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Radiodifoion Law Nro. 22.285 - Modification - Full Text Of The Norm

Original Language Title: RADIODIFUSION LEY NRO. 22.285 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
RADIODIFUSION Ley 26.053 Replace article 45 of Law No. 22.285. Sanctioned: August 17 of 2005 Cast: September 14 of 2005

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress,



ARTICLE 1 Replace article 45 of Law 22,285 with the following:

Article 45:

Licences shall be awarded to a natural or legal person regularly constituted in the country.

Where the applicant is a legal person in training, the award of the license shall be conditioned upon its regular constitution.

Individuals, legal persons as appropriate, members of the bodies of administration and control of non-commercial or non-profit legal persons, and individuals as members of commercial legal entities, shall meet at the time of their submission to the process of awarding the licence and maintain the following requirements:

(a) Being native or naturalized Argentine with a minimum age of five years and older;

(b) Having cultural suitability accredited by a path that can be objectively proven;

(c) Having heritage capacity according to your investment and being able to demonstrate the origin of the funds;

(d) Not being incapacitated or disqualified, civilly and/or criminally, to hire or trade or to have been convicted of a criminal offence;

(e) Not to be a default debtor of fiscal or forecast obligations, nor to be a debtor of the levy provided for in article 73 of this Act;

(f) Do not have a corporate legal link or direct or indirect subjection with foreign journalistic or broadcasting companies, unless reciprocity agreements signed by the Argentine Republic with third countries provide such possibility or that contracts for the assignment of shares, quotas or transfer of the licence holder have been concluded prior to the date of entry into force of Law 25,750, and which are approved in the Defence Commission;

(g) Not to be a judicial judge, legislator, public official, military or security personnel in activity;

(h) Not being a legal person providing a public service. Not to be director or administrator of such a legal person, nor to be a majority shareholder of the same that possesses 10% or more of the actions that make up the social will.

In the event that the offerer is made up of other people of ideal existence, the above requirements must be met by those who conform to the majority social will.

The application authority shall evaluate the proposals for its award without prejudice to the provisions of article 41, on the basis of suitability, experience and rooting exclusively. The requirements under this article are conditions of admissibility. Where the applicant for a licence for the exploitation of broadcasting services is a non-profit legal person providing public services, the application authority shall award the licence to the applicant if it does not exist in the primary area of coverage, or service area in the case of complementary broadcasting services, another licensee effectively providing the requested service.

When a non-profit legal person is awarded a licence, which is also a provider of a public home service in the same locality of the licensed service area, it must comply additionally with the following requirements:

(1) Separate accounting and invoice separately the benefits for the licensed service;

(2) Do not engage in anti-competitive practices such as tied practices and cross-subsidies with funds from the public service to the licensed service;

(3) Do not deny competitors in licensed services access to their own support infrastructure, especially poles, masts and ducts, under market conditions. Market conditions are considered for the purposes of this rule for those from previous or existing contracts for this type of benefit.

For legal persons referred to in this Act, the provisions set out in article 2 of Act No. 25,750 shall apply.

ARTICLE 2 Contact the Executive.


# 26,053 EL

EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.