"(Artículo 1°.-Introdúcense las siguientes modificaciones en la ley N°18.838, que crea el Consejo Nacional de Televisión: 1) (in article 1: to) replace your subsection first with the following:" article 1.-the National Council of Television, hereinafter "the Council", is the autonomous constitutional institution created by the sixth subparagraph of paragraph 12 of article 19 of the Constitution politics whose mission is to ensure the proper functioning of all television services that operate, or operate in the future, in the national territory. You will be endowed with legal personality and own patrimony, and shall deal with the President of the Republic through the Ministry General Secretariat of Government. "."
(b) Insert the following second paragraph: "the National Television Council General or special, dictated standards will not be applicable or that are handed down to regulate the administration of the State, both centralized and decentralized, except as provided in Decree Law No. 1.263 of 1975, and in the transparency law of public service and access to the administration of the State information and approved by the first article of the law N ° 20.285, in Title VI of this law. "."
(c) replace the current second paragraph, which happens to be third, with the following: "for the purposes of ensuring the proper functioning of television services, you will need your supervision and control, in terms of the content of emissions that they are carried out, except in controlled and supervised by the Undersecretariat of telecommunications technical matters.".
(d) replace the third subparagraph, which happened to be fourth, by the following: "proper functioning of these services means the permanent respect, through its programming, democracy, peace, pluralism, regional development, the environment, family, spiritual and intellectual of the childhood and youth training, native peoples, human dignity and its expression in the equality of rights and treatment between men and women , as well as the of all the fundamental rights recognized in the Constitution and the international treaties ratified by Chile and are in force.
For purposes of this law, pluralism means respect for the diversity of social, cultural, ethnic, political, religious, gender, sexual orientation and gender identity, being due from grantees and licensees of television services, regulated by this law, the observance of these principles.
Also means that the proper functioning of these services includes public access to its programmatic proposal and that in the diffusion of it in the form and in the manner determined by each dealer, will safeguard rights and principles to which the preceding subparagraphs refer.
Similarly, the proper functioning of these services includes full compliance by grantees and licensees of us 17.336, 20.243 and laws of chapter IV, title II of book I of the labour code.
Also be considered correct operation, among other things, the incorporation of access to transmissions for people with special physical needs, the transmission of campaigns of public interest referred to in the letter m) of article 12, and the dissemination of programming unavailable educational, cultural or national interest. "."
((((2) in article 2: a) Reemplazanse literals to) and b) of the first subsection which listed below: "to) a counselor of appointees of the President of the Republic, whose suitability guarantee because pluralism and the proper functioning of the Council, which will serve as President of the same.
(b) ten advisors appointed by the President of the Republic, with the agreement of the Senate. The President will make the proposition in one Act, laying in the integration of the Council respect pluralism and gender parity. "."
(b) disposed of in the second paragraph the word "secret".
(c) replace, in the fourth paragraph, the last sentence, which says "All new proposition the President should always the pluralism of the integration.", by the following: "In all new proposition the President should prudential pluralism and parity of gender integration.".
(d) Insert, in the fifth paragraph, then of the expression "proposition,", the phrase "and may repeat names or insisting with the same names".
(e) replace the eighth subparagraph by the following: "the directors should be persons of relevant personal merits and professionals, such as: being a person with a recognized trajectory in the field of civil society, culture, arts or communications;" have been gracefully as national prize in any of their terms; be a member of one of the academies of the Institute of Chile; having been parliamentary; be or have been a University Professor; be having been director or rector of establishments of secondary education or higher of national renown, or be a representative of the indigenous peoples. The appointment will be made by Supreme Decree issued through the Ministry General Secretariat of Government. "."
(3) replace article 3 ° by the following: "article 3.-the Council will have a Secretary-General, who shall be elected or removed, where appropriate, with seven directors in office as vote. This professional will be Minister of faith with respect to the actions of the Council, and shall have other powers and duties the Council designated by him, provided that they are not administrative in nature.
In addition, the Council shall have an Executive Secretary, who will be elected or removed, where appropriate, with seven directors in office as vote, and which will have the powers and duties referred to in article 14 ter of this law. "."
((4) in article 5: to) replace the number 1 of the subsection first with the following: "1.-vote as seven of its members to: appoint and remove the Vice President of the Council;" appoint and remove the Executive Secretary of the same; appoint and dismiss the Secretary General of the Council; declare the forfeiture of a concession or impose a suspension of broadcasts; ((seek Supreme Court Declaration of existence of any of the grounds c), d) and e) referred to in the subparagraph first of article 10 of this law. "."
(b) replace, in the second paragraph, the phrase "The Council may not establish more than two ordinary sessions per month.", by "the Board shall determine the number of regular monthly sessions require, and may not be less than two.".
