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AMEND ACT NO 18.838 ON NATIONAL TELEVISION ADVICE

Original Language Title: MODIFICA LEY N° 18.838, SOBRE CONSEJO NACIONAL DE TELEVISION

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Amend Article 1 ° as follows: (a) Substitute in the first subparagraph the words "Transport and Telecommunications", by "General Secretariat of Government"; (b) Add in the first subparagraph, following the words "National Television Council", between commas, the phrase " in The Council ", and (c) Replaces the final paragraph, by the following:" It will be understood by the proper functioning of these services the permanent respect, through its programming, to the moral and cultural values of the Nation; to the the dignity of the people; the protection of the family; pluralism; democracy; peace; (i) the Council will be composed of 11 members, appointed by the Council, and the Council will be composed of 11 members, appointed by the Council, and the Council will be composed of 11 members. As follows: (a) A member of the Board of Directors of the President of the Republic, whose suitability is guaranteed by pluralism in the functioning of the Council, which shall be the President of the Council. b) Ten members appointed by the President of the Republic, with the agreement of the Senate. The President will make the proposal in a single act, taking care that the Council is integrated in a pluralist way. The Senate shall decide on all proposals, in a secret session specially convened for this purpose, and its approval shall require the favorable vote of the majority of the senators in office. If they do not meet them, they will be rejected. Before the vote is taken, one or more of the proposals may be contested on the ground, provided that the basis relates to the personal qualities of the contested or contested and is not exclusively political. The or the challenges will be previously voted on and, if any, the vote will be suspended on the proposal as a whole until it is complete, without individual challenges of a personal nature. The President of the Republic will have the right, for one time, to withdraw the entire proposal and to make a new one or proceed only to replace the contested designations. This right must be exercised within 8 working days of the date on which the Senate has been notified of it. The new proposal will be made in the form set out in the preceding paragraph, with the exception that persons who had previously been on the payroll and who had not been the subject of a challenge may not be challenged in their opportunity. The President of the Republic may only make the proposal to replace the contested or the contested one within the time limit. Individual challenges of a personal nature shall be approved or rejected by the absolute majority of the incumbent Senators. In any new proposal the President will have to maintain the pluralism of integration. If the proposal is complete, and if there are no individual challenges of a personal nature, it will be voted on as a whole. In the event of rejection as a whole, the President, strictly maintaining the pluralism of integration, shall submit to the Senate a new proposal within 30 working days of the date on which the rejection has been communicated. respective. This new proposal will be subject to the rules set out above. The Counsellor referred to in point (a) shall remain in office for up to 30 days after the end of the duties of the President of the Republic who appointed him. The ten members referred to in point (b) shall last 8 years in their posts, may be appointed for new periods, and shall be renewed by halves, every 4 years. The Counselors must be persons of relevant personal and professional merits, such as: having been graced as a National Award in any of their mentions; being a member of some of the Academies of the Institute of Chile; having been Member of Parliament or Minister of the Court; be or have been a University Professor; be or have been the Director or Rector of a Media or Higher Education establishment of recognized national prestige; have been a General Officer of any of the Institutions of the Armed Forces or the Carabineros of Chile. The appointment will be made by supreme decree issued through the Ministry of Government General Secretariat. The vacancies to be filled shall be filled in accordance with the procedure referred to in (a) and (b). The proposal must be made within 30 days of the vacancy being produced. The replacement shall last in office for the time remaining to complete the period of the Superseded Adviser. " 3. Replace Article 3, by the following: " Article 3.-The Council shall have a Secretary-General who shall be elected or removed, where appropriate, with the assent of seven members of the Council. This official shall be minister of faith with regard to the Council's actions and shall have the other powers and powers assigned to him by the Council. 4. Reposition Article 4 °, by the following: " Article 4 °.-The Council shall have a Vice-President who shall be elected or removed, where appropriate, with the assent of seven working members. The Vice-President shall subrogate the President in the event of his absence or impediment. " 5. Repeal Article 5 °. 6. Replace Articles 6 and 7 ° by the following: " Article 5 °.-The Council shall meet the majority of its members in exercise and shall adopt its agreements by the majority of its members present. However, a special quorum shall be required for the adoption of agreements on the following matters: 1. The assent of seven of its members to the exercise of the appointment and removal of the Secretary-General of the Council; to remove the Vice-President; declare the expiry of a concession or decree a suspension of transmissions; seek to obtain from the Supreme Court the declaration of existence of any of the grounds (c), (d) and (e) referred to in Article 10 of the law. 2.