18. 3. 97 Official Journal of the European Communities No L 76/19 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 December 1996 concerning the conditions imposed on the second operator of GSM radiotelephony services in Spain (Only the Spanish text is authentic) (97/181/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof, Having given the Spanish authorities, by letter of 23 April 1996, and Telefonica de Espafia SA, by letter of 30 May 1996, notice to submit their comments on the Commis- sion’s objections to the initial payment imposed on Airtel Moévil SA, Whereas: THE FACTS The national measure in question (1) The Spanish Government has imposed an initial payment for the grant of a second concession for the establishment and operation on Spanish territ- ory of a network for the provision of a public mobile radiotelephony service using the pan- European digital system, GSM (global system for mobile communications) (‘GSM service’). That requirement is laid down in Articles 9 (4) and Article 16 of the tendering criteria which were approved by Ministerial Decision (Orden) of 26 September 1994 (). That requirement does not apply to the public operator, Telef6énica de Espafia. The undertaking and services concerned (2)  Telefénica de Espaiia is a Spanish public undertak- ing as defined in Article 2 of Commission Direct- ive 80/723/EEC of 25 June 1980 concerning the transparency of financial relations between Member States and public undertakings (3). The Spanish Government has decisive influence over Telefénica de Espafia for three reasons: (i) The Spanish State is the single largest share- holder in Telefénica de Espafia. When the Commission opened this case, the Spanish State held 31,8 % of the issued share capital. It currently holds 21,16 % of the issued share capital. The remaining shares are divided between approximately 300 000 shareholders. (i) The Spanish Government has the right to appoint a representative with the right of veto over the decisions of the board of directors of Telefénica de Espafia. Under Article 2 (9) of Royal Decree Law (Real Decreto-Ley) 6/1996 of 7 June 1996 (%), this post will only be abolished from 1 January 1998. (') Boletin Oficial del Estado (BOE) No 231, 27. 9. 1994, p. 29778. (» OJ No L 195, 29. 7. 1980, p. 35. () BOE No 139, 8. 6. 1996, p. 18 975.