1995 (January 20)
Official Gazette No. 41681 of January 20, 1995
by which regulates television service and formulating policies for development, democratizes access to this, the National television Commission is formed, industry and television activities are promoted, standards for hiring the services are established, reestreucturan sector entities and other provisions in telecommunications. Summary
THE CONGRESS OF THE REPUBLIC OF COLOMBIA,
DECREES: TITLE I.
GENERAL PROVISIONS ARTICLE 1o. LEGAL STATUS, TECHNICAL AND CULTURAL TELEVISION. Television is a subject public service ownership, reservation, control and regulation of the state, whose provision shall, by concession to public entities referred to in this Law, individuals and organized communities, under the terms of Article 365 of the Constitution.
Technically, it is a telecommunications service that provides programming targeted at the general public or a part of it, which is the emission, transmission, distribution, distribution, radiation and reception of video and audio signals simultaneously.
This public service is intrinsically linked to the public and the country's culture, as a dynamic instrument processes information and audiovisual communication.
. PURPOSE AND PRINCIPLES OF SERVICE. The purpose of the television service are to train, educate, inform truthfully and objectively and recreate a healthy way. In compliance with them, we seek to meet the social objectives of the state, promote respect for the guarantees, duties and fundamental rights and other freedoms, strengthen the consolidation of democracy and peace, and work for the dissemination of human values and cultural expressions of national, regional and local.
Such purposes are fulfilled in accordance with the following principles:
a. Impartiality in the information;
B. The separation of opinions and information, in accordance with Articles 15 and 20 of the Constitution;
C. Respect for political, religious, social and cultural pluralism;
D. Respect for the honor, the reputation, the privacy of individuals and the rights and freedoms recognized by the Political Constitution;
E. Protection of youth, childhood and family;
F. Respect for the values of equality, enshrined in Article 13 of the Constitution;
G. The primacy of public interest over private;
H. The social responsibility of the media.
NATIONAL COMMISSION OF TELEVISION
NATURE AND FUNCTIONS
ARTICLE 3. LEGAL STATUS, NAME, ADDRESS AND POLITICAL CONTROL. The body to which it referred to in Articles 76 and 77 of the Constitution shall be called: National Television Commission (CNTV). This entity is a legal entity of public law, with administrative and technical autonomy, patrimonial and functional independence necessary for the performance of the powers assigned by the Constitution, the law and its statutes.
The main address of the National Television Commission is the city of Bogota, DC, Republic of Colombia, but by decision of the Board of Directors may establish offices anywhere in the country.
PARÁGRAFO. POLITICAL CONTROL. The National Television Commission is responsible to the Congress of the Republic and shall meet the requirements and subpoenas upon its request through the plenary or the Committees. Effective Notes
ARTICLE 4. OBJECT. It corresponds to the National Television Commission exercise, representing the State ownership and reservation of public service television, direct policy television, develop and implement plans and programs of the State regarding the public television service in accordance with determined by law; Regular television service, and intervene, manage and control the use of the electromagnetic spectrum used for the provision of that service, in order to guarantee media pluralism, competition and efficiency in service delivery and avoid monopolistic practices in its operation and exploitation, under the terms of the Constitution and the law. Effective Notes
The 5th ITEM. FUNCTIONS. In developing its object corresponds to the National Commission on Television: Effective Notes
A. Directing, implementing and developing the general policy of certain television service law and ensure compliance, for which you can perform actions it deems necessary to preserve the spirit of the law; Effective Notes
B. Overtaking inspection activities, surveillance, monitoring and control for proper provision of public service television. For these purposes, you can initiate investigations and organize visits to facilities operators, dealers television spots and television contractors; require the production of ledgers and other private documents, without it being opposable reservation or inviolability thereof; and impose sanctions that may apply; Effective Notes
C. Sort accordance with this Law, the different types of public service television, and regulate the operating conditions and operation thereof, particularly in the field of coatings, chains, progressive expansion of the assigned area, technical configuration, stripes and content programming, management and service quality, advertising, marketing it under this Act, changes due to the transmission of special events, use of satellite networks and services, and obligations with users; Effective Notes
D. Investigate and punish operators, dealers spaces and contractors TV violation of the protection of competition, media pluralism and the regime to avoid monopolistic practices provided for in the Constitution and in this and other laws, or engage in practices, activities or arrangements which are contrary to free and fair competition and equal opportunities for those, or tending to the concentration of ownership or informational power in television services, or undue formation of a position dominant in the market, or constitute a kind of monopolistic practice in the use of the electromagnetic spectrum and service delivery.
People who violate the provisions of this subparagraph shall be punished with fines from individual six hundred (600) to six thousand (6,000) minimum monthly wages in effect on the date of the sanction, and must cease practices or behaviors that have originated the sanction.
The Commission also punishable by a fine from one hundred (100) to six hundred (600) minimum monthly wages in effect on the date of the sanction managers, directors, legal representatives, auditors and other individuals who authorize, execute or tolerate the conduct prohibited by the Constitution and the law.
