Amends Act No. 18.838, National Council On Tv

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

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"(Artículo Unico.-Intróducense las siguientes modificaciones a la ley N° 18.838, que crea el Consejo Nacional de Televisión: 1. Modifíca_se el artículo 1° de la siguiente forma: a) replace paragraph first the expression"on transport and telecommunications", by"Secretaría General de Gobierno";"
((b) added in the paragraph first, then of the words "National Council of Television", between commas, the phrase "in later the Council",) and (c) replace the final paragraph by the following: "permanent respect, means proper functioning of these services through its programming, to the moral and cultural values of the nation; to the dignity of persons; the protection of the family; pluralism; to democracy; to peace; the protection of the environment, and to the spiritual and intellectual formation of children and youth within this framework values. "."
2. replace article 2 °, with the following: "(Artículo 2°.-El Consejo estará integrado por 11 miembros, designados de la siguiente forma: a) an advisor of appointees of the President of the Republic, whose fitness to ensure due pluralism in the functioning of the Council, which will serve as President of the same."
(b) ten advisors appointed by the President of the Republic, with the agreement of the Senate. The President will be proposition in one Act, the Council can be integrated in a pluralistic way.
The Senate shall decide on the set of propositions, in secret session specially convened for the purpose, and its adoption will require the favourable vote of the majority of senators in exercise. Not meet them, it shall be rejected.
Prior to the vote, can challenge is founded one or more of the proposals, provided that the Foundation relates to personal qualities of the or of the contested and is not exclusively political reasons. O challenges will vote previously, and accept some, the vote on proposition will be suspended altogether until this is complete, without individual personal challenges.
The right, will have approved one or more challenges, the President of the Republic only once, remove all the proposal and formulate a new either proceed only to replace the contested designations. This right must be exercised within 8 working days of the date that is been informed or challenges accepted by the Senate. Once completed the new proposition, will proceed in the manner indicated in the preceding subsection, with the caveat that may not challenge people that had appeared previously on the payroll and that had not been subject to challenge, in turn. Formulated and invoked a new individual personal challenge, the President of the Republic may be only the proposition of replacement of the or of the contested within the aforementioned period. Individual challenges of personal character will be approved or rejected by a majority of the senators in exercise. In all new proposition President shall maintain the pluralism of the integration.
Complete to be the proposition and there is no individual personal challenges, will have to vote on it as a whole. President, strictly maintaining the pluralism of integration, be rejected as a whole, shall submit to the Senate a new proposition, within the 30 working days following the date the respective rejection has been reported in that. This new proposal is subject to the previously established rules.
The Adviser referred to in the letter to) will remain in office until 30 days after the cessation of functions of the President who appointed him.
Ten advisers referred to in point (b)) will last for 8 years in office, may be appointed for further periods, and was remade by halves, each 4 years.
The directors shall be persons of relevant personal merits and professionals, such as: have been gracefully as national prize in any of their terms; be a member of one of the academies of the Institute of Chile; having been a parliamentarian or Minister of court; be or have been a University Professor; being or having been a Director or Rector of establishments of secondary education or higher of national renown; have been official General of any of the institutions of the armed forces or Carabineros de Chile. The appointment will be made by Supreme Decree issued through the Ministry General Secretariat of Government.
(Vacancies occurring shall be filled in accordance with the procedure referred to in letters a) and b). The proposal must be made within 30 days of the vacancy produced. The replacement will last in office for the time remaining to complete the period of the replaced Director. "."
3. replace article 3 °, by the following: 'article 3.-the Council will have a Secretary General who will be elected or removed, where appropriate, with seven directors in office as vote. This official will be Minister of faith with respect to the actions of the Council and the other powers and functions which the Council assigns to him.
4. replace article 4 °, by the following: "article 4.-the Council will have a Vice President who will be elected or removed, where appropriate, with seven directors in office as vote. Vice President subrogated to the President in case of absence or impediment of this. "."
5 repealed article 5.
6 replacements items 6 ° and 7 ° by the following: "article 5.-the Council will be held with the majority of its members and shall adopt its agreements by a majority of its members present.
