Law 335 of 1996
Official Gazette No. 42,946, of December 24, 1996
by which it partially amending Law 14 of 1991 and Law 182 of 1995, establishing the private television in Colombia and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Article 6o. Law 182 of 1995 will read:
The National Television Commission shall have a Board composed of five (5) members, who are 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; Effective Jurisprudence
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. Effective Jurisprudence
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 Jurisprudence
. The Minister of Communications * may attend meetings of the Board of the National Television Commission with voice but no vote. To this end, the Secretary of the Board shall summon the Minister ahead and send the list of topics. Effective Notes
ARTICLE 3. Article 14 of Law 182 of 1995 will read:
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) period same. 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.
ARTICLE 4. Paragraph of Article 19 of Law 182 of 1995 will read:
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
The 5th ITEM. The National Television Commission shall regulate the fringes of audience and set the number of hours of daily broadcast to dealers of public and private television in order to ensure equal competition and comply fully with the purposes and services of public television service .
ARTICLE 6o. Paragraph a) of paragraph of Article 33 of Law 182 of 1995 shall read as follows:
A) National production: production of domestic origin for programs of any kind, carried out at all stages by Colombian artistic and technical personnel is understood.
The participation of foreign artists are permitted provided that the regulations of their country of origin allow the hiring of Colombian artists.
The National Television Commission shall regulate the maximum percentage of foreign persons who may participate in the dramatized programs for purposes of considering domestic production. Effective Notes
ARTICLE 7. The penultimate paragraph of the 3rd literal. Article 37 of Law 182 of 1995 shall be as follows:
Santa Fe de 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.
Article 8. Article 43 of Law 182 of 1995 will read:
"ARTICLE 43. SYSTEM SERVICE PROVISION subscription TV From this law the Commission shall regulate the conditions of the contracts to be extended, requirements. tenders and signing new contracts to be. Each channel of a subscription television dealer, to forward trade other than those of origin, must undergo what regulates the National television Commission about it.
PARAGRAPH 1. . in order to promote the formalization of the service of subscription television, so that the National television Commission may well make the proceeds of the rights which belong to the State and to ensure that the copyright agreement are respected national legislation and international agreements on the matter and in order that this entity can regulate and control the quality of such service effectively, within three (3) days following the effective date of this law months, the national Commission television should develop and implement a Plan of Promotion and Standardization of Subscription television Service Wired to within five (5) years, which should consult, in addition to the general terms of this law, the following guidelines:
The plan will promote priority, the creation of zonal and municipal or local services, according to the census population in the last census conducted by DANE in the year 1993.
1. Zonal level
From the effective date of this law, the following areas for the provision of subscription television service are created:
a) Northern Zone, comprising the departments of Atlantico, Bolivar, Cesar, Cordoba , Guajira, Magdalena, San Andres and Providencia and Sucre;
B) Central Zone, comprising the departments of Amazonas, Arauca, Boyaca, Caqueta, Casanare, Cundinamarca, Guainía, Guaviare, Huila, Meta, Norte de Santander, Putumayo, Santander, Tolima, Vaupés, Vichada and the Capital District Santa Fe de Bogota;
C) Western Zone, comprising the departments of Antioquia, Caldas, Cauca, Chocó, Nariño, Quindio, Risaralda and Valle del Cauca.
In each of the areas mentioned above and considering the total population, the National Television Commission awarded a grant per 3.000.000 inhabitants.
Zonal level Borrowers may be extended to other areas and cover the entire territory, provided they have met the programs set out the National Television Commission in the context of the respective public tender.
2. Municipal or District level
a) a concession in municipalities with a population less than one million (1,000,000) people will be awarded;
B) will be awarded to two concessions in municipalities or districts whose population is between one million (1,000,001) and three million (3,000,000) people;
C) shall be awarded three concessions in municipalities or districts with a population of three million (3,000,000) people. Effective Jurisprudence
. Until the date of transfer of the contracts to the National Television Commission, dealers closed service or subscription television, continue canceling the compensation referred to in Article 49 of Law 14 of 1991.
