Resolution Of 17 April 2015, Of The Secretariat Of State Of Telecommunications And The Information Society, Which Publishes The Agreement Of The Council Of Ministers Of 17 April 2015, Which Approves The List Of Bases Of The...

Original Language Title: Resolución de 17 de abril de 2015, de la Secretaría de Estado de Telecomunicaciones y para la Sociedad de la Información, por la que se publica el Acuerdo del Consejo de Ministros de 17 de abril de 2015, por el que se aprueba el pliego de bases del...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4216

The Council of Ministers at its meeting of April 17, 2015, on the proposal of the Minister of industry, energy and tourism, has approved the agreement by which approves the list of public tender for the adjudication system of concurrence of six licenses for exploitation, in regime of emission in open, the audiovisual communication service television by terrestrial Hertzian waves of State coverage and meets the corresponding contest.

Taking into account the need of the agreement receive the widest dissemination by the transcendence that the audiovisual communication sector television have have the actions referred to therein, resolved the publication of the agreement contained as an annex to the present resolution.

Madrid, 17 April 2015.-the Secretary of State for telecommunications and the information society, Victor Calvo-Sotelo Ibanez Martin.

Annex agreement of the Council of Ministers which approves the list of public tender for the adjudication system of concurrence of six licenses for exploitation, in regime of emission in open, the audiovisual communication service television by terrestrial Hertzian waves of State coverage and meets the relevant competition law 7/2010 of 31 March , General of the Audiovisual Communication establishes in its article 22.3 that the exploitation of audiovisual communication services provided by terrestrial Hertzian waves will need prior license granted by competition the audiovisual authority, adding that, in the field of State coverage, the competence for the granting of the licenses rests with the Government.

International Article 5.1. k) the Law 50/1997, of 27 November, the Government, the Council of Ministers, as College of the same, you should exercise, in addition to those expressly listed in the remaining paragraphs of the section, how many other powers confer you the Constitution, laws, and any other provision.

As a result, corresponds to the Council of Ministers convene and resolve the competitions for the award of licences for the operation of the service of television media from State coverage.

This contest should be governed by provisions of law 7/2010 of 31 March, in particular, as provided in its articles 24 to 30, regulating certain specific issues relating to audiovisual licences, in particular, the legal regime of licences, requirements and certain limitations to be the holder of a license, the contests for the licensing and its duration renewal and termination, as well as the legal business licensing.

On the other hand, law 9/2014, of 9 may, General of telecommunications, in its article 61 attributed to Government competition for the approval of the national broadcasting and television technical plans.

By virtue of this authorization, approved Royal Decree 805/2014, on September 19, which approves the national technical Plan of the Television Digital terrestrial and regulate certain aspects for the release of the digital dividend. Its article 2.1 sets that the service of television digital terrestrial of coverage State is will be paid through the capacity of seven multiple digital that is correspond with five multiple digital based in them multiple RGE1, RGE2, MPE1, deployment2 and MPE3 that already is came exploiting, and with two new multiple digital MPE4 and MPE5.

Also has in its article 2.4 that the capacity of the multiple digital MPE5, as well as a third of the capacity of the multiple digital RGE2 and a fourth part of the capacity of the multiple digital MPE4, that is available, is will allocate to the exploitation by licenses of the service of communication audiovisual television of coverage State, whose award is will produce by the procedure of contest as is provides in the article 27 of the law 7 / 2010 , of 31 March.

To this must add is that, under it established in the article 2.2 of the cited Real Decree 805 / 2014, of 19 of September, and prior application of the Corporation of Radio and Television Spanish, the Minister of industry, energy and tourism, by order of 16 of April of 2015, has modified it allocation initial of the capacity of the multiple digital of coverage State RGE2 made in favour of the Corporation of Radio and Television Spanish , so that this allocation is established in the half of the capacity of the mentioned multiple digital.

For this purpose, must have is in has that, in accordance with it willing in the article 27 of the law 7 / 2010, of 31 of March, all them licenses available of the same nature and identical field of coverage must offer is of form simultaneous, and prior confirmation of existence of space radio enough.

Consequently, comes the call of this public contest for the award, in regime of concurrence of licences for the exploitation of the audiovisual communication service television by terrestrial Hertzian waves of State coverage.

In particular, six licenses from State coverage, of which three are for the television broadcast in high-definition (HD) and the remaining three are for the issuance of standard quality (SD) television, tender with the aim of achieving a fair balance between, on one hand, the promotion of technological innovation and the possibility of offering citizens modes of digital terrestrial television to provide higher quality , and, on the other hand, awarding greater number of licenses that result in a greater representativity of the pluralistic interests and currents of opinion in society and a better meeting the needs of citizens access to more content and a differential audiovisual offer. To achieve this goal, sets different score to the sections that make up the technical offers. Will be awarded a higher score to the part corresponding to free and pluralistic expression of ideas and currents of opinion in the case of licences for the broadcast of TV in standard quality; for licenses for the issuance of high-definition television, will be awarded higher scores to the section corresponding to the proposal of programming.

On the other hand, article 24.2 of the law 7/2010 of 31 March, establishes that the award of an audiovisual licence carries the granting of proprietary use of the Radioelectric public domain in accordance with the planning established by the State, that is approved in accordance with the legal regime 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 promoting the deployment of networks and services, which are not but transcript and incorporation of these same principles recognized and guaranteed by the Community directives on networks and electronic communications services, in particular the framework directive (Directive 2002/21/EC of 7 March 2002) and the authorisation directive (Directive 2002/20/EC (, de 7 de marzo de 2002). Thus, by way of example, article 7 of the authorisation directive includes the promotion and development of competition as one of the principles that should be taken into account in any allocation of rights of use of radio public domain, particularly, when the assignment of these rights is limited in number.

These principles are applicable in all of the legal regime of telecommunications, but, especially, when it comes to allocate a scarce resource as the Radioelectric public domain, and they are also applicable if the allocation of the Radioelectric public domain is intended for the provision of audiovisual services, as she was expressly recognized by settled case-law of the Court of Justice of the European Union.

The Spanish legal system 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 law 9/2014, of 9 may, foresees that in the regulatory specifications of bidding for enabling titles granting procedures, precautions may be to avoid speculative behaviors or hoarding of rights of use of the Radioelectric public domain, in particular, through the setting of limits on the amount of frequencies used by the same operator or corporate group, or fixing strict deadlines for the exploitation of the rights of use by the owner.

Therefore, taking into account the previous balance between, on the one hand, technological innovation and higher quality services, and on the other hand, the greater representativity of interests and a broader audiovisual offer as well as the reality of the audiovisual market, in particular, as regards the ground of State coverage television audiovisual service, and in the interest of the objectives of promoting the promotion of competition and ensure a higher turnout of tenderers It has estimated necessary to limit the maximum number of licenses to be awarded. In this way, a same Tenderer shall only be awarded a maximum of a licence for the operation of a television channel in standard quality (SD) and a license for the exploitation of a high definition (HD) television channel.


