Act 182 1995

Original Language Title: LEY 182 de 1995

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182 OF 1995

(January 20)

Official Journal No. 41,681 of 20 January 1995

by which the television service is regulated and policies are formulated for its development, the access to it is democratized, the National Television Commission is formed, the industry is promoted and Television activities, rules for the procurement of services are laid down, entities in the sector are redrawn and other telecommunications provisions are dictated.

THE CONGRESS OF THE REPUBLIC OF COLOMBIA,

DECRETA:

TITLE I.

GENERAL PROVISIONS

ARTICLE 1o. THE LEGAL, TECHNICAL AND CULTURAL NATURE OF TELEVISION. Television is a public service subject to the ownership, reservation, control and regulation of the State, the provision of which shall correspond, by concession, to public entities to which it is refers to this Law, to individuals and organized communities, in the terms of Article 365 of the Political Constitution.

Technically, it is a telecommunications service that offers programming to the general public or a part of it, consisting of the emission, transmission, diffusion, distribution, radiation and reception of audio and video signals in form simultaneous.

This public service is intrinsically linked to the public opinion and culture of the country, as a tool for the process of information and audiovisual communication.

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ARTICLE 2o. PURPOSE AND PRINCIPLES OF SERVICE. The purposes of the television service are to form, educate, report truthfully and objectively and recreate in a healthy way. With its fulfillment, it seeks to satisfy the social objectives of the State, to promote respect for guarantees, duties and fundamental rights and other freedoms, to strengthen the consolidation of democracy and peace, and to promote the dissemination of human values and cultural expressions of national, regional and local character.

Such purposes shall be met in accordance with the following principles:

a. The impartiality in the information;

b. The separation between opinions and information, in accordance with Articles 15 and 20 of the Political Constitution;

c. Respect for political, religious, social and cultural pluralism;

d. Respect for the honor, the good name, the privacy of the people and the rights and freedoms that the Political Constitution recognizes;

e. The protection of youth, children and the family;

f. Respect for equality values, enshrined in article 13 of the Political Constitution;

g. The pre-eminence of the public interest on the private;

h. The social responsibility of the media.

TITLE II.

FROM THE NATIONAL TELEVISION COMMISSION

CHAPTER I.

NATURE AND FUNCTIONS

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ARTICLE 3o. LEGAL NATURE, NAME, ADDRESS AND POLITICAL CONTROL. The body referred to in Articles 76 and 77 of the Constitution Politics will be called: National Television Commission (CNTV). This entity is a legal person governed by public law, with administrative, patrimonial and technical autonomy and with the functional independence necessary for the fulfillment of the privileges assigned to it by the Constitution, the law and its statutes.

The head office of the National Television Commission will be the city of Santafe of Bogota, D.C., Republic of Colombia, but by decision of the Board of Directors it will be able to establish seats in any place of the national territory.

PARAGRAFO. POLITICO CONTROL. The National Television Commission will be accountable to the Congress of the Republic and must attend to the requirements and citations requested by it through the plenary or the Commissions.

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ARTICLE 4. OBJECT. It is for the National Television Commission to exercise, in representation of the State the ownership and reservation of the public service of television, to direct the politics of television, to develop and to execute the plans and programs of the State in relation to the public television service as determined by law; regulate the television service, and intervene, manage and control the use of the electromagnetic spectrum used for the provision of such service, for the purpose of to ensure information pluralism, competition and efficiency in the provision of service, and avoid monopolistic practices in their operation and exploitation, in the terms of the Constitution and the law.

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ARTICLE 5o. FUNTIONS. In development of its object it corresponds to the National Television Commission:

a. Direct, execute and develop the general policy of the television service determined in law and ensure compliance, for which it may perform the acts it deems necessary to preserve the spirit of the law;

b. Advance inspection, surveillance, monitoring and control activities for the proper provision of the public television service. For these purposes, it may initiate investigations and order visits to the premises of operators, television space dealers and television contractors; require the presentation of books of accounts and other documents private, without being subject to the reservation or inviolability thereof; and to impose the penalties to be imposed;

c. To classify, in accordance with this Law, the different modalities of the public service of television, and to regulate the conditions of operation and exploitation of the same, particularly in the field of cover, chains, expansion progressive of the assigned area, technical configuration, slots and content of the programming, management and quality of the service, advertising, marketing in the terms of this Law, modifications in reason of the transmission of special events, use of satellite networks and services, and obligations to users;

d. To investigate and punish operators, space dealers and television contractors for violation of the regime for the protection of competition, information pluralism and the regime to prevent the monopolistic practices envisaged in the Constitution and in the present and in other laws, or by engaging in practices, activities or arrangements that are contrary to free and fair competition and equal opportunities among those, or that tend to the concentration of property or information power in television services, or the misformation of a dominant position on the market, or which constitute a kind of monopolistic practice in the use of the electromagnetic spectrum and in the provision of service.

People who violate the provisions of this literal will be sanctioned with individual fines from six hundred (600) to six thousand (6,000) minimum monthly legal wages in force at the time of the penalty, and must cease in practice or conduct that originated the sanction.

Likewise, the Commission will sanction a fine from 100 (100) to six hundred (600) minimum monthly legal salaries in force on the date of the sanction to the administrators, directors, legal representatives, tax reviewers and other persons. natural persons who authorize, execute or tolerate the conduct prohibited by the Constitution and the law.

