Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-de-telecomunicaciones-4/archivo_documento_legislativo
1. Decree No. 372, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the article 101 of the Constitution states that the State will promote economic and social development by increasing production, productivity and the rational use of resources; and that same purpose, encourage various sectors of production and will defend the interests of consumers.
II.-that the article 246 of the Constitution of the Republic, inter alia points out that the public interest has primacy over the private interest, and given that the radio spectrum is a good of the State which can be granted by concession, licence or authorization for the use and exploitation of any natural or legal person, becomes then necessary regulation in order to achieve the common good.
III. that by means of Legislative Decree N ° 808, dated 12 September 1996, published in the official journal N ° 189, Tome N ° 333 dated October 9 of the same year, was issued the law of creation of the Superintendent General of electricity and telecommunications, called SIGET, empowered institution to regulate the exploitation of radio spectrum and telecommunications law created by Legislative Decree N ° 142, dated November 6, 1997, published in the official journal N ° 218, volume N ° 337, dated 21 November of that same year.
IV.-likewise necessary to issue legislative reforms that address the mandate that the ruling established that the radio spectrum is an intangible asset, demanial and scarce, making it relevant and necessary to its regulation and management, to ensure its efficient use and equality of opportunities to participate in its allocation, in accordance with the provisions of article 9 of the law of telecommunications in the same manner established in the preamble and in article 44 of the Constitution of the Union International of telecommunications ITU.
V therefore it necessary that the SIGET has the Faculty of reorder or reorganize the spectrum which includes actions of re - attribute, reclassify, reassign, allocate and free frequencies; effect of ensuring the effective, efficient and timely management of it, for the benefit of the population.
VI. so it is necessary to empower the SIGET to elaborate and implement the National Plan for Digital Terrestrial Television, including selection of the standard to be adopted in the country, the respective transition Plan of the Television analog to Digital Television, and associated to the implementation of the process related to the Digital dividend.
2 VII.-which is necessary to ensure the use rational, efficient, competitive, inclusive, sustainable, sustainable and orderly of the radio spectrum; as well as the needs of all sectors of the population of such services in a legal framework in keeping with the standards, technical criteria and international standards, is relevant to reform the Telecommunications Act.
Therefore, in use of his constitutional powers and at the initiative of the Deputy and deputies: Lorraine Guadalupe Pena Mendoza, Alberto Roger Blandino Nerio, Jesús Flores de Juan Manuel Cornejo, Rolando Mata sources, martyr Arnoldo Marin Villanueva and Víctor Hugo Suazo Álvarez.
DECREES the following: reforms to the law of telecommunications article 1.-Reforming paragraph first and add a final paragraph in article 1 in the following manner: "subject to article 1.-this law aims to regulate, regulate and monitor the activities related to the sector of telecommunications and technologies of information and communication, which includes the management of radio spectrum; access to essential resources; the plan of numbering, the public telephone service; efficient management of networks; the quality, coverage and continuity of telecommunications services and the protection of the rights of the users.
The SIGET is the entity responsible for administering, managing and monitoring the radio spectrum; and it is the competent authority to verify the regularity of the conditions of the qualifying titles, as well as to apply sanctions or corrective measures that apply."
Article 2.-replace the literal to) and added a d) to article 2 in the following way: to) "promote universal access, affordability and the apprehension of the technologies of information and communication that allow for the full exercise of the rights to freedom of expression, information, and dissemination of thought, to reduce the digital divide and contribute to social inclusion;
(d) ensure the rational, equitable and efficient use of radio spectrum, as well as its update, reordering or reorganization for its optimization, enabling the introduction of new services, improve existing ones, and harmonization with other countries, according to the Constitution of the Republic and international treaties subscribed, adhered and ratified by the Republic of El Salvador, which regulate the activities of the telecommunications sector."
3 article 3.-added article 2-A follows: equality: operators and suppliers must provide to the users of telecommunications services " , under the same conditions of quality, content and place where to be used;
(b) inclusion: the real access of persons with special needs such as disabled and elderly among others, telecommunications services, in conditions of quality and price, in order to contribute to the human development of vulnerable populations;
(c) equality: equal opportunities for access to scarce resources, such as radio spectrum and numbering, necessary for broadcasting telecommunications services, including sound and television broadcasting services essential to the community;
(d) privacy of information: obligation of operators and suppliers, guaranteeing the right to privacy, freedom and secrecy of communications, as well as protect the confidentiality of the information obtained from its users, suppliers or competitors, on the occasion of the provision of services, in accordance with the article 24 of the Constitution of the Republic of El Salvador;
(e) universality: it relates to the provision of a set of telecommunications services, reviewed periodically and according to technological advancement, in order that residents of all areas and regions of the country, without any discrimination, in adequate conditions of quality and price access to the technologies of information and communication;
(f) non-discrimination: provide by dealers and authorized holders, licensees and telecommunications services on an equitable basis in terms of quantity, quality and coverage, without unequal treatment because of gender, economic capacity, nationality, religion, ethnic origin, age or any other category that goes against the constitutional principle of equality before the law;
(g) maximum benefit the user: establishment of guarantees and rights in favour of end-users of telecommunications services, so that they can timely access to quality services, receive information, exercising their right to freedom of choice and a deal that is fair, non-discriminatory;
4 h) transparency: establishment of appropriate conditions so that operators, suppliers and other interested parties can comment in the formation of policies, resolutions and sectoral rules;
(i) publicity: all procedure should be public, except in cases that the law provided otherwise or by reasoned decision of competent authority;
j) effective competition: application of appropriate mechanisms so that in free competition all operators and providers of telecommunication market, to compete on equal terms, in order to ensure the greatest benefit of the inhabitants and the free exercise of the right to freedom of contract;
(k) technological neutrality: freedom of network operators and providers of telecommunication services, to choose and offer the technologies to be used, according to the technological development, in an environment of free competition, meeting international standards that meet quality requirements and the needs of the user;
(l) convergence: evolution and coordinated development of networks toward a uniformity that allows common support services and applications;
(m) environmental sustainability: harmonization of the use and the exploitation of networks and the provision of telecommunications services, that facilitate a healthy and ecologically balanced and friendly environment with nature. Operators and suppliers shall comply with the environmental legislation that is applicable to them;
n) optimization of scarce resources: allocation and use of the scarce resources of telecommunications in objective, timely manner, transparent, non-discriminatory and efficient, with the dual objective of ensuring effective competition, as well as the expansion and improvement of networks, quality and continuity of service;
or) financial management of scarce resources: scarce telecommunication resources assessment is based on the allocation and use, according to the behavior of market, competition, financial sustainability and continuity of the service and the public interest; and, p) freedom of expression: the right of every person to freedom of thought and expression. This right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print or by any other procedure of your choice. It will promote the application of this principle in decisions and institutional actions."
