According to a sentence, this court understands that the State, in carrying out its competitions, is responsible to plan the radioelectric space, “without he has demonstrated that the management and arrangement” of the same he has incurred himself “abuse”.
Telemadrid resorted to the National Hearing after Industry rejected its request, cradle in the argument “to fulfill the fundamental purpose” to offer to the Madrilenians the access to this channel, that at the moment spreads through channel 33 with digital technology.
The sentence, with effect from the past 10 of April, esteem that the legal frame that it regulates the technological transition to the TDT “specifically does not recognize” the independent communities the right to emit in two channels with analogical technology. In addition, it notices that the generic recognition of the right of these administrations becomes “based on the availabilities of the radioelectric space”.
The National Hearing emphasizes that a “legal direct qualification” does not exist that it authorizes to emit in analogical technology, but the “possible allocation of frequencies” will have to consider the later process of implantation of the TDT and norms.
The sentence counts on a particular vote of the magistrates Jose Luis Sanchez Diaz and Jose Alberto Fernandez Rodera in whom they argue that the action of justice is due to limit to verify if existed or radioelectric nonspace available, or if the plans of Telemadrid prevented the Technical Plan of TDT.
Also, they assure that the future planning cannot “base without plus” the deprivation of a public service of general interest, without motivating “very widely and sufficiently” why this decision is adopted.
By all this, according to these magistrates, it would come to the partial estimation of the resource and, with cancellation of the resorted resolution, to return to carry out “a reasoned and motivated” uprising with the “retroaction” of corresponding activities.
Telemadrid, on the other hand, assures that it will resort before the Supreme one, since it argues that the Government did not realize studies nor projects that “justified or prevented” the emission of The other based on the availabilities of the radioelectric space or the “blocking” of the development of the National Plan of TDT.