For the purposes of the provisions in this literal, the rules of the due administrative process will be dealt with. When issuing the Statute, the Board of Directors of the Commission shall establish a unit responsible solely for the exercise of these functions. In any event, the Board shall decide in the second instance;

e. To regulate the granting and extension of the concessions for the operation of the service, the contracts for the concession of television spaces and the contracts for the transfer of rights of broadcasting, production and co-production of television programmes, as the requirements for tenders, contracts and licences for access to the service, and the sanctioning regime applicable to television operators, operators and contractors, in accordance with the rules laid down in law and in the regulations;

f. To assign to the television service operators the frequencies to be used, in accordance with the title and the plan of use of the frequencies applicable to the service, and to provide permits for the assembly or modification of the respective networks and for your test and definitive operations, prior to coordination with the Ministry of Communications *;

g. 6o. of Law 680 of 2001 > To fix the rights, fees and charges to be charged for the granting and exploitation of the concessions for the operation of the television service, and those corresponding to the contracts for the granting of television, as well as for the award, allocation and use of frequencies.

When a fee or contribution is established for the award of the concession, the value of the concession shall be deferred within two (2) years. Once granted, the National Television Commission will regulate the granting of guarantees.

The rights, fees and charges should be set by the National Television Commission, taking into account geographical coverage, total population and per capita income in the coverage area, based on the statistics published by the National Television Commission. National Administrative Department of Statistics, as well as the recovery of the costs of the public television service; the participation in the benefits that the same provides to the concessionaires, according to the geographical coverage and the potential audience of the service, as well as those needed for strengthening public operators, in order to fulfil the functions aimed at guaranteeing information pluralism, competition, the lack of monopolistic practices in the use of the electromagnetic spectrum used for television services and the efficient provision of such service.

The provisions of this literal shall also be taken into account for the fixing of any other fee, fee or duty corresponding to the Commission.

The fees, fees or charges set out herein shall be the same for operators covering the same areas, areas, or equivalent conditions;

h. Formulate sectoral plans and programs for the development of television services and for the ordering and use of frequencies, in coordination with the Ministry of Communications *;

i. To comply with the decisions of the authorities and to resolve the petitions and complaints of the individuals or the Leagues of Legally Established Viewers on the content and quality of the programming, the advertising of the television services and, in General, on the performance of the service by operators, television space dealers and regional television contractors;

j. To promote and carry out studies or research on the television service and to submit a detailed report of its management to the National Government and the Congress of the Republic, in particular on the management of the money in his office, salaries, travel expenses, advertising, bonuses or bonuses, the handling of frequencies and in general the fulfilment of all the functions of your office. On the performance of the functions and activities in his capacity, and the assessment of the situation and development of television services;

k. Execute the acts and contracts of their nature and that are necessary for the fulfillment of their object, for which they will be subject to the norms foreseen in the Code Contentious Administrative and in Law 80 of 1993, and in the rules that replace them, supplement or add them;

l. 23 of Law 1507 of 2012 >

m. Design educational strategies so that operators, television space dealers and regional television contractors will disseminate and promote them in the service, in order to enable the family and children's audience to be able to developing creativity, imagination and critical spirit with respect to messages transmitted through television;

n. Sanction operators, television space dealers and national television contractors when they violate constitutional and legal provisions that specifically protect the rights of the family and children. According to the regulations that for the effect the National Television Commission will issue within the six months following the validity of this Law, the offenders will be made creditors of the sanctions of admonition, temporary suspension of the service for up to five months or revocation or revocation of the concession or licence, depending on the seriousness of the offence and the recidivism. In any case, the rules laid down in the law on due process shall be respected;

n. Fulfil the other functions which correspond to it as an entity for the management, regulation and control of the public television service.

CHAPTER II.

COMMISSION ORGANIZATION AND STRUCTURE

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ARTICLE 6o. COMPOSITION OF THE BOARD. 1o. of Law 335 of 1996. The new text is as follows: > The National Television Commission will have a Board of Directors composed of five (5) members, who will be elected or appointed for a period of two (2) years, reeligible for the same period, of the next way:

a) Two (2) members will be appointed by the National Government;

b) One (1) member will be chosen between the legal representatives of the regional television channels, according to the regulations of the National Government for this purpose;

c) One (1) member of the professional associations and trade unions legally constituted and recognized with legal personas in force by the following guilds who participate in the realization of the television: Actors, directors and librettists, producers, technicians, journalists and television critics, democratically elected among the organisations identified. The administrative act of legalization and possession will be done by the President of the Republic.

The National Civil State Registry will regulate and monitor the national election of the respective representative;

d) One (1) member of the leagues and associations of parents, leagues of associations of viewers, faculties of education and social communication of the legally constituted and recognized universities with legal personality in force. Democratically elected among the organisations identified.

The administrative act of legalization and possession will be done by the President of the Republic.

The National Civil State Registry will regulate and monitor the national election of the respective representative.

TRANSIENT PARAGRAPH. The elections and designations referred to in this article will take place for the integration of the Board that will replace the current one, at the end of the four (4) year period for the which were elected and appointed their members.

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ARTICLE 7o. ABSOLUTE FAULTS OF BOARD MEMBERS. Are absolute faults:

Death, accepted resignation, removal, and unjustified absence for more than four continuous sessions.

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ARTICLE 8o. REQUIREMENTS AND QUALITIES TO BE A MEMBER OF THE BOARD OF DIRECTORS. To be a member of the Board of Directors of the National Television Commission the following requirements are required:

1. To be a Colombian citizen and to be more than 30 years old at the time of designation.

2. Be a University Professional or have more than ten (10) years of experience in the television sector.

Members of the Board of Directors of the National Television Commission will be dedicated exclusively.

Members of the Board of Directors of the National Television Commission will have the quality of public employees and will be subject to the regime provided for in the Constitution and the Law.

The Attorney General's Office will know the faults of the members of the Board of Directors of the National Television Commission.

