Order Eit/677/2015, Of 16 April, Amending The Initial Allocation Of The Capacity Of The Multiple Digital State Coverage Rge2 Carried Out In Favour Of The Corporación De Radio Y Televisión Española.

Original Language Title: Orden IET/677/2015, de 16 de abril, por la que se modifica la asignación inicial de la capacidad del múltiple digital de cobertura estatal RGE2 realizada en favor de la Corporación de Radio y Televisión Española.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4237

He Real Decree 805 / 2014, of 19 of September, approves a new Plan technical national of the television digital terrestrial and establishes a new stage for the reordering of the spectrum radio with the objective of reach with success the release of the dividend digital.

The mentioned technical Plan includes radio channels that will explode the seven digital state coverage, multiple named RGE1, RGE2, MPE1, deployment2, MPE3, MPE4, and MPE5.

Article 2(2) of the quoted Royal Decree 805/2014, on September 19, States that the Corporación de Radio y Televisión Española will continue with the exploitation of multiple digital coverage State RGE1 and two-thirds of the capacity of the multiple digital RGE2 state coverage, for the provision of the public service of television media.

However it previous, the mentioned precept admits that the Minister of industry, energy and tourism, through order, may agree, prior application of the Corporation of Radio and Television Spanish motivated in reasons of interest public, the modification of the allocation initial to such Corporation of it capacity of the multiple digital of coverage State RGE2, reducing it until a third of it capacity total of the multiple digital.

The Corporación de Radio y Televisión Española, by letter dated April 16, 2015, has requested that the initial allocation of the capacity of the multiple digital state coverage RGE2 who had been be changed in their favor, so that such assignment is set to half of the capacity of the multiple state coverage RGE2 digital. The Corporation of Radio and Television Spanish considered that in such application is give them reasons of interest public consistent in ensure a use effective and efficient of the domain public radio and in the necessary process of consolidation budget and rationalization of the expenditure public of such Corporation.

The mentioned article 2(2) of Royal Decree 805/2014, on September 19, enables, but with extraordinary, with the aim of promoting the implementation of the technological innovations agreed by the international organizations or within the European Union, can be determined that the capacity that was available after the modification of the initial allocation is intended for experimental broadcasts to promote the implementation of the aforementioned technologies and innovative services in the field of the television digital terrestrial. However, it is considered that these exceptional circumstances do not concur at the present time.

In his virtue, a time analyzed it request presented with date 16 of April of 2015 by the Corporation of Radio and Television Spanish, estimating that is dan them reasons of interest public alleged by such corporation, and in use of them powers attributed by the article 2.2 Real Decree 805 / 2014, of 19 of September, by which is approves the Plan technical national of the Television Digital terrestrial and is regulate certain aspects for the release of the dividend Digital resolve: first. Modification of the initial allocation of the capacity of the multiple digital state coverage RGE2 carried out in favour of the Corporación de Radio y Televisión Española.

The initial allocation of the capacity of the multiple digital coverage State made RGE2 in favour of the Corporación de Radio y Televisión Española, is modified so that such assignment is set to half of the capacity of the multiple state coverage RGE2 digital.

Second. Concession of use proprietary of the domain public radio.

The Secretary of State for telecommunications and the information society amended ex officio the concession for the private use of the Radioelectric public domain for the delivery of digital television service land granted in favour of the Corporación de Radio y Televisión Española in the multiple state coverage RGE2 digital, to adapt to what is available in the section first of this order.

Third party. Notification and publication.

This order is notified to the Corporation of Radio and Television Spanish and is published in the «Bulletin official of the State».

Room. Efficiency.

This order will produce effects from the day following its publication in the "Official Gazette".

Fifth. Resources.

Against the present order, that depletes it via administrative, is may filed, in accordance with the article 116 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common, resource optional of replacement before the same organ that it has dictated in the term of a month from the day following to the of its publication in the «newsletter official of the State».

Alternatively it may be challenged directly before the Chamber of administrative litigation of the Audiencia Nacional in the period of two months counted 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.

Madrid, 16 of April of 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.