions already issued with respect to total emission time.

-Proportion of programming over the total hours issued from live programs.

iii) Special plans:

Information shall be provided on special plans that the tenderer has put in place or intends to develop over the period of validity of the licence.

− Content Quality Management Plan. It will be specified if it is envisaged to implement systems of management and compliance with quality standards of the contents, as well as the control bodies of those systems.

− Content Management Plan on the Internet. The forms of multi-platform access to content on the Internet shall be detailed, if the access will be live or deferred, if the contents will be issued in high definition, if the content can be accessed in original or subtitled version, as well as whether they offer, in parallel, payment content services or Premium type.

-Content accessibility plan. The tools used (audio description, signado and subtitling of contents) will be detailed, as well as the investments to be made in the implementation and development of these tools and other technological improvements foreseen according to the international standards. The effort of the tenderer to incorporate facilities for the access of persons with disabilities above legal obligations will be assessed in particular.

− Language Learning Momentum Plan. The development of measures for the learning of official languages of the European Union by minors and/or young people, as well as the design of animation content that can be displayed in any of the official languages, will be envisaged. of Spain or the European Union.

− Strategy for the disposal of television channels in the open to providers of cable, satellite or Internet protocol (IPTV) broadcasting services.

The tenderer may refer to market studies and analysis of the hearings that they have conducted and which substantiate their proposals, showing that the proposed content and programmes will meet the various demands and interests of the public.

The tenderer should provide detailed information on its policy for programming and management of audiovisual content. The more detailed the proposal, the greater the credibility the tenderer obtains in terms of its ability to exploit the licence it requests. The Evaluation Bureau will take particular account of the implementation of this proposal when it comes to its assessment.

The effort of the bidder to develop its own productions, as well as to launch an Internet content management plan, a language learning impulse plan and a strategy will be evaluated in particular. the transfer of the television channels in the open to providers of cable, satellite or Internet protocol (IPTV) broadcasting services without economic consideration.

Paragraph 5. Satisfaction of the diverse demands and plural interests of citizens.

The bidder will describe the offer by highlighting the extent to which it contributes to the various cultural and sociological manifestations of the public in the Spanish audiovisual market.

When considering the proposal of the tenderer, the following subsections shall be taken into account:

i) Characteristics of the offer to be made, the types of content and classes of services to be provided to the public, so that they provide users with new information, leisure and entertainment, in a way that responds to your personal and diverse tastes and interests, and assumes a differentiated offer against other options on the market.

(ii) The capacity to meet the various demands and the plural interests of the public which can be demonstrated in various ways, such as, for example, the different types of programmes to be issued, programming characteristics and styles, in such a way as to target certain segments of the population, such as childhood or youth and the third age.

The tenderer may refer to market studies and analysis of the hearings that it has conducted and which substantiate its proposal as to what the proposed content and programs will satisfy the various demands and interests of the public, while ensuring a free and plural expression of ideas and currents of opinion.

The efforts of the tenderer to present a proposal that will allow citizens to access a greater number of audiovisual content and a differentiated audiovisual offering will be assessed in particular.

Paragraph 6. Corporate strategy.

For the purpose of having a better understanding of the tenderer's contribution in this area, this paragraph shall be divided into two sub-paragraphs:

i) Internal corporate strategy:

− The tenderer's commitment to not transmit or lease the licence after two years from the initial award of the licence shall be assessed.

− If the contribution of one of the partners is decisive for the fulfilment of the commitments made, the tenderer will present individualised commitments of these in relation to these contributions and the maintenance of these commitments. partners within the company.

− The positions for people with disabilities will be defined.

− Actions aimed at reconciling work and family life will be noted.

− The training actions and plans (courses, actions, calendar) of the staff will be detailed.

ii) External Corporate Strategy:

− The implementation of care measures will be assessed to the spectators, as well as the implementation of procedures to satisfy the right of replication of the spectators.

− The adequacy of audiovisual content will be assessed against the self-regulatory codes in force at the time of the resolution of the competition procedure, as well as the promotion of the use of parental control mechanisms.

