"Sole article.-Introducense the following modifications in the law N ° 18,168, General of telecommunications: 1. replaced article 2 °, with the following:" article 2.-all the inhabitants of the Republic shall have free and equal access to telecommunications and anyone can apply for concessions and permits in the form and conditions established by law. ""
For the purposes of this Act each time appear the terms "Ministry", "Minister", "Secretary" and "Secretary" shall be deemed to references to the "Ministry of transport and telecommunications", to the "Minister of transport and telecommunications", the "Undersecretariat of telecommunications" and the "Deputy Minister of telecommunications", respectively".
2 Add, as the second paragraph of the letter a) of article 3, the following: "within these services, are a subcategory of minimum coverage broadcasting services. These are the constituted by a broadcast station whose radiated power does not exceed 1 watt maximum, within the 88-108 MHz band. That is, the transmitter power and which is radiated by the antenna may not exceed 1 watt and its coverage, as a result, may not exceed the territorial limits of the respective commune. Exceptionally and only regards border or remote locations and with a dispersed population, which will be qualified by the Secretary, the radiated power may be up to 20 watts. "."
3. replace article 8 °, by the following: "article 8 °.-for all purposes of this Act, the use and enjoyment of the radio spectrum frequencies shall be free and equal access by means of concessions, permits or licenses of telecommunications, especially temporary, granted by the State.
Concession granted by presidential decree for the installation, operation and exploitation of the following telecommunications services will be required: to) public; ((b) intermediate provided to telecommunication services through facilities and networks to the effect), and (c) broadcasting. Limited television services shall be governed by rules of article 9 of this law.
The concessions will be granted to legal persons. The awards period shall run from the date when the respective Decree is published in the official journal; It will be 30 years for intermediate and public telecommunication services, renewable for periods equal, at the request of an interested party. and 25 years for concessions of broadcasting for which the concessionaire will enjoy preferential right to renew, in accordance with the terms of this law.
The granting decree to be published in the official journal, at the expense of the concessionaire, within a period of 30 days, since the Secretariat notified the Decree was completely handled by the Comptroller General of the Republic. The non-publication of the Decree within the indicated term, will produce the extinction of the concession by the only Ministry of law.
To whom are you has expired a concession or permit may not be granted him concession or permission within 5 years following the date in which it was executed the respeciva resolution.
The concessionaires of public service of Telecom or third parties may give supplementary benefits through public networks. These benefits consist of additional services that are provided through the connection of equipment to such networks, which must comply with the technical rules establishing the Secretariat and shall not alter the essential networks technical features, use technologically-enabling, or modalities of the basic service provided with them. Compliance with the technical standard and the operation of the equipment, shall be the sole responsibility of the borrowers of these complementary services.
The provision or marketing of these additional services will not be conditioned to prior consent any contractual or concessionaires of public telecommunications services or a requirement or authorization of agencies or public services, except as provided in the preceding paragraph with regard to the equipment. Similarly, dealerships referred to in this subparagraph not be enforceable any act involving discrimination or alteration to a proper and healthy competition between all those who provide these additional benefits.
The installation and operation of the equipment for the supplementary benefits will not require of concession or permission. The Secretary within the period of 60 days of required to do so, with the respective technical background, shall take a decision on the compliance with the requirements established in the seventh paragraph of this article. If within this period has not been issued any statement, means that the complementary equipment comply with the technical rules and start will be the provision of services. "."
4. replace article 9 °, by the following: "article 9.-Services Limited of telecommunications, for installation, operation and exploitation, will require permit issued by exempt resolution of the Secretary, which will have a duration of ten years and shall be renewable at the request of an interested party, in the terms laid down in article 9 bis, unless the permissions of limited services of television that not to occupy radio spectrum" , whose duration is indefinite, all without prejudice to the provisions of article 15 bis of law No. 18.838, added by the law N ° 19.131. For bodies of firefighters and other public utility services in the respective locality, the Secretary shall grant priority and preference to the authorizations and renewals requested by them, in their respective cases.
The Undersecretary shall pronounce on the permit application within 60 days of the date of its filing and, if so it does not make it, means that permission has been granted. Resolution that rejects the permit shall be founded and the petitioner may claim it in the terms established in the seventh, tenth and following paragraphs of article 13A. The period referred to in the seventh subparagraph shall since the person concerned has been notified of the negative decision.
