Frequently asked questions about ICT
Scope of application of the ICT regulation:
A building or real estate complex that has no horizontal division and is not intended for rent for a period of more than one year, has no obligation to install a common telecommunications infrastructure (ICT) regulated in the Royal Decree-Law 1/1998, of 27 February, on common infrastructures in buildings for access to telecommunication services.
As provided in the Article 3.1 of Royal Decree-Law 1/1998, it will only be necessary to install an ICT in case the reform is integral. The concept of integral rehabilitation refers exclusively to the field of building, so doubts about its scope must be resolved in this field.
Buildings of this nature may be covered by the scope of application contained in the Article 2 of Royal Decree-Law 1/1998, although there is no horizontal division, provided that they are intended for rent for periods longer than one year.
El Article 9 of Royal Decree-Law 1/1998 includes the right of co-owners of a building under horizontal ownership and/or tenants of all or part of the building to access telecommunications services other than those regulated in article 1.2 of the aforementioned Royal Decree-Law through the existing common infrastructure, if any, to install it, at its expense, or through individual systems that allow access to the desired telecommunications service.
Procedures of an ICT:
In the headquarters electronics All forms are available to present the ICT documentation depending on the stage in which it is in accordance with the procedure described in the ICT regulations.
The communication of a promoter change is notified from the ICT forms available in electronic headquarters At the time of submitting any mandatory documentation, following the order of the procedure described in the regulations. In case the documentation indicative of the end of work has already been presented (installation bulletin, etc. ), it will not be necessary to report the change of promoter, unless the Administration requests it for any reason.
La Verification of ICT projects is potestative as extracted from Supreme Court judgments of 2012.
However, the verified projects enjoy the presumption of compliance with the current legislation in the field of ICT.
If the promoter is a legal person, the submission of documentation must be made by his legal representative, or an authorized third party.
If the legal representative does so, he/she may use a certificate of natural person or a certificate of legal person, in which case the data of the entity holding the certificate are sent directly as data of the promoter company.
It is also accepted that the presentation of the documentation is made by a third party, providing a signed authorization of the promoter, without the need to have a power of attorney. In this case, the person presenting the documentation must use a certificate of natural person, since, if he uses the certificate of legal person, the data of the entity to which he belongs will be interpreted as data of the promoter company, and the system returns the following warning:
Notice: The data referring to the company listed in the certificate you are using will be referred to in this form as 'promoter data' .
The sealed copies are delivered ex officio by the Secretary of State. However, where expressly stated, the acknowledgement of receipt of the submission of the documentation provided by the electronic register shall have the same validity as a sealed copy.
In addition, at the request of the interested party and after payment of the corresponding fee, the Secretary of State may issue a certificate accrediting the presentation of the ICT documentation.
In the electronic headquarters, the certification application form is available, as well as instructions for the payment of fees.
Final Sections of Fiber Optic Networks:
The installation of final sections of fixed ultra-fast access networks, including fibre-optic networks, in buildings and real estate complexes already built is regulated in the Article 55 of Law 11/2022, of June 28, General of Telecommunications (LGTel).
To facilitate the application of this article, the Secretary of State has published on its website a explanatory note.
If there is already an operator who, complying with the prescriptions of Article 55 of the LGTel it has started or ended its deployment, it cannot be denied.
If, on the other hand, it is the first operator and within one month of communicating its intention to deploy end sections of fiber optic networks, the community of owners certifies that no co-owner is interested in having such infrastructure or states that the installation of an ICT will be carried out within three months from the date of reply, the operator is not entitled to initiate any deployment.
El Article 55 of the LGTel provides that where continuity is sought to provide access to networks in neighbouring or nearby buildings or estates and there is no other economically efficient and technically viable alternative that is justified, the owners of the buildings, regardless of whether they are or not Subject to the horizontal ownership regime, they will not be able to deny operators the installation of end sections in step. This provision is therefore applicable to single-family dwellings not subject to horizontal division.
If the building is subject to horizontal ownership division, operators are enabled to install step-by-step deployments to connect the network to be deployed in the adjoining building. At least one month before the scheduled date of installation, the operator must have communicated this to the community of owners of the affected building, attaching a description of the action. After this period, it can proceed to the installation indicating the day on which it will be produced. However, the community of owners can authorize the realization of the installation in a shorter time than indicated.
Conflicts that may arise due to disagreements or alleged abusive interpretations of the operators of the Article 55 of the LGTel They will refer to matters of a civil nature, the treatment of which is governed by the ordinary jurisdiction.