JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

The audiovisual industry has become an increasingly important sector for the economy in recent years. Audiovisual content and its demand are part of the everyday life of the current citizen. The world, leisure, work or any other activity without the audiovisual is not conceived.

In recent years audiovisual communication has been based on the traditional exploitation of analogue radio and television, conditioned by the scarcity of radio spectrum and, therefore, by a public and private offer. reduced and with a very settled but commercially unsustainable operating model.

Digital technology comes to break with this model and it poses an exponential increase in the radio and television signals thanks to the compression capacity of the signal that increases the quality of the audiovisual signal. Access to the audiovisual media is increasing and the hearings are increasing, but for the same reason they are fragmented. The Internet breaks out as content competitor. Business models evolve and move. As a result, the regulation has to evolve with the times and must be adapted to new technological developments.

It is necessary, therefore, to regulate, to order with medium and long term vision, with criteria that clear uncertainties and give security to the companies and with the intention to protect the citizen from dominant positions of opinion or restriction of access to universal content of great interest or value.

This has been understood by the most advanced countries and the European Union itself which, through Directives, has established and regularly refines rules which set up a common basic regime guaranteeing pluralism and the rights of the European Union. consumers.

Directives that must be transposed into Spanish law. This is one of the functions of this Law, the transposition of Directive 2007 /65/EC of Audiovisual Communication Services of the European Parliament and of the Council of 11 December 2007.

But it is not only the objective of the General Law of Audiovisual Communication. Today Spain has an audiovisual legislation that is dispersed, incomplete, sometimes out of date and obsolete, with great shortcomings to adapt to the times and therefore permanently subject to frequent changes, via decree or subsumed in other laws. of different themes. We are therefore faced with current regulations, far from the reality, and limiting that at its origin, it was born with a vocation of transience but that has been perpetuated more time than initially planned.

Consequently, this Law is intended to cover the current regulations still valid, to update those aspects that have undergone important modifications and to regulate the new situations lacking legal framework. And all this with the task of giving legal certainty to the industry and enabling the creation of audiovisual business groups with the ability to compete in the European market and the regulated opening of new business models such as DTT de The European Parliament's Committee of the European People's Rights and the Committee of the European People's Rights and the Committee of the European People's Rights and the Committee of the European People's Rights and the Committee of the European People's public sector with the private sector and the liberalisation of audiovisual activity.

This general rule of reference has been a demand of the audiovisual sector as a whole and of consumers for years. This Law is therefore born with the vocation of passing a pending subject of our democracy, overcoming dissent and reaching an agreement for a reform that wants to see the light with a will to remain. A law that codifies, liberalizes and modernises the old and dispersed current Spanish legislation, grants security and stability to the public and private sector, in the short and medium term, through a basic legal framework sufficiently flexible to adapt to the The dynamism that this sector has by definition in the face of the vertiginous and continuous technological evolution.

This law must also be understood, immersed in the project of the audiovisual reform of the Government undertaken in the previous legislature with the approval of Law 17/2006 of the Radio and Television of State Entitlement and supplemented with the Financing Act of the RTVE Corporation.

And it is that the General Law of Audiovisual Communication is presented as a basic norm not only for the private sector but also for the public, with the most absolute respect for the competence that marks our Constitution, the minimum principles which should inspire the presence in the audiovisual sector of public bodies providing public service radio, television and interactive services. Principles inspired by the Community rules and recommendations on public financing compatible with the Treaty establishing the European Community, independent control through regulatory bodies and guarantee and protection of rights.

In this sense, the norm aims to promote a more inclusive and equitable society and, specifically in relation to the prevention and elimination of gender discrimination, in the framework of what is established in the field of advertising and media in the Organic Law 1/2004, of December 28, of Measures of Comprehensive Protection against Gender Violence and the Organic Law 3/2007, of 22 March, for the effective equality of men and women.

These are the principles that inspire the articulate of this law that regulates the audiovisual communication of state coverage and that in its systematic has placed first, after the articles of Objectives, Definitions and Scope of Application, recognition of rights. Thus Chapter I of Title II is fully devoted to the guarantee of the rights of citizens to receive audiovisual communication under conditions of cultural and linguistic pluralism-which implies the protection of audiovisual works. This is the case for the European and Spanish languages in their different languages, as well as to require the authorities to adapt the contents to the current constitutional order. This chapter deals individually with the obligations of providers of audiovisual media services in relation to minors and persons with disabilities who deserve the opinion of the legislator and the European institutions. special protection.

Chapter II of this Title II includes the rights of providers of the audiovisual media service who are basically to provide this service in conditions of freedom in terms of content selection, editorial line and channel emission. Absolute freedom in the case of electronic communications. The possibility and conditions of self-regulation and the issue of advertising content constitute two other large sections of rights that are enshrined in this law.

The regulation of advertising, in accordance with the criteria established by the Community Directive already mentioned, occupies an important part of this Law. It is designed as an instrument of consumer protection against the issue of advertising in all its forms in terms of time and content but also with basic regulatory regulations to prevent abuse and interpretation. They have led, in the past, to the opening of cases and serious discrepancies in the interpretation of European precepts. And what, with this Law, is intended to put an end to a clear and unambiguous scenario aligned with the terminology and postulates of the Commission and the European Parliament.

Finally, this Title II devotes a chapter to the regulation of the rights of content under the exclusive regime in which the right to information of all citizens is protected as a priority right and fixed limits to exclusivity according to criteria of general interest which ensure the open emission of a series of events related primarily to sporting events of great audience and value. To this end, a basic regulatory reference is included in accordance with the criteria, resolutions and recommendations of the Spanish and European competition authorities and watchdogs.

Title III is part of the principle of freedom of enterprise and establishes the basic legal regime for the provision of an audiovisual media service, differentiating those who only need prior communication for their liberalized segment, of those other than to use public radio space through hertzian waves and to have limited capacity need of prior license granted in public contest held in the conditions that fixed this same Law.

The principles of European ownership and reciprocity, which are incorporated into Spanish legislation in this sector, preside over this legal regime. With the aim of strengthening security it is extended to 15 years the licensing period, currently in ten and, as new, automatic renewal is established if certain requirements are met and the possibility of lease or license under certain conditions. Conditional access or payment is also regulated as a right of licence holders, limiting it to 50% of the channels granted to each licence to ensure an extensive open television offer.

Another new feature of this Law is the recognition of the right of access to electronic communication services under full conditions of interactivity, the chain issues of radio communication services, and Community audiovisual communication services designed solely for commercial purposes.

Title III devotes a section to the so-called "New technology entrants" or new forms of audiovisual communication. Essentially TV in Mobility, High Definition and Interactivity, allowing the possibility of unique decoders that allow access to the interactive services of all the offers.

Title III ends with a set of articles aimed at guaranteeing pluralism and free competition in the radio and television market given the importance of these means in the formation of public opinion. The right to hold significant shareholdings in several state media service providers is recognised, but that right is limited if more than 27% of the hearing is accumulated at the time of the merger or purchase of shares. The criterion of hearings has been chosen to assess domain positions in the market following the solutions set out by the most recent legislation of the European countries in the field.

In addition, a single holder may not have significant shares in audiovisual media service providers that accumulate more than two multiplexes-eight channels-and at all events a minimum of three must be guaranteed. State private operators.

Title IV deals in full with the basic regulations of the Public Service of Radio, Television and Interactive Offering, respecting the system of competition established in the Spanish Constitution. In particular, it refers to the general objectives that this public service should seek: to disseminate content that promotes constitutional values, the formation of plural public opinion, linguistic and cultural diversity and dissemination. of knowledge and the arts, as well as attention to minorities. The objectives must be achieved every nine years by the parliaments or similar bodies at regional and local level.

Also, this Law is aligned with the European institutions ' Directives, Communications, Decisions and Recommendations on public service broadcasting in relation to the compatibility of their funding with the Treaty establishing the European Community as regards State aid and the accounting of the net cost of the public service as well as the possibility of creating reserve funds; the need for prior assessment of the impact of the the national audiovisual market in the face of the introduction of new services and, finally control by regulatory bodies independent of the performance of the public service mission entrusted.

And it is precisely the creation and regulation of the State Audiovisual Authority that is entitled to Title V of this Law. The State Audiovisual Media Council (CEMA) shall be the regulatory and supervisory body of the sector which shall exercise its powers under the principle of independence of political and economic powers.

It will have sanctioning power and its members will be elected by a qualified majority of three-fifths of the Congress of Deputies. It will be its main functions to ensure transparency and pluralism in the sector and the independence and impartiality of public media as well as the fulfilment of its public service function. A support advisory committee is also set up to ensure the participation of citizens ' groups and associations. It closes the article of Title VI which provides for the sanctioning regime.

In the Transitional Provisions, issues relating to the transition of models, support services for people with disabilities, reserve deadlines for issues such as European works or production are addressed. independent. The continuity of a catalogue of events of general interest for society is guaranteed until the adoption of a new framework and the transitional framework is defined until the constitution of the State Council of Audiovisual Media. Finally, in the Ninth Transitional Provision, limits are established for the use of the radio public domain that has been overcome by technological improvement.

The General Law of Audiovisual Communication repeals in its entirety twelve Laws and partially six others and has eight Final Provisions.

In short, the General Law of Audiovisual Communication articulates the reform of the sector and gives Spain an audiovisual regulation that is consistent with the times, coherent, dynamic, liberalizing and with guarantees of democratic control. and respect and strengthening the rights of citizens, providers and the general interest.

TITLE I

General provisions

Article 1. Object of the law.

This Law regulates the audiovisual communication of state coverage and establishes the basic norms in audiovisual matters without prejudice to the competences reserved for the Autonomous Communities and the Local Entes in their respective scopes.

Article 2. Definitions.

1. Provider of the audiovisual media service.

The natural or legal person who has effective control, that is, the editorial direction, about the selection of the programs and contents and their organization in a channel or in a catalog of programs. The lessee of an audiovisual communication licence shall have the consideration of a service provider.

2. Audiovisual media services.

These are audiovisual media services whose editorial responsibility corresponds to a service provider and whose main purpose is to provide, through electronic communications networks, programs and content to inform, entertain or educate the general public, as well as to issue commercial communications.

These are modes of the audiovisual communication service:

(a) The television audiovisual communication service, which is provided for the simultaneous viewing of programmes on the basis of a schedule.

b) The on-demand television audiovisual communication service, which is provided for the viewing of programmes and content at the moment chosen by the viewer and on its own request on the basis of a catalogue of programmes selected by the media service provider.

(c) The television audiovisual communication service in mobility or "television in mobility", which is provided for the viewing of programmes and content on a mobile device.

d) The radio audiovisual communication service, which is provided for the simultaneous hearing of programs and content on the basis of a schedule.

e) The on-demand radio audiovisual communication services, which is provided for the hearing of programmes and content at the time chosen by the listener and their own request on the basis of a catalogue of programmes selected by the media service provider.

f) The radio audiovisual communication service in mobility or "radio in mobility", which is provided for the hearing of programmes and content on a mobile device.

3. State coverage audiovisual communication service.

It is considered a state coverage audiovisual communication service:

(a) The public audiovisual media service whose reservation for direct management has been agreed by the State.

(b) The audiovisual media service whose licence has been granted by the State.

c) The audiovisual communication service that is provided to the public from more than one Autonomous Community.

However, it will not be considered as state coverage in the assumptions of natural signal overflows in the issue for the territory in which the service delivery has been enabled.

4. Audiovisual media services in open or coded.

The open audiovisual media service is the one whose reception is free.

The coded audiovisual communication service is the one whose reception must be authorized by the provider.

5. Payment audiovisual communication service.

The services of audiovisual communication and related services that are carried out by the provider of the audiovisual communication service in exchange for the consideration of the consumer are paid or paid. This consideration can be performed, among others, in the form of subscription, pre-payment or direct-view payment, either for viewing or listening to channels, programs or program packages.

6. Audiovisual programmes.

a) Television Program: A set of moving images, with or without sound, that constitutes a unitary element within the schedule of a channel or a catalog of programs. In any case they are television programmes: feature films, sports events, series, documentaries, children's programmes and original plays, as well as live broadcasts of events, cultural or cultural events. any other type.

b) A radio program: A set of sound content that forms a unit element within the schedule of a channel or a catalog of programs.

7. Multiple Channel or Multiplex.

A composite signal for transmitting a radio frequency and channel, and which, when using digital technology, allows the incorporation of signals corresponding to various television and radio channels and signals. for various associated services and for electronic communications services.

8. Channel.

Set of television or radio programs organized within a schedule that cannot be altered by the public.

9. Teleshopping channel.

A radio or television channel that exclusively issues direct sales content organized in programs with a minimum uninterrupted duration of 15 minutes.

10. Radio station.

A set of simultaneous radio broadcasts organized within a schedule schedule that cannot be altered by the public.

11. Catalog of programs.

Set of programs made available to the public, who choose the program and the time of their vision or their hearing.

12. European works.

European works are considered:

(a) works originating in the Member States; and works originating in third European States which are part of the European Convention on Transfrontier Television of the Council of Europe, provided that the works of the European Member States are not subject to discriminatory measures in the third country concerned.

It is considered original work with the participation of authors and workers residing in one or more States of those mentioned in the previous paragraph. Provided that, in addition, it complies with one of the following three conditions: that the works are carried out by one or more producers established in one or more of those States; that the production of the works is supervised and effectively controlled by one or more or several producers established in one or more of those States; whereas the contribution of the co-producers in those States is a majority in the total cost of the co-production and is not controlled by one or more established producers outside the Union. of those States.

(b) works co-produced in the framework of agreements relating to the audiovisual sector concluded between the European Union and third countries which satisfy the conditions laid down therein, provided that the works of the Member States are not subject to discriminatory measures in the third country concerned.

c) works other than European works in accordance with subparagraph (a) but which have been produced in the framework of bilateral co-production treaties concluded between Member States and third countries, provided that the contribution of the Community co-producers in the total cost of production are majority and that production is not controlled by one or more producers established outside the territory of the Member States.

13. Editorial responsibility.

The exercise of effective control is understood to be the exercise of effective control over the selection of the programs and their organization, either in a chronological schedule or in a catalogue of the services of audiovisual communication. Editorial responsibility does not necessarily imply a legal liability in accordance with national legislation for the content or services provided.

14. Related and interactive services.

These are the content or services, whether associated or not with the audiovisual programmes, which are incorporated by the audiovisual media service providers or by the electronic communications operators to which the citizenship can be accessed through different procedures linked to or not with the broadcast channel.

This access may or may not be linked to a return channel, depending on the degree of interactivity of the service being provided.

When this return channel does not exist, the interactivity will consist of the continuous and successive transmission of data to which the citizen will access freely or prior authorization of the provider. The information shall be stored in a receiver and shall be renewed at the intervals established by the service provider.

When there is a return channel, the user will interact with the service provider, allowing access to additional content linked to or not to the audiovisual programs and navigation for them as well as the sending of responses, including the submission of data to enable users to perform economic transactions as well as communication between different users.

