Introduces Modifications That Indicated In Law N ° 18,168, General Of Telecommunications

Original Language Title: INTRODUCE MODIFICACIONES QUE INDICA EN LA LEY N° 18.168, GENERAL DE TELECOMUNICACIONES

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"(Artículo 1°.-Introdúcense las siguientes modificaciones en la ley N° 18.168, General de Telecomunicaciones: 1. Reempláza_se, en el artículo 3°, la letra e) by the following:" e) intermediate telecommunications services, consisting of the services provided by third parties, through facilities and networks, intended for the needs of transmission or switching of dealers or licensees of telecommunications in general "" , or to provide telephone service long distance to the community in general. "."
1a.-delete, in article 5, the word "preferably".
1B.-Add, in the second paragraph of article 6, replacing the final dot (.) with a comma (,), the following phrase: "without prejudice to the powers of the courts of Justice and the special agencies created by Decree Law No. 211 of 1973.".
1 c-adding, in article 7, the following new second subsection: "Additionally shall be responsible for control and oversee the operation of the public telecommunications services and the protection of the rights of the user, without prejudice to judicial and administrative actions to which they are entitled.".
2. replace article 10 by the following: ' article 10.-limited whose transmissions do not exceed the property of your installation or services that use only facilities and authorized dealers of intermediate services networks to exceed this level, inside or outside the country, will not require permit. " For these purposes, will be the quality of real estate only those which by their nature are, excluding real estate by destination and by adherence. "."
2A-add, in title III, then the word "Telecommunication", the following phrase: "and of repayable funding contributions".
2B.-added, then the article 24 C, articles 28 A, 28 B, 28 C and 28 D, passing become articles 24 D, 24 E, 24 F and 24 G, respectively, with the following amendments:-in article 28 A, which becomes 24 D, insert between the comma (,) that follows the word "service" and the word "through" the phrase 'out of its service area,'.
-In article 28 C, which happens to be 24 F, replace the reference to article 28 A of the other to article 24 D.
-Delete article 28 E.
3 Add, then of article 24, the following article 24 bis, new: "article 24 bis.-public telephone service dealer must establish a system of dialing multiportador that allows the Subscriber or user of the telephone public service select the long-distance services, national and international, of the concessionaire of intermediate services of your choice. This system should allow for the selection of the intermediate service in each long distance call, so automatic as through operator, marking the same number of digits to identify any intermediate services dealer. Every intermediate services licensee identification digits allocated by drawings made by the Undersecretariat of telecommunications.
Dealer telephone public service should offer, give and provide all intermediate services dealer providing services long distance, same kind of access or connections to the telephone network. Also, not you can discriminate among others, in any way, especially with respect to quality, extension, time, value and price of the services that it provides them with reason or because of access or use of the multiportador system.
Intermediate services dealers may establish a system of multiportador hired, optional, allowing the Subscriber to choose the services of long distance, international or national, intermediate services of your choice, by Convention, dealer for a given period.
The telephone public service concessionaire shall offer, giving and providing all dealers of intermediate services that provide long distance services, in equality of conditions economic, commercial, technical and information, the facilities that are necessary to establish and operate the system of contracted multiportador.
Measurement functions, pricing, billing and collection of long distance services shall be companies providers of such services, without prejudice to that they can perform them by hiring the whole or part of such functions with the public telephone service dealer, who will be required to provide this service once required, according to rates set in accordance with article 30 to 30 J , by the ministries of transport and telecommunications and of economy, development and reconstruction, hereinafter "the ministries, which must also approve or fix the format, dimensions and other details of the single account that Subscriber will receive.
Public telephone service dealer must be, at its expense, any changes which are necessary to connect to dealers of intermediate long distance services that request it. Rates which may charge the dealer of public telephone services intermediate dealers to recover these costs, as also the conditions and deadlines in which concerned amendments shall be shall be approved or set by the ministries.
Public service phone dealers will not give any information regarding dealers services intermediate, being empowered only, in equal conditions and format, to include, in the telephone directories and other publications in circulation among its subscribers, the digits of ID, according to the Fundamental technical telephone numbering Plan, as well as countries and access codes for long-distance services national and international.