-Voting according to the absolute majority of the members in exercise to: acquire, tax and dispose of real estate; modify or grant a concession; sanction a concessionaire with any sanction other than the suspension of transmissions or expiry of the concession; and to receive a recusal in the case of Article 9 °. The Council shall be in ordinary or extraordinary form. It is ordinary sessions that the Council itself determines for certain days and hours, in which all the matters that the President includes in the respective table will be discussed, that must be communicated to the members with no less than 24 hours notice to the date of the session. The Council may not establish more than two ordinary sessions per month. It is extraordinary sessions in which the Council is convened in particular by the President of the Council in order to know exclusively about the subjects that motivate the call. This may be at the initiative of the President or at the request of four members, at least. the summons to extraordinary session must be made at an advance of not less than 48 hours and must expressly contain the matters to be dealt with in it. "7.-Reposition Article 8 °, by the following:" Article 8 °.-They are non-working for 1.-The persons who by themselves, their spouses, their legitimate relatives up to the third degree of consanguinity and second degree of affinity, or by persons who are linked to them by means of adoption, or through persons natural or legal persons, in which they have control of their administration, acquire-to any degree- interest in concessions for the free reception of television services or limited television services or in advertising companies for the production of audiovisual programmes or for the provision of television services directly linked to the operation of a free reception television broadcasting service. 2.-The persons who hold the office of President, Vice President, Secretary General and Treasurer in the central directives of the political parties or in national directives of trade unions or unions. 3.-Persons who are in one of the cases referred to in Article 80 of Law No 18,834, Administrative Staff Regulations, with the exception of the performance in teaching posts of up to half a day. " 8.-Replace Article 9 °, by the " Article 9 °.-Only members may be disabled to intervene in a given business because of their personal interest or because of their intimate friendship or enmity with the person or those to whom the matter is concerned. The recusal must be deducted before the Council until the very moment in which it is to resolve the matter in respect of which the inability is alleged. The recusal must be accompanied by the evidence justifying the causal claim and, in the case of a testimonial proof, it shall be attached by means of sworn statements to the Public Notary. The Secretary-General of the Council shall, by deducting the objection, notify the Minister concerned of the objection, which shall inform the Council in writing within 48 hours. The President-in-Office of the Council, or who does his or her own time, with or without the report of the Counsellor concerned, shall immediately quote an extraordinary session. of the Council to resolve the challenge. The Council's decision will not be subject to any appeal. As long as the challenge is not resolved, the Council will refrain from resolving the matter in which it is concerned. The Counsellor to whom a reason for recusal is concerned shall immediately inform the Council and refrain from taking part in the discussion and vote of the matter. Infringement of this obligation shall be deemed to be a serious misconduct. In the event where the claim is brought to the attention of the individual concerned, after the decision of the case, it must be valid within five working days of the date on which the person concerned had knowledge of it. It will be understood that she became aware of it from the moment the respective resolution was given to public knowledge. The Council shall only admit it to the proceedings in the event in which the vote of the Recovered Counsel has been determined to achieve the quorum required by law, as the matter in question. If the challenge is to be recovered, the Council, in particular in session, will have to decide again on the subject matter in which the recusal is concerned, while compliance with the previous decision is suspended. Notice of refusal shall be made by letter delivered at the address of the person concerned to the Council, by the Secretary or Minister of Public Faith. " 9. Replace Article 10, by the following: " Article 10.