For the purposes of the provisions of this subparagraph, the rules of due administrative process will be addressed. When issuing the Bylaws, the Board of the Commission will establish a unit responsible solely on the exercise of these functions. In any event, the Board shall decide on appeal; Effective Notes
E. Regulate the granting and extension of concessions for the operation of the service concession contracts spaces and TV contracts transfer of allowances, production and co-production of television programs, as well as the requirements of tenders, contracts and licenses to access the service, and the sanctioning regime applicable to dealers, television operators and contractors in accordance with the rules laid down in the law and regulations; Effective Notes
F. Assign service operators television frequencies to be used in accordance with the title and the plan of use of frequencies applicable to the service, and to provide permits for installation or modification of the respective networks and test operations and final, after coordination with the Ministry of Communications *; Effective Notes
G. Set duties, taxes and fees to be received by way of granting and exploitation of concessions for the operation of the television service, and correspond to the concession contracts of television spots as well as the allocation, assignment and use frequencies.
At a rate or contribution by the award of the concession established, the value of it will be deferred over a period of two (2) years. Once granted the concession for the National Television Commission shall regulate the granting of guarantees.
The rights, duties and tariffs should be set by the National Television Commission, taking into account the geographical coverage, the total population and per capita income in the coverage area, based on statistics published by the Administrative Department national Statistics as well as the recovery of the costs of public service television; participation in the benefits it provides to dealers, according to the geographical coverage and service potential audience; and they are required to strengthen public operators, in order to fulfill the functions intended to guarantee media pluralism, competition, the absence of monopolistic practices in the use of the electromagnetic spectrum used for television services and efficient provision of that service.
The provisions of this subparagraph shall also be taken into account for fixing any other tax, fee or charge corresponding to the Commission.
Rates, royalties or fees outlined above will be the same for operators covering the same areas, areas, or equivalent conditions; Effective Notes
H. Formulate sectoral plans and programs for the development of television services and for the management and use of frequencies in coordination with the Ministry of Communications *; Effective Notes
I. Implement the decisions of the authorities and resolve petitions and complaints by individuals or Leagues Viewers legally established on the content and quality of programming, advertising television services and, in general, on the accomplished service delivery by operators, dealers television spots and regional television contractors;
J. Promote and conduct studies or research on TV service and semiannually submit to the National Government and a detailed report of his administration, particularly on the management of the money at your expense, salaries, travel expenses, advertising, premiums Congress or bonuses, frequency management and overall compliance of all employees whose duties. On the performance of the functions and activities in their care, and evaluating the situation and development of television services;
K. Perform the acts and own contracts of their nature and necessary for the fulfillment of its object, to which it is subject to the rules laid down in the Administrative Code and Law 80 of 1993, and the rules that substitute, complement or add;
L. Effective Notes
M. Creating educational strategies so that operators, dealers television spots and contractors regional television promulgate and promote the service, in order that the child and family viewers can develop creativity, imagination and critical thinking about of messages transmitted through television;
N. Punish operators, dealers and contractors spaces TV national television when they violate the constitutional and legal provisions which specifically protect the rights of the family and children. According to the regulations for the purpose by the National Television Commission within a period of six months following the effective date of this Act, offenders creditors of sanctions of warning, temporary suspension of service will be up to five months or termination or revocation of the concession or license, depending on the seriousness of the offense and recidivism. In any case, the rules set out in the law on due process will be observed; Editor's Notes
Ñ. Perform such other duties that apply as entity management, regulation and control of public service television. Editor's Notes
ORGANIZATION AND STRUCTURE OF THE COMMISSION
ARTICLE 6o. COMPOSITION OF THE BOARD. The National Television Commission shall have a Board composed of five (5) members, who shall be elected or appointed for a period of two (2) years, re-elected to the same period as follows:
A) Two (2) members shall be appointed by the Government;
B) One (1) member shall be chosen from among the legal representatives of regional television stations, according to national government regulations for that purpose;
C) One (1) member of the professional and union legally constituted and recognized associations with legal personality force for the following guilds involved in making television: Actors, directors and scriptwriters, producers, technicians, journalists and critics TV, democratically elected among the aforementioned organizations. The administrative act of legalization and possession will make the President of the Republic.
The National Civil Registry shall regulate and monitor the national election of the respective representative;
D) One (1) member for leagues and parent associations, leagues viewers associations, faculties of education and social communication of legally constituted and recognized universities with legal force. democratically elected or between those organizations.
The administrative act of legalization and possession will the President of the Republic.
The National Civil Registry shall regulate and supervise the national election of the respective representative.
PARÁGRAFO TRANSIENT. Elections and appointments referred to in this article, will take place for the integration of the Board to replace the current, at the end of the period of four (4) years for which they were elected and appointed members. Effective Notes
ARTICLE 7. ABSOLUTE FAULTS OF BOARD MEMBERS. They are absolute failures:
Death, accepted resignation, dismissal, and unjustified absence for more than four continuous sessions.
Article 8. REQUIREMENTS AND QUALITIES TO BE A MEMBER OF THE BOARD. To be a member of the Board of the National Television Commission required the following requirements:
1. Being Colombian citizen and have more than 30 years at the time of designation.
2. University degree or be more than ten (10) years of experience in the television sector.
The members of the Board of the National Television Commission will be dedicated.
The members of the Board of the National Television Commission have the status of public employees and be subject to the arrangements provided for them in the Constitution and the Law.
The Attorney General's Office will know the faults of members of the Board of the National Television Commission.
