LAW NO. 20,750 ALLOWS THE INTRODUCTION OF DIGITAL TERRESTRIAL TELEVISION Having present that the National Congress has given its approval to the following Bill: " Article 1 °.-Enter the following amendments in law Nº 18,838, which The National Television Council: 1) In Article 1: (a) Substitute your first indent by the following: "Article 1 °.-The National Television Council, hereinafter" the Council ", is the autonomous institution of constitutional rank created by the sixth paragraph of Article 19 of the Constitution. Policy of the Republic, whose mission is to ensure the proper functioning of all the television services that operate, or operate in the future, in the national territory. It shall have its own legal personality and its own assets, and shall relate to the President of the Republic through the Ministry of Government. ' (b) Intercalase the following second indent: " To the National Council of Television shall not be applicable to general or special rules, issued or issued for the purpose of regulating the State Administration, whether centralised or decentralised, except as provided for in Decree Law No 1,263 of 1975, and in the law of Transparency of the Public Service and Access to Information of the State Administration, approved by Article 1 of Law No 20.285, and Title VI of this Law. "(c) Replace the current second indent, which becomes third, by the following:" For the purposes of ensuring the proper functioning of television services, shall have its supervision and supervision, in respect of the content of the emissions which are carried out through them, except in the technical matters which are standardised and supervised by the Telecommunications Sub-Secretariat. " (d) Replace the third subparagraph, which has become fourth, for the following: " It shall be understood as the proper functioning of these In the case of the European Union, the Commission will be in a position to take the initiative of the European Parliament and the Council of the European Union to ensure that the European Parliament and the Council of the European Union human dignity and its expression in equal rights and treatment between men and women, as well as that of all fundamental rights recognized in the Constitution and in international treaties ratified by Chile and which are in force. For the purposes of this law, pluralism shall be understood as respect for social, cultural, ethnic, political, religious, gender, sexual orientation and gender identity, being the duty of the concessionaires and the permissionaries of services of television, regulated by this law, the observance of these principles. It shall also be understood that the proper functioning of these services includes public access to their programmatic proposal and that, in the form and in the manner in which each dealer determines, the rights and the way in which each dealer is principles referred to in the earlier points. Likewise, the proper functioning of these services includes the full compliance of the dealers and permissionaries with the laws Nos 17.336, 20.243 and Chapter IV of Title II of Book I of the Labour Code. It may also be considered to be correct, inter alia, to incorporate facilities for access to transmissions for persons with special physical needs, the transmission of public utility campaigns to which it refers. Article 12 (m) and the dissemination of programming of an educational, cultural or national interest. " 2) In Article 2: (a) Subparagraph (a) and (b) of the first subparagraph, as follows: " (a) A free-appointment adviser to the President of the Republic, whose suitability ensures the proper pluralism and proper functioning of the Council, which shall be held as President. b) Ten members appointed by the President of the Republic, with the agreement of the Senate. The President will make the proposal in a single act, in order to ensure that pluralism and gender parity are respected in the Council's integration. "(b) The word" secret " should be deleted in its second indent. c) Replace, in the fourth indent, the last sentence, which reads "In any new proposal the President shall maintain the pluralism of integration.", for the following: " In any new proposal the President shall have precautionary the pluralism and the (d) Intercalase, in the fifth indent, following the expression "proposition,", the phrase "being able to repeat names or to insist with the same names,". e) Replace the eighth indent by the following: " The Members should be persons of relevant personal and professional merits, such as: a person who has a recognized career in the field of civil society, culture, arts or communications; he has been graced as a National Award in any of his mentions; he is a member of some of the Academies of the Institute of Chile; having been a parliamentarian; being or having been a university professor; being or having been a director or rector of institutions of secondary or higher education of recognized national prestige, or being a representative of the peoples originating. The appointment shall be made by means of a supreme decree issued through the Ministry of Government General Secretariat. "3) Replaced Article 3 ° by the following:" Article 3 °.-The Council shall have a Secretary-General, who shall be elected or removed, in his/her case, with the assent of seven members of the Council. This professional shall be a minister of faith in respect of the Council's actions, and shall have the other powers and powers which the Council shall designate, provided that they are not administrative in nature. The Council shall also have an Executive Secretary, who shall be elected or removed, where appropriate, with the assent of seven Members of the Council, and shall have the powers and powers referred to in Article 14b of this Law. " 4) Article 5 °: (a) Replace the first paragraph number 1 with the following: " 1.-Vote in accordance with seven of its members in exercise to: designate and remove the Vice-President of the Council; designate and remove the Executive Secretary thereof; designate and remove the Secretary-General of the Council; declare the expiration of a concession or decree a suspension of transmissions; obtain from the Supreme Court the declaration of existence of any of the grounds (c), (d) and (e) referred to in the first subparagraph of the Article 10 of this law. '(b) Substitute, in the second subparagraph, the sentence' The Council may not establish more of two ordinary sessions per month. ',' The Council shall determine the number of monthly ordinary sessions it requires, not being less than two. ' 5) In Article 8: (a) Replace the number 3 of the first indent by the following: " 3.-Persons who, at any rate, perform paid functions in the State Administration or in undertakings in which the State has a stake in their property, with the sole (b) The following final points are added: " During his term of office and up to six months after the end of his duties, the members of the Board of Directors will be unable to apply for employment in the any concession holder for television broadcasting services which could be benefited directly by the resolutions of the Council. The members of the Council and its board of directors may not have economic interests in undertakings or other entities engaged in the manufacture or sale of telecommunications equipment or the business of cable, radio or spectrum communication. electromagnetic; or in some other way related to these through actions, bonds, or other. However, if at the time of his appointment a member has interests in one of these undertakings or entities, he shall have a period of 30 days in order to regularise his situation in accordance with the law. " 6) Replace the second paragraph of Article 10 by the following: " The existence of the causes established in the preceding letters (c), (d) and (e) shall be known and declared by the full Supreme Court at the request of the President of the Republic, the Chamber of Deputies or ten of its members, of the Council, or of any person, in the case of the cause of point (d). ' (7) Substitute, in the Article 11, the expressions "three" and "nine" for "six" and "twenty-four", respectively. 