LAW 680 OF 2001

(August 8)

Official Journal 44.516 of 11 August 2001

By which Laws 14 of 1991, 182 of 1995, 335 of 1996 and other provisions in the field of Television are reformed

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Article 34 of Law 182 of 1995, shall be the same: Foreign investment in concessionary television companies is authorized whatever the scope of the (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.

ARTICLE 2o. As of the enactment of this law, the concessionaires of spaces of the national channels of public operation, as long as these or their partners have no shareholding in private channels, may merge, form consortia or create new legal entities which may absorb the concessions of their partners, subject to the authorization of the National Television Commission, provided that they are up to date in their obligations with the respective entity.

PARAGRAFO 1o. In any case the companies resulting from the mergers, consortia or new companies that this article provides for, will be subject to the limitations and restrictions set forth below:

a) 267 of Act 1753 of 2015 >

(b) No natural or legal person may directly or indirectly participate in more than one concessionary company and make part of more than one channel;

c) 267 of Act 1753 of 2015 >

PARAGRAFO 2o. The authorization provided for in this article, for merging, forming consortia or creating new legal persons, and its application in no case may imply that the operation, characteristics and nature the contracts for the award of spaces may be approved or equivalent to those of a private channel of operation provided for in Laws 182 of 1995 and 335 of 1996.

PARAGRAFO 3o. In state contracts the equality or equivalence between rights and obligations arising from the moment of proposing or contracting according to the case shall be maintained. If such equality or equivalence is broken for reasons not attributable to the person concerned, the parties shall take the necessary steps to restore them in the shortest possible time.

ARTICLE 3o. Starting in 2004, the concessions to be awarded by public tender in the national public operating channels will last for 10 years.

ARTICLE 4o. Article 33 of Act 182 of 1995 will remain so:

Each open television operator and space dealership in the national coverage channels shall meet quarterly minimum national production programming percentages:

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.

ARTICLE 5o. Within thirty working days following the validity of this law, the National Television Commission shall draw up the regulations establishing the conditions and limits in which the National private operation channel concessionaires, national public operating channel space dealers, and regional and local television contractors can perform repetitions of the programming.

ARTICLE 6o. The National Television Commission (CNTV) is authorized, as well as the Administrative Boards of the Regional Channels, so that, within three (3) months of the current law, review, modify and restructure the current contracts with private operators, with the concession holders of national public operating channels, as well as with the contractors of other modes of the public television service in the case of tariff reductions, method of payment, compensatory addition of the time limit for contracts and other aspects leading to the normal provision of public television service.

PARAGRAFO. For the purposes of the restructuring of the tariffs provided for in this article, the literal g) of the article fifth (5o.) of Act 182 of 1995.

Similarly, the National Television Commission-CNTV-should take into account the changes that have occurred, both in the offer and in the potential demand for television advertising.

The other television service dealers will also be holders of the waiver and early termination of the contracts authorized in article 17 of Law 335 of 1996.

the contracts for the granting of the public service of television by subscription, the provisions governing tariffs, rights, compensation will be applied as appropriate. and fees, for telecommunications services, established in the Unified System for the Fixation of State-benefit Contrabenefits for broadcast services without their exceptions and differences. When decreases are given in the costs for concession contracts, these lower values must be reflect on benefits for users.

ARTICLE 7o. The National Television Commission may contract prior objective selection process with consortia or temporary unions made up of those registered in the single register of operators of the television service, the granting of all or part of the television spaces whose contracts are the subject of an expiry declaration or are terminated pursuant to the second paragraph of Article 17 of the 1996 335 Act. In any case these contracts will expire on December 31, 2003.

ARTICLE 8o. Starting in 2004, no concessionaire will have less than 11% of the triple AA spaces, awarded on each national public operation channel. In addition, the spaces will be awarded for slots that are determined by the National Television Commission.

ARTICLE 9o. Public and private operators will be entitled, on equal terms to the replenishment of frequencies that are necessary to issue their signal at no cost, at the event that by decision the public service of open television is to be restructured from the competent authority.

In this case they will not have to participate in new tenders or contests for the award of new frequencies. The initial contract will be sufficient to access the new frequencies.

ARTICLE 10. INFORMATION AND ADVERTISEMENT SEPARATION. To ensure the constitutional right to receive truthful and impartial information, and considering that the media has social responsibility, the content of the programs may not be committed directly or indirectly to third parties who are beneficiaries of such publication in exchange for remuneration in money or in kind, without being fully and sufficiently aware of the public. Journalistic and news programs may not include in their broadcasts any kind of advertising or telesales.

When some of the partners or shareholders of a private television operator, a space dealer or regional channel contractor have direct business or family interests in a news item to be released, warn viewers of the existence of such interests.

ARTICLE 11. The operators of Television by Subscription must guarantee at no cost to subscribers the reception of the Colombian channels of open television of national, regional and Municipal that is tuned to VHF, UHF or satellite track in the area of coverage only. However, the transmission of local channels by the operators of Television by Subscription shall be subject to the technical capacity of the operator.

ARTICLE 12. In order to ensure the reception of public and private channels of operation to all inhabitants of the national territory, those who may, from the time of this law, use technological means other than their own to transmit and broadcast their television signals to the territories and populations not covered at the time of issue of this law, provided that it is made in a radio-broadcast manner and is guaranteed the inhabitants receive the signal free of charge. For this purpose, they may conclude contracts with third parties and use networks authorized by the Ministry of Communications * or the National Television Commission, other than their own, to comply with the legal, contractual and/or regulatory obligation to cover a given territory or percentage of population with a television signal on the open.

In this case, private operators who credit the issuance of their signal through their own networks and/or third parties in all departments and territories of the Country will have the right to suspend the extension of the proposed network in the tender.

ARTICLE 13. In order to facilitate the provision of the public service of television, companies or owners of the infrastructure of the public services, they must allow the use of their infrastructure for poles and pipelines provided that the corresponding availability is technically feasible and there is agreement between the parties on the economic consideration and conditions of use. The Telecommunications Regulatory Commission or the Energy and Gas Regulatory Commission as the case will regulate the matter. Regulatory Commissions within a three-month term will define an objective methodology that determines the price by having the ultimate cost of service to the user as a fundamental criterion.

The public space for infrastructure construction will be subject to the Territorial Ordinance Plan of the respective municipality or district.

ARTICLE 14. The regional channels in which the State has a stake may be able to conclude agreements with the Colombian Congress for the direct and pre-recorded disclosure of the work of its Commissions. Constitutional and its Plenary Sessions.

ARTICLE 15. This law governs from the date of its enactment and repeals the rules that are contrary to it in particular Articles 44 and 46 of Law 14 of 1991; 33 and 34 of Act 182 of 1995.

The President of the honorable Senate of the Republic,

MARIO URIBE ESCOBAR.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

BASILIO VILLAMIZAR TRUJILLO.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., 8 August 2001.

ANDRES PASTRANA ARANGO

The Minister of Communications,

ANGELA MONTOYA HOLGUIN.