Public Consultation under the provisions of article 133.1 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations and article 26.2 of Law 50/1997, of 27 November

5G technology is not only the new paradigm of mobile communications, but it will be the essential technological component in the digital transformation with a transversal effect on society and the economy in the most advanced countries during the next decade.

With regard to the strategic context of 5G in Spain, a first turning point was the approval of the “National 5G Plan (2018-20)”, which marked as its ultimate goal, to place our country among the most advanced countries in the development of this new technology so that, when 5G technology reaches its technological and commercial maturity, Spain is prepared to take full advantage of the opportunities of this technological paradigm.

On the other hand, in July 2020, the strategy “Digital Spain 2025” was presented, which includes a set of 50 measures, reforms and investments, articulated in ten strategic axes, aligned to the digital policies of the European Union for the new period. One of the strategic axes is the promotion of 5G technology. For the deployment of this strategic axis, on December 1, 2020, the “5G Technology Drive Strategy” has been published. One of the goals in driving 5G technology is the availability of “A Radio Spectrum Enabled for 5G Services”. Specifically, among its lines of action, it is providing the market with frequency bands dedicated to 5G technology, including the 700 MHz band (694 to 790 MHz).

The 700 MHz band has been identified as one of the priority bands for the introduction of 5G based services in Europe, taking into account that in the European Union the use of this frequency band for mobile communication services is already harmonized. This has been pointed out by the European Union Radio Spectrum Policy Group (RSPG) which approved, in November 2016, the Opinion in which it identifies the frequency bands to be used initially for the launch of 5G in Europe.

Once the 700 MHz band is freed from its previous use for digital terrestrial television service, thus achieving the so-called second digital dividend, it is tendered in order to make these frequencies available to the market of electronic communications services, thus complying with one of the provisions contemplated in the “5G Technology Impulse Strategy”, which expressly mentions this tender and the granting of the corresponding demanial concessions.

This action was carried out by Order ETD/534/2021, of May 26, approving the specifications of particular administrative clauses and technical prescriptions for the granting by auction of concessions of private use of radio public domain in the 700 MHz band and the corresponding auction is called.

In clause 32 of the regulatory document of the aforementioned auction, the avoidance of interference with the television service is regulated. Thus, this clause establishes:

“Electronic communications services provided in the 700 MHz frequency band shall not interfere with the television broadcasting service, which operates in the lower adjacent frequency band (470-694 MHz).

To this end, stations providing electronic communications services in the 700 MHz frequency band shall adjust their technical characteristics to the conditions laid down in Commission Implementing Decision (EU) 2016/687 of 28 April 2016 on the harmonisation of the 694-790 MHz frequency band for terrestrial systems capable of providing broadband wireless electronic communications services and for flexible national use in the Union.

In the event of interference or disturbance to the television broadcasting service, the concessionaire of the electronic communications service shall be obliged to make the technical corrections necessary for its complete elimination, assuming, where appropriate, the cost of the modifications to be made to the affected receiving facilities or the cost of alternative facilities required to ensure the continuity of the television broadcasting service.

The Secretary of State for Telecommunications and Digital Infrastructures shall resolve any claims that may be made to comply with the provisions of the preceding paragraph.”

Therefore, the Secretary of State for Telecommunications and Digital Infrastructures is analysing the possibility of promoting a Ministerial Order establishing the actions to be carried out by operators providing mobile electronic communications services in the 700 MHz band to ensure that the commissioning of broadcasting stations in that band does not affect the existing conditions of reception of the television service, so that, under the provisions of article 133.1 of Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations and in article 26.2 of Law 50/1997, of 27 November, the most potentially affected public organizations are:

1. The problems that are intended to be solved with the initiative.
2. The need and opportunity for its approval.
3. The objectives of the standard.
4. The possible alternative regulatory and non-regulatory solutions.