INTRODUCES MODIFICATIONS INDICATED IN LAW N ° 18.168, GENERAL OF TELECOMMUNICATIONS Having present that the H. National Congress has given its approval to the following Bill of Law: " Article 1 °.-Introduces the following amendments to the law N ° 18.168, General Telecommunications: 1. Reposition, in Article 3, point (e), by the following: " (e) intermediate telecommunications services, consisting of the services provided by third parties, through facilities and networks, intended to meet the needs of the (b) the transmission or switching of telecommunications dealers or operators in general, or the provision of long-distance telephone service to the community in general. "1a.-First, in Article 5, the word" preferably ". 1b.- Add, in the second indent of Article 6 °, by replacing the endpoint (.) with a comma (,), The following sentence: "without prejudice to the powers of the courts of justice and the special bodies established by Decree Law No 211 of 1973." 1c.-Add, in Article 7 °, the following second indent, new: " It shall also be for the control and supervision of the operation of the public telecommunications services and the protection of the rights of the user, without prejudice to the judicial and administrative action to which they are entitled. "2.-Substitute Article 10, as follows:" Article 10.-Limited services whose transmissions do not exceed the premises of their installation or use only facilities and authorised networks of intermediate service dealers to exceed that scope, within or outside the country, will not require permission. For these purposes, they shall have the quality of buildings only those which, by their nature, are excluded from the buildings by destination and by adherence. "2a.-Add, in Title III, following the word" Telecommunications ", (b) the following sentence: "and of the Amounts of Reimbursable Financing". 2b.-Add, following Article 24 C, Articles 28 A, 28 B, 28 C and 28 D, which become Articles 24 D, 24 E, 24 F and 24 G, respectively, with the following amendments: -In Article 28 A, which becomes 24 D, interspersed between the comma (,) that follows the word "service," and the word "by", the phrase "outside its service zone,". -In Article 28c, which becomes 24 F, replace the reference to Article 28 A by Article 24 D.-Remove Article 28 E. 3.-Add, following Article 24, the following Article 24a, new: " Article 24a.- Telephone public service concessionaire shall establish a system of multiple-carrier disallowed that allows the subscriber or user of the telephone public service to select long distance, national and international services, from the Intermediate services dealer of your preference. This system should allow the selection of the intermediate service in each long distance call, both automatically and via operator, marking the same number of digits to identify any intermediate service concessionaire. The identification digits of each intermediate service dealer shall be assigned by means of drawings made by the Telecommunications Subsecretariat. The public telephone service provider must provide, provide and provide any intermediate service concessionaire that provides long distance services, as well as access classes or connections to the telephone network. It shall also not discriminate among others in any way, in particular, with regard to the quality, extent, time, value and price of the services it provides to them for reasons of access or use of the multi-carrier system. Intermediate service dealers may establish an optional, contracted multi-carrier system which allows the subscriber to choose the long distance, national or international services of the intermediary services dealer in his/her preference, by convention, for a given period. The public telephone service concessionaire must provide, give and provide all the dealers of intermediate services providing long-distance services, on equal terms, in terms of economic, commercial, technical and information, facilities that are necessary to establish and operate the contracted multi-carrier system. The functions of measurement, valuation, invoicing and collection of long-distance services shall be carried out by the undertakings which provide such services, without prejudice to the fact that they may be carried out by contracting the whole or part of such functions with the telephone public service concession holder, who shall be obliged to provide such service once required, according to tariffs fixed in accordance with Articles 30 to 30 J, by the Ministries of Transport and Telecommunications and Economy, Development and Reconstruction, hereinafter "the Ministries", which also they must approve or set the format, dimensions and other details of the unique account that the subscriber will receive. The public telephone service operator shall, at its cost, make any changes necessary to connect the long-distance intermediate service dealers who so request. The charges that the public service dealer may charge to intermediate service dealers in order to recover these costs, as well as the terms and time limits in which the modifications referred to are to be made, must be approved or fixed by the Ministries. Telephone public service