Excepted from the provisions in the preceding paragraph limited services constituted by experimentation stations and stations that operate in community, or local bands which will be authorized by licence issued by the Secretariat, which will have a duration of 5 years, renewable for periods equal at the request of an interested party.
License, at least, indicate the name of holder, home, the type of service, the model of the equipment, the power and its location, where applicable. "."
5 Add, then article 9, the following article 9 bis: "article 9 bis.-renewal of concession or permit applications must arise, at least 180 days before the end of the respective period.
In the event that the date of expiration of the original term still is in processing the respective renewal, grant or permit, if any, will remain in effect until such is resolved definitively renewal application. "."
6 replacements first and second subparagraphs of article 11, by the following: ' article 11.-telecommunications of exclusive institutional use of the armed forces, the Carabineros de Chile and Chile research service, for their own purposes, concession or permit is not required nor will be affected to expiration. "
Maritime telecommunications services, are fixed or mobile, referred to in the regulation international of radio communications of the International Telecommunication Union, will be installed, operated, authorized and controlled by the Navy of Chile. "."
7 article 13, replaced by the following: ' article 13.-free reception or broadcasting telecommunications services concessions, will be awarded by public tender. "
During the first month of each calendar quarter, the Ministry must call contest for all the concessions that it had requested and those whose expiration would have declared, during which mediate between one and another contest. The frequencies to the Undersecretary, will be excluded from competition by technically founded resolution, declare not be available. This resolution shall be published once in the Gazette the day 1st or 15th of the month immediately following and if any of these is unqualified for the next workday.
In addition, is you must call contest with not less than 180 days prior to the expiration of the term of a concession of broadcasting, which may be in any contest to call the Ministry, with such anticipation.
The award will be assigned to the applicant whose project, fully conforming to the contest rules, offer the best technical conditions that will ensure an optimal transmission or excellent service. At every renewal of a concession, the concessionaire that held it has preferential for assignment right, provided that even the best technical proposal that ensures an optimal transmission or excellent service, as the case may be. In the event that two or more competitors to offer similar conditions, the contest will be resolved through tender among these, if none of them have the quality of previous dealer. "."
8 Agreganse, then of article 13, the following articles 13A, 13B and 13 c, new:
'Article 13A-to participate in public tenders referred to in the preceding article, the applicants must submit to the Ministry a request to contedra, in addition to the background established in article 22, a technical project with the in-depth detail of the facilities and operation of the concession which is postulated, the type of issuance, service area , deadlines for the execution of the works and initiation of the service and other background required by the relevant statutory and regulatory provisions. The project is signed by an engineer or a technical specialist in telecommunications. The request must accompany a financial project, duly endorsed, exclusively for the installation, exploitation and operation of the concession which is postulated.
The Secretary, within 30 days of the expiry of the deadline for the receipt of applications shall issue a report on each application, whereas the formal and technical requirements of legal and regulatory compliance. If two or more applications, you must set to form separate and grounded, guaranteeing them the best technical conditions of transmission or provision of the service and are similar. In calls to competition by expiry of the period of validity of a concession of broadcasting for free reception, if one of the contestants is your current dealer, the report must be given especially such circumstance.
All technical report of the secretariat will have the value of expert evidence.
The report of the secretariat will be notified to those interested, who within the fatal period of ten days can only undermine the objections that are unjustified. The Secretariat must pronounce on observations that make the interested parties within a maximum period of ten days after received the last one.
The Minister, completed the preceding steps, it will assign the concession or be declared void the tender, or applications with similar conditions exist, call tender among these. The Minister, in the first two cases, or in the third, resolved the tender, dictate the respective resolution. This will be published in summary drawn up by the Secretariat, only once, in the official journal the day 1st or 15th of each month and, if some of these is working, the next business day. In addition, on the same date, will be published in a newspaper of the capital of the province or in the absence of this capital of the region in which facilities and technical equipment of the station will be located.
In the case of granting of the concession 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 contest the publication will only be in the official journal, will be in charge of the Secretariat and must be in same period.
This resolution will be claimable by anyone with interest, within a period of 10 days from the publication of your summary. The claim should be founded, be submitted in writing to the Minister, accompany all means of proof attesting the facts that they based it and fix domicile within the urban radius of the commune of Santiago.
