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By Which The Distribution Of Powers Between State Entities In The Field Of Television And Other Provisions

Original Language Title: Por la cual se establece la distribución de competencias entre las entidades del Estado en materia de televisión y se dictan otras disposiciones

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1507 OF 2012

(January 10)

Official Journal No. 48.308 of 10 January 2012

CONGRESS OF THE REPUBLIC

By which the distribution of powers between State entities in the field of television is established and other provisions are dictated.

Vigency Notes Summary
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THE CONGRESS OF COLOMBIA,

DECRETA:

TITLE I.

GENERAL PROVISIONS.

ARTICLE 1o. PURPOSE, PURPOSE AND SCOPE OF LAW. In compliance with the provisions of Article third of Legislative Act number 02, 2011, this law taking into account that television is a service public competition of the Nation in which the rights and freedoms of the persons involved in the service of television, the general interest, the principle of legality, the fulfillment of the state ends and duties are understood, the efficient and democratic functioning of the contents and other provisions of the system (a) the distribution of powers between the entities of the State which will be responsible for the formulation of plans, the regulation, management, management and control of television services and takes the necessary measures for their compliance, in accordance with the functions provided for in Laws 182 of 1995, 1341 of 2009 and Decree-Law 4169 of 2011.

TITLE II.

OF THE NATIONAL TELEVISION AUTHORITY.

CHAPTER I.

NATURE AND FUNCTIONS.

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ARTICLE 2o. CREATION, NATURE, OBJECT AND ADDRESS OF THE NATIONAL TELEVISION AUTHORITY (ANTV). Create the National Television Authority on ANTV, as a National State Agency of Special Nature, of the National Order, with people's personal legal, administrative, financial and technical autonomy, which will be part of the Information and Telecommunications Technologies sector. The ANTV will be made up of a National Television Board, which will be supported financially by the Television Development Fund (FONTV) that deals with article 16 of this law.

The object of ANTV is to provide the tools for the execution of the plans and programs of the delivery of the public television service, in order to ensure access to television, guarantee pluralism and informative impartiality, the competence and efficiency in the provision of the service, as well as the avoidance of monopolistic practices in its operation and exploitation, in the terms of the Constitution and the law. The ANTV will be the main interlocutor with the users of the television service and the public opinion in relation to the dissemination, protection and defense of the interests of the viewers and will direct its activity within the legal, democratic framework and participative that guarantees the political, economic and social order of the Nation.

The scope of their autonomy is intended to allow the Authority to freely develop its functions and execute state television policy. In the development of such administrative autonomy, the ANTV National Board shall adopt the plant of personnel that demands the development of its functions, without in any case its budget of operating expenses exceeds that allocated in the the operating expenses budget of the Communications Regulatory Commission (CRC) referred to in Law 1341 of 2009.

ANTV will not be able to allocate resources for subscription of contracts or orders for the provision of personal services, except in cases established in law.

The main address of ANTV will be the city of Bogota District Capital.

PARAGRAFO 1o. For the purposes of acts, contracts, officials, budgetary and tax regimes, control systems and in general the applicable legal regime, ANTV, is assimilated to a public establishment of the national order, except as provided for in this law.

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PARAGRAFO 2o. ANTV shall not be subject to any hierarchical or guardianship control and its acts are only liable to the competent jurisdiction.

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ARTICLE 3o. FUNCTIONS OF THE NATIONAL TELEVISION AUTHORITY (ANTV). In accordance with the purposes and principles set out in Article 2or Act 182 of 1995, ANTV shall perform the following functions, except for those reported in items 10, 11, 12, 13, 14 , and 15 of this law:

a) Run for the fulfillment of its object the acts and contracts of its nature;

b) Award of service concessions and licenses, television spaces, in accordance with the law;

c) Coordinate with the NSAs the issues relating to the management, administration and control of the radio spectrum;

d) Design and implement pedagogical strategies so that the family and children's audience can develop the critical spirit with respect to the information received through television;

e) Punishment when there is a place for those who violate the provision of the public television service, the constitutional and legal provisions that specifically protect the rights of the family and children;

f) Attend, collaborate and accompany with respect to the functions of ANTV, to the Ministry of Information and Communications Technologies in the preparation and attention of meetings with international telecommunications organizations in which Colombia is part;

g) Attend the National Government in the study and preparation of the subjects related to television services;