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ARTICLE 9o. INABILITY TO BE ELECTED OR APPOINTED TO THE BOARD OF DIRECTORS OF THE COMMISSION. They will not be able to integrate the Board of Directors of the National Television Commission:

a. Members of public corporations of popular choice;

b. Those who during the year preceding the date of designation or election, are or have been members of boards or boards, legal representatives, officials or employees in positions of management and trust of the service operators television or television broadcasting companies, or regional television contractors or associations representing the former, with the exception of legal representatives of regional television channels;

c. Who within the year immediately preceding the election or designation have been, directly or indirectly, associates or shareholders or owners by 15% or more of any company or legal person operating the television service, (a) the concessionaire of spaces or of the television service, the regional television programming contractor or of a company associated with the former; or if having a lower participation, there are statutory provisions to allow for a degree of of interference in the social decisions or of the legal person similar to those granted to him a share of more than 15% in an anonymous company;

d. Those within the first (1) year before have been directors, legal representatives, officials or employees in positions of trust of the legal persons referred to in the preceding literal;

e. The spouse, partner or permanent partner, or those who are within the fourth degree of consanguinity, second of affinity or first civil of any of the persons covered by the inabilities provided for in the previous literals.

Previous inabilities also govern during the time the person remains as a member of the Board of Directors of the National Television Commission.

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ARTICLE 10. INCOMPATIBILITIES OF THE MEMBERS OF THE BOARD OF DIRECTORS OF THE COMMISSION. The functions of the Board Member of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors the university chair. In particular, they may not, directly or indirectly, exercise functions, receive fees or have any interest or participation in a person operating or concessionary of television spaces or services, nor performing activities related thereto, or broadcast, film, edition, press, advertising, or telecommunications.

The provisions of this article shall also apply during the year following the end of the period or the withdrawal of the Board of Directors of the National Television Commission.

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ARTICLE 11. SPECIAL PROHIBITIONS. 28 of Law 335 of 1996 >

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ARTICLE 12. BOARD FUNCTIONS. They are the functions of the Board of Directors of the National Television Commission:

a) Adopt the necessary measures to develop the object and the constitutional and legal functions of the entity;

(b) To fix the fees, fees and duties referred to in this Law, in accordance with the criteria laid down therein;

(c) Allocate concessions for the operation of the public television service, as well as award and conclude contracts for the award of television spaces and, in general, authorise the Director for the conclusion of other public service contracts agreement with the law;

(d) Approve and subscribe prior to its expiration, the extension of the contracts for the concession of open television spaces of Inravisión, for which the granting entities will give in advance such contracts to the National Commission of Television;

e) Adopt the Statutes of the entity, in which the aspects not foreseen in this Law will be regulated;

f) Approve and periodically review the annual budget of the National Television Commission presented to you by the Director.

With the surplus of each year the Board of Directors of the Commission will have to create and increase the reserves, among them, those destined to absorb the eventual losses and those that are necessary to strengthen the " Fund for the Development of Television ", which in this Law is established.

The National Television Commission surplus may not be distributed, transferred if the losses of previous financial years not covered by its reserves have not been fully committed.

In any case, the net result of the operation of the National Television Commission will be projected annually, and this will have to be incorporated into the annual budget law. For this purpose, the surplus to be received by the Commission will be incorporated into the income budget;

g) Determine the entity's personnel plant, creating, deleting or merging the charges necessary for its good march, setting the corresponding remuneration and the manual of functions without any requirements other than to subject them to the rules that the Congress issue for the structure of the central administration. The statutes issued by the Board of Directors of the National Television Commission shall specify and develop the following basic structure of the National Television Commission:

1. Board of Directors of the National Television Commission.

2. The Board may delegate to the Director the functions referred to in the internal administrative management of the Commission. The Director of the National Television Commission, of which the following offices will be responsible: Office for the Regulation of Competition, which is responsible for the exercise of the functions referred to in the literal d) of the article 6or. of this Law; Office of Planning, which is responsible for coordinating with the different areas the formulation of the strategic plan of the Commission, advising the Board on the approval of the operational plan, evaluating the results of the plans and coordinating the development, implementation and optimization of the planning system, and Office of Internal Control, which will be responsible for the establishment of the management control mechanisms, as a result and the internal audit in relation to the performance of the The Commission's functions, as well as the need to adopt the necessary mechanisms and measures for the exercise of the disciplinary function.

3. Secretary-General of the National Television Commission, responsible for implementing the administrative policies of the institution, endorsing with his signature the acts of the Board and the Director, issuing the certifications requested to the Commission, directing the drawing up of the draft budget of the Commission and the others assigned to it in the statutes corresponding to the nature of the dependency.

From the General Secretariat will depend on the following Subdirections: Subdirection of Human Resources and Training, which is responsible for executing the Commission's human resources administrative functions and ensuring the training of the the Commission; Administrative and Financial Subdirectorate, which is responsible for planning, organising, implementing and controlling the financial and physical resources of the institution, providing for and providing the resources necessary for the implementation of the Commission's plans; and fulfil the tasks assigned to it; the Subdirectorate for Legal Affairs, which is responsible for to meet the demands of the Commission with the competent authorities, according to the Director's delegation, and to advise the institution on the legal matters to which it may take place; the Technical and Operations Subdirectorate, which shall be responsible for advising the Board of the Commission in the technical decisions to be taken by and coordinate with the Ministry of Communications * regarding the availability of frequencies for their allocation by the Board.

They are positions of leadership and trust of the Chief of Office and Deputy Director, as well as those that the Commission attached to them for being of direct counsel to the members of the Board, the Secretary General and the Heads and Deputy Directors of the entity.

The salary and loan arrangements of the Commission employees and the members of the Board of Directors of the National Television Commission will be in accordance with the equivalences established by the Board, the one established for the members of the Board of Directors. Board of Directors and other officials of the Bank of the Republic.

All employees of the entity shall be appointed by the Board of the Commission, but the Board may delegate to the Director such faculty;

(h) Sanctioning, in accordance with the rules of due process and with the procedure provided for in law, the operators of the service, the television space dealers and the contractors of the regional channels for violation of their contractual obligations, or for transgression of the laws and regulations or of the Commission's, related to the service.

