Article 50 of Law 11/2022, of June 28, General of Telecommunications establishes that the State Administration and public administrations must collaborate through the mechanisms provided in this Law and in the rest of the legal system, in order to give effect to the right of electronic communications operators to occupy public and private property to carry out the deployment of public electronic communications networks.
It also determines that public electronic communications networks constitute basic equipment and that their provision in urban planning instruments must have the character of structuring determinations, and that their installation and deployment constitute works of general interest.
When a public administration plans to approve a territorial or urban planning instrument that affects the deployment of public electronic communications networks, it must take into account that it must obtain the appropriate report from the Ministry for Digital Transformation and the Public Service. This is established in article 50 of the General Law on Telecommunications on a mandatory and binding basis.
Therefore, if the Public Administration intends to approve an Urban Plan or other regulations that affect the deployment of the aforementioned networks, it will be interested to know what general conditions must be met to have the greatest guarantees to obtain the aforementioned report on a favorable basis.
In the following sections you can consult key elements for the processing of the report: from time limits, to how to properly resolve those issues that are usually included in a territorial or urban planning instrument that affect the deployment of electronic communications networks. Select the different links from the vertical menu to get specific information for each point.
If you have any questions regarding this subject, you can contact us at the following e-mail address: teleco.urbanismo@digital.gob.es Ask us your question and we will answer you in an attempt to resolve your doubts.