Article 9. DISABILITIES TO BE ELECTED MEMBER OR APPOINTED BOARD OF THE COMMISSION. They can not integrate the Board of the National Television Commission:
a. Members of the public corporations of popular election;
B. Who during the preceding the date of appointment or election year, are or have been members of boards or boards of directors, legal representatives, officers or employees in management and trust service operators or television concessionaires spaces television, contractors or regional television or associations representing the above excepting the legal representatives of regional TV channels;
C. Those within the year immediately preceding the election or appointment year have been directly or indirectly associated or shareholders or owners by 15% or more of any company or legal person operating television service concessionaire spaces or service TV, contractor regional television programming or a company associated with the foregoing; or if having a lower participation, statutory provisions exist that allow a degree of interference in social decisions or similar legal entity that gives it a stake greater than 15% in a corporation;
D. Those within one (1) previous year have been directors, legal representatives, officers or employees in positions of trust in the legal the preceding paragraph refers to people;
E. Spouse, boyfriend or girlfriend permanent, or who are staying within the fourth degree of consanguinity, affinity or first civil degree of any of the persons covered by the disqualifications provided in the preceding paragraphs. Effective Jurisprudence
The above disqualifications apply, also, during the time that the person remains a member of the Board of the National Television Commission.
ARTICLE 10. CONFLICTS OF MEMBERS OF THE BOARD OF THE COMMISSION. The office of member of Board of the Commission are full-time and incompatible with all elective office and the exercise of different professional or occupational activity of a member of that Board or university professor of exercise. Especially, can not, directly or indirectly, exercise functions, receive fees or have an interest or stake in an operator or concessionaire person spaces or television services, or director of activities relating thereto, or broadcasting, film, publishing, press , advertising and telecommunications. Effective Jurisprudence
The provisions of this article shall also apply during the period following the expiry or withdrawal of the Board of the National Television Commission year.
ARTICLE 11. SPECIAL PROHIBITIONS. Effective Notes
ARTICLE 12. FUNCTIONS OF THE BOARD. The functions of the Board of the National Television Commission:
a) Take the necessary measures to develop the object and the constitutional and legal functions of the entity;
B) fix the rates, charges and fees referred to in this Law, in accordance with the criteria set out therein to;
C) Assign the concessions for the operation of public service television and award and celebrate concession contracts television spots and generally authorize the Director to hold other contracts in accordance with the law ;
D) To approve and sign before maturity, the extension of the concession contracts open spaces Inravisión television, for which the contracts at the National Television Commission will transfer previously grantors; Effective Notes
E) To adopt the Statutes of the entity, in which aspects not covered by this Act shall be regulated;
F) approve and periodically review the annual budget of the National Television Commission to be submitted by the Director.
With the surplus of each year the Board of the Commission shall create and increase capital reserves, including those designed to absorb any losses and necessary to strengthen the "Fund for the Development of Television" which in this Act it is established.
The surplus of the National Television Commission may not be distributed, transferred if they have not been fully wiped losses from previous years not covered under reserves.
In any event, annually the net result of the operation of the National Television Commission will be screened, and this should be incorporated into the annual budget law. To this effect, the surplus that projects receiving the Commission will join the budget income;
G) Determine the staffing of the entity, creating, deleting or merging the positions necessary for good performance, setting the corresponding remuneration and manual functions without requirements other than those subject to the rules that Congress issued for the structure of the central administration. The statutes issued by the Board of the National Television Commission specify and develop the following basic structure of the National Commission on Television:
1. Board of the National Television Commission.
2. The Board may delegate to the Director the functions that relate to internal administrative management of the Commission. The Director of the National Television Commission, which depend on the following offices: Office Competition Authority, responsible for the exercise of the functions that the literal d) of Article 6 refers to. of this Act; Office of Planning, responsible for coordinating with the different areas of the formulation of the strategic plan of the Commission, advise the Board on the approval of the operational plan, evaluating the results of plans and coordinate the development, implementation and system optimization planning, and internal control Office, which will be responsible for the establishment of control mechanisms management, performance and internal audit in connection with the performance of the functions of the Commission and to adopt mechanisms and measures necessary for the proper exercise of the disciplinary function.
3. Secretary General of the National Television Commission, responsible for carrying out administrative policies of the entity, endorsing with his signature acts of the Board and the Director, issue the certificates requested of the Commission, direct the development of the draft budget the Commission and others that may be assigned in the statutes that correspond to the nature of dependence.
The General Secretariat will depend on the following Branches: Branch Human Resources and Training, responsible for the administrative functions of human resources of the Commission and oversee the training of servants of the Commission; Administrative and Financial Sub-Directorate, responsible for planning, organizing, implementing and monitoring the financial and physical resources of the entity, anticipate and provide the necessary resources for the implementation of the plans of the Commission and carry out the functions assigned to it; Legal Affairs Branch, responsible for meeting the demands against the Commission before the competent authorities, according delegation of the Director and to advise the entity in legal matters that may apply; Technical and Operations Sub-Directorate, which shall be responsible for advising the Board of the Commission on technical decisions to be taken and coordinate with the Ministry of Communications * related to the availability of frequencies for assignment by the Board . Effective Notes
They are management positions and trust the Head of Office and Deputy Director, as well as the Commission ascribes to them for being direct advice of members of the Board, the Secretary General and the Heads and Deputy Directors of the entity .
The wage and benefits conditions of the employees of the Commission and members of the Board of the National Television Commission will be in accordance with the equivalences established by the Board, established for members of the Board and other officials of the Bank of the Republic.
