Đấu giá

Cấp phép thông qua phương thức đấu giá/đấu thầu (bidding procedure). Đấu giá/đấu thầu (bidding procedure) được Bộ Công nghiệp, năng lượng và Du lịch triển khai trong trường hợp cần giới hạn số giấy phép của băng tần nhằm đảm bảo việc sử dụng hiệu quả phổ tần và tối đa hóa lợi ích của người được cấp phép. Article 43. Management of the public radio domain. 1. The radio spectrum is a public domain asset, whose ownership, management, planning, administration and control correspond to the State. Said management will be exercised in accordance with the provisions of this title and in the international treaties and agreements to which Spain is a party, in accordance with the regulations applicable in the European Union and the resolutions and recommendations of the International Telecommunications Union and other organizations. international. 2. The administration, management, planning and control of the radioelectric spectrum include, among other functions, the preparation and approval of the general plans for use, the establishment of the conditions for the granting of the right to its use, the attribution of that right and technical verification of radioelectric emissions. Likewise, the inspection, detection, location, identification and elimination of harmful interference, irregularities and disturbances in telecommunications systems are integrated within the administration, management, planning and control of the aforementioned spectrum, initiating, where appropriate, the appropriate procedure sanctioning 3. The use of the public radio domain through satellite networks is included within the management, administration and control of the frequency spectrum. Likewise, the use of the public radioelectric domain necessary for the use of orbit-spectrum resources in the sphere of Spanish sovereignty and through communications satellites is reserved to the State. Its exploitation will be subject to international law and will be carried out, in the manner determined by regulation, through direct management by the State or through concession. In any case, management may also be carried out through agreements with international organizations. 4. The management of the radioelectric public domain aims to establish a legal framework that ensures harmonized conditions for its use and that allows its availability and efficient use. For such purposes: a) When necessary to guarantee efficient use of the radio spectrum, avoid harmful interference, guarantee the technical quality of the service or achieve other objectives of general interest, established in accordance with community regulations, the Ministry of Industry, Energy and Tourism may grant private use rights of the public radio domain. These rights will be granted for terms that will be established by regulation, renewable depending on the availability and forecasts of the planning of said public domain. The rights of private use without limitation of number will be granted for a period that will end on December 31 of the calendar year in which they reach their fifth year of validity, extendable for periods of five years. For its part, the rights of private use with limited number will have an adequate duration for the service in question in relation to the objective pursued, duly taking into account the necessary amortization of the investments. In any case, the duration foreseen in the corresponding bidding procedures will not exceed a term of twenty renewable years. b) In concessions, the applicant must prove their status as operator and, under the terms established by regulation, the effective use of the reserved public domain once the right of use has been granted. 5. The administration of the public radio domain will be carried out taking into account its important social, cultural and economic value and the necessary cooperation with other Member States of the European Union and with the Commission in the strategic planning, coordination and harmonization of the use of the radio spectrum in the European Union. Within the framework of this cooperation, the coordination of political approaches in the field of radio spectrum in the European Union will be promoted and, where appropriate, the harmonization of the conditions necessary for the creation and functioning of the internal market for electronic communications. To this end, economic, security, health, public interest, freedom of expression, cultural, scientific, 6. In the radio frequency bands declared available for electronic communications services in the National Table of Frequency Allocation, in accordance with European Union Law, all types of technology used for electronic communications services may be used. However, proportionate and non-discriminatory restrictions may be envisaged on the types of wireless access technology or radio network used for electronic communications services when necessary to: a) Avoid harmful interference. b) Protect public health against electromagnetic fields. c) Ensure the technical quality of the service. d) Guarantee maximum shared use of radio frequencies. e) Guarantee an efficient use of the spectrum. f) Guarantee the achievement of an objective of general interest. 7. In the radio frequency bands declared available for electronic communications services in the National Table of Frequency Allocation, in accordance with European Union Law, all types of electronic communications services may be provided. Proportionate and non-discriminatory restrictions on the types of electronic communications services provided may, however, be provided, including, where appropriate, compliance with a requirement of the ITU Radio Regulations. Measures that require an electronic communications service to be provided in a specific band available for electronic communications services must be justified in order to guarantee the achievement of objectives of general interest defined in accordance with European Union law, such as: a) Life safety. b) The promotion of social, regional or territorial cohesion. c) The avoidance of inefficient use of radio frequencies. d) The promotion of cultural and linguistic diversity and media pluralism, through, for example, the provision of radio and television broadcasting services. The specific allocation of a frequency band will only be imposed for the provision of a certain electronic communications service when it is justified by the need to protect services related to the safety of life or, exceptionally, when it is necessary to achieve objectives of general interest. defined in accordance with European Union law. 8. Restrictions on the use of frequency bands that, where appropriate, are established in accordance with paragraphs 6 and 7 above may only be adopted after giving the interested parties the opportunity to comment on the proposed measure within a period reasonable. 9. Periodically, the Secretary of State for Telecommunications and for the Information Society will review the appropriateness of maintaining the restrictions on the use of frequency bands that, where appropriate, are established in accordance with sections 6 or 7 above, will The results of these reviews will be made public and the corresponding proposals will be submitted to the competent body for approval.