((5) in article 8: to) replace the number 3 of subsection first with the following: "3.-people, for any reason, perform functions paid in the administration of the State or in companies in which the State has participation on your property, with the sole exception of performance in teaching positions of up to half a day.".
(b) Agreganse the following final clauses: "during his term and up to six months after the cessation of their duties, directors will be disabled to exercise an employment in any concession of television broadcasting services that could be benefited directly by the resolutions of the Council."
The members of the Council and its directive plant may not have financial interests in companies or other entities engaged in the manufacture or sale of equipment of telecommunications or business communication by cable, radio or that use of the electromagnetic spectrum; or that in some other way they are related through stocks, bonds, or other. However, if at the time of his appointment a member holds interests in one of these companies or entities, shall have thirty days to regularize their situation before the law. "."
(6) replace the second paragraph of article 10 by the following: "(the existence of the grounds set out in the letters c)(, d) (and e) precedents will be known and declared by the plenum of the Supreme Court at the request of the President of the Republic, the Chamber of deputies or ten of its members, the Council, or of any person" (, in the case of the causal of the letter d). "."
(7) replacements, in article 11, the expressions "three" and "nine" for "six" and "twenty-four", respectively.
(((8) in article 12: a) replacements first and second paragraphs of his letter b) by the following: "b) promoting, financing or subsidizing production, cost of transmission or the broadcasting of programmes of high cultural level, of national, regional, local or community interest; educational content; they lead to the spread of civic and democratic values, or that promote diversity in the television content and reflect the plural formation of society, so qualified by the same Council, notwithstanding that for funding or subsidizing of cultural programming must be heard, previews, the National Council for culture and the arts. Annually, the law of budgets of the Public Sector will include the necessary resources, in accordance with the letter a) of article 32 of this law.
These resources shall be assigned by the Council, prior public tender in which eligible concessionaires television broadcasting of free reception and independent producers. In the case of assignments to independent producers, before the delivery of resources, benefited from producer shall, within 60 days following the resolution of the contest, to prove that the transmission of the respective program schedule conditions and levels of audience bind in databases is ensured by a concession of television broadcasting of free reception service or permit holder provided limited television in the cases and forms services in such databases. Expired this period while proving this circumstance, the assignment will benefit program who has obtained the second place in the respective tender. For these purposes, Council to resolve the contest, must establish the order of preference.
The National Television Council shall establish a tiered system of benefits, in order to foster the dissemination of regional, local and local dealers of community programming especially.
The National Television Council must always ensure compliance with the law Nº 20.422 and its rules of procedure. In the case issued first programs in accordance with the paragraph of this letter b) licensees and permit holders must always include the corresponding hidden subtitles to be displayed specially by people with hearing impairment.
The bases of the contest must contemplate guarantees that ensure the fulfilment of the obligations assumed by the final successful bidder. "."
((b) replace the letter c) by the following: "c) perform, promote and Commission studies in all areas relating to their functions and powers." Especially, the Council should consider studies on broadcast programming, both nationally and regionally, in areas related to culture, education, environment and other matters of general interest and its effects on the formation of children, youth and adults. In addition, the Council may ask the Undersecretariat of telecommunications studies concerning the coverage in one or more areas of service. Studies that are in charge shall be public and shall be subject to public bidding or tender, as appropriate. Studies that are responsible to third parties shall be subject to public bidding. "."
((c) add, in the letter d), the following paragraph: "when such information relates to corporate and financial matters, concessionaires of television services entities, whatever their legal status, should provide the same information that an open joint-stock company must provide to the Superintendency of securities and insurance, and the Council see obligations and limitations in relation to the public dissemination of the information received to the Council.".
((d) replace the letter j) with the following: "j) establish its rules of operation.
In this regulation the Council shall contemplate the Organization and operation of advisory committees in the field of television, which may give participation to representatives of the ministries of education, transport and telecommunications and the National Council for culture and the arts; dealers or operators of television; parent organizations; organizations of educators and health organizations and entities involved in the cultural activity in all or any of its manifestations. Equally, the Council may call to integrate the committees here designated persons or entities deemed suitable, for the contributions that can provide to the development and functioning of television as a means of social communication. No member of the Council may be part of television advisory committees.
Advisory Committees shall evacuate the reports that the National Television Council asked the subjects stating them or those deemed appropriate for the better fulfilment of the objectives of this Act. However, these reports do not may refer to matters related to the exercise of the punitive powers of the Council nor to the provision or term of concessions, except for the case concerned granting of community character, in which the Council shall be advisory committees that will listen, through public hearings, the social organizations that need it for the preparation of the report. ". '
e) added, then separate point that ends his letter k), which will be followed, the following point: "Without prejudice to the foregoing, the Council must attend the Senate of the Republic once a year, in order to report on the performance of its functions.".
