This lack of definition in the aforementioned conditions for
the provision of services, which was not exempt from criticism, has come to be
filled, making use of the power provided in art. 8.2 of the LGTel, by the
provisions of RD 424/2005.
The regulatory provision has established that, in addition
to other conditions that may be required to meet for various reasons, all
operators must comply, regardless of the network or service they intend to
exploit or provide, the general conditions that we will indicate below.
These conditions are:
1. Contribute
to the financing of universal service, provided they meet a series of
requirements.
2. Pay the
rates provided for in the LGTel and its implementing regulations.
3. Guarantee
the interoperability of services.
4. Guarantee
end users accessibility of numbers, names or addresses in accordance with the
provisions of the corresponding national plans.
5. Guarantee
the protection of personal data and the privacy of people, in accordance with
the provisions of the LOPD, the LGTel and its implementing regulations.
6. Guarantee
consumers and end users the rights that correspond to them.
7. Provide
the national regulatory authorities with the information and documentation they
need for the fulfillment of their purposes.
8. Execute
the legal interception orders emanating from the competent authority, in
accordance with the applicable legislation.
9. Comply,
when so established in the current regulations, the resolutions of the
authorities adopted for reasons of public interest, public security and
national defense.
10. Ensure
compliance with the technical standards and specifications and the technical
requirements that, in each case, are applicable, including those related to
telecommunications equipment and devices.
11. Comply with
the restrictions regarding the transmission of illegal content established in
the LSSI, and in relation to the transmission of harmful content established in
Law 25/1994, of July 12, which incorporates Directive 89 into the Spanish legal
system. / 552 / CEE, on the coordination of legal, regulatory and
administrative provisions of the Member States relating to the exercise of
television broadcasting activities.
12. Comply with
the rest of the requirements and conditions established in LGTel 9/2014, of May
9, and in its implementing regulations.
In addition to these general conditions applicable to all
operators , the regulation establishes others depending on the type of network
operation carried out or the type of service provided.
In this way we can distinguish:
1. Conditions
applicable to operators that operate public electronic communications networks.
2. Conditions
required of operators that operate public telephone networks.
3. Conditions
required of the operators that provide the telephone service available to the
public.
Such conditions are detailed in arts. 18, 19 and 20 of RD
424/2009.
A series of rights to operators of commercial communications
networks and services are also recognized in the regulatory headquarters, in
addition to others recognized by law.
They will be:
1. Negotiate
and, where appropriate, obtain interconnection or access to the networks and
associated resources of other operators.
2. Obtain
rights to use the numbering, addressing and naming.
3. Obtain
rights of use of the radioelectric public domain.
4. Obtain
occupation rights of the public domain and private property for the
installation of electronic communications networks.
In addition to these conditions imposed by regulation , the
LGTel has provided that those entities that carry out their activity in other
economic sectors, where they are holders of special or exclusive rights, and that
operate public networks or provide electronic communications services available
to the public.
They will also have the obligation to optionally:
1. Keep
separate and audited accounts for your electronic communications activities.
2. Establish
a structural separation for activities associated with the operation of
networks or the provision of electronic communications services
Likewise, when it is a Public Administration that carries
out the exploitation of networks or the provision of electronic communications
services, either directly or through companies in whose capital they mainly
participate, the activity will be carried out with the due separation of
accounts and in accordance with the principles of neutrality, transparency and
non-discrimination. The CNMC being able to impose special conditions that
guarantee the non-distortion of free competition.
