It Regulates The Installation N Of Antenna Stations And Transmitters Of Telecommunications Services

Original Language Title: REGULA LA INSTALACIÓN DE ANTENAS EMISORAS Y TRANSMISORAS DE SERVICIOS DE TELECOMUNICACIONES

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"(Artículo 1º.-Modifíca_se la Ley General de Urbanismo y Construcciones, decreto con fuerza de ley Nº 458, de 1976, deel Ministerio de la Vivienda y Urbanismo, de la siguiente forma: a) the heading of chapter II of title III shall be replaced by the following:"of the execution of works of urbanization, buildings and supplementary facilities"."

(b) Agreganse the following articles 116 bis E, 116 bis F, 116 bis G, 116 bis H and 116 bis I: "article 116 bis E-towers stand antennas and radiant telecommunication transmission systems may be installed at urban and rural, and in both cases subject to the provisions of this article and the articles 116 bis F" , 116 bis G, 116 bis H and 116 bis I of this law, as the case may be.
For these purposes, means that the towers stand antennas and radiant telecommunication transmission systems correspond to the specific set of supportive elements of an antenna and radiant telecommunications transmission system. Furthermore, the antenna and radiant telecommunications transmission system corresponds to that device referred to in article 19 bis of the General Telecommunications Act.
Trying to permit installation of towers support antennas and radiating systems of transmission of telecommunications requested in areas of risk, in addition to complying with the requirements indicated in this law, must accompany the respective request a study founded, prepared by a professional specialist and validated by the competent body, which determines actions that must run for the proper utilization of the same , pursuant to the General Ordinance of this law. Such actions must be materialized before the reception of the tower by the direction of works of the respective municipality and, in any case, within the term of 12 months counted from the date of the application for permission or notice of installation, when appropriate.
The case of protected areas, the installation of towers support antennas and radiating systems of telecommunications transmission shall be authorized and must comply with is always the law Nº 19,300, in cases that so. En_caso_de declared areas of tourist interest in accordance with no. 7) item 8 ° of the law No. 20.423 applies the regime established in the following articles, as appropriate.
They can not install antennas and radiating systems of transmission of telecommunications in urban areas saturated with radiant systems of telecommunications in accordance with article 7 of the General Telecommunications Act, as such qualification is effective.
Torres nor support of antennas and radiant systems of transmission of telecommunications within public educational establishments may be performed private rooms wedge, kindergartens, hospitals, clinics or doctor's offices, residential properties where there are towers of high voltage, or nursing homes or other sensitive protection areas thus defined by the Undersecretariat of telecommunications, or at sites located within less than four times the height of the Tower of the boundaries of these establishments , with a minimum of 50 metres away, except that in the case of those towers stands antennas and radiating systems of transmission of telecommunication referred to in the articles 116 bis G and 116 bis H of this Act or required by such establishments for their own purposes.
For the purposes of the provisions of the following articles, the height of the Tower antennas and radiating systems of transmission of telecommunications support will be measured from the natural soil, unless installing over more than 5 story buildings.
Provisions of this article shall not be payable for the towers support antennas and radiant systems of transmission of telecommunications of the amateur services telecommunications nor the body of fire or agencies providing public utility services with respect to these same towers installed under a grant of limited of telecommunications services. The towers stand antennas and radiant systems installed on the application of this standard will not share their infrastructure with other dealers unless they meet the same requirements set out in this.

Article 116 bis F-all Tower support antennas and transmission of telecommunications more than twelve metres high radiant systems, including their antennas and radiant systems, installed by dealers, it will require installation of the respective direction of municipal works permit.
However, municipalities shall determine by Ordinance issued complies with article 65 letter k) Law No. 18.695, areas of the municipal or national assets for public use that manage, where preferably will have right of use for the site of the towers stand over twelve-meter antennas. Such Ordinance shall establish rates that the respective municipality may charge for the mentioned right of use. The above, without prejudice to the payment of the rights which the municipalities collected in the exercise of its powers under article 130 of this law.