5 article 4.-reforming article 3 in the following manner: "scope of application article 3.-the provisions of this law are applicable to any natural or legal person, regardless of with respect to the latter, its nature, degree of autonomy or regime of Constitution, which develop activities, pay or receive services in the telecommunications sector, such as broadcasting, telephony and data transmission" ", broadband services, sound and television broadcasting of free reception services essential to the community, as well as by subscription, convergence, access to essential resources, the numbering plan and the radio spectrum as an intangible asset, demanial and insufficient."
Article 5.-replace article 6 abbreviations and definitions: being as follows: "abbreviations, definitions and acronyms article 6.-the following abbreviations will be used in this law: the General Superintendence of electricity and telecommunications,"the SIGET";" the International Telecommunication Union, "ITU";
and the registration of electricity and telecommunications attached to the SIGET, "the register".
For the purposes of this Act and its regulations, all abbreviations, definitions and acronyms be construed as follows: frequency band: that can be abbreviated "Band": the portion of the spectrum whose frequencies are between a minimum frequency and other maximum.
Access Manager: minimum monthly fee that each user must pay to be connected to the network, without including the value of additional phone services.
Leased circuits: it means facilities for telecommunications networks fixed between two or more designated points, which deviate for dedicated use or the availability for a specific client or to other users of the customer's choosing.
Co-location physics/Co-location: it means the Faculty of a phone service operator, ask another lease of the necessary physical spaces for the materialization of the interconnection of networks. The Faculty of an operator request lease, corresponds the obligation of the requested operator to grant it. The party requesting co-location is entitled to enjoy similar conditions to which the operator that provides the access, has contracted with other operators.
National table of frequency allocations: that can be abbreviated "NTFA": document containing the allocation and award of the different bands of the radio spectrum for different radio services, as well as classifications of use, rules and conditions for their use and exploitation.
Breakdown: the division in area elements, of the various services that make up the interconnection service.
6. encryption: it is the system by which, with the help of techniques or computer programs, is encrypted or encodes specific information in order to make it inaccessible or unintelligible to anyone not authorized to access it.
Network elements: components of a commercial telecommunications network.
It is divided into frequency bands, which can be attributed to different radio services to be used in different geographical areas and periods and radio spectrum: radio waves which propagate without artificial guide below the 3,000 GHz set. It will be used by default the term "Spectrum" to refer to the radio spectrum.
Exclusive nature frequencies: are those that, for technical reasons, will be given in form only, in the same geographical area.
Non-exclusive nature frequencies: are those that apply to optimize the use of available radio spectrum, when two or more frequencies for technical reasons, effectively and without interference, can be reused in the same band and geographical area.
Fragmentation of spectrum: is the division of a portion of the spectrum, bandwidth, both in time and geographical space, whenever technically feasible.
Defragmentation of radio spectrum: is the integration of a portion of the spectrum, bandwidth, both in time and geographical space, wherever technically and legally feasible.
Interconnection: it is the service that allows operators and users of different networks take traffic from one network to another telecommunications so that all end users are able to communicate among themselves, or so that end users connected to a network of access services, are able to obtain services provided by an operator of intermediate services.
Release frequencies: it is understood as the Faculty of the SIGET release portions of the spectrum that were modified or upgraded, without reassigning existing stations, following due process.
Community media and other nonprofit operators: are those formed by sound and television broadcasting stations, aimed at addressing a specific audience, managed by an association or foundation without profit, social order, by giving them the right to information and communication, as an exercise of freedom of expression, fostering citizen participation to contribute to the development of affordable equitable, inclusive, sustainable communities and social sectors of the country.
Non-use of frequencies: for purposes of this law also means as non-use of the frequency: 7) non-provision to end users or to the public of a telecommunications service agreement or in accordance with the technical conditions laid down in the contract;
(b) in broadcasting consists in that the electromagnetic signal does not lead varied audio and/or video information. Also the verification of the transmitted electromagnetic signal will be only characteristics and technical parameters; and, c) non-use of frequencies in telecommunications systems that are for official use or private regulated use.
This, to the detriment of the efficient use of the spectrum and depriving the end user the right to access to information and communication, as well as limiting free competition.
Commercial telecommunications network operator: that can be abbreviated "Operator": natural or legal person who provides one or more commercial telecommunications services.
Numbering plan: fundamental technical plan developed and administered by the SIGET allowing the assignment of a number the unique and unambiguous identification of the user or device.
Presubscripcion: System by which an operator's access services gives customers access to intermediate services without the use of the multiportador system operator selection key.
Important supplier: means a public telecommunications services provider that has the capacity to affect materially, taking into consideration the prices and the offer, the terms of participation in the relevant telecommunications services market, as a result of: to) control essential facilities; or (b) make use of its position in the market.
Commercial telecommunications network: that can be abbreviated "Network": infrastructure or facility used by an operator to provide business telecommunications services.
Reseller of telecommunications services: is any natural or legal person who buys telecommunications services to the wholesale, directly of operators, network or other intermediaries, to resell to end users.
Reassign frequencies: change of frequency of a station Radio, maintaining the same service and conditions operation techniques following due process.
Restructuring or reorganization of the spectrum: is the Faculty of the SIGET of re - attribute, reclassify, allocate, reallocate and free frequencies of the radio spectrum for technical reasons and following due process.
8. assign frequencies: means such as change in a certain portion of the radio spectrum attributed service and record the change in the NTFA, following due process.
Reclassify frequencies: shall mean as a change in the classification of a portion of the radio spectrum usage and record the change in the NTFA, following due process.
Book frequencies: it is understood as the anticipation of a portion of the spectrum for future use or radio services determined by technological progress or for reasons of national security, and their respective annotation in the NTFA, following due process.
Radio service: any service that uses radio waves, attributed in the NTFA.
Radio communication service: radio service which involves the transmission, emission or reception of radio waves for specific telecommunication purposes.
Broadcasting service: radiocommunications service whose emissions are intended to be received directly by the public in general. These services include noise, TV or other.
Broadcasting service: the communication that takes place in only one direction to several points of reception simultaneously.
Intermediate services: services provided by an operator to connect two or more networks of access each other, or to offer services of temporary duration to the end users of a network of services of access, through this.
Access services: that can be abbreviated "Access": services which give the end user the ability to initiate or receive a communication using the commercial telecommunications network.
Amateur radio service: radiocommunications service which aims to individual instruction, intercommunication and technical investigations carried out by amateurs, i.e. by duly authorized persons who are interested in radio, with exclusively personal and non-profit.
Public telecommunications service: means any telecommunications service which the State requires by virtue of law, which is offered to the public in general. These services may include, among others, telephony and data transmission typically related to information provided by the customer between two or more points without any change from end to end in the form or content of the customer information, excluding information services.
Information services: means offering a capacity to generate, acquire, store, transform, process, retrieve, use or making available information via telecommunications, and includes electronic advertising, excluding the use of any of these abilities for the management, control or operation of a telecommunications system or administration of a telecommunications service.
