The objective of the new general telecommunications law is, in the short term, to support the economic recovery after the pandemic, to promote a structural process in the medium term and to achieve a more sustainable development in the long term, from an economic-financial point of view.
Structure of the standard
General provisions (Title I)
It sets out the subject matter of the law, which comprehensively addresses the "telecommunications" regime.
The law expressly excludes from its regulation content broadcast via audiovisual media services.
General regime for network provision and service provision (Title II)
It establishes, among other points, that authorisation to install and operate networks or provide services under free competition is granted generally and immediately by law, with the sole requirement of notification to the Register of Operators, which depends on the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia).
Public service obligations and public rights and obligations for the installation and operation of networks (Title III)
It obliges public administrations to ensure that urban planning foresees the necessary provision of telecommunications infrastructure and guarantees, in accordance with the BBCost Directive, the right of access of operators to public administration infrastructure and to linear infrastructure such as electricity, gas, water, sanitation or transport, establishing, in general, a system of responsible declaration in relation to deployments, reducing response times and administrative burdens related to them.
This Title III also includes the universal service obligations and those related to network integrity and security, as well as the rights of telecommunications users and the guarantees of access to emergency communications and to the European emergency number 112.
Telecommunications equipment (Title IV).
The essential requirements to be met by this equipment, the assessment of its conformity with these requirements and market surveillance are regulated, and the conditions to be met by installations and installers are also established.
Administration of the Public Radio Domain (Title V)
It introduces the objective of spectrum use to achieve coverage of the national territory and population and of national and European corridors, as well as predictability to encourage long-term investments.
Telecommunications administration (Title VI)
It determines the competences attributed to the National Commission for Markets and Competition as the independent National Regulatory Authority and those attributed to the Ministry of Economic Affairs and Digital Transformation as the Competent Authority.
Telecommunications charges (Title VII)
It maintains the previous regulation with some improvements derived from the experience gained in its application.
Inspection and penalties (Title VIII)
It maintains and reinforces the powers of inspection, includes the classification of infringements and the classification and amount of penalties, provides criteria for determining the amount of the penalty, and facilitates the adoption of precautionary measures that may be agreed even before the initiation of the sanctioning proceedings.
Additional provisions
They concern inter alia the interoperability of receivers for car radio audiovisual communication services, receivers for consumer radio services and consumer equipment used for digital television, the security of fifth generation electronic communications networks and services or the coordination of public support for broadband and the development of the digital economy and employment and new digital services.
Transposition of European Union law
The following Directives are transposed into Spanish law:
a) Directive 2018/1972 of 11 December 2018 of the European Parliament and of the Council establishing the European Electronic Communications Code.
b) Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deployment of high-speed electronic communications networks.
c) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the placing on the market of radio equipment and repealing Directive 1999/5/EC.
d) Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility.
e) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
Validity of the standard
This regulation entered into force on 30 June 2022. The right of end-users not to receive unwanted calls for commercial communication purposes referred to in art. 66.1.b) shall enter into force one year after the publication of this law in the "Boletín Oficial del Estado" (Official State Gazette).
Source: elderecho.com
