Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 142
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That in accordance with Article 110 of the Constitution, it is the duty of the State to regulate and monitor public services, as well as to approve their tariffs;
II.-That the provisions contained in the current Law of Telecommunications, Legislative Decree No. 807 dated September 12, 1996, published in the Journal Officer No. 189, Tomo 333, dated October 9 of the same year, are insufficient to exercise adequate regulation and surveillance of the public service of telephony and its rates, by the State;
III. To ensure that citizens are provided with essential public services to the community, it is necessary to lay down provisions allowing the State, in accordance with the current constitutional framework, to carry out the social function of protection for consumers in obtaining such services;
IV.-Consequently, the powers the State in respect of the approval of public service charges must be established in such a way as to enable it to provide a sufficient field of action to ensure the provision of such services under conditions of social justice, and at the same time, clearly set out the legal conditions for the provision of such services to ensure the legal certainty of persons engaged in such activity;
V.-That it is necessary to promote freedom of choice and recruitment by The European Parliament, the Council of the European Union, has adopted a proposal for a Council directive on modern regulatory legal, to encourage free competition and eliminate administrative arbitrariness; and;
VI.-That because of social interest, and the magnitude of the necessary reforms that must be introduced to the Law of Telecommunications for To enable the actions referred to in the previous Considerations, it is appropriate to create a new legal body;
BY TANTO,
in use of its constitutional powers and at the initiative of the Romanian Ronal Deputies, Ruben Ignacio Zamora, Alejandro Dagoberto Marroquín, Walter Rene Araujo Morales, Abraham Rodriguez, Isidro Antonio Caballero, Juan Ramon Medrano, Olga Elizabeth Ortiz, Sigifredo Ochoa Perez, Jorge Alberto Barrera, Francisco Guillermo Flores Perez, Ciro Cruz Zepeda Peña, Julio Antonio Gamero Quintanilla, Jose Rafael Machuca Zelaya, Alfonso Aristides Alvarenga, Juan Duch Martinez, Francisco Edgardo Monge, Gerber Mauricio Aguilar Zepeda, Rene Napoleon Aguiluz, Alex Rene Aguirre, José Antonio Almendariz Rivas, José Orlando Arevalo Pineda, Donal Ricardo Calderón Lam, Olme Remberto Contreras, Luis Alberto Cruz, Jesús
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Grande, Carlos Alberto Escobar, René Mario Figueroa Figueroa, Hermes Alcides Flores Molina, Nelson Funes, Elizardo González Lovo, Roman Ernesto Guerra Romero, Jose Ismael Iraheta Troya, Jose Roberto Larios Rodriguez, Carlos Guillermo Magana Tobar, Alvaro Gerardo Martin Escalon, Julio Eduardo Moreno Niños, Jorge Alberto Munoz Navarro, Salvador Horacio Orelana Alvarez, Ruben Orellana, Mariela Pena Pinto, Renato Antonio Perez, Norman Noel Quijano Gonzalez, Jose Mauricio Quinteros Cubias, Victoria del Carmen Rosario Ruiz de Amaya, Rene Oswaldo Rodriguez Velasco, Jose Mauricio Salazar Hernandez, Mercedes Gloria Salguero Gross, Julio Alfredo Samayoa, Gerardo Antonio Suvillaga García, Santiago Ernesto Varela, María Elizabeth Zelaya Flores, Amadeo Aguiluz Aguiluz, Mario Roberto Pacheco Caballero,
DECCRETA, the following:
LAW OF TELECOMMUNICATIONS
TITLE I
CHAPTER GENERALATIONS
OBJECT
Art. 1. THE PURPOSE OF THIS LAW IS TO REGULATE, REGULATE AND MONITOR ACTIVITIES RELATED TO THE TELECOMMUNICATIONS AND INFORMATION AND COMMUNICATION TECHNOLOGIES, INCLUDING RADIO SPECTRUM MANAGEMENT; ACCESS TO ESSENTIAL RESOURCES; THE NUMBERING PLAN, THE PUBLIC TELEPHONE SERVICE; THE EFFICIENT MANAGEMENT OF NETWORKS; THE QUALITY, COVERAGE AND CONTINUITY OF TELECOMMUNICATIONS SERVICES AND THE PROTECTION OF THE RIGHTS OF USERS. (17)
It is also established that the General Superintendence of Electricity and Telecommunications, will be the entity responsible for applying and ensuring compliance with the rules and regulations established in this Law and its regulations.
Telecom activities performed by the service operators of: (a) sound broadcasting of free reception; (b) free-reception television; (c) sound distribution by subscription, via cable or radio-electric means; and (d) distribution of television by subscription via cable or radio-electric means; shall be subject to the special arrangements provided for in Title VIII of this Law.
THE SIGGET IN THE EXERCISE OF ITS FUNCTIONS SHALL BE REQUIRED BY THE OPERATORS OF COMMERCIAL TELECOMMUNICATIONS NETWORKS, THE TECHNICAL INFORMATION NECESSARY FOR THE PURPOSES OF VERIFY COMPLIANCE WITH THE LAW, ITS REGULATIONS AND THE APPLICABLE RULES. (16)
THE SIGET MUST PERFORM IN ITSELF, OR THROUGH THE EXPERTS OR AUDITORS AUTHORISED AND DESIGNATED FOR THIS PURPOSE, AND SUPERVISED BY SIGET PERSONNEL, THE INSPECTIONS IT DEEMS NECESSARY FOR THE PURPOSE OF VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED, TO THE EXTENT NECESSARY FOR THE EXERCISE OF ITS FUNCTIONS. (16)
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THE SIGET IS THE ENTITY IN CHARGE OF MANAGING, MANAGING AND MONITORING THE RADIO SPECTRUM; AND IT IS THE COMPETENT AUTHORITY TO VERIFY THE REGULARITY OF THE CONDITIONS OF THE ENABLING SECURITIES, AS WELL AS TO APPLY THE APPROPRIATE PENALTIES OR CORRECTIVE MEASURES. (17)
FINES
Art. 2.-The rules of this Law shall apply in the light of the following purposes:
a) PROMOTING UNIVERSAL ACCESS, AFFORDABILITY AND THE APPREHENSION OF INFORMATION AND COMMUNICATION TECHNOLOGIES ENABLING THE FULL EXERCISE OF THE RIGHTS TO FREEDOM OF EXPRESSION, INFORMATION, AND DISSEMINATION OF THOUGHT, TO REDUCE THE DIGITAL DIVIDE AND TO CONTRIBUTE TO SOCIAL INCLUSION; (17)
b) PROTECTION OF THE RIGHTS OF USERS, OPERATORS, SERVICE PROVIDERS TELECOMMUNICATIONS AS WELL AS PERSONS IN GENERAL; (6) (7)
c) Development of a market competitive telecommunications at all levels. Rational and efficient use of radio spectrum; and,
d) ENSURE THE RATIONAL, EFFICIENT AND EQUITABLE USE OF RADIO SPECTRUM, AS WELL AS ITS UPDATING, REORDERING OR REORGANIZATION FOR OPTIMIZATION, WHICH WILL BE INTRODUCTION OF NEW SERVICES, IMPROVEMENT OF EXISTING SERVICES, AND HARMONIZATION WITH OTHER COUNTRIES, IN LINE WITH THE CONSTITUTION OF THE REPUBLIC AND THE INTERNATIONAL TREATIES SIGNED, ADHERED TO AND RATIFIED BY THE REPUBLIC OF EL SALVADOR, WHICH REGULATE THE ACTIVITIES OF THE TELECOMMUNICATIONS SECTOR. (17)
GUIDING PRINCIPLES OF TELECOMMUNICATIONS AND INFORMATION AND COMMUNICATION TECHNOLOGIES (17)
Art. 2-A.-THE GUIDING PRINCIPLES OF TELECOMMUNICATIONS AND INFORMATION AND COMMUNICATION TECHNOLOGIES ARE THE FOLLOWING:
a) EQUALITY: OPERATORS AND SUPPLIERS MUST PROVIDE USERS WITH THE SERVICES OF TELECOMMUNICATIONS, UNDER THE SAME CONDITIONS OF QUALITY, CONTENT AND PLACE WHERE THEY ARE USED;
b) INCLUSION: THE REAL ACCESS OF PEOPLE WITH SPECIAL NEEDS SUCH AS DISABILITY AND OLDER ADULTS AMONG OTHERS, TO THE TELECOMMUNICATIONS SERVICES, UNDER APPROPRIATE CONDITIONS OF QUALITY AND PRICE, IN ORDER TO CONTRIBUTE TO THE HUMAN DEVELOPMENT OF VULNERABLE POPULATIONS;
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c) EQUITY: EQUAL OPPORTUNITIES TO ACCESS SCARCE RESOURCES, SUCH AS THE RADIO SPECTRUM AND NUMBERING, NECESSARY FOR BROADCAST TELECOMMUNICATIONS SERVICES, INCLUDING THE ESSENTIAL COMMUNITY TELEVISION AND AUDIO BROADCASTING SERVICES;
d) PRIVACY OF INFORMATION: OBLIGATION OF THE OPERATORS AND SUPPLIERS, TO GUARANTEE THE RIGHT TO PRIVACY, LA FREEDOM AND SECRECY OF COMMUNICATIONS, AS WELL AS THE PROTECTION OF THE CONFIDENTIALITY OF INFORMATION OBTAINED FROM USERS, SUPPLIERS OR COMPETITORS, ON THE OCCASION OF THE PROVISION OF SERVICES, IN ACCORDANCE WITH ARTICLE 24 OF THE CONSTITUTION DE LA REPÚBLICA DE EL SALVADOR;
e) UNIVERSALITY: REFERRING TO THE PROVISION OF A SET OF TELECOMMUNICATIONS SERVICES, REVIEWED PERIODICALLY AND IN LINE WITH TECHNOLOGICAL PROGRESS, WITH THE AIM THAT THE INHABITANTS OF ALL AREAS AND REGIONS OF THE COUNTRY, WITHOUT ANY DISCRIMINATION, UNDER APPROPRIATE CONDITIONS OF QUALITY AND PRICE CAN ACCESS INFORMATION AND COMMUNICATION TECHNOLOGIES;
f) NOT DISCRIMINATION: PROVIDE BY LICENSEES, LICENSEES AND AUTHORIZED HOLDERS, TELECOMMUNICATIONS SERVICES IN AN EQUITABLE MANNER THE QUANTITY, QUALITY AND COVERAGE, WITHOUT UNEQUAL TREATMENT ON THE BASIS 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 TO THE USER: ESTABLISHMENT OF GUARANTEES AND RIGHTS IN FAVOR OF THE END USERS OF TELECOMMUNICATIONS SERVICES, SO THAT THEY CAN ACCESS QUALITY SERVICES IN A TIMELY MANNER, RECEIVE INFORMATION, EXERCISE THEIR RIGHT TO FREEDOM OF CHOICE AND FAIR, NON-DISCRIMINATORY TREATMENT;
h) TRANSPARENCY: SETTING APPROPRIATE CONDITIONS FOR OPERATORS, SUPPLIERS AND OTHER STAKEHOLDERS TO HAVE THEIR SAY IN THE PROCESS OF FORMING SECTORAL POLICIES, RESOLUTIONS AND REGULATIONS;
i) ADVERTISEMENT: TODO PROCEDURE SHOULD BE PUBLIC, EXCEPT IN CASES WHERE THE LAW ESTABLISHES THE OPPOSITE OR BY REASONED RESOLUTION OF COMPETENT AUTHORITY;
j) EFFECTIVE COMPETITION: APPLICATION OF APPROPRIATE MECHANISMS FOR ALL OPERATORS AND PROVIDERS OF TELECOMMUNICATIONS ON THE MARKET TO COMPETE IN FREE COMPETITION EQUALITY, IN ORDER TO SEEK THE GREATEST BENEFIT OF THE INHABITANTS AND THE FREE EXERCISE OF THE RIGHT TO FREEDOM OF RECRUITMENT;
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k) TECHNOLOGY NEUTRALITY: FREEDOM OF NETWORK OPERATORS AND SERVICE PROVIDERS TELECOMMUNICATIONS, IN ORDER TO CHOOSE AND OFFER THE TECHNOLOGIES TO BE USED, ACCORDING TO TECHNOLOGICAL DEVELOPMENT, IN A CLIMATE OF FREE COMPETITION, COMPLYING WITH INTERNATIONAL STANDARDS THAT MEET THE REQUIREMENTS OF QUALITY AND THE NEEDS OF THE USER;
l) CONVERGENCE: EVOLUTION AND COORDINATED DEVELOPMENT OF NETWORKS TOWARDS A UNIFORMITY THAT ALLOWS THE COMMON SUPPORT OF SERVICES AND APPLICATIONS;
m) ENVIRONMENTAL SUSTAINABILITY: HARMONIZATION OF THE USE AND EXPLOITATION OF THE NETWORKS AND THE PROVISION OF TELECOMMUNICATIONS SERVICES A HEALTHY AND ECOLOGICALLY BALANCED AND NATURE-FRIENDLY ENVIRONMENT. OPERATORS AND SUPPLIERS MUST COMPLY WITH THE APPLICABLE ENVIRONMENTAL LEGISLATION;
n) OPTIMIZATION OF SCARCE RESOURCES: ALLOCATION AND UTILIZATION OF SCARCE TELECOMMUNICATIONS RESOURCES IN AN 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;
o) FINANCIAL MANAGEMENT OF SCARCE RESOURCES: LA ASSESSMENT OF SCARCE TELECOMMUNICATIONS RESOURCES IS BASED ON THE ALLOCATION AND USE, ACCORDING TO MARKET BEHAVIOR, FREE COMPETITION, FINANCIAL SUSTAINABILITY, CONTINUITY OF SERVICE AND PUBLIC INTEREST; AND,
p) FREEDOM OF EXPRESSION: EVERYONE ' S RIGHT TO FREEDOM OF THOUGHT AND FREEDOM OF EXPRESSION EXPRESSURE. THIS RIGHT INCLUDES THE FREEDOM TO SEEK, RECEIVE AND DISSEMINATE INFORMATION AND IDEAS OF ANY KIND, WITHOUT REGARD TO BORDERS, EITHER ORALLY, IN WRITING OR IN PRINTED FORM OR BY ANY OTHER PROCEDURE OF THEIR CHOICE. THE IMPLEMENTATION OF THIS PRINCIPLE WILL BE ENCOURAGED IN INSTITUTIONAL DECISIONS AND ACTIONS. (17)
APPLICATION SCOPE
Art. 3. THE PROVISIONS OF THIS LAW ARE APPLICABLE TO ANY NATURAL OR LEGAL PERSON, REGARDLESS OF THE LATTER, ITS NATURE, DEGREE OF AUTONOMY OR CONSTITUTION, WHICH CARRIES OUT ACTIVITIES, PROVIDES OR RECEIVES SERVICES IN THE SECTOR OF TELECOMMUNICATIONS, SUCH AS BROADCASTING, TELEPHONY, DATA TRANSMISSION, BROADBAND SERVICES, RADIO AND TELEVISION BROADCASTING SERVICES ESSENTIAL TO THE COMMUNITY, AS WELL AS FOR SUBSCRIPTION, CONVERGENCE, ACCESS TO THE SERVICES OF THE COMMUNITY ESSENTIAL RESOURCES, THE NUMBERING PLAN AND THE RADIO SPECTRUM AS WELL INTANGIBLE, DEMANIAL AND SCARCE. (17)
FREE COMPETITION REGIME
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Art. 4.-The prices and conditions of telecommunications services between operators will be freely negotiated, except as regards access to essential resources, as stipulated in this Law.
TECHNICAL STANDARDS
Art. 5.-All telecommunications equipment must be subject to the standards and standards recommended by the International Telecommunication Union or other international organizations recognized by El Salvador.
Art. 5-A.-THE SIGET SHALL ESTABLISH TECHNICAL REGULATIONS BASED ON THE QUALITY STANDARDS OF PUBLIC TELECOMMUNICATIONS SERVICES. ANY OPERATOR OF COMMERCIAL TELECOMMUNICATIONS NETWORKS SHALL BE OBLIGED:
(a) TO HAVE A SYSTEM OF AUDITABLE MEASUREMENTS ENABLING VERIFICATION OF THE QUALITY OF THE PUBLIC TELECOMMUNICATIONS SERVICES AND THE VERIFICATION OF THE MEASUREMENTS, ACCORDING TO THE TECHNICAL REGULATIONS BASED ON THE QUALITY STANDARDS DICTATED BY THE SIGET; AND,
b) TO INFORM IN THE PERIODS THAT THE SIGET INDICATES, ABOUT THE REQUIREMENTS LAID DOWN IN THE TECHNICAL REGULATIONS BASED ON THE NORMS OF THE QUALITY OF SERVICES, INDICATING THE NON-COMPLIANCES OF QUALITY INDICATORS RELATED TO THE ESTABLISHMENT AND DURATION OF TELEPHONE CALLS, DATA SERVICES, TEXT AND MULTIMEDIA MESSAGING, VOICE QUALITY, APPLICATION OF RATES, CUSTOMER SERVICE, RADIO COVERAGE, DAMAGE AND FAILURES IN NETWORKS AND OTHER SERVICES PROVIDED IN TELECOMMUNICATIONS NETWORKS.
THE SIGET WILL BE RESPONSIBLE FOR DEFINING THE MEASUREMENT AND CONTROL METHODOLOGY, THE CONTENT AND THE FORM OF INFORMATION EXCHANGE; IT CAN AUDIT THE INFORMATION AND PROCESSES AT THE MOMENT THAT IT DEEMS NECESSARY.
THESE TECHNICAL REGULATIONS WILL BE ISSUED BY THE SIGET IN COORDINATION WITH THE SALVADORAN TECHNICAL REGULATORY BODY (OSARTEC). (16)
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ABBREVIATIONS, DEFINITIONS AND ACRONYMS (17)
Art. 6. THE FOLLOWING ABBREVIATIONS SHALL BE USED IN THIS LAW: THE GENERAL SUPERINTENDENCE OF ELECTRICITY AND TELECOMMUNICATIONS, "LA SIGET"; THE INTERNATIONAL TELECOMMUNICATIONS UNION, "THE UIT"; AND THE REGISTRATION OF ELECTRICITY AND TELECOMMUNICATIONS ATTACHED TO THE SIGET, "THE RECORD".
FOR THE PURPOSES OF THIS LAW AND ITS REGULATION, ALL ABBREVIATIONS, DEFINITIONS, AND ACRONYMS WILL BE READ AS FOLLOWS:
FREQUENCY BAND: WHICH MAY BE ABBREVIATED "BAND": THE PORTION OF THE SPECTRUM WHOSE FREQUENCIES THEY ARE BETWEEN A MINIMUM AND A MAXIMUM FREQUENCY.
ACCESS CARGO: MINIMUM MONTHLY CHARGE THAT EACH USER MUST PAY TO BE CONNECTED TO THE NETWORK, NOT INCLUDING THE VALUE OF THE ADDITIONAL TELEPHONY SERVICES.
LEASED CIRCUITS: MEANS FIXED TELECOMMUNICATIONS NETWORK INSTALLATIONS BETWEEN TWO OR MORE DESIGNATED POINTS, WHICH ARE SET ASIDE FOR DEDICATED USE OR AVAILABILITY FOR A PARTICULAR CUSTOMER OR FOR OTHER USERS CHOSEN BY THAT CLIENT.
PHYSICAL CO-LOCATION/CO-LOCATION: MEANS THE FACULTY OF A TELEPHONE SERVICE OPERATOR, TO REQUEST ANOTHER THE LEASE OF THE PHYSICAL SPACES NECESSARY FOR THE MATERIALIZATION OF THE INTERCONNECTION OF THE NETWORKS. THE OBLIGATION OF THE REQUESTED OPERATOR TO GRANT THE LEASE CORRESPONDS TO AN OPERATOR ' S ABILITY TO APPLY FOR THE LEASE. THE PARTY REQUESTING THE CO-LOCATION SHALL HAVE THE RIGHT TO ENJOY SIMILAR CONDITIONS TO WHICH THE OPERATOR GRANTING ACCESS HAS CONTRACTED WITH OTHER OPERATORS.
NATIONAL FREQUENCY ALLOCATION TABLE: THAT "CNAF" MAY BE ABBREVIATED: DOCUMENT CONTAINING THE ATTRIBUTION AND AWARD OF THE DIFFERENT RADIO SPECTRUM BANDS FOR THE DIFFERENT RADIO SERVICES, AS WELL AS THE CLASSIFICATIONS OF USE, STANDARDS AND CONDITIONS FOR THEIR USE AND EXPLOITATION.
UNAGGREGATION: THE DIVISION INTO LEASED ELEMENTS, OF THE VARIOUS SERVICES THAT MAKE UP THE PIPELINE SERVICE.
ENCRYPTION: IS THE SYSTEM USING WHICH, WITH THE HELP OF COMPUTER TECHNIQUES OR PROGRAMS, IS ENCRYPTED OR ENCODED INFORMATION FOR THE PURPOSE OF RENDERING IT INACCESSIBLE OR UNINTELLIGIBLE TO SOMEONE NOT AUTHORIZED TO ACCESS ALL.
NETWORK ELEMENTS: THE VARIOUS COMPONENTS OF A COMMERCIAL TELECOMMUNICATIONS NETWORK.
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RADIO SPECTRUM: SET OF RADIO WAVES THAT SPREAD WITHOUT GUIDANCE ARTIFICIAL BELOW 3,000 GHZ AND IS DIVIDED INTO FREQUENCY BANDS, WHICH CAN BE ATTRIBUTED TO DIFFERENT RADIO SERVICES FOR USE IN DIFFERENT GEOGRAPHICAL AREAS AND PERIODS. THE TERM 'SPECTRUM' SHALL BE USED BY DEFAULT TO REFER TO RADIO SPECTRUM.
EXCLUSIVE NATURE FREQUENCIES: ARE THOSE THAT FOR TECHNICAL REASONS ARE GRANTED UNIQUELY, IN THE SAME GEOGRAPHICAL AREA.
FREQUENCIES OF NON-EXCLUSIVE NATURE: ARE THOSE THAT APPLY TO OPTIMIZE THE USE OF THE AVAILABLE RADIO SPECTRUM, WHEN TWO OR MORE FREQUENCIES FOR TECHNICAL REASONS, EFFECTIVELY AND WITHOUT HARMFUL INTERFERENCE, THEY CAN BE REUSED IN THE SAME BAND AND GEOGRAPHICAL AREA.
RADIO SPECTRUM FRAGMENTATION: IS THE DIVISION OF A PORTION OF THE SPECTRUM, BOTH IN BANDWIDTH, AND IN TIME AND GEOGRAPHICAL SPACE, PROVIDED THAT IT IS TECHNICALLY FEASIBLE.
RADIO SPECTRUM DEFRAGMENTATION: IS THE INTEGRATION OF A PORTION OF THE SPECTRUM, BOTH IN BANDWIDTH, AND IN TIME AND GEOGRAPHICAL SPACE, PROVIDED IT IS TECHNICALLY AND LEGALLY FEASIBLE.
INTERCONNECTION: IS THE SERVICE THAT ALLOWS OPERATORS AND USERS FROM DIFFERENT NETWORKS TO CURE TELECOM TRAFFIC FROM ONE TO ANOTHER NETWORK SO THAT ALL END USERS ARE IN A POSITION TO COMMUNICATE WITH EACH OTHER, OR TO END USERS CONNECTED TO A NETWORK OF ACCESS SERVICES ARE IN A POSITION TO OBTAIN SERVICES PROVIDED BY AN INTERMEDIATE SERVICE OPERATOR.
RELEASING FREQUENCIES: WILL BE UNDERSTOOD AS THE FACULTY OF THE SIGET TO RELEASE PORTIONS OF THE SPECTRUM THAT WERE MODIFIED OR RECLASSIFIED, WITHOUT REASSIGNING THE EXISTING STATIONS, FOLLOWING DUE PROCESS.
COMMUNITY MEDIA AND OTHER NON-PROFIT OPERATORS: ARE THOSE MADE UP OF RADIO AND TELEVISION BROADCASTING STATIONS, INTENDED TO SERVE A PARTICULAR AUDIENCE, MANAGED BY AN ENDLESS ASSOCIATION OR FOUNDATION FOR PROFIT, OF SOCIAL INTEREST, FACILITATING THEM THE RIGHT TO INFORMATION AND COMMUNICATION, AS AN EXERCISE OF FREEDOM OF EXPRESSION, FOSTERING CITIZEN PARTICIPATION TO CONTRIBUTE TO THE AFFORDABLE, EQUITABLE, INCLUSIVE, SUSTAINABLE DEVELOPMENT OF THE COMMUNITIES AND SOCIAL SECTORS OF THE COUNTRY.
NOT USING FREQUENCIES: FOR THE PURPOSES OF THIS LAW YOU WILL ALSO UNDERSTAND HOW NOT TO USE THE FREQUENCY:
a) NO PROVISION TO THE END USER OR THE PUBLIC OF A TELECOMMUNICATIONS SERVICE OF AGREEMENT OR CONFORMITY TO CONDITIONS
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COVERAGE TECHNIQUES SET OUT IN THE CONTRACT;
b) IN BROADCAST CONSISTS OF THE ELECTROMAGNETIC SIGNAL DOES NOT CARRY VARIED AUDIO AND/OR VIDEO INFORMATION. LIKEWISE, THE VERIFICATION OF THE TRANSMITTED ELECTROMAGNETIC SIGNAL SHALL ONLY BE OF THE TECHNICAL CHARACTERISTICS AND PARAMETERS; AND,
c) THE NO USE OF FREQUENCIES IN TELECOMMUNICATIONS SYSTEMS THAT ARE FOR OFFICIAL USE OR PRIVATE REGULATED USE.