(h) ANTV shall be responsible to the Congress of the Republic to meet the requirements and citations requested by it through the plenary and commissions;

i) Vellar for the strengthening and development of Public TV;

j) Promote and develop the television industry;

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k) Dictate your own regulations and other functions that the law establishes.

CHAPTER II.

ANTV ORGANIZATION AND STRUCTURE.

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ARTICLE 4. COMPOSITION OF THE NATIONAL TELEVISION BOARD. The ANTV will have a National Television Board composed of five (5) members, not reelectable, as well:

a) The Minister of Information and Communications Technologies, or the Deputy Minister Delegate;

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b) A representative appointed by the President of the Republic;

c) A representative of the country's governors;

d) A representative of the public and private universities legally constituted and recognized by the Ministry of National Education, accredited in high quality according to the annual publication of the SNIES (National Information System of the Higher education), with legal status, having at least one of the following programs: law, social communication, journalism, psychology, sociology, economics, education, international business, financial management, public or business; telecommunications engineering, electrical, electronic, mechatronics, financial, civil, systems or mechanics; film and television. The universities will also be required to have master's and/or doctoral programs in areas related to the functions to be developed;

e) A representative of civil society.

The choice of the members of the literals (c), (d) and (e) will be through a selection process. For the member pointed out in the literal c) each of the country's 32 Governors will nominate a candidate. For the member pointed out in the literal d). The Academic Council of each of the universities that meet the conditions outlined above, will nominate a candidate. Once the postulates of the literals (c) and (d) have been applied, the Ministry of National Education will designate three public and private universities that have high quality institutional accreditation, and accreditation in high quality. fewer 10 programs, assigning each one the respective selection process. In the event that the university designated by the Ministry of National Education for the selection process of the literal d) has a postulate, it must be withdrawn.

For the member pointed out in the literal e) a selection process will be carried out after a public call, which will be carried out by the third university appointed by the Ministry of National Education.

The selection term in all cases will be a maximum of three months. A maximum term of one month shall be given for the application and public call. To carry out the selection process, the designated universities will have a term of up to two months. The designated universities will be responsible for setting the parameters to be taken into account in the selection processes.

In the first conformation of the National Television Board, with the exception of the Minister of Information and Communications Technologies, the member of the National Board indicated in literal b) will be elected for a term of two (2) years; the Member noted in the literal c) will be chosen for a term of three (3) years. The member named in the literal d) will be elected for a term of two (2) years. And the member of the literal e) will be chosen for a term of four (4) years. After the first period indicated, each outgoing member will be replaced for a period of four (4) years, not re-eligible. All board members will act with voice and vote in the Board's decisions.

PARAGRAFO 1o. In cases of accepted resignation, death or removal by the competent authority of a member of the national board, they will be supplied by the same selection system depending on the particular case established in this law.

PARAGRAFO 2o. The administrative act of possession of the members that will form the first National Television Board except for the Minister of Information and Communications Technologies will be in charge of the President of the Republic. The following possessions will be before the other members of the National Television Board.

PARAGRAFO transient. The first property board will be integrated within three (3) months following the enactment of this Law, and will be understood to be at least three (3) of its members, with which it will be able to hold and decide. In any case respecting the provisions of the first paragraph of article 49 of Law 182 of 1995, as amended by article 10 of Law 335 of 1996.

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ARTICLE 5o. REQUIREMENTS AND QUALITIES TO BE A MEMBER OF THE NATIONAL TELEVISION BOARD. For members of the National Television Board, other than the Minister for Information and Communications Technologies, the following requirements shall be required and qualities:

1. Be a Colombian citizen over 30 years old.

2. Have professional title in law, social communication, journalism, psychology, sociology, economics, education, international business, financial management, public or companies; telecommunications engineering, electrical, electronic, mechatronics, financial, civil, systems or mechanics; film and television.

