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Tender slow of the third television channel in Colombia

According to the State Council until ANTV issue regulation necessary, it cannot open the tender for new TV channels.

April 28, 2014

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The State Council gave a wake-up call to the National Television Authority (ANTV) to refrain from further bidding for the grant of new channels of private operation, while the rules governing market access and service under free and equal competition are not dispatched.

The decision of the High Court was made to fail a class action filed by an individual, which meant that the administrative morality and public property was protected, due to the irregularities that occurred in the process of awarding the third channel that was terminated by the State Council in 2012.

Section Three, with presentation of Judge Stella Conto Díaz del Castillo, found irregular actions of the National Television Commission (now ANTV) and the Ministry of Communications (now Ministry of Information Technology) by violating the collective rights of the population by the lack of planning, transparency, efficiency and competitive tender which was annulled.

"By failing to issue regulatory standards in equal conditions to establish the entry conditions and service subject to competition and media pluralism, the objective assessment of the grant , access to the networks of other operators, quality and programming , causing the withdrawal of two of the companies registered as potential bidders. In addition to assessing the grant information and criteria that do not meet the legal requirements, in both used was not verified by the state, failing in its duty to do so and, instead , went to criteria unauthorized legally as granting exclusivity dealer market," said the statement.

The ruling stated that the process was not transparent in defining frequencies that should be allocated to the new dealership and arbitrarily stripped Channel 13 from the public operator: Teveandina.

The Council warns ANTV refrain from repeating misconduct in processes forward for the award of new TV channels and to give eight months to the Commission for Communications Regulation to define aspects of the organization of market, especially those related to the conditions for the entry of new operators.

"All in order to ensure efficiency, competition, media pluralism and control monopolistic practices," say the providence.

The judgment also ordered to review the procedure to reallocate Canal 13 to the public operator Teveandina, and rescission effects the award decision to the private operator.

The opinions expressed in this article are those of the authors and do not necessarily reflect the viewpoints of Activo Legal Ltda.