15. Provider of an electronic communication service broadcasting television channels.

The natural or legal person who provides the electronic communication service that offers, in conjunction with an electronic communications access service, an offer of television channels which in its contents include film films, television films or television series, offered in a package selected by the electronic media provider.

16. Provider of a program catalog service.

The natural or legal person recognised as a service provider of audiovisual communication in the form of "on-demand audiovisual communication" which, directly or indirectly, offers low demand for retail customers viewing of film films, television films and television series in a fixed, portable or mobile player with access to IP networks.

17. Feature film films.

The film film having a duration of sixty minutes or more, as well as the one that, with a duration of more than forty-five minutes, is produced in support of 70 mm. format, with a minimum of 8 perforations per image.

18. Film films of short film.

Film film having a duration of less than sixty minutes, except for the 70 mm format provided for in the preceding letter.

19. Film for television.

The unitary audiovisual work of fiction, with creative characteristics similar to those of cinematographic films, whose duration is greater than 60 minutes and less than 200 minutes, has final outcome and with the uniqueness the commercial exploitation of which is intended for broadcasting or broadcasting by television operators and does not include, first of all, the exhibition in cinema halls. Where appropriate by reason of its duration, it may be subject to issue divided into two parts.

20. Television miniseries:

Those films for television which, by reason of their duration, may be the subject of issue divided into two parts and which, where their emission takes place under these conditions, the joint duration of these films does not exceed the 200 minutes.

21. Television series.

The audiovisual work consisting of a set of episodes of fiction, animation or documentary with or without a common generic title, intended to be broadcast or broadcast by television operators in a successive and continuous way, Each episode may correspond to a narrative unit or follow in the next episode.

22. Independent producer.

The producer is the natural or legal person who assumes the initiative, the coordination and the economic risk of the production of audiovisual content. The independent producer is the natural or legal person who produces these contents, either on his own initiative or on behalf of the company, and in return for consideration makes them available to an audiovisual media service provider with whom he/she is not linked in a stable way to a common business strategy.

It is presumed that they are linked in a stable manner when they are part of the same group of companies under Article 42 of the Commercial Code, or when there are stable agreements of exclusivity that limit the autonomy of the parties to contract with third parties.

23. Producer of audiovisual works for television.

Natural or legal person who has the initiative and assumes responsibility for the creation of an audiovisual work that is not intended for display in movie theaters, including live broadcasts of events which, at their origin, are produced with television techniques and are susceptible to display in cinematographic rooms.

24. Audiovisual commercial communication.

The images or sounds intended to promote, directly or indirectly, the goods, services or image of a natural or legal person engaged in an economic activity. These images or sounds accompany a program or are included in it in exchange for a consideration in favor of the service provider.

In any case, they are forms of audiovisual commercial communication: the television or radio advertising message, sponsorship, teleshopping and product placement.

25. Advertising message.

Any form of message from a public or private company or a natural person in connection with its commercial, industrial, craft or professional activity, in order to promote the supply of goods or services, including real estate, rights and obligations.

26. Teleshopping.

Television audiovisual communication of direct offers to the public for the supply of goods or the provision of services, including real estate, rights and obligations.

27. Telepromotion.

The audiovisual commercial communication in which the presenter or any of the protagonists of the programme, using the setting, the setting and the daring of the programme, expose for a time clearly superior to the duration of an advertising message the characteristics of a good or service, so that the message cannot be independently issued to the corresponding program.

28. Self-promotion.

The audiovisual communication that reports on the programming of the service provider, on specific programming packages or packages or on the ancillary products derived directly from them.

29. Sponsorship.

Any contribution that a public or private undertaking or a natural person not linked to the provision of audiovisual media services or the production of audiovisual works makes to the financing of services of audiovisual communication or programmes, in order to promote their name, brand, image, activities or products.

30. Cultural Sponsorship.

Any contribution of an Institution, Company or Foundation to the production of audiovisual works, radio and television programmes and/or digital content of cultural, social or promotion of sport, with the aim to promote your activity, brand and/or image or as an expression of your corporate social responsibility.

31. Product placement.

All forms of audiovisual commercial communication consisting of including, displaying or referring to a product, service or trade mark in a way that appears in a program.

32. Covert television audiovisual commercial communication.

The direct or indirect verbal or visual presentation of goods, services, names, trade marks or activities of a producer of goods or a service provider in television programmes other than the site of the the product, in which such a presentation is intended intentionally by the provider of the audiovisual media service, an advertising purpose and may mislead the public as to the nature of such presentation. This presentation shall be deemed to be intentional, in particular if it is made in return for consideration in favour of the service provider.

33. Subliminal advertising.

It is subliminal advertising that, by means of techniques of production of stimuli of intensities bordering on the thresholds of the senses or analogous, can act on the target audience without being consciously perceived.

Article 3. Scope of application.

1. Audiovisual media services are subject to the provisions of this Law provided that the media service provider is established in Spain.

An audiovisual media service provider is considered to be established in Spain in the following cases:

a) When the audiovisual media service provider has its headquarters in Spain and the editorial decisions on the audiovisual communication service are made in Spain.

b) Where the audiovisual media service provider has its headquarters in Spain but the editorial decisions on the audiovisual media service are taken in another Member State of the Economic Area European, it is considered that the provider is established in Spain when he works a significant part of the staff that performs the activities of the audiovisual communication services.

In the event that a significant portion of the staff performing the activities of audiovisual media services works in Spain and in the other Member State, the media service provider shall be deemed to be audiovisual is established in Spain when it has its headquarters in Spain.

In the event that a significant portion of the personnel performing the activities of audiovisual media services does not work in Spain or in any Member State, the service provider of the services will be considered Audiovisual communication is established in Spain if it first started its activity in Spain, provided that it maintains a stable and effective link with the Spanish economy.

(c) Where the audiovisual media service provider has its headquarters in Spain, but editorial decisions on the audiovisual media service are taken in a third country, or vice versa, it shall be deemed to be is established in Spain, provided that a significant proportion of the staff carrying out the audiovisual communication activities work in Spain.

It is considered that an audiovisual media service provider to whom the above paragraph does not apply, is subject to the jurisdiction of Spain in the following cases:

(a) if the audiovisual media service provider uses an uplink with a satellite located in Spain,

b) if, even if you do not use an uplink with a satellite located in a Member State, it uses a satellite capacity belonging to Spain.

2. They are excluded from the scope of this Law without prejudice to their obligations under this Law:

(a) Electronic communications networks and services used for the transport and dissemination of the signal of the audiovisual media services, their associated resources and the technical equipment needed for the reception of audiovisual communication. Their regime is the telecommunications itself.

(b) Natural or legal persons who only disseminate or transport the signal of audiovisual programmes whose editorial responsibility lies with third parties.

(c) Audiovisual communications which are not economic in nature, with the exception of the non-profit Community audiovisual media services of Article 32 of this Law, as well as services which do not constitute a means of mass communication, that is to say, that they are not intended for a significant part of the public and do not have a clear impact on it, and in general any activities that do not compete for the same audience as television broadcasting broadcasts. In particular, private websites and those which are subject to audiovisual content generated by private users are excluded from the scope of the Act.

TITLE II

Basic regulations for Audiovisual Communication

CHAPTER I

The rights of the public

Article 4. The right to receive plural audiovisual communication.

1. All persons have the right to have audiovisual communication provided through a plurality of public, commercial and community media that reflect the ideological, political and cultural pluralism of society. In addition, all people have the right to have audiovisual communication provided through a variety of sources and content and the existence of different areas of coverage, in line with the territorial organization of the State. This plural provision must ensure an audiovisual communication whose programming includes different genres and addresses the various interests of society, especially when it is carried out through public service providers.

The requirements and conditions under which the audiovisual payment services are to be provided shall be determined.

2. Audiovisual communication may never incite hatred or discrimination on grounds of gender or any personal or social circumstance and must be respectful of human dignity and constitutional values, with particular attention to the eradication of behaviors that favor situations of inequality of women.

3. Operators of audiovisual media services shall promote the knowledge and dissemination of official languages in the State and their cultural expressions. In this sense, public ownership operators will contribute to the promotion of the cultural industry, especially those of audiovisual creations linked to the different languages and cultures in the State.

4. The audiovisual communication must respect the honour, the privacy and the image of the people and guarantee the rights of rectification and replication. All this in the terms provided by the current regulations.

5. All persons have the right to have information communication drawn up in accordance with the duty of diligence in verifying the veracity of information and to be respectful of political, social and cultural pluralism.

6. All persons have the right to be informed of events of general interest and to receive clearly differentiated information from the opinion.

Article 5. The right to cultural and linguistic diversity.

1. All people have the right to have audiovisual communication include an open programming that reflects the cultural and linguistic diversity of the citizenry.

Autonomous Communities with their own language may approve additional rules for audiovisual media services in their field of competence in order to promote audiovisual production in their own language.

2. For the effectiveness of this right, providers of the state or regional television communication service must reserve 51% of the annual emission time for each channel or set of channels of the same provider for European works. excluding time spent on information, sports events, games, advertising, teletext and teleshopping services. In turn, 50% of this quota is reserved for European works in any of the Spanish languages. In any case, 10% of the total emission will be reserved for independent producers of the service provider and half of that 10% must have been produced in the last five years.

The providers of a catalogue of programmes should reserve 30% of the catalogue for European works. Half of this reserve will be in one of the official languages of Spain.

3. The providers of the television audiovisual media service of state or regional coverage shall contribute annually to the advance financing of European production of film films, films and television series, as well as documentaries and films and animation series, with 5 per 100 of the revenue earned in the previous year in accordance with its operating account, corresponding to the channels in which these audiovisual products are issued with a age less than seven years from the date of production. For providers of audiovisual communication services of public ownership of state or regional coverage, this obligation shall be 6 per 100.

The financing of such audiovisual works may consist of direct participation in their production or in the acquisition of the rights to exploit them.

At a minimum, 60 per 100 of this funding obligation, and 75 per 100 in the case of public-owned audiovisual media service providers, should be devoted to film films of any kind. gender.

Of this amount, at least 50 per 100 must be applied in the whole of the annual computation to works of independent producers. The contribution of the independent producer shall not be taken into account in the co-productions.

In addition, audiovisual media service providers will have to devote at least 40 per 100, and 25 per 100 in the case of providers of audiovisual communication services of public ownership of the total of their the obligation to finance films, series or mini-series for television. Within these percentages, the providers of audiovisual communication services of public ownership must devote a minimum of 50% to films or television miniseries.

Audiovisual media service providers whose investment obligation is derived from the issue, exclusively or in a percentage exceeding 70% of their total annual emission time, of a single type of content, These films, television series, animation productions or documentaries, can be materialized by investing only in this type of content provided they are materialized in photochemical support or in digital media high definition.

In any case, the 60 per 100 of the joint financing provided for in this article will go to production in one of the official languages of Spain.

The effects of this article may not be computed on the investment or purchase of film rights that are likely to qualify for X in accordance with Act 55/2007 of 28 December 2007.

Also subject to the financing obligation set out in this article are the electronic communication service providers who disseminate television channels and service providers of catalogues of programs.

Local televisions that are not part of a national network are excluded from this obligation.

The control and monitoring of the obligations contained in this point will be the responsibility of the State Council for Audiovisual Media, after the provision of the Institute of Cinematography and the Audiovisual Arts, and without prejudice of his powers in the field of the film industry. The procedure, the calculation mechanisms and the information that may be obtained from the operators shall be established. However, for emissions of limited coverage within the scope of an Autonomous Community, such monitoring and monitoring shall be the responsibility of the competent autonomous audiovisual body.

By agreement between one or more providers of services at the state or regional level subject to the financing obligation set out in this Article and one or more associations grouping the majority of the producers Film, the form of application of the financing obligations provided for in this Article may be agreed, with due regard to the proportions laid down therein.

Prior to the signing of the agreement, the parties will seek from the State Council for Audiovisual Media a report on the conformity of the agreement with the provisions of this Law, without prejudice to the functions of the State Audiovisual Media Council. such agreements have the National Competition Commission.

The procedures necessary to ensure the adequacy of the agreement with the provisions of this Law will be established. In any event, the arrangements laid down in that agreement shall govern the relations established between the service provider or the television audiovisual media service providers and all the producers operating in the field of television broadcasting. the application of that application, without the fact that it can be limited to the members of the association or associations which have subscribed to it.

Article 6. The right to transparent audiovisual communication.

1. Everyone has the right to know the identity of the media service provider, as well as the companies that are part of their group and their shareholding.

To this effect, the provider is considered to be identified when it has a website in which it states: the name of the service provider; its address of establishment; e-mail and other means of establish a direct and rapid communication; and the competent regulatory or supervisory body.

2. Everyone has the right to know the television programming at a sufficient time, which in no case will be less than 3 days. In the case of television programming, the programming shall also be made known by means of an electronic programme guide, the basic free content of which shall also be available in an Internet programming information service. by means of a machine-processable file, of downloadable format, the structure of which shall be public knowledge, and located on a website whose availability shall be the responsibility of the provider of the audiovisual media service. The programming may only be altered by events beyond the will of the audiovisual service provider or by events of interest to the media or to the live programming. The Internet programming information service must have warning mechanisms that the programming has undergone last-minute modifications.

3. The information referred to in this Article is contained in Internet pages, electronic guides of programmes and other means of communication of the providers of the audiovisual media service that serve to make the right to the Transparency regulated in this article should be accessible to persons with disabilities.

4. Public authorities and providers of the audiovisual media service should contribute to the media literacy of citizens.

5. All persons have the right to have commercial communication clearly differentiated from the rest of the audiovisual content, in the terms provided for by the current regulations.

6. Internet pages, electronic guides for programmes and other channels or channels of communication of service providers which serve to make the right to transparency as regulated in this Article, must be accessible to the public. persons with disabilities.

Article 7. The rights of the child.

1. Minors have the right to have their image and voice not used in audiovisual media services without their consent or that of their legal representative, in accordance with current regulations.

In any case, the dissemination of the name, image or other data that allow the identification of minors in the context of criminal acts or issues that discuss their protection or affiliation is prohibited.

2. The open broadcasting of audiovisual content that could seriously impair the physical, mental or moral development of minors, and in particular programs that include scenes of pornography or gratuitous violence, is prohibited. Conditional access must enable parental control.

Those other contents that may be harmful to the physical, mental or moral development of minors can only be issued between 22 and 6 hours, and must always be preceded by an acoustic and visual warning, according to the criteria to be laid down by the competent audiovisual authority. The visual indicator shall be maintained throughout the entire programme in which the contents are included.

Also, three slots considered for enhanced protection are established by reference to the peninsular schedule: between 8 and 9 hours and between 17 and 20 hours in the case of working days and between 9 and 9 hours. 12 hours on Saturdays, Sundays and parties at the State level. Content that is rated as recommended for over 13 years should be issued outside of those slots, maintaining throughout the program's issuance that includes the visual indicative of their age rating.

The Saturday and Sunday time protection strip will be applied to the following days: 1 and 6 January, Good Friday, May 1, October 12, November 1, and December 6, 8 and 25.

All providers of television audiovisual communication services, including those on request, shall use, for the classification by age of their contents, a digital codification enabling the exercise of the control parental. The coding system shall be approved by the Audiovisual Authority.

