THE full whereas, article 261 of the Constitution, determines that the central State will have exclusive competences on:... "10. The spectrum radio and the regime general of communications and telecommunications; ports and airports. "; That, in accordance with section 313 of the Constitution, are considered strategic sectors energy in all its forms, telecommunications, non-renewable natural resources, transport and refining of hydrocarbons, biodiversity and genetic heritage, radio spectrum, water, and others to be determined by the law, reserved for the State, the right to manage, regulate, control and manage strategic sectors; The Constitution in its article 408, determines that the radio spectrum is a natural resource of unattachable, imprescriptible and inalienable property of the State; That, according to article 314 of the Constitution of the Republic, the State will be responsible for the provision of public services, among others, telecommunications and have the prices and rates for these public services are equitable, establishing its control and regulation. That, the Constitution of the Republic in its article 16, enshrines the right of all them people in form individual or collective to the access in equality of conditions to the use of them frequencies of the spectrum radio for it management of stations of radio and television public, private and community, and to bands free for the exploitation of networks wireless; That, as enshrined in article 17 of the same Constitution, the State will promote plurality and diversity in communication, and effect, will ensure that allocation, through transparent methods and on equal terms, of the frequencies of the radio spectrum, for the management of public, private and community radio and television stations, as well as access to free bands for the exploitation of wireless networks , and precautelará its use to prevail the collective interest; That, article 315 of the Constitution of the Republic provides that the State shall constitute public companies for the management of strategic sectors, the provision of public services, the sustainable use of natural resources or public goods, and the development of other economic activities and public enterprises will be under the regulation and the specific control of the relevant agencies , in accordance with the law, to the effect that, law will define the participation of the public companies in joint ventures in which the State will always have the shareholder majority, for the participation in the management of strategic sectors and the provision of public services; That, according to article 316 of the Constitution of the Republic, the State may delegate participation in strategic sectors and public services to joint ventures in which have majority shareholding. The delegation shall be subject to the national interest and will respect the terms and limits laid down in the law for each strategic sector, and exceptionally, may delegate to private initiative and the popular and solidary economy, the exercise of these activities, in cases established by law; That, through resolution No. 1 of the Constitutional Court, published in official register supplement 629 of 30 January 2012, are interpreted Articles 315 and 316 distinguishing the management of administration, regulation and control by the State and determining the role of public enterprises delegatarias of public services; That, the article 84 of the Constitution of the Republic determines that it Assembly national and all organ with power normative will have it obligation of adapt, formal and materially, them laws and others standards legal to them rights planned in it Constitution and them treated international and which are necessary for ensure the dignity of the human or of them communities , peoples and nationalities. In any case, the reform of the Constitution, laws, other legal regulations or acts of public power ecuacorriente rights which recognizes the Constitution; That, the third transitional provision of the Constitution determines that the existing Superintendents will continue working until the legislature issue laws; That, article 133, paragraph 2 of the Constitution of the Republic, establishes that they will have the category of those basic laws governing the exercise of rights and constitutional guarantees; and, in exercise of the powers conferred upon them by the numeral 6 of the article 120 of the Constitution, issued the following: law organic of telecommunications title I provisions General Chapter I considerations preliminary article 1-object. This law aims to develop, the general regime of telecommunications and radio spectrum as strategic sectors of the State which includes the 4 - third supplement - official registration No. 439 - Wednesday 18 February 2015 powers of administration, regulation, control and management throughout the national territory, under principles and constitutionally established rights. Article 2-Scope. This law shall apply to the activities of the establishment, installation and operation of networks, use and exploitation of radio spectrum, telecommunications and services to all natural or legal persons engaged in such activities in order to ensure compliance with the rights and duties of the service providers and users. Used for the provision of sound and television broadcasting networks and services infrastructure of audio and video subscription systems, networks and infrastructure are subject to the provisions of the present law. It does not correspond to the purpose and scope of this law, the regulation of content. Article 3-Objectives. Are objectives of the present law: 1. promote the development and strengthening of the sector of the telecommunications. 2. encourage national and international, public or private investment for the development of telecommunications. 3. encourage the development of the industry of telecommunications products and services. 4. to promote and encourage the convergence of networks, services and equipment. 5. to promote the deployment of networks and telecommunications infrastructure, including audio and video subscription and the like, under national technical, policy, compliance and regulation of national level, related to management of networks, underground and camouflage.
