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ORGANICA ACT
DE
TELECOMMUNICATIONS
T E R C E R S U P L E M E N T O
Year II-Nº 439
Quito, Wednesday February 18, 2015
Value: US$ 1.25 + VAT
ING. HUGO DEL POZO BARREZUETA
DIRECTOR
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At the service of the country since July 1, 1895
2 -- Third Supplement -- Official Registration No. 439 -- Wednesday, February 18, 2015
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
Office No. SAN-2015 -0263 Quito, February 12, 2015 Engineer Hugo Del Pozo Barrezueta Director of the Official Register In his office Of my considerations: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the DRAFT ORGANIC LAW OF TELECOMMUNICATIONS. In sessions of 3 and 10 February 2015, the plenary session of the National Assembly met and spoke on the partial objection presented by the Constitutional President of the Republic. As stated above; and, as provided for in Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, it accompanied the text of the ORGANIC LAW OF TELECOMMUNICATIONS, to be used publish it in the Official Record.
Atently,
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
CERTIFICATION
In my capacity as General Secretariat of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the "DRAFT ORGANIC TELECOMMUNICATIONS LAW", in the first debate on November 6 and 11, 2014; in second debate on December 17, 2014, and delivered on the partial objection of the Constitutional President of the Republic on 03 and 10 February 2015. Quito, February 12, 2015
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
Third Supplement -- Official Registration No. 439 -- Wednesday, February 18, 2015 -- 3
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING
What, article 261 of the Constitution of the Republic, determines that the Central State will have exclusive powers over: ... "10. Radio spectrum and the general communications and telecommunications regime; ports and airports. "; Which, in accordance with Article 313 of the Constitution, are considered to be strategic sectors of energy in all its forms, telecommunications, non-renewable natural resources, transportation and refining of hydrocarbons, biodiversity and genetic heritage, radio spectrum, water, and others determining the law, reserving the state, the the right to manage, regulate, control and manage strategic sectors; That, the Constitution of the Republic in its article 408, determines that the radio spectrum is a natural resource of inalienable, imprinted and unembargable property of the State; That, according to article 314 of the Constitution of the Republic, the State shall be responsible for the provision of public services, among others, for telecommunications and will provide that the prices and rates of these public services are equitable, establishing their control and regulation the Constitution of the Republic in its Article 16, enshrines the right of all persons individually or collectively to access on an equal basis to the use of radio spectrum frequencies for the management of public, private and Community radio and television stations, and free bands for the use of radio spectrum. exploitation of wireless networks; That, as enshrined in Article 17 of the same Magna Carta, the State will foster plurality and diversity in communication, and indeed ensure allocation, through transparent and transparent methods. on a level playing field, on radio spectrum frequencies, for the management of public, private and community radio and television stations, as well as access to free bands for the operation of wireless networks, and will ensure that collective interest prevails in their use; What, Article 315 of the Constitution of the Republic provides that the State shall constitute public enterprises for the management of strategic sectors, the provision of public services, the sustainable use of natural resources or of public goods and the development of other economic activities and that public enterprises will be under regulation and control specific to the relevant agencies, according to the law, establishing for the effect that, the law will define the participation of public enterprises in joint ventures
in which the State will always have the majority share, for the participation in the management of the strategic sectors and the provision of public services; That, in accordance with Article 316 of the Constitution of the Republic, the State may delegate participation in the strategic sectors and public services to joint ventures in which it has a majority shareholding. The delegation will be subject to the national interest and will respect the deadlines and limits set in the law for each strategic sector, and exceptionally, it will be able to delegate to the private initiative and the popular and solidarity economy, the exercise of these activities, in cases established by law; Which, by Resolution No. 1 of the Constitutional Court, published in the Official Register Supplement 629 of 30 January 2012, are interpreted articles 315 and 316 distinguishing the management of the administration, regulation and control by the State and determining the role of public enterprises What, article 84 of the Constitution of the Republic determines that the National Assembly and any body with regulatory power will have the obligation to adapt, formally and materially, the laws and other rules legal rights provided for in the Constitution and international treaties and those necessary to guarantee the dignity of the human being or of the communities, peoples and nationalities. In no case, the reform of the Constitution, the laws, other legal norms, nor the acts of public power will strike against the rights that the Constitution recognizes; What, the Transitional Provision THIRD of the Constitution of the Republic determines that the existing superintendencies will continue in operation until the legislative body issues the corresponding laws; What, Article 133, numeral 2 of the Constitution of the Republic, states that they will have the of organic laws governing the exercise of rights and guarantees constitutional; and, In exercise of the privileges conferred by article 120 of the Constitution, issue the following:
ORGANIC TELECOMMUNICATIONS LAW
TITLE I GENERAL PROVISIONS
CHAPTER I Preliminary Considerations
Article 1.-Object. This Act is intended to develop, the general telecommunications and radio spectrum regime as strategic sectors of the State that comprises the
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administration, regulation, control and management powers throughout the national territory, under the principles and rights constitutionally established. Article 2.-Scope. This Law shall apply to all activities of the establishment, installation and operation of networks, use and exploitation of radio spectrum, telecommunications services and all natural persons, or (a) legal entities carrying out such activities in order to ensure compliance with the rights and duties of service providers and users. The networks and infrastructure used for the provision of radio and television broadcasting services and the networks and infrastructure of the audio and video systems by subscription are subject to the provisions of this Law. It does not correspond to the object and scope of this Law, the regulation of content. Article 3.-Objectives. These are objectives of this Law: 1. Promote the development and strengthening of the sector of
telecommunications. 2. Foster national and international investment, public
or private for the development of telecommunications. 3. Encourage product industry development and
telecommunications services. 4. Promote and encourage the convergence of networks,
services and equipment. 5. Promote the deployment of
telecommunications networks and infrastructure, which include subscription audio and video and the like, under the implementation of national, national, and national regulatory, technical standards related to Networking, soterment and mimetization.
6. To promote the country's networks of
high speed and capacity telecommunications, distributed in the national territory, that allow the population among other services, access to broadband Internet service.
7. Establish the legal framework for the provision of the
public telecommunications services as the responsibility of the Central State, subject to the constitutionally established principles and those outlined in this Law and regulations as well as establishing the mechanisms of delegation of the strategic sectors of telecommunications and radio spectrum.
8. To establish the legal framework for the emission of regulation
ex ante, that allows to contribute in the promotion, promotion and preservation of the conditions of
competition in the corresponding markets in the field of telecommunications, a way to reduce tariffs and improve the quality of the provision of telecommunications services.
9. Establish the right conditions to ensure the right to access to the best quality telecommunications public services for the
citizens, with fair prices and rates and to choose them freely as well as information precise and not misleading about its content and characteristics.
10. Establish the scope of quality control and the
procedures for the defense of the users of telecommunications services, the penalties for the violation of these rights, the reparation and compensation for deficiencies, damages or bad quality of services and the interruption of public telecommunications services that is not caused by chance or force majeure.
11. Ensure the allocation through methods
transparent and in equal conditions of radio spectrum frequencies that are attributed for the management of radio and television stations, public, private and community. as access to free bands for the exploitation of wireless networks, ensuring that in their use the collective interest prevails and under the principles and norms governing the equitable distribution of the radio spectrum.
12. Promote and monitor the effective and efficient use of the
radio spectrum and other limited or limited telecommunications resources and ensure the proper management and administration of such resources, without allowing oligopoly or monopoly direct or indirect use of frequencies and hoarding.
13. Encourage technology neutrality and neutrality of
network. 14. Ensure that the rights of individuals,
especially those that constitute priority care groups, are respected and satisfied in the field of this Law.
15. Facilitate access for users with disabilities to
telecommunications services, the use of terminal equipment, and exemptions and tariff benefits to be determined in the current Legal Order.
16. Simplify procedures for granting
enabling titles and activities related to your administration and management.
17. Establish coordination mechanisms with
agencies and entities of the State to address issues related to the telecommunications sector in terms of State security, emergencies, and the provision of information for research judicial, in due process.
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Article 4.-Principles. The administration, regulation, control and management of the strategic sectors of telecommunications and radio spectrum will be carried out in accordance with the principles of environmental sustainability, precaution, prevention and efficiency. The provision of public telecommunications services will respond to the constitutional principles of enforcement, generality, uniformity, efficiency, responsibility, universality, accessibility, regularity, continuity and quality as well as to the principles of solidarity, non-discrimination, privacy, universal access, transparency, objectivity, proportionality, priority use to promote and promote the information and knowledge society, innovation, prices and tariffs cost-oriented, infrastructure-efficient and cost-oriented scarce resources, technological neutrality, net neutrality and convergence. Article 5.-Telecommunications definition. Telecommunications means any transmission, emission or reception of signs, signals, texts, video, images, sounds or information of any kind, by wire, optical or wireless systems, invented or invented. This definition does not have a taxative character, therefore, any means, modality or type of transmission derived from technological innovation will be included in it. Article 6.-Other Definitions. For the purposes of this Law, the following definitions apply: Radio Spectrum.- Set of electromagnetic waves propagated through space without the need for artificial guidance used for the provision of services Telecommunications, radio and television broadcasting, security, defence, emergencies, transport and scientific research, among others. Its use shall be in accordance with constitutional principles and provisions. Station.- One or more transmitters or receivers or a combination of transmitters and receivers, including ancillary facilities, necessary for the operation of a service linked to the use of radio spectrum. Essential Frequencies.- Frequencies intimately linked to the systems and networks involved in the provision of a service, used for the access of the users to the service, by means of terminal equipment. Non-essential frequencies.- Frequency linked to telecommunications systems and networks not considered as essential frequencies. Approval.- This is the process by which a terminal equipment of a class, brand, and model is subjected to technical verification to determine whether it is suitable for operating in a specific telecommunications network.
Non- ionising.- For the purposes of this Law, it shall be understood as the radiation generated by the use of radio spectrum frequencies which is not capable of directly imparting energy to a molecule or even an atom, so that can remove electrons or break chemical bonds. Broadcasting.- Service whose emissions are intended to be received directly by the general public, covering noise, television or other issues. Subscription audio and video system.- Subscription service, which transmits and eventually receives image, sound, multimedia and data signals intended exclusively for a particular audience of subscribers. The technical terms used in this Undefined Law, will have the meaning adopted by the International Telecommunication Union (ITU), by the international conventions and treaties ratified by Ecuador, or in its defect, to the the General Regulations to this Law and the respective regulations.
CHAPTER II Competences
Article 7.-Powers of the Central Government. The State, through the Central Government, has exclusive powers over the radio spectrum and the general telecommunications regime. It has the right to administer, regulate and control the strategic sectors of telecommunications and radio spectrum, which includes the power to issue national policies, plans and technical standards, of compliance in all the levels of government of the State. The management, understood as the provision of the public telecommunications service, shall be performed in accordance with the constitutional provisions and the provisions of this Law. It has exclusive and exclusive competence to determine and collect the securities which, by way of use of the radio spectrum or rights by concession or assignment correspond. Article 8.-Delivery of services in the State of Exception. In case of aggression; international or internal armed conflict; serious internal commotion, public calamity; or natural disaster or national, regional or local emergency, when the Executive Decree of State of Exception issued by the President or President of the Republic, involving the need for the use of telecommunications services, providers operating public telecommunications networks have the obligation to allow direct and immediate control by the entity This is the case for the national defence, the telecommunications services in the affected area. Such control will cease when the State declaratory of
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Exception as provided for in Article 166 of the Constitution of the Republic of Ecuador and the State of Exception Decree. The Central Government through the Telecommunications Regulatory and Control Agency will regulate the scope, rights, obligations, payment of the fair value of the service used as well as the procedure to be implemented through the corresponding protocol. Within the obligations of providers of telecommunications, broadcasting and television services and subscription audio and video systems, the dissemination of alerts provided by the competent authority, which is provided by its services, is included. allow, for national security or natural disaster cases as well as other actions and obligations to be established within that scope.
TITLE II NETWORKS AND SERVICES
CHAPTER I Setting and operating networks
Article 9.-Networks Telecommunications. Means of telecommunications networks to systems and other resources enabling the transmission, emission and reception of voice, video, data or any type of signal, by means of physical or wireless means, regardless of the content or information submitted. The establishment or deployment of a network comprises the construction, installation and integration of the active and passive elements and all activities until it becomes operational. In the deployment of telecommunications networks and infrastructure, including subscription audio and video and the like, telecommunications service providers will give strict compliance to national technical and political standards, which will be issue for the effect. In the case of physical networks, the deployment and laying will be carried out through underground pipelines and chambers according to the policy of ordering and underling of networks issued by the Ministry of Telecommunications and the Society of the Information. The central government or the decentralized autonomous governments will be able to carry out the necessary works so that the telecommunications networks and infrastructure are deployed in an orderly and well-grounded manner, for which the Telecommunications and the Information Society shall establish national technical policy and regulations for the setting of fees or consideration to be paid by service providers for the use of such infrastructure. In the case of wireless networks, the policies and standards of precaution or prevention, as well as of mimetization and reduction of visual pollution, must be complied with.
Decentralized autonomous governments, in their local regulations, will observe and will comply with the technical standards issued by the Agency for the Regulation and Control of Telecommunications as well as the policies issued by the Ministry of Telecommunications and the Information Society, favoring the deployment of the networks. According to its use the telecommunications networks are classified in: (a) Telecommunications Public Networks (b) Private Telecommunications Networks Article 10.-Public telecommunications networks. Any network on which the provision of a public telecommunications service depends; or is used to support services to third parties shall be considered a public network and shall be accessible to telecommunications service providers which are require, in the terms and conditions laid down in this Law, its general rules of application and regulations issued by the Agency for the Regulation and Control of Telecommunications. Public telecommunications networks will tend to an open network design, this is without proprietary protocols or specifications, in such a way that interconnection, access and connection are permitted and comply with the fundamental technical plans. Public networks may support the provision of several services provided that they have the respective enabling title. Article 11.-Establishment and exploitation of public telecommunications networks. The establishment or installation and operation of public telecommunications networks requires obtaining the corresponding enabling title granted by the Telecommunications Regulatory and Control Agency. Public telecommunications network operators shall comply with the basic technical plans, technical standards and specific regulations related to the implementation of the network and its operation in order to ensure their interoperability. with the other public telecommunications networks. The Telecommunications Regulatory and Control Agency shall regulate the establishment and operation of public telecommunications networks. It is the power of the Central State, through the Ministry of Telecommunications and the Information Society and the Agency for the Regulation and Control of Telecommunications, in the field of their respective competences, to establish the policies, requirements, standards and conditions for the deployment of wireless and wireless telecommunications infrastructure at national level. Depending on the power of the central government as regards the deployment of telecommunications infrastructure, decentralised autonomous governments will have to make mandatory compliance with
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the policies, requirements, deadlines, rules, and conditions for the deployment of wired and wireless infrastructure telecommunications at national level, to be issued. With regard to the payment of fees and consideration that for this purpose it is appropriate to fix to the autonomous autonomous governments cantonal or district, in exercise of their power of regulation of use and management of the ground and the airspace subject to the policy and technical regulations issued for the purpose by the Ministry of Communications and the Information Society. Article 12.-Convergence. The State shall promote the establishment and operation of networks and the provision of telecommunications services that promote the convergence of services, in accordance with the public interest and the provisions of this Law and its regulations. The Telecommunications Regulatory and Control Agency shall issue regulations and standards that enable the provision of various services on the same network and effectively promote the convergence of services and promote development. The technology of the country, under the principle of technological neutrality. Article 13.-Private telecommunications networks. Private networks are those used by natural or legal persons in their exclusive profit, for the purpose of connecting different facilities of their property or under their control. Its operation requires a registration to the Agency for the Regulation and Control of Telecommunications and in the event of the use of radio spectrum frequencies, the respective enabling title. Private networks are designed to meet the needs of the holder, which excludes the provision of such services to third parties. The connection of private networks shall be subject to the rules to be issued for that purpose. The Telecommunications Regulatory and Control Agency will regulate the establishment and use of private telecommunications networks.