This, however, will require the concurrence of special quorum to adopt agreements on the following matters: 1 vote as seven of its members to: appoint and remove to the Secretary General of the Council; appoint and remove the Vice President of the same; declare the forfeiture of a concession or impose a suspension of broadcasts; ((seek Supreme Court Declaration of existence of any of the grounds c), d) and e) referred to in article 10 of this law.
2 vote as the absolute majority of the members to: acquire, encumber and dispose of real estate; modify, or grant a concession; punishing a dealership with any sanction that is not suspension of broadcasts or expiry of the concession; and welcome a challenge in the case of article 9.
The Council will be held in either ordinary or extraordinary. Ordinary sessions are those that determine the Council itself for days and certain hours, in which treated all matters that the President included in the respective table, which must be communicated to members at least 24 hours in advance to the date of the session. The Council may not establish more than two regular sessions per month.
They are extraordinary session those that Council is convened specially by the President of the same for only those materials that motivate the call. This may be at the initiative of the Chairman or at the written request of four advisors, at least. citation special meeting shall be not less than 48 hours in advance and shall contain expressly materials in it. "."
7 replace article 8, by the following: "article 8.-are disabled to perform the post of Counsellor: 1.-persons, their spouses, relatives legitimate up to the third degree of consanguinity and second of affinity, or by people who are linked to them by adoption links, or through natural persons or legal entities" that have their administrative control, purchase - to any title-interest in concessions of free reception or limited television service television service or advertising companies for production of audiovisual programmes or television services which are directly linked to the exploitation of a concession of television broadcasting of free reception service.
2. the people who play the positions of President, Vice President, Secretary General and Treasurer in the central policies of the political parties or national policies of trade unions or trade union organisations.
3. persons who are in any of the cases referred to in article 80 of the law No. 18.834, administrative status, with the sole exception of performance in teaching positions of up to half a day. "."
8. replace article 9 °, by the following: "article 9-only you can disable counselors so that they intervene in a business determined by reason of having personal interest or because of intimate friendship or enmity with him or those who affect such matter.
Recusal should be deducted before the Council so far in that this to resolve on the matter which alleges disability. Objections shall be accompanied by the evidence that would justify the grounds invoked and the case of testimonial evidence, this will be attached through affidavits provided before a notary public.
Deduction of the challenge, the Secretary General of the Council shall notify this affected Minister, which shall report in writing to the Council, within 48 hours. Answered this or after such term, the President of the Council or whoever does their times, with or without the report of the affected Director, will be mentioned immediately to a special meeting of the Council to resolve the challenge. The decision of the Council shall not be liable to recourse. While you are not settled on the challenge, the Council will not resolve on the matter that this affects.
Counselor who affect a causal challenge must give it to immediately inform the Council and refrain from participating in the discussion and vote on the matter. A breach of this obligation shall be regarded as serious misconduct.
In the event that the grounds of disqualification comes to knowledge of the individual concerned, subsequent to the decision of the matter, this must be enforced within the five working days following the date when the person concerned had knowledge of it. Means he had knowledge of it from the moment in which the respective resolution was given to public knowledge. The Council will only admit it to procedure in the event that the vote of the challenged Adviser has been determinate to achieve the quorum required by law, depending on the matters concerned. Welcome the challenge, the Council in session specially convened for the purpose, shall be again dealt on the subject that affects the challenge, being suspended the implementation of the above decision.
Notice of the withdrawal shall be effected by letter delivered at home that the affected person has registered in the Council, by the Secretary or Minister of public faith. "."
9 replace article 10 by the following: "(Artículo 10.-Son causales de cesación en el cargo de Consejero, las siguientes: a) expiry of the period for which it was named, but which, it shall be extended until the appointment of his replacement."
(b) resignation, accepted by the President of the Republic.
(c) mental or physical inability to the position.
(d) Sobreveniencia of any causal of inability.
(e) serious failure to comply with the obligations as Advisor. It will be lack serious, among others, the unjustified absence at three consecutive sessions or six sessions of the Council, ordinary or extraordinary, during a calendar year.
((The existence of the grounds set out in the letters c), d) and e) above, shall be declared by the plenum of the Supreme Court, at the request of the Council; or any person, in the case of the causal of the letter d).