Not only the technical differences it should be remembered but also offer of content and economic conditions that can be conducted the exploitation of these two types of television channels, in such a way that in the statement of contest licences for the operation of a television channel in standard quality (SD) and the licenses for the exploitation of a high definition (HD) television channel are conceived as two distinct and independent groups of licensing, establishing different appraisals for technical bids submitted to each of them.

In his virtue, to proposal of the Minister of industry, energy and tourism, the Council of Ministers, in their meeting of the day 17 of April of 2015, agrees: first.

Approve the list of bases that has governed the public competition for the award, in regime of concurrency, of six licenses for exploitation, in regime of emission in open, the audiovisual communication service television by terrestrial Hertzian waves of State coverage, which appears as annex I to this agreement.

Second.

Convene public competition for the award, through the regime of concurrency, of six licenses for exploitation, in regime of emission in open, the audiovisual communication service television by terrestrial Hertzian waves of State coverage, of which three are for the television broadcast in high-definition (HD) and the remaining three are for the issuance of standard quality (SD) television.

Third party.

Approves the model of application for participation in the contest, which appears as annex II to this agreement.

Room.

Approves the model of declaration charge of not being in any of the prohibitions of contract referred to in article 60 of the text of the law of Public Sector contracts, approved by Royal Legislative Decree 3/2011, of 14 November, which appears as annex III to this agreement.

Fifth.

The provisions of this Agreement shall apply from the day following its publication in the «Official Gazette».

Sixth.

Against this agreement, which exhausted the administrative channels, is may be brought, in accordance with article 116 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, optional replacement appeal before the same body that has rendered it on within a month from the day following its publication in the «Official Gazette». Alternatively, this agreement may be challenged directly before the Chamber of administrative litigation in the Supreme Court within the period of two months as from the day following its publication in the «Official Gazette», in accordance with article 46 of law 29/1998, of 13 July, regulating the contentious, without that both resources can be simultaneous.

Annex I list of bases of the public tender for the adjudication system of concurrence of six licenses for exploitation, in regime of emission in open, the audiovisual communication service television by terrestrial Hertzian waves of State coverage title I: object and award procedure.

Base 1. Object.

Base 2. Granting of the Radioelectric public domain.

Base 3. Legal regime.

Base 4. Requirements to be holder of a license.

Base 5. Calendar of the procedure.

Base 6. Presentation of offers.

Base 7. Content on I: administrative documentation.

Base 8. Content about II: technical offer.

Base 9. Secured additional commitments.

Base 10. Table of evaluation.

Base 11. Opening the envelope I.

Base 12. Public act of opening the envelope II.

Base 13. Additional information regarding the above requirements II.

Base 14. Assessment procedure.

Base 15. Resolution of the competition and publication.

Title II. The licensing regime.

Base 16. Formalization of the license.

Base 17. Term and termination of the license.

Base 18. Conditions for the provision of the service. Licensee's rights and obligations.

Base 19. Operation of the service.

Base 20. Inspection and control by the administration.

Base 21. Breach of commitments by the licensee.

Base 22. Violations and sanctions regime.

Title III. The service scheme.

Base 23. Technical characteristics of the service.

Base 24. Frequency plan.

Base 25. Area geographical.

Base 26. Date of start of the service and objectives of coverage.

Title I object and procedure of awarding Base 1. Object the present specification of bases has by object govern the award, through competition public and in regime of concurrency, of six licenses for the exploitation, in regime of emission in open, of the service of communication audiovisual television through waves Hertzian terrestrial of coverage State.

The licenses to grant, each an of which enabled to the exploitation of a channel of television, are the following:-License 1: A channel of television in quality standard (SD) in the multiple digital RGE2.

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

-License 3: A channel of television in quality standard (SD) in the multiple digital MPE4.

-License 4: A TV channel in high definition (HD) in the multiple digital MPE5 - 5 license: A TV channel in high definition (HD) in the multiple digital MPE5.

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

To a same tenderer is you can award a maximum of a license for the exploitation of a channel of television in quality standard (SD) and a license for the exploitation of a channel of television in high definition (HD).

Base 2. Award of the domain public radio each an of them licenses for the service of communication audiovisual that is awarded according to the present specification will take entail it timely award of the domain public radio required for its provision, to grant by the holder of the Secretariat of State of telecommunications and for the society of it information, according to it willing in the Real Decree 863 / 2008 , of 23 de mayo, by which is approves the regulation of the law 32 / 2003, of 3 of November, General of telecommunications, in it relative to the use of the domain public radio.

The granting of the Radioelectric public domain must be requested by the interested party jointly with the license, according to the application form in annex II.

Base 3. The basic legal regime of audiovisual communication license legal regime, whose rules is subjected to the licensee, is constituted by the following provisions: − law 7/2010 of 31 March, General Audiovisual communication.

− Law 33/2003 of November 3, the heritage of the public administrations.

− Law 9/2014, of 9 may, General Telecom.

− Organic law 5/1985, of June 19, General Electoral regime.

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

− The rest of concordant and complementary development standards of the abovementioned laws, and in particular, the Royal Decree 805/2014, on September 19, which approves the national technical Plan of the Television Digital terrestrial and regulated certain aspects for the release of the digital dividend.

− The bases laid down in the present specification.

Base 4. Requirements to be a holder of a licence to be the holder of a license, as well as having full capacity to act, it will be necessary that the following requirements are met and respect the following limitations: A) general ability.

To be holder of a license will be necessary meet the requirements established with character general in the article 25 of the law 7 / 2010, of 31 of March.

(B) limitations by reason of order public audiovisual.

In no case may be holders of a license them people physical or legal that is find in any of the circumstances established in the article 26 of the law 7 / 2010, of 31 of March.

Base 5. Calendar of the procedure the procedure of awarding of the license is will develop with arrangement to the following calendar: 1. term of presentation of offers: to them 13:00 hours of the 28 of mayo of 2015.

2. analysis by the table of evaluation of the content of the on I and decision about the admission or the rejection of those bidders. Will take place not more evening of the 15 of June of 2015.

3. Act public of opening of the about II: to the 13:00 hours of the 16 of June of 2015.

4 evaluation of tenders: will proceed to the evaluation of the bids by the table of evaluation and to the elevation of the motion for a resolution to the Council of Ministers, no more later than October 9, 2015.

5. resolution of contest and granting of the licenses by the Council of Ministers: the contest must solve is in the term maximum of six months, of conformity with it established in the article 28 of the law 7 / 2010, of 31 of March.

Base 6. (Presentation of offers them requests and documentation required is presented in the form, place and term designated in the paragraphs following: 1) form of presentation.

1. be present request signed by the representative legal of the tenderer duly authorized, in accordance with the model that consists in the annex II.


2. each tenderer will present a unique request in which may choose up to a maximum of two licenses; enabling license for the exploitation of a standard quality channel and the other for the exploitation of a high definition channel. Failure to comply with this requirement will result in the exclusion of all the applications submitted by the tenderer license this circumstance occurs. For this purpose, shall be considered submitted by a same bidder applications relevant to companies of the same group of companies, pursuant to article 42 of the code of Commerce.