CHAPTER II Telecom Services Delivery
Article 14.-Management Forms. Subject to the provisions of the Constitution of the Republic, the public telecommunications services are provided directly by the State, through public telecommunications or indirect companies through delegation to enterprises of mixed economy in which the State has the majority share or the private initiative and the popular and solidarity economy. Article 15.-Delegation. The Telecommunications Regulatory and Control Agency, to grant enabling titles by delegation, will consider the following:
a. For mixed-economy enterprises in which the State has the majority share, the granting of securities for the use or exploitation of radio spectrum or for the provision of public telecommunications services subject to the national interest and respect the deadlines and limits set forth in this Law and in the regulations that the Agency for the Regulation and Control of Telecommunications will issue for the effect.
b. For the case of State-owned public enterprises
of the countries that are part of the international community, the delegation for the use or exploitation of the radio spectrum or for the provision of public services telecommunications, it can be done directly. In all cases, the delegation will be subject to the national interest and will respect the deadlines and limits set in this Law and in the regulations that the Agency for the Regulation and Control of Telecommunications will issue for the effect.
c. For the private initiative and the popular economy and
solidarity, enabling titles will be awarded for the provision of public telecommunications services and for the use of the radio spectrum associated with this provision, in the following cases:
1. When necessary and appropriate to satisfy the
public, collective, or general interest;
2. Where the demand for the service cannot be covered by public or mixed companies in which the State has a majority shareholding;
3. When the State does not have the technical capacity or
economic;
4. Where telecommunications services are being provided under competition by public and private telecommunications undertakings;
5. When necessary to promote
competence in a given market; and,
6. To ensure the right of users to have the best quality telecommunications utilities at fair prices and rates.
The concurrency of causes for the delegation is not required. The provision of enabling securities and their renewal for broadcasting services will be subject to the provisions of the Organic Law of Communication. Article 16.-Telecommunications Reserved to National Security. For the conduct of telecommunications activities necessary for the security and defense of the State, radio spectrum frequencies will be reserved according to the National Frequency Plan, whose competence
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corresponds to the Telecommunications Regulatory and Control Agency; the use, management and administration of such frequencies it shall be the responsibility of the competent bodies and bodies in the field of security and defence. However, in such cases, the Telecommunications Regulatory and Control Agency shall exercise the regulatory and control powers laid down in this Law. Article 17.-Internal communications. It shall not be required to obtain an enabling title for the establishment and use of networks or facilities intended to facilitate internal intercommunication in buildings or housing, public or private, residential or commercial, always That: 1. Telecommunications services are not provided to
third parties; 2. Other telecommunications networks,
public or private; 3. Do not affect the provision of services of
telecommunications; or, 4. Radio spectrum is not used and operated. However, such installation and use by natural or legal persons shall be subject to the applicable law and regulations and, in the case of the commission of infringements, the penalties to be imposed shall be imposed. Article 18.-Use and Exploitation of Radio Spectrum. The radio spectrum constitutes a good of the public domain and a limited resource of the State, inalienable, imprescriptible and inembargable. Its use and exploitation requires the prior granting of an enabling title issued by the Agency for the Regulation and Control of Telecommunications, in accordance with the provisions of this Law, its General Regulations and regulations that it issues the Agency for the Regulation and Control of Telecommunications. The frequency bands for the allocation to public, private and community radio and television broadcasting stations will observe the provisions of the Organic Law of Communication and its General Regulation. article 19.-Home. Enabling securities for the provision of telecommunications services, the use or exploitation of radio spectrum and the establishment and operation of telecommunications networks may be granted to natural persons resident or legal. Ecuador, which complies with the technical, economic and legal requirements outlined in this Law, its general rules of application and the Regulation to Grant Enabling Titles to be issued by the Agency for the Regulation and Control of Telecommunications. The enabling titles for the use of radio spectrum frequencies for broadcasting services and subscription audio and video systems will be awarded
in accordance with the provisions of the Organic Law of Communication, its General Regulation and regulations issued by the Agency for the Regulation and Control of Telecommunications. Article 20.-Obligations and Limitations. The Telecommunications Regulatory and Control Agency will determine the specific obligations to ensure the quality and expansion of telecommunications services as well as their provision under preferential conditions to ensure equal access or to establish the limitations required for the satisfaction of the public interest, all of which will be mandatory. Public undertakings providing telecommunications services and natural or legal persons delegated to provide such services shall comply with the obligations laid down in this Law, their general rules and the rules issued by the Telecommunications Regulatory and Control Agency to ensure the quality, continuity, efficiency, price and fair rates and efficiency of public services.
TITLE III RIGHTS AND OBLIGATIONS
CHAPTER I Subscribers, clients, and users
Article 21.- Definition and type of users. User is any natural or legal person consuming telecommunications services. The user who has entered into a contract of accession with the Telecom service provider, is called a subscriber or subscriber and the user who has negotiated the clauses with the Prestador is called Customer. In the negotiation of the clauses with the customers, none of the rights of the users will be affected in general, nor will they be able to include terms in detriment of the economic conditions of the users in general. Article 22.-Rights of subscribers, customers and users. Subscribers, customers and users of telecommunications services will be entitled to: 1. To have and receive the services of
contracted telecommunications on a continuous, regular, efficient, quality and efficient way.
2. To freely choose the service provider, the service plan
, as well as the hiring mode and the terminal equipment on which you will receive the contracted services.
3. The secrecy and inviolability of the contents of their
communications, with the exceptions provided for in the Law.
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4. To the privacy and protection of your personal data,
by the provider with whom you contract services, subject to the current legal order.
5. To obtain accurate, free and non-misleading information
on the characteristics of the services and their rates. The information will also be provided in the language of the predominant intercultural relation of the subscriber, client or user, in accordance with the regulations that the Agency for the Regulation and Control of Telecommunications issues for the effect.
6. Free of charge for
emergency call services, plan information, rates and prices, balances, and other information services to be established by the Telecommunications Regulatory and Control Agency.
7. To obtain, in seconds unit, the measurement of the
contracted service, when it comes to telephony services in all its modes.
8. Accurate, timely, clear billing and assessment
requires, in accordance with applicable rules; no rounding mode is permissible. The delivery of invoices or statements of account may be made at home or by electronic means, at the choice of the subscriber, client or subscriber.
The delivery of invoices or statements of account over the Internet, e-mail or any other Digital or electronic means will not cost and will proceed only after express and written acceptance of the subscriber, client or subscriber, in which, the same manifest its approval to replace the physical delivery of its invoice.
9. To pay rates according to the
regulations and the contracted plans, if any.
10. To be informed by your provider in a timely manner about the
interruption, suspension or breakdown of contracted services and their causes.
11. To obtain from their provider compensation for the
contracted and unreceived services, for deficiencies in the same or the drawback of unduly charged securities.
12. To ensure compliance with the
constitutional, legal and regulatory rights of subscribers, customers and users, in accordance with the general conditions or the case, models approved and published by the Agency Regulation and Control of Telecommunications.
13. To the attention and timely resolution of requests and
claims related to the provision of contracted services in accordance with applicable regulations.
14. To require contracted service providers,
compliance with applicable quality parameters.
15. To the portability of the number and to retain their number in the case of Telecommunications Services using numerical resource, in accordance with the provisions of this Law and applicable regulations.
16. To receive annually, free of charge and in the middle
an updated subscriber guide to the fixed telephony service, electronic, issued by the service provider contracted. All subscribers shall have the right to appear in those guides and to a free national information service on their content. Subscribers shall also be entitled to the free exclusion of their personal data from such guides.
17. To be provided adequate and timely
protection by competent bodies, against legal, contractual or regulatory breaches committed by telecommunications service providers or by any other person who violates the rights established in this Law and the applicable regulations.
18. Access any application or service allowed
available on the internet network. Providers may not limit, block, interfere, discriminate, hinder or restrict the right of their users or subscribers to use, send, receive or offer any content, application, development or legal service through the Internet or in general of their networks or other information and communications technologies, nor may they limit the right of a user or subscriber to incorporate or use any class of instruments, devices or devices on the network, provided they are legal. Except for cases where the client, subscriber or user requests in advance their express decision of limitation or blocking of contents, applications, developments or services available, or at the disposal of competent authority. Providers can implement the technical actions that they consider necessary for the proper administration of the network in the exclusive scope of the activities that were enabled for them, for the purpose of guaranteeing the service.
19. To maintain the provision conditions of
contracted services; unilateral changes to service delivery contracts, will be considered null and will have no value.
20. To terminate unilaterally the contract of adhesion
subscribed with the service provider in any time, after notification, with at least fifteen (15) days of anticipation, as provided in the Organic Law of Defense of the Consumer and without it being obliged to cancel fines or surcharges of securities of any kind, except outstanding balances for services or goods requested and received.
21. To report to the competent authorities the
breaches or violations of their rights by the providers.
22. To the accumulation and utilization of balances in the
Telecom Services capability,
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regardless of the hiring modalities, in accordance with the regulations that the Regulatory Agency issues for the effect Control of Telecommunications.
23. To have information about health hazards that
can be generated as a result of network installation and operation.
24. Not receiving bulk or individual messages or
calls for direct, commercial, advertising, or proselytizing purposes, which have not been previously and expressly authorized by the customer, subscriber or user.
principles of progressiveness and non-regression, new rights may be established in favour of users and subscribers or regular application of those established in this Law, without undermining or diminishing them. The rights of the subscribers and users indicated do not exclude others which are established in the current legal order. These rights are extensive to subscribers, customers and users of the audio and video systems by subscription, as far as they are applicable. Article 23.-Obligations of subscribers, customers and users. The subscribers, customers, and users of the telecommunications services are required to: 1. Meet the terms of the service contract
services held with the provider, regardless of their mode.
2. Adopt the measures suggested by the provider of
services to safeguard the integrity of the network and communications, without prejudice to the responsibilities of the providers.
3. Pay for services contracted under the
service delivery contract and the provisions of the existing legal order.
4. Comply with the registration obligations or
identity record, such as providing your personal identification data associated with the line or telephone number, in accordance with the regulations that are issued.
5. Do not make alterations to equipment that may
cause interference or damage to telecommunications networks and services in general.
6. Do not use contracted services to perform
fraud or damage to your provider or third parties. 7. Make use of emergency services,
respecting the rights of others and public order.
8. Do not make calls or send messages for direct, commercial, advertising or proselytizing purposes, which have not previously been accepted by the recipient.
9. The others that are in the legal order
in force or that are established by the Agency for the Regulation and Control of Telecommunications.
The obligations set out in this article are extensive to the subscribers,
CHAPTER II
Telecom Services Prestors Article 24.-Obligations of telecommunications service
. These are the duties of telecommunications service providers, regardless of the enabling title of which such a character is derived, the following: 1. Ensuring equal and non-discriminatory access toany person who requires its services. 2. To provide the service in a mandatory, general,
uniform, efficient, continuous, regular, accessible and responsible manner, complying with the regulations that the Agency for the Regulation and Control of Telecommunication and the established in the enabling titles.
3. Comply with and respect this Law, its regulations, the
technical plans, technical standards and other general or particular acts issued by the Telecommunications Regulatory and Control Agency and the Ministry of Telecommunications and the Information Society as well as the provisions of the enabling titles.
4. Respect the rights of users established in
this Law and in the current legal order. 5. Meet the tariff regulations. 6. Provide in clear, precise, true, complete
and timely all the information required by the Telecommunications Regulatory and Control Agency or the Ministry of Telecommunications and the Information Society, in the the scope of its powers, in the formats, deadlines and conditions laid down by those authorities.
7. Provide the facilities required for the exercise of the
control work. 8. Ensure that their subscribers, customers and users
maintain their number in accordance with the guidelines, terms, conditions and deadlines set for this purpose by the Telecommunications Regulatory and Control Agency.
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9. Comply with universal access obligations and
universal service determined in the corresponding enabling titles.
10. Pay within the established time limits their obligations
economic such as the granting, authorization, rate, fee, contribution, or other securities that correspond.
11. Implement the access, free of charge, to the
emergency services, determined by the Telecommunications Regulatory and Control Agency and in additional form for the case of services such as advanced mobile service, comply with the delivery of information related to the approximate geographic location of a call.
12. Comply with the obligations of interconnection, access
and occupation in accordance with this Law, its General Regulation and the technical standards and respective provisions.
13. To ensure the secrecy and inviolability of the
communications through telecommunications networks and services, without prejudice to exceptions established in law.
14. Take the necessary measures for the protection of
the personal data of its users and subscribers, in accordance with this Law, its General Regulation and the respective technical standards and regulations.
15. Adopt measures to ensure the security of the
networks. 16. Observe and comply with the policies and standards in the field
of soterration, ordering, mimetization of antennas and in general in the aspects related to the deployment of telecommunications networks and infrastructure as well as to pay the fees which are generated by the use of ducts, cameras or other infrastructure for the underside, network and infrastructure management or mimetization. The installation of antennas for the use of subscribers/clients/users in the provision of the service shall be carried out in areas that cause the least visual impact and cannot be visible on front facades of the buildings or dwellings. In the event of non-compliance with this obligation, the Agency for the Regulation and Control of Telecommunications shall provide service providers, at the same time, to relocate such infrastructure within the time limit determined by the Agency, without prejudice to the application of this Regulation. of the appropriate sanction.
17. Do not limit, block, interfere, discriminate,
hinder, prioritize or restrict the right of your users or subscribers to use, send, receive or offer any content, application, development or legal service over the Internet or in general of their networks or other information and communications technologies, nor may they limit the right of a user or subscriber to incorporate or use any class of instruments, devices or devices on the network, provided they are legal, except for the derogations provided for in the rules in force. Except
cases in which the client, subscriber or user requests in advance their express decision of limitation or blocking of contents, or at the disposal of competent authority. Providers can implement the technical actions that they consider necessary for the proper administration of the network in the exclusive scope of the activities that were enabled for them to guarantee the service.
18. Measure, assess and correctly bill the consumption of
the telecommunications services provided in accordance with this Law, its General Regulation and the respective technical standards and regulations.
19. Ensure the timely attention and resolution of the
claims made by their subscribers or users, as long as they are in the enabling regulations or titles.
20. To inform the Agency of Regulation and Control of the
Telecommunications on essential modifications to the conditions of the networks, to the conditions of interconnection, access or occupation and to the delivery of the services according to applicable regulations.
21. To provide the Regulatory and Control Agency of
the Telecommunications when required, the information regarding the regulatory-administrative accounting for services, in accordance with the regulations to be established for the effect. Cross-subsidies are prohibited, except for the exception provided for in this Law for the universal service.
22. Implement collection, reuse, and
handling of technology waste including disused infrastructures, in accordance with relevant regulations and regulations.
23. Comply with the standards on radiation emission
non-ionising and safety rules related to the use of radio spectrum.
24. Count on contingency plans, to execute them in
cases of natural disasters or internal shock to ensure continuity of service in accordance with the respective regulations. It shall also comply with the services required in emergency cases, such as free calls, provision of ancillary services for public and state security and any other service to be determined by the competent authority of conformity with the Law.
25. Preserve information related to the provision
of telecommunications services, under the conditions and for as long as the respective regulations are available.
26. Implement special plans for people with
disability in compliance with the provisions of the Organic Disabilities Act.
27. Provide accurate, free and no
misleading information about the features of services and their fees. The information will also be provided in the
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The subscriber's predominant, client or user's predominant cross-cultural relationship language, in accordance with regulations for the effect of the Telecommunications Regulatory and Control Agency.
28. The other obligations set out in this Act, its
General Regulation, technical standards and other general or particular acts issued by the Telecommunications Regulatory and Control Agency and the enabling titles.
obligations set out in this Article are extensive to providers of audio and video by subscription, as far as they are applicable. Article 25.-Rights of telecommunications service providers. The rights of telecommunications service providers, regardless of the enabling title of which such a character is derived, the following: 1. Receive timely payment by subscribers,
customers and users by the service delivery, in accordance with the respective contract.