The request must be written, accompanying all the elements of proof evidencing the existence of the causal. It will be transfer to the plaintiff for the fatal period of 10 business days to expose what it deems appropriate in his defense. This expired, with or without the response of the affected, it will decree regarding cars and cause, for its aggregation to the table, view, and failure, will be governed by the rules applicable to the remedy of protection. Regards the reason for the letter c), the Court, as measure to better resolve, may enact expert report. ". '
10 is replaced by article 11 the final sentence: "this assignment will be compatible with any other remuneration unavailable public.", by the following: "this assignment will be compatible with the remuneration that is perceived under the derogation referred to in point 3 of article 8 of this law.".
11 Introducense article 12 the following modifications: 1. replace the letter to) with the following: "to) ensure that television broadcasting of free reception services and limited television services conform strictly to the"proper functioning", established in article 1 of this law.".
(2 replaced the letter b), with the following: "b) promoting, financing or subsidizing production, transmission or dissemination of programmes of high cultural level or of national or regional interest, well qualified by the National Council of television. Annually, the public sector budget Act will include the necessary resources, in accordance with the letter a) of article 32 of this law.
These resources shall be assigned by the Council, prior public tender in which eligible concessionaires television broadcasting of free reception and independent producers. In the case of assignments to independent producers, before the delivery of resources, benefited from producer shall, within 60 days following the resolution of the contest, prove that the transmission of the respective program is guaranteed by a dealership service of free reception of television broadcasts. Expired this period while proving this circumstance, the assignment will benefit program who has obtained the second place in the respective tender. For these purposes, Council to resolve the contest, must establish the order of preference. "."
(3 replaced the letter e), with the following: "e) grant, renew or modify concessions of television broadcasting of free reception services and declare the end of these concessions, in accordance with the provisions of this Act.".
(4 replaced the letter g), with the following: "g) manage their heritage.".
((5 Agreganse, then in the third paragraph of the letter j), the following new letters, which become k) and l), respectively: "k) informing the President of the Republic, the Senate and the Chamber of Deputies on matters within their competence, when this is requested.
(l) establish that the concessionaires must transmit one hour of cultural programs a week, understanding as such the devoted to the arts or sciences. These transmissions must be made in hours of high audience, being at the discretion of each concessionaire determine the day and time within the schedule. "."
6.-a continuation of the letter l), new, it is added in the previous issue, consultanse the following new subsections: "the Council shall issue general rules to effectively prevent the transmission of programs containing excessive violence, truculence, pornography or involvement of children or adolescents in variance with morals or good customs acts.
It will be considered as aggravating circumstance the fact that the offence is committed within hours of transmission that children normally have access.
The rules issued by the Council and its amendments shall be published in the official journal and will apply from the date of its publication. "."
12 article 13, replace by the following: ' article 13.-the Council may not intervene in the programming of the television broadcasting of free reception services or the limited television services. " However, you can: to) adopt measures to prevent the spread of movies that not apply to qualify the film rating and Council programmes or advertising that go against morals, good customs or public order; ((b) determine the time from which can transmit material qualified for over 18 years of age by the Board of film classification, and c) fixing, in general, a percentage of up to 40% of Chilean production of programmes that transmit channels of free reception of television broadcasting services. Within this percentage, you can include display of national films.
Channels of free reception and limited television service television broadcasting service, will be exclusively and directly responsible for all and any program, national or foreign, that convey, even in the case of satellite broadcasts or transmissions.
Transmission or display of films rejected by the film ratings board is prohibited. "."
13 Add the following article 13 bis.
"Article 13 bis.-the Council may receive special contributions from the State to fund or subsidize the production, transmission and broadcasting of television programmes in those areas border, extreme or remote areas of the national territory in which, by its remoteness or small population, there is no commercial interest to encourage television broadcasters of free reception service dealers to provide these services.
All grant or financing must always bid is publicly, settling on the basis the technical requirements that must be met to ensure a good service.
For the purposes of this article, the public sector budget Act will consider these circumstances when setting the annual budget of the aforementioned Council. "."
