Replace The Title Iv Of The Act No. 18,168, 1982, General Law Of Telecommunications


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"Sole article.-replace title IV of law No. 18,168, General of telecommunications, by the following, new:" title IV of the Telecommunications Development Fund article 28-create the Telecommunications Development Fund, under the Ministry of transport and telecommunications, hereinafter "background", for a period of ten years, counted from the entry into force of this law in order to promote the increase of coverage of telecommunications services in low-income urban and rural areas, especially with regard of localities in extreme or isolated geographical areas.

The Fund shall be constituted by the contributions allocated annually in the budgets of the Public Sector law, notwithstanding that you may receive other contributions.

Article 28 B-the Fund will be administered by the Council of development of telecommunications, hereinafter "the Council", composed of the Minister of transport and telecommunications, who will chair it, and by the Ministers of economy, development and reconstruction; Finance; Planning and cooperation; or their representatives, and by three professionals with experience in the area of telecommunications and linked to the various regions of the country, who shall be appointed by the President of the Republic. The Executive Secretary of the Council will be telecommunications Undersecretary, who will be responsible for the minutes of meetings and the quality of Minister of faith.

In the absence of the Minister of transport and telecommunications, he will chair the session the Minister of economy, development and reconstruction or his representative. In the event of a tie in the votes to take agreement, resolve who chair the respective session.

Article 28 C-the Undersecretariat of telecommunications, on the basis of specific requests for telecom projects received, shall draw up, with due notice, an annual program of subsidiables projects, which will be available to the Council, accompanied by technical and economic evaluations of them and of their respective social priorities.

In addition, the Undersecretariat of telecommunications may consider projects to be tendered within the annual programme. In such a case, the bidding rules contemplate establishing guarantees that ensure proper and full execution of the project, as also its optimum performance and operation and, if appropriate, the minimum amount of the tender.

For the purpose of proceeding with the preparation of the annual programme of projects subsidiables or licitables, the Undersecretariat of telecommunications previously require municipalities to report on the needs of telecommunications relating to the respective commune.

Article 28 D-the program annual project subsidiables or licitables, mentioned in the previous article, consider the following types of projects: to) public telephones or call centers.

(b) community Telecenters of information.

((c) telecommunications services free reception or local broadcasting, whose transmissions are intended for receiving free and direct to the public in general, are noise, TV open or limited, or other, especially the minimum coverage broadcasting services defined in the second letter paragraph a) of article 3 of this law.

(d) any other telecommunications service that directly benefits the community which shall operate.

Projects can be complemented by subscribers and other benefits not affected subsidy lines.

Article 28 E-the Council shall have the following functions: 1) define annually the criteria or guidelines that should be considered by the Undersecretariat of telecommunications to assess projects.

(2) establish the annual programme of subsidiables or licitables projects, priorities, and subsidies for its execution, hearing prior to the associations of municipalities.

(3) assign, by public tender, projects and subsidies for its execution.

(4) prepare and disseminate annual report of activities.

For the proper performance of its functions, the Council may require regional, provincial, or communal authorities directly or through the regional ministerial secretariats of the Ministries represented in the background as it deems necessary.

Article 28 f.-the basis of public tenders will specify requirements, characteristics and the content of the corresponding project, ensure the quality of service and ensure the transparency of the process and the fair treatment to the participants. In any case, bases should bring, at least, the following: minimum service area; the maximum rates that may be applied to that minimum area users, including their indexation clauses; the deadlines for the execution of the works and the initiation of the service; the maximum amount of the grant and the type of emission, in the case of telecommunications services of free reception or local broadcasting, whose transmissions are intended to free and direct reception by the public in general, including minimum coverage broadcasting services.

Legal entities that comply with legal and regulatory requirements to be holders of the concession or permission of the telecommunications services in question, as the case may be presented in the competition. However, the concessionaires of public telecommunications service, intermediate telecommunications services that provide telephone service long distance and the permisionarias of limited television service, must do so through corporations, which may be subject to the rules governing public limited companies open and subject to the supervision of the Superintendency of securities and insurance, subsidiaries of these. You are excluded from this requirement to the concessionaires of services regulated by this law and the services open or limited TV, which exploit exclusively concessions granted pursuant to this title.

The projects will be assigned to applicants whose proposals, conforming fully to the contest rules, require the minimum subsidy only once. In case of tie, the project will be assigned to the applicant that offers many additional benefits. Survive the tie, is assigned the project to the applicant who commits a lesser term for the start of services. Not resolved the allocation in accordance with the preceding rules, this will be defined by lot.

Article 28 G-assigned a project, the Council shall forward the respective background to the Undersecretariat of telecommunications, which must deal with concessions, permits or licenses, as applicable, within the period of sixty days, in accordance with the procedure established the regulations of this title.

Article 28 H-subsidies referred to in this title will be financed with the resources of the Fund and will be paid through the service of treasuries, in the form determined by the regulation.

These subsidies will not constitute income to its beneficiaries.

Article 28 I-the rules of this title shall be approved by Supreme Decree issued by the Ministry of transport and telecommunications and subscribed, in addition, the Ministers of economy, development and reconstruction and finance. It will establish the rules of functioning of the Council; the form of designation and requirements to be met the directors nominated by the President of the Republic; the mechanism of nomination of the representatives of the Ministers before the Council; the rules to be submitted the Undersecretariat of telecommunications in the elaboration of the annual subsidiables projects program and technical and economic evaluation of submitted proposals; the rules that will regulate the competitions, especially their bases; the form of paying subsidies, and all other necessary legislation for the adequate operation of the Fund. ".".