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IT AMENDS LAW NO 18.168, GENERAL OF TELECOMMUNICATIONS, IN ORDER TO IMPROVE THE LEGAL FRAMEWORK FOR THE ALLOCATION AND GRANTING OF BROADCASTING CONCESSIONS

Original Language Title: MODIFICA LA LEY Nº 18.168, GENERAL DE TELECOMUNICACIONES, CON EL FIN DE PERFECCIONAR EL RÉGIMEN LEGAL DE ASIGNACIÓN Y OTORGAMIENTO DE CONCESIONES DE RADIODIFUSIÓN SONORA

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LAW NO. 20,292 AMENDS LAW NO. 18,168, GENERAL OF TELECOMMUNICATIONS, IN ORDER TO IMPROVE THE LEGAL REGIME FOR THE ALLOCATION AND GRANTING OF SOUND BROADCASTING CONCESSIONS Having regard to the fact that the National Congress has given its approval The following Bill: Single article.-Introduces the following amendments in law N ° 18.168, General Law of Telecommunications: 1) Amend Article 13, as follows: (a) Add in the third subparagraph, following its current separate point (.), which is to be followed (.), the following sentence: " However, if there is a procedure of charge dealt with in accordance with the current concession Article 36 A, initiated by an infringement that could merit the expiration of the concession, in accordance with the provisions of Article 36, No. 4, the call for contest will be postponed until after the expiry of the concession by decree or that the decision of the Minister which does not apply such a sanction has been implemented. ' B) Intercalase itself as a new fourth indent, the following, passing the current fourth indent to be the fifth indent: " From that moment on, it will proceed according to the preceding paragraph. In the event that at the expiration date of the concession period, none of the two circumstances indicated, the concession will remain in force, according to the following cases: (a) Until the declaration of revocation, or (b) Until the final application for renewal is definitively resolved, but only in favour of the concessionaire which has made the application to the competent authority in due time, in accordance with the referred to in Article 9a (b), first subparagraph, or (c) Until the time limit for the submission to the public tender has expired, without the dealer in the case referred to in the preceding number making such a presentation. '; (c) Add the following final point: " In the public tender called by virtue of the expiration of the term of validity of a concession, the concession to renew shall be fixed as the maximum service area, unless the concessionaire demonstrates on the basis of the feasibility of a larger area, submitting the relevant application at least 270 days before the date of such expiry. " 2) Amend Article 13 A, in the following sense: (a) Remove from its first subparagraph the following sentence: "The application must attach a financial project, duly supported, intended exclusively for the installation, operation and operation of the concession to which it is running." (b) Intercalase the next second indent, passing the current points second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, tenth first and tenth second to third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, tenth First and 12th and tenth third, respectively: " The technical project referred to in the preceding paragraph shall not be required of the current holder of a concession which he postulates in the public tender to renew it. In this case, an annex containing the explicit declaration that the specifications of the technical project supporting the original concession and its previous renewals and modifications are ratified shall be sufficient to attach to the application. if applicable. However, the Secretariat shall, from the following day, place such records on its institutional website, in order to enable any interested party to use them as a basis for the preparation of its project. (3) Add to the final paragraph of Article 13C, following its current separate point (.), which shall be followed (.), the following: " The provisions of the final points of Article 13 and the second of the Article shall not be construed as applicable 13 A. " (4) Intercalase the following new third indent in Article 36a, passing the current incisos Third and fourth, to be fourth and fifth: " In the case provided for in the third paragraph of Article 13, the Minister must resolve with the utmost speed and in any case, within the maximum period of 15 days after the procedure is in state. (a) to be settled, unless the fact that the respective concession has been certified has been certified in accordance with Article 23. '; And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 12 September 2008.-MICHELLE BACHELET, President of the Republic.-René Cortazar Sanz, Minister of Transport and Telecommunications.-Francisco Vidal Salinas, Minister General Secretary of Government. What I transcribe for your knowledge.-Salutes intently to Ud., Pablo Bello Arellano, Undersecretary of Telecommunications.