ABOVE, TO THE DETRIMENT OF THE EFFICIENT USE OF SPECTRUM AND DEPRIVING THE END USER OF THE RIGHT OF ACCESS TO INFORMATION AND COMMUNICATION, AS WELL AS LIMITING FREE COMPETITION.
TELECOMMUNICATIONS COMMERCIAL NETWORK OPERATOR: WHICH MAY BE ABBREVIATED AS AN "OPERATOR": NATURAL OR LEGAL PERSON OFFERING ONE OR MORE COMMERCIAL TELECOMMUNICATIONS SERVICES.
NUMBERING PLAN: A FUNDAMENTAL TECHNICAL PLAN DEVELOPED AND ADMINISTERED BY THE SIGET THAT ALLOWS FOR THE ASSIGNMENT OF A NUMBER THE UNIQUE AND UNEQUIVOCAL IDENTIFICATION OF THE END USER OR DEVICE.
PRESUBSCRIPTION: SYSTEM BY WHICH AN ACCESS SERVICE OPERATOR GRANTS ITS CLIENTS ACCESS TO INTERMEDIATE SERVICES WITHOUT THE USE OF THE MULTI-CARRIER SYSTEM OPERATOR SELECTION KEY.
IMPORTANT PROVIDER: MEANS A TELECOMMUNICATIONS UTILITIES PROVIDER THAT HAS THE ABILITY TO MATERIALLY AFFECT, TAKING INTO CONSIDERATION PRICING AND OFFERING, THE TERMS OF MARKET SHARE RELEVANT TO TELECOMMUNICATIONS SERVICES, AS A RESULT OF: a) CONTROL OF ESSENTIAL FACILITIES; OR b) MAKING USE OF THEIR POSITION IN THE MARKET.
TELECOM COMMERCIAL NETWORK: THAT "NETWORK" MAY BE ABBREVIATED: INFRASTRUCTURE OR INSTALLATION USED BY AN OPERATOR TO PROVIDE COMMERCIAL TELECOMMUNICATIONS SERVICES.
TELECOM SERVICE RESELLER: IS ANY NATURAL OR LEGAL PERSON WHO PURCHASES WHOLESALE TELECOMMUNICATIONS SERVICES, DIRECTLY FROM NETWORK OPERATORS OR OTHER INTERMEDIARIES, TO RESELL TO END USERS.
REASSIGN FREQUENCIES: THE FREQUENCY CHANGE OF A RADIO STATION, MAINTAINING THE SAME SERVICE AND OPERATING TECHNICAL CONDITIONS FOLLOWING DUE PROCESS.
REORDERING OR REORGANIZING THE SPECTRUM: IS THE FACULTY OF THE SIGET
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OF RE-ATTRIBUTE, RECLASSIFY, RESERVE, REASSIGN AND RELEASE FREQUENCIES OF RADIO SPECTRUM FOR TECHNICAL REASONS AND FOLLOWING DUE PROCESS.
RE-ATTRIBUTE FREQUENCIES: THE CHANGE IN A GIVEN PORTION OF THE RADIO SPECTRUM OF THE SERVICE ATTRIBUTED AND RECORDING SAID CHANGE IN THE CNAF WILL BE UNDERSTOOD, FOLLOWING DUE PROCESS.
RECLASSIFY FREQUENCIES: THE CHANGE OF THE USE ' S CLASSIFICATION TO A PORTION OF THE RADIO SPECTRUM WILL BE UNDERSTOOD AND RECORD THE CHANGE IN THE CNAF, FOLLOWING DUE PROCESS.
RESERVE FREQUENCIES: THE FORECAST OF A PORTION OF THE SPECTRUM FOR FUTURE USES OR RADIO SERVICES DETERMINED BY TECHNOLOGICAL ADVANCEMENT OR FOR REASONS OF NATIONAL SECURITY, AND THEIR RESPECTIVE ANNOTATION IN THE CNAF, FOLLOWING DUE PROCESS.
RADIO SERVICE: EVERY SERVICE THAT USES RADIO WAVES ATTRIBUTED TO THE CNAF.
RADIOCOMMUNICATION SERVICE: RADIO SERVICE THAT INVOLVES THE TRANSMISSION, EMISSION OR RECEPTION OF RADIO WAVES FOR SPECIFIC TELECOMMUNICATION PURPOSES.
BROADCAST SERVICE: RADIO COMMUNICATION SERVICE WHOSE EMISSIONS ARE INTENDED TO BE RECEIVED DIRECTLY BY THE GENERAL PUBLIC. THESE SERVICES COVER NOISE, TELEVISION OR OTHER ISSUES.
BROADCAST SERVICE: THE COMMUNICATION THAT IS PERFORMED IN A SINGLE SENSE TO MULTIPLE RECEIVING POINTS SIMULTANEOUSLY.
INTERMEDIA SERVICES: SERVICES PROVIDED BY AN OPERATOR TO INTERCONNECT TWO OR MORE ACCESS NETWORKS TO EACH OTHER, OR TO PROVIDE TEMPORARY DURATION SERVICES TO END USERS OF AN ACCESS SERVICES NETWORK, THROUGH THIS.
ACCESS SERVICES: THAT "ACCESS" MAY BE ABBREVIATED: SERVICES THAT GRANT THE END USER THE ABILITY TO INITIATE OR RECEIVE A COMMUNICATION USING THE COMMERCIAL TELECOMMUNICATIONS NETWORK.
RADIO FAN SERVICE: RADIO COMMUNICATION SERVICE THAT AIMS AT INDIVIDUAL INSTRUCTION, INTERCOMMUNICATION, AND TECHNICAL STUDIES PERFORMED BY AMATEURS, THIS IS BY DULY AUTHORIZED PERSONS INTEREST IN THE RADIO-TECHNICAL, EXCLUSIVELY PERSONAL AND NON-PROFIT.
TELECOMMUNICATIONS PUBLIC SERVICE: MEANS ANY TELECOMMUNICATIONS SERVICE THAT THE STATE REQUIRES UNDER LAW, TO BE OFFERED TO THE PUBLIC
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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 END-TO-END CHANGES IN THE FORM OR CONTENT OF THE INFORMATION. OF THE CLIENT, NOT INCLUDING THE INFORMATION SERVICES.
INFORMATION SERVICES: MEANS OFFERING A CAPACITY TO GENERATE, ACQUIRE, STORE, TRANSFORM, PROCESS, RETRIEVE, USE OR MAKE AVAILABLE INFORMATION THROUGH TELECOMMUNICATIONS, AND INCLUDES ADVERTISING ELECTRONICS, NOT INCLUDING THE USE OF ANY OF THESE CAPABILITIES FOR THE ADMINISTRATION, CONTROL OR OPERATION OF A TELECOMMUNICATIONS SYSTEM OR THE ADMINISTRATION OF A TELECOMMUNICATIONS SERVICE.
MULTIPORTER SYSTEM: SYSTEM BY WHICH AN ACCESS SERVICES OPERATOR GRANTS ITS CLIENTS ACCESS TO INTERMEDIATE SERVICES IN A NON-DISCRIMINATORY MANNER, THROUGH THE MARKUP OF A PREDETERMINED NUMBER OF DIGITS.
TELECOMMUNICATIONS: ANY TRANSMISSION AND RECEPTION OF SIGNALS OF ANY NATURE, TYPICALLY ELECTROMAGNETIC, THAT CONTAIN AMONG OTHER DATA, SOUNDS AND IMAGES; INCLUDES ANY TYPE OF INFORMATION THAT YOU WANT TO COMMUNICATE TO DISTANCE; INCLUDING BROADCASTING, BROADCASTING, FIXED OR MOBILE TELEPHONY AND FIXED OR MOBILE INTERNET AND WHICH ARE A MAJOR SOCIAL AND ECONOMIC FACTOR, GAINING IMPORTANCE IN GLOBALISATION AND THE INFORMATION AND KNOWLEDGE SOCIETY.
INFORMATION AND COMMUNICATION (ICT) TECHNOLOGIES: ARE THE SET OF RESOURCES, TOOLS, EQUIPMENT, SOFTWARE, APPLICATIONS, NETWORKS AND MEDIA, WHICH ENABLE COMPILATION, PROCESSING, STORAGE, TRANSMISSION INFORMATION HOW: VOICE, DATA, TEXT, VIDEO AND IMAGES, WHICH CONTRIBUTE TO THE IMPROVEMENT OF QUALITY, THE ECONOMIC GROWTH OF THE COUNTRY TOWARDS THE INFORMATION AND KNOWLEDGE SOCIETY.
INTERNATIONAL MOBILE TELECOMMUNICATIONS:: ARE THE IMT INTERNATIONAL MOBILE TELECOMMUNICATIONS SYSTEMS, WHICH OFFER ACCESS TO A WIDE RANGE OF TELECOMMUNICATION SERVICES AND SUPPORTED BY MOBILE AND FIXED NETWORKS THAT INCREASINGLY USE PACKET TECHNOLOGY. ITS KEY FEATURES ARE: HIGH DEGREE OF FUNCTIONALITY AT GLOBAL LEVEL; WIDE RANGE OF SERVICES AND APPLICATIONS; MUTUAL COMPATIBILITY AND WITH FIXED NETWORKS; INTERWORKING WITH OTHER RADIO ACCESS SYSTEMS; HIGH QUALITY SERVICES; USER EQUIPMENT USABLE ON A GLOBAL SCALE; APPLICATIONS, SERVICES AND EQUIPMENT THAT ARE EASY TO MANAGE; ROAMING GLOBALLY; INCREASING MAXIMUM DATA SPEEDS TO SUPPORT ADVANCED APPLICATIONS AND SERVICES, AND OTHERS, WHOSE FEATURES THEY MAY BE UPDATED IN ACCORDANCE WITH THE RULES OF THE ITU IN THE SUBJECT.
ENABLING TITLE: ADMINISTRATIVE ACT GRANTING THE SIGET FOR THE GRANT, AUTHORIZATION, OR LICENSE FOR THE USE AND EXPLOITATION OF THE SPECTRUM
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RADIO AND RADIO, AS WELL AS FOR THE PROVISION OF PUBLIC TELECOMMUNICATIONS SERVICES.
FREQUENCY USAGE: THE TERM THAT IDENTIFIES THE USE TO WHICH A CERTAIN PORTION OF THE RADIO SPECTRUM CORRESPONDS TO; WHICH WILL BE USED ACCORDING TO THE FOLLOWING CLASSIFICATION:
a) REGULATED USE: WHICH REQUIRES A CONCESSION. IT COVERS: (I) COMMERCIAL USE: THOSE WHICH PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES FOR PROFIT, INCLUDING ESSENTIAL SERVICES OF BROADCASTING TO THE COMMUNITY; II) COMMUNITY REGULATED USE: THOSE PROVIDING ESSENTIAL SERVICES OF COMMUNITY BROADCASTING, NON-PROFIT; AND, III) PRIVATE REGULATED USE: THOSE THAT DO NOT PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES;
b) OFFICIAL USE: IS THAT USED BY STATE INSTITUTIONS AND REQUIRES AN AUTHORIZATION; Y,
c) FREE USE: IS THAT SPECTRUM THAT IS AVAILABLE TO THE PUBLIC IN GENERAL, TO OPERATE RADIO STATIONS THAT INCLUDES, AMONG OTHERS, SOME SCIENTIFIC RESEARCH APPLICATIONS, LOW POWER DEVICES AND RADIO AMATEURS.
FOR SUCH AN END THE SIGGET WILL ISSUE THE CORRESPONDING RULES FOR EACH BAND OF THIS USE, SPECIFYING THEIR TECHNICAL OPERATING CONDITIONS, AND IN CASES WHERE IT IS TECHNICALLY NECESSARY TO ISSUE THE CORRESPONDING LICENSES. ALL FREE-USE FREQUENCIES SHALL OPERATE IN A NON-PROTECTIONIST/NON-INTERFERENCE REGIME.
SERVICE FINAL USER: IS EVERY NATURAL OR LEGAL PERSON WHO BUYS TELECOMMUNICATIONS SERVICES FOR THEIR OWN USE. (5) (9) (17)
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TITLE II
CHAPTER I OF PUBLIC SERVICE CONCESSIONS
GRANTING FOR PUBLIC TELEPHONY SERVICE
Art. 7.-Telephony is a public service.
Operators interested in providing telephony services shall request the SIGET to grant a concession for the operation of the service, which shall be automatically granted to them for a period of thirty years. years with only compliance with the registration requirements that will be established in the Regulation of this Law. In addition, such concessions will be granted without limitation in terms of quantity and location, and there may be more than one concession in the same geographical area.
Concessions for the operation of the public telephone service may only be granted. be revoked for one of the following reasons:
a) For not providing the public telephone service, after two years of granting the concession, after hearing the person concerned; or
b) For having been punished for committing three The law, which has been classified as very serious, within a period of three years. ** DECLARED UNCONSTITUTIONAL
Concessions will be extinguished by any of the following causes:
a) By the operator's waiver of such concession; or
b) By the expiration of the period for which they were granted.
Concessions revoked or extinguished may be renewed by reapplication to the SIGET. However, where the operator has given up or committed offences which are rated as very serious, a period of two years must elapse before the SIGET can grant it a new concession.
In cases where it is revoked or If a concession is granted for the provision of the public telephone service, the SIGET must inform the Ministry of Economy in advance and with the necessary prudential time, in order to ensure the continuity of the service.
APPROVAL AND REGULATION OF PUBLIC TELEPHONY SERVICES (11)
Art. 8.-THE SIGET WILL DETERMINE THE MAXIMUM VALUE OF THE BASIC RATES OF THE PUBLIC SERVICE OF FIXED AND MOBILE TELEPHONY, AND OF THE BASIC CHARGES OF INTERCONNECTION, IN BOTH CASES THAT ARE ALREADY REGULATED BY SIGET, ACCORDING TO REGULATIONS REGULATORY, WHICH WILL BE BASED ON COST STUDIES AND INTERNATIONAL PRICE COMPARISONS, THE METHODOLOGY OF WHICH WILL BE RECOGNIZED BY THE INTERNATIONAL TELECOMMUNICATIONS UNION (ITU). SUCH A METHODOLOGY SHOULD BE IMPLEMENTED WITHIN NO TIME
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GREATER THAN NINE MONTHS FROM THE VALIDITY OF THIS DECREE. (11) (12)
THE OPERATING COMPANIES WILL BE OBLIGED TO SUBMIT IN AN AGILE AND TIMELY MANNER TO THE SIGET THE LEGALLY AUDITED INFORMATION REQUIRED FOR THE DETERMINATION OF THE MAXIMUM CHARGES AND CHARGES PROVIDED FOR IN THE PREVIOUS PARAGRAPH. FAILURE BY OPERATORS TO COMPLY WITH THIS OBLIGATION SHALL BE REGARDED AS A VERY SERIOUS INFRINGEMENT FOR THE PURPOSES OF THIS LAW. (11)
THE SIGGET MUST PERFORM AN ANNUAL REVIEW OF THE MAXIMUM TELEPHONY RATES AND MAXIMUM INTERCONNECTION CHARGES. THE FIRST REVIEW THAT THE SIGET WILL BE REQUIRED TO CARRY OUT, AS SET OUT IN THIS PROVISION, MUST BE CARRIED OUT AFTER ONE YEAR AFTER THE METHODOLOGY FOR THE ESTABLISHMENT OF TARIFFS AND CHARGES BASED ON THE COST. (11)
SIGET WILL SEND OUT THE MAXIMUM RATES OF PUBLIC TELECOMMUNICATIONS SERVICES PERIODICALLY, AFTER THE REVIEW REFERRED TO IN THE PREVIOUS PARAGRAPH. OPERATORS MUST ALSO PUBLISH AT LEAST QUARTERLY, IN A WRITTEN MEDIUM OF WIDE NATIONAL DISSEMINATION, THE RATES FOR THE PUBLIC TELEPHONE SERVICES THEY PROVIDE. (11)
THE SIGET WILL SUSPEND THE APPROVAL OF ANY READJUSTMENT MADE TO THE TARIFFS, WHILE THE AFFECTED OPERATOR IS IN BREACH OF ANY IMPLEMENTING RESOLUTION OF THE SIGET. (11)
PREVENTING ANTICOMPETITIVE PRACTICES
Art. 8-A.-IN ORDER TO PREVENT AN IMPORTANT SUPPLIER FROM USING ANTI-COMPETITIVE PRACTICES IN ITS TERRITORY, THE SIGET WILL COLLABORATE WITH THE COMPETITION SUPERINTENDENCE TO ENSURE THAT THE RELEVANT MEASURES ARE TAKEN. (9)
OWNERSHIP AND MANAGEMENT OF RADIO SPECTRUM (17)
OWNERSHIP OF SPECTRUM (17)
Art. 9.-RADIO SPECTRUM IS A LIMITED NATURAL RESOURCE AND IS AN INTANGIBLE, STATE-OWNED, INTANGIBLE ASSET. ITS EXPLOITATION AND USE MUST BE DONE IN A RATIONAL, EFFICIENT, ECONOMIC, SUSTAINABLE AND EQUITABLE WAY, SEEKING THE COMMON GOOD AND THE FULFILLMENT OF THE CONSTITUTIONAL PRECEPTS.
THE STATE MAY GRANT THE RIGHT FOR THE EXPLOITATION OF PORTIONS OF THE RADIO SPECTRUM TO ANY NATURAL OR LEGAL PERSON, FOR A PERIOD OF TWENTY YEARS, AND MAY BE RENEWED, IN NO CASE AUTOMATICALLY; IT MUST BE FULFILLED THE CONDITIONS AND PROCEDURES ESTABLISHED BY THE SIGET IN THE FORMS PROVIDED FOR IN THIS LAW. (17)
SECONDARY MARKET OPERATIONS ENROLLMENT RULES (17)
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Art. 9-A.-DEALERS MAY TRANSFER TO ANY TITLE OR LEASE THE RIGHT OF OPERATING OF THE CONCESSIONARY FREQUENCIES, SUBJECT TO THE FOLLOWING REQUIREMENTS:
1) THAT THE CONTRACT MADE BETWEEN THE CONCESSIONAIRE AND THE ACQUIRER OR LESSEE IS AUTHORISED BY THE SIGET IN RESPECT OF TECHNICAL ASPECTS;
2) THAT THE ACQUIRER MAINTAINS THE SOLVENCY OF THE OBLIGATIONS ARISING FROM THE CONCESSION;
3) THAT THE CONTINUITY IN THE PROVISION IS NOT AFFECTED OF THE PUBLIC SERVICES; IN RESPECT OF THE CONDITIONS ORIGINALLY OFFERED TO THE CONSUMERS;
4) THAT IS DEMONSTRATED BY THE CONCESSIONAIRE AND THE INTERESTED PARTY, THE FINANCIAL FEASIBILITY FOR THE EFFICIENT OPERATION OF THE CONCESSION;
5) EFFICIENT USE OF THE SPECTRUM RELATING TO THE USE OF ALL THE ALLOCATED BANDWIDTH AND THE ENTIRE COVERAGE AREA GRANTED, WHICH WILL BE DETERMINED BY THE RESPECTIVE TECHNICAL ANALYSIS PREPARED BY SIGET;
6) THAT THE INTERESTED PARTY AND THE APPLICANT ARE SOLVENT WITH THE FIRM AND ENFORCEABLE STATE TAX OBLIGATIONS;
7) COMPLIANCE WITH THE PROVISIONS OF THIS LAW, WHICH REGULATE THE PROCEDURES, REQUIREMENTS AND APPROPRIATE CONDITIONS FOR THE OPERATION OF THE CONCESSION; AND,
8) WHEN THE SUPERINTENDENCE CONSIDERS NECESSARY, IT WILL REQUEST OPINION FROM THE COMPETITION SUPERINTENDENCE, FOR WHICH IT WILL HAVE A MAXIMUM PERIOD OF FORTY-FIVE DAYS. IF THE OPINION DETERMINES THAT IT DOES NOT GENERATE CONCENTRATION, THE CORRESPONDING PROCEDURE WILL BE CARRIED OUT.
IN THE CASE OF TRANSFER OR PARTIAL LEASE OF THE CONCESSION, IT MUST BE PREVIOUSLY COUNTED WITH AUTHORIZATION OF THE SIGET OF THE RESPECTIVE FRAGMENTATION IF IT IS THE CASE.
IN ALL TOTAL OR PARTIAL TRANSFER OF THE SPECTRUM THE ACQUIRER WILL PAY SIGET THE COSTS OF ADMINISTRATIVE AND REGISTRATION PROCEDURES ACCORDING TO THE TARIFF STRUCTURE OF THE 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 LEASE, SHALL BE SUBJECT TO THE PROVISIONS LAID DOWN IN THE LAW AND ITS REGULATION. THE SIGET WILL AUTHORIZE THE TRANSFER AND LEASE BY OBSERVING COMPLIANCE WITH THE GUIDING PRINCIPLES OF TELECOMMUNICATIONS.
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ANY SUBLEASING OF FREQUENCIES WILL BE NULL. (17)
RADIO SPECTRUM MANAGEMENT (17)
Art. 9-B.-THE SIGET IS THE STATE ENTITY RESPONSIBLE FOR THE MANAGEMENT OF RADIO SPECTRUM. THIS MANAGEMENT COVERS THE PLANNING, ADMINISTRATION, MONITORING AND TECHNICAL CONTROL OF THE USE AND EXPLOITATION OF RADIO SPECTRUM, IN A RATIONAL, EFFICIENT, SUSTAINABLE AND EQUITABLE MANNER, MAKING USE OF THE PROCEDURES AND RESOURCES REQUIRED BY THE SIGGET FOR SUCH AN END, BEING THESE OF TYPE: ECONOMIC, FINANCIAL, LEGAL, SCIENTIFIC AND TECHNICAL. (17)
SPECTRUM MANAGEMENT TASKS (17)
Art. 9-C.-THE SIGGET IN ITS SPECTRUM MANAGER CONDITION SHALL PERFORM, INTER ALIA, FOLLOWING DUE PROCESS, THE FOLLOWING SPECTRUM MANAGEMENT ACTIVITIES:
a) MANAGING THE EXPLOITATION OF RADIO SPECTRUM EFFICIENTLY IN THE FRAMEWORK OF THE LAW, BY GRANTING THE NECESSARY ADMINISTRATIVE ACTS OR SECURITIES OF OPERATION;
b) TO UPDATE THE TECHNICAL REGULATIONS TO IMPLEMENT THE MONITORING AND SURVEILLANCE FUNCTION OF THE RADIO SPECTRUM, TO ENSURE COMPLIANCE WITH THE TECHNICAL, LEGAL AND FINANCIAL ASPECTS OF THE CONCESSION;
c) UPDATING THE ECONOMIC VALUE OF THE RADIO SPECTRUM FOR NEW CONCESSIONS, IN ACCORDANCE WITH COMPARATIVE MARKET STUDIES;
d) ADMINISTERING THE NATIONAL FREQUENCY ATTRIBUTION TABLE "CNAF", INCLUDING ITS TIMELY UPDATE IN ACCORDANCE WITH THE NATIONAL NEEDS AND COMPETENT INTERNATIONAL TREATIES OF WHICH THE REPUBLIC OF EL SALVADOR IS A SIGNATORY;
(e) ADMINISTER THE NATIONAL FREQUENCY REGISTER "RNF" AND MAINTAIN UPDATED;
f) ADMINISTER THE NATIONAL SPECTRUM MONITORING SYSTEM;
g) COORDINATE WITH OTHER COUNTRIES THE USE AND HARMONISATION OF RADIO SPECTRUM TO PREVENT HARMFUL INTERFERENCE IN A PREVENTIVE OR CORRECTIVE MANNER;
h) ORDER AND REORGANIZE THE SPECTRUM TO ENSURE ITS RATIONAL, EFFICIENT, ECONOMIC AND EQUITABLE, IN RESPONSE TO NATIONAL NEEDS AND IN ACCORDANCE WITH TECHNOLOGICAL ADVANCES; AND,
I) RE-ATTRIBUTE, RECLASSIFY, RESERVE, REASSIGN AND RELEASE FREQUENCIES OF
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RADIO SPECTRUM FOR REASONS OF FEASIBILITY, OPPORTUNITY AND CONVENIENCE OBJECTIVE, TIMELY, TRANSPARENT, AND NON-DISCRIMINATORY, IN ACCORDANCE WITH THE PROVISIONS OF THIS LAW, RESPECTING THE RIGHTS OF THIRD PARTIES, FULFILLING DUE PROCESS AND BASED ON TECHNICAL CRITERIA.
IF, IN THE EXERCISE OF THE POWER SET OUT IN LITERAL (i) OF THIS ARTICLE, THE RIGHTS OF EXPLOITATION OF THE RADIO SPECTRUM OF BROADCASTING LICENSEES ARE AFFECTED, THE SIGET SHALL REALLOCATE THE NEW FREQUENCIES OF EXCLUSIVE NATURE IN FAVOUR OF THE DEALERS CONCERNED, AND MUST RESPECT THE RIGHTS OF THE DEALERS CONCERNED, THE SERVICE ATTRIBUTED, THE BANDWIDTH ORIGINALLY GRANTED AND THE OPERATING RIGHTS DERIVED FROM IT, WHILE MAINTAINING THE SAME CONDITIONS IN THEY WERE GRANTED. (17)
CNAF UPDATE (17)
Art. 10.-IT IS ATTRIBUTION OF THE SIGET TO ELABORATE AND KEEP UP TO DATE THE NATIONAL TABLE OF ATTRIBUTION OF FREQUENCIES, CNAF, DOCUMENT THAT WILL CONTAIN AT LEAST THE ATTRIBUTION AND ADJUDICATION OF THE DIFFERENT BANDS OF THE RADIO SPECTRUM FOR THE DIFFERENT SERVICES, CONDITIONS AND CLASSIFICATIONS OF THEIR USE AND EXPLOITATION, ACCORDING TO NATIONAL NEEDS, WITHOUT DETERMINING THE TYPE OF TECHNOLOGY TO BE USED, UNDER THE PRINCIPLE OF TECHNOLOGICAL NEUTRALITY.
