Providers of television audiovisual communication services

Regulation

Law 7/2010 of March 31, General of Audiovisual Communication has established a new regulatory framework for audiovisual communication in our legal system, introducing profound modifications in the model applicable to the entire audiovisual sector, and creating a basic legal regime for the provision of audiovisual communication services in a transparent and plural market. This system is based on the principle of liberalising the provision of services which, according to the text, are no longer classed as public services but as services of general interest which are provided under free competition, with the restrictions arising from the limitation of the radio spectrum and the protection of citizens' interests.

Definition of provider of the television audiovisual communication service.

The natural or legal person who has effective control, that is, the editorial direction, over the selection of television programs and contents and their organization in a channel or in a catalog of programs. The tenant of an audiovisual communication license will be considered as a service provider.

Typology of television audiovisual media service providers.

According to the transmission technology:

  • Terrestrial Hertzian Waves (Terrestrial Digital Television: TDT). The granting of a license is required.
  • Satellite. Prior communication to the competent audiovisual authority is required.
  • Cable. Prior communication.
  • IPTV. Prior communication.

According to the legal nature:

  • Publics.
  • Private.

According to the business model of access to service content:

  • In open.
  • For a fee.

According to the scope of the television audiovisual communication service:

  • State.
  • Autonomic.
  • Locals.

Competence for the granting of licences.

  • Of scope of state coverage: the Government of Spain.
  • Of regional or local scope of coverage: the Autonomous Communities.

Characteristics of the licenses.

  1. It entails the granting of private use of the public radio domain.
  2. You must specify the territorial coverage area, the number of channels, the assigned multiplex and whether this is open or conditional access by payment (up to 50% of the entire assigned spectrum is allowed).
  3. They are granted for 15 years, renewable automatically for the same term.

Requirements to be a license holder.

  • Natural persons: to have the nationality of a Member State of the European Economic Area, or of any other State, provided that this right is recognized to Spaniards.
  • Legal persons: to have their registered office in a Member State of the European Economic Area, or in any State provided that this right to Spanish companies is recognized.
  • Representative domiciled in Spain.
  • In the case of legal persons, the participation in their share capital of natural or legal persons who are nationals of countries that are not members of the European Economic Area must comply with the principle of reciprocity. In addition, the individual participation of a national natural or legal person from countries that are not members of the European Economic Area may not directly or indirectly exceed 25% of the share capital. Likewise, the total shares in the same legal person of various natural or legal persons of nationals of countries that are not members of the European Economic Area must be less than 50% of the share capital.

They can’t be license holders

These requirements also apply to those who intend to carry out a prior communication, i.e. providers of television audiovisual communication services that do not use terrestrial waves:

  • Those who, having held a license or made a prior communication for any area of coverage, have been punished with its revocation or with the deprivation of its effects in the last two years prior to the request by means of a firm administrative resolution.
  • Those companies in whose social capital they have a significant participation or, where appropriate, control, directly or indirectly, people who are in the previous situation.
  • Those who, having provided audiovisual services in another Member State of the European Economic Area, have been banned from their activities during the last two years for violating the principles and values of the European Convention on Human Rights or the provisions on the protection of minors in European and Spanish regulations.
  • Those who incur any of the prohibitions to contract provided for in article 49 of Law 30/2007, of October 30, on Public Sector Contracts.

General limitations to the providers of the television audiovisual communication service.

  • No natural or legal person may acquire a significant share (5% of the share capital) in more than one provider of the television audiovisual media service at State level, when the average audience of all the channels of the providers at State level considered exceeds 27% of the total audience during the twelve consecutive months prior to the acquisition.
  • No natural or legal person may acquire a significant participation or voting rights in more than one provider of the television audiovisual communication service:
  1. When the providers of the audiovisual communication service at the state level accumulate rights of use over the public radio domain superior, as a whole, to the technical capacity corresponding to two multiplex channels.
  2. When the providers of the audiovisual communication service of autonomous scope accumulate rights of use over the public radio domain superior, as a whole, to the technical capacity corresponding to a multiplex channel.
  3. No natural or legal person who holds or participates in the share capital of a provider of the television audiovisual media service at State level may acquire a significant participation or voting rights in the capital of another provider of the same service, when this means preventing the existence of at least three providers other than the television audiovisual media service at State level, ensuring respect for pluralism of information.
  4. All audiovisual media service providers, as well as holders of significant shares, must be registered in the State or Autonomous Register, depending on the scope of coverage, of audiovisual media service providers.

Registration in the State Registry of Audiovisual Communication Service Providers.

All audiovisual media service providers, as well as holders of significant shares, must be registered in the State or Autonomous Register, depending on the scope of coverage, of audiovisual media service providers.

Registration State Registry of Audiovisual Communication Service Providers