Any modification of telephone networks shall be informed, due in advance, by the public telephone service dealer, all intermediate service dealers who provide services of long-distance, on non-discriminatory terms.
Dealership telephone public service should be available to dealers of intermediate services that provide services of long-distance, on non-discriminatory terms, all relevant information relating to subscribers and users and completed trades. The specification of this information, the means to provide it and the applicable rates for this concept, will be approved or set by the ministries.
Dealer of intermediate services that provide long distance services pertaining to tariff fixation, as set out in article 29, shall be required to provide these services to other dealers of intermediate services that also provide services of long-distance, under non-discriminatory conditions.
Agreement signed by licensees of public service telephone or dealer of intermediate services, saying in relation to the provisions of this article and its regulations, must be submitted to the Secretary of telecommunications, within twenty days of the date of its celebration.
The provisions of this article shall be regulated by Supreme Decree, which must be signed by the Ministers of transport and telecommunications and of economy, development and reconstruction. "."
4. replace article 25, by the following: "article 25.-will be obliged to concessionaires of public services of telecommunications and dealers of intermediate services provided telephone long distance service, establish and accept interconnections, according to technical standards, procedures and deadlines established the Secretary of telecommunications, so that subscribers and users of the utility of the same type to communicate among themselves" inside and outside of the territory national.
For interconnections between networks of public telephone service and intermediate service of telecommunications networks, to pursue long-distance communications, it is the sole responsibility of the concessionaire of intermediate services of telecommunications access to the local network of each primary zone at the network termination points set by the Undersecretariat of telecommunications. It will also dealer of telephone public service obligation to establish the interconnections with networks of intermediate services that are requested at such points, according to the provisions of article 24 bis and its regulations.
Dealer of intermediate services that should provide long distance services to other licensees of the same type, as referred to in the tenth paragraph of article 24 bis, shall be obliged to accept and to establish the interconnections that requested you for this purpose. In this case is of exclusive responsibility of the dealer requesting interconnection access pre-existing network, at the interconnection points set by the Undersecretariat of telecommunications.
For interconnections between networks of public service phone different dealers, in a primary area, for local communications, it is the exclusive responsibility of the new dealer access to the pre-existing network at network termination points set by the Undersecretariat of telecommunications.
Applied between the dealers for their services through interconnections, prices or rates will be fixed according to the provisions of articles 30 to 30 J of this law. "."
5 replace article 26, with the following: "article 26.-telecommunications services dealers can install their own systems or use those of other companies, according to the concessions that have been granted to them."
However, only companies services intermediios telecommunications constituted as corporations open, which may be subsidiaries or affiliated companies of public telecommunications services concession companies, may install, operate and exploit media that provide functions switching or transmission of long distance service public telephone, provide national and international long distance telephony services , and establish agreements with foreign correspondents to that effect.
In any case, dealers of intermediate telecommunications services that provide long distance phone service, may offer telephone communications of long distance national and international, in direct care to public, after communication to the Undersecretariat of telecommunications. Public service phone dealers may also, installing, operating, and exploit public phones outside their service area, prior notification to the above-mentioned Undersecretariat.
The concessionaires of public telecommunications services may not be marketed services borne by dealers of intermediate telecommunications services which provide services long distance, and vice versa.
All grantees and licensees of telecommunications services will have access to the use of satellite systems and cable international, under conditions of equality in the technical and economic, according to the terms of the concession or permission, which agreed by parties and without prejudice to the provisions of the second paragraph of this article.
All communication that exceeds a primary zone will be considered long distance for the purposes of this Act. "."
5a. Insert, in article 27, the following new second subsection: "any suspension, interruption or alteration of telephone service that exceeds 12 hours for reasons not imputable to the user, shall be deducted from the monthly fee for basic service at a rate of one day for each 24 hours or fraction exceeding 6 hours. In the event that the suspension, interruption or alteration exceed 3 consecutive days in the same calendar month and do not obey to force majeure or fortuitous event, dealer shall indemnify the user with three times the value of the basic daily rate for each day of the suspension, interruption or alteration of the service. Discounts and allowances provided for in this article must be deducted from the account or next monthly bill. "."