2. Suspend the service provided for non-payment of the
subscribers or customers or illegal use of the qualified service by competent authority, upon notification to the subscriber or client.
3. Receive from the Agency for Regulation and Control of the
Telecommunications timely and motivated attention to their requests.
4. To maintain the frequencies that have been
allocated, free of interference. 5. Access public information with limitations
set forth in law. 6. Manage the sale and distribution of your services in
direct form or through third parties, by means such as resale, distribution agreements and any other. In no case shall the provider cease to be responsible for the performance of its obligations and shall be subject to the applicable regulations.
TITLE IV EX ANTE SECTORIAL REGULATION FOR THE
PROMOTION, PROMOTION AND PRESERVING COMPETITIVE CONDITIONS
CHAPTER I Regulation Types
Article 26.-Sectoral Regulation. The Agency for Regulatory and Control of Telecommunications, within the scope of its competences, will observe the guidelines for the regulation and principles applicable according to the
legal order in force, in order to contribute to In the case of the Commission, the Commission has taken the view that, in the light of the Commission's decision, the Commission has not yet taken a decision on the matter. Article 27.-Ambition of regulation. The sectoral regulation of telecommunications for the promotion, promotion and preservation of the conditions of competition, at least will be in the fields: technical, economic and access to infrastructure inputs. Article 28.-Economic Regulation. Consistent in taking measures to establish regulated tariffs or prices, to avoid distortions in regulated markets, to prevent the strengthening of market power or to guarantee users ' access to public services. Article 29.-Technical regulation. Consistent in establishing and monitoring the rules to ensure compatibility, quality of service and address issues related to safety and the environment. Article 30.-Regulation of access. Consistent in ensuring non-discriminatory access to necessary inputs, especially infrastructure that is qualified as essential facilities.
CHAPTER II
Market Regulation
Article 31.- Determination of relevant markets. The Agency for the Regulation and Control of Telecommunications, subject to the Regulation of Markets which for the purpose of the approval, will determine at least every two years relevant markets relating to telecommunications services or networks, (a) wholesale as retail and the geographical scope, with the aim of establishing whether such markets are developing in an effective competition environment, the characteristics of which may result in the imposition of the suppliers with the power of market for specific obligations in a proportionate and justified manner. Obligations shall be maintained, modulated or modified in the absence of effective competition or market power, otherwise they shall be abolished. Article 32.-Imposition of obligations. In the Markets Regulation, the conditions for the imposition, modulation, modification or removal of obligations on providers with market power or preponderants shall be established.
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Without prejudice to the Telecommunications Regulatory and Control Agency, establish other obligations in the Regulation of Markets, may be imposed on operators with market power or preponderant and if necessary, their related companies as appropriate, inter alia, the following obligations: 1. Provide accounting information,
technical specifications, network characteristics, conditions of supply and use, including, where appropriate, conditions that may limit access or use of services or applications, as well as prices.
2. Provide timely and complete
information that is required by the Telecommunications Regulatory and Control Agency, in accordance with the formats and periodicity that it determines for the effect.
3. Carry cost accounting or regulatory, in case of
that provides various services, in the format and with the methodology that, if any, determines the Agency for the Regulation and Control of Telecommunications.
4. Pricing and tariffs to promote and
to promote effective competition and benefits for users in terms of prices and quality of services as well as to encourage investment by the service provider. services, in a special way, in new generation networks. The tariff mechanism is included for services within the same network or outside the network (on-net or off-net).
5. Fix interconnection charges that promote
eradication of anticompetitive practices. 6. Service marketing limitations and use of
terminal equipment. 7. Prohibition of subscribing lease contracts
for infrastructure installation. 8. Fixing of symmetric interconnection charges. 9. Fixing of asymmetric interconnection charges. 10. Regulation of symmetric tariffs. 11. Regulation of asymmetric tariffs. 12. Infrastructure sharing obligations. 13. Regulation on the use of trademarks or names
commercial.
Article 33.-Operator with market power and preponderant. You will be considered as an operator with market power, the provider of telecommunications services and subscription services when you have the ability to influence
significantly on the market. This capacity can be achieved individually or in conjunction with others, when by any means they are able to act independently with their competitors, buyers, customers, suppliers, users, distributors or other subjects participating in the market, when effectively controlling, directly or indirectly, the prices on a market or in a particular market segment or geographical area; or, the connection or interconnection to its network. In the Markets Regulation approved by the Telecommunications Regulatory and Control Agency, the criteria for determining whether a service provider has market power in a given relevant market and in other or other markets will be established. markets of relevance which are closely linked, so as to make it possible for the market power in one market to have an impact on the other, thereby strengthening the market power. A preponderance shall be deemed to exist where the provider of telecommunications services and subscription services has more than 50% of subscribers, customers, subscribers, active lines, traffic or others, in a given market or service, in where appropriate, the Agency for the Regulation and the Control of Telecommunications may, by resolution, establish directly the obligations to be justified, as provided for in the preceding Article. Article 34.-Payment by market concentration to promote competition. In order to avoid distortions in the market for telecommunications services and subscription services and to promote competition, private providers which concentrate on the market on the basis of the number of subscribers or customers of the service Licensed, authorized, or registered, they will pay the State a percentage of their total annual revenue according to the following table:
UNTIL PAYMENT
30% 34.99% 0.5%
35% 44.99% 1%
45% 54.99% 3%
55% 64.99% 5%
65% 74.99% 7%
75% On 9% The collection of these securities will be quarterly and will be carried out by the Agency for the Regulation and Control of Telecommunications, in accordance with the regulation that for the effect issue. This obligation is independent of any other obligation under this Law.
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TITLE V
ENABLING TITLES
CHAPTER I Enabling Titles for Delivery
telecommunications services
Article 35.-Telecommunications Services. All telecommunications services are public by constitutional mandate. The providers of these services are enabled for the installation of necessary networks and infrastructure in which the provision of services to their users will be supported. The networks will operate under the principle of regularity, convergence and technological neutrality. Article 36.-Types of Services. They are defined as such for telecommunications and broadcasting services. 1. Telecommunications Services:
services
are supported over telecommunications networks to enable and facilitate the transmission and reception of signs, signals, texts, video, images, sounds or information any nature, to meet the telecommunications needs of subscribers, customers, users.Within the telecommunications services in an exemplary and non-limiting manner, they are cited in fixed and mobile telephony, carriers and value added. Providers of fixed or mobile telephony services may provide other services such as carriers and value-added services that may be supported on their network and platforms, in accordance with the regulation issued for that purpose.
2. Broadcasting Services: It is those that can
transmit, broadcast and receive image, sound, multimedia and data signals, through public, private or community-based stations, based on the provisions of the Organic Law of Communication.
Broadcast services are classified into open and subscription token services.
2.1. Open signal services are the following:
a) Sound Broadcasting: Comprises all
transmission of audio and data signals, which are intended to be received by the general public, free and free; and,
b) Television broadcasting: Comprises all
transmission of audiovisual signals and data, which are intended to be received by the general public, free and free.
2.2. Subscription Services: Those services
of broadcasting that can only be received by users who have previously subscribed to an accession contract.
The Telecommunications Regulatory and Control Agency may adopt new definitions for other services, in the light of technological developments; the Agency will also regulate the terms and conditions of the provision of the services defined above. Article 37.-Enabling Titles. The Telecommunications Regulatory and Control Agency may grant the following enabling titles: 1. Concession: For services such as fixed telephony and
advanced mobile service as well as for the use and exploitation of radio spectrum, by companies of mixed economy, by private initiative and the popular and solidarity economy.
2. Authorizations: For the use and exploitation of the spectrum
radio, by public companies and state institutions. For the provision of subscription audio and video services, for natural and legal persons in private law, the authorization will be used through a permit.
3. Registration of services: Services for whose
registration is required, are among others the following: carrier services, submarine cable operators, radio amateurs, value added, radio communication, networks and activities for private use and resale.
The Agency for the Regulation and Control of Telecommunications, shall determine the values for the payment of concession and registration rights as well as the securities for the payment of authorizations, in the case of securities issued in favour of public undertakings or institutions of the State, not related with the provision of telecommunications services. If necessary, it will also determine the type of rating for other services, not defined in this Law. Services whose enabling title is the registration, in the event of requiring frequencies, must first request and obtain the grant or authorization, as appropriate. For the granting and renewal of the enabling titles of broadcasting and audio and video systems by subscription, the requirements and procedures laid down in the Organic Law of Communication, its General Regulation and the regulations that For the purpose, the Agency for the Regulation and Control of Telecommunications. Article 38.-General Enablement. It is the instrument issued through resolution by the Agency for the Regulation and Control of Telecommunications, once the requirements established in the current legal system have been met, in which the terms will be established, the conditions and time limits approved, shall also incorporate, if necessary, the use and exploitation of the respective bands of essential radio spectrum frequencies necessary for the provision of the service.
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General enablement will be granted for the provision of telecommunications services such as fixed telephony and service advanced mobile and will be used through concessions or authorizations, as appropriate. Service providers with a general rating may also provide other services, such as carrier and value added services, in an exemplary and non-limiting manner, for the provision of which is required only registration of services. Additional services to be authorized shall be incorporated through Annexes to the General Enablement. The Agency for Regulation and Control of Telecommunications, through its Directory, reserves the powers of interpretation, clarification and early termination of the enabling titles, for which it must motivate its actions. Article 39.-General conditions of public companies for the provision of services. They are granted by means of authorisation and instrument of accession, in favour of public undertakings constituted for the provision of telecommunications services which comply with the requirements laid down by the Agency for the Regulation and Telecommunications. Such authorization shall be signed by the Executive Director and accepted by the legal representative of the public undertaking concerned. The enabling title will be entered in the Public Telecommunications Registry. Public companies, in order to guarantee the general interest and compliance with the principles of public service enshrined in the Constitution of the Republic, will be subject to this Law, its General Regulation and the regulations and actions of the control of the Agency for the Regulation and Control of Telecommunications, as determined by the Constitution of the Republic. Without prejudice to which public undertakings shall enjoy the exemptions, exceptions, exonerations and prerogatives established in the laws. Public undertakings and public entities for the provision of telecommunications services shall be obliged to pay for the rights, fees, contributions and other obligations laid down in this Law, except for the following: 1. granting or renewal of enabling titles. 2. By granting or renewing authorization of
frequencies for use and exploitation. However, the public telecommunications undertakings must comply with the public policy issued by the telecommunications operator and with the obligations of a social, universal service or a universal service. the implementation of public policies by the Agency for the Regulatory and Control of Telecommunications to establish the allocation of radio spectrum carried out by the State. These obligations are independent of those related to the contribution to the Telecommunications Development Fund.
Article 40.-Grant and Renewal Criteria. For the granting and renewal of the enabling titles for the provision of services to joint ventures, organizations of popular and solidarity economy and private companies, the Agency for the Regulation and Control of Telecommunications consider the need to address: to technological development, to the evolution of the markets, to the National Plan of Telecommunications, to the needs for the sustained development of the sector and the State and the universal access to the technologies of information and communication, as well as to the effective satisfaction of the public or general interest. It may refuse to grant or renew such securities in the light of the regulations, provisions or policies to be issued for that purpose, prior to the application for the granting of the enabling title or its renewal. Given the nature of the granting of enabling securities for the provision of telecommunications services and the use of radio spectrum, as well as its renewal, the institution of positive administrative silence does not apply. Prior to the issuance of the renewal decision, compliance with the terms and conditions of the enabling title which is to be established shall be assessed, for which the Agency for the Regulation and Control of Telecommunications shall issue the report. respective. The renewal of the qualifying titles shall be for a period equal to the originally granted and may be carried out under an updated legal regime in accordance with the technological evolution of the service and market situation. In the case of applications for the granting of new qualifications, it must be assessed whether any undertaking or group of undertakings connected with the applicant for the title provides the same service or similar services and the effects it may have. on the market the granting of the new enabling title required; for this purpose, a sworn statement on linkage must be submitted. Article 41.-Registration of Services. The registration shall be granted by a duly motivated administrative act, issued by the Executive Director in accordance with the procedure and the requirements laid down in the regulations adopted by the Agency for Regulation and Control of Telecommunications for the granting of enabling titles. This register shall also include a declaration by the provider of the legal order in force and the corresponding rules. In any event, the processing of the registration procedures must be carried out within a period of twenty working days, counted from the filing of the application, with all the requirements that correspond to the corresponding effect. Article 42.-Public Registry of Telecommunications. The Public Telecommunications Registry will be in charge of the Agency for Regulation and Control of the
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Telecommunications, which will set the rules for the registration procedure, requirements, and cancellations. In the Public Telecommunications Registry you must register: a) General ratings and notifications of
service delivery registration. (b) General conditions of public undertakings, the
notifications of the provision of services and the authorisations issued in favour of the institutions or bodies of the State.
c) The concessions for the use and exploitation of the spectrum. d) The administrative acts granted as a title
Service Registry enabler. e) The interconnection agreements and arrangements and
connection. f) The tariff ceilings for services. g) The sharing arrangements and arrangements for
infrastructure. (h) The agreements and arrangements for virtual operation. (i) Contracts for the resale of services. (j) The models for the contract of service adherence. k) The use of spectrum for research of new
technologies by the State. l) Universal Internet access networks. (m) All other acts, authorizations, permits and
contracts to be determined by the Agency for the Regulation and Control of Telecommunications.
In addition, the amendments to the acts and contracts described above shall be entered in addition to the substantial changes to the telecommunications networks and infrastructure that have been notified to the Telecommunications Regulatory and Control Agency, in accordance with the provisions of the regulations. The Agency for the Regulation and Control of Telecommunications shall guarantee the access of the organs and entities of the State, as well as of the citizens, to the Public Registry referred to in this article. Matters relating to the provision of broadcasting services, television and audio and video subscription systems shall be entered in the National Register of Enabling Titles in accordance with the provisions of the Organic Law of Communication, its General Regulation and the regulations issued by the Agency for the Regulation and Control of Telecommunications. Article 43.-Duration. The concessions and authorizations for the provision of Telecommunications Services will last up to fifteen years.
The duration of the other enabling titles will be established in the regulations issued by the Agency Regulation and Control of Telecommunications. In any event, the duration may not exceed 15 years, except for the operators of submarine cable and public telecommunications undertakings. Article 44.-Transfer or Cession. Enabling securities may not be transferred, transferred, transferred, leased or taxed by any means without the authorisation of the Telecommunications Regulatory and Control Agency. This prohibition will be sufficient for the early termination of the enabling title, without prejudice to the consequences provided for in the current legal order. Article 45.-Content of the Enabling Titles. The Regulation to Grant Enabling Titles to be issued by the Telecommunications Regulatory and Control Agency shall establish the minimum content of the various enabling titles, the requirements and procedures for granting them, renewal and registration. Article 46.-Extinction of the Enabling Titles. The enabling titles for the provision of telecommunications services, irrespective of their class or duration, shall be extinguished by: 1. Expiration of the time of their duration and no
requested and resolved the renewal, for This should be done to ensure the continuity of the service.
2. Default on installation and operation
within the set deadline, as provided for in the service and enabling title regulations.
3. Mutual agreement between the parties, provided that they are not
affects the general interest, continuity of service, and third parties. Mutual agreement shall mean the waiver of the holder of the rating, which has been approved by the Telecommunications Regulatory and Control Agency.
4. Death of the holder, in case of natural persons. 5. Advance and unilateral declaration duly
motivated, by the Agency for the Regulation and Control of Telecommunications, in the following cases:
a) When the dissolution, bankruptcy or
liquidation is declared, in the case of legal persons. b) For loss of the civil capacity of its holder, in
case of natural persons. c) By facts or acts that impede the continuity of the
enabling title.
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6. By revocation of the title declared by the Agency
of Telecommunications Regulation and Control, in accordance with the provisions of this Law.
7. In case of voluntary and total return of the
concessionary or authorized spectrum, accepted by the Agency for the Regulation and Control of Telecommunications, as long as it is established that the return is not effected for the purpose of evading responsibilities.