8. in Article 12: (a) Substitute the first and second subparagraphs of point (b) thereof, by the following: " (b) Promote, finance or subsidize production, transmission costs or the dissemination of programmes of a high cultural level, of national, regional, local or regional interest The European Council of Ministers of the European Union, the European Parliament, the European Parliament, the European Parliament, the European Parliament and the Council of Ministers of the European Parliament, of the European Parliament and of the Council of the European Communities (i) to the detriment that for the financing or subsidy of the cultural programming must be heard, in Previous form, the National Council of Culture and the Arts. Annually, the Public Sector Budget law will provide for the necessary resources, in accordance with the provisions of Article 32 (a) of this Law. These resources must be allocated by the Council, following a public tender in which the concessionaire of free reception and independent producers of television broadcasting services may participate. In the case of allocations to independent producers, before the supply of the resources, the producer shall, within 60 days of the decision of the competition, prove that the the transmission of the respective programme under the conditions of hours and levels of hearing prescribed in the bases is guaranteed by a concessionaire of television broadcasting service of free reception or permissive of limited services In the case of television in the cases and forms provided for in these bases. If this time limit is expired, the allocation shall benefit the programme which has obtained the second place in the respective public tender. For these purposes, the Council shall, when deciding on the contest, leave the order of preference in place. The National Television Council must establish a tiered system of benefits, in order to promote the dissemination of the programming of regional, local and local concessionaires of a Community nature. The National Television Council must always ensure compliance with Law No 20,422 and its regulations. In the event that programmes are issued in accordance with the first paragraph of this point (b) the concessionaires and the permissionaries must always include the corresponding subtitled hidden to be visualized specially by persons with disabilities hearing. The terms of the competition must be provided for in order to ensure compliance with the obligations assumed by the final successful tenderer. '(b) Substitute (c) the following:' (c) Carry out, encourage and carry out studies in all Member States. areas relating to their tasks and powers. In particular, the Council should consider studies on the programming transmitted, both at national and regional level, in areas related to culture, education, the environment and other subjects of general interest and their effects on the training of children, young people and adults. The Council may also ask the Telecommunications Secretariat for studies on coverage in one or more service areas. The studies to be carried out shall be public and shall be the subject of public tender or public tender, as appropriate. The studies which are submitted to third parties shall be the subject of a public invitation to tender. '(c) In point (d), the following subparagraph shall be added:' Where such information relates to social and financial matters, the concessionaires of services The Council will be required to provide the Council with the same information as an open public limited company must provide to the Superintendency of Securities and Insurance, with the Council having to observe the same information. obligations and limitations in relation to the public dissemination of the information received. '. Replace point (j) by the following: " (j) Establish its internal rules of operation. In this Regulation, the Council will have to consider the organisation and operation of television advisory committees, in which it may involve representatives of the Ministries of Education, Transport and Telecommunications, and of the National Council of Culture and the Arts; of the concessionaires or television operators; of organizations of parents; of organizations of educators and health organizations and entities engaged in cultural activity in all or any of its manifestations. The Council may also call on the committees to be included here to those persons or entities it deems appropriate, for the contributions they may provide to the development and proper functioning of television as a means of social communication. No member of the Council may be a member of television advisory committees. The advisory committees shall have the purpose of evacuating the reports which the National Television Council requests them on the matters indicated to them or those which it considers appropriate for the best fulfilment of the objectives of this law. However, such reports may not relate to matters relating to the exercise of the powers of the Council or to the granting or termination of concessions, except in the case of concessions of a Community nature, in which the Council shall form advisory committees which shall, by means of public hearings, listen to the social organisations which so require for the preparation of the relevant report. " (k) the following point shall be followed: " Without prejudice to the foregoing, the Council shall be present to the Senate of the Republic once a year for the purpose of reporting on the performance of its duties. '(f) Replace point (l) by the following:' (l) Establish that the concessionaires must transmit at least four hours of cultural programmes a week, understood by those who refer to the values that emanate from the multicultural identities existing in the country, as well as those related to the civic formation of the people, those destined to the strengthening national, regional or local identities, such as parties or This is the case for a number of other events, including the national heritage. Two of these four hours are to be transmitted at high-audience schedules set by the Council, with each concessionaire being at the discretion of determining the day and time within those schedules. The equivalent in time of the other two hours, as determined by the Council, may be transmitted at other times. Where more than one television signal is operated, controlled or administered in the same service area, the obligation shall be fulfilled in each of the signals. In the case of limited television services, this requirement shall be fulfilled in the light of the total number of signals forming its basic offer. The Council shall lay down general rules for sanctioning the transmission of programmes containing excessive violence, trucculence, pornography or the participation of children or adolescents in acts which are at odds with morality or good manners. The Council should also lay down general rules to prevent minors from being exposed to programming and advertising which could seriously damage their health and their physical and mental development. The fact that the offence is committed in hours of transmission to which the child's population normally has access shall be considered to be an aggravating circumstance. Such rules may include the designation of timetables only within which it may be shown that programming which is not suitable for minors is, in any case, preceded by a visual and acoustic warning or identified by the presence of of a visual symbol throughout its duration. Failure to comply with the foregoing provisions shall be sanctioned in accordance with the provisions of Article 33 (2) of this Law. The rules governing the Council and its amendments shall be published in the Official Journal and shall apply from the date of their publication. ' (g) Add the following point (m): " (m) Dictate general and binding rules for dealers and dealers. (a) the provision of limited television services, relating to the obligation to broadcast public interest or public interest campaigns. The public interest campaign shall mean those broadcasts designed by the Ministry of Government General Secretariat, which must be issued in order to protect the population and to disseminate the respect and promotion of the rights of persons. Public interest campaigns may be of a national or regional nature and must be transmitted with subtitling and sign language according to the provisions