Commission Decision 2010 /267/EU of 6 May 2010 on the harmonised technical conditions for the use of the 790-862 MHz frequency band for terrestrial systems capable of providing services of electronic communications in the European Union, as provided for in Article 2 (1), which, when designating or making available the 800 MHz band for networks other than high-power broadcasting networks, shall be made by the Member States; non-exclusive means for terrestrial systems capable of providing electronic communications services, in accordance with the parameters set out in the Annex to that Decision. This Article, paragraph 2, provides that Member States shall ensure that the systems referred to in paragraph 1 provide adequate protection for systems operating in adjacent bands.

Article 6 (1) of Royal Decree 458/2011 of 1 April 2011 on radio spectrum actions for the development of the digital society established that the frequencies of the 800 MHz band were would be allocated by public economic auction.

This auction was called by Order ITC/1074/2011 of 28 April 2011, and was settled by Order ITC/2508/2011 of 15 September, resulting in the award of successful tenderers, as regards the frequencies of the 800 MHz band, the Operators Vodafone España, S.A.U.; Telefónica Moviles España, S.A.U., and France Telecom España, S.A.U.

Article 6 (3) of Royal Decree 458/2011 of 1 April 2011 on actions in the field of radio spectrum for the development of the digital society provides that electronic communications services which are In the 800 MHz frequency band, they shall not cause interference to the television broadcasting service operating in the lower adjacent frequency band (470-790MHz), and which, for that purpose, the radio stations of the electronic communications services that are provided in the 800 MHz frequency band shall be adjust their technical characteristics to the conditions set out in the Annex to the Commission Decision of 6 May 2010 on harmonised technical conditions for the use of the 790-862 MHz frequency band for systems The European Union will be able to provide electronic communications services in the European Union as well as the decisions taken within the European Union. Article 6 (3) provides that in the event of interference or disturbance to the television broadcasting service, the dealer of the electronic communications service shall be obliged to carry out the technical corrections necessary for their complete elimination, assuming, where appropriate, the cost of the modifications to be made at the receiving facilities concerned or the cost of the alternative facilities which would be necessary to ensure the continuity of the television broadcasting service.

The facilities for the reception of digital terrestrial television are designed to receive signals through the entire UHF band (470 to 862 MHz), including the 790-862 MHz frequency band. This fact, together with the recommendations of international bodies and the studies, tests and experiences observed in other countries, made it necessary to identify and analyze potential effects that could appear as the provision of electronic communications services, in particular those of LTE (Long Term Evolution), in the band 790-862 MHz, and the digital terrestrial television service which will continue to be provided in the adjacent band 470-790 MHz.

Between December 2012 and May 2013, the Secretariat of State for Telecommunications and the Information Society carried out in the city of Zamora and in the municipality of Fuenteauco, some trials involving the different actors concerned, in order to analyse the potential effects that would occur between digital terrestrial television broadcasts and mobile communications in the frequency bands identified. The main conclusions obtained from the tests carried out are as follows:

-It is confirmed that in certain situations there may be affections in the reception of the digital terrestrial television service and that it is possible to identify the main areas in which the existence of affectation for each type of television reception facility.

-On the other hand, the affectations that can occur in the reception of the television service signal can be solved, in the vast majority of cases, by the installation of a header filter placed at the exit of the receiving antenna, prior to the amplifying stage. However, there are also other technical alternatives to deal with the above effects, including other technical actions at the television reception facilities, or other related to the setting up of the network itself. mobile communications and the characteristics of their emissions, such as the use of filtering systems on radio stations, which could be adopted by operators when they are appropriate and effective.

The above conclusions confirm, on the one hand, that in certain situations there may be an impact on the reception of the digital terrestrial television service, and that it is possible to identify the main areas in The most likely to be the existence of affectation for each type of television reception facility and, on the other hand, that these affectations can be prevented and solved in a satisfactory manner, in particular by the installation of filters.

The characteristics of these areas of affectation, mainly related to the location of the sites of the mobile electronic communications base stations and the alignment between these and the centers TDT issuers allow the operators of mobile communications networks to be able to take certain measures in the planning and configuration of their networks to minimise the areas of affectation and the number of potentially affected buildings. Among these measures can be noted, for example, the choice of optimal sites, or the making of adjustments in the emission power of base stations in sectors susceptible to affectation.