6 replace "Title IV of the contributions of funding repayable" with the following: "Title IV of the background of the telecommunication development", with the following items: "article 28-create the Telecommunications Development Fund, under the Ministry of transport and telecommunications, hereinafter"the Fund", for a period of four years from the entry into force of this law" , in order to promote the increase of coverage of the public telephone service in rural and urban areas of low income with low telephone density.
The Fund shall be constituted by the contributions that are specifically set out annually in the law of budgets of the nation and other contributions.
Article 28 B-the Fund will be administered by the Council of development of telecommunications, hereinafter "the Council", composed by the Minister of transport and telecommunications, who will chair it, and the Ministers of economy, development and reconstruction, of finance and 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 are 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. There tie in voting to take agreement, resolve who chair the respective session.
The regulations shall determine the rules of the inner workings of the Council, forms of appointment of the directors who shall be appointed by the President of the Republic, as well as the requirements that such directors shall meet.
Article 28 C-the Undersecretariat of telecommunications will receive, up to September of each year, suggestions and proposals for specific projects, carried out by dealers of telecommunications services, municipalities, neighborhood or third parties, to develop the program of projects subsidiables to run during the following year. Once completed this procedure, the secretariat will put this annual program available to the Council, within two months, accompanied by technical and economic evaluations of the projects and their respective social priorities.
The Council, within ten days of received the mentioned program, must request a report from the Ministry of planning and cooperation, which must be evacuated within thirty days, from the requirement. However, if the report is not received within the period indicated, the Council may proceed without it.
Article 28 D.-the annual program of subsidiables projects, mentioned in the previous article, consider the following types of projects: a) within compulsory attendance of public service areas, it will include public telephones or call centers, which can be complemented with other benefits, and b) outside of these areas, it will include the same types of projects referred to in to) which may include, in addition, not affected to grant subscribers lines.
Article 28 E-the Council shall have the following functions: 1) establish the annual programme of subsidiables projects and priorities.
(2) assign, by public tender, projects and subsidies for its execution.
(3) preparing and disseminating the annual report of activities.
Article 28 f.-the bases of the tender shall specify: the minimum service area of the project; the quality of the service; the maximum rates that may be applied to users within the minimum area, 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 other relevant requirements.
You can present to contest any company contituida as a legal entity, or, to be subsidiary or associated, controlled or owning a dealership of an intermediate or public telecommunications service more than 20% of its capital, constituted as open joint stock company.
The mechanism of allocation of projects should be considered greater weighting to those applicants who have submitted them in accordance with article 28 C and in its rules of procedure.
Without limiting the foregoing, the projects will be assigned to applicants whose proposals, conforming fully to the contest rules, require the minimum subsidy only once.
Article 28 G-assigned a project, the Council shall forward the respective background to the Undersecretariat of telecommunications, which must deal with the grant of corresponding telephone public service within a period of sixty days, in accordance with an expedited procedure that contemplate the regulation.
In the cases provided for in the letter to) article 28 D, telephone public service award will restrict to the installation, operation and exploitation of public telephones and call centers.
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 provisions of this title shall be regulated by Supreme Decree, which must bear the signature of the Ministers of transport and telecommunications, economy, development and reconstruction and finance. "."
7.-amending article 30 E, in the following way: to) replace the first paragraph with the following: "For each tariff area shall be determined efficient rates, meaning such those that applied to the demands laid down for the period of useful life of the corresponding expansion project, generate a levy equal to the incremental cost of respective development.".
(B) add the following third subparagraph, new: "If, having defined the efficient company as referred to in article 30 to, for reasons of indivisibility of the expansion projects, these also permit meet, wholly or partly, provided for demands of unregulated services carried out the concessionary companies, only a fraction of the incremental development costs should be considered" , for the purposes of the calculation of the efficient rates. That fraction shall be determined in accordance with the proportion in which the project's assets are used by regulated and non-regulated services. "."