It will take into account the presentation of firm commitments to the stability of the exploitation of the license, as well as the presentation of training plans of the staff and the promotion of the use of parental control mechanisms.

Paragraph 7. Impact on the Spanish and European industry of digital content and contribution to technological innovation.

For the purpose of having a better understanding of the tenderer's contribution in this area, this paragraph shall be divided into two sub-paragraphs:

(i) The tenderer shall indicate the actions or investments envisaged for the development of the Spanish and European digital content industry and for the creation of employment. In this respect, the following shall be taken into account:

− The proportion of hours on the total production of Spanish, European and non-European Union content not belonging to the European Union will be provided for the set of services and programming, offering data and breakdown by type of programmes, as well as production of programmes for non-production. The tenderer will have to provide concrete information on whether it intends to incorporate any improvement in the legally established obligation to support European and Spanish production and whether it provides for additional contributions to the audiovisual industry such as funding for festivals or awards for short films or feature films.

− Proportion of the programming corresponding to works by independent producers and commitments in relation to the policy to be followed by the tenderer for the procurement with independent producers.

− Policy for the hiring of film rights for films, for television as well as for television series.

− Direct employment creation forecast, permanent or temporary, during the years of the license, as well as the forecast of indirect job creation that is projected to be classified in attention to the sectors affected.

ii) particular attention will be paid to investments or technological or industrial inputs, especially technological innovation projects, which promote the development of the information society in Spain, through the creation of innovative services and applications aimed at citizens and catalysts of a process of digitisation of Spanish society. The contributions of the proposal submitted by the tenderer in relation to the boost of high definition in Spain will also be assessed.

The investments must demonstrate their direct relationship with the television audiovisual communication service project, as well as being carried out as a result. In the event of failure to be carried out by the tenderer, the tenderer shall provide the documentation of third parties in relation to them, with the same criteria as for the same criteria as for investments or technological or industrial contributions of the tenderer.

Any investments or technological or industrial contributions that were planned for its implementation prior to the call of this competition shall not be taken into account.

The effort of the tenderer to issue Spanish and European productions above the legal obligations and actions aimed at promoting the development of the information society will be assessed in particular. in Spain and the audiovisual and digital content sector. In particular, particular attention will be given to those actions leading to technological innovation projects or involving the recruitment of works by independent producers as well as the rights of film and film broadcasting. of television series.

And in the case of television channels in high definition, the presentation of concrete actions aimed at boosting the high definition in Spain will be valued. For the case of television channels in standard quality, the commitment to issue in high definition shall be assessed when the technical conditions permit.

Base 9. Additional guaranteed commitments

The tenderer may submit in its tender or technical offers additional commitments guaranteed in each of the paragraphs set out in base 8. These commitments shall be independent and specific for each of the paragraphs conforming to each of the technical tenders submitted by the tenderer.

For the assumptions that a tenderer presents two technical offers, one for the enabling licence for the exploitation of one channel in standard quality and one for the exploitation of a channel in high definition, they will not be account for any referrals that may be made to the additional content or commitments guaranteed by the various technical offers submitted. No account shall be taken of any additional guaranteed commitments that are conditional upon obtaining the two requested licences.

The guarantees that ensure compliance with these additional commitments will be implemented through the constitution of guarantees, with the prior nature of the license as established in base 16. These guarantees must be provided by credit institutions or mutual guarantee companies, and deposited with the General Deposit Box, in accordance with the provisions of Royal Decree 161/1997 of 7 February.

The additional commitments guaranteed will have to be made clearly and accurately, not being assessed on those commitments for which it is not possible to determine their content and scope. For the purposes of assessment, account shall be taken of the extent of such commitments, the time limit for their achievement, their relationship with the provision of the service to which they enable licences, their relevance for the proper implementation of the technical offer and the warranty associated with each additional commitment. In respect of the guarantees, the amount of the guarantees shall be taken into account, their term of validity as well as their proportionality with respect to the guaranteed commitment.

The additional commitments guaranteed will be duly taken into account by the Evaluation Board in its assessment of the various paragraphs that will conform to each of the technical offers as established in the 14.

Base 10. Table of Evaluation

The Evaluation Table will be composed as follows:

President: The holder of the Secretariat of the Ministry of Industry, Energy and Tourism.