For such purposes, and in connection with the concessions originating in a contract, the Board of Directors of the Commission shall decree the relevant fines for the violations referred to, in those cases where it believes that they are do not warrant the declaration of expiry of the contract. Both powers shall be deemed to have been agreed in so far as they are not expressly stated in the Convention.

The fines will be proportionate to the dealer's default and the updated contract value, and will be imposed by a reasoned resolution.

Likewise, the Board of Directors may impose the sanction of suspension of the concession for up to six (6) months or the definitive cancellation when the transgression of the laws and regulations of the Commission so credit.

In the case of organized communities, in addition to this suspension, the Board of Directors may impose fines for up to five hundred (500) minimum monthly legal salaries in force, and the one for revoking the license to operate the service.

In the case of public operators, the penalties may be fines of up to one thousand five hundred (1,500) minimum monthly legal salaries in force, and the removal of public servants who have tolerated or committed the offence.

For the exercise of such power the Board of Directors shall take into account the seriousness of the fault, the damage produced and the recidivism in its commission;

(i) Reglamenting in a general manner the conditions and requirements which must be met by the agreements concluded by the concession holders of television spaces and regional television contractors to modify, without further limitations than those arising from the the majority of them and of the respect for the rights which protect them, the nature and the modality of the spaces for which they are the holders, the audience, the time schedules and the duration of the programmes, among others;

j) To agree with the National Institute of Radio and Television and with the Company of Audiovisual Information the way in which the temporary continuity of the service will be guaranteed in case of suspension, expiration or termination of the contracts with the zonal operators or with the television space dealers;

k) Establish the conditions for regional channels for which territorial entities in border areas are to be associated, subject to reciprocity and observing international integration agreements and treaties; and cooperation, with territorial entities of the neighbouring country, for the provision of public television service;

l) To exercise the other functions necessary for the fulfilment of its objectives, which are not expressly assigned to another dependency of the same.

PARAGRAFO. The decisions of the Board of Directors of the National Television Commission shall be taken in the form of agreements, if they are of a general nature, and of resolutions, if they are of a particular nature. Its acts and decisions shall be dealt with in accordance with the general rules of the administrative procedure, in accordance with the principles of equality, morality, efficiency, economy, speed and publicity. The same must be ensured for operators, television space dealers and regional television contractors, the exercise of competition in terms and conditions of equality.

The statutes will determine the acts that for their approval require the favorable vote of the qualified majority of their members.

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ARTICLE 13. SPECIAL PROCEDURE FOR THE ADOPTION OF AGREEMENTS. For the adoption of acts of a general nature that fall within the competence of the Board of Directors of the National Television Commission, the following procedure shall always be followed:

(a) The Board of Directors shall communicate by means of broad dissemination the subject matter which it intends to regulate;

(b) A term of no more than two (2) months shall be granted to the parties concerned to submit their observations on the subject matter of the regulation;

(c) Given the opportunity for stakeholders to express their views and on the basis of the information available, the most appropriate regulation will be adopted;

(d) Such regulation shall be communicated in the manner provided for in Law 58 of 1985 or in the rules amending or replacing it.

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ARTICLE 14. DIRECTOR OF THE BOARD. 3o. of Law 335 of 1996. The new text is as follows: > The Board of Directors of the National Television Commission will have a Director elected from his/her bosom for a period of one (1) year and may be re-eligible for one (1) equal period. Without prejudice to the functions he exercises as a member of the Board, the legal representation of the National Television Commission shall be the responsibility of the Board and shall have the other powers provided for in the statutes.

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ARTICLE 15. OFFICIALS OF THE NATIONAL TELEVISION COMMISSION. The employees of the National Television Commission will have the quality of public employees, and as such will be subject to the corresponding constitutional and legal regime of inabilities, incompatibilities, prohibitions and responsibilities.

Are employees of free appointment and removal those who are attached to the executive level of the Commission, or who do not belong to the latter, are assigned management or trust positions. Other employees will be an administrative career.

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ARTICLE 16. HERITAGE. The heritage of the National Television Commission will be constituted:

(a) For the amount of fees, fees and charges levied by private operators, as a result of the granting and exploitation of public service television concessions;

(b) For the amount of fees, fees and charges levied by private operators, as a result of the allocation and use of the frequencies, which shall be paid annually;

(c) For the amount of the fees, fees and charges levied by the concessionaires, as a result of the award and exploitation of the contracts for the concession of television spaces;

d) For the amount of the fees, fees and charges levied by the Inravisión television space concessionaires and the television space concessionaires for the subscription of the Ministry of Communications *, from the date on which the respective contracts are to be subscribed by the Commission. The extension of contracts for the award of spaces in Inravisión awarded under Tender 01 of 91 shall not give rise to the payment of a new concession;

(e) For the sums received as a result of the exercise of their rights, the imposition of the penalties for their duties, or the collection of charges resulting from the performance of their duties, and in general, the operation of the service of television;

f) By the reserves mentioned in this Law and by the performance they produce;

g) For the contributions of the national budget and for those it receives to any title of the Nation or any other state entity;

h) For the production or disposal of their property, and for donations from natural or legal persons, domestic or foreign;

i) For other income and property that you acquire for any title.

PARAGRAFO. For exclusively tax purposes the National Television Commission shall have a public establishment regime of the national order, and consequently shall not be subject to income and supplementary taxes.

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ARTICLE 17. THE PROMOTION OF PUBLIC TELEVISION. The National Television Commission shall carry out the collection of the sums to which it is entitled and shall keep its accounts in detail. Once the reserve provided for in this Law is made to absorb its eventual losses, a percentage of the profits of each financial year will be deposited in a fund called "Fund for the Development of Television", constituted as a special account in the terms of Article 2o. Decree 3130 of 1968, which is assigned and administered by the Commission, which will be invested as a priority in the strengthening of the public operators of the television service and in the cultural programming in charge of the State, for the purpose of to ensure information pluralism, competition, the absence of monopolistic practices in the use of the electromagnetic spectrum used for the television service and the efficient provision of such service.