If the claim is opposition to the allocation, the Minister will transfer it to the recipient, for within 10 days. Simultaneously, request of the Secretariat a report on the facts and fundamentals of a technical nature on which the claim is based. The Secretariat must evacuate the report within 30 days following receipt of the trade in which has been claimed.
The payment for the transfer, with or without the response of the legatee and received the report of the Secretariat, the Minister will resolve opposition within 16 days of the date of receipt of this report.
If the claim is for the refusal to grant award or have been declared void the tender, same procedure, with the exception that there is no transfer shall apply.
The resolution which resolved the claim may be appealed to the Court of appeals of Santiago, within the 10 days following the date of its notification. The appeal shall be founded and to its aggregation to the table, view and failure, will be governed by the rules applicable to the remedy of protection. The Minister should raise the cars to the Court in fifth day of interposed resource. The resolution of the Court of appeals will not be susceptible of appeal.
Period expires to appeal, without having lodged this appeal or rendered resolution that resolved the appeal, the Minister shall issue the decree or resolution that corresponds.
Article 13B.-as regards minimum coverage, the Undersecretary broadcasting services shall regulate the optimization of the use of the spectrum redioelectrico assigned to them, according to technical parameters, to avoid any kind of interference with other telecommunications services. To this effect, set the number of radio stations, minimum coverage which may be authorized in each commune, their frequency and the technical characteristics of radiant system that you can use in every part of the country, for which prompted this kind of concessions.
The grant and the modification of these services shall be governed by the same rules that regulate the concessions of telecommunications services of free reception or broadcasting, with the following caveats: to) the concession can only pursue cultural or community purposes, or both at the same time. Also prohibited to broadcast commercials or propaganda of any kind. Propaganda is not considered dissemination of religious faiths.
(b) the concessions will be three years, renewable for equal periods, in accordance with the General provisions.
c) are reduced to half all deadlines provided for in article 13A; and the publications referred to in the fifth subparagraph dedicho item, are limited to a publication in the official journal.
(d) the grant will be allocated to the applicant whose project ensures an optimal transmission, excellent service and the due fulfilment of the purposes for which the grant was requested.
(e) in the event that two or more contestants are under similar conditions, the concession will be resolved between these by public draw.
Article 13 c-Ministry, must also call public tender to grant concessions or permissions for telecommunications services in the event that there is a standard technique, published in the official journal, allowing only grant a limited number of concessions or permissions in their regard.
In the event that the request has been filed prior to the publication of the technical standard in the official journal, the petitioner, on equal terms, it has preferential right for the award of the concession or the granting of permission. If you have two or more petitioners in similar conditions, award will be resolved between these, by invitation to tender.
Proceed in the same way in those cases in which, under a concession or permit, request the Undersecretary deems that a technical standard for the service for which prompted the concession or permit must be issued.
The call for competition will be by notice published in the official journal on 1 ° and 15 of the month or the next day, in the event that any of these would be a holiday. Shall apply to the competition rules provided for in articles 13 and 13A, in which they are applicable. "."
9. replace article 14, by the following: "(Artículo 14.-Son elementos de la esencia de una concesión y, por consiguiente, inmodificables: a) in the free reception or broadcasting telecommunications services: the type of service, service area, the period of the grant, the deadline to start the construction of the works and for its completion, the deadline for the start of transmissions" (, the power and the frequency, and (b)) in the intermediate or public telecommunications services: the service type and the period of the concession.
In all presidential decree granting a concession must be constancy expresses the elements of the essence and in addition to the following: 1. in telecommunications services free reception or broadcasting, its owner, the location of the studies, the location of the transmitting plant, location and technical characteristics of the heating system and the estudio-planta link , and 2.-in the intermediate and public telecommunications services: its owner, service area, the technical characteristics of the installations that are specified in the fundamental technical plans corresponding to the type of service, the time to start the construction works and for its completion, the deadline for the start of the service, the location of the radio stations, excluding the mobile and portable power, frequency, and the technical characteristics of radiant systems.
The elements referred to in paragraphs 1 and 2 above, will be modifiable by presidential decree at the request of an interested party.
Free reception or broadcasting telecommunications services concessions, requests that say related to the modification of the location of the transmitting plant and location and technical characteristics of radiant system, shall be governed by the rules set out in articles 15 and 16 of this Act and will be only accepted insofar as they do not modify or alter the service area.