Vocals:

-The head of the Technical General Secretariat of the Ministry of Industry, Energy and Tourism.

-The holder of the Directorate General of Telecommunications and Information Technologies.

-The head of the Directorate-General for Industry and Small and Medium-sized Enterprises.

-The holder of the General Administration of General Staff and Financial Administration.

-The holder of the General Subdirection of Contents of the Information Society.

-The holder of the General Subdirection of Radio Spectrum Planning and Management.

-A State Advocate attached to the Ministry of Industry, Energy and Tourism.

-An Interventor attached to the Delegated Intervention in the Ministry of Industry, Energy and Tourism of the General Intervention of the State Administration.

The Secretary, with a voice but without a vote, shall be appointed by the President among the officials of the Secretariat of State of Telecommunications and the Information Society with the minimum level of Head of Service.

Base 11. Opening and analysis of the envelope I

According to the timetable for the procedure laid down in base 5, the Evaluation Bureau will be set up at the headquarters of the Secretariat of State for Telecommunications and the Information Society for the analysis of the content of the 'ADMINISTRATIVE DOCUMENTATION'.

The Evaluation Table will analyze that the envelope I contains the required documentation to the tenderer at the base 7.

Once the contents of the envelope I have been analyzed, the Evaluation Bureau shall decide on the admission or rejection, if any, of the tenderers presented.

If the Bureau finds any defects or omissions in the documentation submitted, it may grant a period of not more than 3 working days for the tenderer to remedy the error, under the express warning of exclusion from the competition in otherwise.

Base 12. Public Act of Opening of the envelope II

According to the timetable for the procedure laid down in base 5, it will take place at the headquarters of the Secretariat of State for Telecommunications and for the Information Society, a public event in which the Bureau of Evaluation proceed to the opening of the envelope II 'TECHNICAL OFFER' of the tenderers who have been admitted to the competition.

Base 13. Requirements for additional information in relation to the envelope II

The Evaluation Bureau may, by means of electronic notification through the e-mail address provided by the tenderer, obtain from the tenderers the submission of the additional information which, for the purposes of clarification, consider necessary in relation to the technical offer and with the supporting documentation.

The requested tenderer shall have a period of 5 working days, computed from the notification of the request of the Bureau, for the transmission by electronic means of the requested information. In any event, the additional information submitted by the tenderers may constitute an amendment to the tender submitted.

Base 14. Assessment procedure

The Evaluation Bureau shall evaluate the tenders on the basis of the paragraphs set out in base 8, as well as, where appropriate, the additional guaranteed commitments collected in base 9.

The tenders submitted for the operation of channels in standard and high definition quality shall be assessed independently. Where the same tenderer presents two technical offers, one for the holding of one channel in standard quality and one for the holding of a channel in high definition, each of them shall be assessed independently. Each of these offers must be self-contained, so that only the content of each offer will be valued, not being taken into account the references or links to other sources or documents. No undertaking or statement shall be taken into account that involves the direct or indirect linkage of both bids or the cumulative effect of the award of the two licences requested.

The Evaluation Bureau will also be able to request how many technical reports it deems appropriate.

For the case of standard quality (SD) television channels, each of the sections listed in base 8 will be qualified by the following scores:

• Paragraph 1. Free and pluralistic expression of ideas and currents of opinion. Between 0 and 150 points.

• Paragraph 2. Technical proposal. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 20 points.

− Subsection iii): 0 to 30 points.

− Subsection iv): 0 to 10 points.

• Paragraph 3. Economic proposal. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 60 points.

• Paragraph 4. Proposal for programming. Between 0 and 90 points.

− Subsection i): 0 to 30 points.

− Subsection ii): 0 to 30 points.

− Subsection iii): 0 to 30 points.

• Paragraph 5. Satisfaction of the diverse demands and plural interests of the citizens. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 60 points.

• Paragraph 6. Corporate strategy. Between 0 and 50 points broken down as follows:

− Subsection i): 0 to 25 points.

− Subsection ii): 0 to 25 points.

