Official Journal No. 42,946 of 24 December 1996
by which Law 14 of 1991 and Law 182 of 1995 are partially amended, private television is created in Colombia and other provisions are dictated.
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, as follows:
(a) Two (2) members shall 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) A member (1) member of the leagues and associations of parents, leagues of associations of television 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 Registry of the Civil State 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 who were elected and appointed their members.
ARTICLE 2o. The holder of the Ministry of Communications * may attend the sessions of the Board of Directors of the National Television Commission with a voice but without a vote. For this purpose, the Secretary of the Board will quote the Minister in advance and will send the list of the topics to be discussed.
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 that he exercises as a member of the Board, the legal representation of the National Television Commission corresponds to him and he shall have the other powers provided for in the statutes.
PARAGRAFO. Prior agreement between the parties, the television service dealers may use, if technically possible, the telecommunications and electrical energy networks of the State or the public service companies, as well as the infrastructure corresponding to posts and ducts, for laying and driving the cables necessary for transporting and distributing the television signal to the user of the service.
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.
ARTICLE 5o. The National Television Commission will regulate the audience slots and will set the number of hours of daily broadcast to public and private television dealers, in order to guarantee their equality of competition and to comply fully with the public television service ends and services.
a) National production: It is understood by national productions of the programs of any kind, carried out in all its stages by Colombian artistic and technical staff.
The participation of foreign artists will be allowed as long as the normativity of their country of origin allows the hiring of Colombian artists.
The National Television Commission will regulate the maximum percentage of foreign people who can participate in the dramatized programs, for the purpose of considering national production.
Santa Fe 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 will also be able to partner with other contiguous departments and with state telecommunications entities of any order and the area of coverage of the canal will include the main address of these.
" ARTICLE 43. SCHEME FOR THE PROVISION OF THE TELEVISION SERVICE BY SUBSCRIPTION. From this law, the Commission shall regulate the conditions of contracts to be extended, the requirements of invitations to tender and new contracts to be concluded. Each channel of a subscription-based television dealership, which transmits commercial channels other than those of origin, must be submitted to the National Television Commission in this respect.
PARAGRAFO 1o. In order to encourage the formalization of the provision of the television service by subscription, in such a way that the National Television Commission can thus carry out the collection of the rights that correspond to the State and to ensure that respect copyright in accordance with national law and international agreements on the subject matter and in order for this entity to regulate and control the quality of such service effectively, within three (3) months of the following The National Television Commission will have to develop and implement a Plan of Promotion and Standardisation of the Television Service for Cabled Subscription within five (5) years, which should consult, in addition to the general mandates of this law, the following guidelines:
The plan will promote priority, the creation of zonal and municipal or district services, according to the population censured in the last census produced by the DANE in the year of 1993.
1. Zonal Level
As of the current law, the following areas are created for the provision of the television service by subscription:
a) North Zone, composed of the Departments of Atlantico, Bolivar, Cesar, Cordoba, Guajira, Magdalena, San Andrés and Providencia and Sucre;
b) Central Zone, composed of the Departments of Amazonas, Arauca, Boyaca, Caqueta, Casanare, Cundinamarca, Guainia, Guaviare, Huila, Meta, Norte de Santander, Putumayo, Santander, Tolima, Vaupes, Vichada and the Capital District of Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe de Santa Fe Bogotá;
c) Western zone, composed of the Departments of Antioquia, Caldas, Cauca, Choco, Narino, Quindio, Risaralda and Valle del Cauca.
In each of the above areas and considering its total population, the National Television Commission will award a concession for every 3,000,000 inhabitants.
Borrowers of the zonal level will be able to extend to other areas and cover the entire territory, as long as they have complied with the programs proposed to the National Television Commission in the context of the respective bidding process. public.
2. Municipal or District Level
a) A concession shall be awarded in municipalities whose population is less than one million (1,000,000) inhabitants;
b) Up to two concessions shall be awarded in municipalities or districts whose population is between one million one (1,000,001) and three million (3,000,000) inhabitants;
c) Up to three concessions will be awarded in municipalities or districts whose population exceeds three million (3,000,000) inhabitants.
PARAGRAFO 2o. Until the date of the transfer of contracts to the National Television Commission, the closed or subscription television service dealers will continue to cancel the compensation referred to in the Article 49 of Law 14 of 1991.