In any case, once the locations and technical characteristics of the stations have been determined by the mobile network operators, the area in which a larger number of stations may be produced may be known. the associated affectation to each site.

The above determines the need for two types of action to ensure the proper reception of the digital terrestrial television service:

-Previous acts prior to the putting into service of the base stations of the mobile electronic communications services in the band 790 to 862 MHz or the modification of the technical characteristics of the emission, In order to ensure that the inhabitants of buildings equipped with digital terrestrial television reception facilities that are within the areas of greatest affectation can be aware of the possibility that they will be able to They have to be free of charge for operators to take action to resolve the potential affectations, such as the installation of filters or any other technical solution, system or equipment that resolves the potential affect.

-Corrective actuations to resolve the affections that may appear once the stations are in service or the modification of the technical characteristics of the emission is appropriate.

This ministerial order sets out the measures deemed necessary to ensure that the putting into service of the electronic communications services stations in the band 790 to 862 MHz, performs in such a way as to ensure the proper reception of the digital terrestrial television service, which continues to be provided in the adjacent band, according to the frequency planning provided for in the National Technical Plan of Television Digital Land, approved by Royal Decree 805/2014 of 19 September.

To this end, the obligation for operators of the concessions for the private use of radio public domain in the 800 MHz band, to be carried out, depending on the cases described above, is established. prior to the entry into service of the corresponding base stations of the mobile electronic communications services when the areas of affectation include buildings equipped with DTT reception facilities, and corrective actions to remove any affections that may occur after the entry into service the same.

The obligation of these operators to inform citizens about the procedure to be followed is also established in case the reception of the television service is affected by the commissioning of the stations. of the mobile electronic communications service in the 790 to 862 MHz band.

It also establishes the obligation of these operators to jointly implement a User Care Center, in order to attend to the requests of the citizens who may be affected at the reception of the television service, as well as the maximum time limits for addressing these requests.

In this order it is also established that the Secretariat of State of Telecommunications and the Information Society will carry out the follow-up of the actions carried out by the operators and will verify the appropriate compliance with the actions required to resolve the affectations. Operators of 800 MHz frequencies shall appoint a Project Manager, who shall act as an interlocutor with the Secretary of State for Telecommunications and for the Information Society.

Finally, in this order it is established that the Secretariat of State of Telecommunications and for the Information Society will resolve the complaints made by citizens against the responses and actions that in relationship with the resolution of the affectations have been carried out by the operators as provided for in Article 6.3 of Royal Decree 458/2011 of 1 April 2011.

In the course of this provision, the Advisory Council for Telecommunications and the Information Society has been heard, and the project has been reported by the National Commission on Markets and Competition.

This order is issued in accordance with Article 6.3 of Royal Decree 458/2011 of 1 April 2011 on radio spectrum actions for the development of the digital society, and under the established enablement in the fifth final provision of the same Royal Decree 458/2011 of 1 April, which empowers the Ministry of Industry, Tourism and Trade to dictate in the field of its powers, how many provisions and measures are necessary for the development and application of the same.

This order is issued under the exclusive competence of the State in the field of telecommunications recognized in Article 149.1.21. of the Constitution.

In its virtue, I have:

Article 1. Object.

The purpose of this order is to establish the actions to be carried out by operators of concessions for the private use of public radio broadcasting in the digital dividend band-band 790 to 862 MHz or the 800 MHz band-(hereinafter the operators) to ensure that the putting into service of the stations or base stations in that band does not affect the existing conditions of reception by the citizens of the broadcasting service television, which is continued to be provided in the adjacent band 470-790 MHz.

Article 2. Technical characteristics of emissions in the 800 MHz frequency band.

1. The stations or base stations of the electronic communications services provided in the 800 MHz frequency band shall adjust their technical characteristics to the conditions set out in the Annex to the Decision of the European Union. Commission 2010 /267/EU of 6 May 2010 on harmonised technical conditions for the use of the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union, as well as the decisions to be taken within the European Union.

2. In specific and duly justified cases in order to avoid harm to the public and to eliminate the affections to the television service, the Secretariat of State of Telecommunications and the Information Society, within the The technical conditions for the emission of base stations may be modified by the techniques referred to in the previous paragraph.

Article 3. Performances prior to the commissioning of the stations.

1. Prior to the placing in service of the base stations of the mobile electronic communications service in the 800 MHz band or the modification of the technical characteristics of the emission of the base stations which came into operation, Operators shall carry out an assessment of the areas in which greater affectation may occur.

