Decree No. 7,670, Of 16 January 2012

Original Language Title: Decreto nº 7.670, de 16 de Janeiro de 2012

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DECREE NO7,670, DE January 16, 2012

Altera devices of the Regulation of Broadcasting services approved by Decree #52,795, October 31, 1963, and the Decrees #88,066, of January 26, 1983, and #5,820, of June 29, of 2006.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him on art. 84, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of Law No. 4,117 of August 27, 1962,

D E C R E T A:

Art. 1º The Regulation of Broadcasting Services, approved by Decree No. 52,795 of October 31, 1963, passes in effect with the following amendments:

" Art. 6º ....................................................................................

§ 1º Compete to the President of the Republic listen, by means of concession, the exploitation of the broadcasting services of sounds and images.

§ 2º Compete to the Minister of State for Communications outoring, by means of concession, permission or authorization, the operation of the sound broadcasting services. " (NR)

" Art. 7º .....................................................................................

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e) anonymous or liability companies limited, observed the provisions of § 1º of the art. 222 of the Constitution ; and

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" Art. 10. ...................................................................................

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§ 4º The technical feasibility studies targeting to the inclusion of channel in the respective distribution plan will be drawn up exclusively by the National Telecommunication Agency upon request from the Ministry of Communications.

§ 5º The elaboration of studies concerning the economic viability of the venture does not assure the person concerned any right or advantage over others who with him apply for the bidding process for the execution of the service.

§ 6º The Ministry of Communications may draw up the economic feasibility studies of which it treats § 3º.

............................................................................................... " (NR)

" Art. 13. ...................................................................................

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XIV-mention expressed when the service comes to be run in locality situated in the border strip ; and

XV-minuta of the contract, containing its essential clauses

............................................................................................... " (NR)

" Art. 15. ...................................................................................

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§ 1º ..........................................................................................

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d) declaration of no plot superior to thirty per cent of the total and voting social capital that is held, directly, indirectly, or by means of a company under common control, by providers of telecommunications services of collective interest, pursuant to § 1º of the art. 5º of Law No. 12,485 of September 12, 2011.

§ 2º ...........................................................................................

a) balance sheet and demonstrations accounting for the last social year, already required and presented in the form of the law, which vouch for the good financial situation of the company, vetting its replacement by balance sheets or provisional balance sheets, except when the entity is still not completed a fiscal exercise, hypothesis in which it is expected to present its opening balance ;

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c) voucher for collateral pickup, in the terms of the edital ;

d) opinions of two independent auditors demonstrating the company's economic ability to carry out the investments necessary for the provision of the intended service, when the edition so requires ;

e) investment project that demonstrates the source of the resources to be applied in the venture ; and

f) other documents and information that the Ministry of Communications to consider necessary, pursuant to § 1º of the art. 5º of Decree-Law No 236, 1967.

§ 2º-A. The value of the collateral deposited by the winning entity will be discounted from the value of the outorga at the time of payment of which it treats the art. 30.

§ 2º-B. The losers' bidders will receive the value of the collateral corrected by the rate of the Special Settlement and Custody System-SELIC.

§ 3º ..........................................................................................

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d) proof of regularity to the farms federal, state, district and municipal office of the entity's headquarters, or other equivalent, in the form of the law ; and

e) proof of regularity of pickup of the resources of the Telecommunication Supervisory Fund-FISTEL.

§ 4º The documentation relating to the partners will consist of:

a) proof of the condition of Brazilian nato or naturalized for more than ten years for the associates who represent at least seventy-per cent of the total and voting social capital, pursuant to § 1º of the art. 222 of the Constitution ;

b) civil and criminal negative certificates of the State, district, federal and electoral justices, and certificates of protest of titles, of the places of residence in the last five years and of the places where they exercise, or hajam exercised, in the same period, economic activities ;

c) in case of positive stock certificates not carried on trial, the entity is to jointly present the respective full certificate of the content ;

d) proof of compliance with obligations election, upon document provided by Electoral Justice ; and

e) declaration that they are not partners of another entity performing the same type of broadcasting service, in the locality provided for in the edition, nor from other broadcasting entities beyond the limits set in art. 12 of Decree-Law No. 236, 1967.

§ 5º The documentation for the leaders will consist of the documents mentioned in the letters "to" the "d" of § 4º, as well as in declaration that:

a) do not participate in direction of another executant of the same type of broadcasting service, in the locality provided for in the edition, nor from other broadcasting entities beyond the limits set in art. 12 of Decree-Law No. 236, of 1967 ; and

b) are not in the elective mandate exercise which ensures them parliamentary immunity or office or function of which special course decorates.

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§ 9º In the event that the bidder is a society by shares, the documents required under § 4º shall apply only to those associates possessing at least ten per cent of the shares representative of the social capital, the legal representative of the corporation shall submit declaration that all the partners with a share of less than ten per cent meet the requirements laid down in this Regulation.

§ 10. If the person concerned possesses as a partner legal person, he should submit the documents required in § 4º referring to the associates of this one, repeating the operation until the identification of all natural persons with shareholding in the entity bidder. " (NR)

" Art. 16. ...................................................................................