Programs dedicated to gambling and gambling can only be issued between one and five in the morning. Those with content related to esoterism and the paracencies, can only be issued between 22 and 7 in the morning. In any case, providers of the audiovisual media service shall have subsidiary responsibility for the fraud that may occur through these programmes.

The draws of the public purpose game modes and products remain excepted from such time restriction.

In terms of protection of the child, the providers of the audiovisual media service will not be able to insert commercial communications that promote the cult of the body and the rejection of the self-image, such as slimming products, surgical interventions or aesthetic treatments, which appeal to social rejection by physical condition, or to success due to weight or aesthetic factors.

3. Commercial communications should not cause moral or physical harm to minors. Consequently, they will have the following limitations:

a) They should not directly incite minors to purchase or lease products or services by taking advantage of their inexperience or credulity.

b) They should not directly encourage minors to persuade their parents or third parties to purchase advertised goods or services.

c) They should not exploit the special relationship of trust that minors place in their parents, teachers, or other people.

d) They should not show, without justified reasons, minors in dangerous situations.

e) They should not incite behaviors that favor inequality between men and women.

(f) Commercial communications on products which are particularly intended for minors, such as toys, must not mislead the characteristics of the products themselves, their safety, nor the capacity and Required skills in the minor to use without producing damage to himself or to third parties.

4. The competent audiovisual authority shall promote among the providers of the television audiovisual communication service the promotion of codes of conduct in relation to inappropriate audiovisual commercial communication accompanying the programmes. children or be included in them, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular those such as fats, trans-fatty acids, salt or sodium and sugars, for which it is not recommended excessive intake in the total diet.

5. When the audiovisual communication service is carried out through a catalogue of programmes, the providers shall draw up separate catalogues for those content which are not to be accessible to minors.

6. All audiovisual products distributed through television audiovisual media services must have an age rating, in accordance with the instructions on their graduation to be issued by the State Media Council. Audiovisual.

The grading of the rating must be that approved by the Code of Self-Regulation of Television Content and Children.

It is for the competent audiovisual authority to monitor, monitor and sanction the appropriate qualification of the programmes by the providers of the television audiovisual media service.

Article 8. The rights of persons with disabilities.

1. People with visual or hearing disabilities have the right to a universal accessibility to audiovisual communication, according to technological possibilities.

2. People with hearing disabilities have the right to have television audiovisual communication, in open and state or regional coverage, subtitle 75% of the programmes and have at least two hours a week of language interpretation of signs.

3. Visually impaired persons have the right to have at least two audio-described hours of the week in the open, state or regional coverage of the audiovisual media.

4. Public authorities and providers shall encourage the full enjoyment of audiovisual communication for persons with disabilities and the use of good practice to prevent any discrimination or negative impact on such persons.

In order to ensure the quality of the service and the satisfaction of the target persons, the providers of the audiovisual media service must, in the application of the accessibility measures, comply with the rules techniques in force at any time in relation to the subtitling, the issue in the language of signs and the audio-description. Audiovisual media service providers may use, except for the RTVE Corporation, sponsorship to cover accessibility measures.

5. Audiovisual media service providers shall endeavour to provide in their broadcasts a standardised, standardised, respectful and inclusive image of people with disabilities, as an enriching manifestation of human diversity, avoiding spreading stereotyped, biased perceptions or the product of social prejudices that might subsist. Likewise, they will ensure that their appearance in the programming is proportional to the weight and participation of these people in the society as a whole.

Article 9. The right to participate in the control of audiovisual content.

1. Any natural or legal person may request the competent audiovisual authority to check the adequacy of the audiovisual content with the current system or the self-regulatory codes.

The authority, if deemed appropriate, will dictate recommendations for better compliance with current regulations.

2. Where the competent audiovisual authority appreciates that an apparently unlawful content has been issued, it shall give an audience to the service provider involved and, where appropriate, to the person who requested the intervention of the authority.

The competent audiovisual authority may reach agreements with the service provider to modify the audiovisual content or, where appropriate, to end the issue of the illegal content. The effective implementation of the agreement by the provider shall terminate the sanctioning procedures which have been initiated in relation to the audiovisual content covered by the agreement in the case of acts which may constitute minor infraction. The recidivism for an analogous behaviour within 90 days shall be considered as a serious infringement.

3. Where the audiovisual content contradicts a self-regulatory code entered into by the provider, the authority shall require the latter to immediately adjust the content to the provisions of the code or the completion of its emission.

4. The competent audiovisual authority shall carry out actions aimed at articulating the relationship of the providers of the audiovisual media service with the victims of particularly serious events.

5. The forecasts contained in this Article are without prejudice to the specificities arising from the rules on penalties imposed by the Autonomous Communities.

CHAPTER II

The rights of audiovisual media service providers

Section 1. Freedom in the editorial direction, the right of access and the right to self-regulation

Article 10. The freedom to provide the audiovisual media service.

1. The providers of the audiovisual media service have the right to set the editorial direction by selecting the contents and determining the time schedules.

2. Audiovisual media service providers have the right to organise their content through a channel or a catalogue of programmes.

3. The freedom to provide the audiovisual media service shall be exercised in accordance with the obligations which, as a service of general interest, are inherent in the audiovisual communication and the provisions of the audiovisual legislation.

4. The providers of the audiovisual communication service shall provide access to the documentation, facilities and equipment to the competent authorities for compliance with the rules in force.

Article 11. The right of access to electronic communication services.

Audiovisual media service providers have the right to access electronic communication services for the issuance of channels and program catalogues with the limitations derived from their capabilities. In addition to the requirements of the sector, the Commission will be required to provide the Commission with the necessary information. The terms and conditions of such access shall be freely agreed by the parties.

Article 12. The right to self-regulation of the audiovisual media service provider.

1. The providers of the audiovisual media service have the right to approve codes in which the content of the audiovisual communication and the rules of professional diligence for their preparation are regulated.

Such codes should provide for claims resolution mechanisms that can be provided with prior, individual or collective self-control instruments.

2. Where a provider approves a code alone, or in collaboration with other providers, or adheres to an existing code, it must communicate it to the competent audiovisual authorities and to the representation and consultation body. the consumers who correspond according to the territorial scope in question. For State-owned providers, that body is the Consumers and Users Council. The audiovisual authority shall verify compliance with the rules in force and there shall be no contradictions in its publication.

3. The audiovisual authorities must ensure compliance with the codes and, among them, the Code of Self-Regulation of Television Content and Children.

4. The codes of self-regulation must comply with the rules on antitrust. The functions of the audiovisual authority for the purposes of paragraph 2 of this Article are without prejudice to the powers of review of the competition authorities in this respect.

Section 2. The right to do business communications

Article 13. The right to create commercial communication channels and self-promotion programs or ads.

1. The private providers of the audiovisual media service have the right to create channels dedicated exclusively to broadcasting advertising messages and television messages. The messages referred to in the above programmes are subject to the general arrangements provided for in this section, except as regards the time constraints for the advertising messages referred to in Article 14 and the specific rules on advertising.

Television advertising and teleshopping should be easily identifiable as such and distinguished from editorial content.

2. Audiovisual media service providers have the right to issue programmes that inform their programming or announcements of their own programmes and ancillary products directly derived from such programmes.

These programs and advertisements will not be considered commercial communication for the purposes of this Law. However, for television audiovisual communication, the time spent on advertising on their own programmes and products may not exceed 5 minutes per hour of the clock and its contents shall be subject to the obligations and Prohibitions established in general for commercial advertising.

Article 14. The right to issue advertising messages.

1. Providers of the audiovisual media service, whether they are radio, television or related services and interactive, have the right to issue advertising messages.

Television audiovisual media service providers can exercise this right by issuing 12 minutes of advertising messages per hour clock. Radio, related and interactive services have the right to issue advertising messages freely.

For the computation of those 12 minutes, only the set of advertising and teleshopping messages will be taken into account, excluding sponsorship and placement. Telepromotion shall also be excluded from the computation where the individual message of the telepromotion is clearly longer than that of an advertising message and the set of telepromotions does not exceed 36 minutes per day, not more than 3 minutes per clock time.

2. Both television advertising and teleshopping must be clearly differentiated from the programmes by means of acoustic and optical mechanisms in accordance with the general criteria laid down by the competent audiovisual authority. The sound level of the advertising messages cannot be higher than the average level of the previous program.

3. In the issue of advertising, tele-promotions and, in general, those forms of advertising other than television advertisements which, due to the characteristics of their broadcast, could confuse the viewer about their advertising character, Overlap, permanently and in a clearly legible manner, with transparency with the indication 'advertising'.

4. Television advertising messages must respect the integrity of the program in which it is inserted and the units that make it up.

The transmission of television films (excluding series, serial and documentary films), feature films and television news programmes may be interrupted once for each planned period of 30 years. minutes. In the case of children's programs, the interruption is possible once for each uninterrupted period of thirty minutes, if the program lasts for more than thirty minutes.

Broadcasting of sports events on television will only be interrupted by isolated advertising messages when the event is stopped. In such retransmissions, whether or not they have autonomous parts, advertising messages may be inserted as long as they permit further development of the event.

No television advertising or teleshopping will be inserted during religious services.

Article 15. The right to issue sales messages.

1. The providers of the audiovisual media service have the right to issue sales messages on television. The television broadcasting of these messages must be carried out in accordance with the terms set out in the previous article and in the specific rules on advertising.

2. Audiovisual media service providers have the right to issue teleshopping programmes provided that they have an uninterrupted duration of at least 15 minutes.

Article 16. The right to sponsorship.

1. Audiovisual media service providers have the right to have their programmes sponsored, except for current information content programmes.

2. The public should be clearly informed of the sponsorship at the beginning, at the beginning of each resumption after the cuts that occur or at the end of the program by the name, the logo, or any other symbol, product or service of the sponsor.

3. Sponsorship cannot condition editorial independence. Nor can it directly incite the purchase or lease of goods or services, in particular by means of specific promotional references to them.

In addition, sponsorship may not affect the content of the sponsored audiovisual program or communication or its broadcast schedule in such a way that the responsibility of the media service provider is affected. audiovisual.

Article 17. The right to product placement.

1. The audiovisual media service providers have the right to issue feature films, short films, documentaries, films and television series, sports programmes and entertainment programmes.

In all other programmes only the product placement may be made in exchange for the free supply of goods or services, as well as material aids to production or prizes, with a view to their inclusion in a program.

2. Where the programme has been produced or commissioned by the service provider or one of its subsidiaries, the public should be clearly informed of the site of the product at the beginning and end of the programme, and when it is resumed after a break advertising.

3. The site cannot condition editorial independence. Nor can it directly incite the purchase or leases of goods or services, make concrete promotions of these or give undue prominence to the product.

4. Product placement in children's programming is prohibited.

Article 18. Commercial communications prohibited in any of its forms.

1. In addition to the provisions of Law 34/1988 of 11 November 1988, General Advertising, in relation to unlawful advertising, any commercial communication which infringes human dignity or promotes discrimination on grounds of sex, race or ethnic origin, nationality, religion or belief, disability, age or sexual orientation. All advertising using the image of the woman in a vexatious or discriminatory nature is also prohibited.

2. Covert commercial communication and use of subliminal techniques are prohibited.

3. Commercial communication that encourages harmful health behaviors is prohibited.

In any case it is forbidden:

(a) Commercial communication of cigarettes and other tobacco products, as well as of the companies that produce them.

(b) Commercial communication of medicinal products and medical devices which contravene the provisions of Article 78 (1) and (5) of Law 29/2006 of 26 July of Guarantees and the National Use of Medicinal Products and Products Sanitary.

c) Commercial television communication of alcoholic beverages with a higher level of twenty degrees.

(d) Television commercial communication of alcoholic beverages with a level of less than 20 degrees when emitted outside the time frame between 20.30 hours and 6 hours the following day, unless such advertising forms the indivisible part of the acquisition of rights and the production of the signal to be disseminated.

e) Commercial communication of alcoholic beverages with a level of less than twenty degrees when directed to minors, encourages immoderate consumption or associates consumption with improvement of physical performance, social success or health.

4. Commercial communication encouraging harmful behaviour for the environment is prohibited.

5. Commercial communication that encourages harmful behaviors for the safety of people is prohibited.

6. Commercial communication of a political nature is prohibited, except in the cases provided for by the Organic Law 5/1985 of 19 June of General Electoral Regime.

7. Audiovisual commercial communication is also subject to the prohibitions laid down in the rest of the rules on advertising.

Section 3. The exclusive hiring of the broadcast by television of audiovisual content

Article 19. The right to contract the exclusive broadcast of audiovisual content.

1. The providers of the audiovisual media service have the right to contract audiovisual content for broadcast or coded, reserving the decision on the time of issue, without prejudice to the provisions of the regulations Regulation of professional sports competitions.

2. The exclusive right of issue shall not be exercised in such a way as to deprive a substantial part of the public resident in another Member State of the possibility of following events of general interest to society.

3. The exclusive right of issue cannot limit the right to information of citizens. The providers of the audiovisual media service who have exclusively engaged in the issue of an event of general interest to the company must allow the other providers to issue a brief summary of the information in question. reasonable, objective and non-discriminatory conditions. This service shall be used only for general information programmes and may only be used in on-demand audiovisual communication services if the same communication service provider offers the same deferred programme.

No consideration shall be required when the information summary on an event, unit set of events or sports competition is issued in an information, deferred and with a duration of less than three minutes. The exception for consideration does not, however, include the costs necessary to facilitate the preparation of the information summary.

The audiovisual media service providers can access, in the approved zone, the spaces in which such an event is held.

4. In the event that the event organizer is not established in Spain, the obligation of access will fall on the holder of the exclusive rights that will assume the live broadcast.

Article 20. The power to exclude the coded emission of events of general interest to society.

1. The State Council of Audiovisual Media must decide by means of a reasoned decision a catalogue with a biennial validity in which events of general interest for the society which are to be broadcast on television in the open and with coverage are collected. state.

In doing so, it will also be determined whether events should be transmitted in whole or in part live, or if necessary, for reasons of public interest, in whole or in part in deferred.

Events of general interest for the society that may be included in the catalogue will have to be chosen from the following list:

a) The Winter and Summer Olympics.

b) The official matches of the absolute Spanish football and basketball team.

(c) The semi-finals and the final of the football championship and the football World Cup.

d) The final of the Champions League and the Copa del Rey football.

e) One match per day of the Professional Football League of the First Division, designated by it at least 10 days in advance.

f) Great motorsport awards to be held in Spain.

g) Great Motorcycling Awards to be held in Spain.

h) Participation of the Absolute Spanish Selection at the European and Handball World Championships.

i) The Cycling Tour of Spain.

j) The Cycling World Championship.

k) The Spanish participation in the Davis Cup tennis.

l) The participation of Spanish tennis players in the semifinals and the final of Roland Garros.

m) Spanish participation in the World Championships and Europe of athletics and swimming.

n) Major national and international awards or competitions to be held in Spain and with state or regional public grant.

