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AMENDING THE GENERAL LAW ON TELECOMMUNICATIONS IN ORDER TO ESTABLISH PENALTIES FOR THE ILLEGAL DECOY OF LIMITED TELEVISION SERVICES

Original Language Title: MODIFICA LA LEY GENERAL DE TELECOMUNICACIONES PARA ESTABLECER SANCIONES A LA DECODIFICACIÓN ILEGAL DE LOS SERVICIOS LIMITADOS DE TELEVISIÓN

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LAW NO. 21,119 AMENDS THE GENERAL LAW OF TELECOMMUNICATIONS TO ESTABLISH SANCTIONS FOR THE ILLEGAL DECODING OF LIMITED TELEVISION SERVICES Having present that the National Congress has given its approval to the bill originating in The motion of the Honorables Senators Guido Girardi Lavin, Juan Pablo Letelier Morel and Manuel Jose Ossandon Irarrazabal, and former Senators Manuel Antonio Matta Aragay and Patricio Walker Prieto, Bill: " Single Article.-Reform of Law No 18.168, General Telecommunications, as follows: 1.-Incorporate, in Article 36 B, the following point (e): " (e) which without the authorization of the legal distributor, commercializes or distributes a sign of Limited television services adequately protected, or who, in the same way, amount, distribute or commercialize tangible or intangible devices intended for the decoding of such signals, shall be punished with a penalty of fine of 10 to 1,000 monthly tax units and the comiso of such devices. In the event of a recurrence, a fine of 20 to 2,000 monthly tax units and the use of such instruments shall be imposed. The one who, with a profit motive, provides installation services for the devices mentioned in the previous paragraph, will be punished with a penalty of 1 to 100 monthly tax units, or 2 to 200 monthly tax units if it is a repeat incident. In order to determine the amount of the fines referred to in the preceding points, the following circumstances must be considered: (i) The possible economic benefit obtained by reason of the infringement. (ii) Economic capacity of the infringer. (iii) The previous conduct of the offender, except in case of recidivism. For these purposes, the satellite signal shall be deemed to be adequately protected if the permissioner of the service has, in due time, adopted sufficient technological measures for the protection of its services. " 2.- Article 37a: " Article 37a.-Any establishment in which the television limited service signal devices are placed on the market shall, in the place of the public, display, in a prominent and clearly visible manner, a sign indicating the (i) the prohibition and penalties related to the decoding of the ".". And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, October 26, 2018.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Gloria Hutt Hesse, Minister of Transport and Telecommunications. What I transcribe to you for your knowledge.-Salutes intently to Ud., Pamela Gidi Masias, Deputy Secretary of Telecommunications.