3. the filing of the application implies the unconditional acceptance by the tenderer of the content of the present specifications and their bases. However, they can offer by the tenderer improvements over the minimum conditions of service whose license is requested.

4. to request will accompany two envelopes signed by the representative of the tenderer, designated with numbers I and II, stating in the envelope and closed I «Administrative documentation», and in the envelope II «Technical offer». The envelope II should contain as many technical offers such as licenses requested by the tenderer. Therefore, the above II may include, at most, a technical proposal for enabling license for the exploitation of a channel as a standard and a technical proposal for enabling license for the exploitation of a high definition channel. Technical tenders must be completely distinct and independent and be properly identified.

5. in each of the envelopes will be clearly state the name and the data of the applicant, with the specification of the mailing address and contact phone. In addition and for the intended purposes in base 13, will be provided an email address.

(2) place of filing.

1. tenderers shall submit the application and the documents listed below, in a sealed envelope in the General registry of the Ministry of industry, energy and tourism, located in the Paseo de la Castellana, 162. 28071 Madrid, Spain or in the registration Assistant of the Secretary of State for telecommunications and the information society whose headquarters is located in the calle Capitán Haya, 41. 28071 Madrid, Spain.

2. the documentation may send is also by mail certified, directed to the registration General of the Ministry of industry, energy and tourism or to the record auxiliary of the Secretariat of State of telecommunications and for the society of the information. In this case, the tenderer must justify the date and the time of imposition of the shipment at the office post and announce the General registry of the Ministry of industry, energy and tourism or the registration Assistant of the Secretary of State for telecommunications and the information society the remission of the proposition by telex, fax or telegram , in which is recorded the title full of the tender and the name of the tenderer, as well as the number of certificate of the shipping done by mail. The telex, fax or telegram should have is studied also within the term of presentation of the application. The communication effected by this medium only will be valid if is has constancy of its transmission and reception, as well as of them dates and of the content and if is identifies to its sender and to its recipient.

However, after 5 working days following the completion of the deadline without having received the documentation, it will not be admitted under any circumstances.

3. If do not concur both requirements (justification of the shipping date on the post office and announcement of the remission of the offer) will not be admitted the request in the event that it was received outside the time limit set in the notice. Failure to comply with provisions of this base will result in the inadmissibility of the application.

(3) deadline.

Requests may be submitted during opening hours of the General registry of the Ministry of industry, energy and tourism or the registration Assistant of the Secretary of State for telecommunications and for the information society, in accordance with the deadline on the base 5.

Base 7. Contents of the envelope I: administrative documentation envelope initialled I under the name «Administrative documentation», shall contain the following documents (originals or copies authenticated by a notary or administrative): 1. guards who prove to have constituted a guarantee amounting to €6,000,000 for each requested license that meets the maintenance of tenders until the resolution of the competition. For the winning bidder be awarded any of the licenses, the provisional guarantee will respond also the fulfillment of obligations on presentation of supporting documents found to date in fulfilling their tax obligations and with Social Security. The provisional guarantee shall be lodged before the General case of deposits and will be presented by guarantee provided by credit institutions or reciprocal guarantee companies in accordance with what is established in Royal Decree 161/1997 of 7 February, which approves the regulation of the General deposit box.

The warranty provisional is terminate automatically and will be returned to them bidders immediately after the award of the licenses.

2 documents certifying the personality of the applicant: be all that apply within those indicated in annex IV.

3. documents evidencing the representation. They must be those who are brought or requests on behalf of others to sign power of Attorney for this purpose, duly registered in the commercial register and copy certified or authenticated by a notary of his national identity card, passport or other equivalent document.

If the bidder is a national physical person of a State signatory of the agreement of the European economic space or a legal person with a registered office in a State signatory of the agreement of the European economic space, its representative should provide the document that accredits their domicile in Spain. In this case, means that the domicile of the representative agrees with the postal address of the person represented.

4. a document proving that the bidder meets the overall capacity requirements laid down in article 25 of the law 7/2010 of 31 March.

5. responsible for declaration, in accordance with the model in annex III, it is declared that the tenderer is not in the limitations which, for reasons of public audiovisual policy, set forth in article 26 of the law 7/2010 of 31 March. Also indicate expressly that the tenderer is abreast with Social Security and the fulfillment of tax obligations imposed by the regulatory provisions in force.

6 documentation fiscal or accounting for the last 3 years, including the last financial year for which the obligation of presentation of it is expired, which can break off a turnover related to the provision of audiovisual services or in-house or through subsidiaries of audiovisual content. In the latter case, whenever possible proof that there are actually corresponding to such subsidiary economic means. The turnover of each of the past three years may not be, in any case, less than €2,500,000.

Base 8. Contents of the envelope II: technical offer envelope II, signed under the name «Technical offer», may contain up to a maximum of two offers technical, depending on the number of licenses requested by the tenderer. I.e., the envelope II maximum may include a technical proposal for the exploitation of a channel quality standard and a technical offer for the exploitation of a high definition channel. Technical bids must be complete and duly identified.

A copy shall be provided for each technical proposal will be evaluated independently, not being subject to assessment possible referrals that may make the content or commitments of the various technical tenders submitted. I.e., the commitments which arise shall be independent and specific for each technical bids; not admitting is or referrals to them commitments of them different offers technical or commitments that are conditioned to the obtaining, in his case, of a license for the exploitation of a channel in quality standard and a license for the exploitation of a channel in high definition.

Each exemplary will have an extension maximum of 300 pages in total, foliate, model DIN A4, to double space, with a letter of body not lower to 12 points or higher to 14.

The «offer technical» is present in two copies, an in paper and another in support electronic (CD-ROM or DVD not rewritable) in format Word or processor of texts equivalent. Two copies are included within the about II corresponding.


The additional documentation supporting technical offer technical or market research carried out in connection with the development of television in general and of DTT in particular, and any other document such as consultants or solvent financial analyst reports, should include in the copy in electronic form, in PDF format under the title "Additional documentation". «ADDITIONAL documentation» may be used to merely clarifying effects and, in any case, its content will be subject to evaluation.

In case of discrepancy between the paper and the electronic format, will prevail in paper documentation.

The structure and content of each of the possible techniques to present offers shall be subject to the following sections: 1. free and pluralist expression of ideas and currents of opinion.

2. technical proposal.

3. proposed economic.

4. proposal of programming.

5. satisfaction of the different demands and plural interests of citizens.

6. strategy corporate.

7. impact on the industry Spanish and European of them contained digital and contribution to the innovation technology.

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

In order to assess the achievement of these objectives, the tenderer will provide the necessary information to assess how, if it awarded him the license, they would improve the levels of pluralism in television, guaranteeing a free and pluralist expression of ideas and currents of opinion. For this purpose, the tenderer will present in detail the measures and firm commitments that plans to launch, in order to safeguard the plurality of ideas and currents of opinion within their television offer, as well as to diversify the information agents.

The assumption by the tenderer of concrete commitments to freedom of expression and respect for objectivity, veracity and impartiality of the information as well as the publication of codes of conduct to ensure open access to ideas and currents or the creation of committees that ensure the independence and plurality of the professionals that will be valued especially.

