Public Consultation under the provisions of the D.T. second and D.A. 10th of the General Law on Telecommunications, on extension of the duration of concessions of private use of the public radio domain with limitation of number

The second transitional provision of Law 11/2022, of June 28, General of Telecommunications (hereinafter LGTel), regarding the adaptation of titles enabling the use of the public radio domain, establishes in its second section the following:

“2. Certificates enabling the private use of the public radio domain with a number limitation granted by means of tendering procedures and the grant of which remains with a number limitation may be extended for a total period of 40 years, including extensions and modifications, although the extension of time may not in any case exceed 10 years in addition to the current duration of the enabling title, including extensions and modifications. Likewise, these enabling titles may be subject to renewal in the terms indicated in article 94.7.

This adaptation in terms of duration and in the possible renewal of the aforementioned qualifying titles will be approved by order of the holder of the Ministry of Economic Affairs and Digital Transformation, which will take into account the particular circumstances of each frequency band and each qualifying title, including their modifications, at the request of the holder of the qualifying title, which must be submitted within two months from the entry into force of this law.

In the processing of the ministerial order, a hearing with the applicant holder will be evacuated and all interested parties will be given the opportunity to express their point of view through a public consultation procedure in accordance with the provisions of the tenth additional provision. Likewise, the previous report of the National Commission of Markets and Competition and report of the State Attorney will be requested.”.​​

The companies Telefónica Móvil España, S.A.U. ; Vodafone España, S.A.U. ; Orange Espagne, S.A.U. and Xfera Móvil, S.A., as holders of titles enabling the private use of the public radio domain with number limitation, have requested, within two months from the entry into force of the LGTel, the extension of the term of duration of said titles enabling.

By means of this public consultation, and in accordance with the provisions of the second and tenth additional transitional provisions of the LGTel, all interested parties have the opportunity to express their point of view, so that they can make the allegations and submit the documents they deem appropriate up to and including 12 June 2023 on the following documents:

1. Draft Order that, in accordance with the second section of the second transitory provision of Law 11/2022, of June 28, general telecommunications, the duration of concessions of private use of the public radio domain is extended with limitation of number owned by Telefónica Móvil España S.A.U.
2. Draft Order extending, in accordance with the second paragraph of the second transitional provision of Law 11/2022, of June 28, general telecommunications, the duration of concessions of private use of the public radio domain with limitation of number owned by Vodafone España S.A.U.
3. Draft Order extending the duration of concessions for the private use of the public radio domain with limitation of number owned by Orange Espagne S.A.U., in accordance with the second paragraph of the second transitional provision of Law 11/2022, of 28 June, general telecommunications.
4. Draft Order that, in accordance with the second section of the second transitory provision of Law 11/2022, of June 28, general telecommunications, the duration of concessions of private use of the public radio domain with limitation of number owned by Xfera Móvil, S.A.

Only the responses in which the sender is identified and their contribution will be considered to be on the need, timeliness, or content of the text of the normative project on which to view the present public consultation procedure. In general, the responses and contributions received are considered to be open to public dissemination. The parts of the information submitted that, in the opinion of the interested party, should be treated confidentially and therefore should not be freely disseminated, should be specifically indicated in the text of the contribution or comment itself, not considering for this purpose the generic messages of confidentiality of the information.