The installation of such towers in preferential areas will be governed by this provision with the exception that in these cases will not be required municipal authorisation referred to in the letter to) of this article.
The facilities referred to in this article shall comply with the provisions of article 116 bis E, with the spaces established in the General regulations of this law and, in case of sited in urban areas, it will be applicable, in addition, the regime of gradients that establishes the respective regulatory plan, or failing the General Ordinance of this law.
They will be exempted from compliance with the rules on distances referred to in the foregoing paragraph installations of structures that, with the single aim of colocalizar a new antenna or radiant system of another operator, must modify its height. For these purposes, these facilities may exceed the gradients, provided that such modification does not exceed thirty per cent of the total height of the Tower support original.
To the permit application installation referred to in this article is must accompany the following background: to) request for installation, signed by the owner or owners of the property where the installation shall be carried out and the dealer responsible for the Tower support antennas and radiating systems of telecommunication transmission. In the event that permission is requested for the installation of towers support antennas and radiating systems of transmission of telecommunications in national public goods or managed by municipalities tax property, it will be necessary in addition to the application by the operator, authorization of the respective municipality.
(b) project signed by a competent professional in which plans of the installation of the Tower, which graph must comply with the minimum distances and the gradients to which this article refers is included. This plane must be signed by the owner or owners of the property where the installation shall be carried out and by the responsible of the dealer or his legal representative. Also, the project should be accompanied by an explanatory memorandum indicating the adopted design and construction measures to harmonise the structure with the urban environment and the architecture of the place where. Such explanatory memorandum will not be required when the design of the tower is among those included in the catalogue or Payroll that effect has been issued the Ministry of housing and urban development, report of the Department of telecommunications, which may be considered urban and natural characteristics of the various regions of the country.
(c) the total cost of the project budget, considering, among others, structures, radiant systems of transmission of telecommunications, equipment, room equipment, associated systems and rents for leases.
(d) structural analysis of the Tower project, including its foundations, with their respective calculation memory and levels of structure, which point to the support of antennas and radiating systems of transmission of telecommunications capacity, prepared and signed by a competent professional. The project must demonstrate that the ability to stand before designated will allow the Colocalization of antennas and radiating systems of transmission of telecommunications, at least, another dealer under the same conditions if infrastructure is less than 30 meters or three in the case of structures of more than 30 meters.
(e) certificate issued by Chile post, stating the communication by certified letter, sent in advance of at least thirty days to the filing of the application, the respective neighborhood Council and the owners of all the properties that are covered total or partially in the area located to the interior of the circumference which is Center shaft vertical Tower and a RADIUS equivalent to two times the height of the same, including its antennas and radiant systems. The properties that are in the above-described situation must single out at a level authorized before a notary.
Communication shall include the project of installation of the Tower support antennas and radiant systems, indicating the exact location of the installation and its height, as well as the design proposal to take to minimize the urban and architectural impact of the tower over the environment in which it will be located and an overview of the proposed work or works of improvement of the public space referred to in the letter f) of this article indicating alternatives prioritized for the case that there is no statement from the owners referred to in this literal. This communication is not necessary for the property in which the tower is installed. For the purposes of this paragraph, it shall be the obligation of communication to the owner of the property by the mere fact of having sent the aforementioned registered letter the owner registered with the internal revenue service for purposes of the land tax.
Same history included in the communication referred to in the preceding paragraph shall be placed on knowledge of the community through an insert published in a newspaper of the capital of the province or region with an anticipation of, at least 15 days to the filing of the application.
Failure to comply with the provisions of the preceding paragraphs will entail the refusal of permission to install or void of full, if it is that it had been granted.