(2). Technical proposal.

The proposal of the tender will contain relevant information enabling to assess technical, human resources and organizational positions in the service of the license for the provision of the television service in this section.

A_efectos_de a better understanding of the contribution of the bidder in this matter, this section will be divided into four subsections: i) technical resources and professionals.

There will be a description of facilities, equipment and other technical means allowing to use the bidder for the production of content and television programs, its post-production and editing of the television channel, and other technical work related to the digital terrestrial television service. Is itemised them facilities and equipment technical already available, and the calendar and deadlines for the availability of the new facilities and equipment necessary for the provision of the service.

Also described are the technical means intended for the treatment and transport of signals from production centres to the network for transport and distribution of signals.

In the event that the bidder provides to offer digital services and innovative services related to the service of terrestrial television, such as the multi-device access to content or programs via the internet, connected TV services or other similar, it will cover a description of the technological platforms, equipment and other means for their provision in its proposal. The types of services will be detailed to offer as well as measures to facilitate the access to people with disabilities.

Information systems that the tenderer plan to use in your activity will describe briefly the offer.

Also be collected in the same briefly the human resources that the bidder expected to allocate to its activity, as well as their professional profiles or technical qualification.

Own technical and human resources to make will be detailed are expected to contract with third parties, and will be required if such means are available to the winning bidder or the terms in which it expected to be available.

Plus the adequacy and sufficiency of the necessary technical and human resources for the provision of audiovisual and digital services provided by the tenderer in his offer. You will be equally valued the availability of those resources, as well as the firm commitments with third party service providers or technical means, that guarantee the provision of services.

(ii) radio coverage plan.

The tenderer will present its objectives and strategy in relation to radio coverage which, in any case, must conform with the provisions in the Real Decree 805/2014, on September 19, and deadlines and intermediate milestones established in the base 26.

For this purpose, a description of the network for transport and distribution of signals that the tenderer plan to use will be collected and whether it plans to hire with third-party service for transportation and distribution of signals.

Also will be indicated detail on the evolution in time of the coverage both in geographical terms as of the population covered in each phase, as well as the end cover which is expected to reach.

Plus the adequacy and feasibility of the deployment of the coverage plan, and in particular the possible improvements with respect to the end cover which provides reach, in so far as they exceed the minimum coverage of 96 per cent of the population required in article 2.4 of the Royal Decree 805/2014, on September 19.

(iii) plan for quality, continuity and reliability.

The proposal shall include the Plan of quality, continuity and reliability proposed by the tenderer, which express the following forecast must be made:-collect briefly its plan of quality and management systems of quality which provides for implementing.

-Continuity of operation centres of production and emissions, transport and network dissemination of signs, information systems and digital service platforms and, in general, of the service of digital terrestrial television and other services and the technical means that the bidder provides for using equipment redundancy procedures, mechanisms that guarantee the continuity and use of alternative systems, and emergency power systems.

The adequacy of the proposed quality and continuity plans will be assessed in this section. In particular, the commitments regarding the obtaining of certificates of quality ISO 9001 or equivalent, as well as the definition of agreements of service level in terms of the continuity of services, the availability of broadcasting and time resolution of serious incidents will be assessed or affecting services.

(iv) environmental and occupational safety plan.

The proposal must indicate the measures of environmental management which the tenderer intends to apply to operate the service.

It will also, actions aimed at the implementation of the technical regulations and in terms of job security, in force during the period of the leave, to minimize the potential risks to employees for the use and exploitation of systems and equipment related to the activity of the tenderer.

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

Section 3. Economic proposal.

The economic proposal will allow to perform a required assessment of the economic viability of the project, and must detail, at a minimum, the following subsections: i) analysis of the market and business strategy.

The proposal of the tenderer will contain the information relevant that allows evaluate it strategy commercial and of performance competitive of the service of television that thinks offer in the market Spanish. In particular, the tenderer will provide detailed information on the following issues: − analysis of the characteristics of the Spanish audiovisual market, the TV and DTT services. Formulas and competitive proposal for television services providing the bidder for the Spanish market so as to achieve the maximum development of their market potential, characterizing its differential elements against other existing offers, so that the benefits of such services will maximize for customers, society and the Spanish and European economy.

− detailed projections of the potential audience of TV channels provided by the bidder during the term of the license, both for the overall market share provided for therein, with express reference to the methodology will be presented.

− Shall contain information on business strategies for attracting audience and advertising, such as, strategies of marketing, acquisition and retention of advertisers, evolution and forecast of revenue from advertising and planned participation in the advertising market share.


− Will present detailed information on the integration of digital services in the business model of the tenderer so how about different forms of access to these services provided by the bidder during the term of the license. Also, a detailed the number of users of these services digital projection will be presented in different modalities of access provided with express mention of the methodology used.

(ii) financial and business plan.

The Tenderer shall specify their sources of financing, the investment forecast, as well as forecasts of income and expenditure and the Treasury plan which must be expressed in nominal euro. Operating results forecasts will also be assessed.

(a) income and expenditure forecast.

− income projection. The tenderer will provide a projection of their forecasts of earnings during the period of validity of the licence, and must take into account, among others, the following groups: ▪ advertising market, will be presented for each type of program, schedule in relation to the types of advertising and promotion. The advertising rates envisaged for the various forms will also be detailed.

▪ advertising market for exploitation of content.

▪ Exploitation of services digital online.

▪ Contributions of the partners.

▪ capital grants.

▪ Loans.

− Forecast of expenses. It tenderer will provide a projection of them different chapters for the development and exploitation of the service during the period of validity of the license, taking in has between others them following groups of costs: ▪ costs associated to the provision of content and programming.

▪ Costs associated with the provision of digital services.

▪ operating costs, network and transmission.

▪ personnel costs.

▪ Repayments.

▪ Interest and debt costs.

▪ Provisions.

▪ Taxes.

(b) forecast investments and funding sources: − forecast investments. Bidders explained its investment programme planned for the period of validity of the licence, broken down by type of investment considered and consistent with the forecast of revenue and expenditure, to be considered in the previous point.

− Sources of funding. Sources of funding will be presented to initiate and ensure the development of the activity.

(c) Treasury plan. Tenderers shall submit a Treasury plan for each of the years of the license.

(d) analysis of sensitivity of the financial plan and business. Tenderers will present studies of sensitivity analysis of your financial plan and business in relation to the chosen provisions, and must supply additional information to explain strategies and planned corrective actions to adapt to the possible effects resulting from the test.

The evaluation will be especially into account in their appraisals the concreteness and detail of information related to the business strategy and the financial plan and business presented by the bidder, as well as its coherence with the programming offer and objectives which the tenderer intends to achieve with the license or license chosen, in order to ensure the economic viability of the project submitted by the tenderer.

Section 4. Proposal for the programming.

A key to take into account refers to the diversity of content and television programs 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 proposal of programming that allows to identify in detail the characteristics of content to offer, defining merely estimated forecasts of the firm in the field of content commitments and detailing, in his case, the guarantees offered in the fulfilment of these commitments.