For this purpose, taking into account the parameters set out in the annex of this order, for the value of power or other technical characteristics foreseen for the station and for each of the radiation sectors, the areas in which greater involvement may occur for each type of reception facility for the television service.

The parameters, powers or other technical characteristics, and the typologies of the television service reception facility set out in the Annex to this order may be amended by resolution of the Secretary of State of Telecommunications and for the Information Society, after hearing the operators, in the light of the results and the measurements taken after the actual deployment of the base stations has been initiated in that band.

2. The licence holders of the television audiovisual communication service shall provide the operators with the information relating to the location of the issuing and reissuing centres from which they provide their service and their respective area. (a) service to the effect that the assessment of potential affected areas of concern may be carried out.

The Secretariat of State of Telecommunications and the Information Society will make available to operators who request it the information or IT tools available on location of centers issuers and re-issuers of digital terrestrial television and their service area, in order to facilitate the identification of those areas in which greater involvement may occur.

The information referred to in this paragraph may only be used by the operators for the purposes specified in this order.

3. Operators shall, prior to the placing in service of a base station or of the modification of the emission technical characteristics of an existing one, carry out at least the following actions in the areas in which it may occur. greater affectation, as determined in accordance with paragraph 1, and which includes buildings equipped with digital terrestrial television reception facilities.

The above mentioned operators must carry out the individual communication actions necessary to ensure that the inhabitants of the buildings equipped with digital terrestrial television reception facilities find within the areas of greatest affection, they may know the possibility that, free of charge, the operators will carry out the actions to analyze and solve the potential effects.

Such individualized communication must be carried out in due time to the commissioning or modification of the technical characteristics of the base station, in such a way as to ensure that the verification and, where appropriate, technical actions to avoid potential affectation may be completed prior to the commissioning of the station.

4. Citizens who live in buildings located in the areas of greatest affectation may contact the User Service Center referred to in Article 7, in order to request the necessary actions for the analysis and the elimination of potential involvement.

Operators must resolve the requests of such citizens. To this end, operators must assess the requests received, analyzing the location and characteristics of the buildings and the typology of the reception facilities among other criteria, proceeding, where appropriate, to the implementation of the of the technical actions necessary for the elimination of potential affectation. To this end, they will be able to use the technical solutions they deem appropriate and to resolve the potential affectation, and which, among others, may consist of the installation of a header filter placed at the output of the reception antenna, before the the first stage amplifying the television reception facility, or the execution of the alternative installations that were accurate.

5. The actions referred to in paragraphs 3 and 4 above shall be carried out in all buildings located in the areas of greatest affectation defined in Tables 1, 2 and 3 of the Annex, as well as in buildings of less than 25 dwellings. defined in Tables 4 and 5 of the Annex.

Article 4. Corrective actions following the commissioning of the stations.

1. Operators shall analyse, carrying out the technical checks which are deemed appropriate, and, where appropriate, to resolve, even if they have carried out the actions set out in the previous Article, the affections communicated by the operators. citizens to the User Care Center referred to in Article 7 that meet the following criteria:

a) that corresponds to buildings located within the base station coverage zone,

(b) resulting from the putting into service or modification of the technical characteristics of a base station

(c) which have been communicated within six months from the entry into service or modification of the technical characteristics of the base station.

2. The affectations communicated to the User's Service Center shall be analyzed and resolved within the following time limits, from the reception of the communication of the affectation in the Center of Attention to the User, provided that the owner or representative of the community of building owners provides access to the television reception facility:

(a) Two working days for those affectations in buildings located in the areas in which a greater affectation may occur as referred to in Article 3.1.

b) Five working days for those affectations in buildings located outside the areas in which a greater affectation may occur as indicated in article 3.1 and within the coverage zone of the base station. Of these affectations, at least 90% shall be resolved within a maximum of three working days.

The Secretary of State for Telecommunications and the Information Society may, after hearing the operators, amend by resolution the time limits specified in the preceding paragraph according to the number of The effects of the measures notified, their characteristics and their correct resolution.

Article 5. Technical solutions.

1. In order to resolve the effects, potential or actual, in the cases referred to in Articles 3 and 4 above, operators may use the technical solutions which they deem appropriate and which resolve the affectation, and which, inter alia, may consist of the installation of a header filter placed at the exit of the receiving antenna, before the first amplifying stage of the television reception facility, or the execution of the alternative installations which were precise.

