20100396 Legislative Assembly - Republic of EL SALVADOR _ 1 _ index Legislative Decree No. 396 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that according to article 131, ordinal 5 of the political Constitution, corresponds to the legislature interpret authentically the secondary laws;
II.-on November 06, 1997, creating the Legislative Decree Nº 142 which contains the Telecommunications Act, published in the Diario official No. 218, volume no. 337, dated November 21, 1997, whose main objective is to regulate the activities of the telecommunications sector, among others, the regulation of public fixed and mobile telephony services;
III. who by Decree legislative No. 295, of March 4, 2010, published in the official newspaper Nº 67, volume 387, of the 14 of April 2010, has enacted amendments to the Telecommunications Act;
IV.-that despite the prohibition of the payment of charges or fees in respect of air time, various mobile operators, leaning on a misleading interpretation of the aforementioned legislative decree No. 295, intend to continue gaining this position, appropriating the right to determine the rate access operator must charge the user for fixed service that initiates the call and prevent that end-users enjoy benefits , such as one fixed rate less than the maximum laid down in Decree No. 295; the Elimination of distortion in prices and operating within a framework of healthy competition;
V-which to avoid misleading interpretations and to ensure that consumers effectively enjoy the benefits in the Legislative Decree No. 295, it is convenient to interpret authentically the literal c) article 2 of legislative decree referred.
Therefore, use of his constitutional powers and at the initiative of the deputies Jose Francisco Merino López, Francisco Roberto Lorenzana Duran, Irma Lourdes palaces Vásquez, Rodolfo Antonio Parker Soto and Jose Nelson saved Menjivar.
DECREES: Article 1.-is interpreted authentic letter c) of Art. 2 of the Decree legislative No. 295, of March 4, 2010, published in the Official Journal No. 67, volume 387, dated April 14, 2010, in the following terms: in the case of a call from a terminal fixed to a mobile terminal service the user fee is determined exclusively by the operator of the network of access from which starts the call; Consequently, the destination network may not charge the user who originates or receives Legislative Assembly - Republic of EL SALVADOR _ 2 _ legislative index call, any charge or fee in respect of time air or use of additional network in charge of interconnection of termination on mobile network.
Article 2.-This authentic interpretation is incorporated into the text of the article 2 of the Decree legislative No. 295, dated March 4, 2010, published in the Official Journal No. 67, volume 387, dated April 14, 2010.
Article 3.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-four days after the month of June of two thousand ten.
CIRO CRUZ ZEPEDA PENA, PRESIDENT.
OTHON SIGFRIDO REYES MORALES, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ d'AUBUISSON, Third Secretary. FOURTH SECRETARY.
SANDRA MARLENE SALGADO GARCIA, IRMA PALACIOS LOURDES VASQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MIGUEL ELIAS AHUES KARRA, SEVENTH SECRETARY.
Note: In compliance with the provisions of article 97, subsection 3rd of the Interior regulation of this organ of the State, it is noted that this Decree was received on July 6 with remarks by the President of the Republic, solving this legislature accept these remarks at the plenary session on July 15 of this year.
Legislative Assembly - Republic of EL SALVADOR _ 3 _ index legislative CESAR HUMBERTO GARCIA AGUILERA Second Secretary House presidential: San Salvador, twenty-three days of the month of July in the year two thousand ten.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Héctor Miguel Antonio given Hirezi, Minister of economy.
D. o. No. 148 volume no. 388 date: August 12, 2010.