6. promote the country have telecommunications networks of high speed and capacity, distributed on the national territory, the population among other services, enabling access to broadband Internet service.
7 establish the legal framework for the provision of public telecommunications services as a responsibility of the Central State, subject to the constitutionally established principles and those listed in the present law and applicable regulations, as well as the mechanisms of delegation of the strategic sectors of telecommunications and radio spectrum.
8. establish the frame legal for the emission of regulation ex before, that allow contribute in the promotion, promotion and preservation of them conditions of competition in them markets corresponding in the sector of them telecommunications, so is foster to the reduction of rates and to it improves of the quality in the provision of services of telecommunications.
9. establish the right conditions to guarantee citizens the right to access to public telecommunications services of optimal quality, with fair rates and prices and choose them freely as well as accurate and not misleading information about its content and features.
10 establish the field of quality control and procedures for the protection of the users of services of telecommunications, the penalties for the violation of these rights, reparation and compensation for defects, damage or poor quality of services and by the interruption of the public telecommunications services which is not caused by unforeseen circumstances or force majeure.
11 ensuring allocation through transparent methods and in equal of the frequencies of the spectrum radio that they attributed to the management of radio and television stations, public, private and community as well as access to free bands for the exploitation of wireless networks, preserving that use prevails interest group and under the principles and rules governing the equitable distribution of the radio spectrum.
12 promote and oversee the effective and efficient use of radio spectrum and other limited or scarce telecommunication resources and ensure the proper management and administration of such resources, without allowing direct or indirect use of frequencies and the hoarding monopoly or oligopoly.
13. promote technological neutrality and net neutrality. 14 ensure that the rights of the people, especially those that are focus groups, are respected and satisfied in the scope of the present law.
15. facilitate access by users with disabilities to telecommunications services, the use of terminal equipment and to exemptions and tariff benefits to be determined in the existing legal order.
enabling titles and its administration and management-related activities.
17 establish coordination mechanisms with organizations and Government agencies to address issues related to the telecommunications sector in terms of security of the State, emergency and delivery information to judicial investigations, within the due process.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 5 article 4.-principles. Administration, regulation, control and management of the strategic sectors of telecommunications and radio spectrum will be held in accordance with the principles of environmental sustainability, precaution, prevention and efficiency. The provision of the public telecommunications services will respond to the constitutional principles of obligation, generality, uniformity, efficiency, responsibility, universality, accessibility, regularity, continuity and quality as well as the principles of solidarity, non discrimination, privacy, universal access, transparency, objectivity, proportionality, priority use to encourage and promote the information society and knowledge, innovation, prices and rates equitable cost-oriented efficient use of infrastructure and scarce resources, technological neutrality, neutrality of network and convergence. Article 5.-Definition of telecommunications. Telecommunication means any transmission, emission or reception of signs, signals, text, video, images, sounds or information of any nature, by wire, optical or wireless systems, invented or by inventing. This definition does not limited, therefore they will be included in the same, any medium, form or type of transmission for technological innovation. Article 6.-other definitions. For the purposes of this law the following definitions shall apply: spectrum-set of electromagnetic waves propagated in space without artificial guide used for the provision of telecommunications, broadcasting and television, security, defense, emergency, transport, and scientific research, among others. Its use will respond to the constitutional provisions and principles. Station--one or more transmitters or receivers or a combination of transmitters and receivers, including accessory facilities, necessary for the operation of a service linked to the use of radio spectrum. Essential frequencies-frequency intimately linked to systems and networks involved in the provision of a service, used for the users access to the service, by means of terminal equipment. Frequencies not essential.-frequency related to systems and networks of telecommunications not considered as frequencies essential. Approval-is the process by which a terminal equipment of a kind, brand and model is subjected to technical verification to determine whether it is suitable to operate in a specific telecommunications network.
Non-ionizing radiation-for purposes of application of this law, shall include as the radiation generated by use of frequencies of the radio spectrum that is not able to directly impart energy to a molecule or even an atom, so that it can remove electrons or break chemical bonds. Broadcasting-service whose emissions are intended to be received directly by the public in general, covering noise emissions, TV or other. System audio and video subscription-subscription service, which transmits and eventually receives signals of image, sound, multimedia and data intended exclusively for a particular audience of subscribers. The technical terms used in this law not defined, shall have the meaning adopted by the International Telecommunications Union (ITU), conventions and international treaties ratified by Ecuador, or failing that, the provisions in the regulations to this Act and respective regulations.