8. Any other causal established in this Law, in the
legal order in force and in the respective enabling titles.
In the cases of merger, the resulting company will be subrogated in the rights and obligations contained in the Enabling securities, subject to the authorisation of the Telecommunications Regulatory and Control Agency. In the same way, it will be possible to proceed in cases where a qualified company is transformed into a public company. For the purposes of the termination or revocation of an enabling title, the Agency for the Regulation and Control of Telecommunications shall issue a reasoned administrative act which declares it, after the administrative procedure has been substantiated. in which the due process and the right to the defense of the holder are guaranteed. In all cases of extinction of the enabling title, the Agency for the Regulation and Control of Telecommunications shall take the necessary administrative measures to ensure the continuity of the service and the rights of users, including the reversal of the goods affected by the provision of the service; the valuation of such goods shall be carried out by an independent firm of prestige and experience in the telecommunications sector designated by the Regulatory Agency and Control of Telecommunications. In the event of termination by recall, the payment shall be made in accordance with this Law. Where the Telecommunications Regulatory and Control Agency determines that the reversal of the goods does not proceed, the service provider shall at its cost withdraw the infrastructure it has installed in compliance with the mechanisms, conditions and time limits set by the Agency. Article 47.-Extinction of the enabling titles of broadcasting services. The enabling titles awarded to service providers of broadcasting services and audio and video subscription systems end, in addition to the causes established in the Organic Law of Communication, for the following defaults: 1. default on the installation within the deadline,
set for the effect. 2. For incurring arrears in the payment of their obligations,
for three months or more consecutive pensions.
3. The other established in the legal order and corresponding enabling titles.
The administrative procedure followed for the unilateral and early termination of the enabling title will be the one for the effect of the Agency Regulation and Control of Telecommunications. Article 48.-Rights for the Granting of Enabling Titles. Telecommunications service providers acting by state delegation must pay the State the rights to obtain enabling securities to be determined by the Telecommunications Regulatory and Control Agency. The Agency for the Regulation and Control of Telecommunications may regulate the payment of fees or fees for the procedures for the granting of securities, renewal, modifications, registrations or other activities. Article 49.-Control Changes. Without prejudice to the provisions of the existing legal order, the telecommunications service provider may not carry out operations involving a change of control, without the authorization of the Director of the Agency for the Regulation and Control of Telecommunications, especially those related to: changes in ownership of the company's shares, any kind of contracts or agreements that have an impact on the actual or operational control over the company or decision-making on the same, even if they do not change the ownership of the actions of the prestate. Prior to the conduct of the operation involving a change of control, the telecommunications service provider shall submit to the Agency for Telecommunications Regulation and Control the corresponding application in accordance with Article 1 (2) of Regulation (EU) the requirements and conditions laid down by the Telecommunications Regulatory and Control Agency. The request shall include a description of the operation to be carried out, its nature, characteristics, economic operators involved in the operation and the effects which may be generated by the operation. The Agency for Telecommunications Regulation and Control shall process the application and issue the relevant report, as set out in this Law. For the case of broadcast and television services and subscription audio and video, the provisions of the Organic Law of Communication and its implementing regulations will be observed.
CHAPTER II Use and Exploitation of the Spectrum Radio Radio
article 50.-Granting. Enabling titles for the use and exploitation of radio spectrum frequencies shall be granted, as
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provisions of this Law, its regulations and the technical, economic and legal requirements required for such purposes. For the purpose of granting radio spectrum frequency enabling titles, the State shall address the public interest, promote the rational and efficient use of the said limited resource, ensure equal, equitable and equal access to radio spectrum. the allocation under conditions of transparency. It may negate the granting of enabling titles for use of spectrum when the public or general interest prevails. The State shall allow access to qualified bands of free use, in accordance with the provisions of the Constitution, this Law, its General Regulation, the National Frequency Plan and the rules issued by the Agency for the Regulation and Control of Telecommunications. The enabling for the use and exploitation of non-essential frequencies for the provision of telecommunications services shall be implemented by means of marginalisation in the enabling title registered in the Public Telecommunications Registry. Such marginalisation shall be made at the disposal of the Director of the Telecommunications Regulatory and Control Agency and shall therefore be an integral part of the enabling title. The granting of enabling titles of radio spectrum frequencies, observing the guiding principle of technical, social and economic efficiency, may be carried out through direct award, process (competition) competitive public offers, in accordance with the provisions of the Regulation to Grant Enabling Titles to be issued by the Telecommunications Regulatory and Control Agency. Such grant shall consider the technical, economic and legal suitability of the applicant. In the case of the granting of frequencies of broadcasting services, it will be observed that established in the Organic Law of Communication. Article 51.-Direct Award. Enabling securities for use or exploitation shall be awarded, by direct award, provided that they meet the relevant requirements, in the following cases: 1. Non-essential frequencies. 2. Essential frequencies required for the
introduction of new technologies or improvements in the service, when the holder of the enabling title is either providing the service or to be granted to a new service provider that are not massive in character.
3. Frequencies for public companies and entities
public. 4. Shared use bands. 5. Reallocation of frequencies.
6. Registration of Services. 7. Renewal of enabling titles, in cases that are
set out in the Regulation to Grant Enabling Titles or Resolutions of the Telecommunications Regulatory and Control Agency.
8. Private Networks. The Telecommunications Regulatory Agency shall establish the parameters and objectives for the direct award, including at least the following topics: technical, social and economic efficiency, social responsibility, offers coverage in areas not served, benefits for users and, in general, what benefits the Good Living. Article 52.-Competitive Public Process. Concessions will be granted for use and exploitation through competitive public bidding process when: 1. The number of applicants exceeds the amount of
frequencies available for granting. 2. The number of service or use concessions and
exploitation of radio spectrum frequencies to be granted is limited, for reasons of public interest, technological development or market developments.
3. The frequencies or frequency bands to be
granted to a new service provider have a high economic assessment, in accordance with the assessments carried out by the Telecommunications Regulatory Agency; or,
4. Frequency bands or frequencies are intended for the
provision of bulk services by a new provider.
Article 53.-Frequencies for private use. The Telecommunications Regulatory and Control Agency will regulate the allocation of frequencies of private use. Article 54.-Rights and Fees for Spectrum Use. The Telecommunications Regulatory and Control Agency shall determine the value of the rights for the granting of enabling securities, as well as the fees for the use and exploitation of radio spectrum. The rights will be paid to the State for the granting of enabling securities. The fees for the use and exploitation of the said limited resource shall be fixed in accordance with the regulation to which the Agency for the Regulation and Control of Telecommunications is required. The fixing of the parameters and the establishment of models for the determination of the aforementioned amounts must be in the public interest; the valuation of the radio spectrum; the estimated revenues for the concessionaires; investments made, or to be carried out by the dealers; coverage rates; contractual stipulations; compliance with social obligations or the
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Universal Service; type of services and the bulk character they may have, as well as the dealership's contribution to the development of projects that promote the information and knowledge society, among others. Article 55.-Preferential Law of Public Enterprises. Public undertakings providing telecommunications services shall have the right to use and operate radio spectrum, in accordance with the existing availability. Article 56.-Duration. The enabling titles for the use and exploitation of the radio spectrum shall have the same duration as the enabling title of the service or the services to which they are associated and shall be integrated into a single instrument. If they are not associated with any service, their duration will be five years. In the event that the concessionaires for the operation of telecommunications services request and are granted additional essential frequencies, the Agency for the Regulation and Control of Telecommunications will be able to have the readjustment of the terms, conditions and terms of the enabling title for the operation of the service, provided that the following conditions are met: 1. That the frequencies or bands of essential frequencies
granted have a high valuation economic. 2. That is a massive service. 3. To justify the need for an extension of the
term of the concession contract for the operation of the service, in order to have sufficient time for the amortisation of the investment to be realized by the operator.
The Telecommunications Regulatory and Control Agency will analyse each particular request, and will be able to deny the extension of time, considering, among other aspects, the general interest, market conditions and level of compliance with the obligations on the part of the concessionaire. The concessionaire shall pay the rights to grant and pay for the use of the respective frequencies which will result in the extension of the time limit. In the event of extinction of the enabling title of the service by established causals, the enabling for use of radio spectrum associated with that title shall also be deemed to be extinguished. Article 57.-Reallocation. The Telecommunications Regulatory and Control Agency may reallocate previously assigned frequencies or frequency bands, when: 1. Be required to execute the corresponding technical plans
.
2. Be to achieve technical, social and economic efficiency in the use of spectrum frequencies.
3. It is demanded by the public interest. 4. It is derived from the application of treaties or conventions
international validly subscribed. 5. Be for reasons of national security and defense. 6. Be for the introduction of new technologies and/or
services. 7. Be to avoid and fix interference. 8. To make the redistribution of spectrum more equitable
radio spectrum among the public, community and private sectors, as provided for in the Organic Communication Law.
Article 58.-Compensation. As a general rule, the reallocation of radio spectrum does not generate compensation, except where there is no spectrum available for the provision of the service to prevent reallocation and, consequently, continuity in the service is impossible. the provision of services by the operator concerned. The Telecommunications Regulatory and Control Agency shall establish the parameters for determining the value of the compensation in this particular case. In the case of companies and public entities, it does not apply compensation or compensation of any kind. Article 59.-Use and exploitation of radio spectrum for broadcasting services. The granting of radio spectrum frequencies for broadcasting services shall be subject to the provisions of the Organic Law on Communication, its General Regulation and regulations issued by the Agency for the Regulation and Control of Telecommunications. Article 60.-Fees for Adjudication and Use of Frequency for Broadcasting Services The holders of enabling securities for community and private broadcasting services are required to pay the fees for the allocation and use of frequencies, even if their operation is suspended. The public service broadcasting services are exempted from these payments. Article 61.-Approval of Fees for the Award and Use of Frequency for Broadcasting Services. The fees for award rights to be paid by broadcasters to the State shall be the ones approved by the Telecommunications Regulatory and Control Agency. The Agency for the Regulation and Control of Telecommunications shall fix the fees for the award and use of frequencies for social media considering for the effect aspects of a technical, social or economic nature.
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For payment of fees, radio-link-study links, whose emissions are not received by the public are considered as part of the main channel, and are therefore not subject to any additional charges. The auxiliary frequencies for additional links shall pay the values to be established for the purpose. Subsequent modifications to the tariffs do not force the new contract to be concluded.
TITLE I SAW TARIFF RATE REGIME FOR SERVICE DELIVERY
CHAPTER ONLY Regime and Regulation
Article 62.-Tariff regime. It is the constitutional duty of the Central State, through the Agency for the Regulation and Control of Telecommunications, to provide that the prices and rates for the provision of services are equitable, in such a virtue in exercise of their power of control and regulation, may, at any time, establish tariff ceilings or modify existing ones. Article 63.-Tariff regulation. Telecommunications service providers may freely set their rates, provided that they do not exceed the tariff ceilings defined by the Telecommunications Regulatory and Control Agency. In order to amend the tariff ceilings in force, they will be considered if there are or may be distortions of competition on the given market, or that the level of tariffs or prices will show no effective competition, or where the quality of services is not in line with the required standards. Such regulation, which may include the mode of tariff ceilings or any other, may be included in the qualifying titles or applied at any time when the aforementioned assumptions are justified. The Agency for the Regulation and Control of Telecommunications may, justifiably, regulate tariffs or impose special obligations on providers with market power, on the basis of studies and reports demonstrating such power. In order to promote the development of universal service, preferential tariffs may be regulated to promote the economic development of regions and social groups of priority attention. Article 64.-Applicable Rules. Rates and prices for all telecommunications services should take into account the following general precepts:
1. Service providers may establish tariff plans consisting of one or more services or one or more products of a service, in accordance with their or their enabling titles.
2. The tariff structure will address the access principles
universal and priority use, such that tariff options for users or users of lower income may be included.
3. Tariffs and prices should promote the use and
efficient delivery of services, will tend to stimulate the efficient expansion of services and establish the basis for the establishment of a competitive environment.
4. No service provider will be able to discriminate against
subscribers or users who are in similar circumstances, regarding rates or prices.
5. In the pricing and billing of services, you will not
be able to round time or value units. 6. Service providers shall publish on their website
their plans, promotions, rates and prices in the formats and conditions that allow subscribers and users to have complete, comparable and timely information. Similarly, service providers must provide information about their plans, promotions, rates, and prices in the formats and conditions that are determined in the corresponding regulations.
7. The rates and prices will correspond to the services
expressly hired and in no case will incorporate values of benefits, products or services not requested by the users.
Article 65.-Notification and validity. The rates must be notified to the Agency for the Regulation and Control of Telecommunications with at least forty-eight hours in advance of the date of entry into force. This notification may be made through electronic means and under formats and mechanisms previously established by the Telecommunications Regulatory and Control Agency. Timely notification of rates does not imply acceptance or approval of tariffs, and the monitoring and control actions that correspond are left to the same.
TITLE VII INTERCONNECTION AND ACCESS
CHAPTER I Common Provisions
Article 66.-Principles. The interconnection and access must be carried out in accordance with the principles of equality, non-discrimination, neutrality, good faith, transparency, advertising and on the basis of costs.
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Article 67.-Interconnection. For the purposes of this Law, it is understood by means of interconnection to the connection or union of two or more public telecommunications networks, through physical or radio means, by means of equipment or installations that provide lines or links of telecommunications for the exchange, transit or termination of traffic between two telecommunications service providers, which allow communications between users of different providers on a continuous or discrete basis. Article 68.-Access. For the purposes of this Law, it is understood by access, to the provision of another provider, under defined, non-discriminatory and transparent conditions, of network resources or services for the purpose of the provision of telecommunications services, including when used for broadcasting services, subject to the regulations issued by the Agency for the Regulation and Control of Telecommunications, which could include among others the following aspects: access to elements and resources networks, as well as other necessary resources and systems; the technical interfaces, protocols or other technologies which are essential for the interoperability of services or networks. Article 69.-Obligatory. Telecommunications service providers operating or controlling public telecommunications networks have an obligation to interconnect with other public telecommunications networks and to allow access to other providers of telecommunications services. telecommunications services, in accordance with the provisions of this Law, its General Regulations and the corresponding regulations. To this end, they must have open network architecture designs that allow the interconnection and interoperability of their networks and access to them.