• Paragraph 7. Impact on the Spanish and European industry of digital content and contribution to technological innovation. Between 0 and 50 points broken down as follows:

− Subsection i): 0 to 25 points.

− Subsection ii): 0 to 25 points.

In this case, on a global basis, we will take into account those offers that result in a greater representation of the plural interests and currents of opinion of the society, taking into account for their assessment those principles that the Law 7/2010, of March 31, considers fundamental such as pluralism, both in its informative and opinion aspects.

In the process of obtaining the score of each of the sections that make up the technical offer will proceed as follows. Each paragraph may be awarded at most 80 percent of the corresponding total score. The remaining 20 per cent of the total score for each paragraph shall be granted to those additional guaranteed commitments submitted by the tenderer in accordance with the terms of base 9.

Obtained the total score of all the technical offers in respect of each of the sections that make up them, will automatically be eliminated those offers that in paragraphs 1 to 5 receive a score less than 30 percent of the total score for each section.

For the case of high definition (HD) television channels, each of the sections listed in base 8 will be qualified by the following scores:

• Paragraph 1. Free and pluralistic expression of ideas and currents of opinion. Between 0 and 90.

• Paragraph 2. Technical proposal. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 20 points.

− Subsection iii): 0 to 30 points.

− Subsection iv): 0 to 10 points.

• Paragraph 3. Economic proposal. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 60 points.

• Paragraph 4. Proposal for programming. Between 0 and 150 points.

− Subsection i): 0 to 50 points.

− Subsection ii): 0 to 50 points.

− Subsection iii): 0 to 50 points.

• Paragraph 5. Satisfaction of the diverse demands and plural interests of the citizens. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 60 points.

• Paragraph 6. Corporate strategy. Between 0 and 50 points broken down as follows:

− Subsection i): 0 to 25 points.

− Subsection ii): 0 to 25 points.

• Paragraph 7. Impact on the Spanish and European industry of digital content and contribution to technological innovation. Between 0 and 120 points broken down as follows:

− Subsection i): 0 to 60 points.

− Subsection ii): 0 to 60 points.

In this case, the capacity of the tenderer to contribute to the development of the high definition by encouraging technological innovation and the possibility of offering high quality content will be taken into account.

In the process of obtaining the score of each of the sections that make up the technical offer will proceed as follows. Each paragraph may be awarded at most 80 percent of the corresponding total score. The remaining 20 per cent of the total score for each paragraph shall be granted to those additional guaranteed commitments submitted by the tenderer in accordance with the terms of base 9.

Obtained the total score of all the technical offers in respect of each of the sections that make up them, will automatically be eliminated those offers that in paragraphs 1 to 5, as well as in paragraph 7 receive a score less than 30 percent of the total score for each section.

The Evaluation Bureau shall select those technical offers that obtain the highest total score after the sum of the score obtained in each of the above paragraphs for the holding, at most, of a channel in standard quality as for the exploitation, at most, of a channel in high definition.

Base 15. Contest and Publication Resolution

After completion of the evaluation work described in the above bases, relating to the two groups of technical offers corresponding to the television channels in standard quality (SD) and to the television channels in high definition (HD), the Evaluation Table will order the technical offers of each of the two groups of highest to lowest score, indicating the score obtained for each offer.

The Evaluation Bureau will identify, by order of highest to lowest score, the three bidders whose offer has scored highest in each of the two licensing groups, and will require them to, within 10 years days from the next to the one in which they had received the requirement, they submitted the supporting documents to be found in compliance with their tax obligations and in the face of social security and formalisation of the additional guaranteed commitments that may have been made, as provided for in the Base 9. In addition, each of these tenderers will be required to express their order of preference in the award of licences.

Compliance with the above requirements within the stated deadline is a prerequisite for the award and formalization of the corresponding license.

If any of the required bidders do not meet the above requirements within the stated time limit, the bidder will be required to have obtained the next highest score in their bid for the channel group. and so on, so that, within 10 days from the time of the next to the one in which the requirement was received, I submitted the supporting documentation of the fulfilment of the above requirements.