If the Commission decides to extend such contracts having satisfied the contractual conditions for the event and meet the policy objectives that trace such autonomous entity, the Commission will receive the compensation set under identical conditions of new operators and allocate to promote public television. PARAGRAPH 3.
. Current subscription television licensees will continue to provide the service under the conditions agreed in their contracts. If they wish to provide service at the zonal level, shall be subject to the requirements established by the National Television Commission in the respective public tender.
Article 9. . Article 44 of Law No. 182 of 1995 will read:
public or private persons who are licensees of value-added services and telematic and are therefore legally authorized to provide telecommunications services may operate in competition, service cable television, through public tender procedure for the National television Commission, subject to the rules laid down in this law and must additionally cancel fees and rates set by the Commission for television operators cable subscription.
PARÁGRAFO. Fees and charges for this concept are collected from public telecommunications companies, they will be transferred to the regional channel operating in the respective local authority.
ARTICLE 10. Article 49 of Law 182 of 1995 will read:
All concession contracts to be concluded after the effective date of this law shall be awarded by two-thirds of the Board National Television Commission and the Commission may delegate his signature to the Director of the entity.
The duration of the concession contracts spaces TV national channels of public operation, which are awarded for general programming and newscast production from January 1, 1998, it shall be six (6) years, according with the regulations issued by the National Television Commission for effect. Editor's Notes
In any case the concession contracts of public television spaces are extended. Editor's Notes
In addition to the grounds for revocation provided by law, will result in the termination of the contract and payment of the pecuniary penalty clause, those grounds agreed by the parties.
Until January 1, 1998, the registration of concessionaires television spaces Law 14 of 1991 refers to, it will remain managed by the National Institute of Radio and Television. From this date, dealers with existing contracts, must be entered in the register only TV service operators referred to in paragraph a) of article 48 of Law 182 of 1995. For this purpose, must submit Inravisión information corresponding to the National Television Commission.
The National Television Commission shall determine the conditions, requirements, mechanisms, and procedures must meet the aspiring dealers spaces TV taking into account this criteria ensuring equal opportunities in access television services, media pluralism and avoid monopolistic practices and improper exploitation of dominant market positions.
PARÁGRAFO TRANSIENT. Without prejudice to the provisions of this Act relating to concession contracts spaces currently existing commercial national channels, awarded through competitive bidding number 01 1994 01 1995 01 1996, the terms originally agreed will be respected for its term without any extension option. Effective Jurisprudence
ARTICLE 11. Private television service operators must reserve 5% of its programming for presenting programs of public and social interest. One of these spaces will go to the Ombudsman's Televidente. Televidente The Ombudsman shall be appointed by each private TV service operator. Effective Jurisprudence
ARTICLE 12. The second paragraph of Article 55 of Law No. 182 of 1995 will read:
The regulations issued by the National Television Commission regarding the time of the institutional spaces must be made within three ( 3) months after the effective date of this law.
Case of commercial television and public television, social, recreational and cultural interest, the system should include captioning or sign language to ensure access to this service to the deaf or hearing problems. The regulations for this population must be issued by the Board of the National Television Commission a term not exceeding 3 months from the enactment of this law.
ARTICLE 13. Article 56 of Law 182 of 1995 will read:
From 1 January 1998, the television service will be provided at the national level by national public channels and channel operation national private operation.
Dealers private national channels Corporations operation must be a minimum of three hundred (300) shareholders. Such companies must register their shares in the stock exchanges.
Who participates as a partner in a private national channel operation, may not be dealer in the National Channels public operation, or operator Regional Channels contractor or operator or contractor of local television stations.
For the sake of democratization of access to the electromagnetic spectrum and without prejudice to concession contracts existing television spots, no dealer in national private channels operation or beneficial owner of the investment of these in terms Article 52 of Law 182 of 1995, may be a dealer at a different territorial level this information, or participate directly or as real beneficiary of the investment in the terms mentioned in the capital of any company providing service in a different territorial level than held.