((f) replace the letter l) with the following: "l) establish that dealers must pass at least four hours of culture a week, understanding as such those that refer to the values that made the request of multicultural identities existing in the country, as well as those relating to civic people's training, the strengthening of national identities for" regional or local, such as festivals or celebrations traditionalists and those intended to promote the universal heritage and, in particular, the national heritage. Two of these four hours must be transmitted in high audience schedules set by the Council, being at the discretion of each concessionaire determine the day and time within these schedules. The equivalent in the other two hours time, also determined by the Council, can transmit at other times. When operating in the same area of service, control, or manage more than one television signal, the obligation shall comply in each one of the signals. In the case of the permit holders of limited television service, this requirement shall be fulfilled, whereas the total number of signs that make up their basic offer.
The Council shall adopt the General rules to sanction the transmission of programs containing excessive violence, truculence, pornography or involvement of children or adolescents in variance with morals or good customs acts. In addition, the Council shall be given general rules aimed at preventing that children may be exposed to programming and advertising that will seriously damage their health and their physical and mental development.
It will be considered as aggravating circumstance the fact that the offence is committed within hours of transmission that children normally have access.
Such rules may include the designation of schedules only within which will display programming not suitable for minors which, in any case, will be preceded by a warning visual and acoustic or identified by the presence of a visual symbol throughout their duration.
Failure to comply with the provisions of the preceding paragraphs shall be punished according to the provisions of paragraph 2 of subsection first of article 33 of this law.
The rules issued by the Council and its amendments shall be published in the official journal and will apply from the date of its publication. "."
((g) add the following letter m): "m) dictate rules General and compulsory for dealers and the permit holders of limited television service, concerning the obligation to transmit utility or public interest campaigns."
Campaign of public interest means those transmissions designed by the Ministry General Secretariat of Government, have been issued in order to protect the population and spread the respect and promotion of the rights of the people. Public interest campaigns may have a national or regional basis and must be transmitted with subtitling and sign language pursuant to article 25 of law No. 20.422.
The Ministry General Secretariat of Government will determine what will be the campaigns of utility or public interest, sending the structure, design and basic contents of the campaigns to the Council, which must approve them, in a term non superior of fifteen calendar days, with the vote as of at least seven of its members. Produced its approval, the Council sent to dealers and licensees of limited service television the respective resolution with all your background, together with the additional instructions that are necessary for the transmission of the campaign with a view to the fulfilment of the objectives of the same.
These campaigns may not last in total more than five weeks per year, no more than sixty seconds for each broadcast, until twenty-one minutes a week. The permit holders of limited television services shall comply with this obligation in those signals equipped with mechanisms for displaying national advertising.
The limitation of five weeks per year may be renewed whenever required under special importance and public interest considerations. This will require the agreement of seven of its members. On this extension television services dealers and the permit holders of limited television service may charge status display of these campaigns not higher fares and discounts not lower than that offered to any customer of commercial advertising. "."
(9) replace article 13 with the following:
"Article 13.-the Council not be able to intervene in the programming of the television broadcasting services of free reception or at the limited's television services. However, you can: to) adopt measures to prevent the spread of movies that not apply to qualify the film rating and Council programmes or advertising that go against morals, good customs or public order; (b) determine the time from which can transmit material rated for older than eighteen years of age by the film Rating Board. Advertising, on-air promotions, summaries and extracts from this type of programming, which are inappropriate for minors, only may be issued in those same times; ((c) establish restrictions and limitations to the display of products whose advertising is prohibited or limited by virtue of the regulations in force, either with respect to their timetables display or on aspects of quality of its contents, and d) fixing, in general, a percentage of up to 40% of production Chilean programmes that transmit channels of free reception of television broadcasting services. This percentage shall include the display of films, documentaries and short films by independent national production.
Free reception of television broadcasting services grantees and licensees of limited television service will be exclusively and directly responsible for all and any program, national or foreign, that convey, even in the case of satellite broadcasts or transmissions.
The transmission or display of films rated containing pornographic or excessively violent, by the Council of film rating, in television broadcasting services free reception is prohibited.
The Council will have no powers to intervene in other telecommunication services that is feasible to lend through networks of dealers, without prejudice to the powers which incumbent to ensure the proper functioning of the free reception of television broadcasting services. "."
(10) repealed article 13 bis.
(11) replace article 14 with the following: ' article 14.-the Council shall adopt measures and procedures to ensure that news programs, opinion and political debate that is issued by any television channel, is respected in properly the principle of pluralism. ".
