Article 13º
Basic telecommunications network
1. The state shall guarantee the existence, availability and quality of a public
use telecommunications network, denominated basic network, to cover the
communication needs of the citizens and those of social and economic activities
over the whole of the national territory, allowing for international connections in
keeping with the needs of a harmonious and balanced social and economic
development.
2. The basic telecommunications network shall be made up of a fixed system
for subscribers, the transmission networks and concentration, switching and
processing nodes, assigned to basic service.
3. For the effects of the above provisions the following terms will be defined
as:
a) Subscriber fixed access system – the group of transmission devices
placed between a fixed point, at the physical connection to the subscriber
terminal and another point, situated in the physical connection with the
first concentration, switching and processing node.
b) Transmission network – the set of physical and radioelectric devices that
establish connections for the transmission of information between two
concentration, switching and processing nodes.
c) Concentration, exchange and processing nodes – any device or system
that routes or processes information, originating or addressed to the
subscriber access system.
4. The infrastructure that integrates the basic telecommunications network
constitutes a public asset, and will be assigned in keeping with the law to the
incumbent carrier that operates it under contract.
5. The basic telecommunications networks must function as an open
network, supporting the transmission of services in general. Thus, its use must
be afforded to all public telecommunication carriers in equal conditions.
6. Within the segment of public telecommunication services in which the
Incumbent Carrier competes with other legally established carriers, any practice
that distorts competition conditions or constitutes an abuse of the dominant
position shall be banned.