14 insert the following article 14, new, becoming the current 14 bis: "article 14.-the Council shall adopt measures and procedures to ensure that programs of opinion and political debate that is issued by any television channel, is respected in properly the principle of pluralism.".
15 article 15, replaced by the following: ' article 15.-concessions of television broadcasting of free reception service will be awarded only to legal entities, whose validity period may not be less than the award. " The concessions will last 25 years.
The Council, with 180 days prior to the expiration of the term of any award, or within 30 days of the date that is enforceable resolution that declares a concession expired, or within 30 days of the date required to do so by any particular interested in obtaining a concession not public tender will be called. The bases of the invitation to tender shall be published in the official journal three times, upon not less than three nor more than five business days between each publication; they must point out clearly and precisely the nature and extent of the concession which is tendered and they may only require strictly objective requirements.
The award will be assigned to the applicant whose project, fully adjusted to the respective competition rules, offer the best technical conditions to ensure optimal transmission. Means, without express mention, that all application entails the obligation to unrestricted adhere and permanently maintain the "proper functioning" of the service, under the terms established in the final paragraph of article 1 of this law.
At every renewal of a concession, the concessionaire that held it has preferential for adjudication right, provided that even the best technical proposal that guarantees an optimal transmission.
Not may awarded new grant one to the dealership that has been sanctioned in accordance with article 33, N ° 4, of this law, as also to the legal person who is holder of a concession VHF, control or manage to another dealership service of television broadcasting of free reception VHF, in the same area of the country's services. "."
16 Add the following article 15 bis: "article 15 bis-limited television service permits shall be governed by the law N ° 18,168, General of telecommunications, will be awarded in accordance to article 9 ° of the law and will have the character of indefinite, in the case not to occupy radio spectrum. This however, apply them the provisions of this Act on everything you say relationship with strict compliance with the rules contained in the final paragraph of article 1, concerning the "proper functioning" and in articles 18 and 19. "."
17 article 16, replaced by the following: ' article 16.-in case of transfer, assignment, lease or granting of the right to use, any security, the right to telecast free reception, will require the prior authorization of the Council, which may only refuse it in the event, not the requirements established in article 18. "
This notwithstanding, any dealership you can celebrate any act or contract that involves, legally or in fact, empower a third party to administer all or part the TV spots that possess the concessionaire or make use of its right of transmission with its own programmes and advertising. This prohibition does not preclude essentially transitory agreements intended to allow the transmission of certain events altogether, provided that each dealership to keep your individuality and responsibility for transmission that takes place.
18 repealed article 17.
19 article 18, replaced by the following: "article 18.-only may be holders of a concession of television broadcasting of free reception service 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 must be Chileans and not processed or having been convicted of a crime that deserves punishment disturbing.
Indictment be suspended to the affected, immediately and for all the time that remains, in any function or activity relating to the concession.
The rules laid down in article 46 of law No. 18,046 on corporations apply to concessionaires. The violation of these provisions shall be punished by the Council, according to the report by the Superintendency of securities and insurance, pursuant to article 33 of this law. "."
20 article 19, replace by the following: "article 19.-the concessionaires must inform the Council, within five business days following the date of its occurrence, any change in the Presidency, directory, management, administration and legal representation." In addition, regards corporations and limited partnerships for actions, reported the signing and transfer of shares and, in the case of societies of people, admission or retirement of partners or change in social participation. This information may only be used to verify compliance with the provisions of article 18 of this law. "."
21 repealed article 20.
22 article 21, replaced by the following: ' article 21-concessions of television broadcasting of free reception service end up: 1.-the deadline. "
2. expiry of the concession, declared enforceable resolution of the Council.
3. waiver granted. The waiver does not preclude the application of the sanctions that were coming because of offences committed during his term. "."
23 article 22, replaced by the following: ' article 22.-to participate in public tenders referred to in article 15, applicants shall submit to the National Television Council an application which will contain, in addition to the information laid down in the first paragraph of article 18, a technical project with the in-depth detail of the facilities and operation of the grant you are applying; " the type of emission, service area and other background required by the relevant statutory and regulatory provisions. The project will be signed at least by an engineer. The application must also contain a financial project duly proved, entirely earmarked for installation, exploitation and operation of the concession to apply. "."