All employees of the entity will be appointed by the Board of the Commission, but that the Director may delegate such authority;
H) Sanction in accordance with the rules of due process and the procedure prescribed by law, operators of service, dealers television spots and contractors of regional channels for violation of its contractual obligations , or violation of the laws and regulations or those of the Commission related to the service. Effective Jurisprudence
To this end, and in relation to concessions arising from a contract, the Board of the Commission shall order the relevant fines for violations mentioned, in cases where it considers justified in that they do not deserve the declaration expiration contract. Both powers agreed and shall be deemed not expressly set forth in the agreement.
The fines will be proportional to the violation of the concessionaire and the updated value of the contract, and imposed a reasoned decision.
Similarly, the Board may impose the penalty of suspension of the grant up to six (6) months or the definitive cancellation when the transgression of the laws and regulations of the Commission so prove.
In the case of organized communities, in addition to the suspension, the Board may impose penalties of fines up to five hundred (500) monthly statutory minimum wages, and revocation of the license to operate the service.
In the case of public operators sanctions may be fines of up to 1500 (1,500) monthly legal minimum wages and the dismissal of public servants who have tolerated or committed the offense.
To exercise this right the Board shall take into account the seriousness of the offense, the damage and recidivism in the commission; Effective Jurisprudence
I) generally regulate the conditions and requirements for agreements to be concluded dealers spaces TV and regional television contractors to modify, without restrictions other than those arising from the majority will of the same and respect for the rights that protect them, the nature and form of the spaces they hold, the fringe audience, broadcast times and duration of programs, among others;
J) Agreeing with the National Institute of Radio and Television and Audiovisual Company Information how will the temporary guarantee continuity of service in case of suspension, revocation or termination of contracts with operators or with Zonal TV dealers spaces; Effective Notes
K) establish the conditions for regional channels that are part of the local authorities of border areas may be associated, on a reciprocal basis and observing international agreements and treaties of integration and cooperation with local authorities of the neighboring country, for the provision of public service television;
L) To exercise other functions necessary to fulfill its objectives, which are not expressly assigned to another unit of the same.
PARÁGRAFO. Decisions of the Board of the National Television Commission will be adopted in the form of agreements, if they are of a general nature and resolutions, whether they are of particular character. Your actions and decisions will be dealt with according to the general rules of administrative procedure, following the principles of equality, morality, efficiency, economy, speed and publicity. With the same operators, dealers and contractors spaces television regional television, the exercise of jurisdiction in terms and conditions of equality must be ensured.
Be determined acts for approval require the affirmative vote of a qualified majority of its members in the statutes.
ARTICLE 13. THE PROCEDURE FOR THE ADOPTION OF RESOLUTIONS. For the adoption of general acts within the competence of the Board of the National Television Commission, the following procedure should always be followed:
a) The Board shall communicate through media widely available matter proposed regulation;
B) a term not exceeding two (2) months will be granted to interested parties to submit comments they consider relevant to the subject matter of regulation;
C) Having given opportunity for stakeholders to express their views and based on the information available, the regulation deemed more appropriate will be taken;
D) Such regulations shall be communicated in the manner prescribed by law 58 of 1985 or the rules that modify or replace. Editor's Notes
ARTICLE 14. DIRECTOR OF THE BOARD. The Board of the National Television Commission shall have a Director elected from its midst for a period of one (1) year and may be reappointed for one (1) equal period. Without prejudice to the functions performed as a member of the Board, it is for the legal representation of the National Television Commission and shall have such other powers provided for in the statutes. Effective Notes
ARTICLE 15. OFFICIALS OF THE NATIONAL COMMISSION OF TELEVISION. Employees of the National Television Commission have the status of public employees, and as such are subject to the respective constitutional and legal system of disqualifications, incompatibilities, prohibitions and responsibilities.
Employees are appointed and removed those who are attached to the executive level of the Commission, or not belonging to it hold positions of management or trust. Other employees are administrative career.
HERITAGE. The assets of the National Television Commission shall consist of:
a) the amount of fees, taxes and charges levied by private operators as a result of granting concessions and exploitation of public service television;
B) the amount of fees, taxes and charges levied by private operators as a result of the allocation and use of frequencies, which will be paid annually;
C) the amount of fees, taxes and charges levied by dealers as a result of the award and exploitation of concession contracts television spots;
D) the amount of fees, taxes and charges levied dealerships Inravisión television spaces and spaces dealers TV subscription Ministry of Communications *, from the date the respective contracts must subscribe by the Commission. The extension of the concession contracts spaces Inravisión awarded under the tender 01 91, not be subject to payment of a new grant; Effective Notes
E) sums received upon exercise of their rights, the imposition of sanctions in charge, or the collection of fees incurred in discharging their functions, and in general, exploitation service TV;
F) the reservations mentioned in this Act and the performance that they produce;
G) contributions from the national budget and those to be paid to any title of the Nation or any other state entity;
H) the proceeds or disposal of assets, and donations from individuals or corporations, domestic or foreign;
I) other income and property acquired under any title.
PARÁGRAFO. For tax purposes only the National Television Commission will have under public establishment of national, and therefore not subject to income tax and complementary.