If the Commission decides to extend such contracts because the contractual conditions for such an event have been met and to satisfy the objectives of the policies pursued by such an autonomous body, the Commission will receive the compensation it will set in the same conditions for new operators and will be used for the promotion of public television.
PARAGRAFO 3o. The current subscription TV dealerships will continue to provide the service in the agreed terms in their respective contracts. In the event that they wish to provide the service at the zonal level, they must be subject to the requirements established by the National Television Commission in the respective public tender.
Public or private persons who are licensees of value-added and telematic services and who are consequently authorized to provide legal services for telecommunications, may operate, in concurrency, cable television service, through the public tender procedure by the National Television Commission, subject to the rules provided for in this law and must additionally cancel fees and charges set by the Commission for cable subscription television operators.
PARAGRAFO. The fees and charges that are collected from public telecommunications companies for this concept will be transferred to the regional channel operating in the respective territorial entity.
All concession contracts to be concluded from the date of this law shall be awarded by the two-thirds of the Board of the National Television Commission and may delegate their signature to the Director of the National Television Commission. entity.
The term of the duration of contracts for the concession of television spaces in national public operating channels, which are awarded for general programming and for the realization of newscasts from 1 January 1998, will be six months. (6) years, in accordance with the regulations issued by the National Television Commission for the purpose.
In any case, public television space concession contracts are unextendable.
In addition to the grounds for revocation provided for in the law, they will result in the termination of the contract and the recovery of the pecuniary criminal clause, those caused by the parties.
Until January 1, 1998, the registration of concession companies for television spaces referred to in Law 14 of 1991 will continue to be handled by the National Institute of Radio and Television. From this date, dealers with existing contracts, must be registered in the single register of operators of the television service referred to in the literal (a) of article 48 of the Law 182 of 1995. For this purpose, Inravisión must submit the information corresponding to the National Television Commission.
The National Television Commission must determine the conditions, requirements, mechanisms, and procedures to be met by the applicants to be concessionaires of the television spaces, taking into account criteria that guarantee equal opportunities in the access of television services, information pluralism and the avoidance of monopolistic practices, as well as the misuse of dominant positions in the market.
TRANSIENT PARAGRAPH. Without prejudice to the provisions of this Law in relation to contracts for the granting of spaces in the commercial national channels currently in force, awarded by Public Tender Number 01 of 1994, 01 of 1995 and 01 of 1996, the terms originally agreed for its validity will be respected but without any option of extension.
ARTICLE 11. The private operators of the television service must reserve 5% of the total of their programming for the presentation of programs of public and social interest. One of these spaces will go to the Defensoria del Televident. The President will be appointed by each private operator of the television service.
The regulations issued by the National Television Commission in relation to the time of institutional spaces must be made within three (3) months of the current law.
Dealing with commercial television as on television of public, social, recreational and cultural interest, the system of subtitling or manual language must be included in order to guarantee the access of this service to people with problems hearing or deaf. The regulations for such population shall be issued by the Board of Directors of the National Television Commission in a term not greater than 3 months after the enactment of this law.
As of January 1, 1998, the television service will be provided nationally by national public operating channels and national private operating channels.
The concessionaires of the national private operating channels must be Companies Anonymous with a minimum of three hundred (300) shareholders. Such Companies must register their shares on the Stock Exchanges.
Who will participate as a partner in a private National Canal, will not be able to be a concessionaire in the National Channels of Public Operation, nor a contractor operator of the Regional Channels, nor an operator or contractor of local stations of television.
For the sake of democratisation in access to the use of the electromagnetic spectrum and without prejudice to existing television space concession contracts, no concessionaire in the national private operating channels or actual beneficiary of the investment of these under the terms of Article 52 of Law 182 of 1995, may be a concessionaire at a territorial level other than the one that holds, or participate directly or as a real beneficiary of investment in the above mentioned terms, in the capital of any company which provides the service at a territorial level other than that of the holder.
In the same way no one can be awarded more than one concession within the territorial level that has been assigned to it.
Who is a dealer in a chain cannot be a dealer in another chain, either directly or by person.