(12) replace article 14 bis with the following: "(Artículo 14 bis.-El Presidente deel Consejo Nacional de Televisión dirigirá la institución y, como tal, tendrá las siguientes funciones y atribuciones: a) chair the sessions of the Council."
b) have citations to ordinary or extraordinary session of the Council and comply the table of topics to be treated, with the collaboration of the Secretary-General and the Executive Secretary.
(c) to enforce the acts of the Council in the manner designated by regulation, as also the sanctions that he determined to apply.
(d) represent personally Council before the authorities, individuals and entities in public events, meetings, or events that warrant it.
(e) delegate, in whole or in part, their administrative functions to the Executive Secretary.
(f) the celebration of all acts and contracts in accordance with instructions that provided you the Council to attend.
(g) plan, direct, organize, coordinate and oversee the administrative functioning of the service, and may delegate, in whole or in part, these functions to the Executive Secretary.
(h) judicial and extrajudicial to represent the National Television Council, and may delegate, in whole or in specific cases, this function to the Executive Secretary.
(i) carry out the appointment and removal of officials who perform in plant positions and freelance of the Council, in accordance with the legal provisions which are applicable to its staff, and to pronounce on the grounds of expiration of functions that could affect such persons, in accordance with these same provisions. "."
(13) add the following article 14 ter: "article 14 ter-the Executive Secretary will attend the sessions of the Council entitled to voice."
You will be especially: to) attend the celebration of all acts and contracts according to the delegation of functions and powers that the President had given him.
(b) the other faculties and powers delegated by the President for the best direction of the institution.
(c) represent personally Council before the authorities, individuals and entities in public events, meetings or events that warrant, according to the delegation of functions that the President had done to effect. "."
(14) replace article 15 with the following: "article 15-concessions for broadcasting service television free reception that makes reference article 17 only will be awarded to legal persons whose validity period may not be less than the award." Broadcaster with own means concessions will last twenty years and television broadcasting by means of third-party concessions will last five years. These concessions in any case will be aimed at the free and direct reception by the public in general.
In the case of concessions with their own means, the Council, with one hundred and eighty days prior to the expiration of the term of such concessions, or within thirty days following the date that will be enforceable resolution that declares a concession expired, or within thirty days of the date that required to do so by any particular interested in obtaining a concession not public tender will be called. The call will be for one or more locations and to grant specific frequencies in a given geographical area. The call for competition shall be published in the official journal three times, upon not less than three nor more than five business days between each publication. The Council shall approve the respective competition rules, which shall incorporate the technical aspects that the Undersecretariat of telecommunications. These databases must point out clearly and precisely the nature and extent of the concession which is a competition and may only require strictly objective requirements.
The Council must take care in every call that, considering the total availability of the band frequency assigned to the broadcaster's free digital reception service, comply with the concessions reserve established in article 50. Also, the Council should be checked if national dealers, which they do not have concessions at one or more locations considered in the competition, participating or not of this, informing the Secretary of telecommunications, so that is not filed such licensees to such contests, the reservation of frequencies practiced are left without effect.
The grant with their own means will be assigned to the applicant whose project, fully adjusted to the respective contest, and strict compliance with the requirements relating to its financial project and the personal conditions required by law to be owner or managing a concession, or represent or act on behalf of the dealership, offers the best technical conditions to ensure optimal transmission. In the case of concessions of national coverage, the technical project may contain complementary solutions for the provision of the free reception of television service in order to achieve the coverage required in geographically isolated areas or difficult reception. Implemented complementary solutions mentioned above, they may not affect the free and direct nature of transmissions for users and dealers to ensure that required recipients are eligible to receive all signals, primary and secondary, the concessionaires that have national coverage in the respective area of service and opt to implement complementary solutions. The Plan of broadcast television will establish the form and conditions for the fulfilment of the provisions of this subsection.
En_el_caso_de local community grants, the Council must always follow the procedure defined in the letter j) of article 12 of this law.
Means, without express mention, that all nomination must unrestricted adhere and permanently maintain the "proper functioning" of the service, under the terms established in article 1 of this law.
All renewal of a concession with their own means, the dealership that was its owner shall have the right preference for adjudication, whenever even the best technical proposal that guarantees an optimal transmission. Without limiting the foregoing, do not enjoy preferential right that dealer that had convicted two or more times for breaches of laws Nº17.336, Nº20.243, or chapter IV of title II of book I of the labour code, during the year calendar immediately previous to the presentation of the request for renewal, or that had been sanctioned , during the term of its grant, with more than two suspensions of broadcasts by the grounds established in article 33, no. 3, of this law.
Within the first month of the last twelve months of validity of the concession, the Council shall communicate to the dealership you won't have preferential right in accordance with the provisions of the preceding paragraph, if the case, which claim determination not to conform with the law, according to the procedure laid down in the second and following paragraphs of article 27. If the dealership not reclamare or your claim may be rejected in short, be the assignment of the concession in accordance with the following paragraphs. If the claim is not resolved at the end of the duration of the concession, it is extended until the claim is resolved. You should be welcomed, means that the dealership will have preferential right from the original expiration of the duration of the concession period.