Homeowners who are situated within the area described in this letter may be made through the respective direction of works to the City Council, in writing, and report of the respective neighborhood Council, observations that choosing on the project of installation of the Tower until thirty days after running of practiced the respective communication, and must opt for a work of compensation or a tower that is harmonized with the urban environment and architecture of the site, to which will require the simple majority of the owners referred to in the first paragraph of this letter. Within the same time limit that majority according to the done option it may propose be works of improvement of public space alternative to those proposed by the applicant, up to an amount equal to the percentage referred to in the letter f) of this article, or design of towers that are alternative to those proposed by the applicant, which comply with the objective of minimizing the urban and architectural impact of the tower over the environment in which it will be located always and when these designs are within the payroll referred to in point (b)) of this article. If owners do not pronunciaren on the option referred to in the literal present or not if any observations in accordance with the procedure and within the time limits laid down in this article, works Division shall be approved the work of improvement or tower design proposed by the person concerned, according to the prioritization performed.
In addition, owners who are situated within the area described in this letter may oppose the tower installation support antennas and radiant systems, for technical reasons, in compliance with article 15 of the law Nº 18,168, General of telecommunications. The deadline for exercising such opposition shall be 30 days and shall run from the date that the publication referred to in the third paragraph of this letter have been verified and). This communication must be made jointly with the publication of the summary referred to in the third paragraph of the same article 15. For the purposes specified in this subsection it shall not be required to secure residence in the commune of Santiago and notifications that may be made by registered letter or e-mail.
The City Council shall be dealt with exclusively on the respective work of compensation proposal or the modification of the design of the Tower, according to the observations received from the owners, through the direction of works, approving the proposal of the applicant or of the owners, which shall adopt the relevant agreements, all within a period of twenty calendar days from the expiration of the term for such comment. The agreements adopted by the Council in this matter must be certified by the City Clerk and submitted to the respective direction of works. The expired available to do so, without any statement by the City Council, they will have rejected such observations and approved the work of improvement or tower design proposed by the person concerned, or the first in the list if the proposal accompanied by understanding more than one. For purposes of this paragraph, the Council, once a year, must prepare a list indicating the types of improvement works that will be subject to funding by interested parties.
(f) a written proposal of work or works of improvement of the public space located to the interior of the circumference which Center the vertical axis of the Tower up to a radius of two hundred and fifty meters away from the place where will be located the same. The proposal should refer to works related to the implementation or telecommunications services enabling, improving green areas, pavements, cycleways, luminaires, ornamental or others, by an amount equal to thirty per cent of the total cost of the Tower support antennas and radiant systems of transmission of telecommunications, taking as a reference the budget that referred to c) of this article. The works of improvement mentioned above must be completed within a period of one year from the date on which the respective permission of tower installation. This period may be extended only once, and for a maximum of six months, for reasons of force majeure or unforeseen circumstances duly accredited to management of municipal works, and in this case renewed the guarantee referred to in the following paragraph. In the event that the proposal approved by the Municipal Council consist of the provision of telecommunications services, such services must be granted on a permanent basis while it is installed the Tower support of antennas and transmission of telecommunications corresponding radiant systems.
To ensure faithful compliance with the works of improvement of the public space referred to in this letter, the applicant must file a bond in favor of the respective municipality, which may consist of either a ballot of banking or insurance policy for the amount of the work concerned. The guarantee should be given for the period of execution of the work. Banking or insurance institutions that have issued the respective warranty document will pay the securities guaranteed with the only merit of the certificate granting the Director of municipal works, in the sense that the works were not executed and that the corresponding term is expired. In the latter case, these values must also be destined to the above improvement works.
(g) certificate from the Directorate General of Civil Aviation attesting that the overall height of the Tower, which is intended to locate, including its antennas and radiant systems, they do not constitute hazard to air navigation. This background of geographical location must match the certificate referred to in the letter h) and following.
(h) certificate of the Undersecretariat of telecommunications, attesting to the fact of having been presented an application for the grant or amendment of award of a telecommunications service, whose technical project set respective equipment and systems will be in the Tower whose installation permit is requested. In the event that permission is requested by a dealer of intermediate telecommunications services that provide these infrastructure services only will require that be presented a copy of the decree whereby was granted its award or certification carried out by the Secretariat to be in processing the granting of the respective concession.
(i) certificate of official line and previous information.