CHAPTER II Procedure
Article 70.-Faculty of intervention. The Telecommunications Regulatory and Control Agency, at any time, may intervene in the relations of interconnection and access, whether these have been established by agreement or arrangement, at the request of either party involved, or ex officio where justified, in order to promote and, where appropriate, ensure interconnection and access, the interoperability of services, competition or the achievement of the objectives set out in this Law. The decision taken shall be enforceable and binding, without prejudice to the right to administrative and judicial requests or challenges. The obligations and conditions imposed in accordance with this Article shall be objective, transparent, proportional and non-discriminatory. In case of intervention, the Agency for Telecommunications Regulation and Control shall consider the technical and economic feasibility of using or installing
resources that compete with each other, taking into account the nature and type of interconnection or access in question and the development of the market, the possibility of providing the proposed access, in relation to the duly justified available capacity, the initial investment of the owner of the resource, taking into account the risks involved in making it, the need to safeguard competition in the long term; and where appropriate, the relevant intellectual property rights. Article 71.-Economic regulation of interconnection and access. The Telecommunications Regulatory and Control Agency is empowered to impose, inter alia, obligations relating to the separation of accounts in relation to interconnection or access. Similarly, it is empowered to impose economic conditions, including charges of interconnection or wholesale prices in connection with interconnection or access. The Agency may establish a zero value (0) as an interconnection charge pursuant to Article 32 of this Law. Wholesale charges and prices that are agreed or imposed for interconnection and access should serve to promote efficiency and sustainable competition and maximize the benefits for users. The burden of proof with respect to the costs of interconnection or access is the responsibility of the provider who applies them or claims them. The Telecommunications Regulatory and Control Agency may use cost calculation methods or models other than those used by the company or take into account the costs of other comparable markets and may require a provider to fully justify the charges or prices you apply and, where applicable, order you to modify them. Article 72.-Negotiation and agreement. Any telecommunications service provider may request another interconnection or access as appropriate. The interested parties may freely negotiate the conditions of interconnection or access, within the meaning of this Law, their General Regulations and the respective regulations. However, they may require the intervention of the Telecommunications Regulatory and Control Agency as an observer in the negotiations. The application for interconnection or access must be made in writing, with the required technical, economic and legal aspects. The person concerned shall send a copy of the application to the Telecommunications Regulatory and Control Agency. The agreement must be signed within sixty (60) business days following the date of the request for interconnection or access. Article 73.-Interconnection or access provisions. Met the deadline specified in the previous article without the respective agreement being signed, the Agency of
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Telecommunications Regulation and Control will intervene, ex officio or at the request of a party, in order to order the interconnection or access (a) requested and establish its technical, economic and legal conditions. The decision of the Telecommunications Regulatory and Control Agency shall be issued within forty-five (45) working days from the request of one or both of the parties concerned, when it intervenes at the request of a party or since notify the initiation of the procedure for issuing the interconnection or access provision when acting on its own initiative. Without prejudice to the provisions of the preceding paragraph, when requested by a provider and in order to ensure the provision of telecommunications services, the Agency for the Regulation and Control of Telecommunications, before issuing the (a) a provision of interconnection or access, may order the interconnection or access immediately, while the respective provision is being processed. Article 74.-Approval and modification. The interconnection or access agreements shall be submitted, after their subscription, to the Agency for the Regulation and Control of Telecommunications for approval and subsequent registration in the Public Registry of Telecommunications as requirement for entry into force. The Telecommunications Regulatory and Control Agency shall approve the agreement within twenty (20) working days and, in the event of failure to issue a statement, shall be deemed to be approved in all that is not contrary to the current legal order. The provisions of interconnection or access and their modifications must also be registered in the Public Registry of Telecommunications. Article 75.-Prohibition. In no case may the disconnection, interruption, suspension, blocking, quality degradation, withdrawal of equipment or closure of the interconnection or access, unilaterally or by mutual agreement, be carried out, even if there are disputes pending resolution between the parties involved, administrative or judicial authorities, without having obtained prior authorisation from the Agency for the Regulation and Control of Telecommunications and, provided that the measures are established necessary to protect the rights of subscribers or users and the continuity of the services.
TITLE VIII SECRET COMMUNICATIONS AND PERSONAL DATA PROTECTION
CHAPTER I Communications Secret
Article 76.-Technical security measures and invulnerability. Those and service providers, whether they use their own network or that of a third party, must take appropriate technical and management measures to preserve the security
of their services and the invulnerability of the network and to ensure the secret of the communications and of the information transmitted by their networks. Those measures shall ensure an adequate level of security for the existing risk. In the event of a particular risk of breach of network security, the telecommunications service provider shall inform its subscribers, customers or users of such risk and, if the measures to mitigate or eliminate such risk are not under their control, on the possible solutions. Article 77.-Interceptations. Only intercepts may be performed when there is an express order of the competent Judge, in the context of an investigation of a crime or for reasons of public and state security, in accordance with the law and following due process. In case of legal interception, the service providers shall provide all the information required in the order of interception, including the personal data of those involved in the communication, as well as the information necessary technical and procedures for the disunderstanding, decryption or decoding in the event that the communications subject to the legal interception have been subject to such security measures. The contents of the communications and the personal data that are obtained as a result of an order of legal interception will be subject to the protocols and rules of confidentiality that establish the legal order in force.
CHAPTER II Personal Data Protection
Article 78.-Right to Privacy. For the full validity of the right to privacy, as set out in Article 66, numeral 20 of the Constitution of the Republic, telecommunications service providers shall ensure, in the exercise of their activity, that protection of personal data. For this purpose, telecommunications service providers shall take appropriate technical and management measures to preserve the security of their network in order to ensure the protection of the personal data of the telecommunications services. compliance with the law. Such measures shall include, at least: 1. The guarantee that only authorized personnel have
access to personal data for purposes authorized by law.
2. The protection of personal data stored or
transmitted from accidental or illicit destruction, accidental loss or alteration or unauthorized or unlawful storage, treatment, access or disclosure.
3. Ensuring the effective application of a
security policy with respect to the processing of personal data.
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4. The guarantee that the information provided by the
customers, subscribers or users will not be used for commercial or advertising purposes, nor for any other purpose, unless the prior consent and express authorization are provided of each customer, subscriber or user. The consent must be clearly recorded in such a way as to prohibit the use of any strategy that leads to the error for the issuance of such consent.
Article 79.-Information Duty. Where there is a particular risk of breach of the security of the public network or the telecommunications service, the telecommunications service provider shall inform its subscribers, customers and users of such risk and of the the measures to be taken. In the event of a violation of the data of a particular subscriber or user, the provider shall notify such violation to the particular subscriber or user immediately, describing at least the nature of the violation of the personal data, the points of (i) contact where further information can be obtained, the measures recommended to mitigate the possible adverse effects of such a breach and the measures already taken against the violation of personal data. The notification of a breach of the personal data to a particular subscriber, customer or user shall not be required if the provider demonstrates to the Telecommunications Regulatory and Control Agency that the data is applied by the appropriate technological protection and that these measures have been applied to the data affected by the security breach. Protective measures of these characteristics make the data incomprehensible to any person who is not authorised to access them. For the purposes set out in this Article, personal data shall be deemed to be in violation of the security breach that causes the destruction, accidental or illicit, loss, alteration, disclosure or unauthorized access of data. personal transmitted, stored or processed in the provision of a telecommunications service. Article 80.-Disclosure procedures. Las and service providers shall implement internal procedures to address requests for access to the personal data of their subscribers, customers or users by the legally authorised authorities. The internal procedures to be implemented, for monitoring and control purposes, shall be made available to the Telecommunications Regulatory and Control Agency. Article 81.-Phone or subscriber guides in general. Subscribers, customers or users have the right not to appear in telephone or subscriber guides. They shall be informed of their rights with respect to the use of their personal data in the telephone or subscriber's guides
and, in particular, on the purpose or purposes of such guides, as well as on the right they have, in form free, unless included, in such guides. Article 82.-Commercial use of personal data. Las and service providers may not use personal data, service usage information, traffic information or the consumption pattern of their subscribers, customers or users for the commercial promotion of services or products, unless the subscriber or user to whom the data or information relates, has given prior and express consent. Users or subscribers shall have the clear and easy possibility to withdraw their consent for the use of their data and the information indicated above. Such consent shall specify the personal data or information the use of which is authorised, the time and its specific purpose. Without such consent and with the same characteristics, telecommunications service providers may not market, assign or transfer to third parties the personal data of their users, customers or subscribers. The same requirement shall apply for information on the use of the service, traffic information or the pattern of consumption of its users, customers and subscribers. Article 83.-Technical control. When for the performance of technical control tasks, be it to verify the proper use of radio spectrum, the correct provision of telecommunications services, the appropriate use and operation of networks In order to ensure the confidentiality of communications and the security of personal data, the use of equipment, infrastructure and facilities that may be in breach of security and safety is necessary. the integrity of the networks, the Agency for the Regulation and Control of Telecommunications must design and establish procedures that minimise the risk of affecting the content of communications. Where, as a result of the technical checks carried out, the contents are recorded, the media in which they appear may not be stored or released and shall be immediately destroyed and discarded. Article 84.-Delivery of information. Those and service providers shall provide the competent authorities with the information required within the due process for the purpose of investigating crimes. The Telecommunications Regulatory and Control Agency shall establish the necessary mechanisms and procedures. Article 85.-Additional obligations. The Telecommunications Regulatory and Control Agency will establish and regulate mechanisms to monitor compliance with the obligations of both communications secrecy and
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of personal data security and, if applicable, will dictate the corresponding instructions, which will be binding on the and the providers services, in order to adopt certain measures relating to the integrity and security of networks and services. Among them, you can impose: 1. The obligation to provide the information necessary for
to assess the security and integrity of your services and networks, including documents on security policies.
2. The obligation to submit at the cost of the provider, to a
safety audit by a public body, competent authority or, if appropriate, by a private company or independent natural person.
TITLE IX TELECOMMUNICATIONS EQUIPMENT
UNIQUE TYPE APPROVAL and Certification
Article 86.-Required. Telecommunications terminal equipment using radio spectrum and connected to public telecommunications networks shall have the approval and certification, carried out in accordance with the applicable rules, at the end of the to prevent damage to the networks, to prevent the involvement of telecommunications services, to avoid the generation of harmful interference and to guarantee the rights of users and providers. The Agency for the Regulation and Control of Telecommunications may also establish regulation related to the approval and certification of other telecommunications equipment. article 87.-Bans. It is expressly prohibited: 1. The use and marketing of terminal equipment which
uses radio spectrum, which may prevent or disrupt the provision of services, degrade its quality, cause damage to users or networks, generate harmful interference or that in any way affect the provision of the services or the rights of the users.
2. The marketing of terminal equipment using
radio spectrum and have not been approved and certified.
3. The marketing of terminal equipment using
radio spectrum and are incompatible with the National Frequency Plan.
4. The marketing of terminal equipment that
has been blocked and cannot be activated or used by users in the various networks of telecommunications service providers.
5. The use in public telecommunications networks of terminal equipment using radio spectrum, which have not previously been approved and certified.
6. The others that are established by the Agency of
Telecommunications Regulation and Control.
TITLE X INFORMATION AND OF THE
KNOWLEDGE AND UNIVERSAL SERVICE
CHAPTER Promotion of the Information Society and
Universal Service Provision
Article 88.-Promotion of the Information and Knowledge Society. The Ministry of Telecommunications will promote the information and knowledge society for the integral development of the country. To this end, it should guide its action to the formulation of policies, plans, programmes and projects aimed at: 1. Ensure the right to communication and access to the
Information. 2. Promote universal access to the services of
telecommunications; in particular, in marginal or rural urban areas, in order to ensure adequate coverage of services for the benefit of Ecuadorian citizens.
3. Promote the efficient establishment of
telecommunications infrastructure, especially in marginal and rural urban areas.
4. Seek the Universal Service. 5. Promote the development and mass of the use of
information and communication technologies throughout the national territory.
6. Support the education of the population in the field of
information technology and information technologies, in order to facilitate the proper use of services or equipment.
7. Promote the development and technological leadership of the
Ecuador that will allow the delivery of new services at fair prices and rates.
Article 89.-Universal Service. The Universal Service is the obligation to extend a defined set of telecommunications services, to all inhabitants of the national territory, with minimum conditions of accessibility, quality and equitable prices, with independence of the economic, social or geographical location of the population. The State will promote the provision of the Universal Service for the reduction of inequalities and the accessibility of the population to the services and technologies of the
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information and communications, in accordance with the provisions of this Law, its regulations and the Universal Service Plan. Article 90.-Universal Service Plan. In the Universal Service Plan, which will be prepared and approved by the Ministry of Telecommunications and the Information Society, the services that make up the universal service and the geographical areas for its benefit. Priority attention will be given to less-income and less-funded geographic areas in the national territory. The Universal Service Plan should be framed within the objectives of the National Development Plan and be harmonised with this instrument. Article 91.-Implementation of universal service projects and programs. Projects and programs for the implementation of the Universal Service Plan may be executed directly by public companies or contracted with joint ventures, private or the popular and solidarity economy with the respective enabling titles, on the basis of the selection parameters to be determined by the Ministry of Telecommunications and the Information Society and subject to the Law Organic National System of Public Procurement. Without prejudice to the foregoing, specific universal service obligations shall be established in the enabling titles through the expansion plans or other modalities. Article 92.-Contribution. Those and providers of telecommunications services, except those for broadcasting, shall pay a contribution of 1% of the total revenue invoiced and received. This contribution must be made quarterly, within 15 days of the completion of each calendar year and the collection will be carried out by the Agency for the Regulation and Control of Telecommunications.
TITLE XI
SCARCE RESOURCES AND ASSET OCCUPANCY
CHAPTER I Radio Spectrum Allocation
Article 93.-Management. The State, through the Agency for the Regulation and Control of Telecommunications, will be able to assign the radio spectrum directly to public companies or by delegation to joint ventures in which it has a majority share, to the sector In the case of companies in the popular economy and solidarity in the cases provided for in this Law. Article 94.-Objectives. The administration, regulation, management, planning and control of radio spectrum will pursue the following objectives:
1. Efficient use.- Being a scarce natural resource, the radio spectrum, both technically and economically, must be efficiently managed and managed.
2. Rational use.- Use decisions must be
planned, ordered, appropriate in technical and economic, and directed to the satisfaction of the public or general interest and the achievement of the Good Living, Sumak Kawsay.
3. Economic maximization.- In the assessment for
allowing the use of radio spectrum, its maximum economic performance should be sought in favor of the State, in order to achieve social welfare, but considering the necessary stimuli for the investment.
4. Technological development and investment.- It is
to promote the development and use of new services, networks and information and communications technologies and their universal access to the entire population and to encourage public investment and private.
5. Communication.-
A free, intercultural, inclusive, diverse and participatory communication
be guaranteed, as well as the creation and strengthening of public, private and community social media and universal access. to information and communication technologies in particular for persons and communities who lack or have limited access to such access or access.6. Interference removal.-
Use of frequencies without harmful interference should be ensured, for which appropriate monitoring and control systems will be implemented.
7. Fair and transparent access.- Access to the
radio spectrum must be performed in a transparent and equitable manner.
8. Public and State Security.- use of spectrum
radio spectrum should contribute to public and state security.
9. Easing and convergence.- The allocation of the
radio spectrum should be done with flexible and flexible procedures and should be promoted and facilitated for wireless networks to support various services with various technologies.
The administration, regulation, management, planning and control of radio spectrum should consider environmental principles of prevention, precaution and sustainable development. Article 95.-Planning. The Telecommunications Regulatory and Control Agency will plan the use of radio spectrum for both telecommunications services and the services of
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broadcasting, considering the provisions of the Constitution of the Republic and seeking universal development and access to information and communications. It must also consider the decisions and recommendations of the international conferences responsible for radio communication. The Telecommunications Regulatory and Control Agency is competent to develop, approve, modify and update the National Frequency Plan, a dynamic instrument that contains the attribution of radio spectrum frequencies. Any allocation of radio spectrum frequencies shall be strictly subject to such a plan. Article 96.-Utilization. The use of radio spectrum will technically distinguish the following applications: 1. Free-use spectrum: These are the bands of
frequencies that can be used by the general public, subject to what is established by the current legal order and without the need for an enabling title, or registration.
2. Spectrum for use in free bands:
These are those free-called frequency bands that can be used for the services attributed by the Regulatory and Control Agency and require only one record.
3. Spectrum for certain uses: Are those
set by the Regulatory and Control Agency; within this group there can be private or shared usage allocations.
4. Spectrum for experimental uses: Are those
frequency bands for scientific research or for temporary testing of equipment.
5. Reserved Spectrum: Are those
bands for public and state security.
CHAPTER II Numbering Resource
Article 97.-Management and management of the resource. Numbering is a limited resource whose administration, control and allocation corresponds to the State. Service providers must comply with the provisions of the Basic Numbering Technical Plan and the accompanying rules that are necessary for the purpose. Article 98.-Allocation. The allocation of the numbering resource shall be made in conditions of equality, transparency, non-discriminatory treatment and in the public interest.
The allocation does not confer rights on the Telecommunications service providers and the Telecommunications Regulatory and Control Agency may make the necessary modifications or reallocations to meet the objectives set out in this Law. Competitive or comparative selection procedures may be established for the allocation of numbers with exceptional economic value. Article 99.-Transfer or transfer ban. Las and service providers may not transfer or assign the numbering resources assigned to them. Article 100.-Conservation of the number. Las and service providers who use identification numbers for their subscribers, such as telephone services, shall ensure that their subscribers are able to keep the numbers they have received. independently assigned to the service provider, as well as to the plans or arrangements for the contracting of the service. In any event, the execution of this obligation will not justify any impact on the quality of the service, and the initial and maintenance costs that will be generated during its implementation must be borne by the providers involved.