2. Filters, systems or equipment to be installed to eliminate potential affectation or to resolve the actual impact must meet the technical characteristics necessary to ensure that the digital terrestrial television service is not affected. and maintain a quality equivalent to the existing quality prior to the operation of the corresponding base stations.

3. The Secretary of State for Telecommunications and the Information Society may adopt resolutions which, in a reasoned and prior hearing of the operators concerned, prevent the installation of filters, systems or equipment or the performance of the equipment. of installations which do not guarantee the proper reception of the digital terrestrial television service, as well as order the removal or replacement of filters, systems or equipment installed or of installations made which are not guaranteeing such purpose.

4. The owners or communities of owners of the buildings concerned may request the operators to deliver the filter, system or equipment which the operators consider appropriate for the removal of the affectation, in order to proceed on its own to the installation of the same. The delivery of such equipment shall mean that operators have fulfilled their obligation, as set out in Articles 3 and 4 above.

5. The filter, system or equipment, once installed or delivered as provided for in this order, becomes the property of the respective citizen or community of owners.

Article 6. Modification of technical characteristics and cessation of emissions.

1. If, in spite of the previous and corrective actions referred to in the previous articles which are carried out in relation to a base station put into operation by an operator, it is not possible to eliminate the affectation to the television service digital terrestrial, the Secretariat of State of Telecommunications and the Information Society may modify the technical conditions of emission of the base station, within the technical characteristics referred to in Article 2.

2. The Secretary of State for Telecommunications and the Information Society may order, by resolution, the cessation of emissions from the base station when any of the following cases are present:

(a) Where the base station has been put into service without prior approval of the measures provided for in Article 3.

b) When the previous and corrective actions implemented in relation to a base station would not have succeeded in eliminating the affectation to the terrestrial digital television service and the number of citizens affected relevant.

(c) Where the modification of the technical emission conditions referred to in the previous paragraph is not sufficient to eliminate the affectation.

(d) Where the resolutions issued by the Secretary of State for Telecommunications and the Information Society have not been complied with in accordance with the provisions of this order to ensure adequate reception of the digital terrestrial television service.

Article 7. Information and attention to citizens.

1. Operators should carry out the necessary communication and dissemination actions to ensure that citizens can be aware, in good time, that the reception of the digital terrestrial television service may be affected by the emissions to be made in that band, the existence of the User Care Centre referred to in this Article and the process of resolving any possible affectations.

2. Operators will have to jointly create a User Service Centre, in which information will be provided to the citizen on the measures provided for in this order, the citizens ' communications will be received in response to the actions carried out by the operators referred to in Article 3, the communication of affectation at the reception of the digital terrestrial television service carried out by the citizens provided for in Article 4, and shall provide information and shall be affected by the resolution of the identified affectation communications.

3. The User Service Center should be able to handle communications with citizens at least through phone calls and electronic means. Telephone communications and electronic communications between citizens and the User Service Center will be free.

Article 8. Follow-up of actions.

1. The Secretariat of State of Telecommunications and the Information Society shall carry out the monitoring and evaluation of all the actions carried out by this order to the operators, and may adopt the appropriate resolutions. that, pursuant to this order, they are intended to ensure that such actions are properly complied with and that the objectives of this order are met.

2. In order to enable this monitoring and evaluation function, operators must retain and make available to the Secretariat of State for Telecommunications and the Information Society all information relating to the whole of the actions that have been performed by this order.

To do this, they must have a system or information systems that allow adequate monitoring of the requests and communications of the citizens to the Center of Attention to the User and the result of the analysis of the same; the previous and corrective actions carried out in the buildings and in which they have consisted; the filters, equipment, systems installed or the installations carried out; as well as the deadlines in which all these actions have been carried out.

The operators are responsible for the information in this section, which is truthful, as well as their continuous update, in the system or information systems mentioned.

The information system (s) mentioned will have direct access to the Secretariat of State of Telecommunications and to the Information Society.

Article 9. Action plan.

1. Operators shall jointly develop and submit to the Secretariat of State of Telecommunications and the Information Society within one month of the entry into force of this order, a detailed and joint plan. of actions for compliance with the provisions of this order.