-They are grounds for cessation in the position of Counsellor, the following: (a) Expiration of the period for which he was appointed, however, this shall be understood to be extended until the appointment of his replacement. b) Renunciation, accepted by the President of the Republic. c) psychic or physical disability for the performance of the charge. d) Overvenience of some causal of inability. (e) A serious failure to comply with the obligations as a Counsellor. There shall be serious misconduct, inter alia, for unjustified inassistance to three consecutive sessions or to six Council meetings, ordinary or extraordinary, during the same calendar year. The existence of the grounds laid down in (c), (d) and (e) precedents shall be declared by the Supreme Court, at the request of the Council; or of any person, in the case of the cause of point (d). The requirement must be made in writing, accompanied by any evidence showing the existence of the cause. It will be transferred to the affected by the fatal term of 10 working days to expose what it deems appropriate in its defense. Due to this deadline, with or without the response of the affected person, cars will be decreed in relation and the cause, for their aggregation to the table, view and failure, will be governed by the rules applicable to the resource of protection. In the case of the causal point (c), the Court may, as a measure to better resolve, decree an expert report. " 10. Replace in Article 11 the final sentence: 'This allowance shall be compatible with any other remuneration of a public nature', as follows: ' This allowance shall be compatible with the remuneration received under the derogation provided for in Article 11. in Article 8 (3) of this Law. " 11. The following amendments shall be made to Article 12: 1.-Replace point (a) by the following: " (a) Velar because the television broadcasting services of free reception and limited television services are strictly in accordance with the (b) to promote, finance or subsidize the production, transmission or dissemination of programmes of a high cultural level or of national interest, as set out in Article 1 of this Law. " 2. or regional, thus qualified by the National Television Council. Annually, the Public Sector Budget Law will provide for the necessary resources, as set out in Article 32 (a) of this Law. These resources must be allocated by the Council, following a public tender in which the concessionaire of free reception and independent producers of television broadcasting services may participate. In the case of allocations to independent producers, before the supply of the resources, the producer shall, within 60 days of the decision of the competition, prove that the transmission of the respective programme is guaranteed by a free-reception television broadcasting service concessionaire. If this time limit is expired, the allocation shall benefit the programme which has obtained the second place in the respective public tender. For these purposes, the Council shall, when deciding on the contest, set the order of preference. "3.-Substitute (e), by the following:" (e) Grant, renew or modify concessions for free television broadcasting services (g) to declare the end of these concessions, in accordance with the provisions of this law. "4.-To replace point (g), by the following:" g) Manage your assets. " 5.-Add-in, following the third subparagraph of point (j), following new letters, which become k) and l), respectively: " k) Report to the President of the Republic, the Senate and the Chamber of Deputies on the matters of their competence, when it is requested to do so. l) Establish that the concessionaires must transmit an hour of cultural programs a week, understanding them for those dedicated to the arts or the sciences. These transmissions must be made at a high level of hearing, with each concessionaire determined to determine the day and time within that time. " 6.-Next to the letter l), new, which is added in the previous number, consult the the following new points: " The Council shall lay down general rules to effectively prevent the transmission of programmes containing excessive violence, truculence, pornography or the participation of children or adolescents in acts which are at odds with the moral or good manners. The fact that the offence is committed in hours of transmission to which the child's population normally has access shall be considered to be an aggravating circumstance. The rules to be adopted by the Council and its amendments shall be published in the Official Journal and shall apply from the date of their publication. " 12. Replace Article 13, as follows: " Article 13.-The Council may not intervene in the programming of television broadcasting services of free reception or of limited television services. However, it may: (a) adopt measures to prevent the dissemination of films which do not correspond to the Council of Motion Picture and Programme Qualification or of programmes or advertising which are contrary to morality, good customs or public order; the time from which the film material qualified for over 18 years of age may be transmitted by the Film Rating Council, and (c) fix, in general terms, a percentage of up to 40% of Chilean production of the programmes to broadcast the channels of television broadcasting services of free reception. Within this percentage it may include the display of national films. The television broadcasting service channels of free reception and limited television services shall be exclusively and directly responsible for all and any programme, national or foreign, which they transmit, even in the case of transmissions or retransmissions via satellite. The transmission or display of films rejected by the Film Rating Council is prohibited. " 13. Add the following Article 13a. " Article 13a.-The Council may receive special contributions from the State to finance or subsidize the production, transmission and dissemination of television programmes in those border areas, extreme or remote from the national territory in which, (a) distance or low population, there is no commercial interest to encourage the free reception of television broadcasters to provide these services. Any subsidy or financing must always be publicly tendered, establishing the technical requirements that must be met in order to guarantee a good service. For the purposes of this Article, the Public Sector Budget Law shall consider these circumstances when setting the annual budget of the said Council. " 14. The following Article 14 is inserted, new, passing the current Article 14a: " Article 14.