Order Eit/329/2015, On 26 February, Which Lays Down Actions Be Performed Providers Operators Of Mobile Electronic Communications Services On The Digital Dividend Band To Ensure The Implementation In Servi...

Original Language Title: Orden IET/329/2015, de 26 de febrero, por la que se establecen las actuaciones que deben realizar los operadores prestadores de servicios de comunicaciones electrónicas móviles en la banda del dividendo digital para garantizar que la puesta en servi...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2149

The Commission Decision 2010/267/EEC, of 6 May 2010 on harmonised technical conditions relating to the use of the frequency band from 790-862 MHz for terrestrial systems capable of providing services in the European Union electronic communications, establishes in its article 2 paragraph 1, when they designate or make available the 800 MHz band to network other networks broadcast of high power States members will make you, not exclusively, for terrestrial systems capable of providing electronic communications services, in accordance with the parameters laid down in the annex to that Decision. This article, in its paragraph 2, establishes that Member States shall ensure that the systems referred to in paragraph 1 give adequate protection for the systems operating in adjacent bands.

Paragraph 1 of article 6 of the Royal Decree 458/2011, from 1 April, on actions in the field of radio spectrum for the development of the digital society, stated that the frequencies in the 800 MHz band would be allocated through public economic auction.

The auction was organized by the order ITC/1074/2011, April 28, and was resolved by the order ITC/2508/2011, 15 September, resulting successful tenderers, in what refers to the frequencies of 800 MHz, Vodafone Spain, S.A.U. operators band; Telefónica mobile Spain, S.A.U., and France Telecom Spain, S.A.U.

Paragraph 3 of article 6 of the Royal Decree 458/2011, from 1 April, on actions in the field of radio spectrum for the development of the digital society, establishes that the electronic communications services provided in the 800 MHz frequency band shall not cause interference to the broadcasting service television adjacent bottom (470-790 MHz) operating in the frequency band , and that, to that effect, transmitters of the electronic communications services provided in the 800 MHz frequency band must adjust their technical specifications to the conditions laid down in the annex of the Commission Decision of 6 May 2010 on harmonised technical conditions relating to the use of the frequency band from 790-862 MHz for terrestrial systems capable of providing services in the European Union electronic communications as well as the decisions adopted within the European Union. This same paragraph 3 of article 6 provides that where were interference and disturbances in the service of television broadcasting, the concessionaire of the electronic communications service will come obliged to make technical corrections to its complete elimination, assuming, where appropriate, the cost of the modifications in affected reception facilities or the cost of alternative facilities that were accurate to ensure the continuity of the broadcasting service of television.

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

Between December 2012 and may 2013, the Secretary of State for telecommunications and the information society carried out in the city of Zamora and the town of Fuentesauco, tests involving the different actors concerned, in order to analyze the possible effects that would occur between terrestrial digital television broadcasting and mobile in the frequency bands above. The main conclusions that were obtained from tests carried out are the following:-confirms that in certain situations effects can occur at the reception of the terrestrial digital television service and that it is possible to identify the main areas in which the existence of involvement for each type of installation of television reception is more likely.

-On the other hand, the effects that occur at the reception of the signal of the television service manage to solved, in the vast majority of cases, through the installation of a header filter placed at the exit of the receiving antenna, before the amplifier stage. However, there are also other technical alternatives to solve the aforementioned affectations, including other technical performances in television reception facilities, or others related to the configuration of own mobile communications networks and the characteristics of their emissions, as for example the use of filtration stations installations, which could be adopted by operators when they are appropriate and effective.

The above findings confirm, on the one hand, that in certain situations effects can occur at the reception of digital terrestrial television service, and that it is possible to identify the main areas where it is most likely the existence of involvement for each type of television reception installation and, on the other hand, these affectations can be prevented and resolved in a satisfactory manner , in particular through the installation of filters.

The characteristics of these areas of involvement, mainly related to the location of sites with alignment and mobile electronic communications base stations between them and issuing centres of DTT, allow operators of mobile communications networks to take certain measures in the planning and setup of their networks that allow you to minimize the number of potentially affected buildings and areas of involvement. These measures can noted, for example, the choice of optimal sites, or making adjustments in the stations transmitting power base in the sectors susceptible to involvement.