concessionaires may not provide any information regarding intermediate service dealers, but only on equal terms and format, in order to include, in the telephone and other guides circulation publications among its subscribers, the identification digits, as established by the Fundamental Technical Plan of Telephone Numbering, as well as the countries and access codes for long-distance, national and " Any modification of the telephone networks must be informed, with due anticipation, by the public telephone service concessionaire, to all intermediate service dealers providing long-distance services, in terms of Discrimination. The public telephone service concessionaire shall make available to intermediate service dealers providing long-distance services, in non-discriminatory terms, all relevant information relating to subscribers. and the users and the traffic involved. The specification of this information, of the means to supply it and of the rates applicable for this concept, will be approved or set by the Ministries. The intermediary service operator providing long-distance services with a tariff setting, as set out in Article 29, shall be obliged to provide such services to other intermediate service dealers providing services. also long-distance services, on non-discriminatory terms. Any agreement concluded by a public telephone service dealer or intermediate service dealer, which relates to the provisions of this article and to its rules of procedure, shall be sent to the Telecommunications Secretariat, within 20 days from the date of its conclusion. The provisions of this Article shall be regulated by a supreme decree, which shall be signed by the Ministers for Transport and Telecommunications and Economic, Development and Reconstruction. " 4.-Substitute Article 25, by the following: " Article 25.-It will be the duty of public telecommunications service dealers and intermediate service dealers to provide long-distance telephone service, establish and accept interconnections, according to the rules techniques, procedures and deadlines set by the Sub-Secretariat of Telecommunications, in order to enable subscribers and users of public services of the same type to communicate with each other, within and outside the national territory. In the case of interconnections between telephone public service networks and networks of intermediate telecommunications services, for long distance communications, it will be the sole responsibility of the service concessionaire. Telecommunications intermediate access to the local network of each primary area in the network or the network termination points set by the Telecommunications Subsecretariat. It shall also be the obligation of the public telephone service concession holder to establish interconnections with intermediate service networks requested in those points, in accordance with the provisions of Article 24a and its rules of procedure. The intermediary service dealer who is required to provide long-distance services to other dealers of the same type, as provided for in Article 24a (10), shall be obliged to accept and establish the interconnections which he or she are requested for that purpose. In this case it shall be the sole responsibility of the concessionaire requesting the interconnection to access the pre-existing network at the interconnection points fixed by the Telecommunications Subsecretariat. In the case of interconnections between telephone public service networks of different dealers, in the same primary area, for local communications, it will be the exclusive responsibility of the new dealer to access the network. pre-existing at the network termination points set by the Telecommunications Subsecretariat. The prices or tariffs applied between the dealers for the services provided through the interconnections, will be fixed according to the 5.-Substitute Article 26, by the following: " Article 26.-Telecommunications service dealers may install their own systems or use those of other undertakings, in accordance with concessions which have been granted to them. However, only concessionary undertakings for the intermediary of telecommunications services constituted as public limited liability companies, which may be subsidiaries or coligadas of public telecommunications service concessionaires, may install, operate and operate means providing long-distance switching or transmission functions for the public telephone service, providing long-distance national and international telephony services, and establishing agreements with foreign correspondents for this purpose. In any case, telecommunications intermediate service providers providing long-distance telephone service will be able to offer national and international long-distance telephone communications in direct-care centres. to the public, after communication to the Telecommunications Subsecretariat. In addition, public telephone service dealers may install, operate and operate public telephones outside their service area, after prior communication to the said Subsecretariat. Public telecommunications service dealers may not market services on behalf of operators of intermediate telecommunications services providing long-distance services, and vice versa. All licensees and operators of telecommunications services shall have access to the use of satellite systems and international cables, under conditions of equality in technical and economic terms, according to the terms of the concession or permit. the parties have agreed and without prejudice to the provisions of the second subparagraph of this Article. Any communication exceeding a primary area shall be considered as a long distance for the purposes of this law. "5a.