The expropriation procedure in Spain to establish telecommun essays

The expropriation procedure in Spain to establish telecommun essays The liberalization of telecommunications in Spain has resulted in new undertakings in the telecommunications market which need the authorization of the owner of the land to establish their network, for example, buried cables, antennas on the top of the buildings. When there is no agreement between them, the operator must request the Spanish administration to open an urgent expropriation procedure. The structure of this procedure can vary depending on circumstances, but, the general procedure is as follows: first, there is a declaration of public utility; second, a declaration of the occupations necessity; third, the establishment of the indemnification; and fourth, the lands occupation. The expropriation procedure begins when a technical project is submitted by the operator to the Spanish administration justifying the necessity of occupying the land to establish its telecommunications network. This project must meet the technical and legal requirements to obtain a declaration of public utility. Then, the project is examined by technical civil servants to determine in a report whether it suits the technical requirements. Once the report is given by technical officers, it is transferred to legal officers to determine if the project fulfills the legal requirements. Once the Administration finds that the project satisfied the technical and legal requirements, the land to be expropriated is declared of public utility or social interest. The owner of the land is then allowed to formulate objections within a limited period of time. As son as objections have been give, they are examined by the Spanish Administration which arrives at a Resolution declaring or not the necessity of occupation of the land for the specific purpose of establishing the telecommunication network. After the declaration of necessity of occupation, the owner and the operator are required by the Administration to reach an agreement about the pri ...