However as indicated in this article, the Council will grant concessions by means of third parties at any time and without competition, in the event that the respective application is expressly declared that the person concerned will use media of third parties who have ability to make the transmission of digital television broadcast signals. Requests referred to in this subsection shall comply with the requirements established in this law. Without prejudice to the other antecedents to be determined by the Council, in accordance with the law, requests must accompany the statement about the nature of the service referred to in article 22.
The procedure laid down in the preceding subparagraph shall also apply to the case of the dealer who is holder of a concession of television broadcasting with own means granted by public tender in accordance with this article and you want to emit additional television signals, using the radio media referred to in its television broadcasting concession.
Without prejudice to the provisions of the preceding paragraph, may not grant new concessions with their own means to those legal persons who already hold a grant of the same nature, or to handle or manage other concessionaires of television broadcasting services for the free receipt, which have been granted by public tender in the area of service except that whether a second award with their own means to can choose Television Nacional de Chile, and which is aimed at the transmission of signals from the dealership own regional or other dealers that do not have their own means, in which case it shall mean that the transmission capacity of this new award will be a remnant for all purposes referred to in article 17.
Constraints that establish the preceding subparagraphs will also affect the respective corporate group, in accordance with article 96 of the law Nº18.045.
Nor may grant new concessions of television broadcasting, for a period of ten years, those dealerships that had been sanctioned in accordance with subsection number 4 first of article 33 of this law. "."
(15) Agreganse following articles 15 ter and quater 15: national: those who are holders of concessions that, considered as a whole, contemplate any level of presence, at more than 50% of the regions of the country. "
(b) regional: those who are holders of concessions that, considered as a whole, contemplate any level of presence in one or more regions, but in no more than 50% of the regions of the country. In the event of presence in only one region, such concessions shall include an effective scope equal to or greater than 25% of the population or a coverage equal to or greater than 50% of the communes of the region.
(c) local: those who are holders of concessions that, considered as a whole, contemplate presence in only one region, understanding within an effective range of less than 25% of its population and covering less than 50% of the communes of the region.
(d) local community character: those legal entities of private law, non-profit, who are holders of a single concession within the margins of presence established for licensees of local coverage and that not may form chains or networks on an ongoing basis. These dealers should ensure the promotion of social and local development, and must accommodate the production carried out by social groups or persons residing in the coverage of its concession area. Local community status dealers may be boards of neighbors and other community-based organizations constituted in accordance with law No. 19.418, farming communities and the communities and indigenous associations, among others.
Organizations may not be local dealers of community partisan politician.
Local community grants will be delegated and prohibits its transfer, sale or any form of direct or indirect assignment.
For the purposes of the establishment of a television broadcasting service dealer, it will be considered as such to the holder of the respective concessions or which are included in the same group business, as defined in article 96 of law N ° 18,045.
A licensee will be considered coverage national or regional if the first request for grant making declares that she will conform, within a period not exceeding five years, a national or regional project depending on the case, although the terms presence, coverage or effective range specified in this article do not satisfy with the first requested award. If a dealer does not meet coverage declared in his first application within the aforementioned period, will lose its character of national or regional, as the case may be, to which must adapt its concession to one of the categories referred to in this article.
Article 15 quater-broadcaster's free reception dealers may exercise the right of retransmission consent of their emissions, enshrined in subsection third article 69 of law No. 17.336, IP, with respect to all of their signals, provided in the service area for which you wish to exercise this right in a non-discriminatory way, broadcast their signals in digital technology and also meet the conditions of digital coverage established in this law. In any case, these dealers, in the areas where they want to exercise this right, shall 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 paragraph, the licensees of limited television services must spread in the region or locality in which to operate, and wherever technically feasible, at least four regional, local, or local channels of Community status in their respective grids or programmatic grills. This diffusion through the limited television service may not modify the service area of the respective dealer. The costs of interconnections for the broadcast of signals referred to in this article will always be in charge of dealer. The exercise of the right in this subsection shall be exclusive and incompatible with the exercise of the right laid down in the first subparagraph of article 69 of the law Nº17.336 exclusively with respect to retransmission.
The National Television Council shall decide, by means of public tender, which channels shall be disseminated by such licensees, for a maximum period of five years, and must maintain a representative diversity among these and giving preference to the signals of the educational and cultural channels.
In any case the permit holders of limited television service may participate the television signal spreading broadcaster dealers. "."
