Álava declares Telefónica's fiber optics in rural areas of public interest

The Provincial Council of Álava has declared of public interest the project promoted by Telefónica España, SAU to install fiber optics on plot 394 of polygon 1 of the municipality of Arratzua-Ubarrundia, classified as non-developable land. The decision is adopted through Provincial Order 404/2026, of August 13, from the Department of Territorial Balance and Land Use Planning, and is published in the Official Gazette of the Historical Territory of Álava (BOTHA) number 95, of August 21, 2026 (reference 2026-02457).

The declaration allows for the deployment of the broadband network in a special forest protection zone, within the framework of the universal telecommunications service. The application was submitted by Smart Telecom Consulting 2004, SLU, on behalf of Telefónica de España, SAU, to the City Council of Arratzua-Ubarrundia, which forwarded the file to the Provincial Council for processing.

A project on protected land

The works consist of the placement of 8 polyester poles and the replacement of 2 wooden poles with polyester ones, all on line 110004, along with 1 meter of ducting and the installation of cable. The objective is to provide fiber access between the transmission equipment of the central office and the base stations, where the optical network termination equipment is located, next to the Mitxalday road, in the town of Landa.

The affected area is classified as zone J.1.4: Special protection zone due to its forest value, with overlapping constraints regarding aquifer vulnerability and the protection of aeronautical easements. Additionally, the line is located within the police zone of the A-3002 road and crosses a river.

Legal framework and universal service

The declaration is based on article 28.5.a) of Law 2/2006, of June 30, on Land and Urban Planning, which allows actions declared of public interest by resolution of the provincial council on non-developable land, following a twenty-day public information process. It is also supported by article 13.1 of Royal Legislative Decree 7/2015, the consolidated text of the Land and Urban Rehabilitation Law.

Telefónica de España, SAU is registered as an operator in the registry of operators and is designated, according to Order ECE/1280/2019, as the operator responsible for providing the elements of the universal service relating to the supply of the connection to the public network and the telephone service available to the public. The content of this universal service is regulated in articles 37 and following of Law 11/2022, of June 28, General Telecommunications Law.

Processing and allegations

The file was initially approved by Provincial Order 306/2026, of June 18, which opened a 20-day public exhibition period from its publication in BOTHA number 73, of June 29, 2026. No allegations were submitted during that period.

The declaration of public interest does not exempt the obligation to obtain the corresponding municipal license to execute the project, nor does it prejudge the resolution that must be issued by the city council. Against the order, which exhausts administrative remedies, a contentious-administrative appeal may be filed within two months before the High Court of Justice of the Basque Country, or an optional appeal for reversal within one month.

The resolution is signed by the Deputy for Territorial Balance and Land Use Planning, Laura Pérez Borinaga, in Vitoria-Gasteiz on August 13, 2026.

Impact on the rural environment

The measure strengthens connectivity in rural Álava and access to broadband internet in rural areas, in line with the objectives of the General Telecommunications Law to promote network deployment and reduce inequality in access to ICT. For the residents of Arratzua-Ubarrundia, it represents a step toward the extension of the universal telecommunications service in an area of special forest protection.

Source: Official Gazette of the Historical Territory of Álava (BOTHA), no. 95, August 21, 2026, section I (official reference: 2026-02457).