Similarly no one can be awarded more than one concession within the territorial level that has been assigned.
Whoever dealer in a chain may not be in another, either directly or through an intermediary.
No it may give dealers television spots more than twenty five percent (25%) and no less than seven point five percent (7.5%) of total hours given in concession in the respective chain. Effective Jurisprudence
ARTICLE 14. Article 60 of Law 182 of 1995 will read:
Inravisión The Administrative Board and the Boards Regional Administrators continue to fulfill the functions that do not contravene the provisions of this Act and, in general, of address of the entity, in accordance with the respective standards.
From the effective date of this Act, the Administrative Board will consist Inravisión thus:
a) The Minister of Communications or his delegate, who will preside;
B) The Minister of Education or Deputy Minister in the industry;
C) The legal representative of the National Telecommunications Company or its delegate;
D) The representative of the highest government body specialized in the promotion of culture;
E) A delegate of the Board of the National Television Commission;
F) A delegate dealerships television spots;
G) A delegate appointed by Inravisión workers themselves;
The Director of the entity in its own right to attend the board meetings, with voice but no vote. Effective Notes
From the Regional Board Administrator will be part, in addition to those determined in their statutes:
A member of the Board of the National Television Commission or its delegate.
The Regional Administrative Board will be chaired by one of its members, according to what its statutes.
The Regional Administrative Board shall be responsible for awarding contracts session allowances, production and coproduction of information-news and opinion programs.
ARTICLE 15. Article 61 of Law 182 of 1995 will read:
In addition to the functions currently assigned to it, the Company Audiovisual Information will be up by ministry of law and from the date the latter comes into force, produce individually or jointly with Inravisión programming Three or Signal Chain Colombia.
Concessionaire will also Audiovisual commercial channels Inravisión. Likewise, the Company Audiovisual Information will continue until December 31, 1997, exploiting the spaces television channels currently has
One and A. Once a reverse these Inravisión, the Board of the National Commission television, proceed to award contracts by public tender procedure.
. The cultural program of the Society of Information Audiovisual and Inravisión, must be based on a broad concept of it.
Therefore not only be cultural programs produced by such institutions which are related to the dissemination of scientific knowledge, philosophical, academic, artistic, or popular, but also those whose content is intended to raise the human or social development inhabitants of the country or strengthen their cultural identity or propender for the preservation of democracy and national coexistence.
The, recreational or competition aimed at the child audience, sports programs will be considered cultural if its contents meet the requirements of this paragraph. PARAGRAPH 2.
. In any case programs Colombia Three or signal chain may receive contributions, collaborations, sponsorships and endorsements, in accordance with the regulations issued by the National Television Commission. In the case of transmissions of special cultural and recreational events in this chain, the rules provided for marketing in Chains One and A Inravisión, without prejudice to the object of Signal Colombia apply. Effective Notes
ARTICLE 16. Article 62 of Law 182 of 1995 will read:
The National Institute of Radio and Television is a partnership between public entities, organized as Industrial and Commercial company formed by the Nation State, through * Ministry of Communications, Telecom and Colcultura. It must target the operation of the public service of the National Radio and Television. It also corresponds to Inravisión determining the programming, production, performance, transmission, emission and exploitation of Cultural and Educational Television in the terms of this Act.
Inravisión will have budgetary and administrative autonomy in accordance with their legal nature, and development of its objects may constitute each other or with other corporations, domestic or foreign individuals, companies or associations to comply with the activities falling within their objectives, according to the law of its creation and authorization and their respective statutes.
The heritage Inravisión shall consist among others that which currently corresponds by contributions from the national budget and transfers granted the National Television Commission.
Such transfers shall be made periodically every forty-five (45) days and shall in no case be lower in constant transferred to the immediately preceding period pesos.
