Amends Act No. 18,168, General Of Telecommunications, In Order To Improve Ra Legal Regime Of N And Granting Concessions Of Radiodifusia N Sonora Asignacia


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Sole article.-Introducense the following modifications in the law N ° 18,168, General Law on telecommunications: 1) amended article 13, in the following way: to) added in the third paragraph, then from its current separate dot (.), that happens to be followed dot (.), the following sentence: "However, if it did exist with regard to the existing concession a charge transacted procedure in accordance with article 36 A started by a violation that could warrant the forfeiture of the grant, according to the provisions of article 36, N ° 4, the call for competition will be delayed until later of declared the expiration of the concession by presidential decree or that has been enforceable resolution of the Minister which do not apply such sanction. "."

(B) be inserted as paragraph fourth new, the next, passing the current paragraph fourth to be fifth subparagraph: "from that moment, will proceed according to the preceding paragraph. En_el_caso_que the date of expiration of the period of the concession, had not happened yet none of the two mentioned circumstances, the grant shall remain in force, according to the following cases: a) to the Declaration of expiration, or b) until it is definitively resolved the request of respective renewal, but only in favour of the concessionaire that effected promptly, in accordance with the primitive period (, the request referred to in subparagraph first of article 9 bis, or c) until it has expired for the tender convened, unless the dealer that is in the case referred to in the previous number make such presentation. "."

(C) add the following final paragraph: "In the tender called by the expiration of the term of a lease, shall be fixed as a maximum service area the concession to renew, unless dealer founded demonstrate the feasibility of one greater area, by presenting the corresponding request in advance for at least 270 days with respect to the date of such expiration.".

((2) amended article 13 A, in the following sense: to) deleted from your subsection first the following sentence: "the request must accompany a financial project, duly endorsed, exclusively for the installation, exploitation and operation of the concession which is postulated.".

(b) Insert the following second paragraph again, becoming current subparagraphs second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, 10th the first and tenth second third subparagraph, fourth, fifth, sixth, seventh, eighth, ninth, tenth, tenth first and twelfth and thirteenth, respectively: "the technical project mentioned in the preceding paragraph will not be enforceable the current holder of a concession that apply in the public tender to renew. In this case, simply attach an annex containing the explicit statement that ratifies the specifications of the technical project that sustained the original concession and their renewals and modifications prior to the contest, if appropriate to the application. However, the Undersecretary will, from the next business day call respective public tender, such background in your institutional web site, so anyone interested can use them as a basis for the preparation of the technical project. "."

(3) added in the final paragraph of article 13 C, then its current separate dot (.), which happens to be followed dot (.), as follows: "No means applicable provisions of subparagraphs end of article 13 and article 13 A second.".

(4) Insert the following new third subparagraph article 36 A, passing current paragraphs third and fourth to be fourth and fifth paragraphs: "in the case referred to in the third subparagraph of article 13, the Minister must resolve with the maximum speed and in any case, within the maximum period of 15 days since the procedure is in State of resolved , except that have been recorded in the car the fact of having certified the extinction of the respective granting, in accordance with article 23. "."