8 article 30 F-replace with the following: "30 f-the definitive rates may differ from the efficient rates only when they find economies of scale, as indicated in the following paragraphs.
In those cases in which is find economies of scale, the definitive rates will be increasing the efficient rates until applied to the demands foreseen for the period of useful life of the assets of the designed efficient company according to article 30 C, generate a levy equivalent to the total cost of the respective long-term, thus ensuring the self-financing. Above increases should be determined so minimize the inefficiencies introduced.
If, for reasons of indivisibility of the efficient enterprise seen in the previous section, this may provide, in addition, unregulated services that renders the respective concessionaire, shall apply the same criterion laid down in the third subparagraph of article 30 E. "."
9 Article 30 G, replace by the following: ' article 30 g.-final rates for long-distance telephone communications shall be established by means of tariff formulas. " The pricing formulas for domestic long distance communications will include the rates for access to local networks and the national long-distance telecommunications intermediate services rates. The pricing formulas for international long distance communications will include the rates for access to local networks, the rates for long distance, national and international, of intermediate services of telecommunications and the costs for participation of foreign correspondents of the respective conventions. "."
10 Add, then of article 36, the following article 36 bis: "article 36 bis.-failure to comply with the provisions of articles 24 bis, 25 and 26, and its regulations, will be sanctioned with fines not less than 100 or greater than 10,000 monthly tax units. In addition, in cases serious and urgent, the Secretary, having listened to the undertaking concerned, may suspend the provision of the service of that licensee that does not comply fully these rules, for the time necessary to restore the pre-existing situation at the time of the offence, and also available to this paid services under the name and on behalf of the aggrieved licensee or that you lease you this media to provide the corresponding service.
Without limiting the foregoing, dealer phone public service which, by any means and for any time that is, prevent, intervene, alter, hinder, delay or channeled into a dealership other than the one selected by the user shall be guilty of infringement that will be punished with a fine which may not be less than 1,000 UTM not more than 5,000 UTM. Also and by way of legal compensation, you must pay the affected dealer the sum of 100 UTM for each minute or fraction of minute that has lasted the infringement.
Also, each infraction of the provisions of the second paragraph of article 24 bis shall be regarded as a violation of free and healthy competition and will be sanctioned by a fine not less than 1,000 UTM or greater than 5,000 UTM, without prejudice to the compensation to which they are entitled the dealers of intermediate long distance services that are affected by the discriminatory act.
The obstruction, obstacle or delay in accepting and establish the interconnection, by any means that is, contituira a violation that shall be punished by a fine of not less than 1,000 UTM not more than 5,000 UTM, without prejudice to the compensation to which entitled the dealers affected by the infringement. Meanwhile dealing with such claims or actions not may suspend the interconnection, unless the administrative authority or corresponding court has expressly ordered it.
Dealers of intermediate services referred to in the Sub-paragraph ninth article 24 bis of the Act, that use the information provided in accordance with this precept for purposes other than commercial activities directly related to its own twist social as providers of such communications services companies, or to provide this information to third parties, shall be punished by a fine not less than 100 or more than 1,000 monthly tax units.
Also, the breach, by a grantee or beneficiary of grant, of the provisions contained in title IV of this law or the regulation of the same, the conditions set out in public tenders for the execution of projects pertaining to subsidy-related, will be sanctioned with fines expressed in monthly tax units, which will have the maximum value of up to three times the amount of the subsidy for the project awarded to the infringer.
The product of the fines referred to in this article shall be to the Telecommunication Development Fund, referred to in article 28.
The licensee of intermediate service providing long distance services that are subsidiary or Assembly of or whose capital owns 20% or more a dealer of public service of telecommunications which, through any means or any form that is not the distribution of dividends, to absorb costs or transfer utilities retail dealer of telecommunications connection which exists any of these situations , you will incur in causal expiry of the concession, without prejudice to the application of the maximum fine tripled, to the dealer benficiado with the offence. "."