-The Council shall adopt measures and procedures in order to ensure that in the opinion and political debate programmes which are issued by any channel of television, the principle of pluralism is duly respected. " 15. Replace Article 15, by the following: " Article 15.-Free-receiving television broadcasting service concessions shall be granted only to legal persons whose term of validity may not be less than that of the concession. The concessions will last 25 years. The Council, with 180 days in advance of the expiration of the term of validity of any concession, or within 30 days of the date on which the resolution declaring an expired grant is executed, or within 30 days of the following to the date on which it is required by any individual interested in obtaining a concession not granted, shall call for public tender. The bases of the invitation to tender must be published in the Official Journal for three times, measuring not less than three or more than five working days between each publication; they shall clearly and accurately indicate the nature and extent of the concession which is It may only require strictly objective requirements. The concession shall be assigned to the applicant whose project, in accordance with the basic principles s of the respective contest, offer the best technical conditions to guarantee an optimal transmission. It shall be understood, without the need for express mention, that any application entails the unrestricted obligation to maintain and maintain permanently the "proper functioning" of the service, in accordance with the terms laid down in the final paragraph of Article 1 this law. In any renewal of a concession, the concession holder will have the right to award the concession, provided that it equals the best technical proposal that guarantees optimum transmission. No new concession may be awarded to the concessionaire which has been sanctioned in accordance with Article 33, No 4, of this law, nor shall it be awarded to the legal person who is the holder of a VHF concession or who controls or manages another 'VHF' television broadcasting service concessionaire in the same service area of the country. ' 16. Add the following Article 15a: " Article 15a.-The permits for limited television services shall be governed by law N ° 18,168, General Telecommunications, shall be granted in accordance with Article 9 ° of that law and shall have the character of indefined, in the case of non-radio spectrum. However, the provisions of this law shall apply to them in all cases relating to strict compliance with the rules laid down in the final paragraph of Article 1, relating to the "proper functioning" and Articles 18 and 19. " 17. Replace Article 16, by the following: " Article 16.-In case of transfer, transfer, lease or grant of the right of use, to any title, of the right of free television broadcast, the authorization shall be required The Council shall, after the Council, refuse it only if the conditions laid down in Article 18 are not met. However, no concession holder may enter into an act or contract involving, legally or in fact, the power of a third party to administer in all or part the television spaces held by the concessionaire or to make use of its right of transmission with own programmes and advertising. This prohibition does not preclude specific transitional arrangements intended to permit the transmission of certain events as a whole, provided that each concessionaire maintains its individuality and responsibility for the transmission which is performs. 18. Rule 17. 19. Replace Article 18, by the following: " Article 18.-They may only be holders of a concession of a television broadcasting service of free reception or make use of it, any title, legal persons governed by public or private law, incorporated in Chile and with its registered office in the country. Its presidents, directors, managers, administrators and legal representatives must be Chilean and not be prosecuted or have been convicted of a crime that deserves a penalty. The processing order shall suspend the person concerned immediately and for all the time remaining in any function or activity relating to the concession. The rules laid down in Article 46 of Law No 18,046 on Limited Companies shall apply to the concessionaires. The infringement of these provisions will be sanctioned by the Council, in accordance with the report of the Superintendence of Securities and Insurance, in accordance with the provisions of Article 33 of this Law. " 20. Replace Article 19, as follows: " Article 19.-The concessionaires shall report to the Council within five working days of the date of their occurrence, any change in the Chair, Board, Management, Administration and legal representation. In addition, in the case of limited liability companies and shares, the subscription and transfer of shares must be reported and, in the case of companies, the income or retirement of members or the change in the social participation. This information may only be used to verify compliance with the provisions of Article 18 of this Law. " 21. Repeal Article 20. 22. Replace Article 21, by the following: " Article 21.-Free-receiving television broadcasting service concessions terminate by: 1.-Term expiration. 2.-Expiry of the concession, declared by the Council to be implemented. 3.-Renunciation to the concession. The waiver does not prevent the application of the penalties which were imposed on the grounds of offences committed during its lifetime. " 23. Replace Article 22, by the following: " Article 22.