CHAPTER III Property Occupation
Article 101.-Occupation Law. Las and service providers shall be entitled, in the terms of this Law, their General Regulations and the regulations to be issued for the purpose, to the occupation of private property where it is strictly necessary for the installation of the network, as provided for in the technical project submitted and provided that there are no other economically viable alternatives. Such occupation shall be effected by agreement, by declaration of public utility and expropriation made by the Agency for the Regulation and Control of Telecommunications or by the declaration of forced servitude of passage or occupation, for the Telecommunications network infrastructure installation. Service providers must bear the costs involved in the process of expropriation or occupation of goods. They shall also be entitled to occupy public domain goods, both for public use and for those affected by public service, in order to comply with the regulations issued by the competent authorities for the use of soil and occupation and use of the underlying strip, within the right of way, of the roads and sections that make up the state road network. The Agency for the Regulation and Control of Telecommunications may provide for the shared occupation, by several providers, of towers, installations, buildings or any other element that is
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susceptible to shared use, if technically feasible and thereby contributing to decrease or attenuate visual pollution generated by the air deployment of physical networks. Article 102.-Expropriation Powers. The Agency for the Regulation and Control of Telecommunications may declare public utility and proceed with the expropriation of the private property necessary for the installation of telecommunications or for the performance of its functions. Where the expropriation is carried out for the installation of telecommunications networks, the operator or operators who need it shall be allowed to lease or transfer the goods. Article 103.-Procedure. To the declaratory the corresponding technical-economic report shall be attached, the current certificate of the registrar of the property of the respective canton and the certification of funds about the existence and availability of the necessary resources to proceed with the expropriation. The expropriation shall be processed in accordance with the rules and procedure provided for in the applicable law. Article 104.-Use and Occupation of Public Domain Goods. Decentralized autonomous governments at all levels must address the needs for the use and occupation of public domain goods established by the Regulatory Agency. Control of Telecommunications and, without prejudice to the compliance with national technical and political standards, shall coordinate with the Agency the necessary actions to ensure the laying and installation of networks that support services of telecommunications in a healthy environment, free of pollution and protecting heritage both natural and cultural. In the case of installations in private property, the fees charged by the decentralized autonomous governments may not be other than those directly linked to the justified cost of the granting of the installation permits or construction. Decentralised autonomous governments may not establish fees for the use of regional, provincial or municipal airspace linked to transmissions of radio communication networks or radio spectrum frequencies. Article 105.-Step or Occupation Servius. Any person who owns or controls a physical good or infrastructure necessary for the provision of services shall permit their use by the service providers of telecommunications that require it, in an equal, transparent and non-discriminatory manner, provided that such goods or infrastructure are necessary for technical, economic or legal reasons.
Article 106.-Sharing of Infrastructure. The interested parties may negotiate and agree on the technical, economic and legal framework for the use of the physical infrastructure, by subscribing to a convention for the sharing of physical infrastructure or the constitution of the easement, in accordance with the applicable rules. The deadline for direct negotiation is thirty (30) days from the date of the request made by the person concerned. For their further processing and entry into force, the agreements for the sharing of physical infrastructure or the incorporation of the serfdom shall be approved by the Agency for the Regulation and Control of Telecommunications and entered in the Public Registry of Telecommunications. However, if an agreement has not been reached within the period referred to in the preceding subparagraph, the person concerned may request the intervention of the Telecommunications Regulatory and Control Agency, which may, by means of a decision issued in a a maximum of thirty (30) days, imposing a forced servitude of passage, use, or shared use of the good or physical infrastructure, determining the technical, legal and economic conditions.
CHAPTER IV satellite services
Article 107.-Management to the International Union of Telecommunications. It is for the Ministry of Telecommunications and the Information Society to manage the allocation of geostationary or satellite orbital positions to the International Telecommunication Union or other international organizations in favor of the Republic of Ecuador. Article 108.-Regulation and control. The use of radio spectrum associated with satellite networks, as well as the provision of services through such networks will be administered, regulated and controlled by the State. Article 109.-Use and services regime. The provision of satellite capacity, the provision of direct satellite communications services, as well as the provision of telecommunications services and the use of radio spectrum associated with satellite networks will be governed by the provisions of this Law, its regulations and the respective regulations. The provision of services carried out through satellite networks and the use of radio spectrum associated with satellites shall require the obtaining of the enabling securities in accordance with the provisions of this Law and regulations issued by the Agency. Regulation and Control of Telecommunications.
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TITLE XII
BROADCAST SERVICES
UNIQUE INFRASTRUCTURE INSTALLATION
and Technical Features
Article 110.-Deadline to Install. The time limit for the installation and operation shall be one year from the date of subscription of the respective enabling title; if the installation is not performed, the enabling title shall be reverted to the State, in compliance with the termination procedure set for the effect. Article 111.-Compliance with Regulations. The equipment and infrastructure of medium-wave, short-wave, frequency-modulated radio stations, open television and subscription audio and video systems must be installed and operated from compliance with the provisions of the regulations which the Agency for the Regulation and Control of Telecommunications will issue for the purpose. Article 112.-Modification of the Enabling Title. Any modification in respect of the enabling title shall be authorized by the Agency for the Regulation and Control of Telecommunications by means of an administrative act, provided that it does not change the object of the enabling title. The subscription of an amending title will not be required. Article 113.-Infrastructure Sharing. Las and providers of broadcast and television services, including audio and video by subscription, have an obligation to share the infrastructure related to the provision of services subject to the regulations which the Agency for the Regulation and Control of Telecommunications will issue for the purpose. Article 114.-Technical Characteristics. The technical characteristics for the operation of the broadcasting services will be those approved by the Agency for the Regulation and Control of Telecommunications in the award processes, According to the provisions of the Organic Law of Communication Article 115.-Classification. The broadcast and television stations shall be classified in accordance with the provisions of the Organic Law of Communication.
TITLE XIII SANCTIONING REGIME
CHAPTER I Infrastructures
Article 116.-The subjective scope and definition of responsibility.
The control and sanctioning regime established in this Title shall apply to natural or legal persons who commit the offences established in this Law.
The imposition of the sanctions established in the This Law does not exclude or limit other administrative, civil or criminal responsibilities provided for in the current legal order and enabling securities. If the infringements established in this law also constitute abuse of the market power and/or restrictive practices to the competition, they may also be sanctioned according to the Organic Law of Regulation and Control of the Power of Market. However, two penalties for the same conduct cannot be imposed. In such a case, the competent body of substantiating and imposing the respective sanction shall be the one to prevent in the knowledge of the cause. Article 117.-First class infractions. a. They are first class violations applicable to persons
natural or legal, not possessing of enabling titles falling within the scope of this Law, the following:
1. The marketing or use of equipment
terminals that have not been approved or do not comply with the authorised technical conditions.
2. Provide the Ministry of Telecommunications and
of the Information Society or the Agency for the Regulation and Control of Telecommunications with inaccurate or incomplete information on aspects that they have requested, in accordance with the provisions of this Law and its regulations.
3. Any other non-compliance with the obligations
provided for in this Law and its Regulations; the plans, technical standards and resolutions issued by the Ministry of Telecommunications and the Information Society and by the Agency Regulation and Control of Telecommunications.
b. They are first class violations applicable to
holders of enabling titles within the scope of this Act the following:
1. Do not inform the Regulatory and Control Agency of
Telecommunications or users about changes in rates within the time limits set forth in this Law.
2. The placing on the market, installation or activation of
blocked equipment, apparatus or terminals that cannot be used by users when they wish to contract the service with another provider or cannot be activated or used in the networks of these.
3. Failure to notify the total or
partial interruption of service due to scheduled or unscheduled causes, in accordance with the procedure issued by the Telecommunications Regulatory and Control Agency for this purpose or that consist of the enabling titles.
4. Do not refer to the Regulatory and Control Agency of the
Telecommunications the content of the inventory of the telecommunications infrastructure installed and authorized within the deadlines established by the aforementioned entity.
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5. Marketing or permitting the use of
terminal equipment that has not been approved or does not meet the authorized technical conditions.
6. If the and the providers do not report on the changes
in the economic, legal or technical conditions of the interconnection within thirty business days.
7. To provide to the Ministry of Rector of the
Telecommunications and the Information Society or the Agency for the Regulation and Control of Telecommunications inaccurate or incomplete information on aspects that they have requested, compliance with the provisions of this Law and its regulations.
8. The infrastructure installation of
telecommunications, not having human security devices, signage for air navigation, and identification signs or without properly identified measuring instruments.
9. Do not observe the policies or standards set in
mimetization, sorting, and network underling.
10. Do not notify the Regulatory and Control Agency of
the Telecommunications, for the corresponding registration, the change of legal representative of the legal persons qualified for the provision of broadcasting services.
11. Do not notify the Regulatory and Control Agency of
Telecommunications about changes to the company's statutes enabled for the provision of telecommunications and broadcasting services.
12. Making changes or technical modifications to
the stations for the provision of broadcasting services or telecommunications networks, when they affect the provision of the service, without prior notification to the Agency of Regulation and Control of Telecommunications and obtain the relevant authorization.
13. Do not address, within the time limits set by the Agency
of Telecommunications Regulation and Control, the requests for capacity expansion made by the prestators interconnected to its network.
14. Install or change, without prior authorization, the main or secondary
studios or transmitters of a station for the provision of broadcast services within the authorized area.
15. Do not inform users of the rates applied in the
Telecom Services consumption rating and billing.
16. Any other non-compliance with the obligations
provided for in this Law and its Regulations, the plans, technical standards and resolutions issued by the Ministry of Telecommunications and the Information Society and by the
Telecommunications Regulation and Control Agency and the obligations incorporated in the enabling titles that are not flagged as violations in those instruments.
Article 118.-Second Infractions class. a. They are second class violations applicable to
natural or legal persons, not holders of enabling titles within the scope of this Law, the following:
1. Hinder the exercise of the powers of
control, audit and surveillance, by the Agency for the Regulation and Control of Telecommunications or to deny the access of its personnel duly identified to the facilities, equipment or documentation deemed necessary by that body for the exercise of such powers.
2. Causing harmful interference. 3. Do not supply information or documents
provided for in this Law and its regulations or requested by the Ministry of Telecommunications and the Information Society or the Agency for the Regulation and Control of Telecommunications in terms and deadlines set by these.
4. Do not abide by the resolutions found in
sign on the administrative path, issued by the Agency for the Regulatory and Control of Telecommunications in the administrative procedures sanctioning.
5. The reoffending in the commission of any
first class infringement within a period of six months, counted from the declaration of failure by the Agency for the Regulation and Control of Telecommunications by means of Resolution.
b. They are second class violations applicable to
holders of enabling titles within the scope of this Act, the following:
1. To interrupt the service in whole or in part, without
authorization or for reasons attributable to the service provider, as established in the secondary legislation and in the enabling titles.
2. Hinder the exercise of the powers of
control, audit and surveillance, by the Agency for the Regulation and Control of Telecommunications or to deny the access of its personnel duly identified to the facilities, equipment or documentation deemed necessary by that body for the exercise of such powers.
3. Causing harmful interference. 4. Charge rates higher than those agreed with
user.
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5. Charging for services not contracted or not provided. 6. Do not have information services and
assistance for the attention of claims, in accordance with the current regulations and obligations incorporated in the enabling titles.
7. The lack of contingency plans in cases of
natural disasters or internal shock or failure to comply with the services required in emergency cases, such as free emergency calls, provision of auxiliary services for citizen security and any other service defined as a social or emergency service by the Telecommunications Regulatory and Control Agency.
8. Interconnect without complying with
the previously subscribed interconnection agreements or the provisions of the Telecommunications Regulatory and Control Agency.
9. Perform the interconnection without the approval of the
agreement, order or interconnection arrangement by the Telecommunications Regulatory and Control Agency.
10. The subscription of service contracts with
users, using models that are not subject to the general conditions or models not approved by the Telecommunications Regulatory and Control Agency.
11. Failure to comply with the objective values of the
quality parameters contained in the enabling titles, plans, technical standards and resolutions issued by the Telecommunications Regulatory and Control Agency.
12. Failure to comply with the obligation to provide the
numerical portability under the terms and conditions established by the Telecommunications Regulatory and Control Agency.
13. Do not supply information or documents
provided for in this Law and its regulations or requested by the Ministry of Telecommunications and the Information Society or the Agency for the Regulation and Control of Telecommunications, in terms and deadlines set by these.
14. Condition the provision of the service of
telecommunications to the purchase, lease or use of terminal equipment of the operator providing the service or the compulsory hiring of other services offered by the same or other provider.
15. The activation of terminals reported as
stolen, including activations made by distributors or any other type of marketer authorized by a telecom operator.
16. Install broadcast service transmission infrastructure outside the authorized coverage area.
17. The suspension of broadcast services
for more than eight days, without prior obtaining of the corresponding authorization.
18. Unilaterally modify the terms of the
service contracts that subscribe to their users, as well as leave blanks in the subscribed contracts.
19. For lack of start of operations in accordance with the
deadline set in the enabling title or in the Regulation. In the event of a start date not being set, within one year of the award and registration of the enabling title, with the exception of the broadcasting services.
20. Do not provide free access to public services
of emergency. 21. Suspend the provision of services from
telecommunications without justified cause, or suspend the service while a claim submitted by the user is pending.
22. Breach the provisions and recommendations of
audit reports by the Telecommunications Regulatory and Control Agency.
23. Do not abide by the resolutions found in
sign on the administrative path, issued by the Agency for the Regulatory and Control of Telecommunications in the administrative procedures sanctioning.
24. Non-compliance with non-
ionising radiation standards. 25. Delay or unreasonably hinder the
interconnection with other operators, upon determination of the Telecommunications Regulatory Agency.
26. Delay or unreasonably hinder the
sharing of infrastructure with other providers, upon determination of the Telecommunications Regulatory and Control Agency.
27. Do not comply with or comply with the provisions
of interconnection or infrastructure sharing issued by the Agency for the Regulation and Control of Telecommunications in the terms and deadlines established by the Agency.
28. Perform billing and assessment, using the
rate rounding system, without observing the effective time of use.
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29. The recidivism in the commission of any
first class infringement, within a period of six months, counted from the declaration of failure by the Agency for the Regulation and Control of Telecommunications, by Resolution, or when they are of semi-annual or annual compliance, in two continuous periods.
Article 119.-Third Class infractions. a. They are third class violations applicable to persons
natural or legal, not possessing of enabling titles falling within the scope of this Law, the following:
1. Exploitation or use of frequencies, without obtaining
prior to the enabling title or corresponding concession, as well as the provision of unauthorized services, of those referred to in this Law.
2. Do not comply with or fully comply with the provisions
of infrastructure sharing issued by the Telecommunications Regulatory and Control Agency on the terms and deadlines set by the Agency.
3. Failure to comply with provisions issued by the
Telecommunications Regulatory and Control Agency for the cessation of harmful interference.
4. The recidivism in the commission of any
second class infringement within a period of six months, counted from the declaration of non-compliance by the Agency for the Regulatory and Control of Telecommunications, by Resolution.
b. These are third class violations applicable to
holders of enabling titles within the scope of this Act, the following:
1. Charge rates above the tariff ceilings
approved by the Telecommunications Regulatory and Control Agency.
2. Exploitation or use of frequencies without obtaining
prior to the enabling title or corresponding concession, as well as the provision of services not authorized by providers possessing enabling titles for other services.
3. Failure to comply with provisions issued by the
Telecommunications Regulatory and Control Agency for the cessation of harmful interference.
4. Cause disruption of services provided by
other providers deliberately. 5. The recidivism in the commission of any
second class infringement within a period of six months, counted from the declaration of non-compliance by the Body of
Regulation and Control of the Telecommunications, through Resolution, or when they are of a semi-annual or annual performance, in two continuous periods.
