Enabling Title
El Title III of Law 7/2010, of 31 March, General of Audiovisual Communication, establishes the basic legal regime for the provision of audiovisual communication services, establishing that those who use the public radio domain through terrestrial Hertzian waves need a prior license, granted through a public competition held under the conditions established by the Law.
Licences for the provision of radio or television audiovisual media services, through terrestrial Hertzian waves, by private entities are granted, depending on their coverage, by the Government or by the autonomous communities with competence in the field of social media, except in the case of medium wave broadcasters whose grant corresponds, in any case, to the Government. These licences must be granted on the basis of the planning carried out by the State, as specified in the national technical plans for broadcasting and television, which identify the frequencies that have been determined to be available. The award of the licence entails the granting of private use of the public radio domain in accordance with the planning established by the State.
In any case, in accordance with what is established in the Title V of Law 11/2022, of June 28, General of Telecommunicationsthe right of use of the public radio domain necessary for the provision of radio or television audiovisual communication services provided by Hertzian terrestrial waves requires the corresponding enabling title, which is granted by the State in accordance with article 149.1.21.a of the Constitution, which shall take the form of an administrative concession for the private use of the public radio domain annexed to the enabling audiovisual title.
Providers of audiovisual radio communication services