As resources from taxes, fees and product rights concession contracts television space and resources it receives for contracts and special concessions under this Act, the National Television Commission will transfer to Inravisión the amount necessary and sufficient for the operator to fulfill and develop fully its object. Quarterly
CNTV sent to the honorable Sextas Commissions Senate and House of Representatives a detailed list of transfers. If the honorable Commissions encontrasen that transfers subject of this article are not sufficient, it shall exercise on the National Television Commission the respective political control.
Signal Canal Cultural, Educational and Recreational State or signal of Inravisión Colombia, will be character and national coverage in the bands that offer the best technical conditions of quality and coverage. Editor's Notes
Unless the Executive Director, the Secretary General, the Assistant Directors, Heads of Division Office, other officials will continue as officers and employees shall enjoy the protection that the Constitution and this law gives them.
Inravisión income received in accordance with Article 21 of Law 14 of 1991, will be used to promote modernization and strengthening channels of public interest. PARAGRAPH 1.
. Inravisión be responsible for determining the programming of Channel Signal Public Interest or Colombia. Effective Jurisprudence
. Dealers operating private national channels must allocate one point five percent (1.5%) of the annual gross turnover for the development fund public television, and will be payable quarterly. Effective Jurisprudence
Previous award of frequencies by the Ministry of Communications * and without prejudice to the provisions of Article 28 of Law 182 of 1995, the CNTV taking into account relevant studies, will decide the final reordering of the electromagnetic spectrum and can make changes within VHF bands, but in any case without diminishing the conditions that have public television operators to the effective date of this law, subject to the approval of the Ministry of Communications. Effective Notes
ARTICLE 17. In order to establish the real and effective level playing field for dealers and operators of public television service in the different levels of territorial coverage in compliance with the constitutional principles of equality before the law and access to the electromagnetic spectrum, the National television Commission opens public tender for the award of public television spaces, six (6) months before their respective maturities.
Dealers spaces TV with existing contracts, have the power to waive the concession has been granted to them and proceed to the early termination of contracts without any place to any compensation for this concept. The respective spaces will be awarded through public bidding which will open the National Television Commission, within three (3) months following such waivers, if dieren. Editor's Notes
PARÁGRAFO. The National Television Commission shall determine the conditions, requirements, mechanisms and procedures must meet the aspiring dealers spaces television referred to in this Article taking into account this criteria ensuring equal opportunities in access to TV services and avoid monopolistic practices and improper exploitation of dominant market positions.
PARÁGRAFO TRANSIENT. The National Television Commission issued the transitional regime under which current television licensees must give up their space if any of them is awarded a national channel private operation, or a local television station in order to prevent it can operate simultaneously two concessions. Editor's Notes
ARTICLE 18. The National Television Commission will file reports and documents with dealers and operators as it deems necessary, which will be available to the Sixth Committees of the Senate and House of Congress if they so request. Failure to fulfill this function and control information by the National Television Commission, will lead to sanctions provided for by law in connection with the failure of public functions and misconduct.
ARTICLE 19. The National Television Commission will assign a national television coverage for the Congress
Dealers public subscription television service and community non-profit television must reserve a channel exclusive to transmit the signal channel originating the Congress.
The signal caused by the Canal Congress will be uploaded to the satellite reception by anyone.
PARÁGRAFO. While entering the operation and functioning TV Station Congress, Colombia Sign Channel or Public Interest will continue to transmit the sessions of Congress.
ARTICLE 20. The issue Cadena Tres Educational Television, according to the schedule defined by Inravisión, in accordance with the guidelines of the Ministry of National Education and the tasks set for the National Television Commission.
It will include programs of formal and informal formal education, labor education, high school that currently reports the National Radio of education to populations and education environment for children, youth and adults, regardless of race, religion and social status.
Similarly, fashion chains One and A cede space to government institutions for the issuance of programs aimed at educating citizens, especially in areas of health, education, public services, cultural development, human rights and economy solidarity. For this, the National Television Commission will hear the proposals of the National Government and give priority to these programs.
. The budget allocations necessary for the implementation of the programs referred to in this article shall be in accordance with what for such purposes in the National Development Plan, and considering proposals for their expenditure budgets and for such purposes present the Communications ministries of National Education, the Directorate General of Inravisión and the National Television Commission. PARAGRAPH 2.