3. Have a master's or doctorate degree in related areas with the duties of the office. In the case of not having a master's or a doctorate degree, you must credit at least ten (10) years of experience and a specialization in the sectors referred to in the second paragraph of this Article.

4. To have eight (8) years or more professional experience in the information technology, telecommunications, culture and education sector.

PARAGRAFO. Except the Minister for Information and Communications Technologies, all members will be dedicated exclusively. Your monthly remuneration will be equal to that of an Expert Commissioner of the Communications Regulatory Commission, including applicable social benefits.

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ARTICLE 6o. FUNCTIONS OF THE NATIONAL TELEVISION BOARD. They are the functions of the National Television Board:

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

b) Adopt the decisions necessary for ANTV to develop the functions that are attributed to it by the present law in the field of public policy;

c) Adopt the decisions required for ANTV to develop its functions;

d) Grant concessions for the provision of public television service, including radio spectrum allocation, when it applies, as well as grant television space concessions;

e) Approve the extension of concessions for the provision of public television service, including the allocation of radio spectrum when it applies, as well as those for television space concessions;

(f) Fixing fees, charges, public prices and rights occasioned by the provision of the television service; in accordance with the literal (g) of Article 5or Act 182 of 1995;

g) Approve the annual budget project of the entity that is presented to you by the Director, in accordance with the law;

h) Determine the entity's personnel plant, creating, deleting, or merging the charges necessary for its good march, in accordance with the law;

i) Adopt the entity's internal manuals, statutes and regulations, in accordance with the law;

j) 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 those of ANTV, related to the service.

(k) 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;

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

(m) Reglamenting what is relative to the ethnic and Afro-Colombian television service referred to in paragraph 2 of Article 20 of Law 335 of 1996 as affirmative action so that through the entities that Article 35 of Law 70 of 1993 provides for the development of ethnoeducation processes;

n) Promote and regulate the content of citizen participation in issues that may affect the viewer, especially regarding the control of audiovisual content;

o) Reglamenting the citizens ' rights in the field of the provision of the public television service, as well as the promotion and encouragement of such services;

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

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ARTICLE 7o. DIRECTOR OF THE ANTV. The ANTV will have a Director elected by the simple majority of the members of the National Television Board, which will have the following functions:

1. Legally Represent ANTV.

2. Execute and implement the ANTV National Television Board determinations.

3. Designate, appoint and remove, as well as approve the administrative situations of the officials assigned to the staff plant of the entity in accordance with the legal regulations in force.

4. Efficiently and efficiently manage financial, administrative and personnel resources for the proper functioning of ANTV.

5. Submit for approval by the National Television Board the manuals, statutes and regulations to which there is a place in accordance with this law.

6. Update, maintain, and ensure the reliability of information that you rest on ANTV.

7. Submit for approval of the National Television Board the annual draft budget of the entity.

8. To conclude the contracts and in general to develop the necessary administrative activities of the ANTV to fulfill its mission.

9. And the others assigned to him by the National Television Board in the statutes.

PARAGRAFO. To be the Director of the ANTV, the same requirements and qualities of the members of the National Television Board as contained in Article 5 of this Law shall be required. The Director shall be free of appointment and removal.

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ARTICLE 8o. INABILITY TO BE ELECTED MEMBER OF THE NATIONAL TELEVISION BOARD AND DIRECTOR OF THE ANTV. In addition to the inabilities generally provided for in the laws for the exercise of public functions, they may not be members of the National Board. Television and ANTV Director:

1. Those who during the year prior to the date of election, are or have been board members or boards of directors, legal representatives, officials or employees in management and trust positions of the network and service providers communications, including television services.

2. Who within the year immediately preceding the election have been directly or indirectly, associates, shareholders or owners of any company, or legal person providing communications networks and services, including Television services.