§ 1º For the classification of tenders, they will considered the following criteria, as act of the Ministry of Communications:

a) time earmarked for educational programmes- maximum twenty points ;

b) time intended for journalistic service and news-maximum of twenty points ;

c) time earmarked for cultural programmes, artistic, educational and journalistic to be produced in the municipality of outorga-maximum of thirty points ; and

d) time earmarked for cultural programmes, artistic, educational and journalistic to be produced by entity that does not have any association or bond, direct or indirect, with companies or performers of broadcasting services-maximum thirty points.

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§ 8º The value of the outorga will be the offeror by the winner entity, which should:

a) to observe the conditions set out in the edit object of the tender ; and

b) substantiate the full payment of the value of the outorga in the act of signing the contract.

§ 9º The terms of the proposal of the entity liquor and the precepts and obligations laid out in art. 28 will be in the concession contract or permission.

§ 10. The outorgas for the private law entities mentioned in the art. 7º, points "d" to "f" shall be formalized by means of signature of administrative contract with the Union, by means of the Ministry of Communications.

§ 11. The President of the Republic or the Minister of State for Communications, as defined in this Regulation, may hear the exploitation of broadcasting services with institutional purpose for States, Federal District and Municipalities, being vetoing any kind of transfer. " (NR)

" Art. 29. The winning entity shall submit to the approval of the Ministry of Communications, within four months of the date of adjudication of the object of the tender, the places chosen for assembly of the station, as well as plants, budgets and all other technical specifications of the equipment, under penalty of decay the right to hire, which will occasion the summoning of the remaining bidders.

Single Paragraph. The extension of the deadline described in the caputshall not be admitted, except in the event of force majer or fortuitous case, duly substantiated before the Ministry of Communications. " (NR)

" Art. 30. The Ministry of Communications will make available boleto for payment, in up to thirty days counted from the publication of the act of approval of venues and equipment, of the integral value of outorga offered by the winner of the certame.

§ 1º The bolt to which the caput refers will be made available by the Ministry of Communications, preferably via the internet.

§ 2º It will not be admitted to extension of the deadline of payment of the full value of the outorga provided for in the caput, save case of force majer or fortuitous case, duly substantiated before the Ministry of Communications.

§ 3º Transcorrection the deadline specified in the caput without the payment of the value of the outorga, it shall decode the entity's right to hire. § 4º The Ministry of Communications may, in the hypothesis of § 3º, convene the remaining bidders, in the order of classification, to sign the contract, in equal time and under the same conditions as proposed by the first ranked, including as to the updated prices of compliance with the convocatory act, or revoke the tender, regardless of the application of the fines provided for in the edition.

§ 5º In the case of broadcasting services of sounds and images, will be published decree of outorga by the President of the Republic, after the indication by the Ministry of Communications of the bidder apt to the hiring. " (NR)

" Art. 31. Concession and permit contracts will only be signed after the proof of the full payment of the value of the proposed outorga, within up to sixty days after notification for its celebration, and will have excerpt published in the Official Journal of Union.

§ 1º The notification to which the caput refers shall indicate the date, time and place of conclusion of the concession contract or permission.

§ 2º The contract will be signed by the leader of the entity and by the Minister of State for Communications who, in the act, shall represent the President of the Republic in the case of radio broadcasting services of sounds and images, and shall be published in excerpt at the Official Journal of the Union.

§ 3º Transcorrection the deadline specified in the caput without the signing of the contract, you shall decide the right to contract from the entity and the Ministry of Communications shall summon the remaining bidders, in the manner provided for in § 4º of the art. 30, without prejudice to the application of the fines provided for in the edition. (NR)

" Art. 40. The entity will be able to send, by up to one hundred and eighty days after the issuance of the authorization for operation in provisional character, station survey laude drawn up by suitably enabled engineer. " (NR)

" Art. 41. Should the entity not send the laude referred to in art. 40 or the submitted laude is at odds with regulatory requirements, the Ministry of Communications will request the National Telecommunications Agency to conduct survey at the station. " (NR)

" Art. 42. No broadcasting station may initiate the execution of the service without the authorization for operation in provisional character or the operating licence. " (NR)

" Art. 93. The direct transfer of grants or permits can only be effective if the society for which the grant or permission will be transferred condition is conditional on the constant requirements of the art. 28. " (NR)

" Art. 94. The application for direct transfer of grant and permit will be submitted to the Ministry of Communications.

§ 1º The request that it treats the caput will be formulated jointly by the holder of the concession or permission and by the one for which the outorga will be transferred, and will be instructed with the forms and documents set out in act of the Minister of State for Communications.

§ 2º The grant or permit will be transferred observed the same timelines and original conditions.

§ 3º Compete to the Ministry of Communications to decision on requests for direct transfer of concession and permission of sound broadcasting services

§ 4º Compete to the President of the Republic to decision on the requests for direct transfer of broadcasting services of sounds and images, which will be previously instructed by the Ministry of Communications. " (NR)

" Art. 95. Indirect transfer of grants or permits can only be effective if the interested society condition itself to the constant demands of the art. 28. " (NR)

" Art. 96. The application for indirect transfer of grant and permit will be submitted to the Minister of State for Communications.