A_efectos_de have a better understanding of the contribution of the bidder in this matter, this section is subdivided into three subsections: i) features the programming: the proposal of the tender shall contain specific and relevant information allowing to assess the policy of programming scheduled throughout the period of validity of the licence. To do this, at least, will supply the following information: − typology of audiovisual content and its distribution within the programming of TV channel: • informative contents (Bulletin, news, magazines, debates).

• Contents of social and cultural interest (weather information, traffic, culture calendar, educational programming, documentaries).

• Children's contents (animation).

• Contents of fiction.

• Sports content.

• Other content (humor, competition, reality show, talk show, reality-docu, galas, music, etc.).

• Teleshopping.

− Proportion of contents Spanish, European and third countries not belonging to the European Union on the total.

− Contents associated with advanced digital and interactive services.

(ii) content management model: the bidder will provide concrete information permitting to evaluate content management model provided throughout the period of validity of the licence. Among other information, the tenderer must inform about the following issues:-share of programming on the total issued hours of original productions or releases for free television.

-Proportion of own production of the bidder against foreign production, as well as suppliers of content (producers and distributors).

-Proportion of reissues of programmes already broadcast with respect to the total time of emission.

-Proportion of programming about the total of issued hours of live programs.

(iii) special plans: it must provide information on special plans that the Tenderer has launched or expected to develop throughout the period of validity of the licence.

− quality of contents Management Plan. Be specified if he is expected to implement management systems and compliance with standards of quality of content, as well as the organs of control of those systems.

− Internet Content Management Plan. Forms of cross-platform access to content on the internet, will be detailed if the access will be live or delayed, if the content will be in high definition, if you can access these contents in original or subtitled versions, as well as if offered, in parallel, payment or type Premium content services.

-Accessibility to the contents plan. The tools used (audio description, signed and subtitled content), as well as investments will be detailed in the implementation and development of these tools and other technological improvements provided for in accordance with international standards. The effort of the tenderer to incorporate into the program facilities for access by people with disabilities over the legal obligations will especially be evaluated.

− promotion of language learning Plan. You will see the development of measures aimed at the learning of official languages of the European Union by children and/or young, as well as the design of contents of animation that can be displayed in any of the official languages of Spain or the European Union.

− Strategy of assignment of television channels open to providers of television broadcast services by cable, satellite or Internet Protocol (IPTV).

The tenderer may make reference to market research and analysis of hearings that have made and that support its proposals, demonstrating that the contents and proposed programs will satisfy various demands and interests of the public.

The tenderer must provide detailed information on its policy of scheduling and management of audiovisual content. The more detailed is the proposal, the greater the credibility that the bidder get in their ability to exploit the license request. Table of evaluation will especially take into account the realization of this proposal when making their assessment.

The effort of the tenderer to develop own productions, as well as to launch a content management plan on the Internet, an impulse of language learning plan and a strategy of assignment of television channels open to providers of television broadcast services by cable, satellite or Internet Protocol (IPTV) without payment will especially be evaluated.

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

The tenderer will describe the offer highlighting how it contributes to the various sociological and cultural manifestations of the public in the Spanish audiovisual market.

(When considering the proposal of the tender shall take into account the following subsections: i) characteristics of the offering is to be performed, the types of content and services that are going to supply to the public, in such a way that they provide to users new information, leisure and entertainment options, so respond to their personal and different tastes and interests , and imagine a differentiated offerings to other options on the market.


(ii) the capacity to satisfy the various demands and the plural interests of the public that can be demonstrated in various ways, as, for example, by the different types of programs that will be issued, by the characteristics and styles of programming, so that they are targeting certain segments of the population, such as children or youth and senior citizens.

The tenderer may refer to market research and analysis of audiences that you have made and that support his proposal as to the contents and proposed programs will satisfy various demands and interests of the public, and to ensure a free and plural expression of ideas and currents of opinion.

The efforts of the bidder to submit a proposal enabling citizens to access a greater number of audiovisual content and an audiovisual offer differential will be assessed especially.

Paragraph 6. Strategy corporate.

A_efectos_de have a better understanding of the contribution of the bidder in this matter, this section will be divided into two subsections: i) internal corporate strategy: − the commitment of the tenderer does not convey or lease the licence within two years after the initial award of the license will be valued.

− If the contribution of some of them partners outside determinant for the compliance of them commitments assumed, the tenderer will present commitments individualized of these in relation to these contributions and maintenance of such partners within the society.

− Is will define the positions destined to people with disability.

− Is will mark the actions aimed to the conciliation of the life work and family.

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

(ii) external corporate strategy: − will be evaluated the implementation of measures of attention to viewers, as well as the implementation of procedures to satisfy the right of reply of the same.

− the adaptation of audiovisual content to the existing codes of self-regulation will be valued in the moment of resolution of the competition procedure, as well as the promotion of the use of parental control mechanisms.

The presentation of firm commitments with the stability of the exploitation of the license, as well as the presentation of plans of staff training and the promotion of the use of parental control mechanisms be taken into account.

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

A_efectos_de have a better understanding of the contribution of the bidder in this matter, this section will be divided into two subsections: i) the tenderer will indicate the actions or planned investments in the face of the Spanish and European digital content industry development and job creation. To this respect, is will have in has it following: − is will provide, for the joint of services and of it programming, the proportion of hours on the total of the production of contained Spanish, European and of countries third not belonging to the Union European, offering data and breakdown by typology of programs, as well as production own of programs facing production alien. The tenderer should provide concrete information on if you plan to incorporate any improvement with regard to the statutory obligation to support the European and Spanish production, and whether it contemplates the possibility of making additional contributions to the audiovisual industry such as funding of festivals or awards for short films or feature films.

− Proportion of the programming corresponding to works of producers independent and commitments in relation to the political to follow by the tenderer for the contracting with producers independent.

− recruitment policy of emission rights for television, films and series for television.

− direct, permanent or temporary job creation forecast, years of validity of the licence, as well as the provision of indirect employment which is projected to create classified in accordance with the sectors concerned.

(ii) particular attention to investment or technological or industrial, contributions will be especially technological innovation projects, which encourage the development of the information society in Spain, through the creation of innovative services and applications targeted at citizens and catalyst for a process of digitalization of Spanish society. Likewise, the contributions of the proposal submitted by the bidder in relation to the impulse of high definition in Spain will be assessed.

Investments must demonstrate its direct relationship with the television audiovisual communication service project, as well as be carried out as a result of the same. In the case of not being carried out by the tenderer, this will provide documentation of third parties related to them, settling for his assessment the same criteria as for investment or technological or industrial contributions of the tenderer.

Not be taken into account those investments or industrial or technological contributions that were planned for implementation prior to the convening of the present competition.

The effort of the tenderer when issuing Spanish and European productions above legal obligations and actions aimed at fostering the development of the society in Spain and audiovisual information and digital content will be evaluated especially. In particular, be taken especially into account actions that lead to technological innovation projects or that involve the hiring of works of independent producers, as well as emissions of cinematographic films and series for television.