ARTICLE 17. PROMOTION OF PUBLIC TELEVISION. The National Television Commission made the collection of the sums has the right and take your accounting detail. Once the reservation is made under this Act to absorb their potential losses, a percentage of the profits of each year be deposited in a fund called "Fund for the Development of Television" constituted as a special account under the terms of Article 2. Decree 3130 of 1968, assigned and administered by the Commission, which will be invested primarily in strengthening public service operators television and cultural programming by the State, in order to guarantee media pluralism, competition the absence of monopolistic practices in the use of the electromagnetic spectrum used for TV service and efficient delivery of the service. Effective Notes
The Commission shall regulate the provisions of this article. Editor's Notes
CHAPTER III. CLASSIFICATION OF SERVICE
ARTICLE 18. CLASSIFICATION RULE. TV service is classified according to the following criteria:
a) main transmission technology used;
B) Users of the service;
C) General orientation of media programming;
D) Levels of service coverage.
PARÁGRAFO. Each TV service will be subject to classification by the National Television Commission according to the criteria set out in this article. The company may establish other classification criteria or different classes to keep updated with the development of services and technological advances sector. Effective Notes
ARTICLE 19. CLASSIFICATION OF SERVICE ROLE OF TRANSMISSION TECHNOLOGY. The classification based on the technology serves the medium used to distribute the television signal to the service user. In this regard the authority classify the service:
a) broadcast TV: is one in which the television signal reaches the user from the transmitting station by means of the electromagnetic spectrum, spreading without artificial guide;
B) wired and closed TV: is one in which the television signal reaches the user through a physical means of distribution exclusively to this transmission, or shared for the provision of other telecommunications services in accordance with the respective concessions and the special rules governing the matter. Not part of the wired television, internal distribution networks placed in a building from an antenna or reception point;
C) Satellite television: is one in which the television signal reaches the user from a satellite direct distribution.
PARÁGRAFO. By agreement between the parties, dealers television service may use, if technically possible telecommunication networks and power of the State or companies public utilities energy and related infrastructure to poles and ducts to tender and conduct the necessary cables to transport and distribute the television signal to the service user.
The agreement referred to in the preceding paragraph should include the conditions of use of the network infrastructure and the value of compensation for the use they make dealerships television service them.
In any case the payment for the use in this article may be exchanged for any advertising.
The non-payment of the amounts agreed for the use of infrastructure poles and ducts will result in the loss of the right to use them, subject to the fines agreed in the agreement. Editor's Notes
ARTICLE 20. CLASSIFICATION BASED SERVICE USERS. The classification of service according to users, attends the destination of the broadcast signals. In this regard the Commission classified the service:
a) open TV: is one in which the signal can be freely received by any person located in the service area of the station, without prejudice, in accordance with regulations put forth by the National Television Commission, certain programs are intended only to certain users; Effective Notes
B) Subscription television: is one in which the signal, regardless of the transmission technology used and subject to the same legal regime provision is intended to be received only by persons authorized to receive.
ARTICLE 21. CLASSIFICATION OF SERVICE IN GENERAL FUNCTION ORIENTATION OF PROGRAMMING. In accordance with the general orientation of media programming, the National Television Commission classified the service:
a) commercial TV: the programming for the satisfaction of the habits and tastes of viewers, profit, without this classification excludes educational, recreational and cultural purpose that should guide all Colombian television;
B) television public, social, educational and cultural interest is one in which the programming is directed generally to meet the educational and cultural needs of the audience.
In any case, the Colombian State shall retain the operation of at least one channel of national television coverage of public, social, educational and cultural interest.
ARTICLE 22. CLASSIFICATION OF SERVICE IN FUNCTION OF THEIR LEVEL OF COVERAGE. Classification of service depending on their level of coverage. The National Television Commission define and classify the service as follows:
1. Depending on the country of origin and destination of the signal:
a) International Television. It refers to television signals originating outside the country and that can be received in Colombia or that which originates in the country and that can be received in other countries;
B) Colombian Television. It is one that originates and receives within the national territory.
2. Because of their level of territorial coverage:
a) national public television operation. It refers to television signals operated by Inravisión or relevant public body authorized to cover the entire national territory. Editor's Notes
B) national private television operation. That is authorized as private and open alternative to the public to cover permanent needs of the service and the efficient and competitive provision thereof throughout the national territory;
C) Regional Television. Is the television service that covers a specific geographic area, formed by the Capital District territory or below the national territory without being local;
D) Local TV. TV service is provided on a continuous geographic area, provided it does not exceed the scope of the same municipality or district, metropolitan area, or Association of Municipalities.
E) Community Television nonprofit. PARAGRAPH 1.
. The National Television Commission awarded through public tender concessions for the operation of local television stations, private, for-profit. This for all departmental capitals and cities exceeding 100,000 inhabitants. For cities of more than one (1) million inhabitants the National Television Commission will determine the plural number of local television stations private profit. PARAGRAPH 2.
. Local television stations profit will be chained to transmit the same programming, according to the regulations for the purpose by the National Television Commission. In any case, the chain may not exceed 80% of the total transmission time.
Nevertheless, local private television stations profit may be chained at regional level for transmitting civic, cultural or sporting events occasionally, but it means having to pre-arrange any authorization from the National Commission of TV.
. No person shall by himself or through an intermediary, participate in shareholding in more than one private local television station, without prejudice to the other limitations set forth in Law 182 of 1995 in this law.
Who participates in the capital of a private local television station, you may not participate in the provision of television channels public or private operation. Effective Notes
TELEVISION SERVICE RENDERING
SPECTRUM OF ELECTROMAGNETIC
ARTICLE 23. LEGAL STATUS AND INTERVENTION IN THE SPECTRUM. The electromagnetic spectrum is a public, inalienable and imprescriptible right, subject to the management and control of the state.