-Intercalase, in Article 27, the following second indent, new:" Any suspension, interruption or alteration of the service Telephone, which exceeds 12 hours for reasons not attributable to the user, shall be discounted from the monthly basic service fee at the rate of one day per 24 hours or a fraction of more than 6 hours. If the suspension, interruption or alteration exceeds 3 consecutive days in the same calendar month and does not obey force majeure or fortuitous event, the concessionaire shall indemnify the user with three times the value of the basic daily rate for each day of suspension, interruption or alteration of the service. The discounts and allowances set out in this Article must be discounted from the nearest monthly account or invoice. '6.-Replace the' Title IV of the Repayable Financing Amounts 'by the following:' Title IV of the Fund Development of Telecommunications ", with the following articles:" Article 28 A.-Create the Telecommunications Development Fund, under the Ministry of Transport and Telecommunications, hereinafter "the Fund", for a period of four years. years, counted since the validity of this law, in order to promote the increase of the Telephone public service coverage in low-income rural and urban areas, with low telephone density. The Fund will be made up of the contributions that will be entered annually in the nation's budget law and other contributions. Article 28 B.-The Fund shall be administered by the Telecommunications Development Council, hereinafter "the Council", composed of the Minister of Transport and Telecommunications, who shall preside over it, and by the Ministers of Economy, Reconstruction, Finance and Planning and Cooperation, or their representatives, and three professionals with experience in the area of telecommunications and linked to the various regions of the country that will be appointed by the President of the Republic. The Executive Secretary of the Council shall be the Deputy Secretary of Telecommunications, who shall be responsible for the minutes of the sessions and the quality of the minister of faith. In the absence of the Minister for Transport and Telecommunications, the Minister for Economic Affairs, Development and Reconstruction or his representative will chair the session. If there is a tie in the votes to take agreement, it will resolve who will chair the respective session. The rules of procedure of the Council shall be determined by the rules of procedure, the forms of designation of the members to be appointed by the President of the Republic, as well as the requirements to be met by such members. Article 28 C.-The Telecommunications Subsecretariat shall receive, until September of each year, suggestions and proposals for specific projects, carried out by telecommunications service concessionaires, municipalities, neighborhood boards, or third parties, in order to draw up the programme of eligible projects to be implemented during the following year. Once this procedure has been completed, the Secretariat will make the annual programme available to the Council within two months, accompanied by the technical-economic evaluations of the projects and their respective social priorities. The Council, within ten days of receipt of the said programme, will have to request a report from the Ministry of Planning and Cooperation, which must be evacuated within thirty days, to count on the requirement. However, if that report is not received within the time limit, the Council may proceed without it. Article 28 D.-The annual programme of subsidized projects, referred to in the previous article, will consider the following types of projects: (a) Within the areas of mandatory public telephone service attention, telephones will be provided public or call centres, which may be supplemented by other benefits, and (b) Outside those areas, the same types of projects as referred to in point (a) shall be considered, which may also include lines of subscribers not affected by subsidy. Article 28 E.-The Council shall have the following tasks: 1) Establish the annual programme of eligible projects and their priorities. 2) To allocate, by public tender, the projects and the subsidies for their implementation. 3) Prepare and disseminate the annual activity memory. Article 28 F.