Chapter II competence article 7.-powers of the Government Central. The State, through the Central Government has exclusive powers on the radio spectrum and the general regime of telecommunications. Has of the right of manage, regulate and control them sectors strategic of telecommunications and spectrum radio, which includes the authority to issue political public, plans and standards technical national, of compliance in all them levels of Government of the State. It management, understood as the provision of the service public of telecommunications is it will be according to the provisions constitutional and to it established in the present law. It has sole and exclusive jurisdiction to determine and to collect the values that for use of the radio spectrum or by concession or allocation rights correspond. Article 8.-Provision of services in a State of exception. In the event of aggression; conflict armed international or domestic; serious internal shock, public calamity; or natural disaster or emergency national, regional or local, when the Decree Executive of emergency issued by the Chairman or President of the Republic, involving the necessity of use of telecommunications services, providers that operate public telecommunications networks are obliged to allow the direct and immediate control by the governing body of the national defence the telecommunications services in the area affected. Such control shall cease when lifting the Declaration of State of 6 - third supplement - official registration No. 439 - Wednesday, February 18, 2015 except as provided for in article 166 of the Constitution of the Republic of Ecuador and the Decree of State of exception. The Central Government through the Agency for regulation and Control of telecommunications, will regulate the scope, rights, obligations, payment of the fair value of the used service as well as the procedure to be implemented through the appropriate protocol. The obligations of providers of telecommunications services, broadcasting and television, and audio and video subscription systems includes the dissemination of alerts prepared by the competent authority, facilities allow it to cases of national security or natural disasters as well as other actions and obligations that are established within that scope.
Title II networks and provision of services of telecommunication chapter I establishment and operation of networks article 9.-telecommunications networks. It refers to networks of telecommunications systems and other resources which permit transmission, emission and reception of voice, video, data or any kind of signals, through physical or wireless means regardless of the content or information courses. The establishment or deployment of a network comprises the construction, installation and integration of active and passive elements and the activities until it becomes operational. In the deployment of networks and telecommunications infrastructure, including audio and video subscription and similar, telecommunications service providers will be strict compliance with national technical and political standards, that are issued for the purpose. In the case of physical networks deployment and laying will be through underground ducts and Chambers in accordance with the policy of ordering and burying of networks that emits the governing Ministry of telecommunications and the information society. The central Government or the autonomous governments run the necessary works so that networks and telecommunications infrastructure are deployed in an orderly and buried, for which the governing Ministry of telecommunications and the information society will establish policy and national technical rules for the fixing of fees or compensation to be paid by service providers for the use of such infrastructure. Policies and rules of precaution and prevention, as well as camouflaging and visual pollution reduction must be met in the case of wireless networks.
The autonomous governments, in their local regulations will observe and give compliance with the technical regulations issued by the Agency for the regulation and Control of telecommunications as well as policies issued by the governing Ministry of telecommunications and the information society, favoring deployment of networks. International use of telecommunications networks are classified into: a) public telecommunications networks b) networks private from telecommunications article 10.-public telecommunications networks. Entire network of which depend on the provision of a public telecommunications service; that is used to support services to third parties will be considered a public network and will be accessible to providers of telecommunications services that it require, in the terms and conditions established in this law, its regulations and general application regulations issued by the Agency for the regulation and Control of telecommunications. Public telecommunications networks will tend to a design of open network, i.e. without protocols or proprietary type specifications, so allow interconnection, access and connection and comply with fundamental technical plans. The networks public may support the provision of various services, whenever have with the title enabling respective. Article 11.-establishment and operation of networks public of telecommunications. Installation and operation of public telecommunications networks or the establishment requires the obtaining of the corresponding enabling title granted by the Agency for the regulation and Control of telecommunications. The operators of public telecommunications networks shall comply with fundamental technical plans, technical standards, and specific regulations related to the implementation of the network and its operation, in order to ensure its interoperability with other public telecommunications networks. The regulation and Control of the Telecommunications Agency will regulate the establishment and operation of public telecommunications networks. Is Faculty of the State Central, through the Ministry guiding of them telecommunications and of the society of the information and of the Agency of regulation and Control of them telecommunications, in the field of their respective competencies, the set them political, requirements, standards and conditions for the deployment of infrastructure wired e wireless of telecommunications to level national. Based on this under the authority of the central Government with regard to deployment of telecommunications infrastructure, the autonomous governments must comply with compulsory third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 7 policies, requirements, terms, rules and conditions for the deployment of infrastructure wired and wireless telecommunications at the national level, that are issued. With respect to the payment of fees and compensations that by this concept corresponds to attach to the autonomous cantonal or district governments, in exercise of its power of regulation of use and management of soil and airspace govern compulsory technical rules and policy issued to effect the governing Ministry of telecommunications and the information society. Article 12.-Convergence. The State will 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 Agency for the regulation and Control of telecommunications will issue regulations and standards that enable the provision of various services on the same network and effectively promote the convergence of services and promote the technological development of the country, under the principle of technological neutrality. Article 13.-Private telecommunications networks. Them networks private are those used by people natural or legal in your exclusive benefit, with the purpose of connect different facilities of your property or under its control. Its operation requires a record made before the Agency for the regulation and Control of telecommunications and required use of frequencies of the radio spectrum, the respective enabling title. Private networks are intended to meet the needs of its owner, which excludes the provision of these services to third parties. The connection of networks private is subject to the regulations that is issue for such end. The regulation and Control of the Telecommunications Agency will regulate the establishment and use of private telecommunications networks.
