VISTO Issue No. 2928/98 of the Registration of the FEDERAL COMMITTEE OF RADIODIFUSION and
That Resolution No. 626-COMFER/98 established the Sanctions Regulations applicable to the holders of transgression broadcasting services to Act No. 22,285, its regulations and other supplementary provisions, repealing the previous regime approved by Resolution No. 1413-COMFER/96.
It is appropriate to establish a system that facilitates the cancellation of the emerging obligations of the fines applied during the previous sanctions regime; as well as the completion of all outstanding claims for the offences committed until 31 August 1998, inclusive.
That in order to adhere to this regime, it will be essential to comply with all the administrative and/or judicial remedies filed by the licensees and/or broadcasters.
That the legal service of the FEDERAL COMMITTEE OF RADIODIFUSION has issued the relevant Views.
That the present decree is issued in exercise of the powers conferred by article 99, paragraph (l) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1-Appropriate the Disability Regime, for the enforcement of penalties for transgressions to the existing legal provisions on broadcasting, applicable to licensees and/or broadcasters throughout the country, which as "ANEX I" is an integral part of the present. Art. 2°-It is established that they are covered by this Disability Regime, the fines imposed or may correspond to the offences committed until 31 August 1998, inclusive. Art. 3°-Please refer to the FEDERAL COMMITTEE OF RADIODIFUSION to dictate the complementary and/or clarification of the present regime. Art. 4°-Contact, post, give to the National Directorate of the Official Register, and archvese.-MENEM. -Jorge A. Rodriguez. -Carlos V. Corach.
1 °- Licensors or holders of broadcasting services that are attached to the present regime shall, by a list, detail the summary proceedings that will include the collection, may include the offences that are in progress and have been duly notified, until 31 August 1998, inclusive.
The list should contain:
(a) In the case of a fine-applied case, indicate the case by which the offence was processed and the resolution by which it was sanctioned.
(b) For the case of pending summaries, payroll of them.
2nd-The accommodation shall be initiated by the submission of a note addressed to the FEDERAL COMMITTEE OF RADIODIFUSION, which expressly states that, following the dictation of the administrative act that approves it, all administrative and/or judicial remedies, which have been filed against the resolutions that have applied the sanctions listed in item 14, shall be automatically discontinued.
Such a note shall be submitted by triplicate, subscribed by the licensees or holders of the broadcasting services, whose signature shall be certified by public scribe and that of this legalized by the respective College, if applicable.
3°-The amount to be canceled through the System of Facilities shall be determined as follows:
(a) In the case of applied fines, the FEDERAL COMMITTEE OF RADIODIFUSION shall calculate the corresponding morbid interests until the date of submission of the application.
(b) In the case of pending cases, the FEDERAL COMMITTEE OF RADIODIFUSION determined the amount of the relevant fine.
The amount resulting from the procedure described will be the one to be cancelled and to be designated as "Monto a Cancel".
4°-In order to apply for accommodation to the Disability Regime, the petitioner must opt for one of the following cancellation alternatives:
(b) To charge the resulting amounts for TELAM SOCIEDAD ANONIMA, to be applied in all matters concerning the dissemination of bells of general interest of the National State.
5°-For the assumption that it has been opted for what is set out in section (b) of the previous point, once dictated the resolution by which the acceptance of this regime is approved, the FEDERAL COMMITTEE OF RADIODIFUSION will inform TELAM SOCIEDAD ANONIMA the sum of the "Monto a Cancel". The latter agency must debit, in advance, the amounts corresponding to the campaigns previously disseminated and which were pending cancellation on its part. The remnant, will be applied to future orders to disseminate the aforementioned campaigns, emanated from the agency.
6° - The publicity orders that could lead to the fulfillment of the present can only be issued by the TELAM SOCIEDAD ANONIMA agency.
7°- Based on the notification of the resolution that accepts the acceptance of this regime, the penalties applied and covered by it shall be automatically complied with, and the relevant proceedings shall be filed.
For the assumption, that TELAM SOCIEDAD ANONIMA notify in a fervent way the non-compliance of the resolution of approval of the hosting, by the adherents, the FEDERAL COMMITTEE OF RADIODIFUSION will proceed to execute the amounts owed with more the existing moratile interests and resarcitories.
In accordance with the above-established modality and conditions, applications should be made within the QUINCE (15) DIAS after the publication of the present.
Once the procedure established in point 3 of this Annex has been carried out, the FEDERAL COMMITTEE OF RADIODIFUSION shall notify the petitioner of the "Monto a Cancel" which shall be signed within the CINCO (5) following days, if no objection is made.
Within sixty (60) days of the previous deadline, the FEDERAL COMMITTEE OF RADIODIFUSION shall proceed to dictate the administrative act that approves or dismisses the acquiescence to the Regimen de Facilities.