Thi tuyển

Cấp phép thông qua phương thức đấu giá/đấu thầu (bidding procedure). Đấu giá/đấu thầu (bidding procedure) được Bộ Công nghiệp, năng lượng và Du lịch triển khai trong trường hợp cần giới hạn số giấy phép của băng tần nhằm đảm bảo việc sử dụng hiệu quả phổ tần và tối đa hóa lợi ích của người được cấp phép. Article 43. Management of the public radio domain. 1. The radio spectrum is a public domain asset, whose ownership, management, planning, administration and control correspond to the State. Said management will be exercised in accordance with the provisions of this title and in the international treaties and agreements to which Spain is a party, in accordance with the regulations applicable in the European Union and the resolutions and recommendations of the International Telecommunications Union and other organizations. international. 2. The administration, management, planning and control of the radioelectric spectrum include, among other functions, the preparation and approval of the general plans for use, the establishment of the conditions for the granting of the right to its use, the attribution of that right and technical verification of radioelectric emissions. Likewise, the inspection, detection, location, identification and elimination of harmful interference, irregularities and disturbances in telecommunications systems are integrated within the administration, management, planning and control of the aforementioned spectrum, initiating, where appropriate, the appropriate procedure sanctioning 3. The use of the public radio domain through satellite networks is included within the management, administration and control of the frequency spectrum. Likewise, the use of the public radioelectric domain necessary for the use of orbit-spectrum resources in the sphere of Spanish sovereignty and through communications satellites is reserved to the State. Its exploitation will be subject to international law and will be carried out, in the manner determined by regulation, through direct management by the State or through concession. In any case, management may also be carried out through agreements with international organizations. 4. The management of the radioelectric public domain aims to establish a legal framework that ensures harmonized conditions for its use and that allows its availability and efficient use. For such purposes: a) When necessary to guarantee efficient use of the radio spectrum, avoid harmful interference, guarantee the technical quality of the service or achieve other objectives of general interest, established in accordance with community regulations, the Ministry of Industry, Energy and Tourism may grant private use rights of the public radio domain. These rights will be granted for terms that will be established by regulation, renewable depending on the availability and forecasts of the planning of said public domain. The rights of private use without limitation of number will be granted for a period that will end on December 31 of the calendar year in which they reach their fifth year of validity, extendable for periods of five years. For its part, the rights of private use with limited number will have an adequate duration for the service in question in relation to the objective pursued, duly taking into account the necessary amortization of the investments. In any case, the duration foreseen in the corresponding bidding procedures will not exceed a term of twenty renewable years. b) In concessions, the applicant must prove their status as operator and, under the terms established by regulation, the effective use of the reserved public domain once the right of use has been granted. 5. The administration of the public radio domain will be carried out taking into account its important social, cultural and economic value and the necessary cooperation with other Member States of the European Union and with the Commission in the strategic planning, coordination and harmonization of the use of the radio spectrum in the European Union. Within the framework of this cooperation, the coordination of political approaches in the field of radio spectrum in the European Union will be promoted and, where appropriate, the harmonization of the conditions necessary for the creation and functioning of the internal market for electronic communications. To this end, economic, security, health, public interest, freedom of expression, cultural, scientific, 6. In the radio frequency bands declared available for electronic communications services in the National Table of Frequency Allocation, in accordance with European Union Law, all types of technology used for electronic communications services may be used. However, proportionate and non-discriminatory restrictions may be envisaged on the types of wireless access technology or radio network used for electronic communications services when necessary to: a) Avoid harmful interference. b) Protect public health against electromagnetic fields. c) Ensure the technical quality of the service. d) Guarantee maximum shared use of radio frequencies. e) Guarantee an efficient use of the spectrum. f) Guarantee the achievement of an objective of general interest. 7. In the radio frequency bands declared available for electronic communications services in the National Table of Frequency Allocation, in accordance with European Union Law, all types of electronic communications services may be provided. Proportionate and non-discriminatory restrictions on the types of electronic communications services provided may, however, be provided, including, where appropriate, compliance with a requirement of the ITU Radio Regulations. Measures that require an electronic communications service to be provided in a specific band available for electronic communications services must be justified in order to guarantee the achievement of objectives of general interest defined in accordance with European Union law, such as: a) Life safety. b) The promotion of social, regional or territorial cohesion. c) The avoidance of inefficient use of radio frequencies. d) The promotion of cultural and linguistic diversity and media pluralism, through, for example, the provision of radio and television broadcasting services. The specific allocation of a frequency band will only be imposed for the provision of a certain electronic communications service when it is justified by the need to protect services related to the safety of life or, exceptionally, when it is necessary to achieve objectives of general interest. defined in accordance with European Union law. 8. Restrictions on the use of frequency bands that, where appropriate, are established in accordance with paragraphs 6 and 7 above may only be adopted after giving the interested parties the opportunity to comment on the proposed measure within a period reasonable. 9. Periodically, the Secretary of State for Telecommunications and for the Information Society will review the appropriateness of maintaining the restrictions on the use of frequency bands that, where appropriate, are established in accordance with sections 6 or 7 above, will The results of these reviews will be made public and the corresponding proposals will be submitted to the competent body for approval.