State intervention in the electromagnetic spectrum intended for television services, will be in charge of the National Television Commission.
The National Television Commission previously coordinate with the Ministry of Communications * National Technical Management Plan Electromagnetic Spectrum Television and Plans Using frequencies for various services, based on which will assign frequencies those who under the law or concession should pay TV service. The Commission may only assign frequencies previously been granted by the Ministry of Communications for the operation of the television service.
They shall also coordinate with the Ministry the assembly, installation and operation of equipment and television networks that use the operators to provide the service accomplished. Effective Notes
ARTICLE 24 OF ILLEGAL OCCUPATION OF SPECTRUM. Any TV service not authorized by the National Television Commission, or operating electromagnetic frequencies without prior allocation by that body, is considered illegal. The Board of the Commission shall suspend and confiscate equipment without prejudice to the penalties of civil, administrative or criminal provisions as may be appropriate, in accordance with the laws and regulations in force.
Confiscated equipment will be deposited in the National Television Commission, which will give them the destination application and that is consistent with the purpose and functions it performs.
For the purposes of the provisions of this Article, the police authorities cooperation will provide the National Television Commission requires.
When necessary to enter the site where the clandestine service operation is made, the municipal civil judge shall order the raid that may apply. Editor's Notes
ARTICLE 25 OF INCIDENTAL SIGNS AND CODED TELEVISION AND SANCTIONS FOR YOUR MISUSE. It is understood by incidental television signal that is transmitted via satellite and is intended to be received by the general public of another country and whose radiation can be captured in Colombian territory without the use of set top boxes needed.
Incidental reception of television signals is free, provided that it is exclusively intended for private enjoyment or social and community purposes.
Incidental signals may not be interrupted with commercials, except of origin.
Prior authorization and payment of copyrights thereof, and under the concession granted by operation of the law or by the National Television Commission, public, private and community operators and television spots dealers may receive and distribute encrypted signals.
Any other natural or legal person making the receipt and distribution referred to in the preceding paragraph with violation of the provisions of the same to be deemed offender and a clandestine service provider and as such is subject to the penalties established the previous article.
Companies currently providing services of reception and distribution of satellite signals will be submitted under penalty of sanctions corresponding to the provisions of this article.
PARÁGRAFO. In order to ensure the provisions of this article and the previous one, who are distributing incidental signals must register with the National Television Commission and obtain authorization to continue such distribution by administrative act of the Commission, which have a term six months.
In the act of authorization, the National Television Commission will determine the geographical areas of the municipality or district in which the distribution can be made incidental signal. Who holds an area can not be otherwise.
The Commission will also establish other conditions that can be effected signal distribution. Effective Jurisprudence
ARTICLE 26 OF DIRECT RECEIVING SATELLITE SIGNALS. Operators, contractors and concessionaires of the service may directly receive and decode TV signals via satellite, provided they comply with the provisions relating to the rights of use and redistribute them and the rules issued by the National Television Commission on the appeal satellite. Effective Notes
ARTICLE 27. REGISTRATION OF FREQUENCY. The National Television Commission shall maintain a public record date of all electromagnetic frequencies in accordance with international standards are allocated to the television, in each of the territorial levels that can provide the service.
The register shall determine the availability of frequencies and, if they are granted, the operator name, the territorial scope of the concession, its term and sanctions that have been dealers.
The registration regulations referred to by this Article shall be the Board of the Commission. Effective Notes
ARTICLE 28. REORGANIZATION OF SPECTRUM. Within three (3) months after the issuance of this law, if you have not done before, the Ministry of Communications * or contract start drawing up an inventory of frequencies across the electromagnetic spectrum. This inventory should especially indicate the current occupation of the television frequency spectrum. Such an inventory should be done under the criteria and standards established by the International Telecommunication Union. Effective Notes
Based on this study and in the national plan of arrangement of the electromagnetic spectrum for television, will coordinate with the National Television Commission, the adoption of measures enabling efficient management and control of that resource. Spectrum frequencies that are being used by current TV operators, may be revised in order to optimize their use.
Channel public interest will have priority in the allocation of frequencies in the preferred respective band.
The final allocation of frequencies should be based on the rearrangement to which this Article and shall be given to the zonal operators under conditions that ensure equal bands between them. Effective Notes
The tender for granting television licenses referred to them, it shall not be opened until the reorganization of the frequencies used for television service was not completed.
THE CONTENT OF TELEVISION
ARTICLE 29. FREEDOM OF OPERATION, expression and dissemination. The right to operate and exploit television media must be authorized by the State, and depend on the possibilities of the electromagnetic spectrum, the needs of the service and the efficient and competitive provision thereof. Franchised, the operator or television dealer spaces make use of it, without permits or prior authorizations. In any case, the service will be subject to intervention, management, monitoring and control of the National Television Commission.
Except as provided in the Constitution and the law, free expression and dissemination of the contents of programming and advertising on TV service, which will not be subject to prior censorship or control. However, they may be classified and regulated by the National Television Commission, with a view to promoting quality, ensure compliance with the purposes and principles governing public television service, protect the family, groups vulnerable population, especially children and young people to ensure their harmonious and comprehensive development and promote Colombian production. In particular, the National Television Commission shall issue regulations to prevent monopolistic practices or exclusivity with the broadcasting rights of events of interest to the community and may qualify as such, so they can be transmitted by all operators service on an equal footing. Effective Jurisprudence
The National Television Commission shall regulate and ensure the establishment and dissemination of stripes or times to be transmitted suitable for children or family-programming.