9. Multiportador system: System whereby an operator's access services gives customers access to intermediate services in a non-discriminatory way, through a predetermined number of digit dialing.
Telecommunications: all transmission and reception of signals of any kind, typically electromagnetic, containing among other data, sound and images; It includes any information that you want to communicate to distance; including broadcasting, broadcasting, fixed or mobile telephony and internet or mobile and which constitute a social and economic factor of great impact, gaining importance in the globalization and the information and knowledge society.
Technologies of information and communication technology (ICT): are the set of resources, tools, equipment, software, applications, networks and media, allowing the compilation, processing, storage and transmission of information as: voice, data, text, video and images, that contribute to the improvement of the quality, the economic growth of the country towards the information and knowledge society.
International mobile telecommunications: for its acronym in English "IMT": are the systems of international mobile telecommunication IMT, which offer access to a wide range of telecommunication services and supported by mobile and fixed networks that increasingly more used technology packages. Its key features are: high level of functionality at the global level; wide range of services and applications; support mutual and fixed networks; interoperability with other radio access systems; high quality services;
usable user equipment worldwide; applications, services and easy handling equipment; roaming around the world; increase of maximum data speeds to support applications and advanced services, and others, whose characteristics may be updated in accordance with the regulations of the ITU.
Enabling title: administrative act which grants the SIGET for the concession, authorization or license for the use and exploitation of radio spectrum; as well as for the provision of public telecommunications services.
Frequency of use: refers to as the term that identifies the application which corresponds to some portion of the radio spectrum; (which will be used in accordance with the following classification: to) use regulated: one who requires a concession. This includes: i) regulated commercial use: those that provide public telecommunications services for profit, including essential broadcasting services to the community; (ii) community regulated use: those that provide essential broadcasting services to the community, non-profit; and, iii) private regulated use: those that do not provide public telecommunications services;
b) official use: it is the one used by State institutions and requires an authorization; and 10 c) free use: is the spectrum that is available to the public in general, to operate radio stations that includes among others, some of the application of scientific research, amateur radio and low-power devices.
For this purpose the SIGET will issue the corresponding for each band of this use legislation, stating their technical conditions of operation, and in cases where technically necessary to issue the appropriate licenses. All free use frequencies will operate in a regime of no protection/no interference.
"End user of the service: any natural or legal person who buys for its own use telecommunications services."
Article 6.-reforming is the name of chapter II and article 9; also added the Arts. 9, 9-B, and 9-C, in the following way: "chapter II of the ownership and management of the radio spectrum owned by spectrum article 9.-radio spectrum is a limited natural resource and a good demanial intangible, owned by the State." Exploitation and utilization should be so rational, efficient, economical, sustainable and equitable, seeking the common good and the fulfilment of the constitutional provisions.
The State may grant the right to operate portions of the radio spectrum to any natural or legal person, for a period of twenty years, and may be renewed, in any case automatically; having met the conditions and procedures established by the SIGET in the forms provided for in this Act.
RULES for registration of operations of market secondary article 9-A-dealers can transfer any title or lease the right operating concession frequencies, prior compliance with the following requirements: 1) that the contract made between the dealer and the purchaser or lessee is authorized by the SIGET, concerning the technical aspects;
(2) that the acquirer maintains the solvency of the obligations arising out of the concession;
(3) that is not affected the continuity in the provision of public services; respect of the conditions originally offered to consumers;
(4) that is demonstrated by the licensee and the person concerned, financial feasibility for the efficient operation of the concession;
(11-5) efficient use of the spectrum relating to the use of all the allocated bandwidth and all given coverage area, which will be determined by the respective technical analysis prepared by SIGET;
(6) that the applicant and the applicant are solvents with state tax obligations firm and enforceable;
(7) compliance with the provisions contained in this Act, which regulate the procedures, requirements and conditions for the operation of the concession; and, 8) when the Superintendent considers it necessary, request opinion to the Superintendency of competition, which will have a maximum period of 45 days. If the opinion determined that it does not generate concentration will proceed with the corresponding procedure.
In case of transfer or partial lease of the concession, there must be previously authorized by the respective fragmentation SIGET if it were the case.
In any total or partial transfer of the spectrum the acquirer must pay SIGET costs of paperwork and registration according to the tariff structure of current costs in the register published by SIGET which will be indexed each year with the CPI.
The requirements for obtaining the authorization to transfer or take on lease, are subject to the provisions laid down in the Act and its regulations. The SIGET shall authorize the transfer and lease observing compliance with the guiding principles of telecommunications.
Any sublease frequencies will be null.
MANAGEMENT of spectrum radio article 9-B-the SIGET is the State entity responsible for the management of the radio spectrum. This management encompasses planning, management, monitoring and control technical of the use and exploitation of the spectrum, in a rational, efficient, sustainable and equitable manner, making use of the procedures and resources that require the SIGET for this purpose, and these type: economic, financial, legal, scientific and technical.
THE management of the spectrum article 9-C. The SIGET in his capacity as Manager of the spectrum must be among others, following due process, the following activities for the management of the spectrum: to) manage the exploitation of radio spectrum efficiently within the framework of the law, through the granting of administrative acts or enabling operation titles that may be necessary;
12 b) update the technical regulations to execute the function of supervision and monitoring of the radio spectrum, to ensure compliance with the technical, legal and financial aspects of the concession;
(c) update the economic value of the radio spectrum for new concessions, according to comparative studies of market;
(d) manage the national allocation of frequencies "CNAF" box, including its timely updating in accordance with national needs and relevant international treaties of which the Republic of El Salvador is a signatory;
(e) managing the national register of frequencies "RNF" and keep it updated;
f) administer the national spectrum monitoring system;
(g) coordinate with other countries use and harmonisation of radio spectrum to avoid harmful interference from either preventive or corrective action;
(h) order and reorganize the spectrum to ensure rational, efficient, economic and equitable use, in response to national needs and technological advancements; e, i) Re-attribute, reclassify, book, reassign and release frequencies of the radio spectrum for reasons of feasibility, timeliness and convenience, objective, timely, transparent and non-discriminatory way, in accordance with the provisions of this law, respecting the rights of others, fulfilling the due process and based on technical criteria.
If in the exercise of the option provided for in the literal i) of this article, the rights of exploitation of the spectrum of broadcast dealers, is affect the SIGET must reassign the new frequencies of unique nature in favour of the affected dealers, and must respect the rights of these attributed, originally given bandwidth and the rights of exploitation arising from it maintaining the same conditions in which they were granted."
Article 7.-reforming the article 10 in the following way: "update of the NTFA article 10.-is attribution of the SIGET develop and keep updated the national frequency allocation table, CNAF, document containing at least the allocation and award of the different bands of the spectrum for different services, conditions and classifications of its use and exploitation" , according to national needs, without determining the type of technology to be used, under the principle of technological neutrality.
The NTFA must be in accordance with the radio regulations (RR), ITU. Therefore the SIGET will update the NTFA at least every four years."