The Commission will regulate what is established in this article.

CHAPTER III.

SERVICE CLASSIFICATION

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ARTICLE 18. CLASSIFICATION RULE. The television service shall be classified according to the following criteria:

a) Main transmission technology used;

b) Users of the service;

c) General orientation of the issued programming;

d) Service coverage levels.

PARAGRAFO. Each television service will be classified by the National Television Commission according to the criteria set out in this article. The entity may establish other classification criteria or different classes, in order to keep the sector up to date with the development of services and technological developments.

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ARTICLE 19. CLASSIFICATION OF THE SERVICE ACCORDING TO THE TRANSMISSION TECHNOLOGY. The classification according to the technology serves the means used to distribute the television signal to the service user. In this sense, the authority shall classify the service in:

(a) Radio broadcast: is the one in which the television signal reaches the user from the transmitting station by means of the electromagnetic spectrum, spreading without artificial guidance;

b) Tabled and closed television: it is the one in which the television signal reaches the user through a physical means of distribution intended exclusively for this transmission, or shared for the provision of other services of telecommunications in accordance with the respective concessions and the special rules governing the matter. They do not make part of the wired television, the internal distribution networks placed in a building from an antenna or reception point;

c) Satellite television: it is the one in which the television signal reaches the user from a direct distribution satellite.

PARAGRAFO. 4o. of Law 335 of 1996. The new text is as follows: > Prior agreement between the parties, the television service concessionaires may use, if technically possible the telecommunications and electrical energy networks of the State or the service companies The main purpose of the operation is to provide the service user with the necessary infrastructure, as well as the infrastructure corresponding to posts and ducts, to extend and drive the cables necessary for transporting and distributing the television signal to the service user.

The agreement referred to in the foregoing paragraph should include the conditions of use of the infrastructure networks and the value of compensation for the use made by the television service dealers.

In no case will the payment for the use that this article deals with be redeemed for any type of advertising.

The non-payment of the sums agreed upon by the use of the infrastructure of posts and pipelines will result in the loss of the right to use them, without prejudice to the fines that are agreed upon in the agreement.

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ARTICLE 20. SERVICE CLASSIFICATION ACCORDING TO THE USERS. The classification of the service according to the users, attends to the destination of the signals emitted. In this regard, the Commission shall classify the service in:

(a) Open television: it is the one in which the signal can be freely received by any person located in the service area of the station, without prejudice to the fact that, in accordance with the regulations that the Commission issues in this respect National Television, certain programmes are intended solely for certain users;

b) Television by subscription: is that in which the signal, regardless of the transmission technology used and subject to the same legal system of provision, is intended to be received only by persons authorized to the receipt.

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ARTICLE 21. CLASSIFICATION OF THE SERVICE ACCORDING TO THE GENERAL ORIENTATION OF THE PROGRAMMING. In accordance with the general orientation of the programming issued, the National Television Commission will classify the service at:

a) Commercial television: is the programming aimed at the satisfaction of the habits and tastes of the viewers, with a profit motive, without this classification excluding the educational, recreational and cultural purpose that must guide all Colombian television stations;

b) Television of public, social, educational and cultural interest: it is the one in which the programming is oriented in general, to satisfy the educational and cultural needs of the audience.

In any case, the Colombian State shall retain the exploitation of at least one national television coverage channel of public, social, educational and cultural interest.

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ARTICLE 22. SERVICE CLASSIFICATION ACCORDING TO YOUR LEVEL OF COVERAGE. 24 of the Law 335 of 1996. The new text is as follows: > Classification of the service according to its level of coverage. The National Television Commission will define, and classify the service as follows:

1. According to the source and target country of the token:

(a) International Television. refers to television signals originating outside the national territory and which may be received in Colombia or that which originates in the country and which can be received in other countries. countries;

b) Colombian Television. It is the one that originates and receives within the national territory.

2. Because of its territorial coverage level:

a) National public operation television. Refers to television signals operated by Inravisión or the relevant public entity, authorized to cover the entire national territory.

b) National private operating television. It is authorized as a private and open alternative to the public to permanently cover the needs of the service and the efficient and competitive delivery of the service. throughout the national territory;

c) Regional television. It is the television service covering a given geographical area, consisting of the territory of the Capital District or less than the national territory without being local;

d) Local television.  It is the television service provided in a continuous geographical area, as long as it does not exceed the scope of the same Municipality or District, Metropolitan area, or Association of Municipalities.

e) Nonprofit community television.

PARAGRAFO 1o. The National Television Commission will award the concessions for the operation of local television stations, of a private nature, with a profit motive, by public tender. This is the case for all the capitals of the department and cities that exceed 100 thousand inhabitants. For the cities of more than one (1) million inhabitants, the National Television Commission will determine the plural number of local private television stations with a profit motive.

PARAGRAFO 2o. Local television stations with a profit motive can be chained to broadcast the same programming, according to the regulations that the National Television Commission will issue for the effect. In any case, the chaining shall not exceed 80% of the total transmission time.

However, local private television stations with a profit motive may be able to chain themselves at the regional level to broadcast civic, cultural or sporting events of an occasional nature, without having to deal with them. previously no authorization from the National Television Commission.

PARAGRAFO 3o. No person may by itself or by person, participate in the composition of the action in more than one private local television station, without prejudice to the other limitations set forth in the Law 182 of 1995 in this law.

Whoever participates in the capital of a private local television station shall not be able to participate in the provision of the television service of public or private channels of operation.

TITLE III.