Operators, dealers television service regional television and contractors shall comply with the provisions of the law on copyright. The authorities will protect their owners and attend requests or legal actions they may make them when they violate or threaten them.
PARÁGRAFO. All national, regional, zonal and local channels must precede the transmission of their programs notice where indicated in written and oral Fit average age for this program is, also announcing whether it contains violence and in turn the existence sex scenes for adult audiences, this with the aim of providing better service to viewers in the orientation of programming. Effective Notes
ARTICLE 30. RIGHT TO CORRECTION. The State guarantees the right to rectification, under which any natural or legal person or group of persons are enshrines the immediate right of it, when affected publicly on their good name or other rights and interests information the affected consider inaccurate, abusive or false broadcast television programs whose disclosure could harm it.
May exercise or run the right to rectify the affected or injured or his legal representative if he died concerned, their heirs or their representatives, in accordance with the following rules:
1. Within ten (10) days following the broadcast of the program where the message reason rectification, except force majeure, originated business days the affected request in writing rectification to the principal or program manager, that it takes a decision ; it will have a non-renewable term of seven (7) business days from the date of the request to make corrections that might arise. The affected choose the date for the correction in the same space and time transmission of the reason for the rectification program was carried out. Rectification or the Director responsible for the program may not add statements or comments or other issues that have to do with the content of the rectification.
2. In case of refusal to the request for correction, or if the program manager does not resolve within the period specified in the preceding paragraph, the media have the obligation to justify its decision within three (3) working days through a writing to the affected together with the evidence to support your information. The affected party may immediately complain to the Board of the National Television Commission, which definitively decide within a period of three (3) business days. The foregoing is without prejudice to the legal action that may have place.
Notwithstanding the foregoing, the professional secrecy and confidentiality of information sources provided by Law 51 of 1975, Article 11. In this case guaranteed, may not be applied assessment unidentified witness.
3. If receipt of the request for correction is not ruling both responsible for the information or manage controversial program, and the Board of the National Television Commission, the application shall be deemed accepted, for purposes of meeting rectifying occurred.
4. The right to rectification programs ensure that inaccurate, defamatory or false information to be transmitted, or that damage the honor, reputation or other rights. PARAGRAPH 1.
. PARAGRAPH 2.
. Editor's Notes
SPACES ARTICLE 31. POLITICAL PARTIES OR MOVEMENTS. The parties and political movements with legal status and recognition of the Electoral Authority will have access to the use of television services operated by the State, in the terms determined by the laws and regulations issued by the National Television Commission and the National Council Electoral. Effective Jurisprudence
ARTICLE 32. GOVERNMENT ACCESS TO TELEVISION CHANNELS. The President of the Republic may use to address the nation, television services, at any time and without limitation. Effective Jurisprudence
Vice President, Cabinet ministers and other public officials may use authorized by the President of the Republic, the Public Interest Canal. Likewise, the Congress, the judicial branch and control bodies in accordance with the regulations issued for this purpose the National Television Commission. Editor's Notes
PARÁGRAFO. When the plenary of the Senate or House of Representatives consider that a debate in the plenary or in whatever is in the public interest commissions, through proposal approved in the plenary, ask to Inravisión transmission thereof through the chain public interest. Effective Notes
ARTICLE 33. NATIONAL PROGRAMMING. Each operator broadcast television dealer spaces and channels national coverage must meet the following minimum quarterly percentages of nationally produced programming:
a) National Channels
From 19:00 to 22:30 hours (triple a), 70% of the programming will be domestic production.
22:30 hours to 24:00 hours, 50% of the programming will be produced domestically.
From 00:00 hours to 10:00 hours, 100% of the programming will be free.
10:00 hours to 19:00 hours will be 50% domestically produced programming.
PARÁGRAFO. On Saturdays, Sundays and holidays the percentage of domestic production will be at least 50% in primetime; Effective Notes
B) regional channels and local stations.
In regional channels and local stations broadcast programming of national production should be 50% of total programming.
For the purposes of this law the following definitions shall be established:
a) National Production. It is understood by those national origin productions of any kind made at all stages by Colombian artistic and technical staff, with the participation of national actors in leading roles and distribution. The participation of foreign players will not alter the character of national long as it does not exceed 10% of the leading roles;
B) Participation of foreign artists are permitted provided that the regulations of their country of origin allow the hiring of Colombian artists;
C) Co. It means coproduction, one where national participation in the artistic and technical areas is not less than that of any other country.
The breach of these obligations will lead to the imposition of sanctions by the National Television Commission (CNTV), which according to the seriousness and recidivism may include suspension of service for a period of three (3) to six (6) months after the declaration of the respective concession expiration without prejudice to any legal action that may be required and the breach of the rule and principles of due process. Effective Notes
ARTICLE 34. FOREIGN INVESTMENT. Foreign investment is permitted on television concession whatever its territory by up to forty percent (40%) of the total capital of the concessionaire.
The country of origin of the investor must offer the same possibility of investment Colombian companies on a reciprocal basis and will imply a transfer of technology that, according to the analysis carried out the National Television Commission, contribute to the development of national television industry.
