2. For the purposes of this Royal Decree-law, "communal infrastructures providing access to telecommunication services" are those existing or to be installed in buildings to perform the following functions:

a) To capture and adapt sound broadcasting and terrestrial television signals, to distribute them to connection points located in the different dwellings or units in the building, and to distribute sound broadcasting and television signals by satellite up to the aforesaid connection points. The sound broadcasting and terrestrial television signals to be captured, adapted and distributed shall be those transmitted, within the relevant territorial area, by the entities licensed.

b) To provide access to basic telephone service and to telecommunication service via cable by means of the necessary infrastructure to allow the connection of the various dwellings or units in the building to the licensed operators’ networks.

3. Any infrastructure which initially did not perform the functions indicated in the preceding paragraph but has been adapted to perform said functions shall also be considered to be a "communal infrastructure providing access to telecommunication services." The adaptation may be implemented, where necessary, by creating an infrastructure additional to the pre-existing one.

4. Those concepts not expressly defined in this Royal Decree-law shall have the meaning attributed to them by the laws and regulations governing telecommunications and, by default, by the Radio Regulations attached to the Convention of the International Telecommunications Union.

The rules contained in this Royal Decree-law shall apply to:

a) those buildings, whether or not for residential use and whether or not new, pertaining or that may pertain to the horizontal property regime [US: condominium system] governed by Act 49/1960, of 21 July, on Horizontal Property; and

b) those buildings wholly or partly currently under lease for a term of over one year, or which may be the object of a lease for a like period, except those of only one dwelling.

1. As from the date of commencement of this Royal Decree-law, no authorisation shall be granted for the construction or general overhauling of any building of those referred to in section 2 unless the architect design provides for the installation of its own communal infrastructure. This infrastructure shall at least fulfil the appropriate technical conditions to perform, at least, the functions indicated under subsection 1.2 of this Royal Decree-law, notwithstanding the provisions that may be promulgated for its further development in due course.

2. Any building comprehended within the scope of this Royal Decree-law and completed following eighth months from its commencement shall have the communal infrastructures providing access to telecommunication services, as indicated in subsection 1.2, and shall be subject to the provisions hereby established.

3. The expenses required for the installation of the infrastructures that this Royal Decree-law regulates shall be included in the total construction cost.

1. Where the community of property owners or the owner of a building included in the scope of this Royal Decree-law, already completed or to be completed before eight months from the commencement date of this Royal Decree-law, decide the installation of a communal infrastructure of access to telecommunication services or the adaptation of the pre-existing one, they shall notify unit owners, or tenants, as the case may be, at least two months in advance of the commencement of installation or adaptation work. In the case of communities of property owners, the relevant resolution shall have to be adopted by a third of their members representing a third of assessment quotas.

2. Where the resolution regarding the installation of the communal infrastructure providing access to telecommunication services or the adaptation of the pre-existing one is adopted without the consent of the unit owner or tenant, the community of property owners or the landlord, as the case may be, shall not charge said unit owners or tenants. However, should they subsequently request access to telecommunication services, and this required using the new infrastructures or the adaptation of the existing ones, they may be authorised against payment of the amount that would have corresponded to them, duly updated with the application of the legal interest rate.

3. The cost of the new infrastructure or of the adaptation of the pre-existing one by the landlord of a building or part of a building shall be charged to the tenant as from the month following their implementation according to the amounts and proportions provided for in section 19 of Act 29/1994, of 24 November, i.e. Ley de Arrendamientos Urbanos [landlord and tenant act].

However, where the tenants requested the installation or adaptation of the infrastructure to the landlord, as provided for in this Royal Decree-law, their cost shall be at the expense of the tenants. In this case, at expiration of the lease, the infrastructure installed or adapted shall remain in the building at the disposition of the owner.

1. As regards communities of property owners, section 10 of Act 49/1960, of 21 July, on horizontal property, shall apply in respect of the maintenance of common elements, belongings, services and facilities.

2. Section 21 of Act 29/1994, of 24 November, i.e. Ley de Arrendamientos Urbanos [landlord and tenant act] shall apply to the maintenance of communal infrastructures in buildings subject to a lease, except where the installation was requested by tenants, in which case expenses arising therefrom shall be at their expense.

Section 6. Obligation of installing the infrastructure.

1. The installation of the infrastructure regulated by this Royal Decree-law in buildings the construction of which is already completed before it comes into force or before a term of eight months following its completion shall be compulsory under any of the following conditions:

a) Where the number of aerials installed, whether individual or collective, for the performance of services included in subsection 1.2 is higher than a third of the number of [dwelling or business] units. In this case, they shall be replaced within six months of the commencement date of this Royal Decree-law, with a communal infrastructure providing access to telecommunication services. Should the said limit [1/3] be surpassed after the commencement date of this Royal Decree-law, the six-month period shall start to be computed as from the time of surpassing said proportion.

The cost of the infrastructure, its installation and the removal of the pre-existing one shall be at the expense of the persons who had installed the aerials for the reception of the services. However, should any other unit owner(s) or tenant(s), as the case may be, take advantage of the new infrastructure, such owner(s) or tenant(s) shall share in the cost, in the proportion corresponding to them.

b) Where the competent administration, in accordance with applicable legal provisions, should consider the installation of individual aerials in a building hazardous or anti-aesthetic. In this case, those persons wishing to receive the services referred to in subsection 1.2 of this Royal Decree-law shall satisfy the cost of installation of the infrastructure, but shall be entitled to charge the unit owners or tenants, as the case may be, with the cost of the investment in the corresponding proportion should they request to take advantage of said infrastructure.