of Article 25 of Law No 20,422. The Ministry General Secretariat of Government shall determine the public interest or public interest campaigns, by sending the structure, design and main content of the campaign or the campaigns to the Council, which shall approve them, within a period of no more than of 15 days, with the assent of at least seven of its members in exercise. The Council shall, together with the additional instructions necessary for the transmission, forward to the concessionaires and permittees of limited television services the respective resolution with all their antecedents. of the campaign with a view to meeting the objectives of the campaign. These campaigns shall not last for a total of more than five weeks per year, or more than 60 seconds for each issue, until 21 minutes per week. The permissionaries of limited television services will fulfill this obligation in those signals that have the mechanisms to display national advertising. The limitation of five weeks per year may be renewed whenever necessary under considerations of particular relevance and public interest. This will require the agreement of seven of its working members. On this extension television service dealers and limited television service providers will be able to charge the State with the display of these campaigns at non-higher rates and discounts not less than those offered to (9) Substitute Article 13 for the following: " Article 13.-The Council may not intervene in the programming of television broadcasting services of free reception or of services Limited television. However, it may: (a) adopt measures to prevent the dissemination of films which do not correspond to the Council of Motion Picture and Programme Qualification or of programmes or advertising which are contrary to morality, good manners or order (b) to determine the time from which the film material qualified for over eighteen years of age may be transmitted by the Film Rating Council. Advertising, self-promotion, abstracts and extracts of e (c) to introduce restrictions and limitations on the display of products whose advertising is prohibited or limited by virtue of the provisions of the Treaty of European Union and of the European Union. (d) to fix, in general terms, a percentage of up to 40% of Chilean production in the programmes transmitted by the channels of the services of the European Community to the European Community. television broadcasting of free reception. This percentage must include the exhibition of films, documentaries and short films of independent national production. Television broadcasting service providers of free reception and limited television services shall be exclusively and directly responsible for all and any programme, national or foreign, which they transmit, in the case of transmissions or retransmissions via satellite. The transmission or display of films classified with pornographic or excessively violent content, by the Film Rating Council, is prohibited in the television broadcasting services of free reception. The Council shall not have the power to intervene in the other telecommunications services which it is feasible to provide through the networks of the concessionaires, without prejudice to the powers conferred on it to ensure the correct operation of the television broadcasting services of free reception. ' (10) Rule 13a. (11) Substitute Article 14 for the following: " Article 14.-The Council shall adopt measures and procedures to ensure that in the programmes of news, opinion and political debate which are broadcast by any television channel, the Council shall adopt measures and procedures. duly respect the principle of pluralism. ' 12) Replace Article 14a by the following: " Article 14a.-The President of the National Television Council shall direct the institution and, as such, shall have the following functions and (a) Chair the meetings of the Council. b) Dispose the summons to ordinary or extraordinary sessions of the Council and form the table of matters to be dealt with, with the collaboration of the Secretary General and hearing the Executive Secretary. (c) to enforce the Council's agreements in the manner set out in the Regulation, as well as the penalties to be applied by the Council. (d) To personally represent the Council before the authorities, persons and entities in the public events, meetings or events that merit it. (e) Delegate, in whole or in part, its administrative functions in the Executive Secretary. (f) Concourse to the conclusion of all acts and contracts in accordance with the instructions given to it by the Council. g) Plan, direct, organize, coordinate and monitor the administrative operation of the Service, and may delegate, in whole or in part, these functions to the Executive Secretary. (h) To present the National Television Council with judicial and extra-judicial review, and may delegate, in whole or in specific cases, this function to the Executive Secretary. (i) to make the appointment and removal of the officials who perform in the plant and to the contracts of the Council, in accordance with the legal provisions applicable to their staff, and to decide on the grounds of expiry of duties which may affect such staff, in accordance with those provisions. ' (13) Add the following Article 14b: " Article 14b.-The Executive Secretary shall attend Council meetings with the right to speak. It shall be the responsibility of: (a) to conclude all acts and contracts in accordance with the delegation of functions and powers granted to him by the President of the Council. (b) the other powers and powers delegated to it by the President for the best management of the institution. (c) to submit personally to the Council before the authorities, persons and entities in the public acts, meetings or events which merit it, in accordance with the delegation of functions which the President would have carried out. " 14) Article 15 for the following: " Article 15.-The concessions for the free reception of television broadcasting services referred to in Article 17 shall only be granted to legal persons whose term of validity may not be lower than that of the concession. Television broadcasting concessions with their own means will last for twenty years and television broadcasting concessions with third-party media will last for five years. Such concessions shall in any event be intended for free and direct reception by the general public. In the case of concessions with its own means, the Council, with one hundred and eighty days in advance of the expiration of the term of validity of those concessions, or within 30 days of the date on which the decision is implemented which declares a concession expired, or within thirty days of the date on which it is required by any individual interested in obtaining a concession not granted, shall call for public tender. The call will be made for one or more localities and to grant specific frequencies in a given geographical area. The call for tenders must be published in the Official Journal for three times, measuring no less than three or more than five working days between each publication. The Council will approve the bases of the respective competition, which will have to incorporate the technical aspects of the Telecommunications Subsecretariat. Such bases should clearly and accurately indicate the nature and extent of the concession which is being granted and may only require strictly objective requirements. The Council shall take care of each call which, in view of the total availability of the frequency of the band allocated for the television broadcasting service of free digital reception, is met with the reserve of concessions established in the Article 50. The Council must also verify whether the national concessionaires, which do not have concessions in one or more localities considered in the competition, participate or not participate in the competition, informing the Telecommunications Subsecretariat, no such concession shall be submitted to such contests, the frequency reserves being reserved shall be left without effect. The concession with its own means will be assigned to the applicant whose project, adjusting fully to the bases of the respective contest, and complying strictly with the requirements regarding his financial plan and