Chapter II provision of telecommunications article 14.-Forms of management. Subject to the provisions of the Constitution of the Republic, the public telecommunications services are provided directly by the State, through public telecommunications companies or indirectly through delegation to mixed-economy companies in which the State has the majority shareholding or private initiative and the popular and solidary economy. Article 15.-delegation. The Agency of regulation and Control of them telecommunications, for grant titles enabling by delegation, considered it following: to. for them companies of economy mixed in which the State have it most shareholder, the granting of titles enabling for the use or exploitation of the spectrum radio or for the provision of services public of telecommunications, is subjected to the interest national and will respect them deadlines and limits set in this law and in them regulations that for the effect issue the regulation and Control of the Telecommunications Agency.
b. in the case of public-owned businesses State of the countries forming part of the international community, the delegation for the use or exploitation of the spectrum or for the provision of public telecommunications services, may be directly. In all cases, the delegation shall be subject to the national interest and will respect the terms and limits laid down in this law and in the regulations that for this purpose issue the Agency of regulation and Control of telecommunications.
5. when it is necessary to promote competition in a particular market; and, 6. To guarantee the right of users to dispose of public telecommunications services of optimal quality at fair rates and prices.
telecommunications; or, 4. Not is use and exploit the spectrum radio. However, this installation and use by natural or legal persons are subject to this Act and legislation that is applicable and, in the case of the Commission of offences, imposed sanctions has place. Article 18.-Use and exploitation of the radio spectrum. The spectrum radio is a well of the domain public and a resource limited of the State, inalienable, imprescriptible and unattachable. Their use and exploitation requires the prior grant of an enabling title issued by the Agency for the regulation and Control of telecommunications, in accordance with the provisions of the present law, General rules and regulations issued by the Agency for the regulation and Control of telecommunications. The frequency bands for allocation to public broadcasting and television stations, private and community, will observe the provisions of the organic law of communication and its General Regulation. Article 19.-Direct debit. Enabling titles for the provision of telecommunications, use or exploitation of the spectrum and establishment and operation of telecommunication networks may be granted to natural persons resident or legal entities domiciled in Ecuador that comply with the technical, economic and legal requirements set out in this law, its general rules of application and in the regulations for granting titles authorization, issued by the Agency for the regulation and Control of telecommunications. Enabling certificates for the use of frequencies of the radio spectrum for broadcasting services and systems of audio and video subscription will be awarded in accordance with the provisions of the organic law of communication, its General rules and regulations issued by the Agency for the regulation and Control of telecommunications. Article 20.-Obligations and limitations. The Agency for the regulation and Control of telecommunications, will determine the specific obligations to ensure quality and expansion of telecommunications services as well as its provision on preferential terms to ensure equal access or set constraints required for the satisfaction of the public interest, all of which will be binding. Public companies that provide telecommunications services and natural persons or legal delegatarias to provide such services, shall comply with the obligations set forth in this law, its general regulations and rules issued by the Agency for the regulation and Control of telecommunications to ensure quality, continuity, efficiency, price and fair rates and efficiency of public services.