13 Article 8.-replace article 12 in the following way: "classification of the spectrum and title enabling article 12-radio spectrum is classified in spectrum regulated use, free use, and official use.
Is the spectrum of free use the set of frequency bands which can be used by the public in general to operate radio stations that include transmitters under certain conditions laid down by the SIGET in the NTFA.
Is the spectrum of official use the set of frequency bands intended for the exclusive use of State institutions, the frequency bands that should be reserved for future applications, as well as which must be protected under treaties, agreements or conventions. Official frequencies will be listed as such in the NTFA and with the exception of those assigned to the different State institutions will be recorded on behalf of the SIGET.
The spectrum of regulated use constitutes the set of frequency bands which have not been referred to in this act as free use or official use, whose use requires concession; This use can be unavailable: regulated trade, regulated community, and regulated private. The frequencies of exclusive and non-exclusive nature are included in the regulated use.
For the exploitation of the spectrum for official use, State institutions must request the corresponding authorization.
Anyone wishing to exploit a part of the spectrum of regulated use, shall request the respective concession to the SIGET.
For the exploitation of the spectrum of free use, not require concession or authorization. However, the SIGET will qualify, for technical reasons or ordering, frequency bands for free use that must have a license issued by it for use. For radio amateurs, these may use the spectrum for free use, previous qualification by the SIGET and registration.
Changes of frequencies between different applications only will be according to the method specified in chapter V of title VI of this law."
Article 9.-repeal of first, second and third subparagraphs and reformed the eighth paragraph of article 13 with the following: "If the amount of proceeds to apply this method of calculation generates income of more than three million four hundred thirty thousand dollars of the United States of America or its equivalent in colones per year, the SIGET must transfer the amount in excess of the amount before the nation General Fund. This limit will be adjusted annually in the way established in the preceding paragraph."
14 article 10.-reforming article 15 in the following way: "exploitation rights article 15.-the right of exploitation of the spectrum derived from qualifying titles granted by the SIGET, can be transferable or leased;" and furthermore fragmentable, in time, in the frequencies as in the geographical area, within the period for which it was awarded.
Fragmentation and defragmentations of the spectrum requests must be previously submitted by the holder of the right of exploitation, for approval of the SIGET, who will assess the request according to the common procedure laid down in this law. In case of coming will be relevant to the respective contract amendments and these shall be entered in the register; otherwise the application will be rejected.
Transfers of the spectrum must be previously submitted by the holder of the right of exploitation, for approval of the SIGET, who will assess the request according to the common procedure laid down in this law. Should be coming will be the new contract keeping conditions that was initially granted the spectrum and shall be entered in the register; otherwise the application will be rejected.
The rights of third parties arising from events with dealers, are extinguished as a result of the termination of the concession, without prejudice to the responsibilities and affectations to any place.
In any case, the holders of the right of exploitation of the spectrum, will be responsible for violations deriving from the use of the same.
The exploitation rights derived from the authorizations for the exploitation of the spectrum for official use, may only transfer between State institutions, previous process for evaluation and authorisation of the SIGET."
Article 11.-added an article 15-A, in the following manner: "application to the SUPERINTENDENCY of competition article 15-A.-the SIGET may ask the Superintendency of competition that prior feasibility study in accordance with its legal framework and powers, opinion regarding the participation of certain natural or legal persons in the processes for the granting of concessions for the exploitation of the spectrum the transfer of the right of exploitation of such concessions on the secondary market, whereas if they would significantly limit desirable competition in the market or if they create obstacles to the entry of new competitors. In any case, the request will be forwarded to the Superintendency of competition for analysis, and it shall take a decision within one period not exceeding 45 days, with the exception of the application of spectrum of non-exclusive nature.
In case of not having the answer of the Superintendency of competition within the designated period, 15 this means as favourable to being able the SIGET continue with the respective procedure."
Article 12.-replace the final paragraph of article 17 in the following way: "(El arrendamiento de las bandas de frecuencias se extingue por: a) expiration of the term of the concession;"
(b) insolvency in the payment of its obligations under the grant; (y, c) non-compliance with the obligations laid down in this Act and the enabling title. "
Article 13.-replace the literal f) article 33 in the following way: "f) operate networks or pay television services by subscription without the respective license, permit, or authorization issued by SIGET."
Article 14.-added the literal p) and q) to Art. 34 of the following form: "p) use without the proper grant or authorization issued by SIGET, radio frequencies in the spectrum of regulated or official use; and,
(q) transfer or lease the right to exploitation of a concession without prior authorization of the SIGET."
Article 15.-reforming articles 36, 37 and 38 of chapter II, sanctions regime of title V, regime of offences and sanctions in the following way: "CAPITULO II regime of sanctions sanctions for less serious offences article 36.-the least serious offences shall be punished with a fine of eleven thousand one hundred to one hundred eleven thousand dollars of the United States of America or the equivalent in colones per violation" as well as a fine of a thousand two hundred fifty United States dollars or its equivalent in colones for each day that the violation continues.
PENALTIES for the violations serious Art. 37.-Las grave breaches will be penalized with a fine of one hundred eleven thousand to two hundred twenty-two thousand dollars of the United States of America or the equivalent in colones per violation, as well as a fine of two thousand five hundred dollars from United States of America or the equivalent in colones for each day that the violation continues.
16. sanctions for offences very serious article 38.-without prejudice to the provisions of article 42 of this law, very serious offences shall be punished with a fine of four hundred forty and four thousand to five hundred fifty-five thousand United States dollars or the equivalent in colones per violation, in addition to a fine of five thousand dollars of the United States of America or the equivalent in colones per day in that infringement will continue."
Article 16.-reforming article 42 in the following way: "(CAUSALES DE REVOCACIÓN DE LAS CONCESIONES DEEL ESPECTRO RADIOELÉCTRICO Art. 42.-Son causales de revocación de las concesiones deel espectro radioeléctrico las siguientes: a) non-payment or incomplete payment of financial obligations associated with the award after after the deadline for payment, in accordance with article 63 of this law;"
(b) the non-use of frequencies for more than one specified number of consecutive days or not, for a number of consecutive weeks in accordance with the provisions in the concession contract, when apply, in consideration of the type of service of radio and the classification of application, as defined in article 6 of this law, following due process;
(c) failure to comply with the conditions laid down in the respective enabling title; and, (d) breaching provisions or orders of the competent authority, when this goes seriously against public safety.
This article does not apply to the services referred to in title VIII "Special scheme for the dissemination of free reception services" to be incorporated in article 124 of the Act."
Article 17.-added a section 54-A of the following form: "monitoring and CONTROL of the spectrum Radio Art. 54-A-the SIGET, apply the mechanisms and legal and technical procedures to carry out checking the technique of radio emissions quality and will have the necessary actions, in order to ensure the functioning of radio services and the efficient use of the spectrum ", including: detection and cessation of unauthorized emissions, identification and correction of interference to radio services including broadcasting, verification of the use of frequencies according to the conditions defined in the corresponding concession contract."