24 Article 23, replaced by the following: ' article 23.-Council shall send a copy of the request or requests that have been submitted and the technical project accompanied in each case, to object that this body issued a report with respect to each request, considering the technical and formal requirements of legal and regulatory compliance to the Undersecretariat of telecommunications. " If two or more applications, must set to form separate and grounded, which guarantee the best technical conditions of transmission. The reports will have the value of expert evidence. The Undersecretariat of telecommunications must be reported within the period of 30 days from the date of receipt of the trade by which prompted a report.
He or repairs which formulated the Council or to the applications submitted, on the basis of the report of the Undersecretariat of telecommunications, will be notified to or stakeholders, as appropriate. The affected have the period of 15 working days counted from its respective notification to rectify the objections that your respective application has deserved. Non-compliance with this obligation within the time limit, shall have the respective request by not presented for all legal affections, by the only Ministry of the law. "."
25 repeal articles 24, 25 and 26.
26 article 27, replaced by the following: "article 27.-the Council complied with the formalities provided for in articles 22 and 23, awarded the concession or declared deserted the bidding." The respective resolution shall be published in summary drawn up by the Secretary General of the Council, only once, in the corresponding to the days 1st official journal or 15th of the month or the next day if this is working, and, in addition, same date, in a newspaper of the capital of the region which will establish facilities and technical equipment of the station.
You can claim this resolution who has an interest in it, within a period of 30 days from the publication of your summary. The claim must be established; be submitted in writing to the Council, point out evidence which shall be credited the facts that underlie it; attach to it the documents that are in the possession of the claimant, and set address within the urban radius of the commune of Santiago.
If the claim is opposition to the assignment, the President of the Council will transfer it to the recipient, for within 10 working days. Simultaneously, it shall request of the Undersecretariat of telecommunications a report about the facts and opinions of a technical nature in which the claim is founded. The Secretariat must evacuate the report within 30 days following receipt of the office in which it has been requested, will have value of expert evidence.
The payment for the transfer, with or without the response of the recipient, the President of the Council, have made substantial, relevant and controversial, will receive the claim to the test, which will be governed by the rules established in article 90 of the code of Civil procedure. Expired the end of test, hayanla, or rendered non parties, and received the report of the Secretariat for telecommunications, the President of the Council will be mentioned to special session to make this decision on the claim. Same procedure of apply if the claim had not received proof. The Council shall meet within 15 working days of expired term probative or from the date of receipt of the report of the Secretary of telecommunications, in his case.
If the claim is for the refusal to grant award or have been declared deserted the bidding, same procedure, with the exception that there is no transfer shall apply.
The resolution which resolved the claim may be appealed before the Court of appeals of Santiago, within five business 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 resolution of the Court of appeals will not be susceptible of appeal.
Notifications of decisions handed down by the President of the Council shall be made by registered letter sent to the domicile is in Santiago which parties secured in their respective presentations, and the resolution which resolved the claim, shall be notified by means of judicial receiver or notary public. As regards notification by registered letter, these shall be improved, after which are three business days from the date of receipt of the letter by the post office.
The expired to claim or rendered the Council resolution, shall be the final decision respective, and from the date in which this, completely processed, is notified to the interested party, they will begin to run the deadlines for the start of services.
27 Suprimense articles 28 and 29.
28 article 30, replaced by the following: ' article 30.-any request for modification of a concession of television broadcasting of free reception shall be addressed to the National Council of Television, which shall send copy of it, with their background, to the Undersecretariat of telecommunications, when she is of a technical nature. " This will examine it and inform the National Television Council, within the period of thirty days, if it complies with the requirements laid down in the regulation. If the Undersecretariat of telecommunications or the National Television Council if any objections to the application, this will put them in knowledge of the person concerned, so I remedy them within a period of 15 working days. If so it does not make it, the request shall be deemed not filed for all legal purposes, by the only Ministry of law. If there is no objections, or rectified these, the National Television Council shall rule on the requested amendment.
The rules of article 27 shall apply to the Council resolution which rejects the request or affect interests of third parties. "."