Once the above documentation has been provided to demonstrate compliance with the above requirements, the Evaluation Bureau will analyze the order of preference regarding the specific licenses of each group identified by the each of these tenderers in their reply to the abovementioned requirement, in order to propose the final award of each of the individual licences of each group on the basis of the preference expressed by the tenderers in function of the highest score obtained by each bidder in their bid.

The Evaluation Bureau will agree on the proposal to award each of the licenses, which will be submitted to the Council of Ministers.

The Council of Ministers will decide the contest, within the maximum period of six months in accordance with the provisions of Article 28 of Law 7/2010, of 31 March, and can both adjudicate and declare the licenses and notify the tenderers of the decision.

The Agreement of the Council of Ministers for which the competition is resolved will be published in the "Official State Gazette".

TITLE II

License Regime

Base 16. Formalization of the license

The license will be formalized in administrative document by the Minister of Industry, Energy and Tourism within 30 days of the notification of the final adjudication resolution.

The license will be used for the corresponding concession of radio public domain, granted by the Secretary of State of Telecommunications and the Information Society.

The license and its holder, as well as the relevant data and circumstances, will be entered in the State Register of Audiovisual Communication Services, regulated by Law 7/2010, of March 31.

Prior to the commencement of the service, the holder must accredit to the Ministry of Industry, Energy and Tourism having presented, in the Delegation, Administration or Office Liquidator of Finance, the self-settlement of the payment of the Tax of Proprietary Transmissions and Legal Acts, in accordance with their regulatory regulations.

All expenses and taxes resulting from the competition, formalization and enforcement of the license, as well as those of publication in the "Official State Gazette" shall be taken into account by the licensee.

Base 17. Period and extinction of the licence

The license will be granted for a period of fifteen years, renewable in the terms set out in article 28 of Law 7/2010, of March 31. The time limit shall be calculated from the date of the formalisation of the licence.

The license will be extinguished by the causes provided for in Article 30 of Law 7/2010, of March 31.

Base 18. Conditions for the provision of the service. Obligations and rights of the licensee

1. The licensee is obliged to comply with the terms of the license, as well as the current regulations in the audiovisual and telecommunications fields. In particular, they will be subject to compliance with Law 7/2010, of 31 March, General of Audiovisual Communication; Law 33/2003, of 3 November, of the Heritage of Public Administrations, Law 9/2014, of 9 May, General of Telecommunications; Organic Law 5/1985 of 19 June, General Electoral Regime; Law 34/1988, of 11 November, General of Advertising; Law 3/2013, of 4 June, of creation of the National Commission of the Markets and Competition, as well as to the rules for the development of these laws. In any case, they must meet the following obligations:

(a) Direct the service covered by the licence, without prejudice to the possibility of holding legal business on the licence subject to the provisions of Article 29 of Law 7/2010 of 31 March.

b) Provide the service according to the technical characteristics identified in base 26.

(c) Ensure the continued provision of the television service subject to the conditions and commitments assumed by the tenderer in his application and which served as a basis for the granting of the licence.

d) Reach a coverage of at least 96 percent of the population within the deadlines and intermediate milestones established in base 26, under the provisions of Article 2.4 of Royal Decree 805/2014 of 19 September 2014.

e) The licensee must issue in open 24 hours a day.

f) To reserve to European works the corresponding percentage of the annual emission time of its programming, in accordance with the provisions of article 5.2 of Law 7/2010, of 31 March.

g) Contribute to the early financing of European works under the terms of Article 5.3 of Law 7/2010 of 31 March.

(h) Dispose of a website in which the extremes provided for in Article 6.1 of Law 7/2010 of 31 March, regarding the right to transparent audiovisual communication are recorded.

i) Provide the necessary information for the elaboration and implementation of the Electronic Programming Guide, in accordance with the provisions of article 6.2 of Law 7/2010, of March 31.

j) Archive for a period of six months from the date of its first issue, all programmes issued, including commercial communications, and record data relating to such programmes, for the purposes of provided for in Article 61 of Law 7/2010 of 31 March.

k) Meet the obligations that, in respect of the State Registry of Audiovisual Communication Services, are in force, in accordance with Article 33 of Law 7/2010, of March 31.

l) Provide the Administration, through the Secretariat of State of Telecommunications and for the Information Society attached to the Ministry of Industry, Energy and Tourism, as much information as required in relation to the with the technical and economic aspects of the service and, in particular, quarterly information on the coverage achieved by each television channel, indicating the geographical areas and the affected population to be incorporated into the service. The quarterly information referred to in the preceding paragraph shall be provided by the licensee within 45 calendar days following the end date of the preceding quarter.

m) Facilitate checks and inspections to verify compliance with license conditions.