17 article 18.-replace chapter III of title VI in the following way: "chapter III procedures for the granting of titles enabling for the exploitation of the spectrum section I opening article 76.-procedures for the granting of concessions for radio spectrum may be initiated ex officio or at the request of an individual."
(a) of the ex OFFICIO procedure will mean ex officio, when the terms and conditions of the NTFA and registration, to identify a portion of available spectrum and the SIGET set that this portion has market conditions and economies of scale that are suitable for their granting and exploitation.
Later there will be a public consultation for a period of ten days, in order to determine if there are interested to continue with the process.
(b) of the procedure to request of a PARTICULAR the interested party must submit application to the SIGET, in which you must specify clearly the required portion of the spectrum, conditions and technical specifications of the radio service that aims to exploit; so the SIGET determine that harmful interference to authorized stations there are no.
This application will proceed where the rules and conditions laid down in the NTFA indicate the requested portion of spectrum available for its granting.
CAUSAL not permissible to the application of a PARTICULAR article 77.-are causes of inadmissibility of the application to obtain a concession: to) when the portion of the spectrum or radio service, applied for concession does not comply with the provisions of the existing legislation, in particular as contained in the NTFA;
(b) when the portion of the spectrum requested concessions, present electromagnetic incompatibility with other already assigned radio stations;
(c) when the applicant requested frequencies that do not require granting in accordance with the present law; and, (d) when the applicant has pending the fulfillment of any sanction imposed 18 in accordance with the present law and is in a State of firmness.
TECHNICAL report, Art. 77 - to-the Superintendent in order to boost the telecommunications sector, the information technology and communication (ICT) and efficiently manage the radio spectrum, ask the management of telecommunications, making a report on the technical feasibility, opportunity in time, market suitable for the provision and exploitation of a portion of the spectrum depending on the usage conditions. In the case of regulated commercial use, this report will define the mode of allocation of frequencies. For the preparation of the report will be multidisciplinary studies with competent entities, within a maximum period of sixty days.
This report may also recommend a fragmentation of the requested portion of the spectrum, both in time and geographical area, if this is fomentare competition and the efficient use of the spectrum and broadband.
MODALITIES for the award of concessions of FREQUENCIES Art. 78-La SIGET in the process for the granting of concessions for the exploitation of the spectrum must be applied to any of the following ways: to) direct allocation: this mode will apply to the entire spectrum of regulated use of non-exclusive nature and the corresponding technical study determined that it can operate without causing harmful interference to other stations and radio services;
(b) public auction: this mode may apply for all spectrum of regulated use of exclusive nature, with the exception of the regulated community; and, c) contest: this mode may be applied for the entire spectrum of regulated use of exclusive nature.
BEGINNING of the selection process article 79.-completed and delivered the final report by the management of telecommunications to the Superintendent, this will resolve within a maximum of ten days upon the commencement of the procedure for the award of the concession for the exploitation of the spectrum and the same mode.
TERMS of reference article 80.-as part of the procedure the management of telecommunications will prepare the terms of reference of the concession, within a period of up to sixty days. And must include the following: 1) nature of the invitation: consists of the description of the telecommunications service to provide, including public and essential, establishing the requirements necessary to become a dealer of the same, as well as the requirements, skills, 19 economic, technical and professional qualities that lead to a better fulfilment of the public interests that good demanial should serve;
(2) the frequency bands subject to concession, mode of adjudication, quality radio service object of the concession, schedules of transmission and coverage area;
(3) date, time and place of submission of tenders;
(4) publication of notice for the removal of the terms of reference;
(5) the requirements that have to meet stakeholders and supporting documents;
(6) duties related to the efficient use of frequencies to be bailout;
(7) special conditions including those relating to universal access and social inclusion, where applicable;
(8) time limits for questions and clarifications of the terms of reference;
(9) technical, financial and legal requirements for participation;
(10) methodology that will be used for the evaluation and qualification of offers;
(11) the conditions, time and form of payment for the concession when applicable;
(12) the guarantees that must be filed; and, 13) concession contract to be signed with the dealer.
APPROVAL AND PUBLICATION OF THE TERMS OF REFERENCE
Article 81.-the Superintendent by order approve on a maximum of thirty days, the terms of reference that will be made available on the website of SIGET and be ordered the publication of the notice of call in at least two national newspapers, one financial international and on the web site of SIGET inviting to download the terms of reference.
Concerned article 82.-the observations that have fulfilled the requirements set out in the terms of reference, may submit observations within the time limit set in these terms, which shall not exceed thirty days.
MODIFICATIONS article 83.-A splitting of the comments received, the SIGET may issue resolution with addendum or amendment to the terms of reference within a maximum of twenty days.
20. the addenda or amendments shall form an integral part of the terms of reference.
RECEPTION and opening of offers article 84.-the receipt and opening of tenders will be held on the date specified in the terms of reference, addenda or corresponding amendments. The development of the receipt and opening of tenders will be overseen by a firm of external auditors and will count with the presence of a representative of the Office of the Attorney-General.
EVALUATION of the offers article 85.-the evaluation will take place within a maximum period of thirty days, in order to determine bids that comply with the requirements. The management of telecommunications should be filed a report to the Superintendent with the results of this assessment, for the issuance of the corresponding resolution.
AWARDING administrative Art. 85-A-dealer will be selected among the tenders submitted which met the requirements, following the selection procedure and the mode of allocation established in the terms of reference.
PAYMENT by the award article 85-B.-in the case that it was required a economic offer, payments, shall be made within the time limits set forth in the agreement and will be by means of a certified cheque or box, electronic payment or bank transfer. The effects of the award will be conditioned to the payment of the economic offer. When the successful tenderer does not make the payment within the stipulated time, this will lose the respective guarantee presented, by entering these funds to the heritage of the SIGET and be declared void the process.
Paid, award shall become effective the day of the signature of the concession contract; which shall be entered in the register.
The SIGET will retain 50% of the final amount resulting from the auction, which will enter its heritage, transferring the rest to the Special Fund of the resources coming from the privatization of the Administration national telecommunications.
CONTRACT of concession article 85-C.-the Superintendent signed the respective concession contract, which shall specify the conditions and obligations of the concessionaire must meet pursuant to this Act, its regulations and the terms of reference, addenda and amendments, which also form part of the concession contract with the successful tenderer.