In addition and in the case of high definition television channels, plus the presentation of concrete actions aimed at promoting high definition in Spain. In the case of standard quality television channels, plus the commitment to broadcast in high-definition when technical conditions permit.

Base 9. Commitments additional guaranteed the tenderer may be present in your offer u offers technical commitments additional guaranteed in each one of them paragraphs collected in the base 8. These commitments shall be independent and specific for each of the sections that make up each of the technical bids submitted by the tenderer.

The assumptions that a bidder present two technical offers, one for enabling license for the exploitation of a standard quality channel and one for the exploitation of a high definition channel, no is taken into account possible referrals that can be made to the content or secured additional commitments from the various technical tenders submitted. Nor those guaranteed additional commitments which are the two chosen licensing shall be taken into account.

The guarantees which ensure the implementation of these additional commitments will be implemented through the Constitution of guarantees, prior to the formalization of the license as set out in the base 16. These guarantees must be provided by credit institutions or reciprocal guarantee companies and deposited to the General case of deposits, as established in the Royal Decree 161/1997, of 7 February.

Secured additional commitments will have to be formulated clearly and precisely, not evaluating those commitments with respect to which it was not possible to determine its content and scope. For the purposes of assessment, be taken into account the scope of these commitments, the time scale for their achievement, their relationship with the provision of the service which enabled the licenses, their relevance for the proper execution of the corresponding technical offer and the guarantee associated with each additional commitment. With respect to warranties, be taken into account its amount, its period of validity, as well as its proportionality with respect to the guaranteed commitment.

Secured additional commitments will be duly taken into account by the evaluation table in their assessment of the different sections that make up each of the technical offers in accordance with provisions of the base 14.

Base 10. Table of evaluation the evaluation table will be composed as follows: President: the owner of the Undersecretary of the Ministry of industry, energy and tourism.

Members:-the holder of the Secretariat General technique of the Ministry of industry, energy and tourism.

-The holder of the Directorate General of telecommunications and information technologies.

-The holder of the Directorate General of industry and small and medium-sized enterprises.

-The holder of the General Sub-Directorate of greater Oficialia and financial management.

-The head of the Subdirectorate General of content in the information society.

-The holder of the General planning and management of the radio spectrum.

-A State attorney assigned to the Ministry of industry, energy and tourism.

-An auditor assigned to the delegate intervention in the Ministry of industry, energy and tourism of the General intervention of the administration of the State.


The Secretary, with voice but without vote, shall be appointed by the President among the officials of the Secretariat of State for telecommunications and the information society with a minimum level of Service Manager.

Base 11. Opening and analysis of the envelope I according to the timetable for the procedure in base 5, evaluation table will be established at the headquarters of the Secretariat of State of telecommunications and the information society to proceed with the analysis of the contents of the «Administrative documentation» I.

The table of evaluation will analyze that the on I contains the documentation required to the tenderer at the base 7.

Once analyzed the contents of the I, the evaluation table will solve the admission or rejection, where appropriate, submitted bidders.

If the Bureau observed defects or correctable omissions in the documentation submitted, may be granted not later than 3 business days so that the tenderer rectified the error, under express penalty of exclusion from the competition otherwise.

Base 12. Public opening of the above Act II in accordance with the procedure laid down in base 5, calendar will take place at the headquarters of the Secretariat of State of telecommunications and the information society, a public ceremony in which the evaluation table will proceed to the opening of the envelope II «technical offer' of tenderers who have been admitted to the competition.

Base 13. Additional information regarding the above requirements II La Mesa de evaluation may, through electronic notification via the email address provided by the tenderer, request tenderers the presentation of additional information which, for explanatory purposes, it considers necessary in relation to the technical offer and the complementary documentation.

The required Tenderer shall have a period of 5 working days, computed from the notification of the request of the Bureau, for the remission by electronic means of the requested information. In any case, the additional information submitted by the tenderers may be a modification of the submitted offer.

Base 14. La Mesa de evaluation evaluation procedure will evaluate bids based on points collected in the base 8, as well as, where appropriate, secured additional commitments contained in base 9.

Tenders submitted for the operation of channels on quality standard and high definition will be assessed independently. In the event that a same bidder present two technical offers, one for the exploitation of a standard quality channel and one for the exploitation of a high definition channel, will be assessed independently each one of them. Each an of these offers must be self-contained, so that only is will assess the content of each offer, not being dyed in has them references or links to other sources or documents. Not will be dyed in has any commitment or statement that suppose it bonding, direct or indirect, of both offers or the effect cumulative of the award of the two licenses chosen.

Also, the evaluation table request many technical reports as he deems appropriate.

For the case of them channels of television in quality standard (SD), each one of them paragraphs collected in the base 8 is will qualify through the following scores: • paragraph 1. Expression free and pluralistic of ideas and currents of opinion. Between 0 and 150 points.

• (2). Technical proposal. Between 0 and 120 points, broken down as follows: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 20 points.

(− subsection iii): between 0 and 30 points.

(− subsection iv): between 0 and 10 points.

• (3). Proposed economic. Between 0 and 120 points, broken down as follows: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 60 points.

• Section 4. Proposed programming. Between 0 and 90 points.

(Subsection − i): between 0 and 30 points.

(− subsection ii): between 0 and 30 points.

(− subsection iii): between 0 and 30 points.

• Section 5. Satisfaction of the different demands and plural interests of citizens. Between 0 and 120 points, broken down as follows: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 60 points.

• Section 6. Corporate strategy. Between 0 and 50 points, broken down as follows: − subsection i): between 0 and 25 points.

(− subsection ii): between 0 and 25 points.

• Section 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): between 0 and 25 points.

(− subsection ii): between 0 and 25 points.

In this case, on a global basis, be taken into account those offers that result in a greater representativity of the pluralistic interests and currents of opinion in society, taking into account for their valuation those principles that law 7/2010 of 31 March, considered essential such as pluralism, both in its information and opinion.

In the process of obtaining the score of each of the sections that make up the technical offer will proceed in the following way. It may be granted to each section a maximum 80 percent of the corresponding total score. The 20 percent remaining of the score total of each paragraph, is grant to those commitments additional guaranteed presented by the tenderer according to it collected in the base 9.

Obtained the score total of all them offers technical with regard to each one of them paragraphs that the make up, will be automatically deleted those offers that in them paragraphs 1 to 5 receive a score lower to the 30 percent of the score total of each paragraph.

For the case of them channels of television in high definition (HD), each one of them paragraphs collected in the base 8 is will qualify through the following scores: • paragraph 1. Expression free and pluralistic of ideas and currents of opinion. Between 0 and 90.

• Paragraph 2. Proposed technical. (Between 0 and 120 points disaggregated in the following way: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 20 points.

(− subsection iii): between 0 and 30 points.

(− subsection iv): between 0 and 10 points.

• Paragraph 3. Proposed economic. (Between 0 and 120 points disaggregated in the following way: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 60 points.

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

(− subsection i): between 0 and 50 points.

(− subsection ii): between 0 and 50 points.