En_caso_de_que the request established in this article involve towers support antennas and radiating systems of transmission of telecommunications within the catalogue referred to in point (b)) this article, requests for permission must only comply with the requirements set out in the letters to), b), except for explanatory memorandum, d), except with regard to the obligation of Colocalization ((((, e) and f) only in terms of the communication for the purposes of the choice the first literal referred, g) and h) earlier. This same regime shall be subject those towers support antennas and financed by the respective concessionaire radiant systems which constitute a contribution to the architecture and the urban environment because it is a work of art for the city certified by a Committee of experts convened by the National Council for culture and the arts consisting of two members of the College of architects appointed by this , two renowned in the artistic field relevant artists appointed by the Council and a representative of this last body nominated by the Chairman, who shall have a casting vote.
(The towers that are installed and that it is intended to place in declared areas of interest referred to in no. 7) item 8 ° of the law No. 20.423 shall meet the design and construction conditions laid down in point (b)) of the present article or be included in the catalogue referred to in the same literal. Also, in case of torres support antennas and radiating systems of transmission of telecommunications to be installed in replacement of other towers, pursuant to article 19 bis of the General Telecommunications Act, must comply with the requirements set out in the letters to), b) with the exception of the explanatory memorandum, d), g), and h) of this article. Meanwhile, the towers stand antennas and radiant systems of transmission of telecommunications that is involved or complacent in lieu of other towers, with the purpose of making an object of urban art certified by the same instance indicated in the preceding paragraph only require notice of installation, provided that the modification does not exceed thirty per cent of the total height of the Tower support original.
The management of municipal works, respective, within the maximum period of 15 working days counted according to the letter e) preceding, will grant permission if, according to accompanied by background, the request for tower installation complies with the provisions laid down in this law, payment of municipal rights pertaining to the temporary works according to no. 3 in the table contained in article 130 of the General Law of urban planning and Constructions, or shall decide to refuse it. If over this period there is no statement written on the permit, the interested party may request expressly that taken a decision granting or refusing permission within the two working days counted from the requirement. If silence means that merely granted permission for the management of municipal works. If permission is denied interested parties may claim before the corresponding Ministerial Regional Secretariat of the Ministry of housing and urban development, to apply for such purposes as provided in the fourth paragraph of article 118.
Installation's permit will be granted to the concessionaire of intermediate and public telecommunications services. It will clearly identify the beneficiary; the location of the licensed facilities, and may not be less than that subtract the applicant to complete the term of its lease. The costs associated with the removal of the towers stand antennas and radiating systems of telecommunications transmission, once expired deadlines of permits, will be in charge of each operator, without prejudice to the provisions of the second paragraph of article 124, which is relevant.
The Director of works, once installed the Tower, you should check that the installation was implemented in accordance with the permission granted and will proceed to do the reception, if he is coming.
The owners of real estate in the radio referred to in letter e) of this article which are territorial tax taxpayers may request a repricing of the appraised value of their properties to obtain a decrease in contributions, except that the installation of the Tower support antennas or a radiant system that is the factor which considerably decreases the value of the property attributable to the owner or occupant. This, according to article 10, letter e), law No. 17.235 Territorial tax.

Article 116 bis g.-all tour support antennas and radiant systems of transmission of telecommunications more than three and up to twelve meters in height, including therein their antennas and radiant systems, which fulfil the conditions of design and construction provided for in point (b)) of the previous rule, will require permission for installation of the Director of municipal works in accordance with the provisions of this article.
The facilities referred to in the preceding paragraph shall comply with the rules set out in article 116 bis E and the distances set out in the General regulations of this law. The installation's permit request, must be accompanied by the background set out in the letters to), b), h) e i) article 116 bis F of this law. In addition, the applicant must submit proof of mails attesting to have not less than 15 days notice sent a communication to the owners referred to in the letter e) article 116 bis F report to your application and in particular the characteristics of the tower to install and design. A simple majority of the owners may ask the direction of works, within a period of 15 days, an alternative design for the Tower, whenever it finds in the list referred to in point (b)) article 116 bis F, which ultimately will resolve.