The concession contract shall contain the following obligations: 21) name and General of the parties;
(b) term of the right of exploitation;
(c) complete description of the service to pay according to the provisions of the NTFA;
(d) the technical conditions granted: Center frequency, bandwidth, geographical coverage area and others that the SIGET deems appropriate to include;
(e) the terms and conditions for renewal, if applicable;
(f) criteria for fixing and adjustment of rates, if applicable;
(g) the minimum plan of expansion and parameters of quality of service, if applicable;
(h) the rights and obligations of the parties;
(i) the penalties for non-compliance with the concession contract;
(j) amounts of rights to pay derivatives Award and its form of payment, if applicable;
(k) the guarantee of full compliance and the criteria and procedures for adjustment and renewal, if applicable;
(l) limitations and conditions for the transfer of the concession, if applicable;
(m) the form of termination of the contract, its causes and consequences;
(n) obligations related to the efficient use of frequencies to be bailout;
(o) special conditions, including those relating to universal access and social inclusion, where applicable;
(p) conditions and obligations to ensure the continuity of services and causes of force majeure and unforeseeable circumstances; and, q) any other that the SIGET has previously established in the terms of reference, if applicable.
SECTION II procedures for the granting of titles enabling for the exploitation of spectrum radio of nature not exclusive 22 request article 85-D.-the interested party must submit application to the SIGET, in which you must specify clearly the required portion of the spectrum, conditions and technical specifications of the radio service that aims to exploit; so the SIGET determine that harmful interference to authorized stations there are no.
This application will proceed where the rules and conditions laid down in the NTFA indicate the requested portion of spectrum available for its granting.
GROUNDS of inadmissibility to the request of a PARTICULAR article 85-E.-are grounds of inadmissibility of the application for an enabling title: to) when the portion of the spectrum or the service requested, radio does not comply with the provisions of the existing legislation, in particular as contained in the NTFA;
(b) when the requested portion of the spectrum present electromagnetic incompatibility with other already assigned radio stations; and, c) when the applicant has pending the fulfillment of any sanction imposed in accordance with this law and is in a State of firmness.
ADMISSION of the application article 85-F.-There is no any ground for inadmissibility and the application meets all the requirements the application will be accepted.
REPORT technical article 85-G.-the Superintendent asked to telecommunications management to do a report on the technical feasibility of the request, which must be rendered within a maximum of twenty days.
This report may additionally recommend a fragmentation of the requested portion of the spectrum, both your bandwidth and time and geographical space.
GRANTING of the concession and authorization article 85-H.-If the technical report is favorable the Superintendent issue resolution granting the request, the concession will take effect once effected the payment and in the case of authorisations they shall enter into force on the date of issuance of the resolution.
PAYMENT by the award article 85-I-the amount to be paid for the grant shall be calculated according to the regulation 23 of this law.
Payment must be made by means of a certified cheque or box, electronic payment or bank transfer, by entering these funds to the heritage of the SIGET.
This article does not apply to dealers who request the extension procedure established in article 129-A of this Decree.
Article 85-J.-the procedure laid down in this chapter shall have legal effect from the entry into force of the present reform, for new radio spectrum licenses.
PAYMENT by the award article 85-K.-the effects of the award will be conditioned to the payment by grant, which must be made within a period of five days.
The payment will be by means of a certified cheque or box, electronic payment or bank transfer.
When the successful tenderer no payment within the stipulated time, this will lose the guarantee presented as a condition of participation in the auction, entering these funds to the heritage of the SIGET. In turn the SIGET revoke the award without further formality.
The SIGET will retain 50% of the final amount resulting from the auction, which will enter its heritage, transferring the rest to the Special Fund of the resources coming from the privatization of the Administration national telecommunications."
Article 19.-reform chapter V, title VI, of the following form and repeal articles 95 and 96 of the following form: "chapter v. amendment of the classification of the use of the spectrum article 94-the management of telecommunications of the SIGET, may recommend to the Superintendent, modification of the classification of the use of the different bands of the spectrum." To carry out this modification, the SIGET published the intention of this change and will open an incident for the sole purpose of determining their origin, which shall state the procedures and deadlines referred to; in accordance with due process.
If the recommendation is approved, the SIGET will perform the corresponding update in the NTFA.
If in the exercise of this power, will affect the rights of exploitation of the spectrum of the licensees of broadcasting, the SIGET must reassign the new frequencies of unique nature in favour of the affected dealers, and must respect the rights of these attributed, originally given bandwidth and the rights of exploitation arising from it maintaining the same conditions in which they were granted.
Article 97.-any decision requiring amendment of classifications for use of spectrum frequency bands, will be published in the way established in this law."
Article 20.-added an article 97-A in the following manner: "regularization of the official FREQUENCIES Art. 97-A-official frequencies shall be governed by the SIGET, and this will verify its use for a better use of the spectrum." If it is determined that such frequencies are not being used for a period of six months, will notify the institution which has owned. There is no valid justification for non-use, frequencies will be available to SIGET, revoking your authorization, following due process.
"Such frequencies can be within the spectrum of official use, and can be authorized to another institution of the State."
Article 21.-reforming article 99 and added articles 99-A, 99-B, 99-C, 99-D, 99-E, in the following way: "procedure of renewal article 99.-the procedure for the renewal of the qualifying titles, will begin at the request of the holder, within a period of three-to-two years before the expiration.
REPORT technical article 99-A.-the Superintendent shall ask telecommunications management a technical report within the period of sixty days, upon the fulfillment of all the conditions laid down in article
124 of this Act, shall also include an analysis of the technical feasibility, suitable market conditions for the renewal of the enabling title.
Be favorable technical report the Superintendent will issue the corresponding resolution within a period of ten days.
If the report is approved, the Superintendent by decision instruct telecommunications management initiate the procedure of renewal of the granting of frequencies. To counter sensu it notified the refusal to grant the renewal.
TERMS of renewal of the title enabling article 99 B.-the terms of renewal of the enabling title shall be drawn up by the management of telecommunications of the SIGET, and you must include as a minimum the following: 1. technical, financial and legal requirements for the renewal of the enabling title;
2-25. The conditions and term of payment, in the event that apply;
3. other conditions and special obligations including those relating to universal access and social inclusion should apply;
4 contract renewal to be signed with the holder; and, 5. Investment plan on management of assets and technological resources involved in the provision and continuity of the service including essential services.
APPROVAL of the terms of renewal article 99-C.-should be from the Superintendent by order approve the terms of renewal proposed by the management of telecommunications.
EXECUTION of payment of renewal article 99-D-payments, when they apply, will be made within the time limits laid down in the contract for renovation and will be in certified cheque or box, electronic payment or bank transfer. The effects of renewal will be conditioned to the payment, in case of non-payment, it invalidates the application for renewal. Proof of such payment must be presented the day of the signing of the contract's renewal.
CONTRACT renewal of title enabling article 99-E-once received the notification of the decision within a period of ten days, the Superintendent and the owner shall sign the respective contract's renewal of the enabling title which shall specify the conditions and obligations that must be carried out in accordance with this Act and its regulations. The renewal of the title will take effect the day of the signing of the contract and must be updated in the registry."
