Approval of the Regulation on Administration, Management, and Control of the Radioelectric Spectrum.
TMT Department Report | Approval of the Regulation on Administration, Management, and Control of the Radioelectric Spectrum
Resolution No. 682/2023 of the National Communications Entity (the “ENACOM”, for its Spanish acronym), published in the Official Gazette on May 15th, approved the Regulation on Administration, Management, and Control of the Radioelectric Spectrum (the “Regulation”) in order to establish principles, provisions, criteria, and procedures that will govern the planning, administration, management, and control of the radioelectric spectrum for radio communication services and systems.
The Regulation covers basic issues such as concept definitions and general principles, as well as more specific aspects such as regulation regarding (i) assignments, allocations, authorizations, permits, and enabling in the use of the spectrum, setting the nature and scope thereof, (ii) the assignment and/or transfer of spectrum by users, establishing applicable requirements, (iii) the allocation of frequency bands to users, (iv) spectrum leasing, providing for general conditions, (v) modalities of spectrum use (such as exclusive use, shared use, free or collective use, technical parameters), (vi) electromagnetic field emission parameters.
Likewise, the Regulation provides for the powers attributed to ENACOM, as the implementing authority, such as: (i) assigning frequency bands to radio communication services and systems; (ii) developing the Frequency Allocation Table (“CABFRA”, for its Spanish acronym); (iii) approving the transfer or assignment of frequency bands among users, as well as spectrum leasing; (iv) establishing the process of spectrum reorganization and band migration; (v) determining the values of radioelectric tariffs; (vi) specifying the parameters to be met by systems or devices that use the radioelectric spectrum.
To access the Regulation’s full text, please visit the following link Resolution No. 682/2023 ENACOM where it is incorporated in Annex I.
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Emilio Beccar Varela
Mariana Lamarca Vidal
Martín Beccar Varela