The LGTel recognizes telecommunications operators certain
rights to occupy the public domain or private property . This recognition,
which in Law 11/1998 was linked to the ownership of certain enabling titles, is
linked in the current LGTel, once repealed the old system of qualifying titles,
to the concept of necessity.
This need is configured as an indeterminate legal concept
that will have to be specified at the time of its application. According to
part of the doctrine, the interpretation of this concept must be related to the
objectives of the legislation on the matter and, specifically, to promote
effective competition in the telecommunications market lifebloombeauty.
Specifically, art. 30 of the LGTel establishes that
operators will have the right to occupy the public domain to the extent that
this is necessary for the establishment of the public electronic communications
network in question futuretechexpert.
To facilitate this right, the Public Administrations in
charge of territorial or urban planning are obliged to obtain a report from the
MIET . This will deal with the adequacy of said planning instruments with the
law and with the telecommunications sector regulations and with the needs of
public electronic communications networks in the territory to which they refer naturalbeautytrends.
The report will be issued within a maximum period of three
months and will be a prior and obligatory step for the approval of the planned
project techsmartinfo.
These needs must be reflected in the instruments of
territorial or urban planning , and will guarantee non-discrimination between
operators and the maintenance of effective competition conditions in the
sector.
It is also recognized, in art. 29 of the LGTel , the right
of operators to occupy private property when it is strictly necessary for the
installation of the network , and if there are no other economically viable
alternatives, either through a forced expropriation procedure or through the
establishment of easements. forced passage. For this, they will be
beneficiaries of the corresponding file of compulsory expropriation smarttechpros.
The strict need to occupy private property must be provided
for in the technical project for the installation of the network , the approval
of which by the General State Administration will imply the declaration of
public utility and the need for occupation for the purposes of the provisions
of the regulations on compulsory expropriation.
In cases of authorization for the occupation of the public
domain, the specific regulations relating to the management and protection of
the specific public domain in question must be applied .
It must also be taken into account, in all cases where it
is:
1. Application
of environmental regulations
2. Public
health
3. Public
security
4. National
defense
5. Urban or
territorial planning
6. Taxation
for occupation of the public domain
Without such regulation being able to ignore or absolutely
restrict the right to occupy the public domain or private property for the
deployment of public electronic communications networks in accordance with the
provisions of the LGTel.
As a limit to these rights of occupation of the public
domain and private property, the possibility is established that the competent
administration in matters of the environment, public health, public safety or
urban and territorial planning, for justified reasons in reasons on these
matters, agree to the shared use of the public domain or private property in
which the public networks will be installed or the shared use of the
infrastructures for these.
The prevailing joint use articulation system is the
agreement between the interested operators. Only when such an agreement is not
reached, the LGTel empowers the CNMC, after a report from the competent
administration in the matters listed in the previous paragraph, to establish
the conditions of shared use.
The LGTel also foresees other easements and property
limitations regarding the protection of the radioelectric public domain to
avoid its degradation and maintain an adequate level of quality in the
operation of the different radiocommunication services.
In this sense, the limitations to the property and the
intensity of the electric field and the easements that are necessary for the
radioelectric protection of certain facilities or to ensure the proper
functioning of radioelectric stations or facilities used for the provision of
public services may be established, by reasons of public security or when
necessary by virtue of international agreements, in the terms of the first
additional provision and the LGTel development regulations.
On the other hand, the imposition of limits on the rights of
use of the public radioelectric domain is authorized for the protection of
other prevailing legally protected assets or public services that may be
affected by the use of said public domain, which must be governed, in any case,
by the principles of contradiction, transparency and publicity, and in
accordance with the powers recognized to the Government for the management of
the radioelectric public domain.
LGTel 9/2014, of May 9 , included a clear enhancement of the
right of occupation by operators, effectively guaranteeing it and forcing the
limits to this right to be justified . This is a clear attempt to facilitate
the deployment of networks by operators, which until now has been severely
hampered.
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