THE CNAF MUST BE IN ACCORDANCE WITH THE RADIO COMMUNICATIONS REGULATION (RR) OF THE ITU. THEREFORE THE SIGET WILL UPDATE THE CNAF AT LEAST EVERY FOUR YEARS. (17)
PUBLIC AND MANDATORY CHARACTER OF THE CNAF
Art. 11.-The CNAF shall be public and of mandatory compliance and may be consulted by any person, taking into account the measures that, for the protection and preservation of the information contained therein, issue the SIGET.
This document will include the frequencies, standards, and technical conditions to be used by the operators of the broadcast services.
SPECTRUM CLASSIFICATION AND ENABLING TITLE (17)
Art. 12.-THE RADIO SPECTRUM IS CLASSIFIED IN SPECTRUM OF FREE USE, OF OFFICIAL USE AND OF REGULATED USE.
THE FREE-USE SPECTRUM IS THE SET OF FREQUENCY BANDS THAT CAN BE USED BY THE GENERAL PUBLIC TO OPERATE RADIO STATIONS THAT INCLUDE TRANSMITTERS UNDER CERTAIN CONDITIONS SET BY THE SGET IN THE CNAF.
THE SPECTRUM OF OFFICIAL USE IS THE SET OF FREQUENCY BANDS INTENDED FOR THE EXCLUSIVE USE OF STATE INSTITUTIONS, FREQUENCY BANDS
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WHICH MUST BE RESERVED FOR FUTURE APPLICATIONS, AS WELL AS THOSE THAT MUST BE PROTECTED BY VIRTUE INTERNATIONAL TREATIES, AGREEMENTS OR CONVENTIONS. THE OFFICIAL FREQUENCIES SHALL BE RECORDED AS SUCH IN THE CNAF AND, WITH THE EXCEPTION OF THOSE ASSIGNED TO THE DIFFERENT STATE INSTITUTIONS, SHALL BE RECORDED IN THE NAME OF THE SIGET.
THE SPECTRUM OF REGULATED USE IS THE SET OF BANDS OF FREQUENCIES THAT HAVE NOT BEEN CONTEMPLATED IN THIS LAW AS FREE OR OFFICIAL USE, THE USE OF WHICH REQUIRES CONCESSION; THIS USE MAY BE OF A CHARACTER: COMMERCIAL REGULATED, COMMUNITY REGULATED, AND PRIVATE REGULATED. THE REGULATED USE INCLUDES FREQUENCIES OF EXCLUSIVE AND NON-EXCLUSIVE NATURE.
FOR THE EXPLOITATION OF THE SPECTRUM OF OFFICIAL USE, THE STATE INSTITUTIONS SHALL REQUEST THE CORRESPONDING AUTHORISATION.
ANY PERSON WHO WISHES TO EXPLOIT A PART OF THE SPECTRUM OF REGULATED USE, MUST ASK THE SIGET FOR THE RESPECTIVE CONCESSION.
FOR THE EXPLOITATION OF THE FREE-USE SPECTRUM, NO CONCESSION OR AUTHORIZATION SHALL BE REQUIRED. HOWEVER, THE SIGET WILL, FOR TECHNICAL OR LEGAL REASONS, QUALIFY THE FREE-USE FREQUENCY BANDS TO BE LICENSED FOR USE BY THE SIGET. IN THE CASE OF RADIO AMATEURS, THEY MAY USE THE SPECTRUM OF FREE USE, AFTER QUALIFICATION BY THE SIGET AND REGISTRATION IN THE REGISTER.
FREQUENCY CHANGES BETWEEN THE VARIOUS USES MAY ONLY BE MADE ACCORDING TO THE METHOD SPECIFIED IN CHAPTER V OF TITLE VI OF THIS LAW. (17)
CONCESSIONS, AUTHORIZATIONS, AND LICENSES
Art. 13.-FIRST REPEALED (8) (17)
SECOND REPEALED (8) (17)
REPEALED THIRD INDENT (8) (17)
ENTITLEMENTS, CONCESSIONS AND LICENCES FOR SPECTRUM USE SHALL CAUSE FEES TO BE PAID ANNUALLY AT THE BEGINNING OF EACH YEAR, TO COVER THE COSTS OF ADMINISTRATION, MANAGEMENT AND SURVEILLANCE OF THE SPECTRUM. THE FEE MAY ALSO BE PAID BY MEANS OF FOUR QUARTERLY INSTALMENTS, IN WHICH CASE THE PERSON CONCERNED SHALL RECOGNISE THE RELEVANT LEGAL INTEREST, TAKING FOR HIS DETERMINATION AS A BASIS, THE PERIOD FROM THE DATE ON WHICH THE FEE WAS PAYABLE. OBLIGATION AND THE INSOLUTE BALANCES OF THE OBLIGATION. SUCH FEES WILL BE EXPRESSED EITHER IN COLONES OR US DOLLARS OF AMERICA PER MONTH AND WILL BE EQUAL TO THE UNIT COST OF THE SPECTRUM, EIGHT COLONES WITH FORTY-EIGHT CENTS OR ITS EQUIVALENT IN DOLLARS PER MEGAHERTZ, PER RATED POWER RATIO PER MONTH OF USE, MULTIPLIED BY THE BANDWIDTH OF THE TRANSMITTER EQUIPMENT EXPRESSED IN MEGAHERTZ, MULTIPLIED BY THE NOMINAL POWER OF THE TRANSMITTER EXPRESSED IN WATTS, MULTIPLIED BY A SERVICE FACTOR, AS FOLLOWS: CONTINUE: (8)
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SERVICE FACTOR SERVICE FREQUENCY BANDS
9 to 525 KHz Fixed-Mobile Aeronautical Radionavigation
Maritime Mobile Maritime Radionavigation
207004219219
525 to 1705 KHz Aeronautical Radionavigation 4
1,705 to 108 MHz Fijo-Mobile Radiolocation
Mobile Aeronautical Radionavigation Maritime
Aeronautical Aeronautics Mobile
Space Research Meteorology
2.07219004219e + 23
108 to 470 MHz Fixed-Mobile Radio-Private Communication
Commercial Shared Repetitive Commercial Shared Systems Commercial Transactions
Radionavigation Aeronautical Radionavigation by satellite
Aeronautical Mobile Radionavigation
Mobile Maritime Mobile by Satellite
Meteorology by Satellite Research Space
Radioastronomy Radiolocation
2,19219105105e + 42
470 to 960 MHz Fixed -Mobile (Cell Phone) Private Radio
Mobile Fixed, Commercial Shared Repetitioning Commercial Systems Commercial Tronceals
Satellite Mobile Radiolocation Radioastronomy
21.9 21.9 10.5 10.5 10.5 21.9 21.9 8.2
960 a 1215 MHz Aeronautical Radionavigation 4
1215 to 1427 MHz Radiolocation Radionavigation Satellite Radionavigation Aeronautics
Radioastronomy Space Research
4820004004004
1427 to 1535 MHz Fixed-Mobile Mobile by Satellite
Mobile by Satellite Ground Mobile Satellite
1700828282
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1535 to 1710 MHz Fixed-Mobile Mobile by Satellite
Mobile Satellite Mobile Satellite Aeronautics
Earth Mobile Satellite Radionavigation Satellite Radio Navigation
Meteorology Radio Astronomy
Space Research
1.70082828282e + 26
1710 to 2484 MHz Mobile Fixed, (Cell Phone)
Mobile by Satellite Research Space
170021982004
2484 to 3600 MHz Fixed-Mobile Mobile Satellite Radiolocation Radio-navigation Radio Astronomy
Aeronautical Aeronautics Research
Fixed by Satellite
1,78200400400e + 21
3600 to 9200 MHz Fixed-Mobile Fixed by Satellite
Aeronautical Radionavigation Maritime Radionavigation
Radioastronomy Radiolocation
Meteorology Space Research
1,78200040040e + 22
9200 to 40000 MHz Fixed-Mobile Fixed by Mobile Satellite by Satellite Radiolocation Radioastronomy
Aeronautical Aeronautical Research Space Research
1782020040040004200
Up 40000 Fixed-Mobile Fixed by Satellite
Mobile by Satellite Radionavigation Radioastronomy
Satellite Research Radionavigation
17828200400482005
FOR ALL SERVICE NOT CONTEMPLATED IN THIS TABLE, THE SERVICE FACTOR WILL BE 0.2. (8)
IN THE CASE OF FREQUENCY BANDS, WITHIN THE NATIONAL TABLE OF FREQUENCY ATTRIBUTIONS, IN THE SERVICE AND IDENTIFIED IN
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COMMERCIAL MOBILE FIXED CATEGORY, COMMERCIAL SHARED REPEATERS, AND TRONKED SYSTEMS COMMERCIAL ACTIVITIES, WHICH ARE USED FOR THE USE OF TELEPHONY, MUST BE APPLIED BY THE SERVICE FACTOR ESTABLISHED FOR TELEPHONY. (8)
THE UNIT COST OF EIGHT COLONES WITH FORTY-EIGHT CENTS OF COLON OR THEIR EQUIVALENT IN DOLLARS, WILL BE READJUSTED ANNUALLY IN THE MONTH OF JANUARY, IN THE SAME PERCENTAGE OF THE CPI OF THE PREVIOUS YEAR. (8)
IF THE AMOUNT RAISED WHEN APPLYING THIS METHOD OF CALCULATION GENERATES AN INCOME OF MORE THAN THREE MILLION FOUR HUNDRED AND THIRTY THOUSAND DOLLARS FROM 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 GENERAL FUND OF THE NATION. THIS LIMIT SHALL BE ADJUSTED ANNUALLY IN THE FORM SET OUT IN THE PREVIOUS SUBPARAGRAPH. (8) (17)
THE SIGET IS EMPOWERED TO GRANT CONCESSIONS FOR THE EXPLOITATION OF THE RADIO SPECTRUM OF REGULATED USE, FOR UP TO SIXTY DAYS, FOR EXPERIMENTAL USES, SCIENTIFIC RESEARCH OR SPECIAL EVENTS. THE SIGET IN ITS RESOLUTION MUST JUSTIFY THE GRANTING OF SUCH CONCESSION AND PUBLISH IT ACCORDING TO THE PROVISIONS OF THIS LAW. SUCH CONCESSIONS MAY NOT BE RENEWED OR EXTENDED AND SHALL BE SUBJECT TO THE PRIOR PAYMENT OF A FEE, WHICH SHALL BE CALCULATED ON THE BASIS OF THE AMOUNT OF THE FEES ESTABLISHED FOR THE ADMINISTRATION, MANAGEMENT AND SURVEILLANCE OF THE SPECTRUM, MULTIPLIED BY A FACTOR OF TWO. (8)
SATELLITE COMMUNICATIONS
Art. 14.-All operators of satellite communication systems that transmit from the national territory must comply with the following requirements:
a) Conform their transmissions to the standards specified by the ITU for the Satellite usage frequencies;
b) Contar with the rights of use of orbital positions when required by the case;
c) Register your transmitting equipment as required by this Law; and,
d) Have the rights of use of the spectrum clearly established by agreements, treaties or international agreements signed and ratified by El Salvador, or by obtaining a concession for the use of the spectrum granted by the SIGET.
The installation and commissioning of earth stations for satellite communications will require the granting of the frequencies that will use their emissions, unless the right of use of these frequencies is clearly established in the international conventions, agreements or treaties in force in El Salvador. The operators of the terrestrial stations, will be responsible for the interference that they cause in the exploitation of the same.
WHEN BY CHANCE CASE OR FORCE MAJEURE A SATELLITE THAT TRANSMITS TO THE NATIONAL TERRITORY COMES OUT OF OPERATION, THE SIGET MAY GRANT OPERATORS
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AFFECTED, CHANGE TO A NEW FREQUENCY WITHOUT THE NEED FOR A NEW CONCESSION FOR THE USE OF SPECTRUM. (8)EXPLOITATION RIGHT
Art. 15.-THE RIGHT OF EXPLOITATION OF THE RADIO SPECTRUM DERIVED FROM THE ENABLING TITLES GRANTED BY THE SIGET, CAN BE TRANSFERABLE OR LEASED; AND ALSO FRAGMENTABLE, IN TIME, IN THE FREQUENCIES AS IN THE GEOGRAPHICAL SPACE, WITHIN THE DEADLINE FOR WHICH IT HAS BEEN GRANTED.
REQUESTS FOR FRAGMENTATIONS AND DEFRAGMENTATIONS OF THE RADIO SPECTRUM SHOULD BE SUBMITTED IN ADVANCE BY THE HOLDER OF THE RIGHT OF EXPLOITATION, FOR APPROVAL BY THE SIGET, WHO WILL EVALUATE THE APPLICATION ACCORDING TO THE COMMON PROCEDURE LAID DOWN IN THIS LAW. IF APPROPRIATE, THE RELEVANT AMENDMENTS SHALL BE MADE TO THE RESPECTIVE CONTRACT AND THEY SHALL BE ENTERED IN THE REGISTER; OTHERWISE THE APPLICATION SHALL BE REFUSED.
RADIO SPECTRUM TRANSFERS SHALL BE SUBMITTED IN ADVANCE BY THE HOLDER OF THE RIGHT OF EXPLOITATION, FOR APPROVAL BY THE SIGET, WHO SHALL EVALUATE THE APPLICATION IN ACCORDANCE WITH THE COMMON PROCEDURE SET OUT IN THIS ARTICLE. LAW. IN CASE OF ORIGIN THE NEW CONTRACT WILL BE MADE, MAINTAINING THE CONDITIONS WITH WHICH THE SPECTRE WAS INITIALLY GRANTED AND WILL BE ENTERED IN THE REGISTER; OTHERWISE THE APPLICATION WILL BE DENIED.
THE RIGHTS OF THIRD PARTIES ARISING FROM ACTS CONCLUDED WITH THE DEALERS ARE EXTINGUISHED AS A RESULT OF THE TERMINATION OF THE CONCESSION, WITHOUT PREJUDICE TO THE RESPONSIBILITIES AND AFFECTATIONS TO WHICH IT TOOK PLACE.
IN ANY CASE, HOLDERS OF THE RIGHT OF EXPLOITATION OF THE SPECTRUM, SHALL BE RESPONSIBLE FOR THE VIOLATIONS RESULTING FROM THE USE OF THE SAME.
THE RIGHT OF EXPLOITATION DERIVED FROM AUTHORIZATIONS FOR THE EXPLOITATION OF THE SPECTRUM OF OFFICIAL USE CAN ONLY BE TRANSFERRED BETWEEN STATE INSTITUTIONS, PRIOR TO THE PROCESS OF EVALUATION AND AUTHORIZATION OF THE SIGET. (17)
REQUEST TO THE COMPETITION SUPERINTENDENCE (17)
Art. 15 -A.-THE SIGET MAY REQUEST THE SUPERINTENDENCE OF COMPETENCE WHICH, PRIOR TO THE FEASIBILITY STUDY IN ACCORDANCE WITH ITS LEGAL FRAMEWORK AND POWERS, ISSUE AN OPINION CONCERNING THE PARTICIPATION OF CERTAIN NATURAL OR LEGAL PERSONS IN THE PROCESSES FOR THE GRANTING OF CONCESSIONS FOR THE EXPLOITATION OF RADIO SPECTRUM, THE TRANSFER OF THE RIGHT OF EXPLOITATION OF SUCH CONCESSIONS ON THE SECONDARY MARKET, CONSIDERING WHETHER THEY WOULD SIGNIFICANTLY LIMIT THE LEVEL OF COMPETITION DESIRABLE IN THE MARKET OR IF THEY WOULD CREATE OBSTACLES TO THE ENTRY OF NEW COMPETITORS. IN ANY EVENT, THE APPLICATION SHALL BE SUBMITTED TO THE COMPETITION SUPERINTENDENCE FOR ANALYSIS, AND THE APPLICATION SHALL BE DELIVERED WITHIN A PERIOD NOT EXCEEDING FORTY-FIVE DAYS, WITH THE EXCEPTION OF THE REQUEST FOR RADIO SPECTRUM NO.
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EXCLUSIVE.
IN THE CASE OF NOT COUNTING ON THE ANSWER OF THE SUPERINTENDENCE OF COMPETENCE WITHIN THE PRESCRIBED PERIOD, THIS WILL BE UNDERSTOOD AS FAVORABLE BEING ABLE THE SIGET TO CONTINUE WITH THE RESPECTIVE PROCEDURE. (17)
AUTHORIZATION AND CONCESSIONS DEADLINE
Art. 16.-Concessions and authorizations for the exploitation of the spectrum shall be granted for a period of twenty years.
CONCESSIONS FOR THE EXPLOITATION OF SATELLITE SYSTEMS SHALL BE GRANTED FOR THE PERIOD SPECIFIED IN THE CONTRACT. BETWEEN THE SATELLITE OPERATOR AND THE END USER. THUS, IF DURING THE PERIOD OF THE CONTRACT THE SATELLITE OPERATOR MAKES A CHANGE OF CENTRAL FREQUENCY TO THE END USER FOR JUSTIFIABLE TECHNICAL REASONS, THE CONCESSION MAY BE MODIFIED, RESPECTING THE PERIOD OF THE CONTRACT, IF ANOTHER CHANGE IS MADE. TECHNICAL PARAMETER SUCH AS THE BANDWIDTH OR NOMINAL POWER OF THE TRANSMITTER, YOU WILL NEED TO REQUEST A NEW CONCESSION. IN ADDITION, IF THE CONTRACT IS RENEWED WITHOUT CHANGING THE TECHNICAL CONDITIONS, THE SIGET MAY RENEW THE CONCESSION FOR THE PERIOD OF THE NEW CONTRACT, IF THE TECHNICAL CONDITIONS ARE CHANGED, IT MUST UNDERGO THE CONCESSION PROCESS AGAIN SET THE ACT. (8)
GRANT EXTINCTION
Art. 17.-The concession is extinguished by:
a) Expiration of the period for which it was granted;
b) Renunciation of the concessionaire; and,
c) Revocation.
LEASING OF FREQUENCY BANDS IS EXTINGUISHED BY: (17)
a) MATURITY OF THE CONCESSION PERIOD; (17)
b) INSOLVENCY IN THE PAYMENT OF ITS OBLIGATIONS ARISING FROM THE CONCESSION; AND, (17)
(c) FAILURE TO COMPLY WITH THE OBLIGATIONS LAID DOWN IN THIS LAW AND IN THE ENABLING TITLE. (17)
USE OF NATIONAL PUBLIC GOODS
Art. 18. Telecommunications service operators shall have the right to lay down air or underground lines in streets, squares, parks, roads and other national public goods for the purpose of installing the necessary networks for the service delivery, and must be attached to
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rules to force them applicable.
TITLE III
RESOURCES TELECOMMUNICATIONS
CHAPTER I ESSENTIAL RESOURCES
DESCRIPTION
Art. 19. FOR THE PURPOSE OF THIS LAW, ESSENTIAL RESOURCES SHALL BE CONSIDERED:
(a) THE INTERCONNECTION AT ALL LEVELS OR POWER STATIONS AT ANY POINT OF THE NETWORK WHICH IS TECHNICALLY FEASIBLE, IN ORDER TO TERMINATE THE NETWORK OF ONE OF THE PARTIES, TELECOMMUNICATIONS ORIGINATING IN ANY OTHER COMMERCIAL NETWORK, OR TRANSFERRING TELECOMMUNICATIONS ORIGINATING FROM THE NETWORK OF ONE OF THE PARTIES TO ANY OTHER COMMERCIAL TELECOMMUNICATIONS NETWORK SELECTED BY THE END USER, IMPLICIT OR EXPLICITLY;
b) THE SENATION;
c) THE AUTOMATIC IDENTIFICATION HANDOVER OF THE NUMBER FROM THE USER ORIGINATING THE COMMUNICATION;
d) THE BILLING DATA;
e) THE PORTABILITY OF THE USER ' S TELEPHONE NUMBER, IN THE EVENT OF A CHANGE OF OPERATOR PROVIDER OF ACCESS SERVICES, TO THE EXTENT TECHNICALLY FEASIBLE;
f) THE REGISTRY OF THE USERS OF THE VARIOUS OPERATORS WITH RESPECT TO THE PUBLIC INFORMATION IN THE TELEPHONE DIRECTORY;
g) THE RIGHT OF ACCESS TO THE DATABASES OF THE PUBLIC DIRECTORIES OF THE CLIENTS OF THE SUPPLIERS SERVICES, WITH THE ONLY PURPOSE OF PUBLISHING THEM ON PAGES CONTAINING THE DATA OF THE SUBSCRIBERS FROM THE TELEPHONE DIRECTORY;
h) UNBUNDLING OF THE FIXED NETWORK FOR THE TELECOMMUNICATIONS COMMERCIAL NETWORK PIPELINE;
i) CO-LOCALIZATION FOR THE TELECOMMUNICATIONS COMMERCIAL NETWORK PIPELINE; AND,
j) ALL THOSE FACILITIES OF A FIXED NETWORK FOR THE PROVISION OF
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PUBLIC TELECOMMUNICATIONS SERVICE, PROVIDED BY FIXED NETWORK, THAT IS EXCLUSIVE OR PREDOMINANTLY SUPPLIED BY A SINGLE OR LIMITED NUMBER OF SUPPLIERS; AND WHICH IS NOT ECONOMICALLY OR TECHNICALLY FEASIBLE TO REPLACE THEM WITH THE PURPOSE OF SUPPLYING THE INTERCONNECTION SERVICE. (9)
ASSOCIATED RESOURCES
Art. 19-A.-FIXED NETWORK TELECOMMUNICATIONS SERVICE PROVIDERS ARE REQUIRED TO PROVIDE ACCESS TO ASSOCIATED RESOURCES IN REASONABLE AND NON-DISCRIMINATORY PRICING, TERMS AND CONDITIONS. FOR THE PURPOSE OF THIS LAW, THE FOLLOWING ASSOCIATED RESOURCES ARE CONSIDERED:
a) CIRCUIT LEASE; AND,
b) USE OF PIPELINES, DUCTS, POLES, AND TRACK RIGHTS, WHEN THESE ARE NECESSARY FOR THE INTERCONNECTION.
THE CONFLICTS BETWEEN OPERATORS IN APPLICATION OF THIS PROVISION WILL BE RESOLVED BY MEANS OF THE PROCEDURE FOR ACCESS TO ESSENTIAL RESOURCES REFERRED TO IN THIS LAW, IN ORDER TO ESTABLISH THE AFOREMENTIONED TERMS AND CONDITIONS REASONABLE AND NON-DISCRIMINATORY.
COMPANIES AUTHORIZED BY THE SIGET TO OPERATE A SUBMARINE CABLE SYSTEM AS A PUBLIC TELECOMMUNICATIONS SERVICE, WILL BE REQUIRED TO PROVIDE ACCESS TO SUCH SYSTEMS, INCLUDING PLATFORM FACILITIES, UNDER CONDITIONS REASONABLE AND NON-DISCRIMINATORY IN WHICH ACCESS WILL BE GUARANTEED. (9)
OBLIGATION TO PROVIDE ACCESS
Art. 20.-ANY OPERATOR OF COMMERCIAL TELECOMMUNICATIONS NETWORKS SHALL PROVIDE ACCESS TO ESSENTIAL RESOURCES TO ANY OPERATOR WHO REQUESTS IT BY PAYMENT AND WITHOUT ANY DISCRIMINATION, AND SHALL PROVIDE DISAGGREGATED CHARGES OF INTERCONNECTION, AS WELL AS ACCESS TO DISAGGREGATED NETWORK ELEMENTS. ACCESS SHALL BE GRANTED WITH THE QUALITY AND ON THE REQUESTED SWITCHING NODES, PROVIDED THAT IT IS TECHNICALLY FEASIBLE. EACH OPERATOR, AT THE TIME IT REQUESTS ACCESS TO AN ESSENTIAL RESOURCE, SHALL HAVE THE RIGHT TO HAVE SIMILAR CONTRACTUAL TERMS TO WHICH THE OPERATOR PROVIDING SUCH AN APPEAL HAS CONTRACTED WITH OTHER OPERATORS. ACCESS SHALL NOT BE GRANTED WHERE THE EQUIPMENT INTENDED TO INTERCONNECT MAY CAUSE MALFUNCTION OR DAMAGE TO EQUIPMENT IN USE.
IN THE CASE OF CONFLICT, THE INTERESTED PARTIES WILL BE ABLE TO GO TO THE SIGET FOR THE ALTERNATIVE SOLUTION OF THE SAME, ACCORDING TO THE PROCEDURE ALREADY ESTABLISHED.
IN ORDER TO FACILITATE THE INTERCONNECTION AND PROVISION OF DISAGGREGATED ITEMS
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OF NETWORK BETWEEN THE DIFFERENT OPERATORS, THE REGULATION WILL DEVELOP THE WAY IT WILL BE DONE TECHNICALLY FEASIBLE INTERCONNECTION BETWEEN NETWORKS, AS WELL AS THE LEVEL AND FORM OF UNBUNDLING OF THE NETWORK.