-The basis of the public tender shall specify: the minimum service area of the project; the quality of the service; the maximum rates to be applied to the users within that minimum area, including their indexation clauses; the time limits for the execution of the works and the initiation of the service; the maximum amount of the subsidy and other relevant requirements. Any undertaking entitled as a legal person or, if it is a subsidiary or a coligad, controlled by or is a concessionaire of a public service or a telecommunications intermediary owner of more than 20% of its capital, may be submitted to the competition. as an open limited company. The allocation mechanism for projects should consider further weighting for those applicants who have submitted them in accordance with the provisions of Article 28c and in their rules of procedure. Without prejudice to the above, the projects will be allocated to the applicants whose proposals, in accordance with the principles of the competition, require the minimum subsidy for one time. Article 28 G-Assigned a project, the Council shall forward the respective records to the Telecommunications Subsecretariat, which shall process the corresponding public telephone service concession within the 60-day period, of an expeditious procedure which will provide for the regulation. In the cases referred to in Article 28d (a), the granting of a public telephone service shall be restricted to the installation, operation and operation of public telephones and call centres. Article 28 H.-The subsidies provided for in this Title will be financed from the Fund's resources and will be paid through the Treasury Department, in the manner determined by the regulation. These subsidies will not constitute income for their beneficiaries. Article 28 I. The provisions of this Title shall be regulated by supreme decree, which shall be signed by the Ministers for Transport and Telecommunications, Economic, Development and Reconstruction and Finance. " 7.- Article 30 E, as follows: A) Replace the first paragraph, for the following: " For each tariff area, efficient tariffs will be determined, understanding for those ones that, applied to the expected demands for the useful life of the expansion project corresponding, generate a collection equivalent to the respective incremental cost of development. " (b) Add the following third paragraph, new: " Yes, having defined the efficient undertaking in accordance with Article 30 A, for reasons of the indivisibility of the expansion projects, they may also satisfy, total or In part, the expected demand for non-regulated services to be carried out by the concessionary companies will have to be considered only a fraction of the corresponding incremental development costs, for the purpose of calculating the efficient tariffs. This fraction shall be determined in accordance with the proportion in which the assets of the project are used by the regulated and non-regulated services. "8.-Substitute Article 30 F.-For the following:" 30 f.-Final rates may be used differ from efficient tariffs only when economies of scale are to be checked, as indicated in the following points. In those cases where economies of scale are to be checked, the final tariffs will be obtained by increasing the efficient tariffs until, in application of the demands laid down for the Useful life period of the assets of the efficient company designed according to Article 30 C, generate a collection equivalent to the total cost of the respective long term, thus ensuring self-financing. The above increases must be determined in order to minimise the inefficiencies introduced. If, for reasons of indivisibility of the efficient company considered in the previous subparagraph, it is possible to provide, in addition, non-regulated services to be provided by the respective concessionaire, the same criterion as set out in the 9.-Substitute Article 30 G, as follows: " Article 30 G.-Final rates for long-distance telephone communications shall be established by means of tariff formulae. Tariff formulae for long-distance national communications shall include the rates of access to local networks and the national long distance tariffs of intermediate telecommunications services. Tariff formulas for long-distance international communications will include tariffs for access to local networks, long-distance, domestic and international tariffs, for intermediate telecommunications services, and for 10.-The following Article 36a: " Article 36a.-Failure to comply with the provisions of the Treaty on the European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council Articles 24a, 25 and 26, and their regulations, shall be punishable by fines not less than 100 higher than 10,000 monthly tax units. Similarly, in serious and urgent cases, the Secretariat may, after hearing the undertaking concerned, suspend the provision of the service of that concessionaire which does not comply fully with those rules, for the time necessary to restore the (a) a pre-existing situation at the time of the infringement and, in addition, it may provide that it provides services under the name and benefit of the injured dealer or that the means of providing the relevant service are provided to it. Without prejudice to the foregoing, the public telephone service concessionaire who, by any means and for any time whatsoever, prevents, intervenes, alters, hinders, demorates or channels to a dealer other than the one selected by the The user shall incur an infringement which shall be punishable by a fine which shall not be less than 1000 UTM and not more than 5,000 UTM. In addition, and in