This plan should describe, in particular, the actions and procedures to implement the previous and corrective measures to be carried out within the meaning of Articles 3 and 4; the ways in which they can be implemented. are to carry out the communication activities referred to in Article 7.1, as well as the individual communication actions referred to in Article 3.3; the time-limits and the time-ahead with which such actions are to be carried out communication; the procedure for the reception and management of communications of potential effects -the processing and execution of the previous and corrective measures; the filters, equipment and systems to be installed; the dimensioning of the human, material and technical means necessary for this; define to address exceptional situations; information on the configuration and dimensioning of the User Care Center; actions and information to be maintained to facilitate the follow-up by the Secretariat of State Telecommunications and the Information Society and, in general, any other information that may be relevant and to be implemented to ensure the ultimate objective of ensuring the proper reception by the citizens of the television service.

2. The Secretariat of State for Telecommunications and the Information Society may make the necessary amendments to the said action plan where it is necessary to ensure the proper implementation of the provisions of this Regulation. the present order and to ensure the reception by the citizens of the television service.

3. The operators shall appoint a Project Manager, who shall be responsible for the Action Plan, and shall exercise the functions of dialogue with the Secretariat of State of Telecommunications and the Information Society.

Article 10. Costs.

The costs of all actions under this order by operators, including those arising from changes and corrective actions which may be agreed and required by the Secretariat of State of Telecommunications and for the Information Society, they will be assumed by these operators.

Article 11. Complaints.

The Secretary of State for Telecommunications and the Information Society will resolve the complaints made by citizens against the responses and actions that have been carried out by the operators in respect of the the previous and corrective actions required by this order. The filing, processing and resolution of these claims shall be carried out in accordance with the procedure, including time and effect, and through the bodies assigned the relevant powers for the processing and resolution under of the provisions set out in Order ITC/1030 of 12 April 2007 regulating the procedure for the settlement of disputes claims between end-users and operators of electronic communications services and the provision of services to the public client by operators.

Final disposition first. Constitutional title.

This order is issued under the exclusive competence of the State in the field of telecommunications recognized in Article 149.1.21. of the Constitution.

Final disposition second. Application.

The Secretary of State for Telecommunications and for the Information Society will dictate and execute, in the field of its competences, how many measures are necessary for the implementation of what is established in this order.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, February 26, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX

Figure 1: Definition of the Gaussian exponential curve, centered on the EB (Base Station of the mobile network) and definition of the distances (d and D) and the angular margin (± α) of affectation

An image appears in the original. See the official and authentic PDF document.

DTT issuer centre: The radio station of the terrestrial digital television service, through which the enabled providers of the television audiovisual communication service provide their television channels by means of the exploitation of the multiple digital ones as set out in Annex 2 to the national technical plan for digital terrestrial television, approved by Royal Decree 805/2014 of 19 September 2014.

EB: Electronic communications service base station

Block	Downlink	Link
A	791-801	832-842
B	801-811	842-852
C	811-821	852-862

Table 1: Television reception facilities with mono-channel amplifiers, in geographical areas where radio channels 58 or 59 are used, according to the planning provided for in Annex 2 of the Plan national digital terrestrial television technician

station emission power (P. i.r.e.) by issuing in block A	± α (º)	D (m)	d (m) (maximum α)
≥ 55 dBm	25	50	30

Table 2: Television reception facilities with mono-channel amplifiers, in geographical areas where radio channel 60 is used, in accordance with the planning provided for in Annex 2 of the Technical Plan National terrestrial digital television

station emission power (P. i.r.e.) by issuing in block A	± α (º)	D (m)	d (m) (maximum α)
≥ 55 dBm	25	164	65

Table 3: Television reception facilities with programmable switchboards

station emission power (P. i.r.e.) by issuing in block A, B or C	± α (º)	D (m)	d (m) (maximum α)
67 dBm	137	333	135
64 dBm	137	270	100
61 dBm	137	225	83
58 dBm	25	50	30
55 dBm	25	50	30

Table 4: Television reception facilities with broadband amplifiers

station emission power (P. i.r.e.) by issuing in block A, B or C	± α (º)	D (m)	d (m) (maximum α)
67 dBm	137	333	135
64 dBm	137	270	100
61 dBm	137	225	83
58 dBm	137	180	73
55 dBm	137	150	69

Table 5: Television reception facilities with mast amplifiers

station emission power (P. i.r.e.) by issuing in block A, B or C	± α (º)	D (m)	d (m) (maximum α)
67 dBm	147	535	135
64 dBm	147	500	132
661 dBm	147	475	130
58 dBm	147	429	125
55 dBm	147	360	120