THE BASIC OFFERS OF INTERCONNECTION AND ACCESS, THE APPLICABLE PROCEDURES FOR INTERCONNECTION NEGOTIATIONS AND INTERCONNECTION CONTRACTS ARE CONSIDERED PUBLIC AND WILL BE ENTERED IN THE REGISTER ATTACHED TO THE SIGET; THEY SHALL INCORPORATE ALL AGREEMENTS GOVERNING THE INTERCONNECTION BETWEEN THE NETWORKS AND THEIR TECHNICAL AND ECONOMIC CONDITIONS, INCLUDING THE VALIDITY, GUARANTEES, TERMS AND CONDITIONS OF RENEWAL; THE CONTRACTS SHALL BE DRAWN UP UNDER TERMS, CONDITIONS, INCLUDING TECHNICAL STANDARDS AND SPECIFICATIONS, QUALITY AND NON-DISCRIMINATORY CHARGES . (9)
CONDITIONS FOR RESALE OF SERVICES
Art. 20-A.-FIXED NETWORK OPERATORS PROVIDING PUBLIC TELECOMMUNICATIONS SERVICES SHALL NOT IMPOSE DISCRIMINATORY OR UNREASONABLE PRICES, CONDITIONS OR LIMITATIONS ON THE RESALE OF SUCH SERVICES. IMPORTANT FIXED NETWORK PROVIDERS MAY NOT GRANT SUCH SERVICES IN TERMS OF PRICES AND CONDITIONS LESS FAVOURABLE THAN THOSE WHICH THEY SUPPLY TO THEIR OWN END-USERS.
RESELLERS MUST REGISTER PREVIOUSLY IN THE REGISTER ATTACHED TO THE SIGET. (9)
PRIVATE NEGOTIATION
Art. 21.-The pricing and technical conditions for access to any essential resource shall be negotiated between the parties.
Any operator requiring access to essential resources of another commercial telecommunications network operator, must submit a procurement tender to the latter specifying prices and technical conditions. This offer must be sent with acknowledgement of receipt. A copy must be sent to the SIGET of any request with a record of receipt of the operator to which it was sent.
Translate forty days from the day following the submission of the request for access, and no agreement exists in all or in Some of the points, the stakeholders will be able to go to the SIGET for the solution of the conflict. This time limit may be extended or reduced by common agreement.
TREATMENT OF IMPORTANT FIXED NETWORK PROVIDERS
Art. 21-A.-ANY PUBLIC TELECOMMUNICATIONS SERVICE OPERATOR SHALL HAVE THE RIGHT TO ENSURE THAT ANY MAJOR PROVIDER OF FIXED NETWORKS PROVIDES TREATMENT ON TERMS NOT LESS FAVOURABLE THAN THOSE GRANTED TO ITS SUBSIDIARIES, SUBSIDIARIES OR AN OPERATOR. AFFILIATE IN TERMS OF PROVISIONING, AVAILABILITY, TARIFFS AND QUALITY OF PUBLIC TELECOMMUNICATIONS SERVICES, AS WELL AS THE AVAILABILITY OF TECHNICAL INTERFACES REQUIRED FOR INTERCONNECTION. (9)
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CHAPTER II OTHER RESOURCES
INTERCONNECTION
Art. 22. The interconnection of networks shall be freely negotiated, except as regards access to essential resources, as specified in Chapter I of this Title.
ACCESS TO THE MULTIPORTER SYSTEM
Art. 23.-Access service operators who hold more than ten thousand lines in service shall provide their users, without any discrimination, with the possibility of selecting the intermediary service provider by using a operator selection key, as stipulated by the Numbering Plan. Access to intermediate services by the multi-carrier system may not be charged.
MULTICARRIER SYSTEM SERVICE
ART. 24.-Access service operators may offer their users the pre-subscription service to access the multi-carrier system, respecting the provisions of Article 107 of this Law.
SPECIFICATION OF THE SERVICE OPERATOR INTERMEDIA
Art. 25.-When the provision for intermediate services is offered by the operators of access services, users may specify the operator of the intermediate services with which they have chosen their access services operator. subscribe.
FREEDOM OF SELECTION
Art. 26.-The pre-subscription will not prevent the user from accessing the intermediate services networks of other intermediate service operators, who provide their services through the multi-carrier system.
NUMBERING PLAN
Art. 27.-The numbering plan shall be developed and administered by the SIGET. The operator selection keys for the multi-carrier service will form an integral part of the numbering plan.
Operators requiring the allocation of telephone numbers for their users must request them from the SIGET. The SIGET will award numbers based on lots. Within five days of the submission of the application, the SIGET may grant the requested or, if it considers that the risk of exhausting the numbering plan is running, it shall call for an auction to be granted, according to the the procedure stipulated in Article 102 of this Law.
When specific numbers are requested, the SIGET shall grant them through the auction method specified in Article 102 of this Law.
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Any allocation of telephone numbers to an operator must be notified to the other operators.
All telecom operators must obey the rules set in the Numbering Plan.
ASSIGNING OPERATOR SELECTION KEYS
Art. 28.-The network operator selection keys will be granted by the SIGET by auction, which will be performed according to the procedure set out in Article 102 of this Law.
TITLE IV USER PROTECTION
SINGLE RIGHTS AND OBLIGATIONS
USER RIGHTS
Art. 29.-They are user rights:
a) To access the public telephone service and maintain communications without interference or interventions;
b) THE SECRET OF THEIR COMMUNICATIONS AND THE CONFIDENTIALITY OF THEIR PERSONAL DATA PUBLIC, HAVING REGARD TO THE ABOVE MENTIONED IN TITLE V-BIS, SINGLE CHAPTER OF THIS LAW; (9)
c) To connect at the termination points of the network, any equipment or apparatus of its property, leased or acquired to any title, without Prior authorization of the access services operator;
d) Not to be disconnected arbitrarily the service;
e) To be compensated for the damages caused to the operators by the operators, as established by the corresponding laws;
f) To the terms and conditions of the respective service contract are clearly specified conditions under which you will receive the service, especially as regards quality, coverage, rates and continuity of service.
THE TELEPHONE OR TELECOMMUNICATIONS PUBLIC SERVICE SUPPLY CONTRACT IS INDEPENDENT OF THE CONTRACT RELATING TO THE PROVISION OF TERMINAL EQUIPMENT; THEREFORE, THE TERM OF THE TERMINAL EQUIPMENT CANNOT BE CONDITIONED CORRESPONDING SUPPLY SERVICE, TO THE PROVISION CONTRACT OF THE DEVICE, OR VICE VERSA. (15)
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WITHOUT PREJUDICE TO THE FOREGOING, THE CUSTOMER OR USER MAY CHOOSE TO PURCHASE THEIR TELEPHONE BY MEANS OF CONTRACTS, THAT IS, IN THE FORM OF POST-PAYMENT WITH THE OPERATOR THAT YOU CHOOSE; HOWEVER, ONCE THE CONTRACT HAS EXPIRED, IF THE DEVICE IS BLOCKED, THE OPERATOR IS OBLIGED TO UNBLOCK THE CONTRACT FREE OF CHARGE. REFERRED TEAM TO THE OWNER OF THE SAME; (15)
g) A figure in the Telephone Directory their respective operator;
h) To be informed of the fees charged by operators for public telephone services; as well as to be informed in advance of the cuts of these services to carry out maintenance tasks, and estimated duration of the same;
i) OPERATORS TO RESOLVE THEIR CLAIMS FOR NON-COMPLIANCE WITH THE TELECOMMUNICATIONS SERVICES CONTRACT, FOR UNDUE CHARGES OR FOR ANY OTHER CAUSE OF THOSE ESTABLISHED IN Art. 98 OF THIS LAW, ACCORDING TO THE PROCEDURE DETERMINED IN THIS LEGAL BODY; IT SHOULD BE UNDERSTOOD AS TELECOMMUNICATIONS SERVICE THE CONCEPTS DEFINED IN THIS LAW; (13)
j) TO THE PORTABILITY OF THE TELEPHONE NUMBER; ESTABLISHING ITSELF AS A USER ' S RIGHT AND AN OBLIGATION FOR FIXED AND MOBILE TELEPHONY OPERATORS; IN PARTICULAR, THE PORTABILITY OF THE NUMBER THAT A USER CAN VOLUNTARILY CHANGE FROM OPERATOR, KEEPING HIS OR HER MOBILE NUMBER OR FIXED AT NO COST. IT IS ALSO THE DUTY OF THE OPERATOR OF THE SERVICE, TO PERFORM WITH AGILITY AND AT NO COST TO THE USER, ALL THE FORMALITIES FOR THE MIGRATION OF THIS TO THE OPERATOR THAT HE HAS SELECTED.
THE SIGET WILL BE RESPONSIBLE FOR CARRYING OUT THE FEASIBILITY STUDY FOR THE SELECTION OF THE TYPES OF PORTABILITY AND SYSTEM MODEL TO IMPLEMENT AND ISSUE THE CORRESPONDING REGULATION, ALL ACCORDING TO THE BEST INTERESTS OF THE USERS, WITHIN A PERIOD NOT LONGER THAN SIX MONTHS AFTER THE VALIDITY OF THIS DECREE; (13)
K) TO HAVE UNLIMITED VALIDITY IN THE BALANCE OF PREPAID CARDS OF TELEPHONY SERVICE, PINS, ELECTRONIC RECHARGES AND TRANSFERS OF BALANCES; WITHOUT PREJUDICE TO THE DUE CASES OF THE TELEPHONE LINE FOR FAILURE TO REGISTER IN THIS MOVEMENT INCOMING OR OUTGOING CALLS WITHIN THE THREE MONTH CALENDAR MONTH.
THE OPERATOR IS OBLIGED TO MAKE THE USER ' S KNOWLEDGE, BY MEANS OF THE APPROPRIATE PROCEDURE AND TECHNIQUE, OF THE AVAILABLE BALANCE CONTAINING THE ACQUIRED CARD, PINS, ELECTRONIC RECHARGES AND TRANSFERS OF BALANCE, ACCORDING TO THE VALUE OF THE CARD, YOU MUST ENSURE THAT YOUR DISCOUNT IS DUE TO THE EXACT TIME USED; (13)
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l) TO BE GIVEN AND BILLED TO THE EXACT SECOND IN ALL TELEPHONY SERVICES, WHERE TIME IS THE UNIT OF MEASURE, EXCEPT WHERE IT IS AGREED BETWEEN OPERATOR AND USER A DIFFERENT MODALITY IN FAVOUR OF THE LATTER; AND, (13)
M) TO WHICH THE TELECOMMUNICATIONS EQUIPMENT, WHETHER OFFERED WITHOUT LOCKS, OR SUBJECT TO CONFIGURATIONS TECHNIQUES, WHETHER ELECTRONIC, SOFTWARE OR PHYSICAL, THAT RESTRICT THEIR USE TO THE NETWORK OF THE A DEALERSHIP THAT PROVIDES THE TELEPHONE SERVICE.
WHEN IN THE PURCHASE OF A CONTRACT IN TIME, THE OPERATOR IS OBLIGED TO UNBLOCK THE TERMINAL EQUIPMENT FREE OF CHARGE AFTER THE SERVICE CONTRACT FOR WHICH THE TERMINAL WAS PROVIDED. IN NO CASE SHALL THE BLOCK OF THE EQUIPMENT EXCEED THE PERIOD STIPULATED IN THE CONTRACT, WHICH MAY NOT BE GREATER THAN 18 MONTHS FROM THE SIGNATURE OF THE CONTRACT.
CANNOT BE UNLOCKED AND ACTIVATED TO HIRE NEW SERVICES, THOSE DEVICES THAT ARE IN THE DATABASE OF STOLEN OR STOLEN DEVICES.
THE BREACH OF THE PROVISIONS OF THIS LITERAL SHALL CONSTITUTE THE VERY SERIOUS INFRINGEMENT PROVIDED FOR IN ARTICLE 34 (N) OF THIS LAW.
THE MARKETING OF MOBILE TELEPHONE DEVICES MAY BE CARRIED OUT BY ANY NATURAL OR LEGAL PERSON, PROVIDED THAT IT HAS THE REGISTERED REGISTRATION PLATE AND COMPLIES WITH THE LEGAL REQUIREMENTS TO CARRY OUT THIS TYPE OF ECONOMIC ACTIVITY. (15)
USER OBLIGATIONS
Art. 30.-They are user obligations:
a) Pay the installation rights and promptly cancel the invoices derived from the service provision;
b) Reply to the courts competent for the malfunction or damage that cause the operators ' network to be connected at the network termination points of any equipment or apparatus of their ownership or obtained to any title;
c) Obtain the authorization of the access services operator prior to the use or connection to your network, for which you will be required to sign a service contract with that operator;
d) SUBMIT DOCUMENTATION TO IDENTIFY THE TELECOM SERVICE REQUESTER IN THE PRIOR PAYMENT MODE; AND, (6) (7)
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e) INFORM IN WRITING THE OPERATOR PROVIDING SERVICES IN THE PRIOR PAYMENT METHOD, ANY MODIFICATION IN THE OWNERSHIP OF THE SERVICE. (6) (7)
OPERATOR OBLIGATIONS
Art. 30-A.-IT IS THE OBLIGATION OF THE OPERATORS OF ACCESS SERVICES TO KEEP A REGISTER OF ALL USERS INCLUDING THOSE OF PRIOR PAYMENT, AND TO KEEP SUCH INFORMATION AT THE DISPOSAL OF THE COMPETENT AUTHORITY IN THE INVESTIGATION OF CRIMES THAT THE NEED. (6) (7)
THE DELIVERY OF THE INFORMATION REQUIRED BY THE REPUBLIC ' S ATTORNEY GENERAL, RELATING TO THE REGISTRATION DATA OF THE LINE OR TELEPHONE LINES INVESTIGATED, THE RECORDS OF CALLS MADE DURING A PERIOD CLEARLY DETERMINED, AS WELL AS DATA ON THE ORIGIN OF ANY OTHER TYPE OF ELECTRONIC COMMUNICATION, AND THE TEMPORARY SUSPENSION OF LINES, THE BLOCKING OF TELEPHONE EQUIPMENT AND OTHER ELECTRONIC COMMUNICATIONS SHALL BE CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. PROVIDED FOR IN ARTICLE 238 OF THE CRIMINAL PROCEDURAL CODE. (10)
SERVICE CONNECTION
Art. 31.-Operators may suspend the provision of their services without prior notice to the user only in the following cases:
a) When the installation rights or the invoices or fees of two or more months are pending payment, derived from the provision of the service;
b) When the operator's network is malfunctioning or damaged, by the connection at the termination points of that network of any equipment or apparatus owned or obtained by the user any title;
c) When connected to the telecommunications network without the prior access service operator authorization;
d) WHEN OWNERSHIP OF THE SERVICE IS TRANSFERRED IN THE PRIOR PAYMENT MODE WITHOUT THE RESPECTIVE WRITTEN NOTIFICATION TO THE CORRESPONDING OPERATOR; AND, (6) (7)
E) WHEN ORDERED BY JUDICIAL AUTHORITY IN THE FRAMEWORK OF A CRIMINAL PROCEDURE AND INVESTIGATION. AT THE SAME TIME, A COPY OF THAT ORDER WILL BE SENT TO THE SIGET. (10)
Disconnecting the service does not invalidate the right of operators to use the relevant judicial path.
TITLE V
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VIOLATIONS AND SANCTIONS REGIME
CHAPTER I VIOLATION REGIME
LESS SEVERE VIOLATIONS
Art. 32.-They are less serious infractions:
a) Causing users to interfere or interventions in their communications for technical reasons;
b) DELETED; (15)
c) arbitrarily disconnect the public telephone service to the user;
d) Not clearly specify in the respective telephony service contract, the terms and conditions under which it will be provided the service, especially in terms of quality, coverage, rates and continuity of the service;
e) Do not include in the respective Telephone Directory, the relevant data of more than one thousand users, with the exception of those who have requested your exclusion from this; and,
f) Do not report fees charged for services public telephony; as well as not reporting in advance of the cuts of these services to perform maintenance tasks, or the estimated duration of maintenance tasks.
SERIOUS VIOLATIONS
Art. 33.-These are serious violations:
a) Cometer three or more violations typified as less serious within one month, or twelve within one year; ** DECLARED UNCONSTITUTIONAL
b) Do not enroll in the Register when it exists legal obligation to do so;
c) Operate services when their rates have not been approved by the SIGET;
d) Failure to provide information to the SIGET where there is a legal obligation to do so, or to provide false information;
e) Refusal to pay the SIGET the rights corresponding to the administration, management and surveillance of the spectrum;
f) OPERATING NETWORKS OR PROVIDING SUBSCRIPTION TELEVISION SERVICES WITHOUT THE RESPECTIVE LICENSE, PERMIT OR AUTHORIZATION ISSUED BY SIGET; (17)
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g) Causing harmful interference in the exploitation of radio spectrum;
h) Use radio spectrum without respecting the technical standards and conditions established in the CNAF;
i) Failure to comply with the Numbering Plan;
j) FAILURE TO COMPLY WITH TECHNICAL REGULATIONS BASED ON STANDARDS OF THE QUALITY OF PUBLIC TELECOMMUNICATIONS SERVICES ESTABLISHED BY THE SIGET, IN THE CONTROL PERIOD DEFINED BY THIS INSTITUTION; AND, (16) ** DECLARED UNCONSTITUTIONAL
k) THE FAILURE TO PAY COMPENSATION RESULTING FROM A CLAIM PROCESS ESTABLISHED IN THIS LAW. (16)
VERY SERIOUS VIOLATIONS
Art. 34.-These are very serious violations:
a) Violating the secrecy of communications by interference or intentional intervention of communications;
b) Refusing to provide access to essential resources, altering essential resources provided to another operator or alter the data necessary for the collection of such resources;
c) Interconnecting or using a telecommunications network, without the due agreement of the network operator;
d) Causing by the interconnection, damage or malfunction on the equipment of another telecommunications operator, by negligence or by intent;
e) Disconnect without justified cause the interconnection of an operator;
f) Refuse to comply with the resolutions issued by the SIGET, in accordance with the procedures laid down in this Law, including the practices anticompetitive;
g) Increase the rates approved by the SIGET without following the procedure laid down in this Law;
h) Failure to comply with the terms and conditions set out in the contracts for the provision of telephony services; including excessive or undue charges, to more than one thousand users within one month;
I) DENY ACCESS TO SIGET OFFICIALS OR PERSONNEL ACCREDITED BY IT TO OPERATORS AND USERS ' FACILITIES, AND DENY THEM ALL FACILITIES TO PERFORM COMPLIANCE VERIFICATION WORK
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OF THIS LAW, REGULATION AND OTHER LEGAL PROVISIONS, AS LONG AS THE INSPECTION TO THE VERIFICATION IS PART OF THE COMPLAINT PROCEDURE INITIATED OR FILED WITH THE SIGET BETWEEN OPERATORS AND IN THE CASE OF THE USER ' S FACILITIES, AS LONG AS IT IS BY COURT ORDER; (4) (7)
J) DENY INFORMATION REQUIRED BY THE SIGET A OPERATORS, ESPECIALLY RELATED TO THEIR USERS; (4) (7)
k) PROVIDING SERVICES PUBLIC TELEPHONY WITHOUT THE DUE CONCESSION; (4) (7)
L) REFUSING TO PAY THE FEES OR EXPENSES OF EXPERTS ORDERED BY THE SIGET AT THE REQUEST OF PART; (4) (7)
m) SELLING ACCESS SERVICES IN THE FORM OF PRIOR PAYMENT, WITHOUT COMPLY WITH THE PROVISIONS CONTAINED IN TITLE IV OF THIS LAW; (7)
N) FAIL TO COMPLY WITH THE PROVISIONS OF THE LITERAL (m) OF ART. 29 OF THIS LAW REGARDING THE OBLIGATION AND GRATUITOUSNESS OF THE TELEPHONE UNLOCK, NOT ALLOWING THIS CONNECTION IN THE NETWORK TERMINATION POINTS ANY EQUIPMENT OR APPARATUS OF ITS PROPERTY OR OBTAINED TO ANY TITLE; (15)
OR) THE REPEATED FAILURE TO COMPLY WITH THE TECHNICAL REGULATIONS BASED ON THE QUALITY OF SERVICE STANDARDS ESTABLISHED BY THE SIGET, CONCERNING THE QUALITY INDICATORS RELATED TO THE ESTABLISHMENT AND DURATION OF TELEPHONE CALLS, DATA SERVICE, TEXT AND MULTIMEDIA MESSAGING, VOICE QUALITY, APPLICATION OF RATES, CUSTOMER SERVICE, RADIO COVERAGE, DAMAGE AND FAILURES IN NETWORKS AND OTHER SERVICES PROVIDED IN TELECOMMUNICATIONS NETWORKS; (16)
p) USE WITHOUT THE DUE ALLOWANCE OR AUTHORIZATION ISSUED BY SIGET, THE FREQUENCIES RADIO ELECTRIC ON THE REGULATED OR OFFICIAL USE SPECTRUM; AND, (17)
q) TRANSFERRING OR LEASING THE RIGHT OF EXPLOITATION OF A CONCESSION WITHOUT PRIOR AUTHORISATION OF THE SIGET. (17)
PRESCRIPTION
Art. 35. The less serious and serious infringements shall be prescribed at six months and the very serious infringements shall be prescribed for the year, if, before the expiry of those periods, the alleged infringer has not been notified of the initiation of the respective proceedings.
In cases of continued execution of acts constituting an infringement, the limitation period will begin to be counted from the date on which the offending activity is stopped.
In the event of the case being initiated penalties, the infringements prescribe if the procedure is interrupted for cause imputable to the SIGET, by more than three months. The prescription will operate in full
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right.
CHAPTER II SANCTIONS REGIME
PENALTIES FOR THE LEAST SERIOUS VIOLATIONS
Art. 36. THE LESS SERIOUS INFRACTIONS WILL BE SANCTIONED WITH A FINE OF ELEVEN THOUSAND ONE HUNDRED AND ELEVEN THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN COLONES FOR EACH INFRINGEMENT, IN ADDITION TO A FINE OF ONE THOUSAND TWO HUNDRED AND FIFTY DOLLARS OF THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN COLONES FOR EACH DAY THE INFRINGEMENT CONTINUES. (17)
PENALTIES FOR SERIOUS VIOLATIONS
Art. 37.-SERIOUS INFRACTIONS WILL BE SANCTIONED WITH A FINE OF ONE HUNDRED AND ELEVEN THOUSAND TO TWO HUNDRED AND TWENTY-TWO THOUSAND DOLLARS FROM THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN COLONES FOR EACH INFRINGEMENT, IN ADDITION TO A FINE OF TWO THOUSAND FIVE HUNDRED DOLLARS UNITED STATES OF AMERICA OR ITS EQUIVALENT IN COLONES FOR EACH DAY THE INFRINGEMENT CONTINUES. (17)
PENALTIES FOR VERY SERIOUS VIOLATIONS
Art. 38.-WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 42 OF THIS LAW, VERY SERIOUS INFRACTIONS SHALL BE SANCTIONED WITH A FINE OF FOUR HUNDRED AND FORTY-FOUR THOUSAND TO FIVE HUNDRED AND FIFTY-FIVE THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN COLONES FOR EACH INFRINGEMENT, IN ADDITION TO A FINE OF FIVE THOUSAND DOLLARS FROM THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN COLONES FOR EACH DAY THE INFRINGEMENT CONTINUES. (17)
PRESCRIPTION
Art. 39.-In two years from the date of the decision, they shall be subject to the penalties which have not been made effective within that period. The prescription will operate in full right.
The term is interrupted by actions aimed at the enforcement of the penalty or the commencement of enforcement.
ADJUSTMENT OF FINES
Art. 40.-The value of the fines referred to in Articles 36, 37 and 38 of this Law will be adjusted on the basis of the Consumer Price Index published by the Ministry of Economy. The adjustment shall be made semi-annually from the first working day of the months of January and July. The SIGET will announce the updated value of the penalties semi-annually.
INCOME FROM FUNDS
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Art. 41.-The funds from the application of the sanctions will be entered into the General Fund of the Nation.
CAUSES OF REVOCATION OF RADIO SPECTRUM CONCESSIONS (17)
Art. 42.-THE FOLLOWING ARE THE CAUSES OF REVOCATION OF THE RADIO SPECTRUM CONCESSIONS:
(a) THE LACK OF PAYMENT OR INCOMPLETE PAYMENT OF THE ECONOMIC OBLIGATIONS ASSOCIATED WITH THE CONCESSION AFTER THE END OF THE PERIOD FOR PAYMENT, OF CONFORMITY TO ART. 63 OF THIS LAW;
b) NO USE OF FREQUENCIES FOR MORE THAN A SPECIFIED NUMBER OF CONSECUTIVE DAYS OR NOT, FOR A SPECIFIED NUMBER OF CONSECUTIVE WEEKS IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT OF GRANT, WHEN APPLICABLE, IN CONSIDERATION OF THE TYPE OF RADIO COMMUNICATIONS SERVICE AND THE CLASSIFICATION OF USE, AS DEFINED IN ART. 6 OF THIS LAW, FOLLOWING DUE PROCESS;
c) FAILURE TO COMPLY WITH THE CONDITIONS SET FORTH IN THE RESPECTIVE ENABLING TITLE; AND,
d) BREACH OF PROVISIONS OR ORDERS OF COMPETENT AUTHORITY, WHEN THIS IS SERIOUSLY DAMAGING TO PUBLIC SAFETY.