the personal conditions that the law requires to be a holder or to administer a concession, or to represent or act on behalf of the concessionaire, offer the best technical conditions to guarantee an optimal transmission. In the case of national coverage concessions, the technical project may contain complementary solutions for the provision of the free reception television service in order to achieve the coverage required in geographical areas isolated or difficult to receive. If the complementary solutions mentioned above are implemented, they will not be able to affect the free and direct nature of the transmissions for the users, with the concessionaires ensuring that the required receivers are enabled for receive all the signals, principal and secondary, from the concessionaires that have national coverage in the respective service area and choose to implement complementary solutions. The Television Broadcasting Plan shall establish the manner and conditions for compliance with the provisions of this paragraph. In the case of local concessions of a Community nature, the Council shall always abide by the procedure laid down in Article 12 (j) of this law. It is understood, without the need for express mention, that any application has the unrestricted obligation to abide and maintain permanently the "proper functioning" of the service, in the terms established in article 1 of this law. In any renewal of a concession with its own means, the concession holder shall have the right to award the concession, provided that it equals the best technical proposal guaranteeing optimum transmission. Without prejudice to the foregoing, it shall not be the right of the concessionaire who has been convicted two or more times for violations of the laws Nº17.336, Nº20.243 or Chapter IV of Title II of Book I of the Labour Code, during the calendar year immediately preceding the submission of the renewal application, or which had been sanctioned, for the duration of its grant, with more than two suspensions of transmissions for the reason set out in Article 33, No 3, of this law. Within the first month of the last 12 months of validity of the concession, the Council shall communicate to the concessionaire that it shall not have the right of preference in accordance with the provisions of the preceding paragraph, where applicable, which may be claimed by the determination not to be governed by law, in accordance with the procedure laid down in the second and second subparagraphs of Article 27. If the concession holder does not claim or his claim is ultimately rejected, the concession shall be granted in accordance with the following points. If the complaint is not resolved at the end of the duration of the concession, it shall be extended until the complaint is settled. If it is received, the concessionaire shall be deemed to have the right of preferential right from the original maturity of the period of its concession. Notwithstanding the provisions of this Article, the Council shall grant concessions with the means of third parties at any time and without competition, in the case where the respective application expressly states that the the data subject shall use third-party means which have the capacity to carry out the transmission of digital television broadcasting signals. The applications referred to in this paragraph shall comply with the requirements laid down in this Law. Without prejudice to any other background to be determined by the Council in accordance with the law, applications shall accompany the declaration on the nature of the service referred to in Article 22. The procedure laid down in the preceding paragraph shall also apply to the case of the concessionaire who is the holder of a television broadcasting concession with his own means of public tender in accordance with this Article and who wishes to to issue additional television signals, using the radio-electric means referred to in its television broadcasting concession. Without prejudice to the provisions of the foregoing paragraph, no new concessions may be granted with their own means to those legal persons who are already holders of a concession of the same nature, or who control or administer other concessions. concessionaires of television broadcasting services of free reception, which have been granted by public tender, in the same service area, except in the case of a second concession with own means to which national television may choose of Chile, and having as its object the transmission of signals from the concessionaire of regional or regional nature other concessionaires which do not have their own resources, in which case it shall be understood that the transmission capacity of this new concession shall be a remnant for all the effects referred to in Article 17. The limitations set out in the preceding paragraphs shall also affect the respective business group, in accordance with Article 96 of Law No 18.045. No new television broadcasting concessions may be granted, for a period of ten years, to those concessionaires who have been sanctioned in accordance with Article 33 (4) (4) of this Law. " 15) The following Articles 15b and 15c: " Article 15b.-Free reception television broadcasters may be of national, regional, local or local coverage of a Community character, in accordance with the following characteristics: (a) National: those who hold concessions which, as a whole, consider any level of presence, in more than 50% of the regions of the country. (b) Regional: those who hold concessions which, as a whole, consider any level of presence in one or more regions, but not more than 50% of the regions of the country. In case of presence in only one region, such concessions shall comprise an effective range equal to or greater than 25% of the population or a coverage equal to or greater than 50% of the communes of that region. (c) "Local" means: those who hold concessions which, as a whole, are considered to be present in only one region, within which they comprise an effective range of less than 25% of their population and cover less than 50% of the communes of that region. (d) Community-based premises: non-profit-making, private legal persons who are holders of a single concession within the limits of the presence established for local dealers and who are not entitled to such a concession; to form chains or networks on a permanent basis. Such dealers must ensure the promotion of social and local development, and must accommodate the production carried out by social groups or persons residing in the area covered by the concession. Community local concessionaires may be the meetings of neighbours and other community organisations formed in accordance with Law No 19,418, the farming communities and indigenous communities and associations, among others. Party political organisations may not be local dealers of a Community character. Local concessions of a Community character shall be inselectable and their transfer, sale or any form of direct or indirect transfer shall be prohibited. For the purposes of the formation of a television broadcasting service dealer, the holder of the respective concessions or those who fall within the same business group shall be regarded as such, as defined by the Article 96 of Law No 18,045. A concessionaire shall be considered as national or regional coverage if in the first application for a concession which it carries out declares that it shall, within a period not exceeding five years, conform to a national or regional project, as the case may be, although the conditions of presence, coverage or effective scope set out in this Article are not met with the first concession requested. If a dealer does not comply with the hedges declared in his first application within the time limit, he shall lose his or her national or regional character, as the case may be, before which he must adapt his concession to any of the categories identified in this article. Article 15c.