TELEVISION SERVICE DELIVERY

CHAPTER I.

ELECTROMAGNETIC SPECTRUM

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ARTICLE 23. LEGAL NATURE AND INTERVENTION IN THE SPECTRUM. The electromagnetic spectrum is a public good, inajable and imprinted, subject to the management and control of the State.

The state intervention in the electromagnetic spectrum for television services will be the responsibility of the National Television Commission.

The National Television Commission will coordinate with the Ministry of Communications * the National Technical Plan for Electromagnetic Spectrum Ordering for Television and the Use of Frequency Plans for the different services, on the basis of which it will make the allocation of frequencies to those persons who under the law or concession are required to provide the television service. The Commission may only assign the frequencies previously granted to it by the Ministry of Communications for the operation of the television service.

Also, the installation, assembly and operation of television equipment and networks used by operators for the service delivery must be coordinated with Ministry

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ARTICLE 24. OF THE ILLEGAL OCCUPATION OF THE SPECTRUM. Any television service not authorized by the National Television Commission, or operating electromagnetic frequencies without the prior assignment by that body, is considered clandestine. The Board of Directors of the Commission shall suspend and confiscate the equipment without prejudice to the penalties of civil, administrative or criminal order to which it may have taken place, in accordance with the laws and regulations in force.

The seized equipment will be deposited with the National Television Commission, which will give them the application and destination that is in line with the object and functions it develops.

For the purposes of the provisions of this article, the police authorities shall cooperate with the National Television Commission.

When it is necessary to enter the site where the clandestine operation of the service is carried out, the municipal civil judge will decree the search to be carried out.

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ARTICLE 25. OF THE INCIDENTAL AND CODED SIGNALS OF TELEVISION AND OF THE PENALTIES FOR THEIR MISUSE. It is understood by incidental television signal that it is transmitted via satellite and that it is intended to be received by the general public of another country, and whose radiation can be captured in Colombian territory without the need for the use of decoder equipment.

The reception of incidental television signals is free, provided it is intended for exclusively private enjoyment or for social and community purposes.

Incidental signals may not be interrupted with commercial, except for origin.

Prior authorization and payment of corresponding copyright, and by virtue of the concession granted by law ministry or by the National Television Commission, public, private and community operators and dealers Television spaces may receive and distribute coded signals.

Any other natural or legal person who carries out the receipt and distribution referred to in the foregoing paragraph with transgression of the provisions therein shall be deemed to be an offender and a borrower of a clandestine service and as such shall be subject to the penalties provided for in the previous Article.

Companies that currently provide satellite signal reception and distribution services will be subject to penalties corresponding to the provisions of this article.

PARAGRAFO. For the purpose of ensuring the provisions of this article and the previous article, those who are distributing incidental signals must register with the National Television Commission and obtain authorization to continue with the (i) the Commission's administrative act, for which it has a period of six months.

In the act of authorization, the National Television Commission shall determine the geographical areas of the municipality or district in which the distribution of the incidental signal may be effected. Whoever is the owner of an area cannot be the other.

The Commission shall also establish the other conditions under which the distribution of the signal may be carried out.

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ARTICLE 26. THE DIRECT RECEPTION OF SATELLITE SIGNALS. Operators, contractors and dealers of the service may receive directly and decode television signals via satellite, provided they comply with the provisions relating to the rights of use and redistribution of the same and the rules issued by the National Television Commission on the satellite resource.

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ARTICLE 27. FREQUENCY RECORDING. The National Television Commission shall keep an up-to-date public record of all electromagnetic frequencies that are attributed to the television service in accordance with international standards, in each of the territorial levels in which the service can be provided.

Such a registration shall determine the availability of frequencies and, if granted, the name of the operator, the territorial scope of the concession, its term and the penalties for which the dealers have been subject.

The regulation of the register referred to in this Article shall be the responsibility of the Board of Directors of the Commission.

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ARTICLE 28. THE REORDERING OF THE SPECTRUM. Within three (3) months following the issuance of this Law, if it has not done so before, the Ministry of Communications * will initiate or contract the inventory of the frequencies of all the electromagnetic spectrum. This inventory should indicate in particular the current occupation of the frequencies of the television spectrum. Such an inventory should be made under the criteria and standards established by the International Telecommunication Union.

Based on this study and on the national plan for the management of the electromagnetic spectrum for television, it will coordinate with the National Television Commission, the adoption of measures that will allow efficient management and control of this resource. Spectrum frequencies that are being used by current television operators may be reviewed in order to optimise their use.

The public interest channel will have priority in the allocation of the respective frequencies in the preferential band.

The final allocation of frequencies shall be based on the rearrangement referred to in this Article and shall be granted to zonal operators under conditions which ensure the equality of bands between them.

The invitation to tender for granting the television concessions to which they refer may not be opened until the reordering of the frequencies used for the service of television is concluded.

CHAPTER II.

TELEVISION CONTENT

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ARTICLE 29. FREEDOM OF OPERATION, EXPRESSION AND DISSEMINATION. The right to operate and exploit massive 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 delivery of the service. Granted, the concession, operator or concession holder of television spaces shall make use of the same, without permits or prior authorizations. In any case, the service will be subject to the intervention, management, surveillance and control of the National Television Commission.

Except as provided in the Constitution and the law, it is free to express and disseminate the contents of the programming and advertising in the television service, which will not be subject to censorship or prior control. However, they may be classified and regulated by the National Television Commission, with a view to promoting their quality, ensuring compliance with the aims and principles governing the public service of television, protecting the family, to the vulnerable groups of the population, especially children and young people, to guarantee their harmonious and integral development and to promote Colombian production. In particular, the National Television Commission will issue regulations to avoid monopolistic or exclusive practices with the rights to broadcast events of interest to the community and may qualify them as such, with the the purpose of the transmission by all operators of the service on a level playing field.