§ 1º The request that it treats the caput will be instructed with the forms and documents set out in act of the Minister of State for Communications.

§ 2º Compete to the Minister of State for Communications the decision on the applications for indirect transfer of concession and permission of sound broadcasting services.

§ 3º Compete to the President of the Republic to decision on the applications for indirect transfer of broadcasting services of sounds and images, which will be previously instructed by the Ministry of Communications. " (NR)

" Art. 98. The contractual or statutory changes of the dealerships and permissionaries of broadcasting services that do not involve alteration of the social objectives or modification of the directive framework and the cessation of quotas or shares or increase of social capital that does not result in change in societal control should be informed to the Ministry of Communications, within sixty days from the realization of the act. " (NR)

" Art. 106. Dealerships or permissionaries of sound broadcasting services or sounds and images will not be able to increase the potency of their transmitters without prior authorization from the Ministry of Communications. " (NR)

" Art. 113. .................................................................................

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§ 1º Caberá to the Ministry of Communications decide on the application for renewal of the concessions, permits and authorizations of the sound broadcasting services.

§ 2º Compete to the Presidency of the Republic to decide on the request renewal of the broadcasting services concessions of sounds and images, which will be previously instructed by the Ministry of Communications. " (NR)

" Art. 141. Of the administrative decisions of the organs of the Ministry of Communications will be a single appeal, which must be brought within thirty days to the authority that delivered the decision.

Single Paragraph. Should the authority that it treats caput not reconsider the decision within five days, it should refer the appeal to the higher authority under Law No. 9,784 of January 29, 1999. " (NR)

Art. 2º The Regulation of Broadcasting Services, approved by Decree No. 52,795, 1963, passes the following addition to the following device:

" Art. 31-A. After the conclusion of the contract to which the art refers. 31, the Minister of State for Communications will make publication, in observance of the single paragraph of art. 61 of Law No. 8,666 of June 21, 1993, would pore that it will contain the following information:

I-entity ;

II-service to be provided ;

III-area of service provision ;

IV-main obligations ; and

V-other information that is done necessary.

§ 1º The portry to which the caput refers It will be sent to the National Congress, via the message of the President of the Republic, for deliberation.

§ 2º The deliberation of the National Congress, of the which will result in legislative decree on the approval of the outorga, it is condition of the effectiveness of the portry.

§ 3º The time limit of the concession or the permit will be initiated from the publication of the legislative decree.

§ 4º After the publication of the legislative decree, the Ministry of Communications will issue operation authorization in provisional character, which will be valid until the date of issue of the respective operating licence.

§ 5º Case the outorga in the is approved by the National Congress, the bidder will receive the values paid to the FISTEL on the grounds of the outorga, corrected by the SELIC fee, being provided to the Ministry of Communications to convene the remaining bidders for signature of the contract, in equal time and in the same conditions proposed by the first ranked, including as to the updated prices of compliance with the convocatory act, or revoke the tender, regardless of the application of the fines provided for in the edition. " (NR)

Art. 3º The art. 6º of Decree No 88,066 of January 26, 1983, passes in force with the following amendment:

" Art. 6º The applications for renewal of the grants and permissions of sound and sound broadcasting services and images will be submitted to the Ministry of Communications, and appreciated:

I-by the Ministry of Communications, in the cases of sound broadcasting services ; and

II-by the Presidency of the Republic, in cases of speech broadcasting services and images, after instruction from the Ministry of Communications.

............................................................................................... " (NR)

Art. 4º The art. 13 of Decree No 5,820 of June 29, 2006, passes in force with the following amendment:

" Art. 13. ...................................................................................

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§ 1º The Ministry of Communications may order authorizations for states, Federal District and Municipalities for the exploitation of the Citizenship Channel, provided for in the inciso IV of the caput.

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§ 3º The selection of the entities responsible for programming of the radiofrequency tracks, in shared operation with the Union, States, Federal District, or Municipalities, will be made by the Ministry of Communications, by means of selective process, in the terms of specific regulations. " (NR)

Art. 5º The following devices in the Regulation of Broadcasting Services, approved by Decree No. 52,795, of October 31, 1963:

I-the § § 1º and 2º of the art. 6º;

II-item 2 of paragraph 1º (c) of the art. 15 ;

III-the points "c" and "d" of § 5 ° of the art. 15 ;

IV-the items 2 and 3 of the art. 28 ;

V-o art. 32 ;

VI-the arts. 34 a 39 ;

VII-the art. 105 ;

VIII-the art. 114 ;

IX-the art. 121 ;

X-the arts. 142 a 148 ; and

XI-the art. 179.

Art. 6º This Decree goes into effect on the date of its publication and its devices apply only to the published editals after the beginning of its term.

Brasilia, January 16, 2012 ; 191º of the Independence and 124º of the Republic.

DILMA ROUSSEFF

Cézar Santos Alvarez