Title III rights and duties chapter I subscribers, customers and users article 21.-definition and types of users. User is any natural person or legal consumer of telecommunications services. The user who has signed a contract of adhesion with the provider of telecommunications services, referred to as Subscriber or Subscriber and user negotiated clauses with the lender is called customer. In the negotiation of clauses with customers is not affect any rights of the users in general, nor terms may include in detriment to the economic conditions of the users in general. Article 22.-rights of those subscribers, customers and users. Them subscribers, customers and users of services of telecommunications will have right: 1. to have and receive the services of telecommunications contracted of form continuous, regular, efficient, with quality and efficiency.
2. to choose freely to the service provider, the service plan, as well as to the type of contracting and the terminal equipment in which additional contracted services.
3. to the secrecy and inviolability of the content of your communications, with the exceptions provided for in the law.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 9 4. Privacy and protection of your personal data, by the provider with which hire services, subject to the law in force.
5. to information accurate, free and not misleading about the characteristics of services and fares. Information will also be provided in the language of predominant intercultural relationship of Subscriber, customer or user, in accordance with the regulations that for this purpose issue the Agency for the regulation and Control of telecommunications.
6 to free calling services emergency, information, plans, rates and prices, balances and other information services to establish the Agency for the regulation and Control of telecommunications.
7. to obtain, in unit of seconds, the measurement of the Service contracted, when is concerned of services of telephony in all their modalities.
8. to check and correct, timely, clear and accurate pricing, in accordance with the applicable rules; no rounding mode is not acceptable. Delivery of invoices or account statements may be at home or by electronic means, at the choice of the Subscriber, customer or Subscriber.
Delivery of invoices or account statements via internet, e-mail or any other electronic or digital medium will have no cost and will only proceed prior express and written acceptance of the Subscriber, customer or subscriber, in which it expresses its approval to replace the physical delivery of your Bill.
9. to pay fees in accordance with applicable regulations and hired, if any plans.
10. to report you your lender promptly about the interruption, suspension or failure of contracted services and its causes.
11. to obtain from your lender compensation for services contracted and not received, by deficiencies in the same or the reinstatement of values improperly charged.
12 that in contracting services to respect the constitutional, legal and regulatory rights subscribers, customers and users, in accordance with the General conditions, or if so, models that approve and publish the regulation and Control of the Telecommunications Agency.
13. to care and timely resolution of applications and complaints related to the provision of the services contracted in accordance with the applicable regulations.
14. to require providers of the services contracted, the fulfillment of the quality parameters applicable.
15. to the portability the number and keep your number in the case of telecommunications services that use numeric resource, in accordance with the provisions of this Act and the regulations.
16. to receive annually, free and between electronic, a guide of subscribers updated phone service fixed, electronics, issued by the contracted service provider. Subscribers shall have the right to appear in such guides and a free national information service on their content. Also, subscribers are entitled to their personal data, these guides are excluded for free.
17. to provide adequate and timely protection by the competent bodies, against the legal, contractual or regulatory breaches committed by providers of telecommunications services or by any other person who violates the rights established in this law and the regulations which applies.
18. to access any application or allowed service available on the internet. Lenders may not restrict, 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 services over the internet or in general their networks or other technologies of information and communication, or may limit the right of a user or subscriber to incorporate or use any kind of tools devices or devices in the network, which are always legal. Except for those cases in which the customer, Subscriber or user request prior its express decision limiting or blocking of content, applications, developments or services available, or by order of the competent authority. Providers can implement the technical actions that deemed necessary for the proper administration of the network in the exclusive field of activities that were enabled, for the purpose of guaranteeing the service.
19. to maintain the conditions of provision of the services contracted; unilateral changes to contracts for the provision of services, will be deemed as invalid and will not have any value.
20. to unilaterally terminate the contract of accession signed with the service provider at any time, upon notice, at least fifteen (15) days in advance, according to provisions of the law of consumer protection and without that this is obliged to cancel fines or surcharges of securities of any kind, except for outstanding balances for services or goods requested and received.
21. to report to competent authorities breaches or violations of their rights by lenders.
regardless of the modes of recruitment, in accordance with the regulations as to the effect issue the regulation and Control of the Telecommunications Agency.
23. to have information on health hazards that can be generated as a result of the installation and operation of networks.
24. to not receive massive or individual messages or calls for direct, commercial, advertising or proselytizing, sale not previously and expressly authorised by the customer, Subscriber or user.