-To participate in the public competitions referred to in Article 15, applicants shall submit to the National Television Council a request containing, in addition to a background set out in the first paragraph of Article 18, a technical project with the detailed details of the facilities and operation of the concession to which it is running; the type of issue, the service area and other background required by the the relevant laws and regulations. The project will be signed, at least, by an engineer. The application shall also contain a duly proven financial project, which is intended entirely for the installation, operation and operation of the concession to which it is postulated. "24.-Replace Article 23, by the following:" Article 23.- The Council shall forward to the Telecommunications Subsecretariat a copy of the application or applications submitted and of the technical project accompanied in each case, in order for the agency to issue a report in respect of each request, considering compliance with the formal and technical requirements of a legal and regulatory nature. In the case of two or more applications, it must establish, separately and on a basis, which of them guarantees the best technical conditions of transmission. The or reports will have the value of expert test. The Telecommunications Subsecretariat shall report within 30 days from the date of receipt of the office for which it is requested to report. The objections raised by the Council to it or to the requests submitted, on the basis of the report of the Telecommunications Subsecretariat, shall be notified to the interested party or to the interested parties, as the case may be. The person or persons concerned shall have the period of 15 working days counted from their respective notification, in order to remedy the repair or repair that their respective application has earned. Failure to comply with this obligation within the prescribed period shall cause the respective application to be held for all legal affections, by the sole ministry of law. " 25. Articles 24, 25 and 26 shall be repealed. 26. Replace Article 27, by the following: " Article 27.-The Council, having completed the formalities laid down in Articles 22 and 23, shall award the concession or declare the public invitation to tender to be deserted. The respective decision shall be published in an extract drawn up by the Secretary-General of the Council, for a single time, in the Official Journal of the European Communities on 1 ° 15 of the month or the following day if he is not working, and, in addition, on the same date, a newspaper in the capital of the region in which the facilities and technical equipment of the station will be established. You can claim from this resolution who has an interest in this, within 30 days from the publication of your extract. The complaint must be founded; it must be submitted in writing to the Council, state the means of proof with which the facts on which it is based must be established; attach to it the evidence which is held by the claimant; and residence within the urban radius of the commune of Santiago. If the complaint is an objection to the assignment, the President of the Council shall transfer the claim to the assignee, within 10 working days. At the same time, it will ask the Telecommunications Secretariat for a report on the facts and opinions of a technical nature in which the complaint is based. The Secretariat shall withdraw the report within 30 days of receipt of the trade in which it has been requested, which shall have the value of an expert test. The deadline for the transfer, with or without the reply of the subject, the President of the Council, of having made substantial, relevant and controversial, will receive the claim to the test, which will be governed by the rules established in the Article 90 of the Code of Civil Procedure. After the test, if the parties have not surrendered, and the report of the Telecommunications Subsecretariat has been received, the President of the Council shall cite a special session for a decision on the complaint. The same procedure shall apply if the complaint has not been received. The Council shall, within 15 working days of the expiry of the probative term or from the date of receipt of the report of the Deputy Secretary for Telecommunications, resolve the matter. If the claim is for the refusal of the concession or the public tender has been declared deserted, the same procedure shall apply, with the exception that there shall be no transfer. The resolution that resolves the complaint may be appealed to the Court of Appeals of Santiago, within five working days of the date of its notification. The appeal must be founded and for its aggregation to the table, view and failure, it will be governed by the rules applicable to the resource of protection. The decision of the Court of Appeal will not be subject to any appeal. The notifications of the resolutions delivered by the President of the Council shall be made by a registered letter sent to the address in Santiago which the parties have set out in their respective presentations, and the resolution that resolves the complaint. notify by means of a judicial or public notary receiver. Tra In the case of a registered letter, the latter shall be understood to be perfect, after three working days from the date of receipt of the letter by the Post Office. If the time limit for claiming or implementing the decision of the Council is expired, the final decision shall be taken, and from the date on which it is fully processed, the person concerned shall be notified, the time limits for the application of the the start of the services. 