Article 22.-merge article 115-A in the following manner: "rules for registration of operations market secondary Art. 115-A-dealers can transfer any title or lease the right operating frequencies under concession prior compliance with the following requirements: 1. that the contract made between the dealer and the purchaser or lessee is authorized by the SIGET" with respect to the technical aspects;
2 that the acquirer maintains the solvency of the obligations arising out of the concession;
3. that is not affected the continuity in the provision of the service; respect of the conditions originally offered to consumers;
26 4. Efficient use of the spectrum relating to the use of all the allocated bandwidth and all given coverage area, which will be determined by the respective technical analysis prepared by SIGET;
5 that the applicant and the applicant are solvents with state tax obligations firm and enforceable;
6 compliance with the provisions contained in this Act, which regulate the procedures, requirements and conditions for the operation of the concession; and, 7. In your case, when the Superintendent considers it necessary, request opinion to the Superintendency of competition, for which you will have a maximum period of 45 days. If the opinion determined that it does not generate concentration will proceed with the corresponding procedure.
In any total or partial transfer of the spectrum the acquirer must pay SIGET costs of paperwork and registration according to the tariff structure of current costs in the register published by SIGET which will be indexed each year with the CPI.
Will be null any sublease frequencies."
Article 23.-reforming article 116 and merge an article 116-A in the following way: "annual rate in respect of the management of the spectrum of broadcasting stations and their links article 116.-qualifying titles for use of the radio spectrum for broadcasting sound and television services will cause rates whose amount shall pay annually to the SIGET to cover costs associated with management tasks" Administration and monitoring of the radio spectrum. Payments will be made in the month of October of each year, to pay values are the result of the following formula: TA = CUE * Fs * AB * Pac * n where: TA = annual rate;
CUE = Cos to a ta r i i or of the espe c t r o, in co l s one ¢ 11. 9358, in dólares=USD$1.36408/MHz/hab/mes, whose value should be indexed annually with the official CPI factor;
FS = service Factor, for AM is equal to 0.003, FM is equal to 0.00029, TV is the same as 0.000122;
27 AB = bandwidth in MHz;
PAC = population to be covered; and, n = months of the year, 12.
In any case, by applying the above formula, the values for the annual rate may not be less than $250 in amplitude modulated (AM), frequency modulated and $1,500 $500 on Television.
RATE annual in concept of administration, SUPERVISION, and right of exploitation commercial of the services of RADIO broadcasting and broadcasting SONORA and/or television terrestrial and satellite by subscription article 116-A.-the calculation of the position of the annual rate, has a direct relationship with the number of subscribers that the licensee provides the services in a given system According to the license granted, so as to achieve the diversification of converged services, payments will be annual and remunerative way early, during the months of January and February each year and is determined by the following formula: TA cable = Fe * #suscriptores in where: TA cable = annual rate by broadcasting or sound or television broadcasting terrestrial and satellite services by subscription;
Fe = economic Factor by year/subscribers, being USD $1.80 per subscriber; and #suscriptores = the number of subscribers reported to October 31 of each year to the SIGET. Subscription television and sound broadcasting licensees must submit affidavit for the number of subscribers.
Subscribers of packages of services reported by licensees will be included within the portfolio of subscribers, only if the television is provided in the package by subscription, in all its forms.
The values will be indexed annually according to the official CPI factor.
The previously defined formula will be reviewed by the SIGET, in accordance with the methodology developed in the regulation of this law, and updated by means of an instruction, at least every 3 years, in accordance with the technological advances.
All operator services of television broadcast by subscription that provides services nationwide, to be incorporated into your grill of programming free of charge and without any, channels that operate in the frequencies of the free reception with nationwide television broadcasting services, is this spectrum of regulated use or official use.
28. the operator of broadcasting services for television by subscription that provides nationwide service, is released from the obligation established in the preceding paragraph, when in their bilateral relationship, any operator broadcasting of free reception frequency set a price for the inclusion of its channel in the schedule. There is no agreement in the price between the aforementioned parties, the operator of broadcast of subscription television services, will not transmit on your grill the respective channel.
Official and regulated use of nationwide spectrum channels will keep the same location of the spectrum in the schedule; This provision applies to the operators of television broadcast services by satellite and terrestrial subscription.
In the case of the free reception of local and regional television channels, its incorporation to the programming grid will be by agreement between the parties and in accordance with the area of operation of each system.
The SIGET will ensure compliance with the provisions of this article."
Article 24.-replaced article 119 of the form and add the article 119-A: "SUPERVISION and monitoring FREQUENCIES Art. 119.-for the allocation of broadcasting frequencies or channels, the SIGET shall adopt rules and regulations necessary, avoiding causing harmful interference to stations broadcasting that are operating legally."
SIGET, monitor, inspect and audit the operation of broadcasting stations on a permanent basis, as well as it will also require dealers information, in order to verify the proper exploitation of the frequency, the attributed service and compliance with other parameters and conditions laid down in the agreement and this Act to.
OFFENCES and penalties for broadcasters: Article 119-A-are violations of broadcasters as follows: 1) not entered in the register when there is a legal obligation to do so;
(2) not to provide information to the SIGET when any legal obligation to do so, or providing false information;
(3) cause harmful interference to the operation of the radio spectrum; and, 4) use radio spectrum without respecting the standards and technical conditions of the NTFA.
Previously established offences shall be punished by a fine the amount of which will be 29 between a hundred thousand dollars of the United States of America and thirty-three thousand dollars of the United States of America, as well as a fine of fifty-seven fourteen point the United States of America dollars for each day that the violation continues.
The regulations under this law shall determine the form of application of the present article."
Article 25.-reforming article 120 in the following way: "operators of broadcasting by Art. 120 subscription service-natural or legal persons requesting to provide broadcasting services by subscription, sound or television, must previously obtain a degree enabling the SIGET and comply with requirements which in effect set the SIGET and the respective regulations." The above independent when used medium either by means of radio waves or by networks wired."
Article 26.-replace Art. 124 of the following form: "(CAUSALES DE REVOCACIÓN DE LOS TÍTULOS HABILITANTES Art. 124.-Son causales específicas de revocación de los títulos habilitantes: a) non-payment or incomplete payment of the annual fee established in article 116 of this Act, twenty days after after the deadline, after hearing the dealer;" without contravening the provisions of article 129 of this Act;
(b) "non-use of frequencies" assigned, for a period of six months, unless unforeseen circumstances or force majeure;
(c) failure to as set forth in the concession contract, with regard to conditions and concession technical parameters and as set forth in the legislation in force;
(d) make the operation and service of broadcasting of television by subscription by wire and wireless, throughout times, areas of coverage enabled and in the provisions of the present law;
(e) not having permits and authorizations of SIGET, for licenses for distribution of subscription television service; and, f) not filing annual number of subscribers and channels that transmit or submit it with false information.
Having completed the common process established by this law by which declares the revocation and expired enabling title, subscription television system should cease the provision of the service.
Also the concession revoked and expired contract involved transmitting stations 30 shall cease their emissions and the corresponding frequencies are subject to the rules applicable to the spectrum of regulated use."