It will not be possible to give TV space dealers more than twenty-five percent (25%) or less than seven-point five percent (7.5%) of the total number of hours given in the respective chain.
The Board of Directors of Inravisión and the Regional Administrative Boards will continue to fulfill the functions that are not contrary to the provisions of this Law and, in general, to the management of the entity, in accordance with the respective rules.
As of the validity of this Law, the Board of Directors of Inravision will be formed as follows:
(a) The Minister of Communications or his delegate, who shall preside over it;
b) The Minister of Education or the Deputy Minister of the Industry;
(c) The Legal Representative of the National Telecommunications Company or its delegate;
d) The representative of the government's top specialist in the promotion of culture;
e) A delegate of the Board of Directors of the National Television Commission;
f) A delegate of television space dealerships;
g) A delegate of the Inravision workers designated by themselves;
The Director of the entity shall attend in his own right to the meetings of the Board, with a right to a voice but without a vote.
From the Regional Board of Directors, in addition to the persons to be determined in their statutes:
A member of the Board of Directors of the National Television Commission or its delegate.
The Regional Administrator Board shall be chaired by one of its members, in accordance with the determination of its statutes.
The Regional Administrative Board will be responsible for the award of the contracts for the issue of broadcasting rights, production and co-production of information and opinion programs.
In addition to the functions that are currently assigned to you, the Audiovisual Information Company will be responsible for the Ministry of the Law and from the date on which it is to govern, to produce individually or jointly with Inravisión. the programming of Cadena Tres or Senal Colombia.
Equally Audiovisual will be concessionary in the commercial channels of Inravisión. Likewise, the Audiovisual Information Company will continue until December 31, 1997, exploiting the television spaces it currently has in channels One and A.
Once they have reversed Inravisión, the Board of Directors of the National Television Commission will proceed to award them through the public tender procedure.
PARAGRAFO 1o. The cultural programming of the Audiovisual Information Company and Inravision, must be based on a broad concept of this.
Consequently, not only will the programs produced by these entities be cultural, which are related to the dissemination of scientific, philosophical, academic, artistic, or popular knowledge, but also those whose content has the The purpose of the project is to increase the human or social development of the inhabitants of the national territory or to strengthen their cultural identity or to promote the preservation of democracy and national coexistence.
Sports programs, recreational programs or those intended for the children's audience, will be considered cultural if their contents meet the requirements set forth in this paragraph.
PARAGRAFO 2o. In any case, the programs of the Tres or Senal Colombia chain will be able to receive contributions, collaborations, sponsorship and sponsorships, 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 for marketing in Cadenas Uno and A de Inravisión will apply, without prejudice to the object of Senal Colombia.
The National Institute of Radio and Television is a society among public entities, organized as an Industrial and Commercial Company of the State formed by the Nation, through the Ministry of Communications *, Telecom and Colcultura. It will be the subject of the operation of the public service of National Radio and Television. Likewise, the determination of the programming, production, realization, transmission, emission and exploitation of the Cultural and Educational Television in the terms of this Law is the responsibility of Inravisión.
Inravision shall have budgetary and administrative autonomy in accordance with its legal nature, and in the development of its social object may constitute among itself or with other natural legal persons, national or foreign, societies or associations intended to carry out the activities within their objectives, in accordance with the law of their creation and authorization and their respective statutes.
estate of Inravisión will be constituted among others by the one that currently corresponds to the contributions of the national budget and the transfers granted to it by the National Television Commission.
Such transfers will be made on a regular basis every forty-five (45) days and in no case may be lower in constant weights than transferred in the period immediately preceding.
In terms of the resources accruing from the fees, tariffs and duties resulting from contracts for the award of television spaces, as well as the resources that it receives for special contracts and concessions provided for in this law, the Commission National Television shall transfer to Inravisión the necessary and sufficient quantity to enable the operator to comply and to carry out his/her object.
Quarterly the CNTV will send the honorable Senate and House of Representatives Committee a detailed account of the transfers. If the honorable commissions find that the transfers of this article are not sufficient, they will proceed to exercise on the National Television Commission the respective political control.
The Signal of the Cultural, Educational and Recreational Channel of the State or Senal Colombia of Inravisión, will be of character and national coverage in the bands that offer the best technical conditions of quality and coverage.