In application of them principles of escalation and of not degressivity, is may establish new rights in favor of them users and subscribers or regular the application of them established in this law, without undermining them or reduce them. Them rights of them subscribers and users designated not exclude others that are established in the ordering legal force. These rights are extensive subscribers, customers and users of the systems of audio and video by subscription, as may be applicable. Article 23.-Obligations of subscribers, customers and users. Subscribers, customers and users of telecommunications services, are required to the following: 1. to comply with the terms of the services contract concluded with the provider, regardless of its modality.
2. adopt the measures suggested by the service provider in order to safeguard the integrity of the network and communications, without prejudice to the responsibilities of the providers.
3 pay for the contracted services according to the contract for the provision of services and to the provisions of the law in force.
4 comply with the obligations of registration or registration of identity, such as provide their personal identification data associated with the line or telephone, in accordance with the regulations issued in this regard.
5. do not make alterations to the equipment that can cause interference or damage to networks and telecommunications services in general.
6. not use the services contracted to perform fraud or damages to your provider or to third. 7. do use due of them services of emergency, respecting the rights of the others and the order public.
8. do not make calls or send messages for sale direct, commercial, advertising or proselytizing, which have not been previously accepted by the recipient.
9. the others that contained in the existing legal system or that are set by the Agency for the regulation and Control of telecommunications.
The obligations set out in this article are extensive subscribers, customers and users of audio and video by subscription, as applicable.
Chapter II health providers of services of telecommunications article 24.-obligations of the providers of services of telecommunications. Duties of providers of telecommunications services, irrespective of the enabling title which derives such a character, as follows: 1. ensure equal access and non-discriminatory to anyone requiring their services. 2 the service of compulsory, general, uniform, efficient, continuous, regular, accessible and accountable, fulfilling the regulations issued by the Agency for the regulation and Control of telecommunications and provisions enabling titles.
3 meet and comply with this Act, its regulations, technical plans, technical standards and other General or specific acts issued by the Agency of regulation and Control of telecommunications and the governing Ministry of telecommunications and the information society as well as provisions enabling titles.
4. respect the rights of users established in this law and in the laws in force. 5 comply with the tariff regulations. 6 provide in a clear, precise, certain, complete and timely manner all the information required by the Agency of regulation and Control of telecommunications or the Ministry of telecommunications and the information society, in the field of its competences, in formats, terms and conditions established by the authorities.
7. provide the facilities required for the exercise of the work's control. 8 guarantee the preservation of their number in accordance with the guidelines, terms, conditions and deadlines that for that purpose establish the Agency for the regulation and Control of telecommunications to their subscribers, customers and users.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 11-9. Comply with the obligations of access universal and service universal certain in the corresponding titles enabling.
10 pay their financial obligations such as the values of concession, authorization, rates, fees, contributions or other corresponding within the deadlines set.
11 implementing access, free of charge, to the emergency services, determined by the Agency for the regulation and Control of telecommunications and in addition in the case of services such as advanced mobile service, to comply with the delivery of the approximate geographic location of a call-related information.
12 comply with the obligations of interconnection, access and occupation in accordance with this law, its General regulations and technical standards and respective provisions.
13 guarantee the secrecy and inviolability of communications issued through networks and telecommunications services, without prejudice to the exceptions provided for in the laws.
14. take necessary measures for the protection of the personal data of its users and subscribers, in accordance with this law, its General regulations and technical standards and respective regulations.
15. take measures to ensure the safety of the networks. 16 observe and comply with the policies and norms in matter of burying, ordering, camouflaging of antennas and in general in aspects related to the deployment of networks and telecommunications infrastructure as well as to pay fees that are generated by the use of ducts, Chambers or other infrastructure for burying, sorting networks and infrastructure, or camouflaging. The installation of antennas for use of subscribers/customers/users on the service, must be carried out in areas that cause the least visual impact and not be visible in front facades of buildings or dwellings. In the event of failure to comply with this obligation, the Agency for the regulation and Control of telecommunications will have to service providers, relocate that infrastructure in the term as it may decide, without prejudice to the application of the sanction that corresponds to its cost.
17. do not limit, block, interfere, discriminate, hinder, prioritize or restrict the right of their users or subscribers to use, send, receive, or provide any content, application, development or legal Internet service or in general of their networks or other technologies of information and communication, or may limit the right of a user or subscriber to incorporate or use any kind of tools devices or devices in the network, which are always legal, subject to the exceptions set out in the regulations. Except for those cases in which the customer, Subscriber or user request prior its express decision limiting or blocking of content, or by order of the competent authority. Providers can implement the technical actions that deemed necessary for the proper administration of the network in the exclusive field of activities that were enabled him for purposes of ensuring the service.