(− subsection iii): between 0 and 50 points.

• Section 5. Satisfaction of the different demands and plural interests of citizens. Between 0 and 120 points, broken down as follows: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 60 points.

• Section 6. Corporate strategy. Between 0 and 50 points, broken down as follows: − subsection i): between 0 and 25 points.

(− subsection ii): between 0 and 25 points.

• Section 7. Impact on the Spanish and European industry of digital content and contribution to technological innovation. (Between 0 and 120 points disaggregated in the following way: − subsection i): between 0 and 60 points.

(− subsection ii): between 0 and 60 points.

In this case, with character global is will have in has the capacity of the tenderer to contribute to the development of the high definition encouraging the innovation technological and the possibility of offer contained of high quality.

In the process of obtaining of the score of each one of those paragraphs that make up the offer technical is will proceed of it following way. To each paragraph is you can grant as maximum a 80 per cent of the score total corresponding. The 20 percent remaining of the score total of each paragraph, is grant to those commitments additional guaranteed presented by the tenderer according to it collected in the base 9.

Obtained the total score of all bids techniques with respect to each of the sections that form them, will be automatically eliminated those offers that in paragraphs 1 to 5 and paragraph 7 receive a score inferior to 30 per cent of the total score in each section.

The table of evaluation will select those offers technical that obtain it greater score total after the sum of the score obtained in each one of them paragraphs previously indicated both for the exploitation, as maximum, of a channel in quality standard as for it exploitation, as maximum, of a channel in high definition.

Base 15. Resolution of the competition and publication upon completion of the assessment work described in the rules above, relating to the two groups of technical offers for television in standard quality (SD) channels and the television channels in high definition (HD), the evaluation table will order offers techniques for each of the two groups from highest to lowest score , indicating the score obtained for each offer.


The table of evaluation will identify, by order of greater to less score, them three bidders whose offer has retrieved greater score in each one of them two groups of licenses, and les will require so, within the term of 10 days to count from the following to that in that had received the requirement, present the documentation supporting of find is to the current in the compliance of their obligations tax and facing it security Social and the formalization of them secured additional commitments that may have been made, as provided in the base 9. Also, is will require to each one of these bidders to manifest their order of preference in the award of the licenses.

He compliance of the requirements earlier in the term designated is requirement essential for the award and formalization of the corresponding license.

If any of them bidders required not meets them requirements earlier in the term designated, is will require to the tenderer that had retrieved the following greater score in its offer for the Group of channels corresponding, and so on, so, within the term of 10 days to count from the following to that in that had received the requirement submit supporting documentation of compliance with the above requirements.

Once provided above documentation attesting to compliance with the above requirements, the evaluation table will analyze the order of preference in terms of specific licenses for each designated group by each of these bidders in its reply to the request mentioned above, in order to propose the final of each of the specific licenses from each group award according to the preference expressed by the tenderers on the basis of the highest obtained score by each tenderer in his offer.

The evaluation table agreed proposal for the award of licenses, which rise to the Council of Ministers.

The Council of Ministers will resolve the competition, within a maximum period of six months in accordance with the provisions of article 28 of the law 7/2010 of 31 March, and can both give such as declare void the licenses and the resolution shall notify tenderers.

The agreement of the Council of Ministers whereby the contest is resolved will be published in the «Official Gazette».

Title II license Base 16 system. Formalization of the license the license is to be formalized in administrative document by the Minister of industry, energy and tourism within the 30 days following the notification of the decision of final adjudication.

The license shall entail the corresponding public domain radio award, granted by the Secretary of State for telecommunications and the information society.

The license and its holder, as well as them data and circumstances relevant, will be registered in the register state of providers of services of communication Audiovisual, regulated by the law 7 / 2010, of 31 of March.

Prior to the start of the service, the holder shall prove to the Ministry of industry, energy and tourism have presented, in the delegation, administration or Office liquidator of the Treasury, the autoliquidación from the payment of capital transfer and stamp tax, in accordance with its rules governing.

Shall the licensee account all expenses and taxes arising from the contest, formalization and fulfillment of the license, as well as publication in the «Official Gazette».

Base 17. Term and termination of the license the license will be granted for a period of fifteen years, renewable in the terms established in article 28 of the law 7/2010 of 31 March. The computation of the period shall be from the date of conclusion of the license.

The license shall terminate by the causes provided for in article 30 of the law 7/2010 of 31 March.

Base 18. Conditions for the provision of the service. Obligations and rights of the licensee 1. The licensee is obliged to faithful and exact compliance with the terms of the license, as well as the regulations concerning audiovisual and telecommunications. In particular, they will be subject to the fulfilment of the law 7/2010 of 31 March General Audiovisual Communication; Law 33/2003, 3 November, the assets of the public administrations, law 9/2014, May 9, General of telecommunications; the law organic 5 / 1985, of 19 of June, regime Electoral General; Law 34/1988 of 11 November, General advertising; Law 3/2013, 4 June, creation of the National Commission of markets and competition, as well as the rules of development of the mentioned laws. In any case, must meet the following obligations: to) provide directly the service object of the license, without prejudice to the possibility of holding legal business on the same subject to the provisions of article 29 of the law 7/2010 of 31 March.

(b) provide the service in accordance with the technical characteristics specified in the base 26.

(c) ensure the continued provision of television service subject to the conditions and commitments by the bidder in its request and that they served as a basis to the granting of the license.

(d) reach a coverage, at least 96 percent of the population in deadlines and intermediate milestones established in the base 26, under cover as provided in article 2.4 of the Royal Decree 805/2014, on September 19.

(e) the licensee shall issue in open 24 hours a day.

(f) reserve the corresponding percentage of the time of annual emission of its programming, in accordance with article 5(2) of the law 7/2010 of 31 March to European works.

(g) contribute to the pre-financing of European works within the meaning of article 5.3 of the law 7/2010 of 31 March.

(h) have a web site in which can be recorded the ends referred to in article 6(1) of the law 7/2010 of 31 March, in relation to the right to a transparent media.

(i) provide the information necessary for the preparation and implementation of the electronic programming guide, in accordance with the provisions of article 6(2) of law 7/2010 of 31 March.

j) file for a period of six months from the date of first issue, all programs issued, including commercial communications, and record data relating to such programmes, for the purposes of article 61 of the law 7/2010 of 31 March.

(k) meet them obligations that, with regard to the registration State of providers of services of communication Audiovisual, are current, of compliance with the article 33 of the law 7 / 2010, of 31 of March.

(l) provide to the Administration, through the Secretary of State for telecommunications and the information society under the Ministry of industry, energy and tourism, how much information is required in relation to the technical and economic aspects of the service and, in particular, quarterly information about the coverage achieved by every television station, indicating the geographical areas and the affected population will be incorporated to the service. The quarterly information referred to in the preceding paragraph shall be provided by the licensee within 45 calendar days following the date of conclusion of the preceding quarter.

(m) facilitate the checks and inspections that are carried out to verify compliance with the terms of the license.

The granting of the license does not exempt the holder of the fulfilment of other obligations that come by other standards.