Cấp lại

Giới hạn CAP

Hướng dẫn Điều 47 Luật Kinh tế bền vững (Luật số 02/2011 ngày 4/3/2011), nhằm đảm bảo không làm phát sinh các tình huống có thể bóp méo cạnh tranh trên thị trường và duy trì trong mọi trường hợp cân bằng kinh tế - tài chính Chính phủ ban hành Nghị định Hoàng Gia số 458/2011 ngày 1/4/2011 quy định: Điều 8. Giới hạn lượng phổ tần được cấp cho cùng một nhà mạng - Tối đa 20 MHz ghép đôi (FDD) mà cùng một nhà mạng có thể được cấp trong các băng tần 800 MHz và 900 MHz. - Tối đa, trong bất kỳ khu vực lãnh thổ nào, 115 MHz mà cùng một nhà mạng có thể được cấp trong các băng tần 1.800 MHz, 2.100 MHz và 2,6 GHz. Định nghĩa: Băng tần 800 MHz: 790-862 MHz. Băng tần 900 MHz: 880-915 MHz và 925-960 MHz. Băng tần 1.800 MHz: 1.710-1.785 MHz và 1.805-1.880 MHz. Băng tần 2.100 MHz: 1.900-2.025 MHz và 2.110-2.200 MHz. Băng tần 2,6 GHz: 2.500-2.690 MHz. Law 32/2003, of November 3, General Telecommunications Article 44. Powers of the Government for the management of the public radio domain. 2. When necessary to guarantee the effective use of the radio spectrum, taking due account of the need to achieve maximum benefits for users and facilitate the development of competition, the Ministry of Industry, Energy and Tourism may, after hearing the interested parties, including consumer and user associations, limit the number of public concessions to be granted on said domain for the exploitation of public networks and the provision of electronic communications services or extend the duration of existing rights under conditions other than those specified in such rights. Any decision to limit the granting of rights of use or the renewal of rights of use must be published, stating the reasons for it. Royal Decree 458/2011, of April 1, on actions regarding the radio spectrum for the development of the digital society. Article 8. Limits on the availability of frequencies by the same operator. 1. In order to guarantee greater competition in the market for mobile communications services and to contribute to neutralizing the potential distorting effects of competition derived from the introduction of the principle of technological neutrality in the 900 MHz and 1,800 MHz bands, The following limits are initially set: a) Maximum of 20 paired MHz (FDD) that the same operator can have in the set of the 800 MHz and 900 MHz frequency bands. This limit will be applicable as of February 4, 2015, once the blocks of frequencies auctioned in accordance with this royal decree are in effective use. b) Maximum, in any territorial area, of 115 MHz that the same operator may have in the set of the 1,800 MHz, 2,100 MHz and 2.6 GHz frequency bands.

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