THIS ARTICLE DOES NOT APPLY TO THE SERVICES REFERRED TO IN TITLE VIII "SPECIAL REGIME FOR FREE RECEPTION SERVICES" AS INCORPORATED IN ART. 124 OF THIS LAW. (17)
TITLE VEBIS
CHAPTER UNIQUE COOPERATION WITH THE INSTITUTIONS OF THE JUSTICE SYSTEM (5)
COOPERATION
Art. 42-A.-OPERATORS OF COMMERCIAL TELECOMMUNICATIONS NETWORKS ARE OBLIGED TO COOPERATE WITH THE AUTHORITIES AND TO PROVIDE THE NECESSARY FACILITIES TO INVESTIGATE PUNISHABLE FACTS. (5)
CALL IDENTIFICATION INFORMATION
Art. 42-B.-TELECOMMUNICATIONS COMMERCIAL NETWORK OPERATORS SHALL PROVIDE INFORMATION REGARDING THE ORIGIN, ADDRESS, DESTINATION OR TERMINATION OF THE DIALING OR RECEIPT OF TELEPHONE CALLS OF THE NUMBERS OF THEIR USERS UNDER RESEARCH, WHICH HAS BEEN GENERATED OR RECEIVED BY MEANS OF TELECOMMUNICATIONS EQUIPMENT, FACILITIES OR SERVICES OF THE TELEPHONE OPERATOR. (5)
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ACCESS TO STUB INFORMATION
Art. 42-C.-OPERATORS OF COMMERCIAL TELECOMMUNICATIONS NETWORKS SHALL MAKE AVAILABLE TO THE AUTHORITIES THE DATABASES CONTAINING THE INFORMATION REFERRED TO IN THE PREVIOUS ARTICLE, WITHOUT AFFECTING THE MANAGEMENT, CONTROL OR OPERATIONS OF THE NETWORK. TELEPHONY SERVICE OPERATOR TELECOMMUNICATIONS. (5)
ENCRYPTION
Art. 42-D.-TELECOMMUNICATIONS COMMERCIAL NETWORK OPERATORS MUST DESCRIBE OR ENSURE THAT THE AUTHORITIES CAN DESCRIBE, ANY COMMUNICATION FROM A SUBSCRIBER OR CLIENT, FOR THE PURPOSE OF OBTAINING THE INFORMATION REFERRED TO BY THE TWO PREVIOUS ARTICLES, IN CASES WHERE THE ENCRYPTION HAS BEEN PROVIDED BY THE SERVICE OPERATOR. (5)
COMPETENT AUTHORITY
Art. 42-E.-OPERATORS OF COMMERCIAL TELECOMMUNICATIONS NETWORKS SHALL ENSURE THAT THE REQUEST FOR INFORMATION ON THE IDENTIFICATION OF CALLS AND ACCESS TO SAFEGUARD INFORMATION IS ISSUED THROUGH THE CORRESPONDING JUDICIAL OR MINISTRY ORDER PUBLIC. (5)
FINE
Art. 42-F.-THE LACK OF COLLABORATION OF THE OPERATORS OF COMMERCIAL TELECOMMUNICATIONS NETWORKS WILL BE SANCTIONED WITH A FINE EQUAL TO THAT ESTABLISHED FOR THE VERY SERIOUS SANCTIONS THAT REGULATES THE PRESENT LAW AND WILL BE APPLIED BY THE PROCEDURE ADMINISTRATIVE OF THE SAME, WITHOUT PREJUDICE TO THE CRIMINAL LIABILITY IN WHICH IT INCURS, NOT BEING APPLICABLE THE PROVISIONS OF ARTICLE 7, LITERAL B), PARAGRAPH 3, OF THIS LAW. (5)
GENERAL OBLIGATIONS FOR TELEPHONY SERVICE OPERATORS
Art. 42-G.-TELEPHONY SERVICE OPERATORS MUST ESTABLISH THE POLICIES AND PROCEDURES NECESSARY TO PROCESS REQUESTS FOR CALL IDENTIFICATION INFORMATION AND ACCESS TO SAFEGUARD INFORMATION, TO PREVENT SUCH INFORMATION FROM BEING OBTAINED WITHOUT THE CORRESPONDING AUTHORIZATION AND KEEP THE STUB INFORMATION SECURE. (5)
COMPLIANCE WITH CONSTITUTIONAL PROVISIONS
Art. 42-H.-THE PREVIOUS LEGAL PROVISIONS DO NOT UNDER ANY CIRCUMSTANCES EMPOWER THE AUTHORITIES TO INTERFERE OR INTERVENE IN THE TELEPHONE COMMUNICATIONS, IN THE SENSE THAT ART. 24 OF THE CONSTITUTION OF THE REPUBLIC HAS. (5)
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TITLE VI PROCEDURES BEFORE SIGET
CHAPTER I GENERAL PROVISIONS
FIRST PROCEDURAL PRINCIPLES
ECONOMICS PRINCIPLE
Art. 43.-In any performance of the SIGET, it will be ensured that both are and the individuals will incur the least amount of discharges and will avoid the requirement or realization of unnecessary formalities.
PRINCIPLE OF CONCENTRATION
Art. 44.-Once the procedure has been initiated, all the procedures that, by their nature, admit a simultaneous impulse and are not among themselves subordinate in their fulfillment, will be agreed in the same resolution.
PRINCIPLE OF IMPULSE OFFICIAL
Art. 45.-Initiate the procedure at the request of a private individual, this will be directed and promoted by the SIGET.
PRINCIPLE OF EFFECTIVENESS
Art. 46.-It must be ensured that both the procedural and the proceedings themselves achieve their purpose, to which effect the relevant measures will be put in place to remove the purely formal obstacles, and the vices of the procedure will be remedied. can be healed during the same.
PRINCIPLE OF INTERPRETATION IN FAVOR OF THE PARTICULAR
Art. 47.-The procedural provisions shall be interpreted in such a way as to facilitate the admission of applications and to enable final resolution on the merits of the case.
PUBLIC INFORMATION
Art. 48.-The SIGET shall inform the public about its purposes, competence, operation, services it provides and the location of its various units or dependencies and working hours.
WRITTEN form
Art. 49.-Both the requests of individuals and the resolutions of the SIGET must be written in writing.
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OBLIGATION TO EXTEND CERTIFICATIONS
Art. 50.-The SIGET is obliged to extend the constances or certifications that the individuals request, in respect of the acts that affect them, prior payment of the corresponding rights.
DEADLINES: COMPUTATION AND EARLY COMPLIANCE
Art. 51.-Acts shall be carried out within the time limits laid down and shall be counted on working days, where those periods and unextendable, except for just cause, except for the time limits laid down in the system of penalties, which shall be read as calendar days.
The deadline will be terminated if all the acts for which it was scheduled are met before its expiration.
SECOND ACTS of INDIVIDUALS
COMMON REQUIREMENTS FOR APPLICATIONS
Art. 52.-Any request addressed to the SIGET shall contain:
a) Name and general of the applicant and, if applicable, also those of whom he/she manages;
b) Reasons to motivate the application and the precise relationship of the facts when it is
c) The offering and determination of the means of proof that are intended to be enforced, where appropriate;
d) The request in precise terms. When multiple requests are made, these will be formulated with due separation;
e) The designation of the place to receive notifications;
f) The place and date of the request;
g) Signature of the applicant or its representative; and,
h) Other requirements required by the Act.
In cases of complaint and conflict resolution, along with any document or document, as many copies as interested must be submitted, plus one.
PERSON ' S CHECK AND COMMON REPRESENTATION
Art. 53.-The powers to appear on behalf of another to the SIGET may be granted either by public deed or by authenticated private document.
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In the proxy's first intervention, the proxy must accompany the document that checks its personeria.
When in a procedure before the SIGGET multiple proxies representing the same interest are involved, they must designate a common representative.
PERITES
Art. 54.-The experts may be natural or legal persons and the regulation shall determine the form of their accreditation and the administration of the list of experts by the SIGET. In all cases, experts are required to make confidential use of the information provided to them for cases where there is containment between parties, as well as the reports they generate.
In the case of conflicts by interference in the use of spectrum, the applicant may accompany his complaint of an expert report, issued by a duly accredited expert to the SIGET, or request the performance of the relevant study.
MONITORING AND RADIO SPECTRUM CONTROL (17)
Art. 54-A.-THE SIGET SHALL APPLY THE TECHNICAL AND LEGAL MECHANISMS AND PROCEDURES IN FORCE TO CARRY OUT THE VERIFICATION OF THE TECHNICAL QUALITY OF RADIO EMISSIONS AND SHALL HAVE THE APPROPRIATE ACTION, IN ORDER TO ENSURE THE OPERATION OF RADIO SERVICES AND EFFICIENT USE OF SPECTRUM, INCLUDING: DETECTION AND CESSATION OF UNAUTHORISED EMISSIONS, IDENTIFICATION AND CORRECTION OF HARMFUL INTERFERENCE TO RADIO SERVICES INCLUDING BROADCASTING, VERIFICATION OF THE USE OF FREQUENCIES ACCORDING TO THE CONDITIONS DEFINED IN THE CORRESPONDING CONCESSION CONTRACT. (17)
ADMINISTRATIVE ENTITY THIRD ACTS
DOCUMENT PRESENTATION RECORD AND RECORD
Art. 55.-The SIGET shall bear a record in which the date and time of submission of applications, documents and documents, as well as of the communications referring to other entities, shall be recorded.
Any document or document that is presented in the case of the SIGET, it shall be recorded on the basis of its receipt, as well as the place, day and time of the reception. You can also extend the constancy in the copies of the submitted documents.
ORDER FOR THE HANDLING OF FILES
Art. 56.-In the case of procedures of the same nature, the order of presentation for the processing of the respective files shall be kept strictly, except in cases of urgency duly motivated.
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DEADLINE FOR THE PROCEEDINGS OF MERE PROCESSING
Art. 57.-Unless the Law establishes a special deadline, the SIGET must issue the resolutions of mere processing within ten days.
INFORMATION TO THE INDIVIDUALS
Art. 58.-When, during the procedure or in the execution of a decision of the SIGET, it corresponds to a particular compliance with a requirement, procedure or obligation, in the respective resolution you will be made to know, informing you precisely of the requirement, processing or obligation to comply, the time available and the consequences of its failure.
MOTIVATION OF RESOLUTIONS
Art. 59.-Except for processing, any resolution of the SIGET shall be motivated, with a brief but sufficient indication of its justification, and in particular in the following cases:
a) Final refusal of an application;
b) penalties;
c) Revocation of the concessions;
d) Solution of conflicts; and,
e) Separation of the criterion followed in previous similar actions, or of the technical report.
DEADLINE AND FORM OF NOTIFICATION
Art. 60.-Any resolution shall be notified within three days of its delivery.
The notification shall be made by the delivery to the person concerned or his representative of a corner containing the full text of the decision. Such delivery shall be made personally or in the place indicated for the purpose by the person concerned.
The SIGET may accept the proposal of special forms of notification by the applicant, including any electronic means, provided that it permits be aware of the notification.
DEADLINE AND FORM OF PUBLICATION
Art. 61.-In the cases that the Law or the regulation provides for the publication of the resolution of the SIGET, it must be carried out within six days after its delivery, at the expense of the interested parties.
The SIGET will make the recovery of the costs arising from the publications, within six days of the delivery of the final decision of the SIGET.
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The publication shall contain the text of the resolution, and shall be made at least in the Journal Official and in two of the newspapers of major national circulation, on two occasions with interval of one day between them.
In any case, the application for concession for the exploitation of the radio spectrum and the resolution that admits it, the notice of public auction and the award of the concession for the exploitation of the spectrum, in addition to To adhere to the provisions of the above, they must be published in an international financial journal.
EFFECTS OF THE RESOLUTIONS OF THE SIGET
Art. 62. Any resolution of the SIGET shall produce its effects since it is communicated to the data subject, except if rights are granted or recognized therein, in which case it shall produce them from the time of delivery.
Exceptionally, the effects of the resolution may be subject to efficacy requirements, expressly set forth in the same resolution in accordance with the Law, directly imposed by the law, or derived from the nature of the decision itself.
EXECUTION FROM THE SIGET Resolutions
Art. 63.-Where, in a resolution of the SIGET, economic obligations are imposed on a particular person, the latter shall proceed to its compliance within ten days.
If the individual does not comply with the resolution within the time limit specified in the The SIGET shall initiate the respective executive judgment in accordance with the common rules. For this purpose, the certification of the resolution issued by the Superintendent shall serve as an executive title.
When a particular conduct or conduct is available to a particular person, a particular conduct shall be stipulated in a resolution. a reasonable period of time for compliance, which shall in no case exceed 10 days. If the obligor refuses to comply with the resolution, the SIGET may arrange the imposition of fines according to this Law, in addition to informing the Office of the Prosecutor General of the Republic for the promotion of the respective criminal proceedings.
KNOWLEDGE AND ABSTENTION
Art. 64.-The Superintendent may be challenged by reasoned writing, in any state of the proceedings established in this Law and its regulations, where there is a serious and reasonable motive that does not guarantee its impartiality.
manner, where such official considers that they are in respect of any such reason, shall do so for the knowledge of the persons concerned.
From the date on which the recusal is filed or is expressed by the Superintendent who is shall not be known, the official may not intervene in the decision of the incident or in the procedure in question, but previously performed acts will be valid.
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The knowledge and decision on the origin of the recusal or abstention correspond to the President of the Republic.
If any of the two circumstances arise, the knowledge and decision of the matter shall correspond to the Minister of Economy.
CHAPTER II PROCEDURES COMMON TO ALL PROCEDURES
INITIATION
Art. 65.-The procedure may be initiated on its own initiative or at the request of a private person.
The initiation of trade may be produced when this is essential for the fulfilment of the privileges of the SIGET.
For initiation at the instance of a particular, this particular must have an interest in the resolution to be dictated.
REASON
Art. 66.-If the application or any written request of the persons concerned does not comply with the legal requirements, the SIGET will prevent it from being observed.
In the formulation of the prevention, it will be indicated to the interested party that, comply with the requirements that are required, the application is declared inadmissible.
INADMISSIBILITY
Art. 67.-If the person concerned does not comply with the prevention procedure laid down by the SIGET, the application or the document shall be declared inadmissible on the following day, with the exception of his right to submit a new application if it is appropriate.
PROVENANCE
Art. 68.-In the ten days following the filing of an application, the SIGET shall declare the request inadmissible in the following cases:
a) When requested is not the attribution of the SIGET;
b) When a right is requested which in accordance with the SIGET records has already been granted to another person;
c) When the minimum period of forty days in the case of negotiation has not been met to obtain access to essential resources, except for agreement between the parties for reduce it;
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d) When the request relates to an already prescribed violation; and
e) When the request refers to a conflict between two parties for access to an essential resource to which the SIGET granted, for such parties, a resolution in the last twelve months.
For these cases it shall not operate as set out in Article 75 of this Law.
TECHNICAL report
Art. 69.-When to resolve it is necessary to have a technical report of the Telecom Manager, this will be required in the same resolution of admission of the application.
Required the report, it must be rendered in the deadline to stipulate the Superintendence, which in no case can exceed twenty days.
HEARING GUARANTEE
Art. 70.-In the case of complaint or dispute settlement, or where the nature of the procedure so requires, the alleged infringer or any of the conflicting operators, as the case may be, shall be granted a hearing within ten days.
PROBATIVE TERM EXEMPTION
Art. 71. Except in the cases that the Law expressly orders the conduct of an expert report, if with the application, written documents and documents presented the SIGET with sufficient elements of judgment, it will resolve the matter without further processing.
TEST: PROVENANCE, PRACTICE, AND VALUATION
Art. 72.-When the nature of the procedure so requires, the opening shall be agreed to tests for a period of not less than 10 days and not more than 15 days, in order to practice those which are conducive and relevant.
The facts may be accredited by any means of testing.
It must be communicated to the data subjects, at least two days in advance, the date on which the evidence will be conducted.
The interested parties must bear the costs incurred in the practice of due diligence. probatoria made to your instance.
When this Law sets specific criteria for the assessment of the test, the SIGET must be strictly subject to the test; in other cases, the test will be assessed according to the rules of the healthy critique.
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AUDIENCE COMMON TO STAKEHOLDERS
Art. 73.-In cases where the receipt of evidence has been obtained, instructed that the dossiers be the case, a common period of five days shall be granted to the persons concerned to argue and submit the relevant documents.
RESOLUTION
Art. 74.-The SIGET may not refrain from resolving by arguing void or obscurity of the Law or in the matter of which it knows.
In cases of application that do not involve conflict of interests between individuals, that must be resolved within the ten days after the filing; or, in cases where a technical report has been required, with or without it, within 10 days of the expiration of the time limit for surrender.
The common deadline for the hearing has been concluded. interested, if applicable, the SIGET will resolve within ten days.
ADMINISTRATIVE SILENCE
Art. 75. Unless this Law determines otherwise, if the SIGET does not resolve what is requested within the time limits specified in this Law, it shall then be understood, resolved in favor of the applicant, with the same authority as the exercise of its right.
When the decisions of the SIGET fall on matters where there is a restraint of parties, the administrative silence shall be understood to be in favour of that party by means of whose application the procedure he gave has been initiated. place to contention.
In the modification request cases to the numbering and assignment plan Selection keys to the multi-carrier system, will operate the administrative silence in a negative sense.
In no case will the administrative silence be understood to be rights contrary to the provisions of the legal order.
CHAPTER III PROCEDURES FOR THE GRANTING OF ENABLING TITLES FOR THE
EXPLOITATION OF THE RADIO SPECTRUM (17)
SECTION I (17)
OPENING (17)
Art. 76.-THE PROCEDURES FOR THE GRANTING OF RADIO SPECTRUM CONCESSIONS MAY BE INITIATED ON THEIR OWN INITIATIVE OR AT THE REQUEST OF A PARTICULAR PERSON.
a) OF THE OFFICIO PROCEDURE
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AUTOMATICALLY UNDERSTOOD WHEN THE PROVISIONS AND CONDITIONS OF THE CNAF AND THE REGISTRY IDENTIFY A PORTION OF AVAILABLE SPECTRUM AND THE SIGET ESTABLISH THAT SUCH PORTION HAS THE MARKET CONDITIONS AND ECONOMIES OF SCALE SUITABLE FOR ITS GRANTING AND EXPLOITATION.
A PUBLIC CONSULTATION WILL BE HELD LATER FOR TEN DAYS, WITH THE AIM OF DETERMINING IF THERE ARE ANY INTERESTED PARTIES TO CONTINUE THE PROCESS.
b) OF THE PROCEDURE AT THE REQUEST OF A PARTICULAR
THE INTERESTED PARTY MUST SUBMIT A REQUEST TO THE SIGET, IN WHICH IT MUST CLEARLY SPECIFY THE PORTION OF THE REQUIRED SPECTRUM, THE TECHNICAL CONDITIONS AND CHARACTERISTICS OF THE RADIO SERVICE INTENDED TO BE OPERATED; IN SUCH A WAY THAT THE SIGET DETERMINES THAT THERE IS NO HARMFUL INTERFERENCE WITH THE APPROVED STATIONS.
THIS REQUEST WILL PROCEED WHEN THE RULES AND CONDITIONS SET OUT IN THE CNAF INDICATE THAT THE REQUESTED SPECTRUM PORTION IS AVAILABLE FOR GRANTING. (17)
CAUSES OF IMPROVENANCE TO THE REQUEST OF A PARTICULAR (17)
Art. 77.-CAUSES OF THE APPLICATION TO OBTAIN A CONCESSION:
(a) WHEN THE PORTION OF THE SPECTRUM OR THE RADIO SERVICE REQUESTED IN CONCESSION DOES NOT COMPLY WITH THE PROVISIONS OF THE CURRENT REGULATIONS, IN PARTICULAR THE CONTENT IN THE CNAF;
b) WHEN THE PORTION OF THE SPECTRUM REQUESTED IN CONCESSION, PRESENT ELECTROMAGNETIC INCOMPATIBILITY WITH OTHER RADIO STATIONS ALREADY ALLOCATED;
c) WHEN THE INTERESTED PARTY REQUESTS FREQUENCIES THAT DO NOT REQUIRE GRANT UNDER THIS LAW; AND,
(d) WHEN THE APPLICANT HAS OUTSTANDING THE COMPLIANCE WITH ANY SANCTION IMPOSED IN ACCORDANCE WITH THIS LAW AND IS IN A STATE OF FIRMNESS. (17)
TECHNICAL REPORT (17)
Art. 77-A.-THE SUPERINTENDENT IN ORDER TO ENERGIZE THE TELECOMMUNICATIONS, INFORMATION AND COMMUNICATION TECHNOLOGIES (ICT) SECTOR AND EFFICIENTLY MANAGE THE RADIO SPECTRUM, WILL ASK THE TELECOM MANAGEMENT TO REPORT ON TECHNICAL FEASIBILITY, TIMING, CONVENIENT MARKET CONDITIONS FOR GRANT AND EXPLOITATION
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OF A PORTION OF THE RADIO SPECTRUM ACCORDING TO THE USE. IN THE CASE OF COMMERCIAL REGULATED USE, THIS REPORT WILL DEFINE THE FREQUENCY ALLOCATION MODE. MULTIDISCIPLINARY STUDIES WITH THE COMPETENT AUTHORITIES SHALL BE CARRIED OUT FOR THE PREPARATION OF THE REPORT WITHIN A MAXIMUM OF 60 DAYS.
THIS REPORT MAY ADDITIONALLY RECOMMEND A FRAGMENTATION OF THE PORTION OF THE REQUESTED SPECTRUM, BOTH IN ITS BANDWIDTH AND IN TIME AND GEOGRAPHICAL SPACE, IF COMPETITION AND EFFICIENT USE OF THE SPECTRUM ARE ENCOURAGED. (17)
MODES FOR THE AWARD OF FREQUENCY CONCESSIONS (17)
Art. 78.-THE SIGET WITHIN THE PROCESS FOR THE AWARD OF RADIO SPECTRUM EXPLOITATION CONCESSIONS SHALL APPLY SOME OF THE FOLLOWING MODALITIES:
(a) DIRECT ALLOCATION: THIS MODE SHALL APPLY FOR ALL THAT SPECTRUM OF USE REGULATED THAT IS OF A NON-EXCLUSIVE NATURE AND THAT THE CORRESPONDING TECHNICAL STUDY DETERMINES THAT IT CAN OPERATE WITHOUT CAUSING HARMFUL INTERFERENCE TO OTHER RADIO STATIONS AND SERVICES;
b) PUBLIC AUCTION: THIS MODE MAY BE APPLY FOR ANY SPECTRUM OF REGULATED USE OF AN EXCLUSIVE NATURE, WITH THE EXCEPTION OF COMMUNITY REGULATED; AND,
c) COMPETITION: THIS MODALITY MAY APPLY FOR ANY SPECTRUM OF REGULATED USE OF AN EXCLUSIVE NATURE. (17)
START OF THE SELECTION PROCESS (17)
Art. 79.-THE FINAL REPORT BY THE MANAGEMENT OF TELECOMMUNICATIONS TO THE SUPERINTENDENT SHALL BE COMPLETED AND DELIVERED WITHIN A MAXIMUM PERIOD OF TEN DAYS ON THE BEGINNING OF THE PROCEDURE FOR THE AWARD OF THE CONCESSION OF EXPLOITATION OF THE SPECTRUM RADIO AND THE SAME. (17)
REFERENCE TERMS (17)
Art. 80. AS PART OF THE PROCEDURE, THE TELECOMMUNICATIONS MANAGEMENT SHALL DRAW UP THE TERMS OF REFERENCE OF THE CONCESSION WITHIN A PERIOD OF UP TO 60 DAYS. YOU MUST INCLUDE THE FOLLOWING:
1) NATURE OF THE INVITATION: CONSISTS OF THE DESCRIPTION OF THE TELECOMMUNICATIONS SERVICE TO BE PROVIDED, INCLUDING THE PUBLIC AND ESSENTIAL, ESTABLISHING THE NECESSARY REQUIREMENTS TO BECOME DEALER OF THE SAME, AS WELL AS THE REQUIREMENTS, SKILLS, ECONOMIC, TECHNICAL OR PROFESSIONAL QUALITIES THAT LEAD TO A BETTER
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COMPLIANCE WITH PUBLIC INTERESTS TO WHICH THE DEMANIAL GOOD SHOULD SERVE;
2) LAS FREQUENCY BANDS TO BE GRANTED, AWARD MODE, QUALITY OF RADIO SERVICE SUBJECT TO CONCESSION, TRANSMISSION SCHEDULES AND COVERAGE AREA;
3) DATE, TIME AND PLACE OF SUBMISSION OF BIDS;
4) NOTICE FOR WITHDRAWAL OF REFERENCE TERMS;
5) REQUIREMENTS TO BE MET BY STAKEHOLDERS AND SUPPORTING DOCUMENTS;
6) OBLIGATIONS RELATED TO THE EFFICIENT USE OF THE FREQUENCIES TO BE LICENSED;
7) SPECIAL CONDITIONS INCLUDING THOSE RELATED TO UNIVERSAL ACCESS AND SOCIAL INCLUSION, IF APPLICABLE;
8) DEADLINES FOR CONSULTATIONS AND CLARIFICATIONS OF THE TERMS OF REFERENCE;
9) TECHNICAL, FINANCIAL AND LEGAL REQUIREMENTS FOR THE PARTICIPATION;
10) METHODOLOGY TO BE USED FOR THE ASSESSMENT AND QUALIFICATION OF BIDS;
11) THE CONDITIONS, TERM AND FORM OF PAYMENT OF THE CONCESSION WHERE APPROPRIATE;
12) THE GUARANTEES TO BE SURRENDERED; AND,
13) CONCESSION CONTRACT TO BE SIGNED WITH THE CONCESSIONAIRE. (17)
APPROVING AND PUBLISHING THE TERMS OF REFERENCE (17)
Art. 81.-THE SUPERINTENDENT BY RESOLUTION SHALL APPROVE WITHIN A MAXIMUM OF THIRTY DAYS, THE TERMS OF REFERENCE TO BE MADE AVAILABLE ON THE SIGET WEBSITE AND THE PUBLICATION OF THE NOTICE OF CALL SHALL BE ORDERED IN AT LEAST TWO NEWSPAPERS NATIONAL, AN INTERNATIONAL FINANCIAL AND ON THE SIGET WEBSITE INVITING YOU TO DOWNLOAD THE TERMS OF REFERENCE. (17)
REMARKS (17)
Art. 82. INTERESTED PARTIES WHO HAVE COMPLIED WITH THE REQUIREMENTS LAID DOWN IN THE TERMS OF REFERENCE MAY SUBMIT OBSERVATIONS WITHIN THE TIME LIMIT SET OUT IN THOSE TERMS, WHICH SHALL NOT EXCEED 30 DAYS. (17)
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AMENDMENTS (17)
Art. 83.-FROM THE COMMENTS RECEIVED, THE SIGNET MAY ISSUE RESOLUTION WITH ADDENDUM OR AMENDMENT TO THE TERMS OF REFERENCE WITHIN A MAXIMUM PERIOD OF 20 DAYS.
