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DECREE No. 170 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
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I. That pursuant to Article 110 last paragraph of the Constitution, the State regulate and monitor public services provided by private companies;
II.- by Legislative Decree No. 142 dated November 6, 1997, published in the Official Gazette No. 218, Volume No. 337 of 21 of the same year the Telecommunications Act was passed;
III.- That Article 2 of the Telecommunications Act determines that among the purposes to be achieved through this law are the development of a competitive telecommunications market at all levels and the protection of rights users, operators of telecommunications service providers and people in general;
IV.- That Article 29 paragraph c) of the Telecommunications Act identifies as right of users among others, to connect to the network termination points, any computer or device owned, leased or purchased any title, without prior authorization service operator, is the release of the frequency bands of mobile devices;
V. They currently most operators of commercial telecommunications networks block devices market to offer mobile phone service, so that they be used exclusively on their networks;
VI.- that the removal of terminal locking allow a user to swap the SIM cards from different operators in one device, provided the device is compatible to operate in the frequency bands used by operators of such issuers SIMs; which would increase competition for quality of services and prices in the telecommunications market in this regard to achieve this goal, telephone operators, as well as natural or legal persons who have the authorization to market devices unlocked mobile phone must deliver the same, as long as this is acquired in the pre payment method or cash in the post payment mode; and in the event that the purchase of such equipment is by way of contracting deadlines and under the postpaid mode, operators must unlock such equipment to the expiration of the contract; That VII.-
considering that users can exercise their right to connect to the termination points of the network, any computer or device owned,
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THEREFORE,
in exercise of its constitutional powers and initiative of Deputies Francisco José Zablah Safie and Douglas Leonardo Mejia Aviles, and with the support of Deputies and the Deputies Blanca Coto Noemi Estrada, Eduardo Enrique Zepeda Barrientos, Roberto Lorenzana Francisco Duran, Roberto d'Aubuisson Jose Munguia, Edwin Victor Alejandro Zamora David, Rodolfo Antonio Martinez, Cesar Humberto Garcia Aguilera and Martyr Arnoldo Marin.
DECREES the following:
AMENDMENTS TO THE TELECOMMUNICATIONS ACT
Art. 1. hereby added a second and third paragraph to paragraph f) of Article 29 as follows:
"The supply contract telephone or telecommunications public service is independent of the contract for the provision of terminal equipment. so it may not condition the corresponding service term supply contract to supply the device, and vice versa.
Notwithstanding the above, the client or user may choose to purchase your telephony device by contracting deadlines, ie under the postpaid mode with the operator shall choose; however, once the contractual period expired, if the device is locked, the operator is obliged to free desbloquearle of the said team owner. "
Art. 2. hereby added a literal m) to Article 29 as follows:.
"M) To telecommunications equipment, are offered without locks, or subject to technical configurations, whether electronic, software or physical that restrict their use to the dealer network that provides telephone service.
When the acquisition under a contract installment, the operator is required to unlock the terminal equipment for free once you have completed the service contract for which was provided the terminal. In any case blocking equipment may exceed the period stipulated in the contract, which may not exceed 18 months from the signing.
They can not be unlocked and activated to hire new services, those devices that are in the database of stolen or stolen devices.
Failure to comply with the provisions of this subparagraph, constitutes a very serious infringement under Article 34 literal n) of this Act.
Marketing of mobile handsets may be made by any natural or legal person, provided as it has enrollment of trade legally registered and meets the legal requirements for this type of economic activity.
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Art. 3. Suprímese the Literal b) of Art. 32.
Art. 4. hereby added a literal n) to Article 34 as follows:.
N) Failure to comply with the provisions of subparagraph m) of article 29 of this law regarding compulsory and free unlock the phone, not allowing. connect to it in the network termination points any computer or device owned or obtained any title.
Art. 5. The release of any mobile device purchased by users shall take effect from the effective date of this decree, which will be at no cost to users.
In any case, the SIGET must within a period not exceeding 30 days, counted from the entry into force of this Decree issuing the regulations governing phone unlocking procedure established therein.
This Decree shall prevail over any other provision that runs counter.
Art. 6. This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty days of October two thousand and twelve.
OTHON Sigfrido Reyes Morales, president.
LUIS VALDEZ ENRIQUE ALBERTO SOTO, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, MENJIVAR VICENTE MANUEL ESQUIVEL, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, ERNESTO ANTONIO ANGULO MILE, QUINTA Secretariat. SIXTH SECRETARY.
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JOSE FRANCISCO ZABLAH SAFIE, ORANTES SERAFIN JOSE RODRIGUEZ, seventh Secretary. EIGHTH SECRETARY.
NOTE:
In compliance with the provisions of Article 97, Section 3 of the Rules of Procedure of this organ of the State, it is noted that this decree was returned with remarks by the President of the Republic the day. 14 November 2012; solving this Legislature, partially accept those comments in plenary session held on November 14 this year.
IRMA VASQUEZ PALACIOS LOURDES
FIFTH HOUSE PRESIDENTIAL SECRETARY: San Salvador, on the twenty-fifth of November two thousand and thirteen.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Jose Armando Flores German Economy Minister
TOMO OJ No. 224 No. 401 DATE: November 29, 2013
JCH / geg 01/08/2014
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