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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE N ° 787
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That in accordance with Article 110 of the Constitution, it is the duty of the State to regulate and monitor public services; seeking to promote access to the service of telecommunications and the protection of the rights of users.
II.-That are the rights of users of the public telecommunications service, among others, to access the telephone service without interference or interventions; to not be arbitrarily disconnected from the service; to be compensated for the damages caused by the operators, as established by the corresponding laws; to in the respective service contract the terms and conditions under which the service will receive the service are clearly specified, especially regarding the quality, coverage, rates and continuity of the service; to be informed in advance of the cuts of the services to carry out maintenance tasks and the length of time estimate of the same; to be priced and invoiced to the second exact in all telephony services, where the time is the unit of the measure.
III.-That it is necessary to establish provisions that allow, in accordance with the framework constitutional and legal force, guarantee the provision of the same under conditions of quality, continuity and regularity.
IV.-That reforms to the Law of Telecommunications should be carried out in order to be issued norms that define the technical reference parameters and indicators to measure the quality of the services of the telecommunications provided by the operators of commercial networks; and that, if they are to the detriment of the users, they are compensated by the operators.
BY TANTO,
in use of their constitutional faculties and at the initiative of the Deputies Othon Sigfrido Reyes Morales, Jose Francisco Merino Lopez, Irma Lourdes Palacios Vasquez, Francisco Jose Zablah Safie, Rodolfo Antonio Martinez, Damian Alegria, Blanca Noemi Coto Estrada, Bertha Mercedes Aviles de Rodriguez, Jose Alvaro Cornejo Mena, Norma Fidelia Guevara de Ramírios, Manuel Rigoberto Soto Lazo, Abner Ivan Torres Ventura and Martir Arnoldo Marin.
DECRETA the following:
REFORMS TO THE TELECOMMUNICATIONS LAW
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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Art. 1.-Add the fourth and fifth points to Art. 1 as follows:
" The SIGET in the exercise of its functions must be obtained from the operators of commercial telecommunications networks, the necessary technical information to verify compliance with the Law, its Regulations and the applicable rules.
The SIGET shall perform in itself, or through the authorized and designated experts or auditors, and supervised by the staff of the SIGET, the inspections it deems necessary in order to verify the accuracy of the information provided, to the extent necessary for the exercise of its functions. "
Art. 2.-Add an Art. 5-A as follows:
" Art. 5-A.-SIGET shall establish technical regulations based on the quality standards of public telecommunications services. Any operator of commercial telecommunications networks shall be obliged to:
(a) Dispose of an auditable measurement system to enable the verification of the quality of the public telecommunications services and the verification of the measurements, according to the technical regulations based on the quality standards dictated by the SIGET; and,
b) To inform in the periods that the SIGET indicates, on the requirements laid down in the technical regulations based on the Quality of services, indicating the non-compliances of quality indicators related to the establishment and duration of telephone calls, data services, text and multimedia messaging, voice quality, application of rates, customer service, radio coverage, damage and failures in networks and other services
The SIGET will be responsible for defining the measurement and control methodology, the content and the form of information exchange; it can audit information and processes at the moment that the
Such technical regulations will be issued by the SIGET in coordination with the Salvadoran Technical Regulatory Agency (OSARTEC) ".
Art. 3.-Addition of literals (j) and (k) to Art. 33 as follows:
" j) Failure to comply with technical regulations based on the quality standards of public telecommunications services established by the SIGET, in the period of control defined by this institution; and,
k) Failure to pay compensation resulting from a claim process established in this Act. "
Art. 4.-Add the literal or) to Art. 34 as follows:
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" o) The repeated failure to comply with technical regulations based on quality standards service established by the SlGET, concerning quality indicators related to the establishment and duration of telephone calls, data service, text and multimedia messaging, voice quality, application of rates, attention customer, radio coverage, damage and failures in networks and other services provided in telecommunications networks. "
Art. 5.-Add the literal (l) to Art. 98 as follows:
" l) For non-compliance in the provision of telecommunications services instituted in technical regulations based on quality of service standards established by the SIGET ".
Art. 6.-This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-eight days of August of the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, at the nineteenth day of September of the year two thousand fourteen.
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PUBESCOESE,
Salvador Sánchez Cerén, President of the Republic.
Tharsis Salomon López Guzmán, Minister of Economy.
D. O. No. 176 Took No. 404 Date: September 24, 2014
PCH/geg 22-10-2014
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