-Free-reception television broadcasters may exercise, in a non-discriminatory manner, the right of the consent of their broadcasts, as set out in the third paragraph of Article 69 of the Law No. 17.336, on intellectual property, in respect of all its signals, provided that, in the service area in respect of which they wish to exercise this right, they emit their signals in digital technology and also comply with the conditions of coverage digital established in this law. In any event, such dealers, in areas where they wish to exercise this right, must achieve digital coverage of at least 85% of the population in the service area of the concession in question. Without prejudice to the provisions of the first subparagraph, the permissioners of limited television services shall broadcast in the region or locality in which they operate, and provided that it is technically feasible, at least four regional, local or regional channels. (a) local community in their respective grills or programmatic grills. This dissemination through limited television services will not be able to modify the service area of the respective dealer. The costs of the interconnections for the dissemination of the signals referred to in this article will always be the responsibility of the concessionaire. The exercise of the right contained in this paragraph shall be exclusive and incompatible with the exercise of the right laid down in the first paragraph of Article 69 of Law No 17.336 exclusively in respect of retransmission. It shall be for the National Television Council to decide, by means of public tender, which channels shall be broadcast by such permits, for a maximum period of five years, with a representative diversity between them and giving preference for signs of educational and cultural channels. In no case shall the permitted television services be allowed to intervene in the television signal which broadcasts from television broadcasters. "16) Replaces Article 16 by the following:" Article 16.- transfer, transfer, lease or grant of the right of use, to any title, of the right of free reception television, in the case of dealers with their own means, the authorization of the Council shall be required, favorable report of the Economic National Prosecutor's Office. If the report is not evacuated within 30 days of receipt of the records, it will be understood that there is no objection to any objection on the part of the Office of the Prosecutor General. The Council may refuse such authorisation only in cases where the conditions laid down in Article 18 are not met. The acquirer will be subject to the same obligations as the concessionaire, with the commitments contained in the technical project remaining, and a new financial project submitted by the acquirer, with the requirements of the laid down in the first paragraph of Article 22. The Council may require the information referred to in the second indent of the said Article. No concession holder may enter into an act or contract involving, legally or in fact, the power of a third party to administer all or part of the television spaces held by the concessionaire or to make use of its right of transmission with own programmes and advertising. This prohibition does not prevent specific, essentially transitional arrangements intended to permit the transmission of certain events as a whole, provided that each concessionaire maintains its individuality and responsibility for the transmission which is performs. In any event, the provisions set out in the preceding paragraph shall not apply to dealers with their own means of broadcasting television broadcasting services to dealers with third-party media. In the case of concessions granted by public tender, in addition, prior authorization may not be requested before the works and installations necessary for the transmission have been authorized in accordance with Article 24 A of the Law N ° 18.168, General of Telecommunications, and which have elapsed at least two years from the date on which the transmissions have been legally initiated. The authorization referred to in the preceding paragraph shall be given by the Council, following a report by the Deputy Secretary for Telecommunications. The transfer or transfer shall be carried out by the Council in the knowledge of the Telecommunications Subsecretariat, in order to ensure that it performs the appropriate administrative action. Unless the Council is authorized to transfer, transfer, lease or grant the right to use of any title of the right of free reception television may not produce variation of the nature of the signals, in accordance with the categories set out in Article 15b. " (17) Add the following Article 17: " Article 17.-The broadcasting of digital television signals may be carried out by means of transmission radio stations belonging to the concessionaire itself or through radio-electric means belonging to third parties, duly authorised. The holder of a digital television broadcasting concession which exercises its right to broadcast using its own radio, granted under its concession, irrespective of the other activities it may carry out on account of the same, it must allocate the totality of its transmission capacity for the emission of one or more television signals of free reception, of a quality consistent with the technological and competitive conditions of the television market, and according to the conditions laid down by the Television Broadcasting Plan, and therefore they will not be able to impose users of any kind of recovery. It will be essential for those concessionaires of a national character, who transmit their main signal with a high definition quality, which must comply with the standards defined by the Television Broadcasting Plan and its regulations. complementary. In any event, the new activities referred to in the second subparagraph shall not affect the nature of the main television broadcasting service of free reception. In addition, for these purposes, the technical project shall specify the conditions for the provision of these services. The parties of the national team of professional football, which have the character of officers, in the event of being transmitted, shall be with them through television signals of free reception, without prejudice to the transmissions they may make. the permissionaries of limited television services. Also, those signals suitable for use by mobile equipment or devices, technically referred to as 'one sec', must always be free of charge. Digital television broadcasters which have their own radio stations to broadcast their television signals must comply with the special rules set out in the following literals: (a) have the radio-electric means necessary for the transmission of digital television broadcast signals shall provide the unused remnant of their transmission capacity, by means of public and non-discriminatory offers, to any Television broadcasting concessionaire of free reception. (b) For these purposes, a technical project must be attached to the grant application, which shall contain a special study to ensure the effective use of the radio spectrum allocated by the concession. In order to comply with this obligation, the concessionaire shall be subject to the provisions of point (a) of this Article, in relation to the excess transmission capacity which is to be granted to free television broadcasters. reception. The Television Broadcasting Plan shall establish the fundamental parameters of spectral efficiency for these services. " 18) Intercalase, in article 18, the following second indent, new, passing its current second indent to be third indent: "No concession shall be made by municipalities, corporations and municipal foundations." 19) The following final points shall be added to Article 19: " The obligation to inform the previous paragraph extends to the acquirers. of the right of use, to any title, of the television broadcasting right to which it is refers to Article 16. Without prejudice to the foregoing, the provisions of Article 38 of Law Nº 19,733, on freedom of opinion and information and the exercise of journalism, shall apply to any act or act relevant to the change or change in the law. the ownership of television broadcasters. "20) Replaces Article 22 by the following:" Article 22.