Article 120.-fourth class infractions. The following conduct, applicable to holders of enabling securities falling within the scope of this Law: 1. Ceder, dispose, tax or transfer in any form
the enabling title for the provision of telecommunications services.
2. Performing operations that, in any way,
involve change of control over the holder of an enabling title, without having previously requested or obtained the authorization of the Agency for Regulation and Control of the Telecommunications, the only authorized entity for the effect in cases that is coming.
3. When the service provider of
telecommunications does not implement, within the time limit set by the Agency for the Regulation and Control of Telecommunications, the express recommendations issued or arranged by it to avoid or minimize the use of their telecommunications networks and services as a means of committing crimes.
4. The default in the payment of more than three consecutive months
of the rights, rates, contributions and other economic obligations with the Agency of Regulation and Control of the Telecommunications and with the Ministry of the Telecommunications and of the Information Society, as well as those related to the fulfilment of Universal Service obligations, which are required in accordance with this Law, its regulations and the provisions of the enabling titles or concession contracts.
5. The provision of services against security
national. 6. The reoffending in the commission of any infringement
of third class within a period of six months, counted from the declaration of non-compliance by the Agency of Regulation and Control of the Telecommunications Resolution.
7. For suspending emissions, from a service station
broadcast for more than ninety consecutive days, without authorization from the Telecommunications Regulatory and Control Agency.
CHAPTER II Penalties
Article 121.-Classes. The penalties for telecommunications and broadcasting, television and audio and video service providers by subscription will be applied as follows:
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1. First Class Violations.- The fine will be
between 0.001% and 0.03% of the reference amount. 2. Second Class Violations.- The fine will be
from 0.031% to 0.07% of the reference amount. 3. Third Class Violations.- The fine will be between
0.071% and 0.1% of the reference amount. 4. Fourth Class Violations.- The sanction will be the
revoking of the enabling title, with the exception of those originating in the third class and for recidivism to be established as a fourth class in which the fine will be 1% of the reference amount.
Item 122.-Reference mount. For the application of the fines established in this Law, the reference amount will be obtained based on the total income of the infringer corresponding to his last income tax return, in relation to the service or title (i) the enabling of the Only if the information necessary to determine the reference amount cannot be obtained and such impossibility is justified, the fines shall be as follows: (a) For the first class sanctions, up to a hundred Salaries
Basic Unified of the worker in general. b) For second class sanctions, from one hundred one
to three hundred Unified Basic Wages of the worker in general.
c) For the third class sanctions, from three hundred
one to one thousand five hundred Salaries Basic Unified of the worker in general.
d) For the fourth class sanctions, from a thousand five hundred
one to two thousand Unified Basic Wages of the worker in general.
In case the information cannot be obtained necessary to determine the reference amount and justify such impossibility, for the services For telecommunications, the title of which corresponds to a register of activities, as well as broadcasting and television and audio and video services by subscription, shall apply 5% of the fines referred to in the preceding literals. Article 123.-Destination of the fines. The amounts resulting from the imposition of the fines provided for in this Law will enter the General Budget of the State. Where public undertakings providing services falling within the scope of this Law are penalised for any of the offences prescribed, they shall exercise the right of repetition against the public servant responsible for the action. or omission that generated the imposition of the sanction. The procedure to repeat will be the one established in the current legal order.
In all cases, administrative, civil or criminal responsibilities will not be exonerated. Article 124.-Closing of broadcasting stations. The radio and television broadcasting stations which are installed and operated and use radio spectrum frequencies for such purposes without the corresponding rating, and in the same way, in the case of audio and video systems by subscription, even if the latter do not make use of radio spectrum, without the corresponding rating, they will be closed with the support of the competent authority of the National Police of the respective jurisdiction where the station or system.
CHAPTER III Santioner Procedure,
Measures and Prescription
Article 125.-Sanctioning powers. It is for the Agency for the Regulation and Control of Telecommunications to initiate, on its own initiative or by complaint, to substantiate and to resolve the administrative procedure for the determination of an infringement and, where appropriate, the imposition of the Penalties laid down in this Act. The Agency shall ensure due process and the right to defence at all stages of the sanctioning procedure. The sanctioning procedure set out in this Chapter may not be modified or altered by stipulations contained in the enabling titles. In the event that any enabling title provides for such modifications, these modifications shall be construed as null and void. Article 126.-Opening. Where the commission of any of the infringements established in this Law is presumed, the Disconcentrated Agency of the Agency for the Regulatory and Control of Telecommunications shall issue the opening act of the sanctioning procedure. Such an act must indicate (i) the facts alleged to constitute the infringement, (ii) the criminalisation of the offences in question and the allegedly infringed provisions, (iii) the possible sanctions which would be imposed in the event of check their existence, as well as (iv) the deadline for formulating the discards. In this opening act, the technical-legal report to be attached must be attached. Article 127.-Tests. The alleged infringer may present his pleadings and discards and provide and request the evidence he deems necessary for his defence, within 15 working days of the notification of the act of opening of the proceedings. After this lapse, a period of fifteen working days shall be opened for the evacuation of the requested tests. In case of proven need for the
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evacuation of evidence by the alleged infringer or the Disconcentrated Agency of the Agency for Regulation and Control of the Telecommunications, the period for the evacuation of tests may be extended by means of a duly reasoned act. The evidence permitted by the current legal order with the exception of the judicial confession shall be admissible. Evidence which is not relevant for its lack of relation to the facts or which cannot alter the final decision in favour of the alleged infringer may be declared imparted. Article 128.-Research powers. The Disconcentrated Agency of the Agency for Telecommunications Regulation and Control will have research powers during the sanctioning procedure and may request all information, including that submitted to the Agency. banking, or requiring the collaboration of public or private entities or bodies for the determination of the facts or the existence of the infringement. Article 129.-Resolution. The Disconcentrated Agency of the Agency for the Regulatory and Control of Telecommunications, shall issue the resolution of the administrative sanctioning procedure within twenty working days after the expiration of the period of evacuation of tests. The time limit for resolving may be extended for a period of time for a period equal to the period referred to in the preceding paragraph. Article 130.-Athenas. For the purposes of the graduation of the penalties to be imposed or their remedy shall be considered the following mitigating circumstances: 1. Not having been sanctioned for the same offence, with
identity of cause and effect on the nine months prior to the opening of the sanctioning procedure.
2. To have admitted the infringement on the substantiation of the
sanctioning administrative procedure. In this case, a remedy plan must be submitted, which will be authorized by the Telecommunications Regulatory and Control Agency.
3. Have integrally remedied the infringement of form
voluntarily prior to the imposition of the sanction. 4. To have fully repaired the damages caused with
occasion of the commission of the offence, before the imposition of the sanction.
In case of concurrence, duly proven, of the extenuating circumstances 1, 3 and 4, the Agency Regulation and Control of Telecommunications, in cases where it considers applicable, and after assessment of the affectation to the market, to the service or to the users,
may refrain from imposing a sanction, in case of violations of first and second class. This provision does not apply for third and fourth class infractions. Article 131.-Agravants. In the exercise of its sanctioning power, the following aggravating circumstances must also be assessed: 1. The obstruction of the audit work,
investigation and control, before and during the substantiation of the sanctioning procedure for the sanctioned infringement.
2. Obtaining economic benefits on the occasion of
the commission of the infringement. 3. The continued character of the offending conduct. Article 132.-Legitimacy, enforceability and corrective measures. The administrative acts that resolve the administrative sanctioning procedures are presumed legitimate and have executive force once notified. The infringer must comply with them immediately or in the time specified in those acts. If the infringer does not voluntarily comply with the payment of the fine imposed, the fine shall be levied by the co-active enforcement procedure, without prejudice to the origin of new penalties, in accordance with the provisions of the Law. The imposition of administrative or judicial remedies against decisions of the administrative sanctioning procedures does not suspend its enforcement. In addition to the penalty imposed, compliance with the obligations arising from the sanction or appropriate corrective measures and proportionate to the non-compliances may be ordered. For this purpose, it may even request the assistance and collaboration of the public or other public entities. In the event that the offender, within the ordered period, does not comply with the decision in the sanctioning procedure, the Agency for the Regulation and Control of Telecommunications may, in the alternative, execute the resolved and recover, via execution (a) which is the subject of an anti-offender, the costs incurred in the subsidiary execution. In addition, compensation may be ordered for damages to third parties, such as the return of securities unduly charged with their respective interests or compensation to subscribers, customers or users by suspension, interruption or poor quality of service. Article 133.-Preventive measures. Before or in any state of the administrative sanctioning procedure, you may adopt preventive measures, such as the order to cease a conduct,
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the order to allow access, interconnection, occupancy or sharing, suspension of charging for a fee, suspension of a service, among others. Preventive measures must be in line with the intensity, proportionality and needs of the damage to be avoided. Where the preventive measure is taken before the start of the administrative penalty procedure, that measure shall lapse if the procedure is not initiated within 15 working days from the date of its notification. Article 134.-Appeal. The resolution of the Disconcentrated Agency of the Agency for the Regulatory and Control of Telecommunications in the administrative procedure sanctioning, may be appealed administratively on appeal to the Executive Director of the Agency within the period of 15 working days of notification. This official shall have a period of sixty working days to resolve and shall do so in the merit of the orders, without further processing. The appeal shall not suspend the execution of the act or the measures which have been adopted or ordered, unless the Director so provides when the execution of the act or the measures may cause prejudice to impossible or difficult repair. Article 135.-Prescription. The administrative power to impose the penalties provided for in this Law shall be prescribed within a period of five years from the date of the infringement, or, where appropriate, from the day on which the Agency for the Regulation and Telecommunications has become aware of the facts of the infringement by any means. The execution of the administrative penalties imposed, in accordance with the provisions of this Law, shall be prescribed at the five years from the time they are signed.
CHAPTER IV Intervention and Reversion of Goods by Revocation
Article 136.-Intervention. Within the administrative procedure sanctioning for fourth class infractions or in the cases provided for in the enabling titles involving the sanction of revocation, the Agency for the Regulation and Control of the Telecommunications order the intervention of the enabling title, in order to safeguard the public interest and guarantee the continuity of the service. Article 137.-Intervention procedure. The Telecommunications Regulatory and Control Agency shall establish the administrative procedure for the intervention, its effects and scope, by designating a financial controller, together
with the management body of the (a) it shall be responsible for the fulfilment of the obligations whose failure to comply has led to the initiation of the sanctioning procedure and shall take the necessary measures to ensure the continuity of the service. The intervention will last until, at the discretion of the Agency for the Regulation and Control of Telecommunications, and on the basis of the reports of the financial controller, the non-compliance has been remedied or the continuity of the services has been guaranteed, case The reverse shall be carried out with the revocation of the enabling title. Article 138.-Reversion of assets by revocation of the enabling title The revocation of the enabling title for the provision of a telecommunications service entails the reversal of the assets affected by the provision of the service in the cases which the Agency for the Regulatory and Control of Telecommunications determines. The resolution of revocation shall include the order of reversal of the goods affected by the provision of the service, which shall constitute a transfer of the domain of the goods. For the determination of the amount that the State will pay to the service provider by way of the reversal of the goods affected by the service, the original value of the depreciated and depreciated goods will be treated, according to information the accounting officer declared by the provider for the payment of the income tax. Article 139.-Disablement. Natural or legal persons who have been the subject of a fourth class sanction, in accordance with the provisions of this Law, which implies the revocation of the enabling title, may not apply for or obtain any qualifying titles for provide telecommunications services or use the radio spectrum.
TITLE XIV INSTITUTIONALITY FOR
REGIONS AND CONTROL
CHAPTER I Telecommunications Ministry and
of the Society of the Information
Article 140.-Sector Rectory. The Ministry responsible for the Telecommunications and Information Society sector is the governing body for telecommunications and the information society, information technology, information and communications technologies and the information society. information security. It is for the purpose of the establishment of policies, guidelines and plans applicable in such areas for the development of the information society, in accordance with the provisions of this Law, its General Regulation and the the development of the national level.
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The plans and policies that the Ministry will dictate must be framed within the objectives of the National Development Plan and will be mandatory compliance for both the public and private sectors. Article 141.-Powers of the Governing Body. Corresponds to the governing body of the Telecommunications and Information Society sector: 1. To exercise, at international level, the representation of the
Ecuadorian State in the field of telecommunications, radio spectrum and information and communications technologies. The Ministry of Telecommunications and the Information Society exercises the Telecommunications Administration of Ecuador to the International Telecommunication Union (ITU) and other international organizations.
2. Formulate, direct, guide and coordinate policies,
plans and projects for the promotion of information and communication technologies and telecommunications development, as well as monitoring and evaluating their compliance.
3. Formulate, direct, orient and coordinate policies
for the proper administration and management of radio spectrum subject to this Law.
4. Promote, in coordination with public institutions or
private, scientific and technological research in telecommunications, information and communication technologies, as well as the execution of projects that support it.
5. Approve the Universal Service Plan and define the
telecommunications services that are included in the Universal Service.
6. Make the contracts and procedures that are
necessary for the fulfillment of the Universal Service Plan and its projects and issue the necessary instructions to the Agency for the Regulation and Control of Telecommunications for the inclusion of universal service obligation in the enabling titles.
7. Coordinate and lead the effective use of technologies
of information and communication in public bodies.
8. Manage the
of orbital or satellite orbital positions
the International Telecommunication Union or other international organizations in favor of the Republic of Ecuador.9. Determine, for the purposes of compliance with their
competencies, the sector information to require from telecommunications service providers or providers.
10. Establish technical policies and standards for the setting
of fees or consideration in application of Articles 9 and 11 of this Act.
11. The others established in this Law, its General Regulation and in general in the current legal order.
CHAPTER II Regulatory and Control Agency
of Telecommunications
Article 142.-Creation and nature. Create the Agency for the Regulation and Control of Telecommunications (ARCOTEL) as a legal person governed by public law, with administrative, technical, economic, financial and own autonomy, attached to the Ministry of Telecommunications and the Information Society. The Telecommunications Regulatory and Control Agency is the entity in charge of the administration, regulation and control of telecommunications and radio spectrum and its management, as well as technical aspects of the management of telecommunications. social media using radio spectrum frequencies or installing and operating networks. Article 143.-domicile and deconcentration. The Agency for the Regulation and Control of Telecommunications will be based in the Metropolitan District of Quito, without prejudice to the establishment of offices for management of the company in order to promote the administrative deconcentration, in accordance with the provisions of the existing legal order. By way of derogation from this Article, regulatory powers may not be concentrated. Article 144.-Powers of the Agency. Corresponds to the Telecommunications Regulatory and Control Agency: 1. Issue the regulations, technical standards, plans
technical and other acts that are necessary in the exercise of their competencies, so that the provision of the telecommunications services comply with the provisions of the Constitution of the Republic and the objectives and principles provided for in this Law, in accordance with the policies dictated by the Ministry of Telecommunications and the Society of the Information.
2. Develop, approve, modify and update the
National Frequency Plan
3. Prepare the economic assessment proposals forthe allocation and use, use and/or exploitation of the radio spectrum, fees for use of frequencies and rights to grant and renew the enabling titles.
4. Exercise control of the provision of the services of
telecommunications, including the international long distance service, for the purpose of these activities and services to be subject to the legal order and to the established in the corresponding enabling titles.
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5. Exercise technical control of the
social communication media using radio spectrum frequencies or installing and operating networks, such as audio and video by subscription.
6. Control and monitor the use of spectrum
radio. 7. Normalize, substantiate and resolve the procedures of
granting, administering, and extinguishing the enabling titles provided for in this Act.
8. Implement, organize and administer the Registry
Public Telecommunications. 9. Authorize the assignment, transfer or disposal of the
enabling titles in accordance with the provisions of this Law. This number does not apply to the enabling titles granted under the Organic Law of Communication and its development regulations.
10. Regulate and control fees for the provision of the
telecommunications services pursuant to this Act.
11. Set the requirements, contents, conditions,
terms and deadlines for the enabling titles. 12. Establish general or particular regulations
when there are distortions of competition in telecommunications services or the rights of subscribers or users, including special rules for those providers which, individually or collectively, have market power.
