Article 133.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of the Public Administrations and article 26.2 of Law 50/1997, of 27 November, of the Government establish that prior to the elaboration of the draft or preliminary draft law or regulation, a public consultation will be held, through the web portal of the competent Administration in which the opinion of the subjects and the most representative organizations potentially affected by the future rule will be sought.
In application of both legal precepts, the present prior public consultation is initiated, in order to elaborate a Draft Rule relating to the National Frequency Allocation Board so that any subject, person or interested party can give their opinions or submit the comments and documents that they deem appropriate.
Regulatory initiative consisting of a modification of the National Frequency Allocation Table, due to:
Article 62.8 of Law 9/2014, of May 9, 2014, General of Telecommunications, establishes that in the National Frequency Allocation Table or in the regulatory documents of the bidding procedures for the granting of qualifying titles, precautions may be established to avoid speculative behavior or hoarding of rights of use of the public radio domain, in particular by setting limits on the amount of frequencies to be used by the same operator or business group or setting strict deadlines for the exploitation of rights of use by its owner.
On the other hand, in recent years, certain decisions on radio spectrum planning and management have been approved at both international and European level that must have their reflection and translation in the internal order through the CNAF.
Therefore, it is appropriate to address this regulatory initiative.