27. Articles 28 and 29 shall take precedence. 28. Replace Article 30, by the following: " Article 30.-Any request for modification to a free reception of television broadcasting shall be addressed to the National Television Council, which shall transmit a copy thereof, with its a background, to the Deputy Secretary for Telecommunications, when she is of a technical nature. It shall examine and inform the National Television Council within 30 days if it complies with the requirements laid down in the Regulation. If the Deputy Secretary of Telecommunications or the National Television Council shall make a reply to that request, the latter shall inform the person concerned so as to enable them to subsane them within 15 working days. If it does not do so, the application shall be for not filed for all legal purposes, by the sole ministry of law. If there are no objections, or if they are remedied, the National Television Council shall decide on the requested amendment. The rules in Article 27 shall apply to the decision of the Council rejecting the application or affecting the interests of third parties. " 29. Replace Article 33, by the following: " Article 33.-Violations of the rules of this law and to which the Council dictates in use of the powers granted to it shall be sanctioned, according to the seriousness of the infringement, with: 1. Warning. 2.-Multa not less than 20 and not more than 200 monthly tax units. In the event of repeated infringement, the maximum of the fine may be doubled. 3.-Suspension of the transmissions, for up to 7 days, in the case of a serious and repeated infringement. 4.-Expiration of the concession. It shall only proceed in the following cases: (a) failure to initiate the service within the time limit specified in the decision granting the concession, except fortuitous or force majeure; (b) failure to comply with the requirements laid down in the first and (c) the declaration of bankruptcy of the concessionaire, by enforceable judicial decision; (d) suspension of transmissions, imposed as a penalty for the execution of the Council, for three times within one month or for five years times within the calendar year, for any of the following violations: (1) interruption, unjustified or not previously authorized by the Council, of transmissions for more than five days; (2) failure to comply with the technical rules governing the granting of such a grant; and (3) infringement of the provisions of the paragraph final of Article 1 of this law. The concessionaires of limited television services may only be sanctioned by virtue of infringement of the provisions of the final paragraph of Article 1 of this Law. " 30. Article 34 is replaced by the following: " Article 34.-The Council shall, before applying any penalty, notify the concessionaire of the charges or charges against them. The latter shall have a period of five working days in order to make its discharge and to request a test term for the purposes of crediting the facts in which it serves its defence. If this period is expired, without any or all of these, without a final probative or expired term having been decreed, a probative term has been decreed, or if the term has expired, whether proof has been given or not, the Council shall decide without further delay. formalities. Proof and notifications shall be governed by the rules laid down in Article 27 of this Law. The resolution imposing an admonition, fine or suspension of transmissions will be appealed to the Court of Appeals of Santiago, and the resolution declaring the expiration of a concession will be appealed to the Supreme Court. The appeal shall be filed within five working days following the date of notification of the decision, be founded, and for aggregation to the table, view and failure shall be governed by the rules applicable to the protection resource. 31. Articles 35, 36, 37, 38 and 39 shall be deleted. 32. Replace Article 40, as follows: " Article 40.-Sanctions shall only be fulfilled once the decision imposing them is implemented. The fines shall be paid within the fifth working day following the date on which the judgment is enforceable. Failure to comply with this rule entitles the Council to order, by way of award, the suspension of transmissions on a one-day basis of suspension for each 20 monthly fine-tax units, but may not exceed, in any case, 20 days followed. The suspension does not exempt the payment of the fine. " 33. Add the following new article: " Article 40a.-Any individual may report to the Council the infringement of the provisions of the final paragraph of Article 1 and the second and third subparagraphs of Article 12. The complaint shall be made in writing and shall state precisely the opportunity in which the infringement was committed and the facts underlying it. The President shall inform the Council of the presentation of these complaints, which shall be of merit and, if appropriate, shall apply the procedure laid down in Article 34 of this Law. Otherwise, he will declare it inadmissible and order his file. " 34. Article 47, as follows: "Article 47.-The following amendments to Law No 18.168: 1.-Eliminate, in the final paragraph of Article 4 °, the phrase" and limited television services ". 2.-Substitute Article 9 (1), first and second, of the following: " Article 9 °.