AMENDMENTS OR AMENDMENTS SHALL FORM AN INTEGRAL PART OF THE TERMS OF REFERENCE. (1) (17)
RECEIPT AND OPENING OF OFFERS (17)
Art. 84.-THE RECEIPT AND OPENING OF TENDERS SHALL BE MADE ON THE DATE INDICATED IN THE RELEVANT TERMS OF REFERENCE, AMENDMENTS OR AMENDMENTS. THE DEVELOPMENT OF THE RECEPTION AND OPENING OF BIDS SHALL BE SUPERVISED BY A FIRM OF EXTERNAL AUDITORS AND SHALL HAVE THE PRESENCE OF A REPRESENTATIVE OF THE ATTORNEY GENERAL OF THE REPUBLIC. (17)
EVALUATION OF OFFERINGS (17)
Art. 85.-THE ASSESSMENT SHALL BE CARRIED OUT WITHIN A MAXIMUM OF 30 DAYS IN ORDER TO DETERMINE THE TENDERS WHICH COMPLY WITH THE REQUIREMENTS. THE MANAGEMENT OF TELECOMMUNICATIONS SHALL REPORT TO THE SUPERINTENDENT WITH THE RESULTS OF THAT EVALUATION, FOR THE ISSUE OF THE CORRESPONDING RESOLUTION. (2) (17)
ADMINISTRATIVE AWARD (17)
Art. 85-A.-THE DEALER WILL BE SELECTED AMONG THE SUBMITTED BIDS THAT MET THE REQUIREMENTS, FOLLOWING THE SELECTION PROCEDURE AND THE AWARD MODALITY ESTABLISHED IN THE TERMS OF REFERENCE. (17)
GRANT PAYMENT (17)
Art. 85-B.-IN THE CASE IN WHICH AN ECONOMIC OFFER WAS REQUIRED, THE CORRESPONDING PAYMENTS SHALL BE MADE WITHIN THE TIME LIMITS LAID DOWN IN THE CONTRACT AND SHALL BE BY MEANS OF A CERTIFIED CHECK OR BOX, ELECTRONIC PAYMENT OR BANK TRANSFER. THE EFFECTS OF THE AWARD SHALL BE CONDITIONAL UPON PAYMENT OF THE ECONOMIC TENDER. WHERE THE SUCCESSFUL TENDERER DOES NOT MAKE THE PAYMENT WITHIN THE STIPULATED TIME LIMIT, THE LATTER SHALL FORFEIT THE RESPECTIVE GUARANTEE, BY ENTERING THESE FUNDS INTO THE SIGNET ' S ESTATE AND DECLARING THE PROCESS TO BE DESERTED.
PAYMENT, THE CONCESSION SHALL ENTER INTO FORCE ON THE DAY OF THE SIGNATURE OF THE CONCESSION CONTRACT; WHICH SHALL BE ENTERED IN THE REGISTER.
THE SIGET WILL RETAIN FIFTY PERCENT OF THE FINAL AMOUNT RESULTING FROM THE AUCTION, WHICH WILL ENTER ITS PATRIMONY, TRANSFERRING THE REST TO THE SPECIAL FUND OF THE RESOURCES COMING FROM THE PRIVATIZATION OF THE NATIONAL ADMINISTRATION OF TELECOMMUNICATIONS. (17)
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CONCESSION CONTRACT (17)
Art. 85-C.-THE SUPERINTENDENT SHALL SIGN WITH THE SUCCESSFUL TENDERER THE RESPECTIVE CONCESSION CONTRACT, WHICH SHALL SPECIFY THE CONDITIONS AND OBLIGATIONS THAT THE CONCESSIONAIRE SHALL COMPLY WITH IN ACCORDANCE WITH THIS LAW, ITS REGULATION AND THE TERMS OF REFERENCE, AMENDMENTS AND AMENDMENTS, WHICH WILL ALSO FORM PART OF THE CONCESSION CONTRACT.
THE CONCESSION CONTRACT MUST CONTAIN THE FOLLOWING OBLIGATIONS:
a) NAMES AND GENERALS OF THE PARTIES;
b) PERIOD OF VALIDITY OF THE RIGHT OF EXPLOITATION;
c) FULL DESCRIPTION OF THE SERVICE TO BE PROVIDED ACCORDING TO THE PROVISIONS OF THE CNAF;
d) THE TECHNICAL CONDITIONS GRANTED: CENTRAL FREQUENCY, BANDWIDTH, AREA OF GEOGRAPHIC COVERAGE AND OTHERS THAT THE SIGET CONSIDERS APPROPRIATE TO INCLUDE;
e) THE TERMS AND CONDITIONS FOR RENEWAL, YES APLICA;
f) CRITERIA FOR FIXING AND ADJUSTING THE RATES, IF APPLICABLE;
g) THE PLAN MINIMUM EXPANSION AND QUALITY OF SERVICE PARAMETERS, IF APPLICABLE;
h) PARTIES ' RIGHTS AND OBLIGATIONS;
i) PENALTIES FOR FAILURE TO COMPLY WITH THE CONCESSION CONTRACT;
j) THE AMOUNTS OF THE RIGHTS TO BE PAID DERIVATIVES OF THE CONCESSION AND ITS FORM OF PAYMENT, IF APPLICABLE;
k) THE GUARANTEE OF TRUE COMPLIANCE AND THE CRITERIA AND PROCEDURES FOR ITS ADJUSTMENT AND RENEWAL, IF APPLICABLE;
L) THE LIMITATIONS AND CONDITIONS FOR THE TRANSFER OF THE GRANT, IF APPLICABLE;
m) THE WAY OF TERMINATION OF THE CONTRACT, ITS CAUSES AND CONSEQUENCES;
n) OBLIGATIONS RELATED TO THE EFFICIENT USE OF FREQUENCIES TO BE LICENSED;
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o) SPECIAL CONDITIONS, INCLUDING THOSE RELATED TO UNIVERSAL ACCESS AND SOCIAL INCLUSION, IF YOU APPLY;
p) CONDITIONS AND OBLIGATIONS TO ENSURE CONTINUITY OF SERVICES AND CAUSES OF FORCE MAJEURE AND FORTUITOUS CASE; AND,
q) ANY OTHER THAT THE SIGET HAS PREVIOUSLY ESTABLISHED IN THE TERMS OF REFERENCE, IF APPLICABLE. (17)
SECTION II (17)
PROCEDURES FOR THE GRANTING OF ENABLING TITLES FOR NON-EXCLUSIVE NATURE RADIO SPECTRUM EXPLOITATION (17)
REQUEST (17)
Art. 85-D.-THE PERSON CONCERNED MUST SUBMIT A REQUEST TO THE SIGET, IN WHICH HE MUST CLEARLY SPECIFY THE PORTION OF THE SPECTRUM REQUIRED, THE TECHNICAL CONDITIONS AND CHARACTERISTICS OF THE RADIO SERVICE HE INTENDS TO OPERATE; SIGET DETERMINES THAT THERE IS NO HARMFUL INTERFERENCE WITH THE AUTHORIZED STATIONS.
THIS REQUEST WILL PROCEED WHEN THE RULES AND CONDITIONS SET OUT IN THE CNAF INDICATE THAT THE REQUESTED SPECTRUM PORTION IS AVAILABLE FOR GRANTING. (17)
CAUSES OF IMPROVENANCE TO THE REQUEST OF A PARTICULAR (17)
Art. 85-E.-THEY ARE CAUSAL OF THE APPLICATION TO OBTAIN AN ENABLING TITLE:
a) WHEN THE PORTION OF THE SPECTRUM OR THE RADIO SERVICE, REQUESTED DOES NOT COMPLY WITH THE PROVISIONS OF THE CURRENT REGULATIONS, IN PARTICULAR THE CONTENT IN THE CNAF;
b) WHEN THE PORTION OF THE SPECTRUM REQUESTED IS ELECTROMAGNETIC INCOMPATIBILITY WITH OTHER RADIO STATIONS ALREADY ASSIGNED; AND,
(c) WHEN THE APPLICANT HAS PENDING COMPLIANCE WITH ANY SANCTION IMPOSED IN ACCORDANCE WITH THIS LAW AND IS IN A STATE OF FIRMNESS. (17)
ADMISSION OF THE REQUEST (17)
Art. 85-F.-NO ORIGIN OF ORIGIN IS NOT PRESENT AND THE APPLICATION COMPLIES WITH ALL THE REQUIREMENTS OF THE APPLICATION. (17)
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TECHNICAL REPORT (17)
Art. 85-G.-THE SUPERINTENDENT WILL ASK THE TELECOMMUNICATIONS MANAGEMENT TO MAKE A REPORT ON THE TECHNICAL FEASIBILITY OF THE REQUEST, WHICH MUST BE RENDERED WITHIN A MAXIMUM OF 20 DAYS.
THAT REPORT MAY ADDITIONALLY RECOMMEND A FRAGMENTATION OF THE PORTION OF THE REQUESTED SPECTRUM, BOTH IN ITS BANDWIDTH AND IN TIME AND GEOGRAPHIC SPACE. (17)
GRANTING AND AUTHORIZATION (17)
Art. 85-H.-IF THE TECHNICAL REPORT IS FAVORABLE THE SUPERINTENDENT WILL ISSUE RESOLUTION GRANTING THE REQUESTED, THE CONCESSION WILL TAKE EFFECT ONCE THE PAYMENT HAS BEEN MADE AND IN CASE OF THE AUTHORIZATIONS WILL COME INTO FORCE AT THE DATE OF ISSUE OF THE RESOLUTION. (17)
GRANT PAYMENT (17)
Art. 85-I.-THE AMOUNT TO BE PAID FOR THE CONCESSION SHALL BE CALCULATED ON THE BASIS OF THE RULES OF THIS LAW.
THE PAYMENT MUST BE MADE BY MEANS OF A CERTIFIED CHECK OR CASH CHECK, ELECTRONIC PAYMENT OR BANK TRANSFER, ENTERING THESE FUNDS INTO THE SIGET ' S ESTATE.
THIS ARTICLE DOES NOT APPLY TO DEALERS WHO REQUEST TO INITIATE THE EXTENSION PROCEDURE ESTABLISHED IN ART. 129-A OF THIS DECREE. (17)
Art. 85-J.-THE PROCEDURE ESTABLISHED IN THIS CHAPTER WILL HAVE LEGAL EFFECTS FROM THE TIME OF THE PRESENT REFORM, FOR NEW CONCESSIONS OF THE RADIO SPECTRUM. (17)
GRANT PAYMENT (17)
Art. 85-K.-THE EFFECTS OF THE AWARD SHALL BE CONDITIONAL UPON PAYMENT BY THE CONCESSION, WHICH SHALL BE EFFECTED WITHIN FIVE DAYS.
THE PAYMENT WILL BE BY MEANS OF CERTIFIED CHECK OR BOX, ELECTRONIC PAYMENT OR BANK TRANSFER.
WHEN THE SUCCESSFUL TENDERER DOES NOT MAKE THE PAYMENT WITHIN THE STIPULATED PERIOD, HE WILL LOSE THE GUARANTEE PRESENTED AS A CONDITION OF PARTICIPATION IN THE AUCTION, BY ENTERING THESE FUNDS INTO THE SIGET ' S ESTATE. THE SIGET WILL REVOKE THE AWARD WITHOUT FURTHER PROCESSING.
THE SIGET WILL RETAIN FIFTY PERCENT OF THE FINAL AMOUNT RESULTING FROM THE AUCTION, WHICH WILL ENTER ITS ASSETS, TRANSFERRING THE REMAINDER TO THE SPECIAL FUND
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THE RESOURCES COMING FROM THE PRIVATIZATION OF THE NATIONAL TELECOMMUNICATIONS ADMINISTRATION. (17)
CHAPTER IV CONFLICT ALTERNATIVE SOLUTION PROCEDURE
FOR ACCESS TO ESSENTIAL RESOURCES
REQUEST
Art. 86.-In the case of negotiation for access to essential resources, the parties may refer to the SIGET, if, within 40 days of the submission of the initial application or the period they have established by common agreement, there is no agreement in all or any of the points. The application for the alternative solution may be presented jointly or separately.
If it is separately, the party that wishes to apply to the SIGET must give notice to the other party at least five days in advance, with acknowledgement of receipt, giving a copy of the application which it will submit to the SIGET and stipulating the date on which it will submit the application to the SIGET.
In the request to the SIGET, the interested party must specify each of the points in discord, presenting a final proposal for each of the points, which will not be able to differ from what is given to the other party as a warning.
AUDIENCE
Art. 87.-In the case of acceptance of the application, the other party must present its final proposal for each of the points raised in the application on the date stipulated in the notice; and for keeping silence in all or any of the points, it shall be understood which accepts the applicant's proposal, and so will be resolved by the SIGET.
SELECTION AND APPOINTMENT OF THE EXPERT
Art. 88.-After the period referred to in the previous article, the SIGET shall grant to the persons concerned a period of five days for those persons to select by common agreement an expert.
In case the persons concerned do not reach an agreement for the selection of the expert, the SIGET, shall propose a term, within five days of the expiration of that period.
Each of the interested parties shall have the right to delete one of them, the day following the presentation of the term.
Next day, the SIGET, with or without the presentation of the tack or without it, will appoint the expert.
fees and expenses of the expert shall be borne by equal parties, who shall be paid to the SIGET within five days of being appointed. In the event that one of the stakeholders does not cancel its fee, it will be resolved in favor of the other party.
The experts to make their payment effective must submit to the SIGET, a guarantee that guarantees
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the faithful fulfillment of their obligation.
PLADA
Art. 89.-Once the parties have cancelled the SIGET the fees and expenses of the expert, the expert will have thirty days from the next day of the payment, to submit to the SIGET the expert report.
If within the period pointed out, will not yield the required report, will be excluded from the list of experts for this purpose to carry the SIGET and the bond of faithful compliance will be made effective.
CRITERIA FOR RESOLVING CONFLICTS FOR ACCESS TO ESSENTIAL RESOURCES
Art. 90.-The expert in the preparation of the study, and the SIGET in its resolution, shall take into consideration previous resolutions of the SIGET, and use the following criteria:
For economic aspects:
a) All fixed costs directly attributable to access to the essential resource shall be borne by the party requesting such access. They will be costs directly attributable to access, only those in which efficient companies must incur, with costs and equipment efficiently adapted to the market in which they operate;
The charge for access to the essential resource, will be the cost long-term average incremental to provide access to such resources from an efficient enterprise; and,
b) When referring to interconnection contracts between two companies, they will be understood as directly attributable costs, those costs that a The Commission has been able to do so by the use of the networks. To calculate the costs incurred to the other operator, the procedure established in this Law will be used.
For the purposes of the foregoing paragraph, it will be understood as the company that causes the costs, the one that the user chooses for the
For technical aspects:
a) Standards recommended by the ITU and other international telecommunications organizations;
b) Standards accepted by industry regulatory bodies telecommunications of countries with which El Salvador has the greatest commercial exchange;
c) Standards used by the regional professional associations in the field of telecommunications; and,
d) Standards accepted by the telecommunications sector in the country. To do this, operators must coordinate their respective Fundamental Technical Plans and register them with
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SIGET.
Also, the SIGET may issue instructions containing the minimum technical parameters to which the expert studies should be based.
SOLUTION CRITERIA IN CASE OF INTERCONNECTION CONFLICTS
Art. 91.-In the case of interconnectedness conflicts, the perital studies must base their cost analysis on the concept of the Long Term Average Incremental Cost, CIP-LP, which must be calculated for each element considered in the network.
For each item considered in the network the base level of the demand or volume for that item, base volume, is estimated, taking into consideration the temporal and geographic distribution of demand and service.
The incremental cost long-term average, CIP-LP, is the average cost of providing the base volume of the element In an incremental way, what is equivalent to dividing the Total Long Term Incremental Cost, CTI-LP, between the base volume units.
The long-term incremental total cost, CTI-LP, is the cost of the network that includes the provision of the base volume of the item considered, minus the cost of the network without the provision of that base volume of the same item considered, for an efficient company.
In all cases, the cost of a company's network efficiently adapted to the market in which it operates will be calculated using:
a) The most economical and efficient available;
b) A number of employees for an efficient company;
c) The cost of equipment and personnel costs at the market level;
d) The cost of money that reflects the real cost of financing a business telecommunications, including the cost of social capital and the cost of average debt, adjusted for inflation.
To calculate the cost of capital, the average capital cost of telecommunications companies with capital will be used. of up to one trillion US dollars, registered in all stock exchanges of the The United States of America.
The cost of capital of each company will be calculated based on the rate of yield on the 30-year Treasury bond of the United States of America, increased with the product of the systematic risk of the company and the market risk award. This market risk award corresponds to the difference between the profitability of a diversified portfolio of investments recorded in the equity exchanges in reference and the rate of return on the 30-year Treasury bonds. United States of America.
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The systematic risk of each company will be calculated as the covariance of the company's return with the return of a diversified portfolio, divided by the variance of the return of a diversified portfolio of investments.
At that cost of average capital you will be added the difference in the government's longer term bond yield. of El Salvador, denominated in U.S. dollars, with the same-term bonds of the Government of the United States of America.
The average borrowing cost will be calculated based on the average return on the bonds of the telecommunications companies registered on the stock exchanges in the United States of America.
For the purpose of this article, it will be understood by telecommunications company, all of which company whose sales by telecommunications services exceed eighty percent of its total sales;
e) The cost of all types of taxes on which telecom service operators are required to incur;
f) cost calculation will be used for the economic depreciation of fixed assets;
g) Capitalization of costs whose benefits will be received for more than one year, such as concessions and user acquisition costs; and,
h) network required to grant access will not be considered as costs directly attributable to access.
ASSOCIATED RESOURCE ACCESS CONFLICT SOLUTION CRITERIA
Art. 91-A.-FOR THE LEASE OF CIRCUITS, THE EXPERT SHALL APPLY THE RULES CONTAINED IN ARTICLE 90 OF THIS LAW. FOR THE OTHER ASSOCIATED RESOURCES, THE EXPERT SHALL BASE HIS OPINION ON CRITERIA OF REASONABLENESS AND NON-DISCRIMINATION. (9)
BINDING OPINION OF THE SIGET
Art. 92.-Having delivered the expert report within the period prescribed by this Law, the SIGET shall deliver its opinion within ten days.
In the event that the report is not presented by the expert within the time limit Under this law, the SIGET shall contract within five days of the expiration of the period, the services of a new expert for the purpose of carrying out the expert report within a maximum period of thirty days.
expert opinion, the SIGET shall give its opinion within ten days of its submission.
For each The opinion will be based on the final proposal of the interested party who is closest to the expert report, and cannot take an intermediate decision between the two
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final proposals.
If the second contract expert did not deliver the required report, the SIGET will deliver its opinion in the following terms:
a) In technical aspects, it will be resolved in favour of the party to which access to the essential resource was requested; and,
b) In economic aspects, it will be resolved in favour of the which requested access to the essential resource.
If the deadline has elapsed indicated in this article, the SIGET will not deliver an opinion, will operate positive administrative silence, understanding that that has been dictated in the terms of the previous paragraph.
NATURE OF THE OPINION
Art. 93.-The opinion delivered by the SIGET may be modified by mutual agreement by the interested parties, and the SIGET must be notified within ten days of the agreement being taken.
CHAPTER V MODIFICATION OF THE CLASSIFICATION OF THE USE FROM THE Spectrum (17)
Art. 94.-THE TELECOMMUNICATIONS MANAGEMENT OF THE SIGET, MAY RECOMMEND TO THE SUPERINTENDENT, THE MODIFICATION OF THE CLASSIFICATION OF THE USE OF THE DIFFERENT BANDS OF THE SPECTRUM. IN ORDER TO CARRY OUT THIS MODIFICATION, THE SIGET WILL PUBLISH THE INTENTION OF SUCH MODIFICATION AND AN INCIDENT WILL BE OPENED FOR THE SOLE PURPOSE OF DETERMINING ITS ORIGIN, IN WHICH THE PROCEDURES AND DEADLINES WILL BE INDICATED; ACCORDING TO THE DUE PROCESS PROCESS.
IF THE RECOMMENDATION IS APPROVED, THE SIGET WILL PERFORM THE CORRESPONDING UPDATE ON THE CNAF.
IF, IN THE EXERCISE OF THIS POWER, THE RIGHTS OF EXPLOITATION OF THE RADIO SPECTRUM OF BROADCASTERS ARE AFFECTED, THE SIGET MUST REASSIGN THE NEW FREQUENCIES OF EXCLUSIVE NATURE IN FAVOUR OF THE DEALERS AFFECTED, HAVING TO RESPECT THE RIGHTS OF THESE, ASSIGNED SERVICE, THE BANDWIDTH ORIGINALLY GRANTED AND THE OPERATING RIGHTS DERIVED FROM IT, MAINTAINING THE SAME CONDITIONS IN WHICH THEY WERE GRANTED. (17)
MODIFICATION OF OFFICIAL USE TO REGULATED USE
Art. 95.-REPEALED (17)
MODIFICATION OF REGULATED USE TO FREE USE
Art. 96.-REPEALED (17)
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PUBLICATION
Art. 97.-ANY RESOLUTION WHICH PROVIDES FOR THE MODIFICATION OF THE CLASSIFICATIONS FOR THE USE OF SPECTRUM FREQUENCY BANDS SHALL BE PUBLISHED IN THE FORM SET OUT IN THIS LAW. (17)
REGULARIZATION OF OFFICIAL FREQUENCIES (17)
Art. 97-A.-THE OFFICIAL FREQUENCIES WILL BE REGULATED BY THE SIGET, AND IT WILL VERIFY ITS USE FOR BETTER USE OF THE RADIO SPECTRUM. IF IT IS DETERMINED THAT THESE FREQUENCIES ARE NOT BEING USED FOR A PERIOD OF SIX MONTHS, THE INSTITUTION WHICH HAS ITS OWNERSHIP SHALL BE NOTIFIED. IF THERE IS NO VALID JUSTIFICATION FOR THE NON-USE, THESE FREQUENCIES WILL BE MADE AVAILABLE TO SIGET, WITH ITS AUTHORIZATION BEING REVOKED, FOLLOWING DUE PROCESS.
SUCH FREQUENCIES MAY BE MAINTAINED WITHIN THE SPECTRUM OF OFFICIAL USE, AND MAY BE AUTHORIZED TO ANOTHER STATE INSTITUTION. (17)
CHAPTER VI OTHER
USER CLAIMS SOLUTION.