Except the Executive Director, the Secretary General, the Deputy Directors, the Heads of Office and Division, the other officials shall remain as official workers and shall enjoy the protection provided by the Constitution and this law.
The revenue received by Inravisión pursuant to Article 21 of Law 14 of 1991 will be used for the promotion, modernization and strengthening of public interest channels.
PARAGRAFO 1o. Inravision will be responsible for determining the Public Interest Channel or Senal Colombia programming.
PARAGRAFO 2o. Private operating national channel dealerships must allocate one point five percent (1.5%) of the annual gross billing for the Public Television Development Fund, and will be payable quarterly.
Prior to the granting of the 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 the relevant studies, will decide on the final reordering of the electromagnetic spectrum, being able to make changes within the VHF bands, but in any case without improving the conditions that public television operators have for the duration of this law, prior to the approval of the Ministry of Communications.
ARTICLE 17. In order to establish the real and effective level playing field for the concessionaires and the operators of the public television service at the different levels of territorial coverage, in compliance with the constitutional principles The National Television Commission will open public tender for the award of public television spaces, six (6) months before their respective maturities.
Television space dealers with existing contracts will have the power to waive the concession granted to them and to proceed with the early termination of the contracts without any compensation for this. concept. The respective spaces shall be awarded by a public tender, which shall be opened by the National Television Commission, within three (3) months of such resignations, if they are made.
PARAGRAFO. The National Television Commission shall determine the conditions, requirements, mechanisms and procedures to be complied with by applicants to be dealers in the television spaces covered by this Article having in The Commission is also aware of the need to ensure equal opportunities in access to television services and to avoid monopolistic practices, as well as the misuse of dominant positions on the market.
TRANSIENT PARAGRAPH. The National Television Commission will issue the transitional regime according to which the current television dealerships will have to give up their spaces in case any of them result. the successful tenderer of a national private operation channel, or of a local television station in order to prevent two concessions from operating at the same time.
ARTICLE 18. The National Television Commission will carry a file with the reports and documents of the dealers and operators it deems necessary, which will be available to the Comisiones Sextas de Senate and House of the Congress of the Republic when they so request. The failure to comply with this information and control function by the National Television Commission will give rise to the penalties provided by the law in relation to the omission of public functions and misconduct.
ARTICLE 19. The National Television Commission will assign a national coverage television channel for the Congress of the Republic
The concessionaires of the public service of television subscription and community television without profit, must reserve an exclusive channel to transmit the signal that the channel of the Congress of the Republic originates.
The signal originated by the Congress Channel will be uploaded to the satellite, with reception by anyone.
PARAGRAFO. while the television channel of the Congress of the Republic, Senal Colombia, or the Public Interest Channel is operating and operating, it will continue to broadcast the sessions of the Congress of the Republic.
ARTICLE 20. The Three Chain will issue the Educational Television, according to the programming defined by Inravision, in accordance with the guidelines of the Ministry of National Education and the established for the National Television Commission.
It will include formal and informal formal education, work education, baccalaureate programs currently reported by the National Radio for Education to Population and Education on the Environment, aimed at children, youth and adults, without distinction of race, religion and social status.
In the same way, chains One and A will give space to government institutions for the issuance of programs aimed at educating citizens, especially in areas of health, education, public services, and development. cultural, human rights and solidarity economy. To this end, the National Television Commission will hear the proposals of the National Government and give priority to these programs.
PARAGRAFO 1o. The budgetary allocations required for the implementation of the programmes referred to in this Article shall be made in accordance with the provisions of the National Development Plan for this purpose; and In the light of the proposals for their expenditure budgets, the Ministries of Communications of National Education, the Directorate General of Inravision and the National Television Commission will be present for such purposes.
PARAGRAFO 2o. The State will guarantee to ethnic groups permanent access to the use of the Electromagnetic Spectrum and to the public services of Telecommunications and Mass Media of the State, the creation of its own means of communication in its different modalities and the implementation of the Development Plan for ethnic groups, with equity criteria, recognition of positive differentiation, equal opportunities and distributive justice in accordance with the legislation of the Communities in order to guarantee their rights ethnic, cultural and integral development.
Order the Ministry of Communications * and the National Television Commission to issue in a special way the legal mechanisms necessary for this effect according to the laws of the ethnic groups.