In any case, once by the mobile network operators the locations and the technical characteristics of the stations are determined to deploy, you can discover the area in which greater involvement associated with each site may occur.

The above determines the need for two types of actions to ensure proper reception of digital terrestrial television service:-previous actions before the commissioning of the base stations of the electronic communications services mobile in the band 790-862 MHz or the modification of the technical characteristics of emission, consisting of the necessary communication so that the inhabitants of the buildings with facilities for reception of digital terrestrial television who are within the areas of greater affectation they can know the possibility they have of that, free of charge, operators carry out actions to resolve the potential effects, such as the installation of filters or any other technical solution, system or equipment that meet the potential involvement.

-Corrective actions to resolve the effects that may appear once stations are in service or proceed with the modification of the technical characteristics of emission.

This ministerial order establishes measures that are considered necessary to ensure that the commissioning of the stations of the electronic communications services in the 790-862 MHz band, is performed so as to ensure proper reception of the service of digital terrestrial television, which continues in the adjacent band in accordance with the planning of frequencies provided for in the national technical Plan of the Television Digital terrestrial, approved by Royal Decree 805/2014, on September 19.

This is establishes the obligation of holders concessions for private use of public domain radio operators in the 800 MHz band, to perform, depending on the cases described, previous actions prior to the entry into service of the corresponding stations base of mobile electronic communications services where the areas of involvement include buildings equipped with DVB-t reception facilities , and corrective actions to eliminate the effects that may occur after sunset in the same service.

In addition, sets the obligation of these operators to inform citizens about the procedure to be followed where the reception of the television service be affected by the commissioning of the stations of the electronic communications service mobile in the band 790-862 MHz.

It also establishes the obligation of these operators to start together a care center to the user, in order to meet the requests of the citizens who may be affected in the reception of the television service, as well as the maximum time limits to respond to these requests.
This order also provides that the Secretary of State for telecommunications and the information society will conduct monitoring of the actions carried out by the operators and will verify the proper fulfillment of actions required to resolve the effects. Holders 800 MHz frequency operators, shall appoint a project manager, who will act as a partner to the Secretary of State for telecommunications and the information society.

Finally, this order provides that the Secretary of State for telecommunications and the information society will resolve claims submitted by citizens against the responses and actions that have been taken by operators, as established in article 6.3 of the Royal Decree 458/2011, from 1 April in relation to the resolution of the effects.

In the processing of this provision has been hearing the Advisory Council of telecommunications and the information society, and the project has been informed by the National Commission of markets and competition.

This order is issued in implementation of article 6.3 of the Royal Decree 458/2011, April 1, on actions in the field of radio spectrum for the development of the digital society, and under cover of the empowerment established in the fifth final provision of the same Royal Decree 458 / 2011, from 1 April, which empower the Ministry of industry , Tourism and trade to dictate on the scope of their powers, many provisions and measures necessary for the development and application of the provisions therein.

This order is issued under cover of the exclusive competence of the State in matters of telecommunications, recognized in article 149.1.21. ª of the Constitution.

By virtue, I have: article 1. Object.

This order is to establish actions that must carry out regular concessions of private use of Radioelectric public domain operators in the band of the digital dividend - band 790 to 862 MHz or 800 MHz band - (hereinafter operators) to ensure that the commissioning of the transmitters or base in the Strip stations does not affect the existing conditions of reception by the citizens of television broadcasting service It continues in the adjacent band 470-790 MHz.

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

1. the stations stations or base stations of the electronic communications services provided in the 800 MHz frequency band must adjust their technical specifications the conditions laid down in the annex to the Commission Decision 2010/267/EU, may 6, 2010, on harmonised technical conditions relating to the use of the frequency band from 790-862 MHz for terrestrial systems capable of providing electronic communications services in the European Union, as well as to the decisions that are taken in within the European Union.

2. in specific cases duly justified to prevent damage to citizens and eliminate the Affectations to the television service, the Secretary of State for telecommunications and the information society, within the technical specifications referred to in the preceding paragraph, may modify the technical conditions of issuance of base stations.