Exceptionally and by a two-thirds majority, the State Audiovisual Media Council may include in the catalogue other events that it considers to be of general interest to society.

The catalogue and the measures for its implementation must be notified by the State Council of Audiovisual Media to the European Commission.

2. Where one of these events is contracted for the exclusive broadcast by a provider of the audiovisual media service which broadcasts all its coded programming, it may choose to issue live and open the event or to sell it to another provider for the open issue and the price fixed by auction between the providers concerned. In the event that it does not receive any offer, the holder of the exclusive broadcast rights is obliged to issue the event in open, either live or deferred.

3. Where one of those events is contracted for the exclusive issue by a provider of the audiovisual media service which is open in an area of coverage lower than the State, it shall retain the exclusive right of issue for its scope of coverage. However, it must be sold to a State-owned service provider or to a number of providers covering the entire territory, the open and direct issue for the rest of the State territory, at a price fixed by auction between the parties concerned. Where there are no offers, it shall retain its right to issue exclusively in its scope of coverage.

4. Where one of those events is not contracted for its television audiovisual communication, the rightholder shall sell the right of issue in open and direct with state cover at a price fixed by auction between the interested.

Article 21. Purchase of exclusive rights to regular Spanish football competitions.

1. The establishment of the system for the acquisition and exploitation of the audiovisual rights of regular Spanish football competitions shall be governed by the principle of freedom of enterprise within the framework of the assessment system established by the European and Spanish competition rules.

The contracts for the acquisition of the rights of football competitions may not exceed 4 years. The contracts in force from the entry into force of this Law shall remain valid until their completion.

2. The sale to providers of the audiovisual media service of the rights referred to in the previous paragraph must be carried out under conditions of transparency, objectivity, non-discrimination and respect for the rules of competition, in the terms established by the various pronouncements which the Spanish and European competition authorities carry out at any time.

TITLE III

Basic standards for the regulation and coordination of the Audiovisual Communication Market

CHAPTER I

Basic legal framework for the provision of audiovisual media services in a transparent and plural market

Section 1. The services of audiovisual communication as services of general interest

Article 22. Legal status of audiovisual media services of general interest.

1. Radio audiovisual, television and related audiovisual communication services are services of general interest that are provided in the exercise of the right to free expression of ideas, the right to communicate and receive information, the right to participate in political and social life and the right to freedom of enterprise and within the promotion of equality, plurality and democratic values.

2. The provision of the service requires strong communication to the competent audiovisual authority prior to the start of the activity.

3. Where such services are provided by terrestrial hertzian waves, they shall require prior licence issued by the competent audiovisual authority.

In the area of state coverage, competition for the granting of licences, including terrestrial digital broadcasting and average wave, corresponds to the government, without prejudice to the participation of the European Communities. Autonomous. To this end, the Government will establish, in agreement with the Autonomous Communities, the mechanisms of collaboration and cooperation that will ensure the participation of the Autonomous Communities in the planning of audiovisual licences in the field. state.

For the provision of the television communication service, local licences may cover one or more neighbouring municipalities and, where appropriate, a full island area.

The granting of a local-level television licence does not entitle the broadcaster to other authorised entities for more than 25% of the total weekly time, even if it is a different time. In no case can this percentage concentrate on the 21 to 24 hour schedule.

The issuance of programs that have been co-produced or produced in a syndicated manner by local television communication service providers shall not be considered as a chain broadcast. The percentage of minimum syndication for the application of this assumption will be 12% of the total project.

4. The right of supply chain provided for in this Article is without prejudice to the full competence of the Autonomous Communities in relation to providers who have obtained licences in their respective territorial areas.

5. The right of radio communication service providers to broadcast part of their network programming is recognised, where the same provider has obtained licences in a number of territorial areas or has reached agreements with others. licence holders in one or more Autonomous Communities, without prejudice to the legal or concessional obligations to which they may be subject in the various Autonomous Communities.

Article 23. Prior communication.

1. The regulatory procedure for prior communication shall be the procedure laid down by the Government and the Autonomous Communities within the framework of their respective competence.

2. Prior communication will produce no effect in the following cases:

(a) When it is performed by whom, having already made prior communication, or obtained a prior license for any scope of coverage, has been sanctioned with the deprivation of its effects or with its revocation in the two previous years by firm administrative resolution.

(b) Where it is carried out by those who have provided audiovisual services in another Member State of the European Economic Area, they have prohibited their activities for the last two years for being against the principles and values of the European Convention on Human Rights or the provisions of European legislation on the protection of minors.

3. Where the audiovisual service provided is for payment, the coding system shall be approved by the Audiovisual Authority.

Article 24. Legal regime for audiovisual licences.

1. The licence shall specify the area of territorial coverage of the issue, the number of channels, the multiplex allocated and whether it shall be open or conditional access by payment.

Conditional access systems and services used to access the digital terrestrial television service in payment mode by conditional access must be open, with the application of the Article 24 of the Regulation on electronic communications markets, access to networks and numbering, approved by Royal Decree 2296/2004 of 10 December 2004.

2. The award of a licence has been granted for the granting of private use of the public radio domain in accordance with the planning established by the State. Technological improvements which will allow greater use of the public domain for audiovisual communication will not be able to exceed the conditions laid down in the licence, and in particular to enjoy a greater number of channels of payment or open whose issue would have been enabled.

3. It shall be possible to exploit channels with full or partially paid content provided that radio spectrum occupancy is less than or equal to 50% of the spectrum set allocated. In any case, the coding system shall be approved by the Audiovisual Authority. This type-approval system shall be regulated, clear, unambiguous, impartial, transparent and proportionate.

4. If, pursuant to Article 22 of this Law, one or more licence holders for the provision of a State-wide radio audiovisual communication service decide to issue a chain, they shall communicate it to the Audiovisual Authority and to register such decision in the State Register of providers of the audiovisual media service without prejudice to the provisions of Article 22.3.

Article 25. Requirements to be the holder of an audiovisual communication licence.

To hold a license you will need to meet the following requirements:

1. In the case of natural persons, having the nationality of a Member State of the European Economic Area or that of any State which, in accordance with its internal rules, recognises this right to Spanish citizens.

2. In the case of legal persons, having established their registered office in a Member State of the European Economic Area or in any State which, in accordance with its internal rules, recognises this right to Spanish companies.

3. The holder must have a representative domiciled in Spain for the purpose of notifications.

4. In the case of legal persons, the participation in their share capital of natural or legal persons from countries other than members of the European Economic Area shall comply with the principle of reciprocity.

In addition, the individual participation of a national natural or legal person from countries other than members of the European Economic Area may not directly or indirectly exceed 25% of the share capital. In addition, the total shares in the same legal person of a number of natural or legal persons of nationals of countries other than members of the European Economic Area shall be less than 50% of the share capital.

Article 26. Limitations for audiovisual public order reasons.

1. In no case shall the natural or legal persons who are in any of the following circumstances be entitled to a licence:

(a) Those who, having been the holders of a licence or a prior communication for any scope of coverage, have been sanctioned with their revocation or with the deprivation of their effects in the last two years prior to the application by firm administrative resolution.

(b) Those companies in whose share capital they have a significant or, where appropriate, controlling, direct or indirect participation, persons in the previous situation.

c) Those who have provided audiovisual services in another Member State of the European Economic Area have prohibited their activities for the last two years for being against the principles and values of the Convention. European Human Rights or the provisions on the protection of minors in European and Spanish legislation.

(d) Those persons who are involved in any of the prohibitions to contract as provided for in Article 49 of Law 30/2007 of 30 October of Public Sector Contracts.

2. The prior communication for the provision of an audiovisual media service which has been submitted by a natural or legal person in one of the circumstances set out in paragraph 1 shall not produce any effect.

Article 27. Competitions for the granting of licences for the provision of audiovisual services.

1. The competitions for the granting of licences for the provision of audiovisual services shall be governed by Law 33/2003 of 3 November of the Heritage of Public Administrations, in the absence of this Law as well as, in its respective areas of competence, as provided for in the autonomic development legislation.

2. All available licences of the same nature and the same coverage area shall be offered simultaneously, and upon confirmation of sufficient radio space. However, in the context of the provisions of the National Technical Plan for the Offer of Licences, where appropriate, when a single licence has been released, the competent authority shall proceed to convene the tender for their award within a maximum of three months without waiting for the release of further enabling securities.

3. The call for tenders shall specify for each licence the conditions for the provision of the service. The act of granting the licence shall specify the conditions which are essential to it.

4. No later than six months after the planned reserve of public radio has been planned without the competent authority having requested its affectation to the public radio and television broadcasting service, or determined by its destination for the communication service of general interest, any interested party may propose to call the corresponding contest.

12 months after a reservation of radio public domain has been planned without the competent authority having requested its affectation to the public radio and television broadcasting service, or convened the relevant competition, and without any interested party having called for such a call, that reservation shall lapse and be automatically excluded from the radio schedule.

5. The competent authority shall, within a period of up to three months after the expiry of the licence, call for a tender for the award of licences of the same nature which, where appropriate, have become vacant. On the expiry of that period, any interested party shall be entitled to call for the call, which shall take place before the deadline set by the implementing rules from the submission of the application.

Article 28. Duration and renewal of audiovisual licences.

1. The audiovisual licences shall be granted for a period of 15 years.

2. The successive renewals of the licences shall be automatic, and for the same period initially stipulated for their enjoyment, provided that:

(a) The same conditions are satisfied as to be the holder of the service and those laid down for the provision of the service have been met.

(b) There are no overcome and insurmountable technical barriers to the spectrum of the licences concerned.

(c) The service holder is current in the payment of the fees for the reservation of the radio public domain, and of those provided for in this Law.

3. Exceptionally, the automatic renewal of the licence provided for in the preceding paragraph shall not take place and shall be awarded on the basis of free competition in the event of the following requirements:

a) That the radio spectrum is exhausted.

b) That there is a third party or third party that intends to grant the license.

c) That they have requested it with a deadline of at least 24 months in respect of the due date.

d) That the applicant or the applicants meet the same requirements as were taken into account for obtaining the license by the successful tenderer or the successful tenderer.

The competition for the award of the license in concurrency will have to be resolved within the maximum period of six months, and in the bases of the call it must include the experience of the concurrent ones, their solvency and the the means by which they are used for the exploitation of the licence, as criteria to be taken into account in the award.

Article 29. Legal business on audiovisual communication licences.

1. The holding of legal businesses the subject of which is an audiovisual communication licence shall require prior authorisation from the competent audiovisual authority and shall be subject, in any case, to the payment of a fee to be determined by the Government, for state-wide licences, or for the Autonomous Communities, for the rest of the cases. Such authorisation may be refused only if the applicant fails to provide proof of compliance with all the conditions laid down in law for obtaining it or not subrogated to the obligations of the previous holder.

2. The transmission and lease shall also be subject to the following conditions:

(a) For the conclusion of both legal businesses, at least two years must have elapsed since the initial award of the licence.

b) Where they are carried out with natural or legal persons from countries other than members of the European Economic Area, they shall be subject to the principle of reciprocity and shall pay the legally established fee. In accordance with the provisions of the Treaties and International Conventions of which Spain is a party, and subject to the report of the competent audiovisual authority, the Council of Ministers or the competent authority of the Autonomous Community may authorise exceptionally and for reasons of general interest an operation where that principle is not satisfied.

(c) Where the licence is awarded for a complete multiplex or two or more channels, no more than 50 per 100 of the capacity of the licence may be leased. The lease shall respect the provisions of Article 24 (3) relating to the use of the multiplex radio spectrum and the operation of channels with full or partial payment content.

In all cases, only the channel lease will be authorized if the lessee previously credits compliance with all legally established conditions for obtaining the license.

d) In any case, subsweeping is prohibited.

e) To the fulfillment of the offer by which the license was awarded.

Article 30. Extinction of audiovisual licences.

1. The licence shall be extinguished for the period for which it was granted without the renewal of the licence, due to the termination of the legal personality of its holder except in the case of mergers or mergers, death or incapacity for the holder to be withdrawn, for revocation, for the resignation of the holder and for not having paid the fees for the provision of the audiovisual media service.

2. Without prejudice to the provisions of Law No 30/1992 of 26 November 1992, in respect of the ex officio review of administrative acts, the licence may be revoked for not having been used within 12 months of the legal obligation of the start the emissions, have done so for different purposes and modalities for which it was granted, or for a firm administrative sanction in accordance with the provisions of this Law.

3. Where companies incur the assumption provided for in Article 26.1 (b) of this Law, the renewal of the licence shall not be carried out on the grounds of the acquisition by a third party of a significant or, where appropriate, controlling interest, if such the acquisition has been made with the intention of harming the concessionary company by making its license revocable.

In any event, the injurious intent shall be presumed when the decision to acquire the holding has not been immediately and effectively communicated to the management body of the company, which may not be a party to the acquirer, per se or per representative.

Once the acquisition is known, the company may exercise, within three months, the right of retraction on the acquired participation for the same price as it would have been. Acquired participation, the company will have one year to dispose of it or, if not, write down it by reducing the share capital.

Article 31. Exploitation of electronic communication networks and audiovisual media services.

1. Providers of the electronic communications service shall ensure the right of access to providers of the audiovisual media service and independent producers in accordance with the provisions of the telecommunications legislation and the technical capabilities of your network.

2. Similarly, providers of the electronic communications service shall ensure the technical possibility of transmitting image and sound under conditions that allow for effective interactivity.

3. For its part, and in order to ensure the maintenance of information and audiovisual pluralism, the Spanish Radio and Television Corporation will guarantee the transfer of its radio and television channels to providers of broadcasting services. for cable, satellite and Internet protocol (IPTV) television, without economic consideration between the parties.

The licensees of the state-wide audiovisual media services will also facilitate the transfer of their main channels of television in the open, subject to negotiation to fix the agreed economic consideration. between the parties.

4. Providers of the electronic communication service may also be providers of audiovisual communications, subject to this Law as providers of this service.

Article 32. Community non-profit audiovisual media services.

1. Private entities which have the legal status of non-profit entities may provide non-profit Community audiovisual media services in order to meet the specific social, cultural and communication needs of communities and social groups, as well as to encourage the participation of citizens and the vertebrate of associative tissue. In any case, such content shall be broadcast in open and without any commercial audiovisual communication.

2. The General Administration of the State should ensure, in any event, the availability of the radio public domain necessary for the provision of these services.

3. The provision of such services requires prior authorisation. This title shall set out the conditions to ensure its non-profit nature, with the possibility of establishing the shared use of the same channel as well as the conditions of such use.

4. The award of the licence has been granted for the granting of private use of the public radio domain available for the provision of the service. The General Administration of the State shall enable the radio public domain necessary for the provision of these services.

5. The licence shall in no case lose its original character of a non-profit Community audiovisual communication service and shall not be subject to a transfer or lease.

6. The entities providing these services shall justify the origin of their funds, as well as the breakdown of expenditure and revenue, if any. The audiovisual authority shall establish a financial management assessment system and a specific register for the deposit of its economic memory. Unless the audiovisual authority expresses its express approval for its annual operating costs, it shall not exceed EUR 100 000 in the case of television audiovisual media services and EUR 50 000 in the case of the services of radio audiovisual communication.