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

3. the licensee shall be holder of the following rights: a. dispose of the necessary radio spectrum for the provision of the service of television media through terrestrial Hertzian waves, in the band of frequencies that are detailed in the technical plan, without prejudice to the provisions of these rules.

b. commercially exploit the license and broadcast throughout the national territory, within the fields of coverage planned.

c. any other rights that are recognized in the present contract or apply to you as a licensee, pursuant to the law 7/2010 of 31 March.

Base 19. Operation of the service the license is granted a non-exclusive basis. They may be given, in addition, to the extent that the applicable rules so provide it, matching licenses totally or partially by the end that is intended, independently, in any case, the technologies that serve as a support to them both the geographic scope.

It will not give right to any compensation, the entry of new competitors in the provision of the service, or the modification of the conditions resulting from the adaptation of national legislation to Community rules.

Base 20. Inspection and control by the Administration the Ministry of industry, energy and tourism and the National Commission of markets and competition will exert in the terms provided in the Act 3/2013, 4 June, the competence of inspection and control necessary to ensure the correct performance of the obligations of the licensee and the smooth running of the services object of the license.


For the purposes of the provisions of the preceding paragraph, the administration or the corresponding public agency may inspect the activity of the licensee, both as founded upon request of a natural or legal person entitled to formulate it.

In addition, the licensee shall be required to facilitate the work of the Inspector and to provide much information on the operation of the service required to do and it is technically possible.

Base 21. Breach of commitments by the licensee in case of breach by the licensee of the commitments it has assumed in its offer, you, will be required the responsibility that derives the aforementioned breach running, totally or partially, the guarantees presented.

Base 22. Violations and sanctions regime breaches of the licensee which constitute offences very serious, serious or mild pursuant to articles 57, 58 and 59 of the law 7/2010 of 31 March, determine, where appropriate, the application of the penalties referred to in Title VI of the cited law 7/2010, of 31 March.

Title III system service basis 23. Technical characteristics of the service the technical characteristics of the service and digital terrestrial television stations shall comply with provisions of the national technical Plan of the Television Digital Terrestrial approved by Royal Decree 805/2014, on September 19, and as provided in these rules.

Digital terrestrial television service shall be paid in accordance with the conditions of continuity and quality referred to in the recommendations and reports of the International Union of telecommunications (ITU), the European Telecommunications Standards Institute (ETSI) and standards and current and future DVB-T standards.

Emissions of terrestrial digital television in high definition shall comply with the technical specifications laid down in article 3 of the Royal Decree 691/2010, of 20 may, which regulates the digital terrestrial television in high definition.

Licensees must take on the technical characteristics and incorporate the use of technological innovations and improvements that contribute to a more efficient use of the radio spectrum that are established by the authority, audiovisual or normatively.

The licensee will be obliged to provide the service so that it can be received and displayed on the equipment terminals of TDT have open, compatible interfaces, enabling interoperability.

For the provision of non-television broadcast related or interactive services, referred to in the second additional provision of the Royal Decree 805/2014, on September 19, licensee must hold, where required, the status of 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 digital terrestrial television service will be provided in the bands of frequency, multiple digital, and radio channels established in the national technical Plan of the Television Digital Terrestrial approved by Royal Decree 805/2014, on September 19.

The Secretariat of State of 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 international coordination of frequencies.

Base 25. Area geographical the level geographical of the license is all the territory national.

Base 26. Date of home of the service and objectives of coverage the provision of the service of communication audiovisual television must start is, in the term maximum of six months from the granting of the license, reaching for this it coverage minimum of the 50 per cent of the population Spanish.

Them licensees must reach in the multiple digital in which is locate your license them following goals minimum of coverage of population to count from the formalization of the license:-the 80 percent in the term maximum of 12 months.

-It 90 per cent in the period maximum of 18 months.

-96 per cent within a maximum of 24 months.

Annex II application form Don..., with identity number... (or the reference to the document from in case of a foreigner), on behalf of, according to power granted, with postal address.., aware of the announcement of the tender for the adjudication system of concurrence of six licenses for the provision of the audiovisual communication service television by terrestrial coverage State, agreed through Hertzian waves agreement of the Council of Ministers... , de ...............................

Exposed: Who knows and unconditionally accepts the content of the statement of basis, approved by the same agreement, which applies to the aforementioned contest, and that meets all the requirements to be the holder of a licence required in its base 4 and, for that purpose, makes this application of granting (indicate if requested a license for the operation of a television channel in standard quality - SD - (, a license for the operation of a television channel in high definition - HD-, or both), as well as concessions of Radioelectric public domain attached to them.

In... to... of... of 2015 Mr. Minister of industry, energy and tourism.

Annex III model of responsible Declaration Don/Doña — with identity number, (or the reference to the document from in case of a foreigner), (in its case) in name and representation of the physical/legal person, declare RESPONSIBLY: that neither the signer of the Declaration, nor the physical/legal person which represent, nor any of its managers or representatives , is are bankrupt in so-called any to which is concerns the article 26 of the law 7 / 2010, of 31 of March and the article 60 of the text consolidated of the law of contracts of the Sector public, approved by Real Decree legislative 3 / 2011, of 14 of November, finding is, it person physical / legal represented, to the current in the compliance of them obligations tax and facing it security Social imposed by them provisions force.

I also pledge to provide certificates and documents required by the articles 151.2 of the revised text of the law of contracts in the Public Sector, and article 15 of the General Regulation of the law of contracts of the administrations public, approved by the Royal Decree 1098 / 2001 of 12 October, in relation to article 64.2 of the text , within a maximum period of 10 days, counting from the next to the one that has been the requirement to provide such documentation.

And so it is determined and the appropriate effects, I hereby and signed the present at, to... of... of 2015.

Annex IV documents that accredit the personality of the applicant 1. Spanish natural person: ID of the individual and certified entrepreneur to be registered in the register of providers of services of audio-visual communication or the registration of cinematographic enterprises of the Ministry of education, culture and sport in the case.

2. Spanish legal person: writing of Constitution or modification registered, where applicable, in the mercantile registry, when this requirement was enforceable according to the commercial law applicable. If it is not, deed or Constitution, statutes or founding act document stating the rules by which regulates its activity, registered, where applicable, in the corresponding register. Certificate to be registered in the register of providers of services of audio-visual communication or the registration of cinematographic enterprises of the Ministry of education, culture and sport in the case.

3. physical person with nationality of a State signatory of the agreement on the European economic area: equivalent document ID or passport and accreditation of enrolment on the register or certification planned for the respective countries in annex I of the General Regulation of the law of contracts of the administrations public, approved by the Royal Decree 1098 / 2001 of 12 October which approves the General Regulation of the law of contracts of the authorities public.

4. legal person with a registered office in a State signatory of the agreement on the European economic area: document of incorporation and accreditation of enrolment on the register or certification planned for the respective countries in annex I of the General Regulation of the law of contracts of the administrations public, approved by the Royal Decree 1098 / 2001 of 12 October which approves the General Regulation of the law of contracts of the authorities public.