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

1. with prior to the commissioning of the base stations of the electronic communications service mobile in the 800 MHz band or the modification of the technical characteristics of emission of base stations that come running, operators must come to assess areas in which greater involvement may occur.

To this, taking into account the parameters laid down in the annex to this order, to the value of power or technical features planned for the station and for each of the sectors of radiation, will be areas in which greater involvement for each type of installation for reception of television service may occur.

Parameters, powers or other technical features, and typologies of installation of reception of the television service set out in the annex to this order may be amended by a decision of the Secretary of State for telecommunications and the information society, after hearing of the operators, to view the results and measurements that are carried out once starts the actual deployment of the stations based on the Strip.

2. the licensees of television media service shall also provide operators the information concerning the location of the issuing centres and transposers which lend its service and its corresponding service area so that you can proceed with the evaluation of the potential areas of involvement above.

The Secretariat of State of telecommunications and the information society will make available operators that so request the information or tools you may have available about location of issuing centres and rebroadcasting of digital terrestrial television and its area of service, in order to facilitate determination of the mentioned areas may occur in which a greater involvement.

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

3 operators, prior to the commissioning of a base station or the modification of an existing one emission specifications will be made unless the actions outlined below in areas that can result in a greater involvement, determined in accordance with the designated in paragraph 1, and to include buildings with facilities for reception of digital terrestrial television.

These operators must be individualized communication actions necessary to ensure that the inhabitants of the buildings with facilities for reception of digital terrestrial television within the most affected areas, can know the possibility they have of that, free of charge, by operators actions carried out to analyze and resolve the potential effects.

Such individualized communication must be advance to the commissioning or modification of the technical characteristics of the station broadcast base, so to ensure that actions check and, where appropriate, the technical performances to avoid potential involvement to complete prior to the commissioning of the station.

4. the citizens who live in buildings located in the most affected areas may be put in contact with the center of attention the user referred to in article 7, to effect request the necessary actions for the analysis and elimination of potential involvement.

Operators must resolve the requests of those citizens. To this end, operators must rating requests received, analyzing among other criteria, the location and characteristics of the buildings as well as the type of reception facilities, proceeding, where appropriate, to the completion of the technical actions necessary to the Elimination of potential involvement. For that purpose, may use technical solutions which wish and to resolve potential involvement, and which, among other things, may consist of the installation of a header filter placed at the exit of the receiving antenna, before the first amplifier stage of the installation of television reception, or the execution of alternative facilities that were precise.

5. the actions referred to in paragraphs 3 and 4 above shall be made in all the buildings located in the defined areas of greater involvement in tables 1, 2 and 3 of the annex, as well as the buildings of less than 25 properties defined in tables 4 and 5 of the annex.

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

1 operators must analyze, performing technical checks which may be appropriate, and, if necessary, resolve, even though they carried out the actions laid down in the preceding article, the effects that are disclosed by the citizens at the Centre of attention of the user referred to in article 7 which meet the following criteria: to) that apply to buildings located within the coverage area of the base station ((, b) that they are result of commissioning or modification of the technical characteristics of a station base c) which have been notified within a period of six months from the start-up service or modification of the technical characteristics of the base station.

2. the effects communicated to the Centre of attention of the user must be analyzed and resolved within the following periods, starting from the receipt of the communication of the involvement in the center of attention to the user, provided that the owner or representative of the community of owners of the building facilitates access to the installation of television reception :
(a) two business days for those damages in buildings located in areas in which may occur a greater involvement mentioned in article 3.1.

(b) five business days for those damages in buildings located outside the areas in which may occur a greater involvement mentioned in article 3.1 and within the coverage area of the base station. Of these effects, at least 90% shall be resolved within a maximum period of three working days.

The Secretary of State for telecommunications and the information society, after hearing from the operators, may modify the deadlines set out in the preceding paragraph the number of interconnecting affectations, its characteristics and its correct resolution by resolution.

Article 5. Technical solutions.

1. to resolve the damage, potential or actual, in the cases referred to in articles 3 and 4 above, operators may use technical solutions which wish and that resolved the involvement, and which, among other things, may consist of the installation of a header filter placed at the exit of the receiving antenna, before the first amplifier stage of the installation of television reception , or the execution of alternative facilities that were precise.