the form of legal compensation, the concessionaire concerned must pay the sum of 100 UTM for every minute or minute fraction of the infringement. In addition, each infringement of Article 24a (2) shall be deemed to be a violation of free and fair competition and shall be sanctioned with a fine of not less than 1000 UTM and no more than 5,000 UTM, without prejudice to the (a) compensation to be granted to the long-distance intermediate service concession (s) which are affected by the discriminatory act. The obstruction, delay or delay in accepting and establishing the interconnection, by any means whatsoever, shall constitute an infringement which shall be sanctioned with a fine of not less than 1000 UTM and no more than 5,000 UTM, without prejudice to the compensation to be granted by the dealers or dealers affected by the infringement. Such complaints or actions may not be suspended, unless the administrative authority or court concerned expressly decrees it. Intermediate service dealers referred to in Article 24a (9) of this Law, who use the information provided to them in accordance with that provision for purposes other than commercial activities directly related to their own social change as undertakings providing intermediate services for such communications, or providing such information to third parties, shall be subject to a fine of not less than 100 and not more than 1,000 units monthly taxes. Also, the failure by a concessionaire or beneficiary of a subsidy to comply with the provisions of Title IV of this Law or the Regulation of the same law, relating to the conditions laid down in public tenders for the execution of projects affected by subsidy, will be sanctioned with fines expressed in monthly tax units, which may have the maximum value up to triple the amount of the subsidy considered for the project awarded to the infringer. The proceeds of the fines provided for in this Article shall be allocated to the Telecommunications Development Fund referred to in Article 28a. The intermediate service concessionaire which provides long-distance services and which is a subsidiary or coligado de or de whose capital is owned by 20% or more a public service provider of telecommunications which, through any means or in any way other than the distribution of dividends, absorb costs of or transfer profits to the public telecommunications concessionaire in respect of which there are any such situations, in the event of revocation of the concession, without prejudice to the application of the maximum fine of tripling, to the concession-holder with the infringement. '; Article 2.-Telephone public service concessionaires shall provide facilities to enable the subscriber to verify, at his or her own home, the calls made through his or her premises. Such facilities shall be provided at the request of the subscriber and at his/her expense. Any additional service to the local telephone service must be expressly requested by the user and may not be refused by the dealer. The respective contract must indicate each additional type of service that is added to the local service. The user, in any time and by simple written communication, may suspend or renew all and any additional services. The suspension or renewal shall be governed by the working day following that in which the respective communication has been delivered to a branch, agency or office of the concessionaire. The public telephone service provider may not deny, suspend or limit the local telephone service for the non-contracting of additional services, nor may it subordinate the hiring of any of these to the hiring of two or more or a package of them. In the same way, it will not be able to deny subscribers or users of other public telephone service dealers interconnected to their network, which expressly require them, the provision of additional services to their own subscribers. Article 3.-State that, to count from the date of enactment of this law, the concessions of telecommunications services awarded to the "National Company of Telecommunications S.A.", by means of the supreme decrees that are indicated below, constitute concessions for intermediate telecommunications services, in accordance with the provisions of Article 3 (e) of Law No 18.168 of 1982, General Telecommunications, as amended by this Law: May 7, 1963; 983, of 4 June 1965; 1,080, of 25 June 1965; 1.352, of 3 August 1965; 1,050 of 30 July 1968; 1,107 of 12 August 1968; 81 of 14 January 1969; 645 of 19 May 1969; 108 of 15 January 1971; 150 of 26 January 1971; 1,218 of 24 August 1971; and 650 of 25 May 1973 of the Ministry of the Interior; numbers 753 of 16 November 1976; 755 of 16 November 1976 and 762 of 18 November 1976, all of the Ministry of National Defence; numbers 130 of 11 October 1978; 3 of 3 January 1979; 52 of 28 of July 1983; 54, of 29 July 1983; 55, of 29 July 1983; 61, of 8 August 1983; 99, of 4 October 1983; 100, of 4 October 1983; In 1983, 113, of 30 July 1985 and 120 of 15 July 1986, all of the Ministry of Transport and Telecommunications. Transitional Articles Article 1 of the transitional provisions.