29 Article 33, replace by the following: "article 33-infringements to the rules of this Act and which the Council issued in use of the powers granted him, they will be punished, according to the gravity of the infringement, with: 1.-warning."
2. fines not less than 20 or more than 200 monthly tax units. In case of recidivism in violation, the maximum fine can be duplicated.
3. suspension of the transmissions, up to 7 days, in the case of serious and repeated infringement.
4. expiration of the concession. This will only proceed in the following cases: to) not initiation of the service within the time designated in the resolution which granted the concession, unless unforeseen circumstances or force majeure; (b) failure to comply with the requirements laid down in the first and second paragraphs of article 18; (c) Declaration of bankruptcy of the concessionaire, by enforceable judicial decision; ((d) suspension of broadcasts, imposed as a sanction enforceable resolution of the Council, for three times within a month or five times within the calendar year, by any of the following violations: 1) interruption, unjustified or not previously authorized by the Board, of transmissions for more than five days; 2) failure to comply with the technical rules which will govern the respective concession, and 3) violation of the provisions of the final paragraph of article 1 of this law.
Dealerships limited television service only may be punished under infringement of the provisions of the final paragraph of the article 1 of this Act. "."
30 article 34, replaced by the following: ' article 34.-the Council, before applying any penalty, it shall notify the concessionaire of the or of charges that exist against. " This will be the time of five working days to formulate their disclaimers and request a term of proof for the purposes of prove the facts that melts his defense. Expiry of this period, without disclaimers or to exist, unless it has been decreed a probationary term expired such term has decreed a probationary term, or expiration of such term, has yielded proof or not, the Council will resolve without further formalities. Test and notices shall be governed by the rules laid down in article 27 of this law.
Resolution imposing a reprimand, fine, or suspension of broadcasts will be appealed before the Court of appeals of Santiago, and the resolution that declares the revocation of a concession will be appealed to the Supreme Court. The appeal must be brought within five business days following the date of notification of the decision, to be founded, and for its aggregation to the table, view and judgment shall be governed by the rules applicable to the remedy of protection.
31 repeal articles 35, 36, 37, 38 and 39.
32 article 40, replace by the following: ' article 40.-sanctions only it will be enforceable once the resolution which imposes them. "
Fines must be paid within the fifth working day following the date that will be enforceable the condemnatory resolution. The breach of this rule empowers the Council to impose, by way of enforcement, the suspension of the transmissions on the basis of one day of suspension for each 20 monthly tax units of fine, but not exceed, in any case, for 20 days in a row. The suspension does not exempt from the payment of the fine. "."
33 be added the following new article: "article 40 bis.-any particular may withdraw from the Council the offence provisions in the final paragraph of article 1 and in the second and third subparagraphs of article 12. The complaint must be formulated in writing and indicate with precision the opportunity was committed the offence and the facts that underlie it.
The President shall inform the Council in the presentation of these complaints, which should appreciate its merit, and deems appropriate, apply the procedure provided for in article 34 of this law. Otherwise, he shall declare it inadmissible and order your file. "."
34 replaced section 47, by the following: "article 47.-Introducense the following modifications to the law N ° 18,168: 1.-removed, in the final paragraph of article 4, the phrase"and limited television services"."
2 replacements first and second subparagraphs of article 9, by the following: "article 9.-the limited telecommunications services and limited television services will be required, to be installed, operated, and exploited, permission granted by resolution of the Undersecretariat of telecommunications.
For limited telecommunications services, permissions will have a duration of ten years and may be renewed for periods of the same duration. The renewal application must be filed within two years prior to the expiration of the period of validity. Permissions for limited television service will be indefinite, if not occupying frequencies of the radio spectrum, and will last 25 years in other cases. Are considered as limited television service all those who are not free reception, such as be, cable, encoded, fiber optic, etc. "."
3 replace the initial sentence of the third subparagraph of article 16 "tratándo are public services of telecommunications and services intermediate applications telecommunications", by the following: "Trying to requests for public services of telecommunications, telecommunications and limited television service intermediate services". "."
35 repeal articles 49, 50, 51 and 52.
36 added as article 49, new, then of the 48, the following: "article 49.-repeal articles 1 to 7 ° transitional of law N ° 18.838.".