2. filters, systems or equipment installed to eliminate potential involvement or solve real involvement should meet the technical features needed to ensure that digital terrestrial television service is not affected and keep a quality equivalent to the existing prior to putting in operation of the corresponding base stations.

3. the Secretary of State of telecommunications and the information society may adopt resolutions which, after hearing of the operators concerned, and motivated way impede the installation of filters, systems or equipment or installations that do not ensure proper reception of digital terrestrial television service, as well as order the removal or replacement of filters systems or equipment installed or installations which are not ensuring that purpose.

4. the owners or owners of the buildings affected communities may request delivery filter, system or computer operators consider that it is appropriate for the Elimination of the involvement, in order to proceed on their own to the installation of the same operators. With the delivery of this equipment means that operators have fulfilled their obligation, in accordance with stated in articles 3 and 4 above.

5. the filter, system or equipment, once installed or delivered in accordance with the provisions of this order, becomes property of the citizen or respective owners community.

Article 6. Modification of technical and cessation of emissions.

1. If despite previous and corrective actions referred to in the previous articles that run in relation to a base put into operation by an operator station fails remove the affectation in the service of digital terrestrial television, the Secretary of State for telecommunications and the information society you can modify the technical conditions of issuance of the base station , within the technical characteristics specified in article 2.

2 the Secretary of State for telecommunications and the information society may, by resolution, require the cessation of emissions of the base station when you go any of the following: to) when the station base is put into service without having taken before the measures provided for in article 3.

(b) when previous and corrective actions carried out in relation to a base station had failed to eliminate the affectation to the terrestrial digital television service and the number of affected citizens out relevant.

(c) when was the modification of technical emission conditions referred to in the previous paragraph not enough to eliminate the involvement.

(d) when had the resolutions issued by the Secretariat of State of telecommunications and the information society pursuant to this order to ensure proper reception of digital terrestrial television service not fulfilled.

Article 7. Information and assistance to citizens.

1. the operators should carry out the actions of communication and dissemination to ensure that citizens can know, in advance, that the reception of digital terrestrial television service may be affected by emissions that to be in this band, the existence of the center of attention to the user referred to in this article and on the process of resolution of the possible effects.

2. operators shall create together a center of attention to the user, which information will be provided to the citizen on the measures provided for in this order, citizens communications must be sent in response to the actions carried out by operators provided for in article 3, communications from involvement in the reception of digital terrestrial television service carried out by citizens provided for in article 4 , and it will facilitate information and incidents resolution indicated involvement communications will be handled.

3. the center of attention to the user shall be able to cater communications with citizens at least through phone calls and electronic media. Telephone communications and electronic communications between citizens and the center of attention to the user will be free.

Article 8. Monitoring of performances.

1. the Secretariat of State of telecommunications and the information society will perform the monitoring and evaluation of all actions under this order compete to make the operators, and may take appropriate decisions which, pursuant to this order, are intended to guarantee adequate compliance with such action and the fulfilment of the objectives of this order.

2 the effect of enabling this function of monitoring and evaluation, operators must keep and put at the disposal of the Secretary of State for telecommunications and the information society the information relative to the set of actions that have made under this order.

To do this, they must have a system or information systems that allow appropriate follow-up of requests and communications from citizens to the center of attention to the user and the result of the analysis of them; pre-and corrective actions implemented in buildings and what have been the same; filters, equipment, systems installed or carried out installations; as well as deadlines in which all these actions have been made.

Operators are responsible for that system or information systems mentioned figure the information in this section that such information is accurate, as well as its continuous updating.

To the system or information systems mentioned will have direct access the Secretariat of State of telecommunications and the information society.

Article 9. Plan of actions.

1. operators shall draw up and present, jointly to the Secretary of State for telecommunications and the information society in the period of one month from the entry into force of this order, a joint and detailed plan of actions for compliance with the provisions of this order.