-Limited telecommunications services and limited television services shall require, in order to be installed, operated and operated, of permits granted by Resolution of the Telecommunications Secretariat. In the case of limited telecommunications services, the permits will last ten years and may be renewed for periods of equal duration. The renewal application shall be submitted within two years before the expiry of the term of validity. The permits for limited television services shall be of an indefinite nature, in case they do not occupy frequencies of radio spectrum, and shall last 25 years in other cases. All those who are not free of reception, such as cable, coded, optical fibre, etc., are considered to be limited television services. "3.-Replace the initial sentence of Article 16 (3)" With regard to applications The European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European limited television "." 35. Articles 49, 50, 51 and 52 are repealed. 36. Add as Article 49, new, following the 48, the following: "Article 49.-Repeal Articles 1 to 7 of the transitional provisions of Law No 18,838." Transitional articles .... Article 1 °.-Within 60 days of the date of entry into force of this law, the members appointed in accordance with Article 1 of the transitional law N ° 18.838 shall cease to be in their duties and the members shall be appointed designated in accordance with the new text of this law. The current Secretary-General will remain in office until the new Council appoints his replacement. Article 2.-In the first conformation of the new National Television Council, five of the ten Directors appointed in accordance with Article 2 (b) shall last only four years in their duties, circumstances which shall determine the President of the Republic in the act of his purpose to the Senate. Article 3.-Any concession of free television broadcasting service in force to the date of publication of this law shall be governed by its provisions. However, as regards the duration of the concession, the following rules of derogation shall apply: 1.-They shall be governed by the law in force at the date of granting of the concession: (a) concessions which, at the date of validity of the law, are effectively exercised by means of the regular transmission of television programmes, and (b) concessions which, at the same date, are not effectively being exercised, but which initiate their services within the time limits laid down in the decree granting the concession; 2.-They shall be governed by the law in force on the date of their transfer, the concessions which have been acquired by act between the living, and 3. are not effectively being exercised through the regular transmission of television programmes and to the the law has not set a time limit for the commencement of services, they must be initiated within the maximum period of two years, counted from the date of validity of this law. After that deadline, without fulfilling this obligation, they will be expired by the sole ministry of law. Article 4 °-Applications for the granting of television broadcasting services of free reception or limited television services which are to be processed at the time of entry into force shall be governed by the rules of is, except as regards its processing and the manner in which the Council is to grant them, matters which shall be governed by the law in force at the time of its submission. In any case, the rules of Article 27 shall apply to them and the final judgment must be given by the new Con ". Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic, I have had to approve it and sanction it; therefore, it should be enacted and implemented as a law of the Republic. Santiago, 30 March 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Enrique Correa Rios, Minister General of Government.-Enrique Krauss Rusque, Minister of the Interior. What I transcribe to you for your knowledge.-Salute to you-Edgardo Riveros Marin, Deputy Secretary-General of Government. CONSTITUTIONAL COURT Draft Law amending Law No. 18,838, on |! | National Television Council The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Chamber of Deputies |! |sent the bill enunciated in the rubric, approved |! |by the National Congress, in order that this Tribunal |! |exercise control of the constitutionality of the N ° s |! | 9, 26, 27 (the abrogation of article 29), 30, 31 (the |! |abrogation of article 39) and 35 (the repeal of the |! |article 51), and that by judgment of March 25 of |! | 1992, stated: 1. That the following provisions, contained in |! |the only project submitted, are |! |constitutional: (a) (c), (d) and (e) of the first subparagraph and the |! |second indent of Article 10, N ° 9; (b) The sentence "The resolution that resolves the |! |claim may be appealed to the Court of |! | Appeals of Santiago, within five days |!" (c) The repeal of the first indent of Article 29 |! |of N ° 27; (d) The phrase " The judgment imposing an admonition, |!............................................................. appealable to |! |the Court of Appeals of Santiago, and the resolution that |! |declare the expiration of a The concession shall be appealed to |! |the Supreme Court. ", from the second indent of Article 34, |! |from N ° 30; e) The abrogation of the first paragraph of Article 39, |! |of N ° 31, and f) The abrogation of Article 51, N ° 35. 2. That it is not up to this Court to rule |! |on the provisions contained in Articles 10, |! |letters a) and b) of the first and third indent; 27, |! |incites first to fifth, the second part of the sixth, |! |seventh and eighth; 29, Second and third points |! |repealed; 34, first and second part of the |! |second indent, and 39, second and third points |! |repealed, contained in the N ° s. 9, 26, 27, 30 and 31, |! |respectively, of the unique article of the project |! |remitted, to deal with matters that are not own |! |of constitutional organic law, but of common law.-Santiago, March 25, 1992.-Rafael Larrin Cruz, |! | Secretary.