7. The entities holding the non-profit audiovisual media services shall be required to credit the payment of any fees, fees or charges arising from their activity.

Article 33. Records of providers of the audiovisual media service.

1. The providers of the audiovisual communication service shall be registered in a public or regional register of a public nature, taking into account the relevant scope of coverage of the issue.

2. In this Register, the holders of significant shares in the providers of the audiovisual media service shall also be registered, indicating the percentage of capital they hold.

For the purposes of the provisions of this Law, significant participation is understood to represent, directly or indirectly:

a) 5% of the share capital,

(b) 30% of the voting rights or lower percentage, if you are to designate within 24 months of the acquisition a number of members representing more than half of the members of the administrative body of the society.

In accordance with commercial law, shares or other securities owned or acquired by entities belonging to the same group of companies shall be deemed to be owned or acquired by the same natural or legal person. companies in a concerted way or forming a unit of decision, or by persons acting in their own name but on behalf of that unit.

3. The State Register of audiovisual media service providers, under the State Council of Audiovisual Media, is hereby established. The organisation and operation of such a register shall be established.

4. The competent audiovisual authorities of the State and the Autonomous Communities shall be responsible for ensuring the necessary coordination between the State Register and the regional registers and facilitating access by telematic means to the working data set on the same.

Section 2. New Forms of Audiovisual Communication

Article 34. Television in mobility.

1. The provision of the television audiovisual communication service in mobility and related services shall require a licence on the same terms as the providers of the audiovisual media service, in particular as regards Title II, Chapter I. As a criterion for the accreditation of the solvency of candidates in the award competitions, the accumulated experience as providers of the audiovisual communication service shall be taken into account.

2. The planning of the radio public domain for the allocation of television audiovisual communication services in mobility should ensure that a part of the spectrum resources is reserved for audiovisual public services.

3. The presence of channels with the production of specific content adapted to the peculiarities of the television in mobility will be enhanced. At least 10% of the content shall be adapted to the specificities of the television in mobility derived from the size of the screens of the receiving terminals.

4. The emission and reception shall in any event comply with the standards laid down for the territory of the European Union.

Article 35. Television in High Definition.

1. The providers of the audiovisual media service may broadcast television in high definition resolution. Such emission shall be compatible with standard resolution programmes within the allocated capacity limit.

2. The emission and reception shall in any event comply with the standards laid down for the territory of the European Union.

Section 3. Rules for the maintenance of a competitive, transparent and plural audiovisual market

Article 36. Pluralism in the Television Audiovisual Market.

1. Natural and legal persons may be holders at the same time of social participation or voting rights in different providers of the television audiovisual communication service.

2. However, no natural or legal person may acquire significant participation in more than one provider of the state-wide television audiovisual media service, where the average audience for all the channels of the State-level providers considered to be more than 27% of the total audience for the 12 consecutive months prior to the acquisition.

3. The excess of 27% of the total hearing after the acquisition of a significant new stake will have no effect on the holder of the new significant holding.

4. The social contributions or voting rights of natural or legal persons from countries other than members of the European Economic Area shall be subject to compliance with the principle of reciprocity. In the event of an increase in the shares which, at the entry into force of this Law, are held by natural and legal persons from countries other than members of the European Economic Area, the total percentage held in the capital The social media service provider shall, at any time, be less than 50% of the service provider.

5. No natural or legal person may acquire significant participation or voting rights in more than one provider of the television audiovisual media service:

(a) Where the providers of the State-wide audiovisual media service accumulate rights of use over the public radio domain, as a whole, to the technical capacity corresponding to two channels multiplex.

(b) Where the providers of the audiovisual media service at regional level accumulate rights of use over the public radio domain, as a whole, to the technical capacity corresponding to a channel multiplex.

(c) No natural or legal person holding or participating in the social capital of a provider of the state-wide television audiovisual media service may acquire significant participation or voting rights in the capital of another service provider of the same service, where this would prevent the existence of at least three private providers other than the television audiovisual media service at the State level, ensuring respect for pluralism information.

Article 37. Pluralism in the Radio Audiovisual Market.

1. The same natural or legal person may not, under any circumstances, directly or indirectly control more than 50% of the administrative licences of the terrestrial sound broadcasting service which are substantially in line with the coverage. In any case, the same natural or legal person shall not be able to control more than five licences in the same coverage area.

2. In the same Autonomous Community no natural or legal person may control more than 40% of existing licences in areas where only one licence is covered.

3. No natural or legal person may directly or indirectly control more than one third of all the licences of the terrestrial sound broadcasting service with full or partial coverage throughout the territory of the State.

4. In order to limit the number of licences whose control may be carried out, when accounting for these limits, the sound broadcasting stations managed directly by public entities shall not be counted. For the purposes set out in this Article, it shall be understood that there is control when the cases referred to in Article 42 of the Trade Code are given.

5. The above limits shall be applied independently of the licences for the issue with digital technology and the licences for the emission in analogue technology.

CHAPTER II

Freedom of reception for audiovisual media services provided from outside Spain

Article 38. Freedom of reception of services provided within the European Economic Area.

1. Freedom of reception is guaranteed throughout the Spanish territory of audiovisual services, the holders of which are established in a Member State of the European Economic Area, provided that they do not technically interfere with the the providers established under Spanish jurisdiction. In the context of the European Convention on Transfrontier Television and to channel the right to cultural and linguistic diversity at European level, in all areas bordering a country of the European Union, the issue and reception will be possible. of programmes disseminated through Hertzian waves, ensuring appropriate radio spectrum planning in cross-border areas.

The state competent audiovisual authority, exceptionally and in accordance with the provisions of Article 2a of Directive 89/552, may limit such freedom of reception when audiovisual services are in breach of the provisions of Directive 89/552. in a serious and repeated manner the provisions of the Spanish legislation on the protection of minors. Furthermore, if the audiovisual media service is on request, the freedom of reception may be limited for reasons of order, safety or public health, or to protect consumers.

2. The accreditation of such measures shall be carried out by means of the instruction of the relevant file by the state competent audiovisual authority.

However, before such measures are taken, the Commission and the State to whose jurisdiction the service provider is subject shall be notified of its intention to take action. In the event of a negative decision, the measures in question must be put to an urgent end.

Article 39. Audiovisual Communication Service directed entirely or mainly to the Spanish territory.

The state competent authority may adopt measures to safeguard Spanish legislation, in accordance with the procedure laid down in the previous article, when the provider of an audiovisual media service established in another State of the European Union, directs its total service or mainly to the Spanish territory.

TITLE IV

Public service providers of the Audiovisual Communication service

Article 40. Public service of audiovisual communication.

1. The public service of audiovisual communication is an essential service of general economic interest that has as its mission to disseminate contents that promote constitutional principles and values, contribute to the formation of a public opinion plural, to publicise the cultural and linguistic diversity of Spain, and to disseminate knowledge and the arts, with a special impact on the promotion of an audiovisual culture. The public service providers of audiovisual communication shall also address those citizens and social groups which are not eligible for the majority programming.

In compliance with the tasks set out in the previous paragraph, the public audiovisual media service aims at the production, editing and dissemination of a set of radio, television and service channels. Online information with diverse and balanced programming for all types of public, covering all genres, aimed at satisfying the needs of information, culture, education and entertainment of society and to preserve pluralism in the media.

The entities that provide the public audiovisual communication service and its lending companies may not give to third parties the production and editing of the information programs and those that expressly determine the mandates the framework for each entity to be approved in the development of the relevant competence framework.

Likewise, they will boost their programming production in a way that covers most of the programs broadcast on the general networks.

2. The State, the Autonomous Communities and the Local Entities may agree to provide the public audiovisual media service in order to issue open-channel or thematic channels.

3. The broadcasting of the public service of audiovisual communication by terrestrial hertzian waves of a Community or Autonomous City on another border and with linguistic and cultural affinities may be carried out whenever they agree with the agreement, and there is reciprocity.

Article 41. The audiovisual public service function and its control.

1. The general objectives of the public service function shall be set for a period of nine years. Its development and implementation for each and every one of its channels, will be carried out for shorter periods, by means of the subscription by the State and the Autonomous Communities, in their respective fields of competence, of the corresponding contracts. The programme, in particular by identifying the public service content, in particular the percentages of programming genres, to be issued on the channels managed by the same provider.

For these purposes, within the maximum and unextendable period of 180 days from the entry into force of this Law, the Government will subscribe to the RTVE Corporation for the corresponding program in which the television offer will be detailed. Such an offer shall take full account of the public service obligations laid down in Articles 2 and 3 of Law 17/2006 of 5 June of the State-owned Radio and Television as well as in Article 9 of Law 8/2009 of 28 January 2009. August, Financing of the Spanish Radio and Television Corporation and in the current provisions of the Framework Mandate to the RTVE Corporation approved by the General Cortes, on 11 and 12 December 2007.

In this contract program will be specified and singularized the organization and programming of the 2 of RTVE that, in any case, will have a concrete plan for the creation of the center of production of reference in Sant Cugat.

In addition to the television offer, the program contract will also include radio and the related and interactive services and online information, the programming of the Orchestra and Chorus and the Institute of Radio and Television Spanish.

Any provider of the public audiovisual media service shall have sufficient and necessary organisation and structure to ensure the fulfilment of the public service mission entrusted to it.

2. It is up to the General Courts, the regional parliaments, the competent audiovisual authorities and, where appropriate, the local government bodies, the control of the management and compliance of the public service function.

3. In particular, the competent audiovisual authorities will have to assess whether the new significant services to be included are in line with the public service remit entrusted and if they alter competition in the audiovisual market. During the evaluation, the various stakeholders must be heard, and their results should be published.

In addition, the audiovisual authority shall establish a procedure to enable it to intervene in the event of non-compliance with the public service function.

4. Public funding may not sustain activities or content outside the scope of the public service function.

By developing the general objectives of the public service function for each competent authority, the rules will be determined to establish the net cost of their compliance and to obtain the compensation to be incurred, as its return when it is excessive. Those criteria shall be specified in the relevant act of entrustment of the management of the public service.

Article 42. Limits for public service providers of audiovisual public ownership.

1. Public service providers of public audiovisual communication of public ownership shall not be able to participate in the social capital of private providers of the audiovisual media service.

2. The management of public service providers of public-owned audiovisual communication shall be managed in accordance with the criteria of business transparency.

3. The guiding criteria for the editorial direction of the public service provider of audiovisual communication shall be drawn up by an organ whose composition reflects the political and social pluralism of the scope of its coverage.

4. In the field of state coverage, the State will not be able to reserve or award public ownership providers more than 25 percent of the radio space available to the state television service, according to the plan. Corresponding National Technician.

In the case of state-wide radio stations, the State will not be able to reserve to state public service providers more than 35% of the radio space available for the broadcasting service, according to the corresponding National Technical Plan.

Article 43. Regulation of the financing of public service providers of audiovisual communication.

1. The State, the Autonomous Communities and the Local Entities shall determine, for their field of competence, the system of financing of their public audiovisual media service. Such a system must be compatible with the existing competition rules.

2. The services of general economic interest of radio, television, television, related and interactive of State ownership will not admit any form of audiovisual commercial communication, nor the broadcasting of audiovisual content in conditional access systems, without prejudice to the exceptions that their specific funding rules establish.

In order to facilitate its internal operation and in the interest of the economic efficiency of its management, the RTVE Corporation will be transformed into a single state mercantile company according to the forecasts contemplated in the Additional Disposition Fifth of this Law.

3. Public-owned television providers shall not be able to devote channels exclusively to commercial communication.

4. Public funding that exceeds the net cost of the service shall be reimbursed or shall be reduced from the budget compensation for the following financial year.

5. In order to quantify the net cost of the public audiovisual communication service, the providers of this service should be able to separate accounts for activities as well as to bring an analytical accounting system that separates the the allocation of revenue and costs of the public service activity, the commercial contents and the other activities. Similarly, the public service providers of audiovisual media should progressively proceed to the structural separation of their activities in order to guarantee transfer prices and respect for market conditions. All this in accordance with the provisions of Law 4/2007, of 3 April, of Transparency.

6. The net cost shall be the difference between the total costs of each public service provider and its other revenue other than compensation.

In revenue, detailed information on the sources and amounts of the derivatives of the public service activities and those that are not.

In costs, only expenses incurred in the management of the public service will be considered. Costs arising from non-public service activities shall be clearly identified and accounted for separately. The costs for the development of public service activities and those which are not costs shall be allocated proportionally. Those that are wholly attributable to public service activities, but which benefit from activities that are not, shall be allocated in full to the public service activity.

7. In the terms laid down by the European Commission on the application of the rules on State aid to public service broadcasting, public service providers of audiovisual media may not be able to sublist them. the prices of its commercial and service supply and the use of public compensation to overcome private competitors for emission allowances on high value content in the audiovisual market.

8. Providers of the public audiovisual media service may maintain reserves of up to 10 per 100 of the annual budget funding for the performance of the public service. The above reserves may be maintained only, subject to authorisation, in duly justified cases to cover public service needs. These reserves must be used within a maximum of four years. Reserves not used at the end of that period shall be taken into account for the calculation of the compensation during the following period. In any case, at the end of each four-year period, it shall be established whether an annual reserve level of more than 10 per 100 has been maintained, in which case the compensation for the public service provided shall be adjusted downwards.

9. The competent audiovisual authority shall determine a periodic monitoring procedure for public funding received by the public service providers of audiovisual communication, as well as the rebalancing measures necessary for its destination is the one set out in this Law.

TITLE V

The State Council for Audiovisual Media

CHAPTER I

Nature, purpose and legal regime

Article 44. Nature.

The State Council of Audiovisual Media is a public body of those provided for in the additional provision of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, with own legal personality and full capacity to act.

It will be attached to the Ministry of the Presidency.

Article 45. Finnish.

The State Council of Audiovisual Media as an independent supervisory and regulatory authority for the activity of the State's media or under its jurisdiction is intended to ensure and guarantee the Compliance with the following objectives:

(a) The free exercise of audiovisual communication in radio, television and related and interactive services under the conditions laid down in this Law.

b) The full effectiveness of the rights and obligations set out in this Law: in particular everything concerning the child.

c) The transparency and pluralism of the audiovisual media sector.

(d) The independence and impartiality of the state public sector of radio, television and related and interactive services, and the fulfilment of the public service mission entrusted to it.

Article 46. Legal regime.

The State Council for Audiovisual Media will also be governed by the provisions of this Law:

(a) By the provisions of Law 47/2003, of November 26, General Budget that are applicable to it. Each year it will draw up a preliminary draft budget with the structure established by the Ministry of Economy and Finance and forward it to the Ministry of the Presidency, for its elevation to the Government and its subsequent integration into the General Budget. of the State, through the Ministry of Economy and Finance.

b) By Law 30/2007, of October 30, of Public Sector Contracts.

(c) By Law 33/2003 of 3 November of the Heritage of Public Administrations and, as not provided for in it, by private law in their property acquisitions.

d) By the rules of labour law in the field of personal means. The selection of staff shall be carried out by public call and in accordance with systems based on the principles of equality, merit and capacity.

e) By Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and by the regulations that apply to it in the exercise of its public functions.