In this plan you shall describe, in particular, actions and procedures to carry out the measures earlier and corrective to perform pursuant to articles 3 and 4; the forms through which will carry out the actions of communication referred to in article 7(1), as well as individualized communication actions referred to in article 3(3); deadlines and the notice that will be carried out such actions of communication; the procedure of reception and management of potential or actual impact communications; processing and execution of the previous and corrective measures; filters, equipment and systems which are to be installed; the sizing of the human resources, materials and technicians needed to do so. emergency plans that you can set to tackle exceptional situations; information about the configuration and dimensioning of the customer service center; actions and information to maintain to facilitate monitoring by the Secretariat of State for telecommunications and the information society and, in general, any other information that is relevant and to be put in place to ensure the ultimate objective of ensuring adequate reception by the citizens of the television service.

2. the Secretariat of State of telecommunications and the information society may introduce amendments which are necessary in the plan of actions when necessary to ensure proper compliance with the provisions of this order and to ensure the reception by the citizens of the television service.
3. operators shall appoint a project manager, who will be responsible for the Plan of action, and who shall exercise the functions of dialogue with the Secretary of State for telecommunications and the information society.

Article 10. Costs.

The costs of all proceedings which under this order are to the operators, including those resulting from the modifications and corrective actions that may be required by the Secretary of State for telecommunications and the information society, and zoning will be assumed by such operators.

Article 11. Claims.

The Secretary of State for telecommunications and the information society will resolve claims submitted by citizens against the responses and actions that have been taken by operators with respect to previous and corrective actions required by this order. The presentation, processing and resolution of these claims will be held in accordance with the procedure, including timelines and effects, and through bodies that have assigned the corresponding faculties for the handling and resolution pursuant to the order ITC/1030/2007, of 12 April, which regulates the procedure of resolving claims by disputes between end-users and operators of electronic communications services and attention to the client by the operators.

First final provision. Constitutional title.

This order is issued under cover of the exclusive competence of the State in matters of telecommunications, recognized in article 149.1.21. ª of the Constitution.

Second final provision. Application.

The Secretary of State for telecommunications and the information society will dictate and be executed in the scope of their powers, all necessary measures for the implementation of the provisions of this order.

Third final provision. Entry into force.

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

Madrid, February 26, 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.

Annex figure 1: Definition of the Gaussian exponential curve, focused on the EB (Base Station of mobile network) and distances (d & D) and the angular range (±α) definition of involvement here an image appears in the original. See the PDF document official and authentic.

Emitter Center TDT: transmitter's digital terrestrial television service, through which enabled television audiovisual communication service providers provide their television channels through the exploitation of multiple digital provided for in annex 2 of the national digital terrestrial television technical Plan, approved by the Royal Decree 805/2014, on September 19.

EB: Base station downlink block electronic communications service uplink to 791-801 832 - 842 B 801-811 842-852 C 811-821 852 - 862 table 1: reception facilities of TV with single-channel amplifiers, in geographical areas which uses radio channels 58 or 59, according to planning set out in annex 2 of the technical Plan national digital terrestrial television station transmitting power base (E.i.r.p.) by issuing in the block at ±α (º) D (m) d (m) (maximum α) ≥ 55 dBm 25 50 30 table 2: reception facilities of TV with single-channel amplifiers, in geographical areas which uses radio channel 60, according to the planning set out in annex 2 of the national digital terrestrial television technical Plan of station transmitting power base (E.i.r.p.) emitting in the block at ±α (º) D (m) d (m) (maximum α) ≥ 55 dBm 25 164 65 table 3: reception facilities of TV with programmable PBX station transmitting power base (E.i.r.p.) emitting in block A, B or C ±α (º) D (mm) d (m) (maximum α) 67 dBm 137 333 135 64 dBm 137 270 100 61 137 225 83 58 25 50 30 55 dBm dBm dBm 25 50 30 table 4 : Reception facilities of TV station transmitting power Broadband Amplifiers base (E.i.r.p.) emitting in block A, B or C ±α (º) D (m) d (m) (maximum α) 67 dBm 137 333 135 64 dBm 137 270 100 61 137 225 83 58 137 180 73 55 dBm dBm dBm 137 150 69 table 5: facilities of television reception with mast station transmission power amplifier base (E.i.r.p.) emitting in the bloque A, B o C





±α (º)





D (m)





d (m)

(α máximo)






67 dBm





147





535





135






64 dBm





147





500





132






61 dBm





147





475





130






58 dBm





147





429





125






55 dBm





147





360





120