-To take part in the public competitions referred to in Article 15, applicants shall submit to the Council National of Television a request which will contain the background established in the bases of the call for tenders, as defined in the first indent of Article 18, and the following: (a) Full individual award of the concession to which it is applied, indicating its generalist, educational-cultural character and whether it is a national concession, regional, local or local community, in accordance with the characteristics laid down in Article 15b, specifying whether it is a concession with its own resources or with a means of third parties. (b) a financial project intended exclusively for the operation of the concession requested. (c) a technical project, duly supported by a telecommunications engineer or technician, specifying the methods of transmission to be used, own or contracted to third parties, in addition to the detailed details of the the facilities and operation of the concession to which it is run; the type of issue, the area of coverage and the service area and other antecedents required by this law. d) A statement on the orientation of the programmatic content that the applicants are interested in spreading in their signals. (e) A certificate of compliance with work and pre-vision obligations in accordance with the second paragraph of Article 183-C of Law No 20.123. (f) Affidavit stating that it is true to be true of the labor or pension rules contained in Chapter IV of Title II of Book I of the Labor Code, the intellectual property contained in law Nº17.336 and that of the performers of audiovisual performances contained in law No 20.243. The information and background provided by the applicants for a public tender, relating to the identity of the applicants and the most relevant aspects of their application, shall be kept available on the Council's website. " 21) Article 23: (a) Substitute the first subparagraph by the following: " Article 23.-In the case of dealers with their own means, the Council shall transmit to the Telecommunications Subsecretariat a copy of the application or applications submitted and of the technical project accompanied in each case, in order for this body to issue a report on each application, considering compliance with the formal and technical requirements of a legal and regulatory nature. In the case of two or more applications, it shall, in a separate and substantiated form, establish whether any of them guarantees the best technical conditions of transmission or, if applicable, more than one application, in accordance with the established ranges on the basis of the contest, it guarantees in an equivalent manner such conditions, in which case the contest shall be settled by public draw, except as provided in the following article. The or reports will have the value of expert test. The Telecommunications Subsecretariat shall report within thirty days from the date of receipt of the office for which it is requested to report. The contest may be declared deserted only if none of the applications meets its formal and technical requirements. "(b) Add the following second indent, passing its current second indent to third indent:" In its report, the The Telecommunications Undersecretary shall indicate whether or not radio frequencies are available to operate the requested concessions. Without prejudice to the above, the Secretariat shall keep the public, by means of an electronic consultation system, permanently informed of the frequencies assigned to provide the service. " (c) Replace the following: expression "on the basis of" by the expression "considering if applicable". (22) Add the following Article 23a: " Article 23a.-Without prejudice to Articles 15, 22 and 23, in the case where there is more than one applicant in the public tender, in the light of a situation of equality in the technical conditions of the different projects and after verification of compliance by the applicants with the requirements relating to the financial projects and the qualities necessary to be a concessionaire, may be granted more than a frequency available within the If this is technically feasible, it shall be The specific frequency in which each of the dispatchers will operate shall be settled by public draw. ' 23) In Article 27: (a) Substitute the first subparagraph by the following: " Article 27.-The formalities laid down in Articles 22 to be completed. and 23, the Council shall award the concession or declare the contest to be deserted. The respective decision shall be published in an extract drawn up by the Secretary-General of the Council, for a single time, in the Official Journal corresponding to 1 or 15 of the month or the following day if he is not working. " (b) Substitute third and fourth, for the following: " If the claim is an objection to the allocation, the President of the Council shall forward it to the recipient for a period of 10 working days. At the same time, it will ask the Telecommunications Secretariat for a report on the facts and opinions of a technical nature in which the complaint is based. The Secretariat shall withdraw the report within 30 days of receipt of the trade in which it has been requested, which shall have the value of an expert test. The deadline for the transfer, with or without the reply of the recipient, the President of the Council, of having made a susta Relevant and controversial, you will receive the complaint to the test, which will be governed by the rules laid down in Article 90 of the Code of Civil Procedure. The President of the Council shall, after the end of the test, have the right or not surrender the parties, give the President a special session to give a ruling on the complaint. The same procedure applies if the complaint has not been received. The Council shall, within 15 working days following the expiry of the term of evidence, resolve. '(c) In its fifth indent, replace the words' deserted the public tender 'with the words' desert the public tender '. d) Eliminate, in its seventh indent, the expressions "President of" and "in Santiago". e) Replace its final indent with the following: " The deadline for claiming or implementing the resolution of the Council and, if applicable, published in the Official Journal the extract of the decision granting the television broadcasting, the final decision shall be taken, and from the date on which it is fully processed and notified to the person concerned, the time limits for the commencement of services. ' 24) In Article 30: (a) Substitute the first subparagraph by the following: " Article 30.-Any application for the modification of a television broadcasting concession for free reception with its own means shall be addressed to the National Television Council, which shall transmit a copy of the where the request provides for technical matters requiring a report, with its background, the Secretariat of Telecommunications. It will examine it and report to the National Television Council, within thirty days, about the technical aspects involved. If the Deputy Secretary of Telecommunications or the National Television Council shall make a reply to that request, the latter shall inform the person concerned in order to ensure that they are remedied within a period of 15 working days. If it does not do so, the application shall be for not filed for all legal purposes, by the sole ministry of law. If there are no objections or subsals, the National Television Council shall decide on the amendment requested. '(b) Intercalase the following second indent, passing the current one to be third:' For the purposes of the preceding paragraph, the Council may require, as appropriate, the information referred to in the first subparagraph of Article 22. '; 25. in Article 33: (a) Substitute No 2 of the first subparagraph, by the following: " 2.