Authorisations for the commissioning of radio stations
Requirements
Before putting into service fixed stations for special use or for private use of the public radio domain they must have obtained.
Enabling title/Administrative authorization
An enabling degree is required for the private use of the public radio domain and an administrative authorization for the special use of the public radio domain.
Approval of the technical project of the station or stations of a network and obtaining the corresponding authorization to carry out the installation
The approval of the technical project of the station or stations of a network and the subsequent authorization to carry out the installation is the one that enables the owner to carry out the assembly of the station.
In general, in the case of private use of the public radio domain, the technical project will be submitted together with the application for the relevant enabling title. In this case, the decision to grant the entitlement to the exclusive use of the public radio domain will include the approval of the technical project, and the consequent authorization to perform the installation of the corresponding radio stations.
In particular, the approval of the technical project of the station or network of stations to be installed, and the subsequent authorization to perform the installation, will be requested independently, only in the following cases:
- Special use of the public radio domain for amateur radio.
- Private use of the public radio domain in the case of reserved band.
- Private use of the public radio domain with number limitation granted through the tendering procedure.
- Private use of the public radio domain for the provision of sound broadcasting and television services.
- When this is authorized in the decision to grant the corresponding enabling title for the use of the public radio domain, at the request of the applicant, in particular in the cases of large networks of radio stations, whose deployment occurs progressively.
Authorisation for placing in service
Obtaining the authorization for the commissioning of the station or the network of stations is the authorization that allows the owner to start the emissions.
In general, the holder of the use of the public radio domain must request the authorization for the commissioning of the radio station in the electronic headquarters of the Ministry. In the case of natural persons, not obliged to relate electronically with the Administration, the presentation of the application at the electronic headquarters is optional. In any case, the application must be accompanied by the necessary documentation depending on the characteristics of the station.
Authorisation for the commissioning of a station or a network of stations shall be granted in one of the following ways:
- Stations for special use of the public radio domain by radio amateurs. The authorization for the commissioning is granted together with the delivery of the station license. This license enables the holder to start the broadcasts. The deadline for revolving will be 30 working days. Administrative silence has a negative effect.
- Stations for private use in the public radio domain:
- Stations that require an act of prior technical recognition by personnel of the corresponding Provincial Telecommunications Inspection Headquarters to verify that the installation conforms to the approved technical project, to the previously authorized conditions and to the sectoral regulations. The authorization for placing in service is granted by resolution within a maximum period of three months. Administrative silence has a negative effect.
- Stations that require the presentation of a certification of replacement installation of the act of technical recognition, issued by a technician competent in the field of telecommunications, that certifies that the installation conforms to the approved technical project, to the previously authorized conditions and to the sectoral regulations. In this case, the submission of the application directly enables the commissioning. However, if the Secretary of State finds that the application does not meet the necessary requirements, it will issue a reasoned decision within a maximum period of three months, revoking the authorization for the entry into service, and the holder must proceed to the immediate cessation of emissions. Administrative silence has a positive effect.
With the qualification and approval of the technical project, and provided that they comply with the current regulations, it is not required to request authorization for the commissioning in the following cases:
- Radio stations intended for common use.
- Mobile stations, i.e. on board vehicles, intended for use in motion or, while in detention, at points not determined for all types of use of the public radio domain.
- Portable stations, i.e. transportable by persons, intended for use in motion or, while in detention, at unspecified points; for all types of use of the public radio domain.
- Fixed stations for special use of the public radio domain that are part of a general authorisation. In this case, the mere granting of the enabling title for the use of the public radio domain enables the commissioning of the stations.
- Fixed stations for the exclusive use of the public radio domain with radiated isotropic power equal to or less than 1 watt, provided that they are within the framework of the simplified procedure for the approval of the technical project and the consequent authorization to carry out the installation, regulated in Article 51 of the Regulation on the use of the public radio domain, approved by Royal Decree 123/2017. In this case, the approval of the technical project will be a sufficient condition for the installation and commissioning of the corresponding stations. However, as appropriate, within fifteen days or bimonthly, since the stations have been installed, the owner must submit a declaration responsible with the list of installed stations, indicating the location and type of station, and stating that the installed stations are in accordance with the approved technical project type. Likewise, the owner will send a responsible declaration within fifteen days when the stations have been canceled.
- Fixed stations for private use of the public radio domain intended for short-term events (period less than one month).
Documentation required when applying for authorisation for placing in service
The documents that must be provided in the request for authorization for the commissioning of radio stations are indicated below.
The models of these documents are found in the Electronic Headquarters of the Ministry.
The application for authorisation
For the commissioning of the station or stations of the network of stations that is intended to be commissioned, signed electronically by the holder or assignee of the right of use of the public radio domain.
The representation may be accredited by any means valid in law that leaves a reliable record of its existence. For these purposes, the representation made by means of apoderamiento apud acta made by personal appearance or electronic appearance in the corresponding electronic headquarters, or through the accreditation of its registration in the electronic register of apoderamiento of the competent Public Administration, as indicated in Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations.
Proof of payment of the telecommunication fee
By the act of technical recognition of each station or by the presentation of the replacement certification of said recognition. Amateur radio stations are exempt from the payment of this fee.
To accredit this payment you must fill out the payment form 790, which is located in the Ministry's electronic headquarters. The payment can be made in several ways:
Through the electronic headquarters of the Ministry.
This is the easiest option, but requires a digital certificate.
The supporting document that must be attached will be the form 790, after having made the payment, since, in it will appear the Full Reference Number (NRC) of having paid the corresponding telecommunication fee.
The NRC is a 22-character number that begins with 790, followed by a 10-digit number, and ended by a bank control code with 9 alphanumeric characters.