(16) replace article 16 with the following: "article 16.-in case of transfer, assignment, lease or granting of the right to use, any security, the right to telecast of free reception, in the case of dealers with their own means, require the authorization of the Council, prior favourable report from the national economic Prosecutor." She is not evacuate the report within a period of thirty days following receipt of the background, means that it does not warrant any objection by the Prosecutor's Office. The Council may refuse such authorisation only in those cases that do not comply with the requirements provided for in article 18. The acquirer shall be subject to the same obligations as the dealer, meaning remaining the commitments contained in the technical project and a new financial project presented by the purchaser, with the requirements set out in subsection first article 22 should be adopted. The Council may require the information referred to in the second paragraph of the designated article.
No dealership you can celebrate any act or contract that involves, legally or in fact, empower a third party to administer all or part the TV spots that possess the concessionaire or make use of its right of transmission with its own programmes and advertising. This prohibition does not preclude point, essentially transitory agreements intended to allow the transmission of certain events altogether, provided that each dealership to keep your individuality and responsibility for transmission that takes place.
In any case, as provided in the preceding paragraph shall not apply to those dealers with own means that provide television broadcasting services to dealers with third-party media.
In the case of concessions granted by public tender, in addition, prior authorization is not available before that works and facilities necessary for transmission have been authorized in accordance with article 24 A of the law N ° 18,168, General of telecommunications, and who had passed at least two years from the date that the transmissions have started legally.
The Council, will give the authorization referred to in the preceding subparagraph prior report of the Undersecretariat of telecommunications. Carried out the transfer or assignment, the Council shall inform of the Undersecretariat of telecommunications, to make it perform administrative actions that correspond.
Except founded Council authorization, transfer, assignment, lease or granting of the right of use to any degree of the right to telecast free reception may not produce variation in the nature of the signs, according to the categories laid down in article 15 ter. "."
(17) add the following article 17: "article 17.-broadcasting of digital television signals can be carried out through radio streaming media belonging to the own dealer or radio media belonging to third parties, duly authorized."
The holder of a concession of digital television broadcasts, which exercises its right to transmit using their own radio means, granted under its grant, regardless of other activities that could develop because of it, you must allocate all of its transmission capacity for the issuance of one or more television signals of free reception, of consistent quality with the competitive and technological conditions of the television market , and according to the conditions that set the Plan of broadcast television, so it not may impose users any type of collection.
It will be essential for those national dealers, which transferred its main signal with a high definition quality, which must comply with the standards defined by the Plan of broadcast television and its complementary regulations.
In any case, new activities referred to in the second paragraph, may not affect the nature of the main broadcasters of free reception service. Also, for this purpose, the technical project will specify the conditions for the provision of these services.
Professional soccer national team matches, having the character of officers, in the event to be transmitted, shall be it through television signals of free reception, without prejudice to transmissions that may make the permit holders of limited television service.
In addition, those signals to be received by computers or mobile devices, technically called "one sec", must be always free reception.
Dealers of digital television broadcasting with radio media to transmit television signals must comply with special rules listed in the following literals: to) those licensees who have the necessary radio means for the transmission of digital television broadcast signals must be offered the remaining unused capacity of transmission, offers public and non-discriminatory , any dealer free reception of television broadcasts.
(b) for these purposes, a technical project should be attached to the request for grant, which must contain a special study that gives account of how it will ensure the effective use of the radio spectrum assigned by the award. To comply with this obligation, the concessionaire is subject to provisions of the letter a) of this article, in relation to the surplus of transmission capacity that is intended to be granted to licensees of television broadcasting of free reception. The Plan of broadcast television will establish the basic parameters of spectral efficiency for these services. "."
(18) Insert, in article 18, the following paragraph second, new, passing its current subsection second to be third paragraph: "May not be a concession holders municipalities, corporations and municipal foundations.".
(19) Agreganse in article 19 the following final clauses: "the duty to inform of the foregoing paragraph extends to purchasers of the right to use, any security, the right of television transmission referred to in article 16.
Without prejudice to the above provisions shall apply article 38 of law No. 19.733 of freedoms of opinion and information and the exercise of journalism, to any fact or act relevant relative to the modification or change in the ownership of the licensees of television broadcasting. "."
(20) replace article 22 with the following: complete individualization of the grant you are applying " indicating its character of generalist, education and if it's a concession to national, regional, local or local community status, in accordance with the characteristics established in article 15 ter, specifying if it is a concession with own means or by means of third parties.
(b) a financial project exclusively for the operation of the grant requested.
(c) a technical project, duly supported by an engineer or technician specialized in telecommunications, in which you specify the modes of transmission to use, own or contracted third parties, besides the in-depth detail of the facilities and operation of the concession which is postulated; the type of emission, the area of coverage and service area and other background required by this law.