18 measure, price and invoice correctly the consumption of the telecommunications services provided in accordance with this law, its General regulations and technical standards and respective regulations.
19 ensure care and timely resolution of the claims formulated by its subscribers or users, as deadlines contained in regulations or qualifying titles.
20 reporting modifications essential conditions of networks, interconnection, access or occupancy conditions and the provision of services in accordance with the rules applicable to the Agency for the regulation and Control of telecommunications.
21 provide the Agency for the regulation and Control of telecommunications as required it, information concerning the accounting regulatory-administrative services, in accordance with the regulations established for the effect. Is prohibits make subsidies cross, except the exception provided in this law for the case of the service universal.
22. implement systems of collection, reuse and management of waste technology included infrastructure in disuse, of conformity with the standards and regulations corresponding.
23. comply with the rules on emission of radiation not ionizing and rules of safety related with the use of the spectrum radio.
24. count with plans of contingency, for run them in cases of disasters natural or shock internal to ensure the continuity of the service in accordance with the regulations respective. Also, will comply with them services required in cases of emergency, such as calls free, provision of services auxiliary to security public and of the State and any other service that determine the authority competent of conformity with the law.
telecommunications services, under the conditions and by the time that is available in the respective regulations.
26 implement plans for people with disabilities in compliance with the provisions of the organic law on disabilities.
27 provide information free, accurate and not misleading about the characteristics of services and fares. Information will also be provided in 12 - third supplement - official registration No. 439 - Wednesday, February 18, 2015 language predominantly intercultural relationship of Subscriber, customer or user, in accordance with the regulations as to the effect of issue the Agency for the regulation and Control of telecommunications.
28. the other obligations set out in this law, its General regulations, technical standards and other General or specific acts issued by the Agency for the regulation and Control of telecommunications and in qualifying titles.
The obligations established in the present article are extensive to the providers of audio and video by subscription, in what are applicable. Article 25.-Rights of the providers of telecommunications services. They are rights of the providers of telecommunications services, irrespective of the enabling title which arises as such, the following: 1. receive timely payment by subscribers, customers and users for the provision of services, in accordance with the respective contract.
2. suspend the service provided by lack of payment of the subscribers or customers or use illegal of the service qualified by authority competent, prior notification to the Subscriber or customer.
3 receive reasoned and timely attention to their requests of the Agency for the regulation and Control of telecommunications.
4. to keep the frequencies that have been allocated to them, free from interference. 5 access to the public information with the limitations established by law. 6 managing the sale and distribution of its services directly or through third parties, through modalities such as resale, distribution and any other agreements. In any case, the lender will leave of be responsible of the compliance of its obligations and will be subject to the regulations applicable.
Title IV regulation SECTORIAL EX before for the development, promotion and preservation of the conditions of competition chapter I types of regulation article 26.-sectoral regulation. The Agency for the regulation and Control of telecommunications, within the scope of their powers, will notice the guidelines for the regulation and principles applicable in accordance with the law in force, in order to contribute through the sectoral regulation of telecommunication for the purpose issued and actions, in the development, promotion and preservation of the conditions of competition in the relevant markets which, in the case, determine. Article 27.-Scope of regulation. The sectoral regulation of telecommunications for the development, promotion and preservation of the conditions of competition, will at least be in the fields: technical, economic, and infrastructure inputs access. Article 28.-Economic regulation. Consisting of measures to establish fees or regulated prices, avoid distortions in regulated markets, prevent the strengthening of market power or guarantee users access to public services. Article 29.-Technical regulation. Consistent in establish and monitor them rules to ensure the compatibility, the quality of the service and solve them issues related with the security and the environment. Article 30.-Regulation of the access. Consistent in ensuring non-discriminatory access to necessary inputs, particularly infrastructure that qualify as essential facilities.
