In its role as the body competent to carry out the planning of territory, there are different Public Administrations, especially Municipalities, which may consider it appropriate to take measures on infrastructures of electronic communications networks that imply their removal, in case they are already installed, or their paralysis or blockage, in case they are in the process of installation or have not yet been approved for that purpose.
In these cases, the General Telecommunications Law establishes that the Public Administration, prior to the approval of such measure or resolution, must obtain the mandatory report of the General Secretariat of Telecommunications and Management of Audiovisual Communication Services (hereinafter, SGTA). The SGTA will have a period of one month from the entry into its offices of the relevant complete request for a report, which must be duly accompanied by the necessary documentation to be able to know the problems surrounding the infrastructure in question. The deadline will start from the moment the request is complete: if a request for a report is incomplete, a letter of amendment will be sent for the interested party to complete the documentation. The application shall not be considered complete until all necessary documents have been received.
During the aforementioned period, the requesting Public Administration and the SGTA must try to find a negotiated solution to the problems posed by the infrastructure.
Among the measures, resolutions or blockages to the installation or to the already installed infrastructures of electronic communications networks, it can be highlighted:
- The non-granting of a license to be able to deploy it.
- The order to remove a telecommunication infrastructure: cables, mobile phone stations, antennas, houses or rooms with telecommunication equipment, among others.
- The order to stop the provision of services linked to any of the previous infrastructures.
The Public Administration in question can also, prior to the request for a report, contact the SGTA through the email box that has been set up to resolve doubts: teleco.urbanismo@digital.gob.es