Terrestrial broadcasting licenses may be granted only to EEA nationals and EEA incorporated companies, unless the foreign state grants reciprocical treatment to Spanish nationals/companies. The participation in the capital stock of terrestrial broadcasting companies by foreign non-EEA nationals or legal persons is subject to reciprocity. The individual participation of a non-EEA national or legal person may not directly or indirectly exceed 25% of the share capital, and the total of the holdings in the same broadcasting company by various non-EEA nationals or legal persons must be less than 50% of the share capital.
"Article 2. Definitions. [...]
2. Audiovisual communication services.
Audiovisual communication services are those whose editorial responsibility corresponds to a service provider and whose main purpose is to provide, through electronic communications networks, programs and content in order to inform, entertain or educate the general public, as well as to issue communications. commercial.
The modalities of the audiovisual communication service are:
a) The television audiovisual communication service, which is provided for the simultaneous viewing of programs based on a programming schedule.
b) The television audiovisual communication service on request, which is provided for viewing programs and content at the time chosen by the viewer and at their own request based on a catalog of programs selected by the communication service provider.
c) The television audiovisual communication service on the move or "television on the move", which is provided for viewing programs and content on a mobile device.
d) The radio audiovisual communication service, which is provided for the simultaneous audition of programs and contents on the basis of a programming schedule.
e) Radio audiovisual communication services on request, which is provided for the audition of programs and content at the time chosen by the listener and at their own request based on a catalog of programs selected by the communication service provider.
f) The mobile radio audiovisual communication service or "mobile radio", which is provided for listening to programs and content on a mobile device.
[...]
Article 22. Legal regime of audiovisual communication services of general interest.
1. Radio, television and related and interactive audiovisual communication services are services of general interest that are provided in the exercise of the right to free expression of ideas, the right to communicate and receive information, the right to participate in life political and social rights and the right to freedom of business and within the promotion of equality, plurality and democratic values. [...]
3. When said services are provided by terrestrial hertzian waves, they will need a prior license granted by means of a competition by the competent audiovisual authority.
[...]
Article 25. Requirements to be the holder of an audiovisual communication license.
To be the holder of a license it will be necessary to meet the following requirements:
1. In the case of natural persons, have the nationality of a Member State of the European Economic Area or of any State that, in accordance with its internal regulations, recognizes this right for Spanish citizens.
2. In the case of legal persons, have their registered office in a Member State of the European Economic Area or in any State that, in accordance with its internal regulations, recognizes this right for Spanish companies.
3. The owner must have a representative domiciled in Spain for the purposes of notifications.
4. In the case of legal persons, the participation in their capital stock of natural or legal persons nationals of countries that are not members of the European Economic Area must comply with the principle of reciprocity.
Furthermore, the individual participation of a natural or legal person from countries that are not members of the European Economic Area may not directly or indirectly exceed 25% of the share capital. Likewise, the total of the holdings in the same legal person of various natural or legal persons of nationals of countries that are not members of the European Economic Area must be less than 50% of the share capital.[...]" (General of Audiovisual Communication Law (7/2010, of March 31), last amended on 1 May 2015, Articles 2, 22 and 25 [google translation])
General of Audiovisual Communication Law (7/2010, of March 31), in force from 05/01/2010 (subsequently amended), Articles 22 and 25
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