-The concession holders of public telecommunications services must transfer to a subsidiary or coligated company, constituted as an open-ended public limited company, the authorized own resources provided by the long-distance transmission or switching functions, corresponding to the public telephone service, within the maximum period of three months, counted since the enactment of this law, if they wish to continue operating them. The transfer must be perfected by public deed, in which it will be recorded, as present, of the Assistant Secretary of Telecommunications. Within the above three-month period and while the public service concession holder has not perfected the transfer of long-distance media, the latter may continue to provide long-distance services on the terms that have been prior to the promulgation of this law. For the sole purpose of the transfer in the form indicated, an intermediate service concession shall be deemed to be a concession of intermediate telecommunications service, which shall enable the subsidiary or coligada referred to in the preceding paragraph, to install, operate and operate the transferred media and provide long-distance telephone service, as provided for in this law. Similarly, the service concessions to install, operate and exploit the corresponding means to provide long-distance telephone service, in current processing, requested by anonymous companies open subsidiaries or coligadas de public telephone service concessionaires, in respect of which the Telecommunications Subsecretariat did not express any objections or received opposition within the time limit set out in the article Article 16 of Law No 18.168, must be granted, by the dictates of the respective supreme decrees, within the period of thirty days, counted from the date of publication of this law. Article 2 (a) transitional period.-In the case of long-distance telephone communications, as long as there is no direct selection from subscribers and users of long-distance services, the Telecommunications Subsecretariat, by means of Exempt resolution, must adjust the long distance components of the tariff formulae referred to in the first paragraph of Article 30 G, according to the corresponding rates applied by the intermediate service dealers Telecommunications. Article 3 Transitional.-The dealers of |! |telephone public service shall put in |! |operation the system of the multi-carrier device, which |! |is set out in article 24a of the law N ° |! | 18,168, at the latest, within the time limit established in the |! |following calendar: A) Telephone public service concessionaires, |! |excluding mobile phone: Primary Zones Dates 1) Curic and Talca. August 27, 1994. 2) Linares, Chillan, Los Angeles and Temuco. September 17, 1994. 3) Quillota, Los Andes, Valparaiso and San Antonio. September 24, 1994. 4) Arica, Iquique, Antofagasta and Copiapo. 1 ° October 1994. 5) La Serena, Ovalle and Punta Arenas. October 8, 1994. 6) Valdivia, Osorno, Puerto Montt and Coihaique. October 15, 1994. 7) Rancagua and Concepción. 22 October 1994. 8) Santiago. October 29, 1994. b) The telephone public service concessionaires |! |mobile will have to operate the system of |! |multicarrier dislocated, at the latest, on October 29 |! |of 1994. Failure of the deadline set for the |! |the operation of the multi-carrier system |! |dislocated in a given primary zone, will be |! |sanctioned in each case with the maximum fine |! |contemplated in the first paragraph of article 36 bis. |! | In such a case, and as long as you do not operate the system of choice |! |of the carrier by the user, the dealers of |! |public telephone services will have to distribute the |! |long distance traffics originated in the |! |respective primary zone in form equal among the |! |carriers who have requested and have a means of |! |interconnection, the fines provided for in |! |the first paragraph of Article 36a, in case of |! |non-compliance. The Ministries of Transport and Telecommunications |! |and of Economy, Development and Reconstruction will have to dictate |! |the regulation of the article 24a and the Subsecretariat of |! | Telecommunications will have to establish a system of |! |control of the system Multi-carrier disengaged, within the |! |term of three months, counted from the date of |! |publication of this law. The provisions of the second paragraph of article 26 |! |of this law shall enter into force at the time that |! |begins to operate the multi-carrier system disengaged, in |! |conformity to the provisions of article 24a of this |! |law. Transitional Article 4.-For the purposes of the public telephone service, excluding mobile telephony, the country is divided into 13 primary areas. These areas correspond to those currently existing, according to the Basic Technical Plan for Telephone Routing in force, with the exception of the primary areas of Copiapo, La Serena and Ovalle, which are merged; of Quillota, Valparaiso, Los Andes and San Antonio, who merge; from Talca, Linares and Curico, which merge; from Chillan, Concepción and Los Angeles, which are merged; and from Valdivia, Osorno and Puerto Montt, which are also merged. From one hundred and twenty days after the entry into force of this standard, and for the purposes of the telephone public service, excluding mobile telephony, the country will be constituted in a primary zone, in the form and progression that the Subsecretariat of Telecommunications define by means of the corresponding technical standard; process which in any case must be completed within the maximum period of one hundred and eighty days. For the purposes of the implementation of this law, the period laid down in the second paragraph of Article 24 of Law No 18.168 shall not be considered. Article 5 ° Transitory.