Royal Decree 805/2014, of 19 September, approves a new national technical plan for digital terrestrial television and establishes a new scenario for the reordering of radio spectrum with the objective of achieving the success of the digital dividend release.

In the Technical Plan mentioned, the radio channels in which the seven digital state coverage digital channels, called RGE1, RGE2, MPE1, MPE2, MPE3, MPE4 and MPE5, will be exploited.

In article 2.2 of the aforementioned Royal Decree 805/2014, of September 19, it is stated that the Corporation of Radio and Television Española will continue with the exploitation of the digital multiple of state coverage RGE1 and two thirds of the capacity of the digital multiple of state coverage RGE2, for the provision of the public television audiovisual media service.

However, the aforementioned precept admits that the Minister of Industry, Energy and Tourism, by order, may agree, upon request of the Corporation of Spanish Radio and Television motivated for reasons of interest public, the modification of the initial allocation to that Corporation of the capacity of the digital multiple of state coverage RGE2, reducing it to one third of the total capacity of the digital multiple.

The Corporation of Spanish Radio and Television, by letter dated 16 April 2015, has requested that the initial allocation of the capacity of the digital multiple of state coverage RGE2 that had been carried out in In order to ensure that this allocation is established in half of the capacity of the digital multiple of state coverage RGE2. The Corporation of Radio and Television Española considers that this request gives the reasons of public interest consistent in ensuring an efficient and efficient use of the radio public domain and in the necessary process of consolidation budget and rationalisation of the public expenditure of the corporation.

Article 2.2 of Royal Decree 805/2014 of 19 September 2014 allows, albeit on an extraordinary basis, that, with the aim of encouraging the introduction of technological innovations agreed by the (a) the capacity to be available after the modification of the initial allocation is intended to be used for experimental emissions to encourage the introduction of the European Union; These innovative technologies and services in the field of digital terrestrial television. However, it is considered that these exceptional circumstances are not present at the present time.

In its virtue, once analyzed the application filed dated April 16, 2015 by the Corporation of Spanish Radio and Television, estimating that the reasons of public interest alleged by the Corporation are given, and in use of the powers conferred by Article 2.2 Royal Decree 805/2014 of 19 September 2014 on the National Technical Plan for Digital Terrestrial Television and on certain aspects of the release of the digital dividend, Resolve:

First. Modification of 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.

The initial allocation of the capacity of the digital multiple of state coverage RGE2 has been modified in favor of the Corporation of Radio and Television Española, so that this allocation is established in the middle of the capacity of the digital multiple of state coverage RGE2.

Second. Granting of private use of public radio.

The Secretary of State for Telecommunications and the Information Society will modify the concession for the private use of the public radio domain for the provision of the digital television service. land granted in favor of the Spanish Radio and Television Corporation in the digital multiple of state coverage RGE2, in order to adapt it to what is available in the first paragraph of this order.

Third. Notification and publication.

This order will be notified to the Spanish Radio and Television Corporation and will be published in the "Official State Gazette".

Fourth. Effectiveness.

This order will produce effects from the day following your publication in the "Official State Bulletin".

Fifth. Resources.

Against this order, which exhausts 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 a period of one month from the day following that of its publication in the Official Gazette of the State.

Alternatively, it may be challenged directly before the Office of the Administrative-Administrative of the National Court within two months from the day following its publication in the "Official Gazette of the State", in accordance with Article 46 of Law 29/1998 of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction, without the possibility of simultaneous use of both resources.

Madrid, April 16, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.