(d) a statement concerning the orientation of the programmatic content that applicants are interested in spreading their signals.
(e) a certificate that gives account of compliance with labour and social security obligations pursuant to the second subparagraph of article 183-C of the law N ° 20.123.
(f) affidavit that stated that it faithfully complies with labour or social security regulations contained in chapter IV of title II of book I of the labour code, of the intellectual property contained in the law Nº17.336 and performers or performers of audiovisual performances contained in the law Nº20.243.
Information and background to provide a public contest applicants, relating to the identity of applicants and the most relevant aspects of his candidacy, will remain available on the web site of the Council. "."
((21) in article 23: to) replaced first subparagraph by the following: ' article 23.-in case of dealers with their own means, the Council shall forward to the Undersecretariat of telecommunications copy of the request or requests that have been submitted and the technical project accompanied in each case, to object that this body issued a report with respect to each request " considering the technical and formal requirements of legal and regulatory compliance. If there be two or more applications, shall establish, in separate and form based, if any of them guarantee the best technical transmission conditions or, if applicable, if more than one application, in accordance with the ranges set out in the contest rules, guarantees equivalently such conditions, in which case the contest shall be resolved by public draw , except as provided in the following article. The reports will have the value of expert evidence. The Undersecretariat of telecommunications must be reported in the period of thirty days from the date of receipt of the trade by which prompted a report. The contest only may be declared desert if none of the nominations meet its formal and technical requirements. "."
(b) add the following second paragraph, passing its current subsection second to be third paragraph: "in addition, in its report, the Undersecretariat of telecommunications will indicate if they exist or not radio frequencies available to operate the chosen concessions." Notwithstanding the above, the secretariat will keep permanently informed to the public, through a system of electronic consultation of the frequencies that have been assigned to provide the service. "."
(c) replace, in the final paragraph, the expression "on the basis of the" by the expression "whereas if it is necessary the".
(22) added the following article 23 bis: "article 23 bis.-without prejudice as provided in articles 15, 22 and 23, in the event that there is more than one applicant in the tender, in a situation of equality in the different projects-technical conditions and upon verification of compliance by the applicants of the requirements relating to financial projects and the qualities necessary to be dealer" more than one frequency available within the local area directors, if it were technically feasible may be granted. The specific frequency that will operate each of the assigns shall be resolved by public draw. "."
((23) in article 27: to) Replace subparagraph first with the following: "article 27-fulfilled the formalities provided for in articles 22 and 23, the Council awarded the grant or be declared void the competition." The respective resolution shall be published in summary drawn up by the Secretary General of the Council, only once, in the official journal the days 1 / 15th of the month or the next day if this is working. "."
(b) replacements for the following third and fourth subparagraphs: "If the claim is opposition to the assignment, the President of the Council shall transfer it to the recipient for a period of ten working days. Simultaneously, it shall request of the Undersecretariat of telecommunications a report about the facts and opinions of a technical nature in which the claim is founded. The Secretariat must evacuate the report within thirty days following receipt of the office in which it has been requested, will have value of expert evidence.
The payment for the transfer, with or without the response of the recipient, the President of the Council, have made substantial, relevant and controversial, will receive the claim to the test, which will be governed by the rules established in article 90 of the code of Civil procedure. Expired the end of test, háyan it or not rendered the parties, the President of the Council will be mentioned to special session so that the decision on the claim. Same procedure shall apply if the claim had not received proof. The Council shall meet within fifteen business days following the expiration of the probationary term. "."
(c) in the fifth subparagraph, replace the expression "deserted the bidding" by the expression "desert the public tender".
(d) Eliminanse, in his seventh paragraph, the expressions "President of the" and "Santiago".
(e) replace the final paragraph by the following: "the expired to claim or rendered resolution of the Council and, where appropriate, published in the official journal the extract from the decision which awarded the concession of television broadcasting, will proceed to the final decision respective, and from the date when this is fully transacted and is notified to the person concerned , they will begin to run the deadlines for the start of services. "."
((24) in article 30: to) replace the subparagraph first with the following: "article 30.-any request for modification of a concession of television broadcasting of free reception with own means shall be addressed to the National Council of Television, which shall send a copy of it, with their background, to the Undersecretariat of telecommunications if the request includes issues of a technical nature requiring a report." This will examine it and inform the National Television Council, within a period of thirty days, about the technical aspects involved. If the Undersecretariat of telecommunications or the National Television Council if any objections to the application, this will put them in knowledge of the person concerned to it remedy them within a period of 15 working days. If so it does not make it, the request shall be deemed not filed for all legal purposes, by the only Ministry of law. If there were no objections or corrected these, the National Television Council shall rule on the requested amendment. "."
