Spain

[ES] Amendment of Several Provisions Relating to Communications Law

IRIS 2001-2:1/30

Alberto Pérez Gómez

Entidad publica empresarial RED.ES

In December 2000, the Government approved the Ley de Medidas fiscales, administrativas y del orden social 14/2000 (Act on Taxation, Administrative Provisions and Social Affairs), which introduces slight amendments to several provisions relating to Communications Law.

An Act on taxation, administrative provisions and social affairs (hereinafter referred to as the "Special Measures Act") is approved each year, together with the Budget Act. The main object of the Special Measures Act is to introduce amendments to existing provisions, thus acting as a "container" of amendments. For example, this year's Special Measures Act amends more than forty different acts. Such Special Measures Acts, which have been used since the mid 90's by socialist and conservative Governments alike, have been severely criticized by many experts because of their heterogeneity and lack of transparency and because of the insufficient amount of debate that precedes the approval of these acts.

This year's Special Measures Act states that Ente Público Radio y Televisión Española (the national public broadcaster - RTVE) will enter the Spanish State holding company Sociedad Estatal de Participaciones Industriales (SEPI). The SEPI will try to clear RTVE's debt, which exceeds EUR 3.000 million. Some opposition parties have expressed their concern about possible interference of the SEPI in the activity of RTVE, and they have requested information concerning the participation of RTVE's Director and board members in the process. The SEPI does not intend to privatise any of RTVE's companies in order to solve its economic problems, and it will have a financial plan ready for RTVE by June 2001.

Other provisions of this year's Special Measures Act amend the General Telecommunications Act, as regards the control of the fulfillment of public service obligations by telecom operators, the licensing of some telecom services, the assessment of conformance of equipment and apparatus, the management of the national domain name system (.es) and telecommunications fees. The new measures relating to telecommunications fees, together with some measures included in the Budget Act, have given way to a substantial increase in the amount of money that telecommunications and broadcasting operators have to pay for the use of radio spectrum.