Foreign investment can not be made through companies with bearer shares. investment of a company whose partners are companies with bearer shares will be accepted. Effective Notes
OPERATION AND SERVICE OPERATION
ARTICLE 35. TELEVISION SERVICE OPERATORS. Operator refers to public or private legal person, with or without profit, which directly uses the frequencies required for the provision of public television service in all its forms, over a given area, under a title granted by of law, a contract or a license.
For the purposes of this Act are operators of public television service the following: National Institute of Radio and Television referenced by this law, regional television organizations currently constituted and that they become the terms of this Law, legal persons authorized under contract to cover the areas below are described, community organizations and legal entities licensees to cover the local level, and persons authorized to provide television service closed or subscription. Effective Jurisprudence
PARÁGRAFO. Once among perform their duties to the National Television Commission, the National Institute of Radio and Television and Television Regional Organizations will no longer perform the duties of intervention, management, regulation, and control of public service television. The National Institute of Radio and Television will continue in connection with the service, but as an operator of it. Effective Notes
ARTICLE 36. TERRITORIAL DISTRIBUTION FOR SERVICE OPERATION. TV service may be provided in the following territorial levels in accordance with the classification of service included in Article 19 of this Law:
2. Effective Notes
ARTICLE 37. PROVISION REGIME. In each of the aforementioned territorial levels, the public television service will be provided free and fair competition in accordance with the following rules:
1. National level: To ensure that competition develops zonal operators as of 1. January 1998, in conditions of effective and real equality, and prevent any monopolistic practice in service delivery and to ensure the protection of the television industry incorporated under the laws issued until the effective date of this Act, the state will be reserved until that date, the provision of public service television at the national level, which will be in charge of the national Institute of Radio and television. This operate national channels determined by the Board of Directors of the National Television Commission, according to the possibilities of the spectrum, the needs of the service and the efficient and competitive provision thereof.
From the first (1st.) January in 1998 (1998), the service may be provided also by zonal operators nationally by chains or by gradual extension of coverage area and according to the regulations on the subject issued by the Board of the National Television Commission.
2. Zonal level: Effective Notes
3. Regional level: The public television service also will reserve the State and shall be provided by the organizations or regional channels existing TV to go into effect this Act and by new entrants to be established with the prior approval of the National Television Commission through the combination of at least two adjacent departments or on its behalf, decentralized entities departmental or state telecommunications companies in any order or the Capital District, or decentralized entities of the district order, except those who are working to date of enactment of this Act. the municipalities and decentralized entities may also participate as partners in these channels.
Regional television channels are partnerships between public entities organized as industrial and commercial enterprises of the State, linked to the National Television Commission, and may belong to national or departmental level, as determined by the Boards Regional Administrators in their statutes. Effective Notes
The acts and contracts regional television channels in production, programming, marketing and general business activities, in compliance with its corporate purpose shall be governed by the rules of private law. The regional channels will be required to hold public tenders for the award of news programs, news and opinion, and the award ceremony will always be held in open court. These channels may conclude association agreements in the form of joint venture. State contracts production, co-production and transfer of allowances that are running or are properly allocated to the date of enactment of this Act, they will run to completion in accordance with the rules under which they were held.
In reallocating frequencies, the same that have been assigned to regional channels will be respected. If required change them, the National Television Commission will bear the cost for that purpose.
In the act of approval the Commission shall allocate the appropriate frequency.
Regional television programming will emphasize themes and content of regional origin, oriented social and cultural development of the respective community.
Regional TV channels will be chained for the transmission of events of regional interest.
Bogota, DC, Regional Channel will and may be associated with Cundinamarca and new departments. San Andres and Providencia can have a Regional Channel, without requiring to enter this partnership with another local authority. Cundinamarca and new departments may also be associated with other adjacent departments and state telecommunications entities of any order and channel coverage area includes the main address them. Effective Notes
The commission shall regulate the linkages between regional organizations or TV channels.
4. Local level. TV service will be provided by the organized communities, educational institutions such as colleges and universities, foundations, corporations and associations, non-profit and legal persons for profit in municipalities up to three hundred thousand (300,000) inhabitants institutions, with emphasis in social and community programming content and gradually it may be marketed, in accordance with the regulations issued to effect the National Television Commission.
For the purposes of this Act, the term organized community association law, composed of natural persons residing in a municipality or district or any part thereof, in which its members are bound by ties of neighborhood and mutual collaboration operate a community television service, with the aim of achieving civic, cooperative, supportive, academic, environmental, educational, recreational, cultural or institutional purposes. Community TV service will be provided, financed and marketed by communities organized in accordance with the regulations issued by the National Television Commission. Editor's Notes
. In the city of Bogota, local television operators with marketing may not exceed the limits of a locality according to regulations issued by the National Television Commission. Editor's Notes
. No Inravisión dealer, nor any zonal television operator, may be local television operators. Effective Notes
. The competent bodies hold concession contracts spaces TV channels and regional programming or associations or private foundations, non-profit, for the exploitation of cultural television as it is understood in this Act; the cultivation of ethical and religious values will also be included in such television. These spaces may have differential judgment of the National Television Commission rates.
PARÁGRAFO 4o. No dealer service local television may hold more than one grant at that level. Effective Jurisprudence
ARTICLE 38. NATIONAL PARTICIPATION AND ZONAL. Effective Notes
ARTICLE 39. PROHIBITION TO BE MORE THAN ONE DEALER AREA. Effective Notes
ARTICLE 40. THE EFFECTIVENESS OF OTHER RESTRICTIONS. Effective Notes
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