(b) Insert the following second paragraph, becoming the current third: "For purposes of the preceding subsection, the Council may require, where appropriate, the information referred to in the first subparagraph of article 22.".
((25) in article 33: a) replaced the No. 2 of the first paragraph by the following: "2.-fine not less than 20 nor more than 200 monthly tax units, in case of concessionaires, permit holders or television broadcasting services limited television regional, local, or local community." In the case of concessionaires of television or licensees Services Limited of national television broadcasting services, fines may amount to a maximum of 1,000 monthly tax units. In case of recidivism in violation, the maximum fine can be duplicated. "."
((b) Insert, in the No. 4, in its letter to), the phrase "and the cover" between the terms "term" and "designated" of its current text, passing the latter to express themselves in the plural form "designated".
(((c) replace, in the letter b) No. 4 of the first paragraph, the reference "paragraphs first and second" by "the first paragraphs and final", and in no. 3) letter d) of the same N ° 4, delete the expression "final subsection of the".
((d) add, at no. 4, the next letter e), replacing the separate point that ends, by a semicolon: "e) transfer, assign, lease or grant the right of use to any degree of a concession of television broadcasting granted by public tender, without prior authorization from the Council, authorisation which shall be granted once received the corresponding report by the Undersecretariat of telecommunications." The aforementioned authorization may not be refused without just cause. "."
(e) replace the final paragraph by the following: "(Las permisionarias de servicios limitados de televisión sólo podrán ser sancionadas en virtud de infracción a lo dispuesto en el artículo 1° de esta ley, en la letra l) of article 12, article 14 and the second subparagraph of article 15 quater.".
(26) replace, in the first paragraph of article 40 bis, the phrase "in subsection end of article 1 and in the second and third subparagraphs of article 12", by "(en el artículo 1º y en la letra l) of article 12".
((27) in article 43: to) replace your subsection first by the following: ' article 43.-dealers of television services using their own radio means shall be entitled to the easements that may be necessary to operate and maintain its stations. ".
(b) add, in its second paragraph, the following final sentence: ", General Telecom, which was modified by the Nº20.599 law, which regulates the installation of stations and transmitting antennas of telecommunications services".
(28) replaced article 46 by the following: "article 46.-responsible for the licensees of television services transmissions which are carried out through them is non-delegable." Any contractual provision to the contrary shall be unwritten. Notwithstanding the foregoing, for transmission of content belonging to dealers contracts with third-party media, means that responsibility for transmission will correspond to the dealer that issued them and not to the holder of the concession that carries them. "."
((29) in article 47, amending the law N ° 18,168: a) add the following number 1, new, becoming their current numbers 1, 2 and 3, 2, 3 and 4, respectively: "1.-Insert, in article 2, the following paragraph second, new, passing your second paragraph to be third paragraph:"radio spectrum is a good national, whose domain belongs to the entire nation. " En_consecuencia: a) any natural or legal person may be attributed or claim to the domain of all or a part of the radio spectrum, b) awards that are granted to natural persons or legal are, by nature, temporary and c) beneficiaries with a concession may pay to the State the fair price for the use and enjoyment of the same in accordance with this law. ".".
(b) incorporate, as number 5, the following: "(5.-En el artículo 28 D: a) Agreganse, in) (c) of the first subparagraph, the following second and third paragraphs:"investments in transmission systems and infrastructure may be subsidies to promote the increase of coverage of digital free reception of television broadcasts and services Internet access, preferably at the same time in rural places " Island or isolated.
These subsidies should be used preferably in finance investments of dealers offering transmission capacity to other dealers, that provide access to Internet services and digital television broadcasting for free reception, in particular, dealers by means of third parties in Community regional, local and local character. ".".
(b) incorporate the following final paragraph: "any subsidy or funding referred to in this article should be considered, in addition, the technological convergence of the media with respect to which they are assigned.".
(30) add the following article 50:
"Article 50.-broadcasting television Plan must assign the necessary frequencies for the transition from analog television broadcasting concessions to digital technology. Must also book necessary frequencies for future concessions of television broadcasting. 40% of the total of assignable for digital television concessions, understanding it as such those that are available once the transition referred to in article 1 transitional law that allows the introduction of digital television has taken place, are intended to signal of digital free reception of television broadcasts local, regional, and local community , or for national or regional measures that the Council, by resolution, qualifies as a cultural or educational. By resolution established and agreed to by no less than seven of its members, the Council may increase or decrease this percentage, but in the latter case, may not do so at less than 30%. This percentage must consider two national frequencies, destined only to cultural or educational, signals so described by the Council by resolution. The Council by resolution established and agreed to by no less than seven of its members, shall define the procedure for the allocation of the respective concessions. This procedure shall ensure that the total of these two frequency spectrum is intended to make non-discriminatory offers dealers with third-party media. "."