The respective direction of municipal works shall be dealt in the same manner and within the same time limit in article 116 bis F, with the exception that in these cases may not be refused permission, even though the tower are install in an area saturated with installation of supporting structures of antennas and transmission of telecommunications radiant systems. If there is no statement in writing of the permit within the term to this effect or it is denied, will apply the referred article.
Permission of installation of antennas and radiant systems support will be granted to the concessionaire of intermediate and public telecommunications services. It will clearly identify the beneficiary; the location of the licensed facilities, and may not be less than that subtract the applicant to complete the term of its lease.
The Director of works, once installed the Tower, you should check that the installation was implemented in accordance with the permission granted and will proceed to do the reception, if he is coming.
Those towers support of antennas and transmission of telecommunications more than three radiant systems and up to twelve meters which do not fulfil the conditions described in subsection first of this precept must be entirely subject to provisions of the previous article.
Both the towers support antennas and radiating systems of transmission of telecommunication referred to in this article, which is adosen or adhere to a pre-existing building, as to the posts of public or electric lighting, advertising elements, signage and street furniture in any height, not will be callable permission referred to in the subparagraph first of this article , and must only comply with installation notice laid down in article 116 bis H. such structures must meet conditions for harmonization with the urban environment and architecture of the place where adhere or adosen.
Notwithstanding above, towers support antennas and radiant transmission systems telecommunications up to 18 meters which comply with the conditions of harmonization with the architecture and the urban environment and designed for colocalizar antennas and radiating systems of third party licensees that provide community telephone mobile or data transmission, shall be governed by the provisions of this article (, and must accompany, in addition to the designated background in that article, those laid down in point (d)) of the preceding article and the respective agreement of Colocalization.

Article 116 bis H-towers support antennas and radiant three or fewer meters high telecommunication transmission systems, including in them their antennas and radiant systems, they will require notice from installation to management of municipal works in accordance with the requirements laid down in the General regulations of this law.
Subject to the same notice the installation of structures carrying antennas that rise up on buildings over five floors and those that it is intended to install in rural areas, either was its size.
The installation of antennas and radiant systems in a tower already built product authorization for colocalizar awarded by the concessionaire pursuant to article 116 bis F will not require permission or notice of the respective direction of municipal works.

Article 116 bis i.-means that an urban territory is saturated structures of towers install antennas and radiating systems of transmission of telecommunications support when a licensee intends to install a new Tower within a radius of one hundred meters to the round where there are already two or more towers of 12 meters or more, measured it from the vertical axis of any of the existing towers. In this case, the applicant shall proceed in accordance with the following paragraphs. The Declaration of saturated territory referred to in this subparagraph shall be made by the Undersecretariat of telecommunications, having as background the structures in the territory, at the time of issuing a decision in accordance with article 19 bis of the General Telecommunications Act or during the processing of a request for grant or modification.
In case that you need to install one or more antennas or transmission of telecommunications under conditions of Colocalization radiant systems by declaration of an urban territory, as saturated with installation of supporting structures of antennas and transmission of telecommunications radiant systems, will require notice of installation which must accompany the agreement or authorisation of co-localization of the owner of the respective Tower or copy of the favourable resolution of the Undersecretariat of telecommunications the required dealer , or the arbitration award, as appropriate, in accordance with the provisions of article 19 bis of the law Nº 18,168, General of telecommunications. Only when pursuant to article 19 bis of the General Telecommunications Act under Secretary has determined that the refusal to the co-localization is founded by the required dealer, may be installed in an exceptional way towers stand over twelve metre in these territories, provided that they meet the conditions of harmonization with the urban environment or the architecture of the place where , and in accordance with the procedure and requirements set out in the previous articles.
This regime also applies to the 500 m Strip adjacent to the boundary between urban and rural determined in the instrument of territorial planning corresponding. "."

(c) be added in article 130 the following paragraph: '10. Tower installation permit support of antennas and transmission of telecommunications Radiant Systems - 5% of the budget of the installation. "."