ART. 98. THE OPERATOR SHALL, WITHIN A MAXIMUM PERIOD OF TEN WORKING DAYS AND AT NO COST, RESOLVE THE CLAIMS MADE BY THE USERS OF THE FIXED AND MOBILE TELEPHONY SERVICES. (13)
THE CAUSES FOR WHICH USERS MAY FILE A CLAIM ARE AS FOLLOWS: (13)
a) BILLING: AMOUNTS SHOWN ON THE RECEIPT OR PROOF OF PAYMENT CLAIMED AND FOR WHICH THE USER DOES NOT KNOW THE CONSUMPTION OF THE SERVICE OR THE TITLE OF WHICH IS DERIVED THE RIGHT OF THE OPERATING COMPANY TO INVOICE THEM. IN THE CASE OF CLAIMS FOR BILLING OF ADDITIONAL OR ADDITIONAL SERVICES, THE BILLING CLAIM WILL INCLUDE THE AMOUNTS FOR THE CLAIMED CONCEPT THAT HAVE BEEN INVOICED, EVEN IN RECEIPTS PRIOR TO THE RECEIPT FOR WHICH IT IS PRESENTED. THE CLAIM; (13)
b) CHARGING THE SERVICE AT NO COST: AMOUNTS CHARGED TO THE USER BY THE PUBLIC FIXED AND MOBILE TELEPHONE SERVICE, WHICH CORRESPOND TO CONCEPTS OTHER THAN THE TIMELY INVOICED, AND IN RESPECT OF WHICH THE USER DOES NOT KNOW THE CONSUMPTION OF THE SERVICE OR THE TITLE FROM WHICH THE COMPANY ' S RIGHT IS DERIVED OPERATOR TO CHARGE THEM; (13)
c) INSTALLATION OR ACTIVATION OF THE SERVICE: FAILURE OF THE OPERATING COMPANY TO OPERATE THE INSTALLATION OR ACTIVATION OF THE SERVICE TO WHICH IT WAS
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COMMITTED TO THE TIME OF HIRING OR WHEN THE OPERATING COMPANY SET A DEADLINE GREATER THAN PERMITTED BY THE CURRENT REGULATIONS TO PROCEED TO SUCH INSTALLATION OR ACTIVATION. IT ALSO INCLUDES THE FAILURE OF THE OPERATING COMPANY TO ACTIVATE OR DEACTIVATE ADDITIONAL OR ADDITIONAL SERVICES THAT HAVE BEEN REQUESTED BY THE USER; (13)
d) SHIPMENT OF THE SERVICE: FAILURE OF THE OPERATING COMPANY TO CARRY OUT THE SERVICE ON THE DATE ON WHICH IT WAS COMMITTED OR WHEN, WHEN FACED WITH A REQUEST FOR A SHIPMENT, THERE WAS NO RESPONSE OR NO RESPONSE TO IT; (13)
E) SUSPENSION OR SERVICE OUTAGE: CASES IN WHICH THE USER CONSIDERS THAT HE HAS SUFFERED AN UNJUSTIFIED SUSPENSION OR THAT HIS SERVICE HAS BEEN CUT WITHOUT JUSTIFIED CAUSE; (13)
f) QUALITY OF SERVICE DELIVERY SUITABILITY INCLUDING VERACITY OF INFORMATION PROVIDED TO THE USER: PROBLEMS ARISING FROM INADEQUATE NETWORK OPERATION GENERATING DISSATISFACTION OF THE USER, SUCH AS IMPERCEPTIBLE COMMUNICATION, NOISE AND INTERFERENCE ON THE LINE, THE IMPOSSIBILITY OF GETTING HEARD AND THE INTERMITTENT SERVICE. SIMILARLY, THEY WILL BE REGARDED AS PROBLEMS OF THE QUALITY OF PUBLIC FIXED AND MOBILE TELEPHONE SERVICES, WHICH ARISE AS A RESULT OF THE PROVISION OF THE SERVICE ITSELF OR OF THE FAILURE TO COMPLY WITH THE OBLIGATION TO REPORT TRUTHFULLY TO THE PUBLIC. USERS ON THE SERVICE OR ON THE STATUS OF THE REPORTS THEY HAVE MADE; (13)
G) FAILURE TO DELIVER THE RECEIPT OR COPY OF THE RECEIPT REQUESTED BY THE USER; (13)
h) FAILURE BY THE OPERATING COMPANY TO COMPLY WITH MAKE THE RETURNS ORDERED BY THE SIGET IN FAVOR OF THE USERS; (13)
i) PHYSICAL PAYMENT CARDS OR VIRTUAL: PROBLEMS ARISING FROM THE PROVISION OF SERVICES THROUGH PAYMENT CARD SYSTEMS, SUCH AS, SERVICE ENABLEMENT, CREDIT THAT GRANTS THE PAYMENT CARD, AMONG OTHERS; (13)
j) NEGATIVE OF THE OPERATING COMPANY CONTRACT WITH THE SERVICE APPLICANT; (13)
k) OTHER MEASURES THAT THE SIGET POINTS OUT; AND, (13)
L) FOR THE FAILURE TO PROVIDE TELECOMMUNICATIONS SERVICES INSTITUTED IN THE TECHNICAL REGULATIONS BASED ON THE STANDARDS OF QUALITY OF SERVICE ESTABLISHED BY THE SIGET. (16)
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OPERATING COMPANIES MUST HAVE A SYSTEM OF REGISTRATION OF CLAIMS, IN WHICH RECORD THE GENERAL CLAIMS DATA MADE BY THE USERS. (13)
THE CLAIM SUBMITTED, AS WELL AS THE NOTIFICATIONS, EVIDENCE AND OTHER DOCUMENTS RELATED THERETO, MUST FORM A FILE WHOSE ORGANIZATION AND CONSERVATION WILL BE THE RESPONSIBILITY OF THE OPERATING COMPANIES. THE OPERATORS SHALL ASSIGN TO THE FILE A CODE OR NUMBER OF THE CLAIM, WHICH SHALL BE MAINTAINED IN THE COURSE OF THE ADMINISTRATIVE PROCEDURE. (13)
THE OPERATING COMPANIES SHALL TAKE THE NECESSARY MEASURES TO PRESERVE THE UNITY AND INTANGIBILITY OF THE CLAIM FILE. (13)
THE PARTIES HAVE THE RIGHT TO KNOW AT ANY TIME, THE STATUS OF THE PROCESSING OF THEIR CLAIMS, AS WELL AS ACCESS TO THE RELEVANT FILE. THE PARTIES MAY REQUEST A SIMPLE OR CERTIFIED COPY OF THE PIECES OF THE FILE CORRESPONDING TO THE CLAIM PROCEDURE. (13)
THE SOLUTION OF THE CLAIM, FAVOURABLE OR UNFAVOURABLE, MUST BE SUBSTANTIATED AND SUBSCRIBED BY THE RESPONSIBLE OFFICIALS, WITH THE EXPRESS INDICATION OF EACH OF THE PROVEN MEANS THAT SUPPORT THEIR DECISION AND THE RULES LEGAL APPLIED IN THE RESOLUTION OF EACH CASE. THE NOTIFICATION OF THE SOLUTION OF THE CLAIM MUST BE COMMUNICATED IN WRITING TO THE AFFECTED USER, THE DAY AFTER THE DEADLINE, SENDING A COPY OF THE SAME TO THE SIGET; THIS NOTIFICATION WILL BE MADE IN THE ADDRESS WHERE THE RECEIPTS FOR THE SERVICE CLAIMED OR IN WHICH THE USER HAS INDICATED IN WRITING DURING THE CLAIM PROCEDURE. (13)
NOT TO OBTAIN ANY COMMUNICATION FROM THE USER WITHIN THE PRESCRIBED PERIOD, THE SOLUTION SHALL BE CONSIDERED IN HIS FAVOUR, THE OPERATOR BEING OBLIGED TO COMPENSATE HIM FOR ANY DAMAGES CAUSED TO HIM. IN THE EVENT OF UNDUE CHARGES, THE USER MUST REINTEGRATE THE AMOUNT THAT THE USER HAS CANCELLED TO THE OPERATOR, WITHOUT PREJUDICE TO THE CORRESPONDING LEGAL ACTIONS. (13)
IF THE USER DOES NOT ACCEPT THE SOLUTION TO HIS OR HER PROPOSED CLAIM BY THE OPERATOR, HE MAY LODGE A COMPLAINT WITH THE CONSUMER ' S OFFICE. (13)
THE SIGET, REQUIRED BY THE CONSUMER ' S OFFICE, MUST SUBMIT A TECHNICAL REPORT ON THE CLAIM, WITHIN A MAXIMUM PERIOD OF EIGHT WORKING DAYS. FOR THIS PURPOSE THE OPERATOR SHALL BE OBLIGED TO PROVIDE THE SIGET, AT THE REQUEST OF THE SIGET AND WITHIN A PERIOD NOT EXCEEDING THREE WORKING DAYS AFTER RECEIPT OF THE REQUEST, THE DOCUMENTARY SUPPORT OF THE CHARGES OR CONDITIONS OF PERFORMANCE OF THE SERVICE, ACCORDING TO BE THE CASE. THE OPERATOR MUST ALSO SEND THE FILE CORRESPONDING TO THE CLAIM. (13)
IF THE RESOLUTION ISSUED BY THE AUTHORITIES ENSURING CONSUMER PROTECTION IS FAVOURABLE TO THE USER, THE OPERATOR SHALL BE OBLIGED TO COMPENSATE HIM FOR ANY DAMAGE CAUSED TO HIM. IN CASES OF UNDUE CHARGES, YOU MUST
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REINTEGRATE THE AMOUNT THE USER HAS CANCELLED TO THE OPERATOR, WITHOUT PREJUDICE TO THE ACTIONS LEGAL PROCEEDINGS. (13)
REFRESH PROCEDURE (17)
Art. 99. THE PROCEDURE FOR THE RENEWAL OF THE ENABLING SECURITIES SHALL BE INITIATED AT THE REQUEST OF THE HOLDER WITHIN THREE TO TWO YEARS BEFORE THE EXPIRY. (17)
TECHNICAL REPORT (17)
Art. 99-A.-THE SUPERINTENDENT SHALL REQUEST THE MANAGEMENT OF TELECOMMUNICATIONS TO SUBMIT A TECHNICAL REPORT WITHIN SIXTY DAYS OF COMPLIANCE WITH ALL THE CONDITIONS LAID DOWN IN ART. 124 OF THIS LAW, AND SHALL ALSO INCLUDE A ANALYSIS OF THE TECHNICAL FEASIBILITY, MARKET CONDITIONS SUITABLE FOR THE RENEWAL OF THE ENABLING TITLE.
BEING FAVORABLE TO THE TECHNICAL REPORT THE SUPERINTENDENT WILL ISSUE THE CORRESPONDING RESOLUTION WITHIN TEN DAYS.
IF THE REPORT IS APPROVED, THE SUPERINTENDENT BY RESOLUTION WILL INSTRUCT THE TELECOM MANAGEMENT TO INITIATE THE PROCEDURE OF RENEWAL OF THE GRANTING OF FREQUENCIES. OTHERWISE SENSU WILL NOTIFY YOU OF THE REFUSAL OF RENEWAL. (17)
ENABLING TITLE REFRESH TERMS (17)
Art. 99-B.-THE RENEWAL TERMS OF THE ENABLING TITLE SHALL BE DRAWN UP BY THE SIGET TELECOMMUNICATIONS MANAGEMENT, AND SHALL INCLUDE AT LEAST THE FOLLOWING:
1. TECHNICAL, FINANCIAL AND LEGAL REQUIREMENTS FOR RENEWAL OF THE ENABLING TITLE;
2. THE TERMS AND CONDITIONS OF PAYMENT, IF APPLICABLE;
3. OTHER SPECIAL CONDITIONS AND OBLIGATIONS INCLUDING THOSE RELATED TO UNIVERSAL ACCESS AND SOCIAL INCLUSION IN CASE IT APPLIES;
4. RENEWAL CONTRACT TO BE SIGNED WITH THE HOLDER; AND,
5. INVESTMENT PLAN FOR THE MANAGEMENT OF THE GOODS AND TECHNOLOGICAL RESOURCES INVOLVED IN THE PROVISION AND CONTINUITY OF THE SERVICE, INCLUDING ESSENTIAL SERVICES. (17)
APPROVAL OF RENEWAL TERMS (17)
Art. 99-C.-IF THE SUPERINTENDENT IS BROUGHT BY RESOLUTION, HE WILL APPROVE THE TERMS OF RENEWAL PROPOSED BY THE TELECOMMUNICATIONS MANAGEMENT.
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(17)
RENEWAL PAYMENT EXECUTION (17)
Art. 99-D.-THE CORRESPONDING PAYMENTS, WHEN THEY APPLY, SHALL BE MADE WITHIN THE TIME LIMITS LAID DOWN IN THE RENEWAL CONTRACT AND SHALL BE IN THE FORM OF A CHEQUE OR A CHEQUE, ELECTRONIC PAYMENT OR BANK TRANSFER. THE EFFECTS OF THE RENEWAL SHALL BE CONDITIONAL UPON PAYMENT, IN THE CASE OF NON-PAYMENT, THE APPLICATION FOR RENEWAL SHALL BE LEFT WITHOUT EFFECT. PROOF OF SUCH PAYMENT SHALL BE SUBMITTED ON THE DAY OF SIGNATURE OF THE RENEWAL CONTRACT. (17)
ENABLING TITLE REFRESH CONTRACT (17)
Art. 99-E.-UPON RECEIPT OF THE NOTIFICATION OF THE DECISION, WITHIN TEN DAYS, THE SUPERINTENDENT AND THE HOLDER SHALL SIGN THE RESPECTIVE RENEWAL CONTRACT OF THE ENABLING TITLE WHICH SHALL SPECIFY THE CONDITIONS AND OBLIGATIONS TO BE MET. COMPLIANCE WITH THIS LAW AND ITS REGULATION. THE RENEWAL OF THE TITLE SHALL TAKE EFFECT ON THE DAY OF THE SIGNATURE OF THE CONTRACT AND SHALL BE UPDATED IN THE REGISTER. (17)
MANDATORY AUCTION
Art. 100.-If one year before the expiration of the concession, the concessionaire has not requested the renewal of the concession, the SIGET must initiate the process of public auction according to the procedure established in this Law and its regulation. The SIGET shall have a maximum period of six months from that date for the conduct of the auction. The new concession will be effective the day after the expiration of the current concession.
MODIFICATION TO THE NUMBERING PLAN
Art. 101.-Changes to the numbering plan shall be carried out as follows:
a) The Telecom Manager, either on his own initiative or at the request of the data subject, shall, in due course, recommend to the SIGET a change to the numbering plan;
b) SIGET shall publish the proposal. The parties concerned shall have a period of 20 days in which to submit observations;
c) The SIGET shall consider the comments received and decide on the new plan within 20 days after the end of the period of the Previous literal. This decision shall be published and notified to all network operators; and,
d) The new numbering plan shall enter into force no longer than six months after its publication.
AUCTION
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Art. 102.-The allocation of selection keys for the multi-carrier system as well as the allocation of specific numbers shall be performed by auction according to the following procedure:
a) Within five days of receipt of the request, the SIGET shall order its publication and the intention to conduct an auction within 10 days of such publication, detailing the items to be auctioned, the venue and the auction procedure;
b) The operators concerned must be entered in the SIGET until the business day prior to the date of the auction;
c) If no other operator is registered, the SIGET will deliver the items to the applicant, without performing the auction. If other interested parties exist, the auction will be held on the designated date; and,
d) The auction will be held in public, in the presence of the interested parties, the Superintendent or his representative and representatives of the Attorney General's Office. of the Republic.
TITLE VII TRANSIENT Provisions
DURATION
Art. 103. THE TRANSITIONAL PROVISIONS SHALL BE IN FORCE FROM THE DATE OF PUBLICATION IN THE OFFICIAL JOURNAL, WITH THE EXCEPTION OF THE EXCEPTIONS SPECIFIED, AND SHALL BE DUE WITHIN ONE YEAR. (4) (7)
REGULARIZATION OF OFFICIAL FREQUENCIES
Art. 104.-THE OFFICIAL FREQUENCIES WILL BE REGULATED BY THE SIGET, AND IT WILL VERIFY ITS USE FOR BETTER USE OF THE RADIO SPECTRUM. WHEN FINDING FREQUENCIES THAT ARE NOT BEING USED, AFTER THE NOTIFIED INSTITUTION HAS ITS OWNERSHIP, AND THERE IS NO VALID JUSTIFICATION FOR ITS LACK OF USE, THESE FREQUENCIES WILL BE MADE AVAILABLE TO SIGET WITHOUT FURTHER PROCESSING, REVOKING HIS ASSIGNMENT. (4) (7)
EXISTING CONCESSIONS AND AUTHORIZATIONS
Art. 105.-All concessions, authorizations, licenses, agreements, agreements or permits for the provision of existing telecommunications services prior to the entry into force of this Law shall maintain the period for which they were granted.
concessions, contracts, authorizations, licenses or permits for the exploitation of the radio spectrum in force at the time of the entry into force of this Law, will maintain the operating conditions and restrictions with which they were granted. In order to remove these conditions and restrictions, the respective holder must request the advance renewal of the concession, in accordance with the procedure already established.
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In order to monitor compliance with the operating conditions and restrictions of all concessions, contracts, authorisations, licences or permits, the SIGET is empowered to exercise the administration and management of the aforementioned instruments, as well as to comply with and enforce all rights and obligations arising therefrom.
OF THE REVENUE GENERATED BY THE MANAGEMENT AND ADMINISTRATION OF THE INSTRUMENTS THE SIGET WILL RETAIN THE AMOUNTS EQUIVALENT TO THE PAYMENT OF THE RIGHTS REFERRED TO IN ARTICLE 13. THE REST OF THOSE REVENUES WILL BE TRANSFERRED TO THE INVESTMENT FUND IN ELECTRICITY AND TELEPHONY, WHILE RETAINING THE SIGET IN TERMS OF ADMINISTRATIVE EXPENSES, ONE AND A HALF PERCENT OF THE TOTAL AMOUNT. (2)
UNBUNDLING OF ACCESS SERVICE OPERATOR NETWORKS
Art. 106.-Access service providers with over one hundred thousand users will have to offer other operators a disaggregated tariff of interconnection, as well as the leasing of disaggregated elements of the network.
In addition to the resources essential, the following elements of the network must be offered disaggregately in the form of a lease, provided that the operator's network contains such elements:
a) Links consisting of network elements that go from the equipment of the end user to the first switch node of the access service operator;
b) Ports to all levels;
c) Conmutation at all levels;
d) Billing services; and,
e) Access to the user registry.
Charges for each unbundled item will be negotiated between the stakeholders.
In case of conflict, interested parties may come to the SIGET for the alternative solution of the same, in accordance with the procedure already established.
When an operator requests more than one unbundled element, the total price of the item may not be less than the total sum of the prices for each of the disaggregated items.
START OF THE PRESUBSECTION
Art. 107. -Access service providers will be able to provide the pre-subscription service from the first business day of October of a thousand nine hundred and ninety-eight.
INVESTMENT CONTRACTS
Art. 108. SIGET IS AUTHORIZED TO MONITOR AND MONITOR COMPLIANCE WITH CONTRACTS
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INVESTMENT THAT IS IN FORCE AT THE DATE OF AMENDMENT OF THIS LAW, USING THE MEDIA PROOF NECESSARY, THE CUSTOMER ' S DATABASE AND THROUGH AUDITS FOR THE VERIFIED VERIFICATION OF THESE OBLIGATIONS, IN ORDER TO ENSURE THAT THE TARIFF INCREASES RESULTING FROM THESE CONTRACTS CONTAIN THE CORRECT AMOUNTS.
OPERATORS WHO HAVE NOT ENTERED INTO AN INVESTMENT CONTRACT WITH SIGET MAY CHOOSE THE RATES THAT WOULD RESULT FROM THE APPLICATION OF THAT CONTRACT WITH ANOTHER OPERATOR IN ORDER TO MAINTAIN A NATIONAL TARIFF LEVEL. (4) (7)
PIPELINE CHARGES
Art. 109.-From the entry into force of this Law and until the first working day of October of a thousand nine hundred and ninety-eight, the charges of interconnection that the operators will have to charge, in Salvadoran colones per minute of use, will be the following:
a) From or to terminal stations: ten cents of colon;
b) From or to tandem plants: fifteen cents of colon;
c) From or to intercity power stations: twenty cents of colon; and,
d) From or towards international headquarters: a colon with eighty cent colon.
Interconnection charges This article will be adjusted for a 50 percent composite index for the Consumer Price Index, published by the Ministry of Economy; and fifty percent for the devaluation of the current currency. legal in El Salvador in relation to the currency in legal tender in the United States of America. Indexing will be performed quarterly, starting on the first business day of the months of January, April, July, and October.
These charges do not include the direct costs of the pipeline, such as ports and links.
SERVICE SUSPENSION
Art. 110.-The operators of access services, which at the date of entry into force of this Law will be operating, will not be able to discontinue the services that they are providing to the public in any population of the Republic, except the provisions of the Article 31.
REGULATION OF RESTRICTIVE PRACTICES TO COMPETITION
Art. 111.-REPEALED BY D.L. Nº 528/04. (7)
ACCESS TO THE MULTIPORTER SYSTEM
Art. 112.-Access service operators with more than ten thousand lines must provide access to the multi-carrier system.
CNAF CAMBIOS (4) (7)
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Art. 113.-CHANGES AND UPDATES TO THE CNAF MAY BE MADE BY THE SIGNET OF TRADE OR AT THE REQUEST OF AN INTERESTED PARTY WHEN SUCH REQUEST IS TO BE ADAPTED TO THE RULES OF THE ITU OR FOR GENERAL BENEFIT IN THE USE OF THE SPECTRUM. (4) (7)
TITLE VIII
SPECIAL REGIME FOR FREE RECEIVE AND SUBSCRIBE BROADCAST SERVICES
REACH
Art. 114.-This special regime applies to operators of broadcast services and television broadcasting services, both free reception and subscription.
CONCESSIONS AND LICENSES
Art. 115.-The exploitation of radio spectrum for the provision of sound broadcasting services and television broadcasting services, both free reception and subscription, requires concession.
The application for this the concession shall be made in accordance with the general rules applicable to the frequencies of regulated use, and the service to be provided and its coverage area must be specified. These concessions will be granted for a period of twenty years, extendable * automatically in equal periods. DECLARED UNCONSTITUTIONAL
The broadcast and sound broadcasting services by wire means require a license, which must be granted by the SIGET.
For the use of these concessions and licenses, the licensees and licensees must check before the SIGET that they have the permits or authorizations of the owners of the programs in order to proceed to their transmission.
SECONDARY MARKET OPERATIONS ENROLLMENT RULES (17)
Art. 115 -A.-DEALERS MAY TRANSFER TO ANY TITLE OR LEASE THE RIGHT OF OPERATING OF THE CONCESSIONARY FREQUENCIES PRIOR TO THE FOLLOWING REQUIREMENTS:
1) THAT THE CONTRACT MADE BETWEEN THE CONCESSIONAIRE AND THE ACQUIRER OR LESSEE IS AUTHORISED BY THE SIGET IN RESPECT OF TECHNICAL ASPECTS;
2) THAT THE ACQUIRER MAINTAINS THE SOLVENCY OF THE OBLIGATIONS ARISING FROM THE CONCESSION;
3) THAT THE CONTINUITY IN THE PROVISION IS NOT AFFECTED OF THE SERVICE; REGARDING THE CONDITIONS ORIGINALLY OFFERED TO CONSUMERS;
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4) EFFICIENT USE OF SPECTRUM RELATING TO THE USE OF ALL ALLOCATED BANDWIDTH AND ALL THE COVERAGE AREA GRANTED, WHICH WILL BE DETERMINED BY THE RESPECTIVE TECHNICAL ANALYSIS PREPARED BY SIGET;
5) THAT THE INTERESTED PARTY AND THE APPLICANT ARE SOLVENT WITH THE FIRM AND ENFORCEABLE STATE TAX OBLIGATIONS;
6) COMPLIANCE WITH THE PROVISIONS LAID DOWN IN THIS LAW, WHICH GOVERN THE PROCEDURES, REQUIREMENTS AND APPROPRIATE CONDITIONS FOR THE OPERATION OF THE CONCESSION; AND,
7) WHERE, WHEN THE SUPERINTENDENCE CONSIDERS NECESSARY, IT SHALL REQUEST OPINION FROM THE COMPETITION SUPERINTENDENCE, FOR WHICH IT SHALL HAVE A PERIOD OF TIME MAXIMUM OF FORTY-FIVE DAYS. IF THE OPINION DETERMINES THAT IT DOES NOT GENERATE CONCENTRATION, THE CORRESPONDING PROCEDURE WILL BE CARRIED OUT.
IN ALL TOTAL OR PARTIAL TRANSFER OF THE SPECTRUM THE ACQUIRER WILL PAY SIGET THE COSTS OF ADMINISTRATIVE AND REGISTRATION PROCEDURES ACCORDING TO THE TARIFF STRUCTURE OF THE COSTS IN THE REGISTER PUBLISHED BY SIGET WHICH WILL BE INDEXED EACH YEAR WITH THE CPI.
ANY FREQUENCY SUBLEASING WILL BE NULL. (17)
ANNUAL FEE FOR SPECTRUM MANAGEMENT OF BROADCAST STATIONS AND THEIR LINKS (17)
Art. 116.-THE ENABLING TITLES FOR RADIO SPECTRUM USE FOR RADIO AND TELEVISION BROADCASTING SERVICES SHALL CAUSE FEES THE AMOUNT OF WHICH SHALL BE PAID ANNUALLY TO THE SIGNET TO COVER THE COSTS RELATED TO THE MANAGEMENT TASKS, RADIO SPECTRUM MANAGEMENT AND SURVEILLANCE. PAYMENTS WILL BE MADE IN THE MONTH OF OCTOBER OF EACH YEAR, THE VALUES PAYABLE ARE THE RESULT OF THE FOLLOWING FORMULA:
TA=CUE* Fs *AB* Pac*n
IN WHERE:
TA= ANNUAL RATE;
CUE= UNIT COST OF SPECTRUM, EN COLONES ¢ 11,9358, IN DOLARES=USD$1.36408/MHZ/HAB/MES, WHOSE VALUE SHOULD BE INDEXED ANNUALLY WITH THE OFFICIAL FACTOR OF CPI;
Fs= SERVICE FACTOR, FOR AM EQUALS 0.003, FM IS EQUAL TO 0.00029, TV IS EQUAL
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A 0.000122;
AB= BANDWIDTH IN MHZ;
pac= POPULATION TO COVER; AND,
n= MONTHS OF THE YEAR, 12.
IN NO CASE, WHEN APPLYING THE ABOVE FORMULA, THE VALUES FOR THE ANNUAL RATE CANNOT BE LESS THAN $250 IN MODULATED AMPLITUDE (AM), $500 IN MODULATED FREQUENCY, AND $1,500 IN TELEVISION. (17)
ANNUAL FEE FOR ADMINISTRATION, SUPERVISION, AND COMMERCIAL EXPLOITATION RIGHT OF RADIO BROADCAST AND BROADCAST SERVICES AND/OR TERRESTRIAL AND SATELLITE TELEVISION BY SUBSCRIPTION (17)
Art. 116-A.-THE CALCULATION OF THE CHARGE OF THE ANNUAL FEE IS DIRECTLY RELATED TO THE NUMBER OF SUBSCRIBERS TO WHICH THE LICENSEE PROVIDES THE SERVICES ON A GIVEN SYSTEM, ACCORDING TO THE LICENSE GRANTED, IN SUCH A WAY THAT THE DIVERSIFICATION OF CONVERGENT SERVICES, PAYMENTS WILL BE ANNUAL AND REMUNERABLE IN ADVANCE, DURING THE MONTHS OF JANUARY AND FEBRUARY OF EACH YEAR AND DETERMINED BY THE FOLLOWING FORMULA:
TA cable = Faith * #suscriptores
WHERE:
TA cable= ANNUAL RATE FOR BROADCAST SERVICES OR SOUND BROADCAST AND/OR TERRESTRIAL AND SATELLITE TELEVISION BY SUBSCRIPTION;
Fe = ECONOMIC FACTOR PER ANO/SUBSCRIBERS, BEING USD$ 1.80 PER SUBSCRIBER; AND,
#suscriptores = THE NUMBER OF SUBSCRIBERS REPORTED AT 31 OCTOBER OF EACH YEAR TO THE SGET. THE LICENSORS OF SOUND AND TELEVISION BROADCASTING BY SUBSCRIPTION MUST SUBMIT AN AFFIDAVIT OF THE NUMBER OF SUBSCRIBERS.