-Fine not less than 20 and not more than 200 monthly tax units, in the case of a concession for television broadcasting services or Regional, local or local television limited services may be allowed. In the case of concessionaires of television broadcasting services or limited national television services, the fines may be up to a maximum of 1,000 monthly tax units. In the event of a repeat offence, the maximum of the fine may be doubled. "b) Intercalase, in Nº 4, in point (a), the expression" and with the coverage "between the terms" deadline "and" noted " of its current text, passing the latter to express in their plural form "pointed out". (c) Reposition, in point (b) of paragraph 4 of the first subparagraph, the reference "first and second points" by "first and final points" and in point (d) of point (d) of the same No 4, delete the term "final indent". (d) Add, in Nº 4, the following point (e), replacing the point with which it ends, by a semicolon: " e) Transfer, cede, lease or grant the right of use to any title of a television broadcast granted by public tender, without the prior authorisation of the Council, which must be granted once the relevant report by the Telecommunications Subsecretariat has been received. Such authorization may not be refused without justified cause. '(e) Replace the final indent by the following:' The permitted television services may only be sanctioned by virtue of infringement of the provisions of the Article 1 of this Law, in Article 12 (l), in Article 14 and in Article 15c (2), second subparagraph. "(26) Reposition, in the first indent of Article 40a, the sentence" in the final indent of Article 1 1 and in the second indent of Article 12 (1) and the third paragraph of Article 12 "," in Article 1 and in Article 12 (l) ". 27. in Article 43: (a) Substitute your first indent by the following: "Article 43.-Television service dealers using their own radio means shall be entitled to the easements which are necessary to operate and maintain their stations." b) In its second indent, it added the following final sentence: "General Telecommunications, which was amended by Law No 20,599, which regulates the installation of radio stations and transmitters of telecommunications services." 28) Article 46 by the following: " Article 46.-The liability of the dealers Television services for transmissions which are carried out through them is inselectable. Any contractual arrangement to the contrary shall be unwritten. Without prejudice to the foregoing, in the case of contracts for the transmission of content belonging to dealers with third-party media, it is understood that the responsibility for the transmission will be the responsibility of the concessionaire who issues them and not the operator. (29) In Article 47, which amends the law N ° 18,168: a) Add the following number 1, new, passing its current numbers 1, 2 and 3, to be 2, 3 and 4, respectively: "1.-Intercalase, in article 2, the following second indent, new, passing its second indent to be third indent:" The spectrum Radio is a national good, whose domain belongs to the Nation all. As a result: (a) no natural or legal person can claim or claim the domain of all or part of the radio spectrum; (b) the concessions granted to natural or legal persons are, by essence, temporary and (c) "............................................................................. (a) In point (c) of the first subparagraph, the following second and third subparagraphs shall be added: " Investments in transmission systems and infrastructure may be subsidized to promote the increase in digital television broadcasting coverage of free reception and Internet access services, preferably simultaneously in rural, island or isolated places. Such subsidies should preferably be used to finance the investments of concessionaires which must provide transmission capacity to other dealers, providing Internet access services and television broadcasting services. (b) The following final point shall be added: " Any subsidy or financing provided for in this Article shall be subject to the following provisions: consider, in addition, the technological convergence of the means in respect of which (30) Add the following Article 50: " Article 50.-The Television Broadcasting Plan must allocate the frequencies necessary for the transition from analogue television broadcasting concessions to digital technology. It should also reserve the necessary frequencies for future television broadcasting concessions. 40% of the total number of concessions allocated for digital television, such as those that remain available after the transition to which the first transitional article of the law has been carried out has been carried out. the introduction of digital television, will be intended for digital television broadcasting signals of free regional, local and local community reception, or for those of a national or regional nature which the Council, by resolution, qualify as cultural or educational. By means of a resolution established and agreed by no less than seven of its members, the Council may increase or decrease this percentage, but in the latter case it shall not be able to do so at less than 30%. This percentage should be considered as two national frequencies, intended only for cultural or educational signals, as qualified by the Council by resolution. The Council, acting on the basis of a resolution established and agreed by no less than seven of its members, shall define the procedure for the allocation of the respective concessions. Such a procedure shall ensure that the total spectrum of these two frequencies is intended to ensure that non-discriminatory offers are made to dealers with third-party means. ' Article 2.-Intercalase, in article 69 of Law No 17.336, on Intellectual Property, the following third indent, passing its current third indent to be fourth: " In the case of the permissionaries of limited television services, these do not may issue or retransmit, by any means, in their programmatic offer, signals belonging to the free-reception television broadcasting concessionaires, without the express authorization of these. The issuance and retransmission of such signals shall give the concessionaire the right to pay, which must be agreed in advance by the parties. " TRANSITIONAL ARTICLES Article 1.-Concession holders who are holders of free television broadcasting concessions in the VHF band at the time of entry into force of this law may maintain such concessions in the referred to, In such a case, they are enabled to transmit a single signal in analog technology, in the terms and conditions set forth in the respective grant resolution. Article 2.-Concession holders who are holders of free television concessions in the VHF band and who do not accept the provisions of the previous transitional article, shall be entitled to apply for a new concession with means in the UHF band, defined for digital television broadcasting, in accordance with the provisions of the transitional third article, which shall be governed in full by the provisions of this law. In order to make the granting of these new concessions effective, the frequencies must be reserved and the procedure referred to in the third transitional article should be followed. Those dealers who have chosen to apply for new concessions in accordance with the previous subparagraph shall have a maximum period of five years, to count on the entry into force of the amendment to the Broadcasting Plan. Television, to achieve a digital coverage of all the concessions that make headlines. In order to achieve the total coverage of the service areas corresponding to the new concessions, including those referred to in the sixth transitional article, in geographically isolated or difficult to receive areas, the National coverage concessionaires may use complementary solutions for the provision of the free reception television service in the terms set out in Article 15 of Law No 18.838. During this five-year period, and its possible extension, the concession holders of a television concession for free reception in the VHF band and will choose to apply for new concessions for digital television broadcasting in the The UHF band must replicate in the main signal of the assigned radio medium, in full the programming transmitted through the current analog signal, with the quality and conditions to be established in the TV Broadcasting Plan. In this period the dealers will be allowed to maintain the analogue signal for the sole effect of performing the process of migration of analogue to digital technology. If a concessionaire achieves a digital coverage corresponding to 100% of the concessions that it holds before the deadlines set out in this article are met, it may, on the basis of a resolution founded by the Subsecretariat of Telecommunications, bring forward the end of transmissions of your analog signal and continue to transmit with digital technology. Without prejudice to the foregoing, those who hold a free reception in the UHF band at the time of entry into force of the amendment to the Television Broadcasting