The National Television Commission shall regulate and ensure the establishment and dissemination of slots or schedules in which the programming of children's or family-friendly programming is to be transmitted.

Operators, television service dealers and regional television contractors will comply with the provisions of the copyright law. The authorities shall protect their owners and shall comply with the requests or legal proceedings which they make when they are transgreased or threatened.

PARAGRAFO. All national, regional, zonal and local channels shall be required to give the transmission of their programmes an indication of the average age for viewing the programme in written and oral form, also announcing if it contains or not violence and in turn the existence of sexual scenes for adult public, this with the aim of providing a better service to the viewers in the orientation of the programming.

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ARTICLE 30. RIGHT TO RECTIFICATION. The State guarantees the right to rectification, by virtue of which, every natural or legal person or group of persons is accorded the right of immediate right, when they are publicly affected in their good name or other rights and interest in information which the person concerned considers to be inaccurate, non-legal or false in television programmes, the disclosure of which may be prejudicial to him.

They may exercise or execute the right to the rectification of the affected or injured person or their legal representative if the affected, their heirs or their representatives have passed away, in accordance with the following rules:

1. Within ten (10) working days following the transmission of the programme where the message of the rectification originated, except force majeure, the affected person shall request in writing the rectification before the director or responsible for the programme, (a) to give a ruling on the matter; the latter shall have an unextended term of seven (7) working days from the date of the application to make the corrections to which it has taken place. The affected person will choose the date for the rectification in the same space and time when the transmission of the program was carried out. In the rectification the Director or the person responsible for the program will not be able to add statements or comments or other topics that have to do with the content of the rectification.

2. In the event of refusal of the request for rectification, or if the person responsible for the program does not resolve within the term indicated in the preceding number, the means shall have the obligation to justify its decision within three (3) working days following through a written letter to the affected company, accompanied by the evidence supporting their information. The affected will be able to immediately file their claim with the Board of Directors of the National Television Commission, which will decide definitively within three (3) days . The foregoing without prejudice to the judicial actions to which there may be a place.

However, the professional secrecy and the reservation of the sources of information provided for in Law 51 of 1975, Article 11, are guaranteed. In this case, the assessment of the unidentified person's testimony cannot be requested.

3. If the request for rectification was received, no statement from the information officer or director of the controversial program would be produced, and the Board of Directors of the National Television Commission, the application shall be understood as accepted, for the purposes of complying with the rectification.

4. The right to rectification shall be guaranteed in the programmes in which inaccurate, non-legal, or false information is transmitted, or which damage the honour, good name or other rights.

PARAGRAFO 1o.

PARAGRAFO 2o.

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ARTICLE 31. SPACES FOR POLITICAL PARTIES OR MOVEMENTS. Political parties and 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 to determine the laws and regulations issued by the National Television Commission and the National Electoral Council.

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ARTICLE 32. NATIONAL GOVERNMENT ACCESS TO TELEVISION CHANNELS. The President of the Republic may use, to address the country, television services, at any time and without any limitations.

The Vice President, the Ministers of the Office, and other public officials will be able to use the Public Interest Channel with the authorization of the President of the Republic. Likewise, the Congress of the Republic, the Judicial Branch and control bodies, in accordance with the regulations issued by the National Television Commission for this purpose.

PARAGRAFO. When the plenary sessions of the Senate or the House of Representatives consider that a debate in the plenary or in any of its committees is in the public interest, through the proposal approved in the plenary, it will ask Inravision for the of the same, through the public interest chain.

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ARTICLE 33. NATIONAL PROGRAMMING. 4 of Law 680 of 2001. The new text is as follows: > Each open television operator and space dealership in the national coverage channels must meet the following minimum percentages of national production programming on a quarterly basis:

a) National channels

From 19:00 to 22:30 hours (triple A), 70% of the programming will be national production.

From 22:30 a.m. to 24:00 hours, 50% of the programming will be of national production.

From 00:00 a.m. to 10:00 a.m., 100% of the programming will be free.

From 10:00 a.m. to 19:00 hours 50% will be national production programming.

PARAGRAFO. On Saturdays, Sundays, and holidays the percentage of national production will be at least 50% in triple-A time;

b) Regional channels and local stations.

In regional channels and local stations, the national production programming broadcast must be 50% of the total programming.

The following definitions will be established for this law:

a) National Production. It is understood by productions of national origin those of any kind made in all its stages by Colombian artistic and technical staff, with the participation of national actors in starring and supporting roles. The participation of foreign actors shall not alter the character of a national as long as it does not exceed 10% of the total of the lead roles;

b) The participation of foreign artists will be allowed as long as the normativity of their country of origin allows the hiring of Colombian artists;

c) Co-production. Co-production shall mean where the national participation in the artistic and technical fields is not less than that of any other country.

Failure to comply with these obligations will result in the imposition of sanctions by the National Television Commission (CNTV), which according to gravity and recidivism may consist of the suspension of the service for a period of three (3) to six (6) months to the declaratory of expiration of the respective concession without prejudice to the judicial actions to which there is a place and of the non-compliance with the norm and principles of due process.

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ARTICLE 34. FOREIGN INVESTMENT. 1 of Law 680 of 2001. The new text is as follows: > Foreign investment in television concessionary companies is authorised, whatever its territorial scope, up to 40% (40%) of the total share capital of the concessionaire.

The country of origin of the investor must offer the same possibility of investment to the Colombian companies in conditions of reciprocity and will carry implicit a transfer of technology that, according to the analysis carried out by the Commission National Television, contributes to the development of the national television industry.

Foreign investment cannot be made through companies with shares in the bearer. The investment of a company whose partners are companies with shares in the bearer shall not be accepted.

CHAPTER III.