CHAPTER II

Functions

Article 47. Functions.

1. It is for the State Council of Audiovisual Media in the field of state-wide audiovisual activity to exercise the following functions:

(a) Adopt the precise measures for the full effectiveness of the rights and obligations set out in this Law, as well as of the European legislation that is required for the audiovisual sector.

b) Approve the catalogue of events of general interest to society, after consulting the providers of the audiovisual communication service and the organizers of the sports competitions.

c) Receive the activity-start communications of the audiovisual media service providers.

(d) to inform the tender documents of the competitions for the granting of audiovisual communication licences by the competent authority of the Government, and the various tenders submitted; likewise, the State Council of Audiovisual Media is competent to decide on the renewal of such licences, as provided for in Article 28, to authorise the conclusion of legal business on them and to declare them extinct, in accordance with the established in this Act.

e) The conduct of the State Registry of audiovisual media service providers.

(f) Verify the conditions of Articles 36 and 37 of the Law on the limitation of the acquisition of shareholdings between operators of the audiovisual media service and inform them when, as a result of the concentration operations, must be authorised by the National Competition Commission.

g) To certify the broadcast by the providers of the radio audiovisual communication service that they communicate, and to urge their registration, where appropriate, in the State Register of service providers audiovisual communication.

h) Velar for the maintenance of a competitive, transparent and reliable audiovisual market in the audience measurement systems, and plural.

i) To monitor the fulfilment of the service mission of the public service providers of audiovisual communication and the adequacy of the public resources allocated for this purpose.

j) Evaluate the effect of new technology entrants on the audiovisual market, and new significant services in relation to possible modifications to the definition and extension of the public service charge.

(k) Arbitrage, where this has been previously agreed by the parties, in disputes which may arise between providers of audiovisual media services, as well as in those which occur between producers audiovisual, content providers, channel holders and audiovisual media service providers. For these purposes, the ruling awards shall have the effect laid down in Law 60/2003 of 23 December of Arbitration; their review, annulment and enforcement shall be in accordance with the provisions of that Law.

l) Exercise the powers that this law confers on you in relation to cinema.

m) The exercise of sanctioning power in the terms provided for in this law.

n) To be in compliance with all provisions of this Law and to exercise the powers therein provided for to ensure the exercise of the rights and the fulfilment of the obligations recognized therein.

o) Velar for the promotion of media literacy in the audiovisual field in order to promote the acquisition of maximum media competence by the citizenry.

p) Exercise how many attributions this Law attributes to you and any other tasks entrusted to you.

2. The State Council of Audiovisual Media shall advise the General Courts, the Government, the regulatory bodies and, at their request, the independent audiovisual authorities in matters relating to the sector audiovisual.

In particular, it is up to the State Audiovisual Media Council:

a) Issue a previous report on projects and provisions that may affect the audiovisual sector.

b) Propose to the Government the elaboration of general provisions relating to audiovisual activity.

c) To issue annually to the Government and the Cortes General Report on the audiovisual sector

d) Develop studies, reports, statistical balances and opinions on matters of their competence on their own initiative or at the initiative of the General Courts or the Government on any of the subjects of their competence.

e) Inform precept in the proceedings initiated, by any regulatory body with a state scope that affects or may affect the audiovisual sector.

f) Develop an annual report on the level of media literacy, following the measurement indicators used by the European Commission or other indicators that the State Audiovisual Media Council itself can consider of interest.

3. The State Audiovisual Media Council may coordinate its activities with the European and regional audiovisual authorities, with which to this end it will sign collaboration agreements, with particular attention to the principle of efficiency and economy. administrative.

4. The State Council for Audiovisual Media will work with the administrations responsible for telecommunications and in particular with the State Radiocommunications Agency and the Telecommunications Market Commission.

Article 48. Powers and powers.

The State Audiovisual Media Council may:

1. To lay down the precise provisions and acts for the proper exercise of the powers conferred upon it by this Law and for the development of those rules which expressly enable it to do so. The provisions shall adopt the name "Instruction" where they are binding, and "Recommendation" otherwise.

2. Require the providers of the audiovisual communication service to provide the necessary data to verify compliance with their obligations. The information obtained shall be confidential and may not be used for purposes other than those provided for in the audiovisual legislation.

3. Carry out inspections, to the effect that the staff of the State Council of Audiovisual Media has the status of public authority.

4. Require the cessation of practices that contravene the provisions laid down in this Law and its implementing rules.

5. Adopt the provisional measures necessary to ensure the effectiveness of their decisions in the terms set out in Article 72 of Law 30/1992 of 26 November.

6. Instruct and sanction the conduct of the law as violations in this Law when they occur in the state audiovisual market.

CHAPTER III

Organization and guarantees of independence

Article 49. Management bodies.

1. The State Council of Audiovisual Media shall be composed of the Presidency, the Vice-Presidency and seven councils whose members shall be appointed by the Government through Royal Decree, on a proposal from the Congress of Deputies by a majority of three. (a) the number of persons of recognised competence in matters relating to the audiovisual sector in all its aspects.

However, in the first appointment of the directors if two months after the first vote in the Congress of Deputies is not reached the required majority of 3/5, this House will proceed to its Absolute majority designation.

The Council will make its decisions by simple majority. The President shall hold a vote of quality in the event of a tie.

The remuneration of the members of the Board shall be determined by the Ministry of Economy and Finance, in accordance with the rules governing the management of similar entities.

2. The State Council of Audiovisual Media shall adopt a Regulation of the Internal Regime determining the distribution of powers between the various bodies; the internal operating procedures; the procedures for the entry of the staff, as well as any questions relating to the operation and the arrangements for action are necessary in accordance with the provisions of this Law. Its organic structure will be determined by the Council of Ministers, by means of Royal Decree, on a proposal from the Ministry of the Presidency, prior to the State Council of Audiovisual Media.

3. It is for the Presidency of the State Audiovisual Media Council to perform the following functions:

a) The legal representation of the Agency.

b) Agree to the convening of the Council's ordinary and extraordinary sessions.

c) Directing and coordinating the activities of all management bodies.

d) Dispose expenses and order payments that correspond.

e) Celebrate contracts and conventions.

f) Play the top leadership of the staff.

g) Exercise the powers that the Council expressly delegates to it.

h) Chair of the Advisory Committee.

i) Exercise the other functions attributed to you by the current legal order.

4. It is for the Vice-Presidency: to replace the Presidency in the cases of vacancy, absence or illness and to exercise the functions delegated to it, as well as in the cases of resignation of the President until the appointment by the Congress of the Deputies from his replacement with the majority required by this Act.

In cases of vacancy, absence or illness, it will be replaced by the Counsellor, with greater seniority in office and, equal to seniority, by the oldest.

Article 50. Personal status.

1. The term of office of the members of the Council shall be six years, not renewable. If the end of his term of office occurs, his successor shall be appointed for the remainder of his term of office.

2. The Council shall be partially renewed every three years, by groups of four and five of its members, alternately.

3. Members of the State Audiovisual Council shall cease to be responsible for the following

:

a) Expiration from the term of your command.

b) Renunciation accepted by the Council.

(c) Separation agreed by the Council of Ministers and ratified by the Congress of Deputies by a majority of 3/5, on the basis of an examination of the relevant file, for permanent incapacity for the exercise of its function, Failure to comply with and breach of obligations.

d) For a firm conviction for a criminal offence.

4. The members of the Council shall exercise their position with exclusive dedication, absolute independence of the Governing Council and the operators of the sector.

5. The members of the Council shall be subject to the rule of incompatibilities of the High Charges of the General Administration of the State.

The status of a member of the Council shall also be incompatible with the maintenance of economic, direct or indirect interests, both in the specific sector of audiovisual communication and in the production or production industry. distribution of content for the same and its ancillary industries, as well as in the telecommunications or information society services sector. Such incompatibilities shall be enforceable during their term of office and up to two years after the date of their termination.

6. The Staff Regulations of the Ente shall be as provided for in Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Article 51. Advisory Committee.

1. The Advisory Committee is the public participation and advisory body of the State Audiovisual Media Council.

2. The Advisory Committee shall be chaired by the Chairman of the State Audiovisual Media Council who shall not have a vote on his reports.

The number of members of the Committee and the form of their appointment shall be determined by regulation. The members shall be appointed on behalf of the providers of the audiovisual media service at the State level, the organisations representing the audiovisual production sector and the advertisers, the most important trade unions. representative of the sector at the state level, of associations of defence of the users of audiovisual communication services, with accredited representation in the state, as well as of the Council of Consumers and Users.

3. The Advisory Committee of the State Audiovisual Media Council shall be convened every four months for the purpose of being regularly informed by the Council of the actions carried out by the Council. In any case, the Advisory Committee shall have the following powers:

(a) Report on the guidelines of audiovisual policy, the situation of the sector and the provision of programming for audiovisual media services;

b) To be consulted on the proposals for Council provisions and on the criteria for interpretation and application of the regime of infringements and penalties provided for in this Law.

c) Inform and advise at the request of the Council on all matters that are subject to their consideration;

(d) Elevate to the Council any reports and proposals it deems appropriate related to the functioning of the audiovisual sector.

4. The status of a member of the Advisory Committee shall not require exclusive dedication or remuneration.

Article 52. Financial and financial collateral.

1. The State Council of Audiovisual Media shall have its own and independent heritage of the State General Administration, which shall be determined by regulation.

State Audiovisual Media Council resources will be integrated by:

(a) The assets and securities that constitute the equity and the products and income of the equity and the proportionate and equitable fees that it receives for the performance of its activities or the provision of its services.

(b) Transfers which, under the State Budget, are carried out by the Ministry of the Presidency.

2. The revenue for each financial year shall be:

a) Cover losses from previous exercises.

b) The maintenance of their activity and the assets that make up their assets.

3. The economic and financial control of the State Audiovisual Media Council shall be carried out by means of periodic checks or audit procedures, in charge of the General Intervention of the State Administration, without prejudice to the functions corresponding to the Court of Auditors.

CHAPTER IV

Responsibility of the State Audiovisual Media Council

Article 53. Parliamentary control of the State Audiovisual Media Council.

The State Council of Audiovisual Media will submit annually to the General Cortes a report on the development of its activities and on the situation of the audiovisual market. The Presidency of the State Audiovisual Media Council will appear before the competent parliamentary committee to account for such a report, as well as how many times it is required to do so.

Article 54. Exhaustion of the administrative route and judicial review.

The provisions and acts which the State Council of Audiovisual Media dictates in the exercise of the administrative powers conferred upon it by this Law shall end the administrative path and shall be used in the administrative-litigation.

TITLE VI

Basic Sanctioning Regime

Article 55. General principles.

The infringement procedure in the audiovisual field shall be governed by the general principles laid down in Chapter II of Title IX of Law No 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Common Administrative Procedure and its regulatory development.

Article 56.

The Autonomous Communities shall exercise the powers of supervision, control and active protection to ensure compliance with the provisions of this Law and, where appropriate, the sanctioning power in relation to the services of audiovisual communication whose scope of coverage, whatever the means of transmission used, does not exceed their respective territorial limits. They shall also be competent in relation to audiovisual services the provision of which is carried out directly by them or by entities to which they have conferred their management within the relevant autonomic field.

Article 57. Very serious infringements.

These are very serious violations:

1. The issuance of content that manifests in a way that promotes hatred, contempt or discrimination on the grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance.

2. The issuance of commercial communications that violate human dignity or use the image of the woman in a vexatious or discriminatory manner.

3. Failure to comply with more than ten per cent of the duties of reserving the percentage of annual emission time allocated to European works and of early financing of European film, film and film production television, as well as documentaries and films and animation series, as set out in Article 5 (2) and (3).

4. The dissemination of the name, image or other data that allow the identification of minors in the context of criminal acts or in emissions that discuss their guardianship or affiliation.

5. The Commission twice in one day and in the same audiovisual communication channel of the serious infringement provided for in Article 58.6.

6. The provision of the audiovisual communication service without the corresponding licence or without having fulfilled the prior communication duty.

7. The unauthorised alteration of any of the technical emission parameters that are defined in the concession of the private use of the radio spectrum referred to in Article 24.2 of this Law, as well as the characteristics collected in the technical project which has been approved by the State Radiocommunications Agency for the implementation of the emissions.

8. The provision of the audiovisual media service based on a prior communication lacking efficiency, by finding itself incurs in one of the assumptions provided for in Article 23.2.

9. The provision of the audiovisual communication service based on an application whose holder is in place in any of the circumstances provided for in Article 26.

10. Failure to comply with the essential conditions of the license provided for in Article 24 of this Law, three times in six months.

11. Failure to comply with the obligation to register in the Register provided for in this Law or the contribution to the same of false data.

12. The holding of legal business for the transmission or lease of the service delivery licence, without complying with the requirements set out in Article 29.

13. Failure to comply with decisions given by the competent audiovisual authority to restore pluralism in the audiovisual market, in application of the provisions of Articles 4, 36 and 37 of this Law.

14. The accumulation of four serious infractions in the same calendar year.

Article 58. Serious infringements.

These are serious violations:

1. Failure to comply with the full identification duty provided for in Article 6.1.

2. The infringement for more than three days in a period of ten consecutive days of the duty provided for in Article 6.2 shall be made known at three days ' notice and by electronic means of the television channel's programming.

3. The violation of the prohibition, and where appropriate, of the conditions for the emission of harmful content for the minor, as provided for in Article 7.2.

4. Non-compliance on a channel, for more than five days in a period of 10 consecutive days, of the accessibility duties provided for in Article 8 (2) and (3

.

5. Failure to comply with the instructions and decisions of the audiovisual authority.

6. The non-compliance with the time limit of the time of the time of the clock, dedicated to advertising and teleshopping, as set out in Article 14.1, when it exceeds 20% of the permitted time.

7. Failure to comply with the other conditions laid down in this Law for the performance of the various forms of commercial communication provided for in Articles 14, 15, 16 and 17 that are not included in the classification of the previous paragraph.

Non-compliance in the same commercial communication of two or more conditions as provided for in those articles will only result in a penalty. In addition, failure to comply with one of the conditions laid down in those Articles shall not give rise to the penalty for covert commercial communication.

8. The issue of covert commercial communications, using subliminal techniques, which encourage harmful health behaviour in the terms laid down in Article 18 (3), which encourage harmful behaviour in the environment. the environment or for the safety of persons, or who are of a political nature, except for cases of legal exception, or who incur the prohibitions laid down in the rules of advertising.

9. Failure to comply with the duty to allow the remaining providers to issue a brief summary of information on the terms and conditions set out in Article 19 (3).

10. Failure to comply with the obligations of the issuing of the issuance of the events of general interest to the company in question, respectively, in Article 20 (2) and (3).

11. The refusal, resistance or obstruction that prevents, hinders or delays the exercise of the competent authority's inspection powers.

12. Failure to comply with the codes of self-regulation of conduct referred to in Article 12 of this Law.

13. The accumulation of four minor infractions in the same calendar year.

Article 59. Minor infractions.