3. The spouse, partner or permanent partner, or those who are in the first degree of consanguinity, second of affinity or first civil of any of the persons covered by the causals provided for in the previous numerals or those members of public corporations of popular choice.

4. Those enshrined in Law 1474 of 2011, " for which norms are dictated to strengthen the mechanisms of prevention, investigation and punishment of acts of corruption and the effectiveness of the control of the management public ".

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ARTICLE 9o. INCOMPATIBILITIES OF THE MEMBERS OF THE NATIONAL TELEVISION BOARD AND DIRECTOR OF THE ANTV. The exercise of the functions of the member of the National Television Board and Director of the ANTV will be incompatible with any charge of popular choice and with the exercise of any professional or work activity other than that of exercising the university professorship. In any case they will also apply those laid down in Law 1474 of 2011.

TITLE III.

CHAPTER I.

OF COMPETENCY DISTRIBUTION.

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ARTICLE 10. DISTRIBUTION OF FUNCTIONS IN MATTERS OF PUBLIC POLICY. Without prejudice to the regulatory authority of the President of the Republic, all authorities to which functions are transferred pursuant to this Law shall, within the framework of their powers, the function that literal (a) of article 5or of Act 182 of 1995 assigned to the National Television Commission.

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ARTICLE 11. DISTRIBUTION OF CONTROL AND SURVEILLANCE FUNCTIONS. The ANTV National Television Authority will perform the functions that literal (b) of article 5or of Law 182 of 1995 assigned to the National Commission Television, without prejudice to the activities related to the management and management of the concessional activity that the ANTV must perform as an entity, in accordance with Article 14 of the present law, and those related to the control and surveillance of the spectrum Radio station for the provision of the television service in accordance with Article 15 of this Law.

PARAGRAFO. Corresponding to ANTV exercise control and monitoring for compliance with the rules related to television content.

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ARTICLE 12. DISTRIBUTION OF FUNCTIONS IN THE FIELD OF REGULATION OF THE TELEVISION SERVICE. The Commission of Communications Regulation (CRC) referred to in Law 1341 of 2009 will exercise in relation to the services of television, in addition to the functions attributed to it by the said Law, which assigned to the National Television Commission the paragraph of article 18, the literal a) of article 20, and the (c) of Article 5or of Law 182 of 1995, with the exception of aspects related to the contractual regulation of covering, chain-linking and progressive expansion of the assigned area, and aspects related to the regulation of slots and content of the programming, advertising and marketing, which will correspond to ANTV. In particular, the CRC will have the function of establishing the prohibitions referred to in Article 53 of Law 182 of 1995, except when related to conduct that attacks pluralism. information, in which case such prohibitions will be established by ANTV.

For the case of television service operators, the Television Development Fund and the Content will transfer to the CRC the equivalent of the regulatory contribution referred to in the article 24 of Act 1341 of 2009 and article 11 of Act 1369 of the same year, or the rules that add, modify, or replace them.

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ARTICLE 13. DISTRIBUTION OF FUNCTIONS IN TERMS OF RESTRICTIVE PRACTICES OF COMPETITION AND BUSINESS INTEGRATIONS. The Superintendence of Industry and Commerce in accordance with the provisions of Law 1340 of 2009, will continue to be aware of the functions that literal d) of article 5or of Law 182 of 1995, and article 2or of Law 680 of 2001, attributed to the National Commission of Television.

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ARTICLE 14. DISTRIBUTION OF FUNCTIONS IN RESPECT OF GRANTING OF CONCESSIONS. ANTV shall exercise the functions conferred on the National Television Commission by the literal (e) of Article 5or Law 182 of 1995, and in (g) the matter of concessions, the literal (g) of the same Article, with the exception of the function of the radio spectrum use regime shall be carried out by the National Spectrum Agency (NEA). In particular, ANTV will exercise the function provided for in article 25 of Act 182 of 1995 on the distribution of incidental signals.

PARAGRAFO 1o. In any case the television frequency assignment will be in charge of the ANTV.