Through the bank in a telematic way.
In this case, the supporting documentation that must be attached will be:
- the duly completed payment form 790,
- The bank’s electronic proof of payment of the fee.
Through the bank’s window
In the latter alternative, the supporting documentation that must be attached will be:
- the duly completed payment form 790,
- a copy of the proof of payment of the fee machined by the bank or stamped by it.
In the event that you want to generate bags of money for multiple payments, more than 24 hours in advance of the time you want to submit the request, you must send the document accrediting the payment made, as described in the previous cases, (model 790 if the payment is made through the headquarters of the Ministry or model 790 and bank proof of the payment of the fee in the other two cases), to email: Tasas-APS@digital.gob.es
You can find more information on the page corresponding to the Payment of Telecommunications fees. Model 790.
The installation newsletter and the accompanying documentation:
- In the case of private use, when the act of technical recognition of the installation must be carried out by personnel of the Secretary of State for the Information Society and the Digital Agenda.
- In the case of special use of the public radio domain by radio amateurs, when the installation has been carried out by an installation company.
Amateur radio stations in which, due to their characteristics, the amateur radio station has previously been authorized to carry out the installation are exempt from this obligation. In this case, the amateur radio must present a responsible statement specifying the characteristics of the station.
The installation certificate
Replacement of the act of technical recognition of the stations in the cases established by the Resolution of 4 May 2017 and the Royal Decree 391/2019, of 21 June:
- a) Broadcasting stations with ER5 typology with p.r.a. ≤ 100W.
- b) Broadcasting stations with ER2 and ER4 typology.
- c) DTT stations installed by public initiative for the extension of coverage with p.r.a. ≤ 10W.
- (d) Terrestrial radio stations of satellite radiocommunication services with e.i.r.p.≥ 1W.
- (e) Radio stations of the Radio Astronomy Service and Space Research Service with e.i.r.p.≥ 1W.
- (f) Fixed-service radio stations with e.i.r.p.≥ 1W. Fixed wireless access stations (LMDS, WIMAX and similar technologies) are excluded from this section.
- g) Radio stations intended for the self-provision of services e.i.r.e. ≥ 1W, including those corresponding to the Public Administrations with demanial affectations.
- h) Radio stations of services other than those mentioned in the previous sections with e.i.r.p.≥ 1W, which are located in a non-urban environment, or those located in an urban environment where, within a radius of 100 meters, there are no spaces considered sensitive.
Certificate of Radioelectric Exposure Levels
This certificate must be provided in the only case of Authorization for Commissioning with Replacement Certification and for those stations that comply with the conditions of article 53.1 of the Regulation on the use of the public radio domain, approved by Royal Decree 123/2017; that is, it must be provided in case of a certification of replacement installation of stations with ER1 or ER3 typology that are part of public electronic communications networks that provide the following services:
- (a) Sound broadcasting and television services.
- (b) Electronic communications services in the frequency bands with limitation of the number of titles to be awarded identified in the first additional provision of the regulation on the use of the public radio domain.
- (c) Radio search service.
- d) Mobile communications service in a closed user group.
- (e) Fixed satellite service, mobile satellite service and satellite broadcasting service.
- (f) Fixed wireless access and fixed point-to-multipoint services, other than those referred to in subparagraph (b) above
Deadlines for applying for authorisation for placing in service
In accordance with the different uses of the public radio domain, the following deadlines have been established by regulation to request authorization for the entry into service:
- Nine months for fixed stations intended for the private use of the public radio domain, counted from the day following the date on which the holder receives the resolution of Approval of the technical project (APT) and the consequent Authorization to carry out the installation (ARI), unless the resolution of approval of the technical project has set a longer period. The RUER does not provide for an extension of the period granted for fixed stations intended for the private use of the public radio domain.
- Six months plus six weeks for unattended fixed amateur radio stations (special use of the radio domain), counted from the day following the date on which the holder receives the resolution of APT and the consequent ARI.
- Three months plus six weeks for the remaining amateur radio stations, counted from the day after the date on which the holder receives the resolution of APT and the consequent ARI.
In the case of amateur radio stations, the interested party may request, before the end of the initial term, an extension of the term. The extension of the time limit may be granted, if circumstances so warrant and thus do not prejudice the rights of third parties, provided that it does not exceed half of the initial time limit. The extension agreement must be notified to all interested parties.
Any request for an APS must be submitted before the expiration of the corresponding period indicated above. Once this period has elapsed without the interested party (owner/assignee or the person to whom he has delegated) submitting the APS application, it will be considered as not submitted, regardless of the effects that exceeding the established period may have on the approval of the technical project and the consequent Authorization to carry out the installation.
The date on which the interested party receives the resolution is the date of reading the notification. In the event that the interested party does not read the notification within ten calendar days from the date on which it has been made available to him, it will be considered read and rejected.
Access to the procedures
You can request the authorization for the commissioning of radio stations through the Electronic Headquarters with digital certificate.
This electronic procedure will make it possible to authorize the station to be put into service.
Other conditions
The authorization for the entry into service of any station is conditional on the absence of disturbances to other authorized radio services, as well as compliance with the current provisions on national security, radio or aeronautical easements, health protection against radio emissions, and any other applicable provisions.
In any case, once the commissioning is authorized, the radio station may be inspected by the Secretary of State within the framework of the Annual Telecommunications Inspection Plan (PAIT) or in the event of any complaint.
It can be downloaded from the Electronic Headquarters The following documentation related to the authorization:
- Authorization process for the commissioning of the stations.
- Clarifications on sensitive spaces.
- Recommendations signaling and fencing of radio stations.