OF THE OPERATION AND OPERATION OF THE SERVICE

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ARTICLE 35. TELEVISION SERVICE OPERATORS. An operator is understood to be the with or without profit, legal , which directly uses the frequencies required for the provision of the public television service in any of its modes, on a a given area, by virtue of a title granted by law ministry, by a contract or by a licence.

For the purposes of this law, the following persons are operators of the public television service: the National Institute of Radio and Television to which this law refers, regional television organizations, currently constituted and those that are constituted in the terms of this Law, the persons legal authorized under contract to cover the areas that are described below, the community organizations and legal persons of licences to cover the local level, and persons authorised to provide the closed or subscription television service.

PARAGRAFO. Once the National Television Commission has been among its powers, the National Institute of Radio and Television and Regional Television Organizations will stop exercising the functions of intervention, management, regulation, and control of the public television service. The National Institute of Radio and Television will continue in relation to this service, only as an operator.

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ARTICLE 36. TERRITORIAL DISTRIBUTION FOR THE OPERATION OF THE SERVICE. The television service may be provided at the following territorial levels in accordance with the service classification set out in Article 19 of this Act:

1. National.

2. 28 of Law 335 of 1996 >

3. Regional.

4. Local.

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ARTICLE 37. BENEFIT SCHEME. In each of the above territorial levels, the public television service shall be provided in free and fair competition, in accordance with the following rules:

1. National level: To ensure that competition with zonal operators is developed from 1o. January 1998, under conditions of effective and real equality, and to prevent any monopolistic practices in the provision of the service, as well as to ensure the protection of the television industry constituted under the legislation issued Until this law, the State will reserve, until that date, the provision of the public television service at the national level, which will be carried out by the National Institute of Radio and Television. This will operate the 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 delivery of the same.

From the first (1o.) of January of a thousand nine hundred and ninety-eight (1998), the service can also be provided nationally by the zonal operators through chains, or by gradual extension of the area of coverage and according to the regulations on the individual issue by the Board of Directors of the National Television Commission.

2. Zonal Level: 28 of Law 335 of 1996. >

3. Regional Level: The public television service will also be a reserve of the State and will be provided by the existing Regional Television Organizations or Channels as this Law and the new ones come into force. operators that are constituted by the prior authorization of the National Television Commission, by means of the association of at least two contiguous departments, or on their behalf, of decentralized entities of the departmental order or state enterprises of telecommunications of any order or of the Capital District, or entities decentralized of the district order, except those that are functioning to the date of the validity of this Law. Municipalities and their decentralised entities may also participate as partners in these channels.

The regional television channels will be societies between public entities organized as industrial and commercial enterprises of the State, linked to the National Television Commission, and may belong to the national or departmental order, as determined by the Regional Administrative Boards in their statutes.

The acts and contracts of regional television channels, in matters of production, programming, marketing and in general their commercial activities, in compliance with their social object shall be governed by the rules of private law. Regional channels shall be required to hold public tenders for the award of the information, news and opinion programmes and the act of award shall always be held in public hearings. These channels may conclude association contracts under the risk-sharing mode. State contracts for the production, co-production and transfer of allowances which are in execution or are duly awarded to the date of promulgation of this Law shall be executed until their termination in accordance with the rules under which were concluded.

In the reassignment of frequencies, the same ones that have been assigned to the regional channels will be respected. In case the change of the same ones is required, the National Television Commission will assume the cost to this effect.

In the act of authorisation, the Commission shall award the relevant frequency.

The regional television channels will emphasize a programming with themes and contents of regional origin, oriented to the social and cultural development of the respective community.

Regional television channels will be able to chain themselves for the transmission of events of regional interest.

7o. of Law 335 of 1996. The new text is as follows: > Santafe de Bogota, D.C., will have Canal Regional and will be able to partner with Cundinamarca and the new Departments. San Andres and Providencia will be able to have a Regional Canal, without requiring them to enter into a partnership with another territorial entity. Cundinamarca and the new departments may also be associated with other contiguous departments and with state telecommunications entities of any order and the coverage area of the channel will include the main address of the channel.

The commission will regulate the shackles between regional television organizations or channels.

4. Local Level. The television service will be provided by organized communities, educational institutions, such as colleges and universities, foundations, corporations and non-profit associations and individuals. In the case of the Commission, the Commission will be able to take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that the Community's financial resources are available to the public. National Television Commission.

For the purposes of this Law, the association of law, composed of natural persons resident in a municipality or district or part thereof, in which its members are united by neighbourhood ties or mutual collaboration to operate a community television service for the purpose of achieving civic, cooperative, solidarity, academic, ecological, educational, recreational, cultural or institutional purposes. The community television service will be provided, self-financed and marketed by the organized communities according to the regulations issued by the National Television Commission.

PARAGRAFO 1o. In the city of Santafe in Bogota, local television operators with marketing will not be allowed to exceed the limits of a locality as regulated by the National Television Commission.

PARAGRAFO 2o. No Inravision dealership, no zonal television operator, can be local television operators.

PARAGRAFO 3o. The competent entities shall conclude contracts for the granting of channels and television or regional programming spaces with private non-profit associations or foundations for the exploitation of the cultural television as it is understood in this Law; the cultivation of the ethical-religious values will also be understood in this television. These spaces will be able to have differential rates in the opinion of the National Television Commission.

PARAGRAFO 4o. No local television service concessionaire may be the holder of more than one concession at that level.

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ARTICLE 38. NATIONAL AND ZONAL PARTICIPATION. 28 of Law 335 of 1996 >

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ARTICLE 39. OF THE PROHIBITION OF BEING A DEALER OF MORE THAN ONE AREA. 28 of the Law 335 of 1996 >

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ARTICLE 40. OF THE VALIDITY OF OTHER RESTRICTIONS. 28 of Law 335 of 1996 >

CHAPTER IV.

SUBSCRIPTION TV

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Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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