ACT 680 OF 2001
(August 8) 44,516
Official Journal of 11 August 2001
Whereby Law 14 of 1991 amending, 1995 182, 1996 335 and dictate other provisions Television on summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Article 34 of Law 182 of 1995, will read: foreign investment is permitted on television concession whatever its territory by up to forty percent (40%) of the total capital of the concessionaire.
The country of origin of the investor must offer the same possibility of investment Colombian companies on a reciprocal basis and will imply a transfer of technology that, according to the analysis carried out the National Television Commission, contribute to the development of national television industry.
Foreign investment can not be made through companies with bearer shares. investment of a company whose partners are companies with bearer shares will be accepted.
. Since the enactment of this law, dealers spaces of national channels of public operation, as long as they or their partners do not have equity participation in private channels, they may merge, forming consortia or create new legal entities may absorb concessions from its partners, prior authorization of the National Television Commission, provided they are current on their obligations to the respective entity. PARAGRAPH 1.
. In any case the companies resulting from mergers, partnerships or new companies that provides this article shall be subject to the limitations and restrictions set out below:
a) Effective Notes
B) No natural or legal person, you may be part directly or indirectly more than a concession and be part of more than one channel;
C) Effective Notes
. The authorization provided in this article, to merge, forming consortia or create new legal entities, and their application in no case may involve the operation, characteristics and nature of concession contracts spaces can be approved or be equivalent to those of a channel private operation under Laws 182 of 1995 and 335 of 1996. PARAGRAPH 3.
. In state contracts equality or equivalence between rights and arising at the time of proposing or contract obligations as the case may be maintained. If this equality or equivalence breaks through no breach who is affected, the parties will adopt as soon as possible the necessary measures for its restoration. Effective Notes
ARTICLE 3. Since 2004, grants to be awarded through competitive bidding in national public channels operation will last 10 years. Editor's Notes
ARTICLE 4. Article 33 of Law 182 of 1995 will read:
Each operator and dealer open spaces in national coverage television channels must meet the following minimum quarterly percentages of nationally produced programming:
a) Channels national
from 19:00 to 22:30 hours (triple a), 70% of the programming will be domestic production.
22:30 hours to 24:00 hours, 50% of the programming will be produced domestically.
From 00:00 hours to 10:00 hours, 100% of the programming will be free.
10:00 hours to 19:00 hours will be 50% domestically produced programming.
PARÁGRAFO. On Saturdays, Sundays and holidays the percentage of domestic production will be at least 50% in primetime;
B) regional channels and local stations.
In regional channels and local stations broadcast programming of national production should be 50% of total programming.
For the purposes of this law the following definitions shall be established:
a) National Production. It is understood by those national origin productions of any kind made at all stages by Colombian artistic and technical staff, with the participation of national actors in leading roles and distribution. The participation of foreign players will not alter the character of national long as it does not exceed 10% of the leading roles;
B) Participation of foreign artists are permitted provided that the regulations of their country of origin allow the hiring of Colombian artists;
C) Co. It means coproduction, one where national participation in the artistic and technical areas is not less than that of any other country.
The breach of these obligations will lead to the imposition of sanctions by the National Television Commission (CNTV), which according to the seriousness and recidivism may include suspension of service for a period of three (3) to six (6) months after the declaration of the respective concession expiration without prejudice to any legal action that may be required and the breach of the rule and principles of due process.
ITEM. Within the effective date of this Act thirty working days, the National Television Commission must prepare regulations setting out the conditions and limits within which dealers national channels private operation, dealers spaces national channel operation contractors public and local and regional television replays can perform programming.
ARTICLE 6o. is authorized, the National Television Commission (CNTV) and the management boards of the regional channels so that, within three (3) months after the effective date of this law, review, modify and restructure existing contracts with private operators, with dealers in areas of national channels of public operation, as well as contractors of other forms of public television service in terms of reducing rates, payment, compensatory addition of the term of contracts and other aspects leading to the normal provision of public service television.
PARÁGRAFO. For purposes of restructuring the rates provided in this article abrogate the literal g) of article fifth (5th) of Law 182 of 1995.
Similarly, the National Television Commission. - CNTV - should take into account the changes in both supply and potential demand for advertising in television.