The granting of the license does not exempt its holder from the fulfilment of the other obligations to which it is bound by other rules.

2. The essential conditions for the provision of the service are those contained in point (a), (b), (c), (d), (e), (l) and (m) of the previous paragraph.

3. The licensee shall be entitled to the following rights:

a. Provision of the radio spectrum necessary for the provision of the television audiovisual communication service by terrestrial hertzian waves, in the frequency band detailed in the relevant technical plans, without prejudice of what is established in these bases.

b. Commercially exploit the license and issue throughout the national territory, within the planned coverage areas.

c. Any other rights that are recognised in this specification or correspond to you as a licensee, pursuant to the provisions of Law 7/2010, of 31 March.

Base 19. Operating the service

The license is granted on a non-exclusive basis. In addition, in so far as the applicable rules so provide, licences may be awarded in whole or in part, both in respect of the geographical area and for the purpose for which they are intended, irrespective of the technologies which to the same support.

You will not be entitled to any compensation, the entry of new competitors in the provision of the service, nor the modification of the conditions of benefit resulting from the adaptation of the current national regulations to the rules community.

Base 20. Inspection and control by the Administration

The Ministry of Industry, Energy and Tourism and the National Commission of the Markets and the Competition will exercise, in the terms provided for in Law No 3/2013, of 4 June, the necessary inspection and control competence, for ensure the correct fulfilment of the obligations of the licensee and the good progress of the services covered by the licence.

For the purposes of the foregoing paragraph, the Administration or the public body concerned may inspect the activity of the licensee, either on his own initiative or on a reasoned request from a natural person or legal to formulate it.

The licensee shall also be obliged to facilitate the inspector's performance and to provide information on the operation of the service as required and technically possible.

Base 21. Failure to fulfil the obligations of the licensee

In the event of non-compliance by the licensee of the commitments that you have made in your offer, you will be required to bear the responsibility arising out of the aforementioned non-compliance by executing, in whole or in part, the endorsements presented.

Base 22. Regime of infringements and penalties

The failure of the licensee to constitute very serious, serious or minor infringements as laid down in Articles 57, 58 and 59 of Law No 7/2010 of 31 March 2010 shall determine, where appropriate, the application of the the sanctioning regime provided for in Title VI of that Law 7/2010 of 31 March.

TITLE III

Service Regime

Base 23. Technical features of the service

The technical characteristics of the service and the terrestrial digital television stations will be in line with the National Technical Plan of the Digital Terrestrial Television approved by Royal Decree 805/2014, of 19 of September, and as provided for in these bases.

The digital terrestrial television service must be provided in accordance with the conditions of continuity and quality provided for in the recommendations and reports of the International Telecommunication Union (ITU), the Institute European Telecommunications Standards (ETSI) and established in current and future DVB-T standards and standards.

High definition terrestrial digital television broadcasts must meet the technical specifications set out in Article 3 of Royal Decree 691/2010 of 20 May, which regulates digital terrestrial television in high definition.

The licensees must adopt the technical characteristics and incorporate the use of technological innovations and improvements that contribute to a more efficient use of the radio spectrum to be established by the audiovisual or normatively authority.

The licensee shall be obliged to provide the service in such a way that it can be received and displayed on the TDT terminal equipment which has open, compatible interfaces and which enable interoperability.

For the provision of related or interactive services other than television broadcasting, as referred to in the second provision of Royal Decree 805/2014 of 19 September 2014, the licensee must be in charge of the the condition of the telecommunications operator in accordance with Law 9/2014 of 9 May.

The licensee must provide the necessary information for the elaboration and implementation of the Electronic Programming Guide.