Plan shall have a maximum period of 24 months, to have such a date, in order to achieve the digital coverage of 100% of the concessions that they are the holders of, within which they shall require the modifications of their concessions with their own means in the same band as necessary for the compliance with the provisions of this paragraph. Failure to comply with the deadlines set out above shall be punishable under the first subparagraph of Article 33 (4) of Law No 18.838. Furthermore, the fact that the digital coverage of all the concessions referred to in this Article and the sixth transitional article are not achieved within those time limits shall be understood as a breach of the conditions laid down in this Article. in the first paragraph of Article 15c of Law No 18,838, the right which may continue to be exercised once the non-compliance referred to above has been remedied. The provisions of Article 15c (1) shall not apply in respect of signals transmitted prior to the publication of this law. By means of a supreme decree of the Ministry of Transport and Telecommunications, which must be published no later than the year before the expiry of the maximum period to comply with the obligation of coverage laid down in the preceding subparagraphs, establish an extension of the five-year period referred to above, only for those concessionaires who are holders of one or more free-reception television concessions in the VHF band at the time of entry into force of this law and who have chosen to apply for new concessions for transmission in digital technology, in cases where shall be justified. The provisions of the preceding article and this rule, as applicable, shall include concessions granted under contests called prior to the publication of this law, even if their grant concludes with After that, the period of five years referred to in the second subparagraph shall be counted from the grant of the grant in accordance with Article 27 of Law No 18,838, if the grant is later than the entry in force of the modification to the Plan of Television Broadcasting. For its part, the provisions of the fourth indent shall not apply to concessions which, at the date of validity of this law, are not effectively exercised by the regular transmission of television programmes, unless, at the same time, they are find the deadlines set in the resolution granting the concession for the commencement of their services still pending. Without prejudice to the penalties to be applied legally, the respective dealers shall not be eligible for the use of frequencies to perform the signal replication. No new invitations to tender for analogue television broadcasting may be called once this law has been published. Article 3.-For the purposes of the preceding transitional article, the frequencies necessary to perform the process of migration from analogue to digital technology will be reserved. The new concession for television broadcasting with its own means will use the reserved frequency, which the Council will have to grant by sufficient time to present the technical project established in the Television Broadcasting Plan and by means of resolution, at the request of an interested party. For subsequent renewals it shall be subject to the preferential right provided for in Article 15 (7) of Law No 18,838, and shall be understood as being awarded by public tender for all legal purposes. The technical project referred to must comply with the coverage obligations in the respective service areas, considering the characteristics of the new frequency, and may therefore adjust elements of the concession holder prior to the entry into force of this law, including the possibility of incorporating in the new concession additional stations to meet the obligations of coverage. The concessionaire shall have a period of sixty days from the publication of the modification to the Television Broadcasting Plan for the purposes of opting for the new concession in the form and progression it establishes. In the case of concessions granted under competitions called prior to the publication of this law, the award of which concludes after the publication of the decision, the time limit indicated shall be counted from the publication of the decision which the grants under Article 27 of Law No 18.838. If the application is not made within the time limit, the concession holder shall be deemed to be in accordance with the provisions of the transitional article. The system of incompatibilities for the ownership of concessions shall be fully applicable to the new concessions provided for in the transitional articles, without prejudice to the co-existence of transmissions which, according to the preceding article, will exist. until the end of the respective migration to digital technology. Article 4. Within the period of sixty working days from the entry into force of this law, the necessary modifications must be made to the Television Broadcasting Plan, in order to reserve frequencies for the granting of concessions to national, regional, local and local concessionaires of a Community nature and to regulate the other aspects of this law. In this case, the time limit laid down in the second paragraph of Article 24 of Law No 18.168is not considered. Article 5.-In the case of concessions not referred to in Article 3 of Law No 19.131, the first period of validity of the concessions granted under the process referred to in the third transitional article shall be the time to expire for the original deadline for the grant to be processed. Article 6-Those concessionaires of television broadcasting services of free reception which have infrastructure and systems for the transmission in border areas, extreme or remote from the national territory, in respect of which were not holders of concessions, and which would have been subsidized or financed by funds from the National Television Council, shall be subject to the concession regime governed by this law in respect of such infrastructure. These concessions shall be directly assigned by the Council, and their subsequent renewals shall be subject to the preferential right provided for in Article 15 (7) of Law No 18.838. They shall also be deemed to have been granted by public tender for all legal purposes and shall be fully applicable to the incompatibilities referred to in Article 15 of that law. The Television Broadcasting Plan should reserve the necessary frequencies for the granting of these new concessions. For these purposes, the concessionaires shall have a period of 30 days, counted from the date the publication of this law, in order to inform the Secretariat of Telecommunications regarding the coverage zones of said infrastructure and systems and the transmission frequencies used by them. In addition, the concessionaires who are subject to the provisions of this Article shall be fully applied as laid down in the third paragraph of the second transitional article of this Law. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 22 May 2014.-MICHELLE BACHELET, President of the Republic.-Andres Gomez-Lobo Echenique, Minister of Transport and Telecomation.-Alberto Arenas De Mesa, Minister of Finance.-Exxima Rincon González, Minister of Finance General of the Presidency.-Alvaro Elizalde Soto, Secretary General of Government. What I transcribe for your knowledge.-Salutes intently to Ud., Pedro Huichalaf Roa, Undersecretary of Telecommunications. Constitutional Court Bill allowing the introduction of digital terrestrial television, contained in Bulletin No. 6.190-19 The Secretariat of the Constitutional Court, who subscribes, certifies that the H. Chamber of Deputies sent the The draft of the bill, approved by the National Congress, so that this Tribunal would exercise the control of constitutionality with respect to the rules governing matters of the constitutional organic law that it contains, and that Judgment of 6 May 2014 in the process Role No 2.645-14-CPR. It is resolved: that this Constitutional Court does not issue a pronouncement, in preventive examination of constitutionality, with respect to the provisions contained in numbers 6), 14) and 19) of article 1 of the draft law referred to, as such Precepts are not their own constitutional organic law. Santiago, May 6, 2014.-Marta de la Fuente Olguin, Secretaría.