These are minor violations:

1. Failure to comply with a requirement for information issued by the competent authority and to delay unreasonably its contribution when it becomes due in accordance with the provisions of this Law.

2. Failure to comply with other duties and obligations set out in this Act, which are not classified as serious or very serious infringements.

3. Failure to comply with non-essential licensing conditions.

Article 60. Penalties.

1. Very serious breaches will be sanctioned:

(a) In any case, with a fine of 500,001 up to 1,000,000 euros for television broadcasting services and from 100,001 to 200,000 for radio stations, for service providers of electronic communication and for program catalog service providers.

(b) They may be further sanctioned by the revocation of the licence to provide the audiovisual media service by terrestrial hertzian waves and the consequent cessation of service provision in the following cases:

When the provider has committed the very serious infringement provided for in Article 57.13.

Where the provider has been punished at least three times, by means of a final administrative decision and within a period of no more than two years, by the commission of the very serious infringements referred to in paragraphs 3, 9 and 12 of Article 57.

In no case can the cessation of the activities of the audiovisual public service providers be proposed as service providers who are and not licensees, even if they incur some of the cases provided for in this Point, it will be the cause of cessation for its responsible and may be claimed by the competent Audiovisual Authority before the appropriate bodies.

(c) They may also be sanctioned with the extinction of the effects of prior communication and the consequent cessation of the provision of the audiovisual media service in the following cases:

When the provider has committed the very serious infringement provided for in Article 57.13.

Where the provider has committed, at least three times and within a period not exceeding two years, the very serious infringement provided for in Article 57 (3

.

In no case can the cessation of the activities of the audiovisual public service providers be proposed as service providers who are and not licensees, even if they incur some of the cases provided for in this Point, it will be the cause of the cessation of its decision-makers and may be claimed by the competent audiovisual authority before the appropriate bodies.

(d) In the case of the infringements referred to in Article 57 (6), (7) and (8), in addition to the fine, the cessation of the emissions shall be imposed and the equipment and installations used for the purpose of the suspension shall be provisionally sealed. issue.

2. Serious infringements will be punished with a fine of 100,001 up to 500,000 euros for television audiovisual communication services and 50,001 to 100,000 for radio stations, for service providers of electronic communication and for program catalog service providers.

3. Minor infringements will be sanctioned with a fine of up to 100,000 euros for television communication services and up to 50,000 for radio stations, for providers of electronic communication services and for service providers. catalog of programs.

4. The amount of the penalty to be imposed, within the limits indicated, shall be graduated taking into account, in addition to that provided for in Article 131.3 of Law 30/1992, of 26 November, of the Legal Regime of the General and the Common Administrative Procedure, the following criteria:

a) The inclusion of the sanctioned conduct in a self-regulation code that forces the offender to be prohibited.

(b) You have been punished by a firm administrative decision for the same type of infringement within the previous three years.

c) The severity of the violations committed within the previous three-year period by the subject to which it is sanctioned.

d) The social impact of the violations.

e) The benefit that has been reported to the infringer for the violation.

5. The competent authority for the imposition may agree that the penalty may be required to disseminate the resolutive part of the penalty.

The amounts indicated in this article will be updated periodically by the government, taking into account the variation in consumer price indices.

Article 61. Responsibility for the commission of violations.

1. The administrative responsibility for the infringements of this Law is due to the provider of the audiovisual communication service. It shall also apply, where appropriate in accordance with this law, to radio service providers and providers of electronic communication services and the catalogue of programmes.

For the purposes of the correct elucidation of the administrative liability, the service providers must file for a period of six months from the date of their first issue, all the programmes issued, including commercial communications, and record data relating to such programmes.

2. The provider of the audiovisual media service, the service providers of electronic communication services and the service of the catalogue of programmes shall not incur administrative responsibility when they issue commercial communications. made by persons outside the service provider and who have an infringement in accordance with the rules in force on advertising.

However, the service provider shall cease the issuance of such commercial communication to the first requirement of the audiovisual authority or of any self-regulatory body to which it belongs.

3. The infringer will have to replace the altered state of origin and compensate for the damages caused, provided that it is technically possible. The competent authority for the resolution of the sanctioning file may impose periodic penalty payments of up to EUR 30,000 per day for the fulfilment of these obligations.

Additional disposition first. Constitution of the State Radiocommunications Agency.

1. The effective constitution of the State Radiocommunications Agency shall take place at the time of the approval of its Statute under the regime established by Law 28/2006 of 18 July, of State Agencies for the Improvement of Services public.

2. It is for the State Radiocommunications Agency to monitor the radio space and its active protection against the occupation or the illegal effective use of it in accordance with the requirements and in accordance with the procedure laid down in this Regulation. determine regulentarily. In its Statute and duties, it shall be in accordance with Articles 45 and 47 of Law 32/2003 of 3 November, General Telecommunications.

3. For the application of Article 56 of this Law, the State Radiocommunications Agency may entrust the execution of some of its functions to the Autonomous Communities.

Additional provision second. Participation of the Autonomous Communities in the state planning of the radio space.

The planning of the radio space shall be drawn up with the participation of the Autonomous Communities through cooperation instruments provided for in the general legislation.

For these purposes, the Government will seek reports from the Autonomous Communities in order to enable bands, channels and frequencies for the provision of audiovisual media services affecting the territory of the Autonomous Communities. Autonomous Communities.

Additional provision third.

Audiovisual media service providers, audiovisual producers, content providers and channel holders will be able to submit their disputes to the knowledge of the State Media Council. Audiovisual or the bodies to which the Autonomous Communities believe in the exercise of their respective powers, subject to Law 60/2003 of 23 December of Arbitration.

Additional provision fourth. Special arrangements applicable to the Canary Islands.

1. In the light of the special circumstances of remoteness, insularity and dispersion of the population in the Canary Islands as an outermost region, as well as the need for broadband telecommunications for the communication of The government will establish within the maximum of six months the compensatory measures that for reasons of territorial cohesion will be necessary to compensate for the cost that the operators face to deploy services broadband in the Canary Islands, due to the trunk sections of the telecommunications networks which link the Canary Islands to each other and to the rest of the Spanish territory, and thereby equate the availability and conditions of access to all types of broadband audiovisual services in all the Canary Islands with those of the rest of the State.

2. These compensatory measures will be financed from the General Budget of the State.

Additional provision fifth. Direct management of public radio and television public service.

1. The state mercantile company Corporación de Radio y Televisión Española, S.A. is entrusted with the direct management of the public service of Radio, television, related and interactive services and of information online of state ownership in the Terms defined by Law 17/2006, of June 5, of Radio and Television of State Entitlement and by Law 8/2009, of August 28, of Financing of the Corporation of Spanish Radio and Television.

On the day following the entry into force of this Law, all actions and operations that are required will be initiated in accordance with Law 3/2009 of April 3 on the Structural Changes of Societies. Mercantiles, proceeding by the Council of Ministers to adopt the agreements that, if necessary, are necessary for the extinction of the National Commercial Company Radio Nacional de España, S.A. (SME RNE S.A.) and the Sociedad Mercantil State Television Española, S.A. (SME TVE S.A.) guaranteeing the subrogation of Corporación de Radio y Televisión Española, S.A. (RTVE Corporation) in the legal position of both companies.

The Corporation of Radio and Television Española, S.A. will begin to provide directly the public service of the radio, television, related and interactive services and information online of state ownership, the next day of the the granting of the corresponding public funds for the global sale of assets and liabilities by SME TVE, S.A. and SME RNE, S.A., in which the non-cash contributions are determined, being valued in euro, which is attributed to them.

Contributions will not require the independent expert report.

2. Until the authorization of the operations described in the previous paragraph, the state-owned commercial companies Radio Nacional de España, S.A. (SME RNE S.A.) and Televisión Española S.A. (SME TVE S.A.) will continue to be governed by the provisions of Law 17/2006 of 5 June.

3. The special scheme provided for in Chapter VIII of Title VII of the recast of the Companies Tax Act, approved by Royal Decree-Law 4/2004 of 5 March 2004, shall apply to the operation of the global transfer of assets and liabilities of SME TVE, S.A. and SME RNE, S.A., to the Corporation of Spanish Radio and Television, S.A.

All corporate operations, capital transfers and acts arising directly or indirectly from the application of this provision shall be exempt from any state, regional or local tax, as well as from the payment of any professional duties or fees due to the intervention of public and property registrants and the owners of the property.

4. The RTVE Corporation will succeed SME TVE, S.A. and SME RNE, S.A. in all the goods, contracts and, in general, rights and obligations arising from the global transfer of assets and liabilities to which the preceding paragraphs refer. To this end, the RTVE Corporation will be subrogated in the same legal position as SME TVE, S.A. and SME RNE, S.A., in all its assets, rights, obligations, legal relations and administrative or judicial procedures in progress. The subrogation of the RTVE Corporation in the contracts of real estate leases from which SME RNE, S.A. and SME TVE, S.A. will be the holders, will not in itself give rise to the extinction of the lease contracts or to the increase in the income or the perception of quantity by the lessor.

Likewise, the RTVE Corporation will be subrogated in the same legal position as the aforementioned entities in the legal relations, rights and obligations of labor and social security of all the workers they are incorporated into it and the professional category, seniority and economic and social rights acquired by the staff mentioned above shall be respected.

5. SME TVE, S.A. and SME RNE, S.A., will be extinguished once they are registered in the Commercial Registry of the public deeds of global disposal of assets and liabilities to Corporación RTVE.

Additional provision sixth.

Audiovisual media operators will be obliged to preserve and preserve the image file in motion and audio.

First transient disposition. Procedure applicable in competitions called in accordance with the previous legislation.

1. The competitions for the award of concessions for indirect management of the service of general interest of radio and television of State-wide scope not resolved before the entry into force of this law, will continue their processing according to the the procedure laid down in the rules in force at the time of the invitation to tender.

2. Once the competition has been resolved, the competent authority shall transform the licence.

The validity of the new licenses will be that provided for in the Law.

Second transient disposition. Recognized rights and titles awarded prior to the entry into force of this Law.

1. Concessions for the indirect management of the public radio or television service by terrestrial hertzian waves of a state, regional or local level, which have not been declared extinct upon the entry into force of this Law, must be to transform into licences for the provision of the audiovisual media service.

The validity of the new licenses will be fifteen years from the date of transformation of the concessions.

2. Concession holders should apply to the competent authority for the relevant transformation of the enabling title within two months of the entry into force of this Act.

The competent authority, upon receipt of the application, shall issue an express resolution transforming the licensing and making its registration in the relevant register.

Elapsed within two months without the transformation being requested, the concessions will be extinguished.

3. Since the entry into force of this Law, the authorisations for the provision of the satellite television audiovisual communication service and the authorisations for the provision of the audiovisual media service are hereby extinguished. cable.

The competent audiovisual authority shall proceed from its own initiative to the registration in the register corresponding to the former holders of authorisations.

4. Article 25 (4) shall not apply to shares in the share capital of legal persons holding a convertible concession on a licence, belonging to natural and legal persons from countries which are not members of the European Economic Area exceeding the entry into force of this Law, the limitations laid down in that Article.

5. Providers of public ownership of the service of general economic interest in the autonomous region shall maintain their activity in accordance with the arrangements provided for in the relevant concession rules.

Transitional provision third. Conversion of the current Registers of Concessional Societies for indirect management of the essential public service of television; of Radiological Companies, Special of Cable Operators and creation of the State Registry of Service Providers audiovisual communication service.

1. The creation of the State Registry of providers of the audiovisual communication service will extinguish the current Registers of Concessional Societies for the indirect management of the essential public service of television, of the Broadcasting Companies and The Special Cable Operators.

2. After the entry into force of this Law, the Commission of the Market of the Telecommunications will proceed to transfer to the State Council of Audiovisual Media the Register of Concessional Societies for the indirect management of the essential public service the television, the Register of Radiological Companies and the inscriptions contained in the Register created in application of the provisions of the additional provision of Law 32/2003, of 3 November, General of Telecommunications, as well as all files containing the administrative authorities for the service dissemination of satellite television and its modifications, granted for the provision of this broadcasting service.

3. The competent bodies shall register in the new records the previous holders, after having transformed their enabling title as provided for in the second transitional provision.

Transitional disposition fourth. Transitional regime for incompatibilities of licences.

Until the date of the effective cessation of television broadcasts with analogue technology, the limitation of ownership of licences will not be applicable in the event that a licence to issue in analogue and another licence is combined. exclusively use digital technology.

Transient disposition fifth. Support services for people with disabilities.

1. The accessibility services of persons with disabilities in the programming of the channels referred to in Article 8 shall have reached the following percentages and values by 31 December of each year:

0.5

	2010	2011	2012	2013
Subtitling	25%	45%		75%
	1		1.5	1	1.5	1.5	2
	1	1	1	1	1.5

2. The accessibility services of persons with disabilities in the programming of public service channels shall have reached the following percentages and values by 31 December of each year:

	2010	2011	2012	2013
Subtitling	25%	50%		90%
	3		7	1	7	1
1		3	3	3	3	7	10

3. The Government is authorised to extend the periods of the previous paragraph by way of regulation in accordance with the development of the audiovisual market, the process of implementing digital technology and the development of the technical means available in each time.

4. Until the final end of television broadcasts with analogue technology, the obligations for the interpretation of the sign language and the audio description shall not be required for emissions in analogue.

5. New emission television channels must reach the times and percentages set out in Article 8 within four years, by extrapolating the scale of paragraph 1.

Transitional disposition sixth. Catalogue of events of general interest to society.

Until the State Council of Audiovisual Media approves the catalogue of events of general interest to society, it will be broadcast live and open, and for the entire territory of the State, a football match for each day of the League of First Division, as well as the semi-finals and the final of the Copa del Rey, provided there is an open television channel interested in issuing it.

Transitional disposition seventh. The State Council for Audiovisual Media.

Until the effective constitution of the State Council of Audiovisual Media its functions will be exercised by the competent administrative body.

In the case of the financing obligation laid down in Article 5 of this Law, the provisions of Royal Decree 1652/2004 of 8 July on the Regulation governing the compulsory investment will remain in force. for the anticipated financing of film and film films for television, European and Spanish, in all matters relating to the competent authorities and the applicable procedure.

Transient disposition octave. First term of the members of the State Audiovisual Media Council.

By way of derogation from Article 50 of this Law, the first term of four of the members of the State Audiovisual Media Council will last for three years.

At the first session of the State Audiovisual Media Council, it will be determined by drawing, or on a voluntary basis, that four members will cease after the three-year period since their appointment.

transient disposition ninth. Technological improvement and use of radio broadcasting for the provision of the audiovisual media service.

The technological improvements that will allow greater use of the public radio spectrum for the provision of audiovisual media services will not, however, extend the enjoyment of the number of individual channels or within a multiplex whose issuance by terrestrial hertzian waves would have been enabled by grant or license before or after the entry into force of this law.

Transient disposition tenth. Review of the planning and concessions for the management of local televisions by hertzian waves.