Other dealers TV service will also be holders of the resignation and the early termination of contracts authorized by Article 17 of Law 335 of 1996
In the concession contracts for public service television subscription, the provisions governing tariffs, duties, compensation and fees for telecommunication services, established in the Unified for fixing Tradeoffs regime to be applied as appropriate Please state for broadcasting services without exceptions and differences. When decreases in costs for concession contracts are given, these lower values should be reflected in benefits for users. Effective Jurisprudence
ARTICLE 7. The National Television Commission may contract prior objective selection process with consortia or temporary unions formed by those who are registered in the single register of operators of the television service, granting all or part of the television spots whose contracts are subject of declaration of forfeiture or are terminated pursuant to the second paragraph of Article 17 of Law 335 of 1996. in any case these contracts expire on 31 December 2003.
ARTICLE 8th. Since 2004, no dealer will have less than 11% of the triple spaces AA, awarded in each national public channel operation. Also, spaces are allocated on the slots that are determined by the National Television Commission.
Article 9. Public and private operators are entitled, equal to the replacement of frequencies necessary to broadcast its signal free of charge, in the event that the decision of competent authority a restructuring of the assigned pana service public occurs broadcast television.
In this case they will not participate in new tenders or competitions for the award of new frequencies. The initial contract will be sufficient to access the new frequencies title.
ARTICLE 10. SEPARATION OF INFORMATION AND PUBLICITY. To ensure the constitutional right to receive truthful and impartial information, and considering that the media have a social responsibility, the content of the programs may not be engaged directly or indirectly with third parties that may result beneficiaries of such publication in exchange for cash compensation or in kind, without it being fully and sufficiently warned the public. Newspaper and news programs may not include in their broadcasts infomercials or telesales any class.
When some of the partners or shareholders of a private television operator, a dealer or contractor spaces regional channels have direct family business interests or news that will be widespread, should warn viewers of existence of such interests.
ARTICLE 11. Subscription TV operators must guarantee at no cost to subscribers receiving Colombian television channels open national, regional and municipal that tune in VHF, UHF or via satellite in the area covering only. However, the transmission of local channels by subscription TV operators is conditional upon the technical capability of the operator. Effective Jurisprudence
ARTICLE 12. In order to ensure receipt of public and private channels to all inhabitants of the national territory operation, those may, from the effective date of this law, using different technological means to own transmit and broadcast their television signals to the territories and not covered at the time of issuing this law populations, provided it is done in broadcast manner and ensure that people receive the signal for free. For this purpose, they may enter into contracts with third parties and use authorized by the Ministry of Communications * networks or the National Television Commission, other than themselves, to meet the legal, contractual and / or regulatory obligation to cover a given area or percentage of population with open signal TV channel. Effective Notes
In this case evidencing private operators issuing its own signal through and / or third party networks in all departments and territories of the country, have the right to suspend the expansion of the network proposed in the tender.
ARTICLE 13. In order to facilitate the provision of public television service, companies or owners of the infrastructure of public services, should allow use of their corresponding poles and ducts infrastructure and always when you have the corresponding availability, is technically feasible and there is agreement between the parties on economic consideration and conditions of use. The Telecommunications Regulatory Commission or the Energy Regulatory Commission and Gas as the case may regulate the matter. Regulatory Commissions in a period of three months will define an objective methodology to determine the price having as a fundamental criterion the final cost of the service to the user. Effective Jurisprudence
The public space for infrastructure construction is subject to the Land Use Plan of the respective municipality or district.
ARTICLE 14. The regional channels in which they have participation State may make agreements with the Congress of Colombia to disseminate live and pre-recorded work of its Constitutional Commissions and Plenary Sessions.
ARTICLE 15. This law governs from the date of its enactment and repeal rules that are contrary in particular Articles 44 and 46 of Law 14 of 1991; 33 and 34 of Law 182 of 1995.
The President of the honorable Senate,
MARIO URIBE ESCOBAR.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable House of Representatives,
BASILIO VILLAMIZAR TRUJILLO.
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on August 8, 2001.
ARANGO ANDRES PASTRANA Minister of Communications,
MONTOYA ANGELA HOLGUIN.