VOCENTO S.A.; Wave 6; Cultural channel Badajoz; Teledonosti; Channel Ideal and Comunicaset “came operating in their respective territorial scopes” local televisions whose channels have been occupied by the new granted analog channel to “Sixth”.
For that reason the Law of Terrestrial Digital Television and the decree of their development resorted against the allocation of those frequencies anticipated by, resource now misestimated by the court in done sentence public today.
“Being able to be desirable that in the allocation or redistribution of frequencies the General Administration of the State considers, with merely informative character, the previous activities of other administrations” when it elaborates national plans, does not have obligation to respect those provisional decisions, says the sentence.
“The allocation of frequencies corresponds to the Administration of the State”, that is to say, to the central Government, “on the base of the legally established priorities”, it adds the high court.
The Supreme one understands that, on the one hand, some of the televisions appellants did not have an allocation of a certain frequency, but they only used it “by the route of the facts”, of transitory way and to the shelter (“or not”) of general qualifications to that effect.
In this situation, if the Government decides to assign that channel in contest, they do not have right to be against, says the Supreme one.
To these transmitters others are added, also appellants, that yes had a fixed allocation apparently of frequencies by virtue of decisions of autonomic Governments.
It is the case of the Catalan Comunicaset, that nevertheless had an authorization that was protected “in the rules of an autonomic decree which they have been annulled”.
In any case, and with general character, the Supreme one makes clear that the state competitions for the arrangement of the radioelectric space prevail over “the provisional titles or transitory already existing when these talk about to local televisions and those competitions they exert with respect to televisions of national scope”.
Nevertheless, and in spite of “the preference of the new national channel on the premises”, the sentence does not imply that these channels cannot emit in any other of the still available ones, says the Supreme one.