In the concessions of intermediate and public telecommunications services, requests stating relation to the areas of services, power, frequency and technical characteristics of radiant systems shall be governed by the rules laid down in articles 15 and 16 of this Act.
The Ministry, in serious and urgent cases and founded resolution, can temporarily access the changes requested, without prejudice to what can be met ultimately. Rejected the request, it should be void anything done under the provisional authorisation, without right to compensation or payment of any kind.
Other requests that mean changes to other elements of the concession, other than those listed above, shall be informed to the Secretary, prior to its execution. However, will require approval those for which as well otherwise the technical rules, in which case the authorization would be awarded for simple resolution. "."
10 replaced article 15, by the following: ' article 15.-applications of concession and of modification of public and of telecommunications services should be submitted directly to the Ministry, to which a technical project with the detail detailed facilities and operation of the concession, the type of service, service area, deadlines for the execution of the works and initiation of the service and other background required by the legal and regulatory provisions must be attached " relevant. The project will be signed by an engineer or technician specializing in telecommunications. The request must accompany a financial project, duly supported, exclusively concerning installation, exploitation and operation of the concession.
The Secretary, within 30 days of the date of receipt of the award or modification request, shall issue a report on this, considering the technical and formal requirements of legal and regulatory compliance.
In the event that the report has no qualms and deemed viable concession or modification, we will declare it as well and will have the simultaneous publication of a summary of the application in the Gazette and in a newspaper or newspaper of the capital of the province or the region in which the facilities will be located. This report shall be notified to the interested party so in within 10 days necessary to make suitable publications, under penalty of having you by desisted application, by the only Ministry of law and without any additional decision ncecesidad. The notification of the report must accompany the excerpt that must be published.
Which has an interest therein may oppose the granting of the concession or modification of the grant within the time-limit of 10 days from the publication of the extract. The opposition must be submitted in writing to the Minister, be founded, attach all means of proof attesting the facts that they based it and fix domicile within the urban radius of the commune of Santiago. The Minister will transfer it to the person concerned, for within 10 days. Simultaneously, request of the Secretariat a report on the facts and opinions of a technical nature that melts the claim. The Secretariat must evacuate the report within 60 days following receipt of the trade in which it is requested you.
The payment for the transfer, with or without the petitioner's response, and received the report of the Secretariat, the Minister will solve the opposition within the 30 days following the date of receipt of this report. This resolution may be appealed to the Court of appeals of Santiago within 10 days of the date of notification. The appeal shall be founded and to its aggregation to the table, view and failure, will be governed by the rules applicable to the remedy of protection. The resolution of the Court of appeals will not be susceptible of appeal.
The Court ruling that totally rejects an opposition, shall expressly order costs to the opponent and charged a fine of not less than 10 nor more than 1,000 UTM, which will go to exclusive tax benefit. The Court, graduate fine attended the plausibility of the opposition, the economic conditions of the opponent and the good or bad faith with which it has acted in the process. The Court, founded resolution, may not apply fine.
Period expires to appeal or rendered the decision that resolves the appeal, the Minister shall issue the Decree, granting the concession or modification of the same.
The applications relating to radiocommunication experimentation, the amateur radio stations and which operate in local bands or community will not be affected to the previous standards and will be processed administratively, in the way established in the regulation.
Without prejudice to the foregoing provisions, the Minister may grant temporary permits for temporary working, non-commercial nature and whether experimental or demonstration, to install telecommunications services at trade fairs or exhibitions. The permit may not exceed the duration of the fair or exhibition period. "."
11 article 16, replace by the following: ' article 16.-in the event that the report of the Secretariat, referred to in the second paragraph of the preceding article, contains objections or observations, the interested party will have 30 days to remedy them, counted from the date of notification of the said report. "
Corrected observations or objections, the Undersecretary will issue a new report in answer to this. Estimating that the comments or objections have been rectified, will apply the procedure laid down in the preceding article.
In the event that the Secretary deems not corrected the objections or observations, you dictate a founded resolution rejecting the granting or the modification of the concession. This resolution may be claimed before the Court of appeals of Santiago within the ten days following the date of its notification, shall be established and shall be dealt with in accordance with the rules of the application for protection.