THE SUBSCRIBERS OF THE SERVICE PACKAGES REPORTED BY THE LICENSEES WILL BE INCLUDED WITHIN THE SUBSCRIBER ' S PORTFOLIO, ONLY IF THE SUBSCRIPTION TV SERVICE IS PROVIDED IN THE PACKAGE IN ANY OF ITS Embodiments.
SECURITIES WILL BE INDEXED ANNUALLY ACCORDING TO THE OFFICIAL FACTOR OF THE CPI.
THE PREVIOUSLY DEFINED FORMULA WILL BE REVIEWED BY THE SIGET, ACCORDING TO THE METHODOLOGY DEVELOPED IN THE REGULATION OF THIS SAME LAW, AND UPDATED BY AN INSTRUCTIONAL, AT LEAST EVERY 3 YEARS, ACCORDING TO TECHNOLOGICAL ADVANCES.
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EVERY SUBSCRIPTION TELEVISION BROADCAST SERVICE OPERATOR PROVIDING SERVICES COVERAGE AT NATIONAL LEVEL, YOU MUST INCORPORATE INTO YOUR PROGRAMMING GRILL FREE OF CHARGE AND WITHOUT ANY CONDITIONS, THE CHANNELS THAT OPERATE IN THE FREQUENCIES OF THE TELEVISION BROADCASTING SERVICES OF FREE RECEPTION WITH NATIONAL COVERAGE, SEA THIS SPECTRUM OF REGULATED OR OFFICIAL USE.
THE OPERATOR OF BROADCAST TELEVISION BROADCASTING SERVICES PROVIDING COVERAGE AT THE NATIONAL LEVEL IS RELEASED FROM THE OBLIGATION SET OUT IN THE PREVIOUS PARAGRAPH, WHEN IN THEIR BILATERAL RELATIONSHIP, ANY OPERATOR OF THE FREQUENCIES OF FREE RECEPTION BROADCASTING SERVICES SET A PRICE FOR THE INCLUSION OF YOUR CHANNEL ON THE PROGRAMMING GRILL. IN THE ABSENCE OF AN AGREEMENT ON THE PRICE BETWEEN THE ABOVE PARTIES, THE SUBSCRIPTION TELEVISION BROADCASTING SERVICE OPERATOR MAY NOT BROADCAST ON ITS GRILL THE RESPECTIVE CHANNEL.
OFFICIAL AND REGULATED NATIONAL COVERAGE SPECTRUM CHANNELS WILL MAINTAIN THEIR SAME SPECTRUM LOCATION ON THE PROGRAMMING GRID; THIS PROVISION APPLIES TO TELEVISION BROADCAST SERVICE OPERATORS. LAND AND SATELLITE SUBSCRIPTION.
IN THE CASE OF THE REGIONAL AND LOCAL FREE-RECEPTION TELEVISION CHANNELS, THEIR INCORPORATION INTO THE PROGRAMMING GRID WILL BE BY AGREEMENT BETWEEN THE PARTIES AND ACCORDING TO THE OPERATING AREA OF EACH SYSTEM.
THE SIGGET WILL ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. (17)
CLASSIFICATION
Art. 117.-The free reception radio stations, 88-108 MHz, are classified according to the extent of the coverage area or service area, which are delimited by the field intensity contour of 54 dBu, 0.5 milli-vol/meter, 500 micro-volt/meter, as follows:
a) LOCAL stations. Stations that are intended to provide services to towns or cities and to the rural areas adjacent to them;
b) ESTATIONS REGIONAL. Stations that are intended to serve mainly in large areas and include major cities adjacent to such cities; their area of coverage is delimited to the Western Zone, Central Zone and Eastern Zone; and,
c) STATIONS WITH NATIONAL COVERAGE. Stations to be provided service throughout the national territory.
SEPARATION OF FREQUENCIES
Art. 118.-The frequencies allocated to the broadcasting services of free reception or radio broadcasting and television shall be used in an efficient and rational manner, for which the SIGET shall draw up the plan for the use of the spectrum bands Radio frequencies allocated for such service by the ITU.
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In order to avoid problems of harmful interference and to encourage better use of the Radio Spectrum, attributed to the broadcast service of free reception in sound broadcasting, the minimum separation between adjacent channels shall be 30 KHz in Amplitude Modulated, AM, 525-1705 KHz; and 400 KHz in Modulated Frequency, 88 -108 MHz.
RESPECTING THE SERVICE AREAS ACCORDING TO THE CLASSIFICATION OF THE STATIONS, IN ACCORDANCE WITH ARTICLE 117, WITH THAT SAME OBJECT THE FIRST ALLOCATION WITHIN THE BAND 88-108 MHz, SHALL BE THE 88.1 MHz. (14)
DECLARE THE FREQUENCY 88.1 MHZ OF OFFICIAL USE AND AUTHORIZE ITS USE TO THE LEGISLATIVE ASSEMBLY OF EL SALVADOR, WHICH PRIOR TO ITS USE WILL COMMUNICATE TO THE SIGET THE TECHNICAL PARAMETERS OF OPERATION, WHICH MUST BE ELECTROMAGNETICALLY COMPATIBLE AND FREE FROM INTERFERENCE WITH OTHER LEGALLY ESTABLISHED STATIONS. (14)
THE 88.1 MHz FREQUENCY MAY NOT START OPERATIONS, WITHOUT THE SIGET PREVIOUSLY CONDUCTING INSPECTION, IN ORDER TO VERIFY THAT THE INSTALLATIONS COMPLY WITH THE TECHNICAL PARAMETERS, WHICH ENSURE ELECTROMAGNETIC COMPATIBILITY. WITH OTHER LEGALLY ESTABLISHED STATIONS AND PERMIT THE COMMENCEMENT OF OPERATIONS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 123 OF THIS LAW. (14)
MONITORING AND MONITORING FREQUENCIES (17)
Art. 119.-FOR THE ALLOCATION OF BROADCASTING CHANNELS OR FREQUENCIES, THE SIGET WILL DICTATE THE NECESSARY RULES AND REGULATIONS, AVOIDING HARMFUL INTERFERENCE TO THE BROADCASTING STATIONS THAT ARE LEGALLY OPERATING.
THE SIGGET, MONITOR, INSPECT AND AUDIT THE OPERATION OF THE BROADCASTING STATIONS ON A PERMANENT BASIS, AS WELL AS REQUIRE THE DEALERS THE NECESSARY INFORMATION, IN ORDER TO VERIFY THE PROPER EXPLOITATION OF THE FREQUENCY, THE PROVISION OF THE SERVICE ATTRIBUTED AND THE FULFILMENT OF THE OTHER PARAMETERS AND CONDITIONS SET OUT IN THE CONTRACT AND THIS LAW. (17)
VIOLATIONS AND PENALTIES FOR BROADCASTERS (17)
Art. 119-A.-VIOLATIONS OF THE BROADCASTERS ARE AS FOLLOWS:
1) NOT ENROLL IN THE REGISTRY WHEN THERE IS A LEGAL OBLIGATION TO DO SO;
2) NOT PROVIDE INFORMATION TO THE SIGET WHEN THERE IS A LEGAL OBLIGATION TO DO SO, OR PROVIDE FALSE INFORMATION;
3) CAUSE HARMFUL INTERFERENCE IN THE EXPLOITATION OF THE RADIO SPECTRUM; AND,
4) USE THE RADIO SPECTRUM WITHOUT RESPECTING THE TECHNICAL STANDARDS AND CONDITIONS ESTABLISHED IN THE CNAF.
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PREVIOUSLY ESTABLISHED INFRINGEMENTS WILL BE SANCTIONED WITH A FINE WHOSE AMOUNT WILL BE BETWEEN A THOUSAND SEVEN HUNDRED DOLLARS FROM THE UNITED STATES OF AMERICA AND THIRTY-THREE THOUSAND DOLLARS FROM THE UNITED STATES OF AMERICA, IN ADDITION TO A FINE OF FIFTY-SEVEN POINT FOURTEEN DOLLARS FROM THE UNITED STATES OF AMERICA FOR EACH DAY THAT THE INFRINGEMENT CONTINUE.
THE REGULATION OF THIS LAW SHALL DETERMINE THE MANNER OF APPLICATION OF THIS ARTICLE. (17)
SUBSCRIPTION BROADCAST SERVICE OPERATORS
Art. 120.-NATURAL OR LEGAL PERSONS APPLYING FOR SUBSCRIPTION, SOUND OR TELEVISION BROADCASTING SERVICES SHALL OBTAIN A PRIOR ENABLING TITLE OF THE SIGET AND COMPLY WITH THE REQUIREMENTS SET BY THE SIGET AND THE RESPECTIVE REGULATION. INDEPENDENT OF THE MEANS USED EITHER BY MEANS OF RADIO WAVES OR BY MEANS OF WIRED NETWORKS. (17)
INSPECTION FACILITY
Art. 121.-Any subscription, sound or television broadcasting operator is under the obligation to facilitate the inspection of the SIGET, by means of the access to its facilities requested, as well as to provide it with all the information technical related directly to the operation.
INTERFERENCE BAN
Art. 122. The operation of Television Broadcast Systems by subscription, by wire or wireless, shall not interfere in any way with the reception of open television signals that are broadcast in the same service area.
SOCIAL CAPITAL
Art. 123.-The concessions and licenses for the services of the Free Reception Broadcast, will only be granted to natural persons by birth or Salvadoran legal entities. In the case of Salvadoran legal persons, the social capital must be constituted at least with fifty-one percent of Salvadorans. This social capital and its reforms must be reported to the SIGET.
REVOCATION CAUSES OF THE ENABLING TITLES (17)
Art. 124.-SPECIFIC CAUSES OF REVOCATION OF THE QUALIFYING TITLES:
(a) FAILURE TO PAY OR INCOMPLETE PAYMENT OF THE ANNUAL FEE SET OUT IN ART. 116 OF THIS LAW, TWENTY DAYS AFTER THE END OF THE PERIOD, AFTER HEARING THE DEALERSHIP; WITHOUT CONTRAVENING THE PROVISIONS OF ART. 129 OF THIS LAW;
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b) THE "NO UTILIZATION OF FREQUENCIES" ALLOCATED, FOR A PERIOD OF SIX MONTHS, EXCEPT FORTUITOUS CASE OR FORCE MAJEURE;
(c) THE BREACH OF THE CONTRACT OF CONCESSION, IN RESPECT OF THE TECHNICAL CONDITIONS AND PARAMETERS GRANTED AND THE PROVISIONS OF THE LEGISLATION IN FORCE;
(d) NOT TO PERFORM THE OPERATION AND THE PROVISION OF THE TELEVISION BROADCASTING SERVICE BY SUBSCRIPTION BY WIRE AND WIRELESS MEANS, EN ALL SCHEDULES, COVERAGE AREAS ENABLED AND AS SET FORTH IN THIS LAW;
e) NOT HAVING THE RESPECTIVE PERMITS, AND SIGET AUTHORIZATIONS, FOR THE LICENSES OF THE TELEVISION DISTRIBUTION SERVICE BY SUBSCRIBE; AND,
f) NOT PRESENT THE ANNUAL DECLARATION OF NUMBER OF SUBSCRIBERS AND CHANNELS THAT TRANSMIT OR PRESENT IT WITH FALSE INFORMATION.
HAVING FINISHED THE COMMON PROCESS THAT ESTABLISHES THIS LAW BY WHICH THE REVOCATION AND EXPIRATION OF THE ENABLING TITLE IS DECLARED, THE SUBSCRIPTION TELEVISION SYSTEM SHALL CEASE THE PROVISION OF THE SERVICE.
ALSO REVOKED THE CONCESSION AND EXPIRED THE CONTRACT THE TRANSMITTING STATIONS INVOLVED SHALL CEASE THEIR EMISSIONS AND THE CORRESPONDING FREQUENCIES SHALL BE SUBJECT TO THE RULES APPLICABLE TO THE SPECTRUM OF REGULATED USE. (17)
WAIVER
Art. 125.-The concessionaire may waive its right of exploitation of the spectrum at any stage during the validity of the concession.
In this case, the rules laid down for the advance renewal shall apply.
LINK FREQUENCY CONCESSIONS REGULARIZATION (17)
Art. 125-A.-WHEN THE DEALERSHIP PRESENTS A REQUEST FOR FREQUENCY OF LINKS TO TRANSMIT THE SIGNALS TO THE MAIN TRANSMITTING STATIONS OR REPEATERS IN THE APPROVED ZONES, THE SIGET WILL CARRY OUT THE TECHNICAL FEASIBILITY STUDY. IF THE RESULT OF THE STUDY IS FAVORABLE, THE SIGET WILL GRANT THE CORRESPONDING CONCESSIONS WITHIN THE TIME LIMIT SET IN THE LAW. (17)
TRANSIENT
Art. 126.-THE SIGET MUST GRANT CONCESSIONS FOR THE LINK FREQUENCIES USED TO TRANSMIT. THE AUTHORIZATION FOR THESE LINK FREQUENCIES AND REPEATERS FOR RADIO AND TELEVISION, WILL NOT CAUSE ANY ADDITIONAL PAYMENT.
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THE RIGHTS OF THIRD PARTIES ARISING FROM ACTS CONCLUDED WITH THE DEALERS WHO HAVE THE EXTENSION SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 15 (2) OF THIS ACT. (17)
NATIONAL CHAIN
Art. 127.-The President of the Republic shall have the right to call all radio and television stations in the country to national radio and television stations for reasons of war, invasion of territory, rebellion, sedition, catastrophe, epidemic or other calamity, serious disturbances of public order or a message of national interest. The Supreme Electoral Tribunal will be able to do so in the cases established in the Electoral Code.
The concessionaires will be obliged to transmit, at the requested time, the pilot signal of the Presidency of the Republic, without cuts, or amendments of no nature. If, for technical reasons, a dealer is unable to transmit the requested, he will no longer transmit his regular programming for the duration of the national chain.
EXCEPT FORTUITOUS CASE OR FORCE MAJEURE DULY CHECKED, THE REFUSAL OF A CONCESSIONAIRE TO TRANSMIT THE NATIONAL CHAIN, IT WILL MAKE HIM A CREDITOR TO A FINE EQUIVALENT TO THE VALUE OF THREE TIMES THE FEE OF THE ANNUAL FEE FOR THE FIRST AND SECOND TIME; AND SIX TIMES FOR THE THIRD TIME OR MORE. (17)
INSPECTIONS AND OVERVIEWS
Art. 128.-The inspections and supervisions provided by the SIGET to the licensees and licensees referred to by this regime will not cause any rights.
EXEMPTIONS FROM PAYMENT (17)
Art. 129.-STATE AND COMMUNITY BROADCASTING STATIONS, INCLUDING RELIGIOUS, ETHNIC AND OTHER NON-PROFIT, SHALL BE EXEMPT FROM THE PAYMENT OF THE ANNUAL FEE FOR THE MANAGEMENT OF THE SPECTRUM OF BROADCASTING STATIONS AND ITS LINKS REFERRED TO IN ART. 116 OF THIS LAW. (3) (17)
TITLE IX REGULATION, MULTIPLE, REPEAL AND VALIDITY
REGULATION
Art. 130.-THE REFORM OF THE REGULATION OF THIS LAW SHALL BE ISSUED WITHIN THE MAXIMUM PERIOD OF NINE MONTHS FROM THE ENTRY INTO FORCE OF THIS DECREE. (17)
INITIAL FREQUENCY ALLOCATION
Art. 131.-REPEALED (17)
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GENERAL CHOICE (17)
Art. 131-A.-FOR THE PURPOSES OF THIS LAW IT IS TO BE UNDERSTOOD THAT THE REFERENCE TO SUPERINTENDENT AND MANAGERS, IMPLICITLY ENCOMPASSES THE MALE AND FEMALE GENDER, UNLESS OTHERWISE SPECIFIED SPECIFIC PROVISION. (17)
REPEAL
Art. 132.-Deroganse of the Law of the National Administration of Telecommunications, ANTEL; the following provisions: article 3 literal p) first, as regards the determination of tariffs by the National Administration of Telecommunications, ANTEL; article 3 literal p) incisos second, third and fourth; article 3 literals q) and r); articles 34 to 43; and articles 49 to 55.
Also, repeal the Law of Telecommunications Services, issued by Legislative Decree No. 367, of the nine of October of a thousand nine hundred and seventy-five, published in the Official Journal No. 196, Volume 249, of the twenty-two of the same month and year and its reforms; the Law of Telecommunications, Legislative Decree No. 807 of September 12, 1996, published in the Official Journal No. 189, Volume 333, of the nine of October 1996 and all its reforms; Article 38 of Legislative Decree No. 960 of 5 February 1997, published in Official Journal No 42, Volume 334 of 4 March 1997, as well as any provision that would be contrary to this Law.
In the provision of services of telecommunications, the National Telecommunications Administration, ANTEL, will be subject to the provisions of the Present Law.
VALIDITY
Art. 133.-This Decree shall enter into force on the eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at six days of the month of November of a thousand nine hundred and ninety-seven.
FRANCISCO GUILLERMO FLORES PÉREZ PRESIDENTE
GERSON MARTÍNEZ CIRO CRUZ ZEPEDA PEÑA FIRST VICE-PRESIDENT SECOND VICE PRESIDENT
RONAL UMANA NORMA FIDELIA GUEVARA DE RAMÍRIOS THIRD VICE-PRESIDENT FOURTH VICE-PRESIDENT
JULIO ANTONIO GAMERO QUINTANILLA JOSE RAFAEL MACHUCA ZELAYA FIRST SECRETARY SECOND SECRETARY ALFONSO ARISTIDES ALVARENGA JUAN DUCH MARTINEZ THIRD SECRETARY FOURTH SECRETARY
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ELVIA VIOLETA MENJÍVAR JORGE ALBERTO VILLACORTA MUÑOZ FIFTH SECRETARY SIXTH SECRETARY
CASA PRESIDENTIAL: San Salvador, on the fourteenth day of November of a thousand nine hundred and ninety-seven.
PUBLISH, ARMANDO CALDERÓN SOL, President of the Republic.
EDUARDO ZABLAH TOUCHE, Minister of Economy. MANUEL ENRIQUE HINDS CABRERA.
Minister of Finance,
D. O. No. 218 Took No. 337 Date: November 21, 1997.
REFORMS:
(1) D.L. NO 177, DECEMBER 4, 1997; D.O. No. 239, T. 337, DECEMBER 22, 1997.
(2) D.L. Nº 356, JULY 9, 1998; D.O. NO. 145, T. 340, AUGUST 10, 1998.
(3) D.L. NO 457, OCTOBER 15, 1998; D.O. NO. 206, T. 341, NOVEMBER 5, 1998.
(4) D.L. NO 239, DECEMBER 21, 2000; D.O. No. 42, T. 350, FEBRUARY 27, 2001.
(5) D.L. Nº 282, FEBRUARY 9, 2001; D.O. NO 32, T. 350, FEBRUARY 13, 2001.
(6) D.L. NO 284, FEBRUARY 9, 2001; D.O. NO 37, T. 350, FEBRUARY 20, 2001. (Art. 5 of this Decree adds to the literal i), which was already included in Decree 239/2000, which says: i) Sell access services in the form of prior payment, without complying with the provisions contained in Title IV of this Law)
(7) D. L. Nº 387, 20 APRIL 2001; D. O. Nº 90, T. 351, 16 MAY 2001.
(8) D. L. NO 518, NOVEMBER 18, 2004; D. O. NO. 235, T. 365, DECEMBER 16, 2004.
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
76
(9) D. L. NO 911, DECEMBER 14, 2005; D. O. NO. 8, T. 370, DECEMBER 12, 2005.
(10) D.L. Nº 249, JANUARY 14, 2010; D.O. NO 30, T. 386, FEBRUARY 12, 2010.
(11) D.L. No. 295, MARCH 4, 2010; D.O. No. 67, T. 387, APRIL 14, 2010.
(12) D.L. Nº 485, OCTOBER 7, 2010; D.O. NO. 201, T. 389, OCTOBER 26, 2010.
(13) D.L. Nº 379, 10 JUNE 2010; D.O. NO 213, T. 389, NOVEMBER 15, 2010.
(14) D.L. Nº 155, OCTOBER 4, 2012; D.O. NO 198, T. 397, OCTOBER 23, 2012.
(15) D.L. No. 170, OCTOBER 25, 2012, D.O. No. 224, T. 401, NOVEMBER 29, 2013.
(16) D.L. No. 787, AUGUST 28, 2014, D.O. No. 176, T. 404, SEPTEMBER 24, 2014.
(17) D.L. No. 372, 5 MAY 2016, D.O. No. 91, T. 411, MAY 18, 2016. This reform contains Transitional Provisions.
AUTHENTIC INTERPRETATION:
D.L. No. 396, JUNE 24, 2010; D.O. NO 148, T. 388, AUGUST 12, 2010. (Al D.L. 295/2010)
PARTIAL REPEAL:
D.L. NO 528, NOVEMBER 25, 2004; D.O. NO. 240, T. 365, DECEMBER 23, 2004. (Art. 111)
D. L. NO 387, 20 APRIL 2001; D. O. Nº 90, T. 351, 16 MAY 2001. (D.L. 284/2001)
OBSERVED DECREE:
D.L. Nº 132, SEPTEMBER 24, 2009;
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
77
DECREE VETOED:
D.L. No. 1032, MARCH 29, 2012;
UNCONSTITUTIONALITIES:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY WAY OF SENTENCE No. 36-2014, PUBLISHED IN THE D. O. No. 147, T. 408, OF 17 AUGUST 2015, DECLARES THE EXPRESSION 'AUTOMATICALLY', INC. 2 ° OF ART. 115 AND INC. 2 ° OF ART. 126, AS UNCONSTITUTIONAL, AS UNCONSTITUTIONAL, FOR INFRINGEMENT OF THE RIGHT OF FREE COMPETITION, ART. 110 CN., AS LONG AS AUTOMATIC CARRYOVERS BY PERIODS OF 20 YEARS OF THE CONCESSIONS GRANTED FOR THE OPERATION OF RADIO SPECTRUM FREQUENCIES FOR THE PROVISION OF SERVICES OF SOUND BROADCASTING AND FREE RECEPTION TELEVISION BROADCASTING SERVICES MEANS OF COMMUNICATION ARE MAINTAINED AND CONCENTRATED, FOR EXTENDED PERIODS, IN THE SAME DEALERS, WHICH PREVENTS ACCESS TO THE RADIO SPECTRUM AND THE EXERCISE OF FREEDOM OF ENTERPRISE AND FREE COMPETITION, AS IT CONSTITUTES A BARRIER TO THE EXISTENCE OF HETEROGENEOUS CONTENT IN THE INFORMATION OPTIONS FOR THE PERSONS. (JQ/11/09/15) The art. 126 Inc 2; was subsequently reformed by D.L. No. 372/2016
** THE CONSTITUTIONAL COURT OF THE SUPREME COURT OF JUSTICE, BY MEANS OF JUDGMENT No. 34-2015, PUBLISHED IN THE D. O. NO. 219, T. 413, OF 24 NOVEMBER 2016, (B) UNCONSTITUTIONAL ARTICLE 3 (B) OF ART. 7 AND POINT (a) OF ART. 33, CONTRARY TO THE CONSTITUTIONAL PRINCIPLE OF THE PROHIBITION OF DOUBLE JUDGMENT, WHEREAS THE SAME PREVIOUSLY SANCTIONED FACT IS TAKEN INTO ACCOUNT AGAIN AS AN ESSENTIAL ELEMENT OF A MORE SERIOUS ADMINISTRATIVE INFRA TION; AND (J) OF THE ART. 33, BY CONTRAVENE THE MANDATE OF TAXATIVITY AND THE DETERMINATION OF SANCTIONING RULES, SINCE THE CONDUCT THERE REGULATED SHOWS AN INDETERMINATION IN ITS ESSENTIAL ELEMENTS, AND WHICH CANNOT BE REGULATED BY A LEGAL INFRA RULE. (JQ/31/01/17)
TRANSIENT PROVISIONS:
D.L. NO 337, JUNE 18, 1998; D.O. NO 132, T. 340, JULY 16, 1998.
D.L. Nº 221, JANUARY 19, 2007; D.O. NO. 28, T. 374, FEBRUARY 12, 2007.
NOTE:
Article 3 of D. L. No. 282/2001 states that the information obtained in Title V-Bis shall be valued by the competent judicial authority in accordance with the provisions of Article 162 of the Criminal Procedure Code. ML/ngcl 22/03/07
SV 25/02/10
JCH 28/04/10
JCH/ngcl
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
78
08/08/10
SV 9/11/10
JCH 24/11/10
JCH 14/11/12
JCH 8/01/14
FN 27/10/14
JQ 11/09/15
FN 29/06/16
JQ 31/01/17
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