PARAGRAFO 2o. Within six (6) months following the issuance of this law, ANTV will grant the subscription television concessions to public companies providing networks and services (a) telecommunications on request, subject to compliance with the conditions laid down by the entity for the purpose.

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ARTICLE 15. DISTRIBUTION OF SPECTRUM FUNCTIONS. State intervention in the electromagnetic spectrum for television services shall be carried out by the National Spectrum Agency (NEA) in accordance with the provisions of the Law 1341 of 2009 and Decree-Law 4169 of 2011. In particular, the NSAs will perform the functions provided for in Articles 24, 26 and 27 of Act 182 of 1995.

ANTV will be charged with assigning the frequencies that the National Spectrum Agency (NEA) has previously attributed to the operation of the television service.

CHAPTER II.

OF THE FUND FOR THE DEVELOPMENT OF TELEVISION AND CONTENT.

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ARTICLE 16. CREATION AND OBJECT OF THE FUND FOR THE DEVELOPMENT OF TELEVISION AND CONTENT. Create the Fund for the Development of Television and Content as a special account in charge of ANTV.

The purpose of the Fund is to strengthen the public operators of the television service, the financing of educational and cultural programming in charge of the State and the support for the television content of public interest developed by Non-profit operators in addition to financing the operation of ANTV.

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ARTICLE 17. TRANSFER OF THE ASSETS OF THE NATIONAL TELEVISION COMMISSION. As of the entry into force of this law, the proceeds and assets that pursuant to article 16 of Law 182 of 1995 constitute the estate of the National Television Commission will be transferred to the estate of the ANTV, who will manage them through the Fund for the Development of Television and the Contents as a special account in charge of his.

PARAGRAFO. The transfer referred to in this article shall be effected by the National Television Commission during the period of its liquidation.

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ARTICLE 18. DISTRIBUTION OF THE FUND ' S RESOURCES. The Fund for the Development of Television and the Contents shall annually allocate at least 60% of its resources for the strengthening of the public operators of the television service.

In any case, the turn of the resources for each of the operators will be carried out in a single annuity and not by installation, according to the regulations that for the effect the ANTV will issue, without in any case such resources can be intended for operating expenses, except for the case of RTVC.

Without prejudice to the above, the Information and Communications Technologies Fund (Fontic) will go to the Television and Content Development Fund for the strengthening of television networks. public and digital and audiovisual content at least 10% of the revenue derived from the allocation of permits for the use of the frequencies released on the occasion of the transition from analogue to digital television.

The Television Development Fund and the Contents will allocate annually to cover the operating expenses of ANTV, at most the equivalent of 0.3% of the gross revenues generated by the open and closed industry. regardless of the mode of delivery during the year immediately preceding that of the calculation which for the purpose shall be carried out each year by that fund.

All revenue to be collected by way of concessions for the television service, in any of its modalities, shall be allocated to the financing of the operation, coverage and strengthening of open public television radio-broadcasting; financing, promoting, supporting and stimulating plans, programmes and projects aimed at promoting audiovisual content and supporting the processes of technological updating of users of lower resources for the reception of audiovisual content; radio terrestrial digital television.

If the Nation is needed-the Ministry of Finance and Public Credit, it will transfer to the Fund for the Development of Television and the Contents, sufficient resources so that it can meet the payment of the loans received or will be the result of the liquidation of the National Television Commission and must be taken up by the ANTV and the Fund in mention.

PARAGRAFO 1o. In order to make it more efficient to use the resources that the Fund for the Development of Television and the Content allocates to finance public television, the service of Digital Television Land in charge of the RTVC, or whoever does its times, and regional channels, will be provided through the same network infrastructure.

PARAGRAFO 2o. The Ministry of Information and Communications Technologies will be able to contribute resources to the strengthening and capitalization of public television channels.

TRANSIENT PARAGRAPH. Authorize the National Government to perform the necessary budgetary operations for compliance with the provisions of this Law.

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TITLE IV.

FINAL PROVISIONS.