Period referred to in subsection first, while the objections or observations were rectified expires, shall be the petitioner withdrawn his application, by the single operation of law and without the need for any decision. "."
12 Add, then of article 16, the following article 16 bis: "(Artículo 16 bis.-Para todos los efectos de esta ley: a) deadlines are fatal and days." Time limits required to be met by the administrative authority, deadlines will not be fatal, but failure to comply will lead to the consequent administrative responsibility.
However, the time limits provided for in title V of this law are calendar days.
(b) notices that the present law shall be made personally or by registered mail sent to the address that the person concerned has pointed out in his respective presentation. Shall be perfected after notification that are 5 days from the date of delivery of the letter to the post office.
However, the Minister may provide that certain resolutions must be notified by order made by a notary public or receiver judicial. Notification of charges, and notification of resolutions which receive the cause to test, use oppositions, reject requests or impose sanctions, be notified personally or by order.
The provisions contained in this letter shall not apply to the notification of decisions rendered by the Superior Court of Justice.
(c) the test shall be governed by the rules of article 90 of the code of Civil procedure, except that the probationary term, in any case, exceed 15 days.
(d) in all the procedures referred to in this law, the lawyer head of the Legal Department of the Secretary will serve as a Minister of faith or whoever subrogated it or carries out its tasks. The testimonial evidence, be coming, will surrender to him.
(e) in the case of opposition, the procedure shall be abandoned when all parties contained therein, ceased in their pursuit for 3 months, from the date of the last useful management to give progressive course.
Within this period, shall be rejected the request of concession or permit, as the case may be.
(f) all procedural formalities to be performed before the courts of Justice shall be governed by the rules of the code of Civil procedure, the organic code of courts and the respective agreed cars. "."
13 article 17, replaced by the following: "article 17.-the Ministry, within the five days following the date of expiration to arise to contest or from the date of filing of the request for grant or permit, in their cases, request report from the Telecommunications Committee of the forces armed, which will be issued through the Ministry of national defense" permits concerned about concessions.
The Ministry of national defense should evacuate the report within 20 days of the date of receipt of the trade by which required such a report.
If the report is not received within the period indicated, will proceed without him. "." 14. Article 21, be replaced by the following: ' article 21-may only be concession holders or make use of it, in any capacity, legal persons of public or private law, formed in Chile and is domiciled in the country. " Their Chairmen, directors, managers, administrators and legal representatives shall not be processed or having been convicted of a crime that deserves punishment disturbing.
The order of procedure shall suspend affected, immediately and for all the time that remains, the exercise of any function or activity relating to the granting.
In the event of a transfer, assignment, lease or granting of the right to use, in any capacity, concessions and permits will require the prior authorization of the Secretariat, which may not refuse it without just cause. The purchaser is subject to the same obligations as the licensee or permit holder, if necessary.
All dealer or permisionaria, be it dog or not for profit, than copper for the provision of its services or perform advertising or propaganda of any kind, it must bear the full accounting of the exploitation of the concession or permission and will affects the law of tax income, as if is a joint-stock company tretare. "."
15 article 22, replaced by the following: ' article 22.-the Presidents, managers, administrators and legal representatives of a dealership of broadcasting for free reception, in addition to the requirements laid down in the preceding article, shall be Chilean. " For directories, can integrate it foreigners, provided that they do not constitute a majority.
The concessionaire shall inform the Secretariat, within 10 days following the date of its occurrence, any change in the Presidency, directory, management, administration and legal representation; In addition, being corporations or limited partnerships for actions, reported the subdivision and transfer of shares, and in the case of societies of people, admission or retirement of partners or change in the social interest. This information may only be used to verify compliance with established in subsection first of this article. "."
16 Article 23, replaced by the following: ' article 23-concessions and telecommunications permits are extinguished by: 1.-the deadline. "
2. waiver. The waiver does not preclude the application of the sanctions that may be coming because of violations that have been committed during the term of the concession or permission.
3. death of the permit holder or dissolution or extinction of the legal entity holder of a permit granting, depending on the case.
4. the failure to publish in the official journal of the Supreme Decree which grants or modifies the award within 30 days of the date of the notification to the person concerned of the Decree. This notification shall be attached full copy of the aforementioned Decree, fully processed by the General Comptroller of the Republic.
Extinction be certified by Supreme Decree or exempt resolution depending on whether concession or permission. In the case of Supreme Decree this shall be published in the official journal. "."