2. The said infrastructure shall not have to be installed in those buildings already completed that do not have the conditions to support it according to the technical report issued by the competent administration.

1. Where an infrastructure is installed because of the existence of one or more of the conditions provided for in the preceding sections, said infrastructure shall belong to the building as a communal element. The infrastructure installed shall comply with all technical specifications regarding quality and safety pursuant to the prevailing legal provisions regarding construction and, especially, to those regulating the compatibility of building regulations with the said specifications with those for the installations of water, gas and electricity supplies.

2. Once the installation of the infrastructure has been completed and it has been verified that it allows the reception of the services for which it was installed, the community of property owners shall remove the elements of individual telecommunication systems which provided the reception of the same services. The removal shall take place in the presence of the owners of the said elements if so requested by them.

The community of property owners or, where applicable, the building’s landlord shall adopt the appropriate measures aiming at ensuring that those unit owners or tenants having individual installations may use them normally during construction of the new infrastructure and until such time as the latter is in perfect working order. The same rule shall apply where pre-existing infrastructure is adapted to the provisions of section 1 of this Royal Decree-law.

1. Unit owners in a building in horizontal property regime, as well as tenants or lessees, shall be entitled to have access to telecommunication services other than those indicated in subsection 1.2 above by means of a communal installation implemented pursuant to this Royal Decree-law provided the adaptation of said installation is technically possible or by means of individual systems.

Likewise, any unit owner(s) in a building in horizontal property regime or any tenant(s) of either an entire building or a part of it, as the case may be, shall be entitled, should there not be a communal infrastructure, to install one at their own expense. They shall also be entitled to carry out the adaptation of the infrastructure existing in the building to the provisions of subsection 1.2 of this Royal Decree-law.

In order to implement the provisions of this section [i.e. section 9], unit owners or tenants may take advantage not only of privately owned elements, but also of communal elements in buildings providing the existing infrastructure is not impaired and the signals relating to services already contracted by other users are not modified or interfered with.

2. In the cases laid out in the previous paragraph, where a unit owner or tenant, as the case may be, wishes to receive a telecommunication service to which access can be gained by means of a certain infrastructure, said unit owner or tenant shall notify the president of the community of property owners or, where applicable, the building’s landlord before initiating any works whatsoever for the said purpose. The community president or building’s landlord shall provide a reply within fifteen days of the said notification and the following rules shall apply, as appropriate:

a) Should the infrastructure required already be in place or the existing one be going to be adapted or a new one be going to be put in place within three months of the notification with the purpose of allowing access to the services in question, no works whatsoever shall be carried out by the unit owner or tenant.

b) Should the infrastructure required not exist or not be adequate for the performance of the service to which the unit owner or tenant wish to gain access or a new one not be installed or the pre-existing one be adapted within the aforementioned three-month period, the unit owner or tenant may then carry out the works necessary for the reception of the relevant telecommunication services. However, should any other unit owner or tenant subsequently request to take advantage of the installation of the new communal infrastructures or of the adaptation of the pre-existing ones implemented by virtue of this section, they may be authorised on the condition that they should comply with the provisions of the second [and last] part of subsection 4.2.

Section 10. Consideration of the infrastructure for the purpose of the Ley de Arrendamientos Urbanos (Spanish landlord and tenant act)

The installation or adaptation of an infrastructure shall be considered improvement work for the purposes of the provisions of section 22 of the current Act 29/1994, of 24 November, on urban leases (Ley de Arrendamientos Urbanos, roughly equivalent to the landlord and tenant act).

1. Non-compliance by the developer or builder with the obligation imposed by section 3 in new buildings shall be considered a very serious offence and shall be penalised with a fine of between 5,000,001 pesetas and 50,000,000 de pesetas. The amount of the fine shall be graded according to the criteria established in subsection 131.3 of Act 30/1992, of 26 November), namely the Ley de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común (law of the legal system for public administrations and of common administrative procedure).

2. Non-compliance by the unit owners or tenants with the provisions of section 6 shall be considered a slight offence and shall be penalised with a fine of up to 5,000,000 pesetas. The amount of the fine shall be graded according to the criteria indicated in the previous paragraph.

3. The imposition of the sanctions established in the preceding paragraphs shall correspond to the Secretary-General of Communications [Secretario general de Comunicaciones] of the Ministry of Development [Ministerio de Fomento]. The relevant administrative inquiry shall be initiated ex officio [of has own motion] or on the basis of a report or denunciation, and shall be resolved following verification of the facts by the inspection services of the Ministry of Development in accordance with the relevant procedure.

4. Insofar as not provided for in this Royal Decree-law regarding the punitive system, the relevant telecommunications statutes and regulations and the aforementioned Act 30/1992 shall apply.

Act 49/1966, of 23 July, on collective antennas, and any provisions of equal or inferior rank which may be contrary to the provisions of this Royal Decree-law are hereby repealed.

The Government is authorised to enact all provisions necessary to develop and apply this Royal Decree-law.