ARTICLE 21. The satellite television service called (DBS) or direct-to-home television, or any other denomination used for this system, shall be provided by permission granted by the National Television Commission and under the rules that for this purpose the said entity establishes. When other telecommunications services are provided through this system, prior authorization from the Ministry of Communications *will be required.
In any case, any regulation or permission will always cause the payment of the fees, charges and fees that the National Television Commission for the subscription television service points out, as well as the compliance of the obligations to be determined.
ARTICLE 22. It is understood that compliance with the constitutional principles and the purposes of the television service referred to in the article 2o. of the Law 182 of 1995, as are among others equal opportunities in access to the electromagnetic spectrum for the provision of public television service, information pluralism and the veracity, impartiality and objectivity of the information that is spread. Consequently, the National Television Commission, as well as the dealers and operators of the television service, shall strictly observe those purposes and principles, the rules contained in this law and the other provisions constitutional and legal on the matter.
In particular, and taking into account the high social responsibility carried out by the activities carried out by newscasts and opinion programmes, the dealers or operators of the service in these activities, must attend to the mentioned principles and aims of the television service.
ARTICLE 23. For the purposes of the interpretation of Law 182 of 1995, whenever the expression "Zonal Canal or Zonal Channels" is found in its text, it is understood that it is National Channels of Private Operation. Similarly, when the law refers to national channels, it should be understood that it is the National Channels of Public Operation, that is, the ones that are constituted by the television space concessionaires.
Classification of service based on your level of coverage. The National Television Commission will define, and classify the service as follows:
1. According to the country of origin and destination of the token:
a) Television International. It refers to television signals that originate outside the national territory and that can be received in Colombia or that which originates in the country and which can be received in other countries;
b) Colombian television. It is the one that originates and receives within the national territory.
2. Because of their level of territorial coverage:
a) National television of public operation. Refers to television signals operated by Inravisión or the relevant public body, authorised to cover the entire national territory;
b) National private operation television. It is authorised as a private alternative and open to the public to permanently cover the needs of the service and the efficient and competitive provision 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, provided that it does not exceed the scope of the same Municipality or District, Metropolitan area, or Association of Municipalities;
e) Non-profit 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.
Who participates in the capital of a private local television station, will not be able to participate in the provision of the television service of public or private channels of operation.
The journalistic activity will enjoy protection to guarantee your freedom and professional independence.
-Content of 250 programming
-Quality of the 300 programming
-Compliance with contractual obligations 350
Without prejudice to other grounds provided for in the law and in the contractual provisions, contracts which do not obtain eighty per cent (80%) of the indicated score or which have not obtained at least 200 points for the line of content, and At least 300 points for the performance of the contractual obligations must be declared as a declaration of revocation, it being understood that failure to comply with these conditions seriously and directly affects the performance of the contract such that it leads to its standstill.
PARAGRAFO. In contracts for the conduct of newscasts and opinion programmes, the content of the content according to the information balance criteria, truthful, impartial and objective information, social responsibility of the public, will be evaluated and qualified. means of communication and pre-eminence of the public interest on the private.
ARTICLE 27. Minor > For the proper delivery of the public television service, the range between 7 a.m. and 9:30 p.m. must be for programs suitable for all audiences. If one of them is in violation of the provisions of Decree 2737 of 1989 (Minor Code) or any law that protects the rights of children, young people and the family, the National Television Commission impose sanctions, depending on the seriousness of the event, from the temporary suspension of the program to the cancellation of the program.
ARTICLE 28. Repeal items 11, item 36, numeral 2o.; article 37, numeral 2o.; item 38, article 39, article 40 , and article 50 of Act 182 of 1995. In general, laws and regulations which are contrary to the provisions of this Law shall be repealed and amended. In matters not covered by this law, the provisions of Laws 14 of 1991 and 182 of 1995 shall apply.
ARTICLE 29. This Law shall govern from the date of its sanction and promulgation.
The President of the honorable Senate of the Republic
LUIS FERNANDO LONDONO CAPURRO
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Publish and execute.
Dada en Santa Fe de Bogotá, D. C., at 20 December 1996.
ERNESTO SAMPER PIZANO
The Minister of Communications,