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ARTICLE 19. PENSION LIABILITY OF FORMER WORKERS OF INRAVISION. The payment of all statutory pension obligations, conventional pension scheme, pension scheme, pension bonuses, pension contributions, funeral aid, substitute allowances, and In the case of former employees of the National Institute of Radio and Television (Inravisión), which is now settled, it will be assumed by Capprecom in a proportion equal to that of the value of the pension liability which represent the resources transferred by the Ministry of Information Technology and the Telecommunications for this purpose, derived from the allocation of permits for use of the frequencies released on the occasion of the transition from analogue to digital television.

Payments that are not assumed by Capprecom will continue in charge of the Television and Content Development Fund.

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ARTICLE 20. LIQUIDATION OF THE NATIONAL TELEVISION COMMISSION. In accordance with the Legislative Act number 02 of 2011 article third, once the National Television Board is formed, the entities of the State to which powers have been distributed, under this law, shall assume and initiate the exercise thereof and the National Television Commission shall enter into liquidation and shall use for all intents and purposes the name Commission National Television-in Liquidation.

The settlement scheme will be determined by Decree-Law 254 of 2000 and the rules that modify or add to it, except as otherwise incompatible with this law.

The National Television Commission-in Liquidation, will not be able to initiate new activities in the development of its functions and will retain its legal capacity only to issue the acts, to conclude the contracts and to advance the necessary actions for settlement, including those required for the process of splicing with other entities.

Consequently, the National Television Commission-in Liquidation, will not be able to perform any kind of direct contract or public tender or contest, which has as its purpose to advance advice, consultancies or audits, that are not with the settlement process.

The liquidation period of the National Television Commission must be concluded no later than six (6) months from the start of the period.

Vigency Notes

Due to the settlement term noted or declared termination of the settlement process prior to the end of that period, the legal existence of the National Television Commission shall end for all purposes.

The National Government may extend the settlement period in a reasoned manner when the circumstances so advise, in any event the extension may not exceed a term greater than six (6) months.

The public servants of the National Television Commission-in Liquidation, must be protected under current labor laws.

Administrative and provisional career officials will receive the treatment set out in paragraph 3 of Article 18 of Law 1444 of 2011 and regulatory decrees.

During the liquidatory process it is prohibited to link new public servants.

The Nation-Ministry of Finance and Public Credit, will transfer if necessary, to the entity in liquidation, sufficient resources so that it can comply with the payment of the indemnities and other labor accrecias to that they have the servers that are removed.

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ARTICLE 21. SETTLEMENT OF CONTRACTS AND TRANSFER OF THE CONTRACTUAL, JUDICIAL AND ADMINISTRATIVE POSITION. All contracts concluded by the National Television Commission for the attention of operating expenses shall be terminated and cleared by the National Television Commission-in Liquidation.

By the Ministry of this Law, the public entities to which the functions of the National Television Commission are transferred will replace it in the contractual position of the other contracts, according to the distribution of functions that the This law orders.

In the same way, the aforementioned entities will replace the National Television Commission in the position it occupies in the ongoing legal proceedings, including arbitrators in which it participates in any quality.

Such public entities will also continue without a solution of continuity, with the administrative actions that are in progress at the entry into force of this law.

The National Television Commission, in liquidation, shall coordinate with such entities compliance with the provisions of this article.

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ARTICLE 22. SUPPLEMENTARY TRANSFER. The functions of the National Television Commission, which are not expressly mentioned in this law, shall be construed as being transferred to the National Television Authority (ANTV).

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ARTICLE 23. VALIDITY AND REPEAL. This law governs from its promulgation and repeals all provisions that are contrary to it, in particular the literal 1 of the article 5 and the second paragraph of the numeral 3 of the Article 37 of Law 182 of 1995, regarding the linking of regional channels to the National Television Commission.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on January 10, 2012.

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

JUAN CARLOS ECHEVERRY GARZON.

The Deputy Minister for Information and Communications Technologies, who is in charge of the Office of the Minister for Information and Communications Technologies,

MARIA CAROLINA HOYOS TURBAY

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