Base 24. Frequency Plan

The digital terrestrial television service will be provided in the frequency bands, multiple digital, and radio channels established in the National Technical Plan of Digital Terrestrial Television approved by Royal Decree 805/2014, dated September 19.

The Secretary of State for Telecommunications and the Information Society will establish the criteria for the use of radio channels in border areas subject to the limitations imposed by the coordination International frequencies.

Base 25. Geographical scope

The geographical scope of the license is all national territory.

Base 26. Service start date and coverage goals

The provision of the television audiovisual communication service must be initiated within the maximum period of six months from the granting of the licence, reaching for this the minimum coverage of 50% of the population

The licensees must achieve in the digital multiple in which their license is licensed the following minimum population coverage objectives from the license formalization:

-80 percent within the maximum 12-month period.

-90 percent within the maximum period of 18 months.

-96 percent within the maximum 24-month period.

ANNEX II

Request Model

Don ......................................................................................................., with national identity document number .............................. (or the reference to the document from abroad), in the name and representation of ................................................, according to the power granted ...................................................................................., with its registered office for the purposes of notifications in ............................................................................................... of the public tender for the award by means of concurrency of six licences for the provision of the service Television audiovisual media communication using terrestrial hertzian waves of state coverage, agreed by the Council of Ministers Agreement ....................................., of ...............................

Exposes: You know and accept unconditionally the contents of the base statement, approved by the same Agreement, which governs the said contest, and which meets all the requirements to be the holder of a license required in your base 4 and, for that purpose,

Formula this application for granting of (indicate if a license is requested for the exploitation of a television channel in standard quality -SD-, a license for the exploitation of a television channel in high definition -HD-, or both), as well as the radio public domain concessions attached to them.

En ........................................., a ......... de ............................... de 2015

Mr. Minister of Industry, Energy and Tourism.

ANNEX III

Responsible Statement Model

Don/Dona ......................................................................................................................, with national identity document number ......................, (or the reference to the document (if applicable), (if applicable) in the name and representation of the natural/legal person ........................................,

STATED RESPONSIBLY:

That neither the signatory of the declaration nor the natural/legal person to whom I represent, nor any of its administrators or representatives, are in any case referred to in Article 26 of Law 7/2010, March 31 and article 60 of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, finding, the natural person/legal person represented, current in compliance with the tax and social security obligations imposed by the provisions in force.

I also undertake to provide the certificates and documents required by Articles 151.2 of the recast text of the Public Sector Contracts Act, and Article 15 of the General Regulations of the Law on Contracts of Public Sector Contracts. General Government, approved by Royal Decree 1098/2001 of 12 October, in conjunction with Article 64.2 of that text, within the maximum period of 10 working days, from the next to the one in which it received the request for provide such documentation.

And for the sake of the timely, I shall state and sign the present in ........................................., to ......... of ............................... of 2015.

ANNEX IV

Documents that accredit the requester's personality

1. Spanish natural person: identity card of the individual entrepreneur and certificate of being registered in the Register of the Prestors of Audiovisual Communication Services or in the Register of Motion Picture Companies of the Ministry of Education, Culture and Sport their case.

2. Spanish legal person: deed of incorporation or modification registered, if applicable, in the Commercial Registry, where this requirement is enforceable under the commercial law applicable to it. If it is not, deed or document of incorporation, statutes or founding act in which it consists of the rules governing its activity, registered, if any, in the corresponding official register. Certificate of being registered in the Register of Audiovisual Communication Services Prestors or in the Register of Motion Picture Companies of the Ministry of Education, Culture and Sport.

3. Natural person with the nationality of a State signatory to the Agreement on the European Economic Area: document equivalent to DNI or passport and accreditation of registration in the Register or certification provided for the country concerned in Annex I of the General Regulations of the Law of Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October, approving the General Regulations of the Law of Contracts of Public Administrations.

4. Legal person with registered office in a State signatory to the Agreement on the European Economic Area: document of incorporation and accreditation of registration in the Register or certification provided for in the respective country in Annex I of the Agreement General Regulation of the Law of Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October, approving the General Regulations of the Law of Contracts of Public Administrations.