Article 27.-added article 125-A in the following manner: "regularization of concessions of FREQUENCIES of link Art. 125-A-when the dealer submits a request of links frequencies to transmit signals to the main or Repeater stations transmitting in the authorized areas, the SIGET will perform the technical feasibility study. If the result of the study is favorable, the SIGET will grant the corresponding concessions within the period established in the law."
Article 28.-replace article 126 with the following: "article 126.-the SIGET must grant concessions for the link frequencies used to transmit." Authorization for these frequencies of link and repeaters for radio and television, will not cause any additional payment.
The rights of third parties arising from events with dealers who have requested the extension, are subject to the provisions of the second paragraph of article 15 of this law."
Article 29.-reforming the third paragraph of article 127 in the following way: "unless unforeseen circumstances or force majeure, duly proven, the refusal of a licensee to transmit the national chain, will make creditor to a fine equivalent to the value of three times the annual fee for the first and second time; and six times for the third time or more."
Article 30.-reforming Article 129 in the following way: "exemptions from payment article 129.-broadcasting stations, State and community including religious, ethnic, among others, having no profit shall be exempt from the payment of the annual fee in respect of the management of the spectrum of broadcasting stations and their links referred to in article 116 of this Act."
PROVISIONS transitional provision TRANSIENT for the renewal of LAS concessions of services different LOS of broadcasting SONORA television article 31.-to existing concessions and their respective processes of renewal of concessions of different sound and television broadcasting services shall apply to the provisions of chapter III, procedure for the granting of concessions for the exploitation of the spectrum , that is repealed by this Decree, and their due dates are prior to the thirty-one December two thousand year twenty-one, and requesting the early renewal of the exploitation right.
31 therefore will continue pending until its completion in accordance with referred frame.
Special extraordinary contribution year 2017 for dealers of broadcasting SONORA and television current article 32.-the current licensees of broadcasting sound and television, will pay an extraordinary special contribution for only once in the month of July of the year two thousand seventeen, the value for the application of the formula contained in article 116 of the Telecommunications Act , without any adjustment.
GRADUALITY in the payment of the rate annual in concept of management the spectrum LAS stations broadcasting and its links article 33.-the introduction of the system of Digital Terrestrial Television in El Salvador, entails a transition process that will produce a significant economic impact for licensees of television broadcasting open operating in the frequency band UHF which will be crucial in the transition process.
The economic impact will cover inter alia the technological evolution of the production equipment, editing equipment and transmission, microwave equipment and main transmitters and antennas, repeaters and antennas, towers, peripheral equipment for distribution and storage.
For effects that current grantees can make the necessary investments involved in the implementation of Digital Terrestrial Television, the annual single rate contained in article 116 of the Act, shall be gradually. The values of transient, gradual manner for a station with national coverage are: to) in the year 2018 the amount of US $36,000;
(b) in the year 2019 the amount of US $36,000;
(c) in the year 2020 the amount of US $42,000; and, (d) starting from the year 2021 et seq. applies an annual growth rate of the 3.55 per cent, in relation to the rate of the previous year.
Payments contained in the literal to), b), c) and (d)), shall be annual and be paid the month of October of each year, until the expiration of the period of the concession.
The above provision applies only to current licensees of television broadcasts for the free receipt which operate in the UHF band. Current VHF dealers will pay the rate established in article 116 of this Act while they do not migrate to the UHF band.
In the case of the frequencies that are not national coverage the fee will be proportional to the PAC.
32 extension of the concessions of broadcasting SONORA and TELEVISION of free reception article 34.-Las concesiones services broadcasting and television, modulated frequency and amplitude modulated, for the free receipt which were granted prior to the issuance of the judgment
Unconstitutionality 65-2012/36-2014, twenty-ninth day of July of the year one two thousand and fifteen date, they will be extended for twenty years more, counted from the date of its expiration. This will happen once SIGET check that dealers have not incurred in one of the following causes: a) absence of payment or incomplete payment of the special tax established in article 116, twenty days after after the deadline, after hearing the licensee;
(b) do not use for any reason of the assigned frequency, for one year; and, c) not having permits or authorizations for the transmission of programs, when you apply.
The verification which is referred to in the first subparagraph shall be in SIGET, in accordance with the current article 124 previously to this reform.
Natural or legal persons who have granted or concessions of the above services will present your request within the period of twelve months before the expiration date, and must update in the registry the respective legal and technical information. If the expired does not present the request for extension, means that the dealer has no interest in continue exploiting the spectrum; Consequently, this shall terminate at the date of maturity, in which case the SIGET available spectrum that was assigned to such concessions, applying the existing legal framework and following due process.
Through the management of telecommunications SIGET will pay former a technical report on the fulfilment of the above conditions.
Be favorable technical report, the Superintendent issue resolution within a period of ten days, on the terms and technical conditions duly updated in the registry.
In case of negative resolution, are expedited to the concessionaire corresponding legal resources.
Upon receipt of the notification of the decision within a period of ten days, the Superintendent and the dealer will sign the respective contract of extension of the concession which shall specify the terms and technical conditions duly updated in the registry to continue in accordance with the quoted sentence, this Act and its regulations.
TRANSIENT for the DIGITIZATION of the service of broadcasting terrestrial of TELEVISION article 35.-empower the General Superintendence of electricity and telecommunications to elaborate in one period not more than one year from the entry into force of this Decree, the Plan 33 National Digital Terrestrial Television; This plan will include the process of the selection of the standard to be adopted in the country, the respective transition Plan of the Television analog to Digital Television, and associated to the implementation of the Digital Dividend, and corresponding regulations, for which the SIGET may make technical queries with recognized international agencies through existing treaties.
The SIGET relocate the new frequencies to television operators affected by the Digital Terrestrial Television; ensuring respect for the rights of affected dealers that they should migrate to other frequencies, bandwidth originally granted, the rights of exploitation arising from it, with the legal security of keeping their emissions in the same or similar conditions, and aforementioned relocation to as they were developing them; and ensuring affected dealers that they should migrate to other frequencies, enjoyment of preference in the reallocation of same frequency bandwidth and enrollment in the national table of frequency allocation, with respect to those licensees whose frequencies will not suffer any alteration with the implementation of Digital Terrestrial Television.
Regulation article 36.-replace Art. 130 of the following form: "article 130.-the reform of the regulations of this law shall issue within the maximum period of nine months from the entry into force of this Decree."
Article 37.-repeal of article 131 of this Act.
Article 38.-added article 131-A in the following manner: "GENERAL provision Article 131-A-for the purposes of this Act to be understood that reference to Superintendent and managers, covers implicitly male and the female, unless specified otherwise."
Article 39.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, in the fifth day of the month of may of the year two thousand and sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
34 JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, eighteen days after the month of may of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Tharsis Salomon Lopez Guzman, Minister of economy.
D. O. N ° 91 volume N ° 411 date: May 18, 2016.
FN/pch 20/06/2016 index legislative
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