17 Consultanse, then of the title VII "Of offences and sanctions", as articles 36 and 36A, the following new articles: "article 36.-violations of the norms of this law, its regulations, fundamental technical plans and technical standards, will be sanctioned by the Minister in accordance with the provisions of this law." Sanctions will only materialize enforceable once the resolution which imposes them. In the absence of express sanction and according to the seriousness of the infringement, shall apply to any of the following sanctions: 1. reprimand.
2. fines not less than 5 nor more than 100 tax units per month, for free reception broadcast concessions. In other cases, the fine will fluctuate between 5 and 1000 monthly tax units. In case of recidivism in the same type of offence, are may triple the maximum fine.
Fines must be paid within the 5th working day following the date that it is enforceable the condemnatory resolution.
In the case of an award of a telecommunications service of free reception or broadcasting, the Minister, in the case of delay in payment and by way of enforcement, you can decree the suspension of broadcasts on the basis of one day of suspension for every 20 tax drives fine, with a maximum of 20 days of suspension. The suspension does not exempt from the payment of the fine. For other services, fines not aware within time will bear a penal interest of 12% per annum.
3. suspension of broadcasts up to 20 days, in the case of reiteration of any serious offense, in the case of free reception or broadcasting telecommunications services concessions, limited telecommunications services and limited television service.
4. expiration of the concession or permission. This will only proceed in the following cases: a) breach of the technical framework applicable to the service, provided that the observations which the Secretariat has made previously and in writing, are not remedied within the deadline that has been set to the effect and which shall run from the date of notification of such observations to the plaintiff;
(b) repeated punishment of suspension of broadcasts;
(c) failure to pay the fine, that have been applied after than 30 days from the date on which the respective resolution is enforceable;
(d) alteration of any of the essential elements of the concession, provided for in article 14;
(e) suspension of the transmissions of a telecommunications service of free reception or broadcasting, or limited services of television, for more than 3 days, without prior permission of the Secretariat and provided that this does not come from force majeure;
(((f) use a minimum coverage broadcasting concession on purposes other than those laid down in subparagraph a) of article 13 B, and g) delay, for more than 6 months, in the payment of the fees earned by the use of the radio spectrum, notwithstanding the Executive payment thereof.
In the case of the letters c), d), f) and g) forfeiture shall be necessarily applied.
The Declaration of expiration will be done by presidential decree or by exempt resolution, depending on whether a concession or a licence of telecommunications.
Article 36A-before applying any sanctions, must previously notify the offender of the or of the charges that are formulated against. The affected within the 10 days following the date of the notification, shall formulate their disclaimers, and deems necessary, to request a term of proof for the purposes of prove the facts that underpin his defense. Disclaimers should be made in writing to the Minister, they point to evidence that the facts that underlie them, attach the supporting documents that are in the possession of the accused, and secure home within the urban radius of the commune of Santiago will be credited.
The expired for the transfer, with or without the response of the affected or if existing disclaimers, no made substantial, relevant and controversial, the Minister shall decide outright. If there be disclaimers and have made substantial, relevant and controversial, the Minister will receive the cause or proof, which will surrender pursuant to point (c)) of article 16 bis. Expiry of the probationary term, submitted proof or not, the Minister will resolve without further formalities.
The resolution imposing sanctions will be appealed to the Court of appeals of Santiago, unless it has ordered the revocation of a concession, in which case the appeal will be for suede Supreme Court.
The appeal must be within 10 days following the date of notification of the decision, to be founded and, its aggregation to the table, view and failure, be knowledge of the i. Court of appeals, shall be governed by the rules applicable to the remedy of protection. If knowledge of the Supreme Court, will be governed by the rules of the remedy of amparo. "."
((18 Agreganse, then of the letter b) of article 36, which became a 36B, the letters c) and (d)), new: "c) who intercepts or capture maliciously or serious without proper authorization, any kind of signal that is issued through a public telecommunications service, will be punished with the of lesser degree presidio middle and a fine of 50 to 5,000 UTM."
(d) the dissemination of public or private any communication obtained by breach of the provisions of the preceding letter, shall be punished with the penalty of imprisonment less in its maximum degree and a fine of 100 to 5,000 UTM. "."
19 repealed subsection first of article 38.