13. Approve and register the pipeline agreements and
access and order their modification where necessary, in accordance with this Act.
14. Regulate interconnection and access and intervene in
such relationships, as well as issue corresponding provisions in accordance with this Act.
15. Establish and collect economic rights by the
provision of telecommunications services and other securities established in this Law in the framework of their competencies.
16. Raise the contribution for the execution of the universal service
. 17. Approve the terminal equipment of
telecommunications and qualify the corresponding technical certification laboratories.
18. Initiate and substantiate the administrative procedures
for the determination of violations and to impose, where appropriate, the penalties provided for in this Law.
19. Exercise, in accordance with the Law, jurisdiction
co-active in all cases within its jurisdiction.
20. To authorize, in the field of their competence, operations which, in any way, involve a change in the control of telecommunications service providers, in accordance with the provisions of this Law and its General Regulation and the rules that you issue.
21. Substantiate and normalize the care procedures of
claims for violation of the rights of subscribers and users of telecommunications services.
22. Inspect and audit the installation, establishment
and exploitation of telecommunications networks and social media systems using radio spectrum, as well as subscription audio and video networks.
23. Require the service providers of
telecommunications any information deemed appropriate, produced as a result of the provision of services and execution of the enabling titles within the scope of their competencies.
24. Evaluate and regulate the market behavior of
telecommunications, determine the existence of distortions that affect competition or that violate the rights of subscribers and users, as well as determine the existence of providers which, individually or jointly, exercise market power.
25. Perform studies on the
Telecom sector and maintain and publish statistics for that sector.
26. Regulate the occupation of property and infrastructure of
private property for the installation of telecommunications networks and issue easements of passage and occupation, in accordance with the provisions of this Law.
27. Coordinate with the competent public authorities the
access and occupation of public domain goods to achieve the objectives of this Law.
28. Establish the necessary regulations to ensure
the security of communications and the protection of personal data.
29. Regulate and control activities related to the
electronic commerce and electronic signature, in accordance with the current legal order.
30. Exercise all other powers provided for in this
Law and which have not been attributed to the Ministry of Telecommunications and the Information Society or in the current legal order.
Article 145.- Directory. The Telecommunications Regulatory and Control Agency will have a Board of Directors made up of three members who will not have a dependency relationship with this entity. It will be integrated by:
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a) The Chancellor of the Telecommunications and the
Information Society, or its permanent delegate, who is
b) The National Secretary for Planning and Development or
its permanent delegate; and, (c) A member designated by the President of the
Republic. The Executive Director of the Telecommunications Regulatory and Control Agency will act as Secretary of the Board and will participate in a voice but without a vote. The members of the Board or its permanent delegates and the Executive Director of the Agency for the Regulatory and Control of Telecommunications shall meet the following conditions: 1. Be Ecuadorian or Ecuadorian. 2. Have a third-level professional title. 3. Do not be subject to a prohibition for the exercise
of a post or public office. 4. Have proven technical expertise and experience and
professional in the telecommunications sector. The members of the Board or its permanent delegates and the Executive Director, in order to initiate their duties, shall submit a sworn statement not to maintain conflicts of interest with private service providers in the terms provided for in Article 232 of the Constitution of the Republic. The Board shall be in regular session at least once a month and in an extraordinary manner, when any of its members or the Executive Director, in a justified manner, requests it. The call will be made by the President of the Board, who will also determine the points to be addressed in the sessions. During the sessions, any of the members and the Executive Director may, in a reasoned manner, request the treatment of a matter. The other rules governing the operation of the Board shall be in the General Rules of Procedure. Article 146.-Directory attributions. Corresponds to the Directory of the Agency for Regulatory and Control of Telecommunications: 1. Approve the general rules for granting and
extinction of the enabling titles contemplated in this Law.
2. Approve, modify, and update the
Frequency National Plan. 3. Approve the economic valuation for the allocation and
use, use and/or exploitation of the radio spectrum, fees and rights to grant and renew the enabling titles.
4. Limit, at any time, the number of concessions to be granted for the use, use and/or exploitation of radio spectrum for telecommunications, in order to ensure the rational or efficient use of radio spectrum, by economic reasons or to achieve a public interest objective, in which case the allocation of radio spectrum frequencies shall be carried out by competitive public procedure.
5. Approve the budget pro forma and annual report of
the Telecommunications Regulatory and Control Agency.
6. Approve the Strategic Plan and the Organic Statute of
Organizational Management by processes of the Telecommunications Regulatory and Control Agency.
7. Approve the regulations provided for in this Act or the
required for compliance and internal regulations for the operation of the Agency.
8. Designate the Director or Executive Director of the
Telecommunications Regulation and Control Agency of a third party present the Chairman of the Board, and remove it from being necessary.
9. Approve the economic rights for the granting
of enabling securities for the provision of services and for the use, exploitation and/or exploitation of the radio spectrum, as well as the processing fees established in this Law; and,
10. The others found in this Law and in the
legal order in force. Article 147.-Executive Director. The Agency for the Regulation and Control of Telecommunications will be managed and managed by the Executive Director, with the free appointment and removal of the Board. With the exception of the powers expressly reserved to the Board, the Executive Director has full competence to issue all the necessary acts for the achievement of the objectives of this Law and the fulfilment of the functions of administration, management, regulation and control of telecommunications and radio spectrum, as well as to regulate and control the technical aspects of the management of social media using radio spectrum frequencies or to install and operate networks, such as audio and video subscription. It shall exercise its powers in accordance with the provisions of this Law, its General Regulations and the technical standards, general plans and regulations issued by the Board and, in general, in accordance with the provisions of the current legal order. Article 148.-Powers of the Executive Director. Corresponds to the Director or Executive Director of the Telecommunications Regulatory and Control Agency:
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1. Exercise management, administration and representation
legal, judicial and extrajudicial of the Agency. 2. Approve the institutional planning of the Agency of
Regulation and Control of Telecommunications. 3. To direct the procedure of substantiation and resolve
on the granting and extinction of the enabling titles contemplated in this Law, both in direct grant and through public tender, as well as to subscribe the corresponding ones enabling securities, in accordance with this Law, its General Regulation and the regulations issued by the Directory.
4. Approve the regulations for the provision of each of
telecommunications services, including technical, economic, access and legal aspects, as well as the requirements, content, terms, conditions and deadlines of the qualifications and any other aspects necessary for the fulfilment of the objectives of this Law.
5. Approve the fundamental technical plans and their
subsequent modifications. 6. Authorize the transfer, transfer or disposal of the
enabling securities in accordance with this Law and in the current legal order.
7. Authorize operations that, in any way,
involve a change in the control of telecommunications service providers, in accordance with the provisions of this Law and its General Regulations and the rules it issues.
8. Know and resolve on appeal resources
filed against acts issued by the Agency's Disconcentrated Body, within the sanctioning procedure.
9. Appoint, hire, suspend and remove staff
from the Agency. 10. Present the Agency's annual budget pro forma and report
and submit it to the Board's approval.
11. Approve internal regulations, subscribe to contracts, and
issue the administrative acts necessary for the operation of the Telecommunications Regulatory and Control Agency.
12. Delegate one or more of their competencies to the
officials of the Telecommunications Regulatory and Control Agency.
13. To collect the economic rights for the
granting of securities for the provision of services and for the use, exploitation and/or exploitation of the radio spectrum, as well as the fees for processing established in this Law.
14. Raise the contribution for the execution of the universal service
.
15. Present for approval of the Directory the projects of institutional strategic plan and organic status by processes of the Agency of Regulation and Control of the Telecommunications.
16. Exercise the other competencies set forth in this
Law or legal order not attributed to the Directory.
GENERAL PROVISIONS
First.-Public consultation procedure. For the issuance or modification of plans or acts of normative content, the Agency for the Regulation and Control of Telecommunications shall carry out public consultations to receive opinions, recommendations and comments from those affected or interested, in physical form or by electronic means. The opinions, suggestions or recommendations made in the public consultation procedure shall not be binding. In all cases for the issue of regulatory acts, studies or reports shall be provided to justify their legitimacy and opportunity. The Telecommunications Regulatory and Control Agency will regulate the public consultation procedure provided for in this article.
Second.-Advisory Board. The Agency for the Regulation and Control of Telecommunications, will create an Advisory Council for the defense of the rights of users of telecommunications services; its organization and operation will be subject to the regulations that for the effect of the Agency for the Regulation and Control of Telecommunications. This Council is made up of: a) A delegate from the Directorate of the Agency of the Agency
Telecommunications, who will preside over it.
b) A delegate from the Ombudsman's Office. (c) A delegate of the public companies, prorders of
telecommunications services. d) A delegate of private companies, providers of
telecommunications services. e) A delegate of the service users of
telecommunications. The delegates referred to in points (c), (d) and (e) shall be appointed by means of electoral colleges, organized by the Council for Citizen Participation and Social Control, and shall not receive remuneration or allowances and shall last for two years in office.
Third Supplement -- Official Registration No. 439 -- Wednesday, February 18, 2015 -- 39
The recommendations issued by the Advisory Board will not be binding and will be limited to the scope of the rights of users of telecommunications services. Third.-Destination of revenue. The income derived from the payment of rights generated by the granting of enabling titles in the field of telecommunications and the use of radio spectrum, as well as the contributions established in this Law, will be paid to the General budget of the State, with the exception of fees for administrative services. Likewise, the remaining balances of the subscribers or customers, originating from the recharges, the return of which has not been requested within ninety days from the generation of the causal return, will be transferred by the service provider to the General Budget of the State, when the contractual relationship for the provision of the service is concluded, in accordance with the procedure issued by the Telecommunications Regulatory and Control Agency for the purpose. Fourth.-Construction and deployment of infrastructure. The Ministry of Telecommunications and the Information Society will establish the policies, regulations, timetables and criteria for the underlaying of telecommunications networks and infrastructure. Any construction of public works or projects in which the Central Government requests the removal and relocation of public utilities facilities and that has as an area of incidence or affectation the areas included in the plan of underground and Telecommunications networks and infrastructure shall be subject to or ordered. From the entry into force of this Law, all road and urban development and housing projects must necessarily provide for the construction of ducts and chambers for the underlaying of telecommunications networks and infrastructure. in accordance with the provisions of the Organic Code of Territorial Organization, Autonomy and Decentralization (COOTAD) and this Law.
TRANSIENT provisions
First.- The enabling titles for the provision of telecommunications services awarded prior to the issuance of this Law shall remain in force until the expiry of the period of their duration without the need for a new title. However, telecommunications service providers shall comply with all the obligations and provisions contained in this Law, their General Regulation, the plans, rules, acts and regulations issued by the Regulatory Agency. Control of Telecommunications. In the event of a contradiction or divergence between the provisions of the enabling titles and the provisions of this Law and its General Regulations, including the acts resulting from its application, these provisions shall prevail.
Second.- The enabling titles whose granting are in progress at the time of the enactment of this Law shall be processed in accordance with the procedures provided for in the previous legislation before the Agency for Regulation and Control of the Telecommunications. However, the Agency for the Regulation and Control of Telecommunications shall establish the contents, conditions, terms and time limits of these titles, in accordance with the provisions of this Law. Third.- The administrative judgments initiated prior to the enactment of this Law will be dealt with by the Agency for the Regulation and Control of Telecommunications in accordance with the procedures provided for in the previous legislation and the existing penalties applicable to the date of the commission of the infringement. Fourth.- The President of the Republic, within one hundred and eighty days, shall issue the General Regulation of this Law. Fifth.- The Agency for the Regulation and Control of Telecommunications, within one hundred and eighty days from the publication in the Official Register of this Law, will formally and materially adapt the secondary legislation the CONATEL or the extinct CONARTEL has issued and will issue the regulations, technical standards and other regulations provided for in this Law. In those aspects that do not object to this Law and its General Regulations, the regulations issued by the National Telecommunications Council shall remain in force, as long as they are not expressly repealed by the Regulatory Agency and Control of Telecommunications. Sixth.- The Board of the Agency for the Regulatory and Control of Telecommunications, with the purpose of maintaining the continuity of the activities of regulation, administration, management and control, will approve a temporary structure of the Agency, under the names corresponding to the new institutionality. Until the appointment of the Executive Director or the Executive Director of the Agency, the Minister for Telecommunications and the Information Society shall exercise those powers. Seventh.- The servers and workers that were providing services in the Telecommunications Superintendence, the National Telecommunications Council and the National Telecommunications Secretariat are part of the payroll of the Agency for the Regulation and Control of Telecommunications, retaining their rights in accordance with the law. In one hundred and eighty working days, the Telecommunications Regulatory and Control Agency will carry out a process of evaluation, rationalization and selection of human talent and, if necessary, will remove unnecessary posts and carry out the actions. necessary in accordance with the provisions of the Public Service Organic Law, its General Regulation and the applicable rules. Eighth.- Within the period of up to one hundred and eighty days, counted from the publication of this law in the Official Register the natural persons possessing of
40 -- Third Supplement -- Official Registration No. 439 -- Wednesday, February 18, 2015
Enabling titles of the audio and video service by subscription, may be constituted in a merchant company which, upon authorization of the Agency for the Regulation and Control of Telecommunications, shall become the holder of the said rating in the terms and time limits provided for in the original title in the name of the natural person, for such purposes, the Agency shall draw up the respective. Novena.- The operators of the operators of the CONECEL S.A. and TECECA S.A., within the period of ninety days from the date of publication of this Law in the Official Register, having as a precedent the resolutions issued by the (a) the extinguished Superintendence of Telecommunications related to the penalties imposed for " charging their subscribers for the provision of the cellular mobile phone service, rates with rounded billing at the minute immediately above, that is, for the time not actually used by users " and in the face of the impossibility of returning to The request of each subscriber is unduly charged, they will have to transfer these values more the legal interests to the Agency for the Regulation and Control of the Telecommunications, in order for the same ones to enter the General Budget of the State. The Telecommunications Regulatory and Control Agency shall arbitrate any measures necessary to ensure that this provision is met without delay.
REPEAL provisions
First.- Repeals Special Telecommunications Law and all its reforms and the General Regulations to the Special Law on Reformed Telecommunications, the Broadcasting and Television Law and its General Regulations, as well as the provisions contained in regulations, ordinances and other rules which are contrary to this Law. Second.- The Constituent Mandate No. 10, published in the Supplement to the Official Registry 348 of 29 May 2008, and the Organic Reform Law to the Constituent Mandate No. 10, published in the Supplement to the Official Register No. 37, of 30 September 2009.
FINAL PROVISIONS
First.- The Telecom Superintendency, the National Telecommunications Council (CONATEL), and the National Secretariat
are deleted. Budget items, movable and immovable property, assets and liabilities, as well as the rights and obligations arising from contracts, conventions and national and international instruments relating to such entities, pass to the Agency Regulation and Control of Telecommunications. The rights and obligations arising from contracts, agreements and national and international instruments related to the planning of the use of radio spectrum, as well as the elaboration of the National Plan of Frequency, are assumed by the Agency for the Regulation and Control of Telecommunications. Second.- The Superintendent of Telecommunications and the National Telecommunications Secretary, in application of the provisions of the Final Disposition First, will cease to be in office as of the publication of this Law in the Official Registration; in this reason, the period for which they were appointed is hereby declared. Third.- The representation of the Ecuadorian State to the International Telecommunication Union (ITU) is assumed by the Ministry of Telecommunications and the Information Society, which will have the advice The regulatory technical and regulatory authority of the Agency for the Control of Telecommunications, to which the relevant coordination will be carried out. Fourth.- The Agency for the Regulatory and Control of Telecommunications will exercise the functions of regulation, control and administration attributed to the National Council of Telecommunications, Superintendence of Telecommunications and National Secretariat Telecommunications in the Law of Electronic Commerce, Electronic Signatures and Data Messages, its General Regulations and other regulations. Fifth.- This Law shall enter into force on the basis of its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, ten days in the month of February, two thousand fifteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
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