Financial Institutions. Introducense Reforms 21526 Law. Be Published As Law 21526.

Original Language Title: Entidades financieras. Introdúcense reformas a la ley 21526. SE PUBLICA COMO LEY 21526.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 396

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

WHEREAS:

I.-That according to Art. 131, ordinal 5th of the Political Constitution, it is up to the Legislative Assembly to interpret the secondary laws authentically;

II.-That dated 06 November 1997, the Legislative Decree No. 142, which contains the Telecommunications Law, was created, published in Official Journal No. 218, Volume No. 337, dated November 21, 1997, the main objective of which is to regulate the activities of the telecommunications sector, inter alia, the regulation of public services in fixed and mobile telephony;

III.-That by Legislative Decree No. 295 of March 4, 2010, published in Official Journal No. 67, Tomo 387, on April 14, 2010, reforms were enacted to the Telecommunications Law;

IV.-That, despite the prohibition of charging fees or charges for airtime, several mobile operators, relying on the wrong interpretation of the aforementioned Legislative Decree No. 295, intend to continue charging this charge, appropriate the right to determine the rate that the access operator must charge the fixed service user who initiates the call and prevent the end users from enjoying benefits, such as a fijo-mobile fee lower than the maximum set out in Decree No 295; the elimination of distortion in prices and operation within a scheme of healthy competition;

V.-That in order to avoid misinterpretations and to ensure that consumers effectively enjoy the benefits provided in Legislative Decree No 295, it is appropriate to interpret the literal c) of Art. 2. Legislative.

BY TANT,

Jose Francisco Merino Lopez, Francisco Roberto Lorenzana Duran, Irma Lourdes Palacios Vasquez, Rodolfo Antonio Parker Soto, and Jose Nelson Guardado Menjivar.

DECCRETA:

Art. 1. (c) Art. 2 of Legislative Decree No. 295 of 4 March 2010, published in Official Journal No 67, Tomo 387, dated April 14, 2010, is interpreted authentically in the following terms: a service terminal fixed to a mobile service terminal, the user's fee is determined exclusively by the operator of the access network from which the call is initiated; consequently, the destination network will not be able to charge the user that originates or receives

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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the call, no charge or fee in concept of air time or additional network use to the charge of interconnection of termination in mobile network.

Art. 2. This authentic interpretation is incorporated in the text of Art. 2 of Legislative Decree No. 295 dated March 4, 2010, published in Official Journal No. 67, Volume 387, dated April 14, 2010.

Art. 3. This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-four days of the month of June two thousand ten.

CIRO CRUZ ZEPEDA PEÑA, PRESIDENT.

OTHON SIGFRIDO REYES MORALES, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.

LORENA GUADALUPE PENA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.

ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ D' AUBUISSON MUNGUIA, THIRD SECRETARY. FOURTH SECRETARY.

SANDRA MARLENE SALGADO GARCIA, IRMA LOURDES PALACIOS VÁSQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.

MIGUEL ELIAS AHUES KARRA, SEVENTH SECRETARY.

NOTE: In compliance with the provisions of Art. 97, paragraph 3 of the Rules of Procedure of this State Authority, it is stated that this Decree was received on 6 July with observations by the President of the Republic, resolving this issue. Legislative Assembly to accept these observations at the Plenary Session of the 15th of July of this year.

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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CESAR HUMBERTO GARCIA AGUILERA Second Secretary

CASA PRESIDENTIAL: San Salvador, at the twenty-three days of the month of July of the year two thousand ten.

PUBestuESE, Carlos Mauricio Funes Cartagena,

President of the Republic.

Hector Miguel Antonio Dada Hirezi, Minister of Economy.

D. O. No. 148 Took No. 388 Date: August 12, 2010.

JCH/adar 3-9-2010