1. Concessions for the management of local television stations by hertzian waves, both attributed to local authorities and to private individuals, that would not have started their emissions within the time limit set in the regulations in force in the the time of their granting, will be automatically extinguished six months after the entry into force of this Law.

2. Also, four months after the entry into force of this Law, concessions for the management of local televisions by hertzian waves, both attributed to local authorities and private individuals, will automatically be extinguished. they have interrupted their emissions and shall be in such a situation at the time of publication of this standard.

Within eighteen months of the entry into force of this Law, the State Radiocommunications Agency, together with the Autonomous Communities, will proceed for six months with the revision of the Technical Plan. National of Local Television in order to rationalize its content.

3. As long as the revision provided for in the previous paragraph is carried out, the competent audiovisual authorities shall refrain from calling and resolving public tenders for the granting of securities for the management of television stations. local.

Transient disposition eleventh. Coverage of digital terrestrial television in the Canary Islands.

In the process of extending the coverage of digital terrestrial television, the special circumstances that are present in the Canary Islands as an ultra-peripheral region will be taken into consideration, so that the coverage achieved by the Terrestrial digital terrestrial television service is equivalent to those of the other Spanish Autonomous Communities, also ensuring an equivalent level of coverage for each of the islands.

Transient Disposition twelfth. Validity of contracts for the acquisition of the rights of football competitions.

The contracts for the acquisition of the rights of the football competitions in force at the entry into force of this Law will continue to be valid until their completion, provided that this finalisation takes place within the deadline. 4 years from the entry into force. Otherwise, after the expiry of the 4-year period from the date of entry into force of the Law, the contracts shall be enforced.

transient disposition thirteenth. Broadcasting of audiovisual commercial communication.

Section 2 of Chapter II of Title II of the Law shall apply after three months from the entry into force of this Law.

Transitional disposition fourteenth. Existing non-profit community communication services.

1. The non-profit Community communication services which were in operation before 1 January 2009, under the additional 18th of Law 56/2007, of the Impulse Measures of the Society of the Information (LISI), they will opt for licenses or authorizations in the scope of coverage in which they were operating.

2. In compliance with the existing competences, both the procedure for granting the licence and the implementation of the framework for action by the non-profit Community audiovisual media services will be developed. (a) a period of up to 12 months from the date of entry into force of this Law.

15th transient disposition. Digitisation of the terrestrial sound broadcasting service.

1. Within eighteen months of the entry into force of this Law, the Government will approve the technical plan for the comprehensive digitalization of the terrestrial sound broadcasting service. This plan shall be drawn up in compliance with the current concessions for the management of radio broadcasting services by means of medium-wave (hectometric) radio broadcasting in metric waves with frequency modulation, digital sound broadcasting terrestrial, which will be adapted and transformed into the new digital technology.

2. The Government will promote, for the preparation and development of the Plan for the digitisation of terrestrial sound broadcasting, the best concertation with the business, public and private sectors, of the terrestrial sound broadcasting, of the companies of telecommunications services providing support for the dissemination service, for companies in the electronics sector and for companies in the automotive sector, among others.

Within the 12-month period, counting from the entry into force of this Law, the Government will present to the Commission and the European Council, as appropriate, a proposal for the coordination of the States of the Union for the global and joint digitisation of terrestrial broadcasting services.

Repeal provision.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law. In particular, they are expressly repealed:

1. Law 4/1980, of January 10, of the Statute of Radio and Television.

2. Law 46/1983, of December 26, of the Third Television Channel.

3. Law 31/1987, of 18 December, on the Management of Telecommunications.

4. Law 10/1988, of 3 May, of Private Television.

5. The Law 11/1991, of 8 April, of the Organization and Control of the Municipal Radio Stations.

6. Law 25/1994 of 12 July, incorporating into Spanish law Directive 89 /552/EEC on the coordination of laws, regulations and administrative provisions of the Member States relating to the exercise of television broadcasting activities.

7. The Law 37/1995 of December 12, of Telecommunications by Satellite, regarding the services of audiovisual communication by satellite.

8. Law 41/1995, of December 22, of Local Television by Land Waves.

9. Law 21/1997, of July 3, Regulatory of Emissions and Retransmissions of Competitions and Sporting Events.

10. The additional 44th of Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures.

11. The additional forty-fourth provision of Law 50/1998, of December 30, of Fiscal, Administrative and Social Order Measures.

12. The second provision of Law 15/2001 of 9 July on the Promotion and Promotion of Cinematography and the Audiovisual Sector.

13. The sixth, eighth and tenth transitional provisions of Law 32/2003 of 3 November, General Telecommunications.

14. The additional 30th of Law 62/2003, of December 30, of Fiscal, Administrative and Social Order Measures.

15. Law 10/2005, of 14 June, of Urgent Measures for the Impulse of Digital Terrestrial Television, of Liberalization of Television by Cable and of the Promotion of Pluralism, except for Article 5, which amends the Royal Decree-Law 1/1998, of 27 February, on common infrastructure in buildings for access to telecommunications services, and with the exception of the additional provision second, relating to the accessibility guarantee for persons with disabilities and the additional provision seventh, concerning the satellite coverage of the terrestrial digital terrestrial television service state.

16. Law, of 3 July, on urgent measures in the field of telecommunications.

17. Royal Decree-Law 11/2009 of 13 August, for which the provision of the digital terrestrial pay-TV service by conditional access is regulated for State-wide concessions.

18. Point 6 of point (a) of the Annex (definitions) of Law 34/2002 of 11 July of Services of the Information Society and Electronic Commerce.

Final disposition first. Amendment of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Paragraph 1 of the 10th additional provision of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State shall be amended as follows:

" 1. The National Securities Market Commission, the Nuclear Safety Council, the RTVE Corporation, the Untransferred Universities, the Data Protection Agency, the Spanish Foreign Trade Institute (ICEX), the Special Zone Consortium Canary Islands, the National Energy Commission, the Telecommunications Market Commission, the National Competition Commission, the National Postal Service Commission and the State Audiovisual Media Council will be governed by their legislation. specifically and supplanted by this law.

The Government and the General Administration of the State shall exercise in respect of such bodies the powers that the regulations of each of them assign to them, in their case, with strict respect to their corresponding fields of autonomy. "

Final disposition second. Amendment of Law 17/2006 of 5 June of Radio and Television of State Entitlement.

Law 17/2006, of June 5, of Radio and Television of State Entitlement, is amended in the following terms:

One. Article 3 (1) is worded as follows:

" 1. It is attributed to the Corporation of Spanish Radio and Television, S. A., Corporation RTVE, the management of the public service of radio and television in the terms that are defined in this Law. "

Two. Article 3 (4) is worded as follows:

" 4. The set of radio and television productions and broadcasts carried out by the RTVE Corporation shall comply with the obligations integrated into the public service function defined in this Law. "

Three. Article 7 (1) is without content.

Four. Article 7 (2) is worded as follows:

" 2. The RTVE Corporation may constitute or participate in the capital of all kinds of entities that adopt the form of a commercial company and whose social object is related to the activities and functions of that company, including those of public service. The acquisition or loss of the majority, direct or indirect, participation of the RTVE Corporation in the social capital of these companies will require the prior authorization of the Council of Ministers. "

Five. The second subparagraph of Article 7 (3) is deleted.

Six. Article 7 (5) is worded as follows:

" 5. The RTVE Corporation may not assign to third parties the production and editing of the information programs and those expressly determined by the framework mandate. "

Seven. Article 11 (2) is worded as follows:

" 2. Without prejudice to the above number, two of the members of the Council to elect by the Congress, will be on the proposal of the two most representative unions at the state level with implementation in the Corporation. "

Eight. Article 16 (4) (d) is read as follows:

"(d) Monitor the work of the management of the RTVE Corporation and its subsidiary companies."

Nine. Article 16 (4) (o) is read as follows:

"or) Determine the internal procedure applicable by the RTVE Corporation for the exercise of the right of access recognized in Article 20.3 of the Constitution."

Ten. Article 24 (1) is worded as follows:

" 1. The Informative Councils are the internal organs of participation of the information professionals of the RTVE Corporation to ensure their independence and the objectivity and veracity of the informative contents disseminated. "

Once. Article 24 (2) (d) is read as follows:

"d) Inform the proposals for the appointment of the directors of the information services of the RTVE Corporation with non-binding character."

Twelve. Article 25 (1) is worded as follows:

" 1. The production and programming of the RTVE Corporation shall be in compliance with its public service functions. "

Thirteen. Article 28 (3) is worded as follows:

" 3. The RTVE Corporation shall ensure the availability of the technical and human resources necessary for the realization of the spaces for the exercise of the right of access. "

Fourteen. Article 29 is worded as follows:

" Article 29. Heritage.

1. The RTVE Corporation will have its own heritage. The goods and rights of the RTVE Corporation will be in any case of private or property ownership.

2. The management, administration, exploitation and disposal of the assets and rights that make up the patrimony of the RTVE Corporation shall be governed by the provisions of this Law on the same and, failing that, by private law. "

Fifteen. Article 30 (2) and (3) shall be worded as

:

" 2. Without prejudice to the foregoing, the contractual activity of the RTVE Corporation shall be governed by private law.

3. The services provided, where appropriate, by the RTVE Corporation to its subsidiary companies shall be remunerated in an appropriate manner according to market criteria, with the RTVE Corporation having to establish separate accounts for that purpose. "

Sixteen. The first paragraph of Article 31 is read as follows:

" The RTVE Corporation, and any other companies in which it owns, directly or indirectly, the majority of the share capital may only have recourse to indebtedness for the financing of its investments in tangible fixed assets. inmaterial and to address temporary cash flows. '

seventeen. The first paragraph of Article 33 is read as follows:

" Compensation for compliance with public service obligations will be entered in the General Budget of the State. Such compensation shall be annual and shall not exceed the net cost of the public service provided in the relevant financial year. For these purposes, the difference between total costs and their other income other than compensation is considered to be net cost. "

Eighteen. Article 35 (2) is worded as follows:

" 2. The multiannual action programme shall be composed of the financial statements and documentation required by the General Budget Law and shall reflect the economic and financial data provided for the financial year relating to the draft budget. State generals and the following two exercises immediately, according to the contract-program according to the strategic lines and objectives defined for the RTVE Corporation. "

nineteen. Article 37 (5) is worded as follows:

" 5. The RTVE Corporation must carry an analytical accounting system that allows to present separate accounts of the public service activities and the other activities it carries out, in order to determine the net cost to which the Article 33 of this Law. "

Twenty. The second subparagraph of Article 38 (1) shall be read as follows:

"A special employment relationship shall be subject to that management staff of the Corporation whose functions meet the requirements of the order for his contract to be qualified as senior management."

Twenty-one. Article 38 (2) is hereby worded as

:

" 2. The staff of senior management referred to in the previous paragraph shall be subject to the same incompatibilities as provided for in Article 15 of this Law, for members of the RTVE Corporation. "

Twenty-two. Article 42 is worded as follows:

" Article 42. Merger, division and extinction operations.

The merger, division or extinction of the RTVE Corporation and each of the participating companies, directly or indirectly, will require the prior authorization of the Council of Ministers. Such prior authorisation shall also be required for the dissolution of the same by the causes listed in paragraphs 1, 3, 6 and 7 of Article 260.1 of Royal Decree-Law 1564/1989 of 22 December 1989 approving the recast of the Companies Act. "

Final disposition third. Amendment of Law 8/2009, of August 28, of Financing of the Corporation of Spanish Radio and Television.

Law 8/2009, of August 28, of Financing of the Corporation of Spanish Radio and Television, is amended in the following terms:

One. The heading of Article 2 (1) shall be read as

:

" 1. The RTVE Corporation will be funded by the following resources: "

Two. Article 4 (3) is worded as follows:

" 3. The State Radiocommunications Agency shall manage the rate on the radio public domain reserve and the Directorate-General of the Treasury and Financial Policy shall order the payment of the amount of the percentage on the performance of the mentioned rate to the Spanish Radio and Television Corporation, in the form and deadlines that are regulated. "

Three. Article 7 (1) shall be read as

:

" 1. The RTVE Corporation will be able to obtain revenue, without undercutting the prices of its commercial activity, for the services it provides and, in general, for the exercise of its activities, including the marketing of its contents, both of production as a mixed production or co-production, provided that the revenue does not come from advertising or teleshopping activities in any of its forms, including sponsorship and the advertising of products or programmes, or income derived from conditional access which is not authorised under this Law. However, sponsorships and the advertising exchange of sports and cultural events will be permitted, which will be framed within the Corporation's public service mission, without commercial value and provided they have this system as unique possibility of diffusion and production.

Exceptionally sporting competitions may be issued under contract of sponsorship or other forms of trade where they form an indivisible part of the acquisition of rights and the production of the signal to be broadcast.

Likewise, and based on the provisions of article 9.1.k) of this Law, the RTVE Corporation may accept sponsorships, provided that they are only broadcast through international television channels.

The income derived from the provisions of the previous two paragraphs shall be reduced from compensation for compliance with the public service obligations entered in the General Budget of the State. "

Four. The first transitional provision is worded as follows:

" First transient disposition. Advertising, teleshopping and conditional access programmes.

1. As of the entry into force of this Law, the RTVE Corporation may not issue advertising, teleshopping and, where applicable, conditional access programs, except in the cases referred to in Article 7 (3) and (5) of this Law.

2. However, where the advertising, teleshopping and conditional access programmes have their origin in contracts concluded by the RTVE Corporation which have been perfected with third parties on a date prior to the entry into force of the Agreement, of this Law, the activities of advertising, teleshopping and programming of conditional access will be developed in the terms established in the respective contracts, although without these being able to be carried over in any case.

3. The revenue arising from the provisions of the previous paragraph shall be reduced from compensation for the fulfilment of the public service obligations entered in the General Budget of the State. '

Final disposition fourth. Framework mandate for the RTVE Corporation.

The approval of the legal changes contemplated in the second and third final provisions of this Law implies the adaptation or deletion of the articles that oppose them from the Mandato-Marco to the RTVE Corporation adopted by the plenary session of the Congress of Deputies at its meeting on 11 December 2007 and by the plenary session of the Senate at its meeting on 12 December 2007.

Final disposition fifth. Incorporation of European Union law.

This Law incorporates into Spanish law Directive 2007 /65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89 /552/EEC on the coordination of certain laws, regulations and administrative provisions of the Member States relating to the pursuit of television broadcasting activities.

Final disposition sixth. Competence title.

This Law is issued under the jurisdiction of the State to issue basic legislation of the press, radio and television regime contained in Article 149.1.27. of the Constitution, except for the ninth paragraph of Article 5.3, 11, 31 and paragraph 5 of the second transitional provision which are issued under the exclusive State competence in the field of telecommunications, as provided for in Article 149.1.21. of the Constitution.

The provisions of this Law apply to all Autonomous Communities, respecting, in any case, the exclusive and shared competences of the media and of the self-organization attributed to them by the respective Statutes of Autonomy.

Final disposition seventh. Regulatory enablement.

The Government is empowered to dictate how many provisions are necessary for the development of this Law.

Final disposition octave. Entry into force.

This Law shall enter into force within one month of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Palma, March 31, 2010.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO