About Recovery N And Continuity Conditions Cra Policies And Emergency Of The Pa Public Telecommunications System

Original Language Title: SOBRE RECUPERACIÓN Y CONTINUIDAD EN CONDICIONES CRÍTICAS Y DE EMERGENCIA DEL SISTEMA PÚBLICO DE TELECOMUNICACIONES

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley N° 18.168, General de Telecomunicaciones: 1.-Elimína_se en la letra e) of article 3 the phrase" transmission or switching of "and enter a second paragraph worded as follows:"for dealers of intermediate services telecommunication who only provide physical infrastructure for telecommunications, only will be required for the purpose of obtaining, installing " operate and exploit the concession, those requirements established the regulations issued for that purpose by the Ministry. "."

2. Add the following article 7 bis, new: "article 7 bis: in emergencies resulting from natural phenomena or electrical failure generalized or disaster, concessionaires, permit holders or licensees of telecommunications shall transmit without cost, to the extent that their technical systems so permitted and that the quality of service defined in the technical regulations these concessions are found under whose protection is not affected , permits or licenses, the alert messages that entrust you the bodies which the law granted this ability. The above in order to allow the exercise of the governmental functions of coordination, prevention and solution of the effects that may occur in emergency situations. A regulation will define the interoperation of these warning systems and telecommunications dealers.
The obligation contained in this article shall mean accomplished with single retransmission of messages of alert by the licensee, permit holder or licensee, users who provide services of telecommunications in accordance with the provisions of article 3 the, being exempt from liability in the event of force majeure or fortuitous event.
Dealers, licensees or licensors do not assume responsibility for the content of the message to be broadcast. "."

3.-amending article 13 A, in the following manner: to) replacements, in its sixth paragraph, third sentences and end, by the following: "it shall be notified to the interested parties in accordance with the provisions of article 16 bis, after which will be published in summary drawn up by the Secretariat on the website of the Agency, which for this purpose shall maintain a special link with direct access to all the published resolutions at the very least, in the previous month. In case of declared desert contest by absence of applicants corresponding resolution will be published in summary on the website of the Secretariat, without prior notice. "."
(b) disposed of its seventh paragraph.

4 insert in the fourth paragraph of article 13 C, then the expression "applicable.", the following text: "the publications referred to in article 13 to be made in the official journal and in a newspaper of the capital of the province, or in the absence of East of the capital of the region in which the facilities will be located. In the case of granting of the concession or permit publications will be in charge of the beneficiary and must be made within 10 days of the date of its notification, under penalty of having you by withdrawn his application, by the only Ministry of law and without the need for any additional decision. In case of declared wilderness the competition the publication will only be in the official journal, will be in charge of the Secretariat and must be in same period. "."

5.-amending article 14, in the following way: to) add the following final sentence in the fourth paragraph: "the publications referred to in those provisions will be made on the web site of the Secretariat, pursuant to article 13 A.".
(b) insert in fifth subsection, then the phrase "this Act", the following: ", with the exception of those modifications that, regardless of a change in the area of service, frequencies, of the width of band or of the maximum powers already authorized, are installed on infrastructure already authorized, in which case the authorization shall be granted by decision of the Secretary.".

6.-Introducense in article 27, the following amendments: to) replace the second paragraph by the following: "any suspension, interruption or alteration of a public service of telecommunications or the internet for reasons not imputable to the user, which exceeds six hours in a day or 12 hours continuous or discontinuous monthly, shall be deducted from the monthly fee of the service at the rate of one day for each 24 hours or fraction exceeding six hours. In case that the suspension, interruption or alteration exceed 48 hours continuous or discontinuous in the same month and do not obey to force majeure or fortuitous event, the concessionaire shall also indemnify the user with the equivalent of three times the value of the daily rate for each day of the suspension, interruption or alteration of the service. "."
(b) incorporated the following paragraph third, new, passing the current third paragraph to be fourth: "for users who have not contracted the billing and collection of a fixed charge, discounts that apply to your connection will be made by the concessionaires, through the extension of the time of validity of the cards used to this effect. With aim of the indemnity you must pay attention to average monthly consumption levels. Discounts and allowances provided for in this article must be deducted from the account or next monthly bill. "."

7 Intercalanse in the second paragraph of article 37, then of the first sentence, the following new: "in situations of disaster, dealers of intermediate and public telecommunications services, for the purposes of the provisions of the article 7 bis, shall also provide the Undersecretary information about failures, significant in its telecommunications systems that may affect the normal functioning of the same. Such requests may be made by electronic means and shall deliver the form and opportunity pointing to the effect the regulation issued by the Ministry. "."

8. merge the following title VIII, new: "title VIII of the criticisms of telecommunications infrastructures article 39 a.-the Ministry, through the Undersecretariat of telecommunications, will develop a plan for protection of the critical infrastructure of telecommunications in the country, in order to ensure the continuity of communications in emergency situations resulting from phenomena of nature, widespread power failures or other disaster situations." For this purpose, shall have the following functions: to) to coordinate with the various agencies and Government institutions and private agents design, implementation, development and maintenance of policy and protection of critical telecommunications infrastructure plan.
(b) declare as critical infrastructure, through resolution founded, and according to the procedure laid down in the regulation, networks and telecommunications systems whose interruption, destruction, cutting or failure would generate serious impact on the security of the affected population. The dealer may claim this Declaration to the Minister, within the period of ten days, accompanying the antecedents that support the application. Filed the claim will be transfer to the Undersecretary, who must evacuate a report within ten days following receipt of the trade in which has been claimed. Expiry of this period, the Minister will resolve within the thirty days following the date of receipt of the report or in the course of the term, as applicable. Resources that should stand against such a resolution shall be governed by the provisions of law N ° 19.880.
(c) establish safeguard measures to be adopted by the concessionaires, permit holders or licensees, for the operation and exploitation of their respective telecommunications infrastructures that have been declared as critical, in order to ensure the continuity of communications in the terms referred to in their own technical projects in emergency situations described in the heading of this article. The dealer may claim one or more of the measures enacted to the Minister, within the period of ten days, accompanying the antecedents that support the application. Filed the claim will be transfer to the Undersecretary, who must evacuate a report within ten days following receipt of the trade in which has been claimed. Expiry of this period, the Minister will resolve within the thirty days following the date of receipt of the report or in the course of the term, as applicable. Resources that should stand against such a resolution shall be governed by the provisions of law N ° 19.880.

Article 39 B-a regulation will contain definitions, procedures, measures and requirements so that the Undersecretariat of telecommunications, within the sphere of its competence, implement backup of the critical infrastructure of the country's telecommunications plan. Measures which are imposed by the regulation must be strictly proportional to the coverage of service providing such infrastructure, as well as technically and economically feasible to implement by the operators of the service. Shall also set a time limit within which licensees implement these measures gradually, taking into account technical factors that implementation. "."