Key Benefits:
Bs. As., 18/12/2001
VISTO the Record of the FEDERAL COMMITTEE OF RADIODIFUSION No. 3063.00.0/99, and
CONSIDERING:
That the proceedings mentioned in the Hittite relate to the request made by Ms. Elba Elena SCHAAF for the direct award of a license for the installation, operation and operation of a sound broadcasting station by modulation of frequency in the locality SAN VICENTE, province of MISSIONES, Category E, Channel 265 frequency 100.9 MHz, in the framework of the FM Emissive Standardization Regime, established by Decrees No. 310/98, No. 2/99 COMFER-01.
That the Broadcasting Act No. 22,285 stipulates in its article 39 (a) that "The licences for the provision of the broadcasting service by individuals shall be awarded by the NATIONAL EXECUTIVE PODER through public examination by the FEDERAL COMMITTEE OF RADIODIFUSION, as established by the regulation of this law, for the case of sound and television broadcasting stations".
That, therefore, sound broadcasting stations by frequency modulation, in accordance with the existing legal system, must be awarded by decree of the NATIONAL EXECUTIVE PODER, subject to the corresponding public examinations convened for the purpose by this FEDERAL COMMITTEE.
That Decree No. 310/98 was issued in 1998 as amended by its similar 883/01 supplementing the Regime for the Standardization of Modulated Frequency Emissors, approved by Decree No. 1144/96, amended by its similar No. 1260/96.
That the legal norm quoted in the first term modifies the system of award established by article 39 of Law No. 22.285, regarding the licences for the installation, operation and operation of sound broadcasting stations by modulation of frequency categories E, F and G.
That this FEDERAL COMMITTEE issued Resolution No. 16-COMFER/99, by which it proceeded to approve the Pledges of General and Particular Bases and Conditions that would govern the calls to public contest and the system of direct award.
That subsequently, by Resolution No. 76-COMFER/99, a public competitive examination was called for the award of licences for the installation, operation and operation of broadcasting stations by modulation of frequency in categories A, B, C and D and the timetable setting the dates for the openings of the contests and submission of applications for direct award of licences for categories E, F and G was approved.
That, by Resolution No. 663-COMFER/01, the system of evaluation of the proposals submitted by the direct award system was modified only with respect to those locations not included in the conflict zones defined in due course by the NATIONAL COMMUNICATIONS COMMISSION No. 6135/00.
That the Bases and Conditions Deployment which led the procedure for the direct award of the license of a sound broadcasting station by modulation of frequency in the town of SAN VICENTE, province of MISSIONES, established the requirements in form and in substance that should meet the proposals to be presented to the aforementioned procedure.
That these ends are in some cases related to compliance with the conditions set by Act No. 22,285 for access to the ownership of radio broadcasting licences and in others to the particular requirements set for the direct award procedure.
That, of the analysis carried out by the relevant areas of this FEDERAL COMMITTEE, of the proposal submitted by Ms. Elba Elena SCHAAF for the direct award of the license of the station referred to in the first consideration of the present, it can be concluded that it conforms to the legal and regulatory requirements established by Law No. 22.285 and, in particular, to those imposed by the Pledge of Bases and Conditions.
That by NOTACNC N° 6318/01 the NATIONAL COMMUNICATIONS COMMISSION, proceeded to assign the frequency, channel and distinctive signals, regarding the entire request for direct award of license submitted for the province of MISSIONS.
That from the above arises that there is technical feasibility in the location under study to meet the demand for frequency, in order to resolve all requests made by the direct award system, in case each of them meets the legal and regulatory requirements established for that purpose.
That, therefore, the above-mentioned technical agency proceeded to assign to the petitioner Channel 265, frequency 100.9 MHz, Category E, for the locality of SAN VICENTE.
That the Advisory Committee had stated that the offer submitted by Ms. Elba Elena SCHAAF is in all its aspects in line with the requirements and requirements set by the Base and Conditions, considering that there is no objection to the Preadjudication Commission designated by Resolution Nro. 1275-COMFER/00 and modified by its similar Nro. 88-COMFER/01, pre-adjudge the license granted.
That the precited Commission has been issued favourably, pre-adjudicing the petitioner the license for the installation, operation and operation of the service in question.
Consequently, the General Directorate for Legal and Policy Affairs has issued the relevant opinion.
The present is determined in accordance with the powers conferred by article 98 of Act No. 22,285 and Decree No. 98/99.
Therefore,
THE INTERVENTOR IN THE FEDERAL COMMITTEE OF RADIODIFUSION
RESUELVE:
ARTICLE 1 . Adjudicate Ms. Elba Elena SCHAAF, D.N.I. 14.341.228, a license for the installation, operation and operation of a sound broadcasting station by modulation of frequency that will operate on Channel 265, Frequency 100.9 MHz., Category E, identified with the distinctive sign "LRH 729", of the town of SAN VICENTE, province of MISIONES, according to the provisions of Article 4 of Decree No. 310/98 modified, 883
ARTICLE 2° . The license granted shall cover a period of QUINCE (15) years from the beginning of the transmissions, which may be extended for one time and at the request of the licensee for TEN (10) years, in accordance with the terms of article 41 of Law No. 22.285 and 9 of Decree No. 310/98, modified by its similar No. 883/01.
ARTICLE 3° . Take a time limit of VEINTE (120) corrected days from the publication of the present, so that the licensee sends the technical documentation required in Title III of the General and Private Bases and Conditions which as Annex II integrates Resolution No. 16-COMFER/99.
ARTICLE 4° El The amount of the guarantee of compliance with the obligations arising from the present award referred to in Article 9 of the Base and Conditions Approved by Article 2 of Resolution No. 16-COMFER/99, amounts to the sum of PESOS TRES MIL QUINIENTOS DIEZ ($ 3.510) debending the deposit to be constituted in the form and period prescribed in the article 20.
ARTICLE 5° . Please note that within the TREINTA (30) days after the operation of the station, the licensee must apply for the corresponding final technical inspection of this FEDERAL COMMITTEE, in order to obtain the qualification provided for in Article 20, paragraph 20.5 of the said Form and Conditions.
ARTICLE 6° ). Sign in, publish, give to the National Directorate of the Official Register and fulfilled ARCHIVESE (PERMANENT). . Dr. GUSTAVO F. LOPEZ, Interventor, Federal Broadcasting Committee.
e. 21/12 No. 373.514 v. 21/12/2001