. The State guarantees ethnic groups permanent access the use of the electromagnetic spectrum and public telecommunications services and mass media of the state, creating their own media in its various forms and the realization of the Development Plan for ethnic groups, with equity, recognition of positive differentiation, equal opportunities and distributive justice according to the legislation of the Communities in order to ensure their ethnic, cultural rights and integral development.
ORDAINED the Ministry of Communications * and the National Television Commission that from one month sanctioned the law, issued in particular the legal mechanisms necessary for this purpose according to the laws of ethnic groups. Effective Notes
ARTICLE 21. The satellite TV service called (DBS) or direct home television, or any other name that is used for this system, should be paid by permit issued by the National Television Commission and under the rules for such effect that entity set. When using this system other telecommunications services rendered prior authorization from the Ministry of Communications * are required. Effective Notes
In any case whatever the regulatory or permit will always cause the payment of fees, rates and fees specified in the National Television Commission for subscription television service as well as the fulfillment of the obligations determined. Effective Jurisprudence
ARTICLE 22. It is understood that mandatory compliance with constitutional principles and purposes of the television service to which Article 2 refers. Law 182 of 1995, as they are among others equal opportunities in access to the electromagnetic spectrum for the provision of public service television, media pluralism and truthfulness, impartiality and objectivity of the information disseminated. Therefore, both the National Television Commission as dealers and operators of television service, strictly observe these purposes and principles, the rules contained in this law and other constitutional and legal provisions on the subject.
In particular, taking into account the high social responsibility involving the activities of news and opinion programs, dealers or service operators in these activities must fully meet the above principles and purposes of the television service.
ARTICLE 23. For purposes of interpretation of Law 182 of 1995, whenever it is in its text the word "channel or channels Zonal Zonal", understand that this is National Private Channel Operation. Similarly when the law refers to national channels, it should be understood that this is National Public Operation channels, that is, those that consist of dealerships television spots.
ARTICLE 24. Article 22 of Law 182 of 1995 will read:
service classification based 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;
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.
ARTICLE 25. Journalism shall enjoy protection to guarantee its freedom and professional independence. Effective Jurisprudence
- Content programming 250
- quality programming 300
- Compliance with contractual obligations 350
- Experience 100
Without prejudice to other grounds provided by law and contractual provisions, contracts which do not receive eighty percent (80%) of the indicated score or who have not obtained at least 200 points for the line item content, and at least 300 points for the line of fulfillment of contractual obligations shall be subject to declaration of forfeiture, meaning that non-compliance with these conditions seriously affects and direct the execution of the contract in a way that leads to their paralyzation.
PARÁGRAFO. In contracts for carrying news and opinion programs, will be evaluated and graded the line of content based on the criteria of informational balance, accurate, impartial and objective information, social responsibility of the media and public interest override on private.
Effective Decisions Legislation Previous
ARTICLE 27. For the proper provision of public service television, the stretch between 7 am and 9:30 pm will be for programs suitable for all audiences. If one of these provisions of Decree 2737 of 1989 (Juvenile Code) or any law that protects the rights of children, youth and family is violated, the National Television Commission shall impose sanctions, depending on the severity of Indeed, since the temporary suspension of the program until the cancellation. Effective Notes
ARTICLE 28. Revoke
Articles 11, Article 36, paragraph the 2nd .; Article 37, paragraph the 2nd .; Article 38, Article 39, Article 40 and Article 50 of Law 182 of 1995. Overall repealing and amending the laws and regulations that are contrary to the provisions of this law. In matters not covered by this law shall apply in Laws 14 and 182 1991 1995. Effective Jurisprudence
Article 29. This Act shall apply from the date of its enactment and promulgation. Effective Jurisprudence
The President of the honorable Senate
LUIS FERNANDO LONDOÑO CAPURRO
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 20 December 1996.
Ernesto Samper Pizano Minister of Communications,
SAUL GOMEZ GROVE