-For a period of |! |four years for long distance telephony national and |! |three years for long distance telephony |! |international, for periods of twelve months, measured to |! |count of the establishment of multi-carrier system |! |respective device, the services conesionaries |! |intermediate, henceforth carriers, will have limited their |! |participation in the market, according to a percentage |! |maximum of the total number of minutes of telephone |! |long national and international distance, measured as |! |the following table: TEMPORARY LIMITATION IN LONG DISTANCE (percentage of total number of valuables) Maximum long distance participation I. Long National Distance Year 1 Year 2 Year 3 Year 4 (a) Linked Carriers 35% 45% 55% 60% (b) Other Carriers 80% 70% 60% 60% II. Long Distance International Year 1 Year 2 Year 3 (a) Linked Carriers 20% 35% 30% (b) Other Carriers 70% 65% 60% It is understood by carrier linked to subsidiaries, |! |coligadas or related companies belonging to the |! |same business group, of service dealers |! |public telephone that originated at least 40% of the |! |minute long distance telephony appraisables |! |national or international, respectively, measured said |! |percentage sobe the total of tasables minutes. The limitation to participation will be applied by |! |separate to each carrier, whether or not linked, unless |! |that two or more carriers are subsidiaries or coligates of |! |one same parent company or belong to the same group |! |business according to the which sets the Title XV |! |of the Stock Market Act, in which case the |! |restriction will govern for the related |! |carriers. The calculation of the market share |! |will consider the entire telephone traffic received |! |by a carrier, regardless of whether or not it is |! |submitted by this same, excluded services |! |intermediate provided to other carriers. For this |! |effect will be considered as a whole to the carriers that |! |be subsidiaries, coligadas or related companies |! |belonging to the same business group. Transitional Article 6.-For the purposes set out in the previous Article, dealers shall send the information on long-distance telephone traffic on a monthly basis to the Telecommunications Subsecretariat in the manner determined by the latter. in the regulation, considering all traffic originated or completed in public telephone networks. This information shall be disclosed by the Secretariat to all the dealers who have submitted the information. The Secretariat may, directly or through the procurement of specialized third-party services, carry out measurements at the premises of the dealers and may request the technical, commercial or financial information it deems appropriate. to the dealers and the clients of these, in order to corroborate the information sent by those. The information thus obtained may not be used for purposes other than that indicated. The Secretariat shall be responsible for the confidentiality of such information. In the event that the required information is not delivered or a distorted information is delivered, the authority may apply the service suspension measure for a period of not less than three months. Article 7-Transitional.-If a carrier exceeds the maximum participation limit by more than three percentage points in the minutes accumulated at the end of a quarter, within the respective twelve-month period, a non-lower fine shall be applied. the excess percentage applied to the corresponding accrued accrued income, and not more than twice that amount. However, if a bearer exceeds the maximum participation limit in the minutes accumulated at the end of a six-month period within the respective 12-month period, the Sub-Secretariat shall apply a fine of not less than twice the percentage in excess applied to the corresponding accrued accrued income, and not more than twice that amount. The repeated non-compliance with the established participation limits may be sanctioned with the suspension of the service for a sufficient period of time for the lack of traffic to be compensated for the excess traffic caught, or with the application double the fine set out in the previous subparagraph, as appropriate. Article 8 "Transitional".-The greatest expense that the application of the provisions of article 28 A of this law demands during 1994, will be finalized by means of transfers of item 50-01-03-25-33.104 of the Public Treasury of the current budget. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 9 March 1994.-PATRICIO AYLWIN AZOCAR, President of the Republic.-German Molina Valdivieso, Minister of Transport and Telecommunications. What I transcribe for your knowledge.-Salute attentively to you-Roberto Pliscoff Vásquez, Deputy Secretary of Telecommunications.