Chapter II article 31.-determination of relevant markets market regulation. The Agency for the regulation and Control of telecommunications, subject to the regulation of markets to approve, for the purpose will determine at least every two years relevant markets relating to services or telecommunications networks, both wholesalers and retailers and the geographical area, with the purpose of establishing whether these markets are being developed in an environment of effective competition , whose features can give place to the imposition to those providers with power of market of obligations specific of way provided and justified. Obligations will remain, be arranged or changed while remains the absence of effective competition or the market, otherwise power shall be deleted. Article 32.-Imposition of obligations. On the regulation of markets, indicated the conditions for the imposition, modulation, modification or deletion of obligations to lenders with prevailing or market power.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 13 notwithstanding that the Agency for the regulation and Control of telecommunications, set another type of obligations in the regulation of markets, can impose on operators with power of prevailing or market and if so, to its affiliates as appropriate, among others , the following obligations: 1. provide information concerning accounting, specifications technical characteristics of networks, conditions of supply and use, including, where appropriate, conditions that could restrict access to or the use of services and applications, as well as prices.
2. provide in a timely and complete information that it required the Agency's regulation and Control of telecommunications, in accordance with formats and periodicity as determined for the purpose.
3. bring accounting of costs or regulatory, where provide various services, in the format and with the methodology which, in his case, determined by the Agency for the regulation and Control of telecommunications.
4. fixing of prices and tariffs that promote and encourage effective competition and the benefits for users in terms of prices and quality of services as well to encourage investment by the service provider, in particular, in new generation networks. Includes the tariff mechanism for services within the same network or non-network (on-net or off-net).
5 set of interconnection charges, that promote the Elimination of anti-competitive practices. 6. limitations of marketing services and use of terminal equipment. 7. Prohibition of sign lease for installation of infrastructure contracts. 8. fixing of symmetrical interconnection charges. 9. fixing of charges of interconnection asymmetric. 10. symmetric regulation of rates. 11. asymmetric regulation of rates. 12. obligations of infrastructure sharing. 13. Regulation on use of trademarks or trade names.
Article 33.-Operator with market and preponderant power. You will be considered operator with market power, the provider of telecommunications services and subscription services when you have the ability to significantly influence the market. This ability can achieve it individually or jointly with others, where by any means are able to act independently irrespective of its competitors, buyers, clients, suppliers, users, resellers and other subjects who participate in the market, when effectively, control, directly or indirectly the prices in a market or market segment in a geographical constituency determined; or, the connection or interconnection to its network. Markets regulation approved by the Agency for the regulation and Control of the telecommunication shall include the criteria to determine whether a service provider has to be able to market in a particular relevant market and other or other relevant markets closely linked, so that it makes possible the power that you have in a market to produce impact on the other thus strengthening the market power. Shall be considered that there is a preponderance when the provider of telecommunications services and subscription services, has more than 50% of subscribers, customers, subscribers, active lines, traffic, or other, in a particular market or service, in which case the Agency of regulation and Control of telecommunications may establish a direct by resolution, the obligations which are justified, in accordance with the provisions of the preceding article. Article 34.-Payment by market concentration to promote competition. In order to avoid distortions in the market of telecommunication services and services by subscription and promote competition, private lenders who focus market based on the number of subscribers or customers of the service concession, authorized or registered, will pay the State a percentage of their annual income in accordance with the following table: from up to 30% payment 34.99% 0.5% 35 44.99% % 1% 45% 54.99% 3% 55% 64.99% 5% 65% 74.99% 7% 75% in later 9% fundraising These values will be quarterly and will be the Agency for the regulation and Control of telecommunications, in accordance with the regulation that issue to the effect. This obligation is independent of any other obligation under this Act.
Article 35.-Telecommunications services. All telecommunications services are public by constitutional mandate. These service providers are enabled for the installation of necessary infrastructure and networks in which the provision of services will be supported to its users. The networks operate under the principle of consistency, convergence and technological neutrality. Article 36.-Types of services. They are defined as such to telecommunications and broadcasting services. 1. telecommunications services: are those services that are supported on telecommunications networks in order to allow and facilitate the transmission and reception of signs, signals, text, video, images, sounds or information of any kind, to meet the needs of telecommunications subscribers, customers and users.
Within the services of telecommunications in form enumeration and not limited, is cited to the telephony fixed and mobile, carriers and of value added. Fixed or mobile phone service providers may provide other services such as carriers and value added that can support your network and platforms, in accordance with the regulation that is issued for the purpose.
2 broadcasting services: are those that can transmit, emit and receive signals of image, sound, multimedia and data, through stations of the type public, private or community, based on the provisions of the organic law of communication.
Broadcasting services are classified in services open signal and by subscription.
(2.1. open signal services, are as follows: to) sound broadcasting: includes any transmission of audio signals and data, which are intended to be received by the public in general, so free and free; (and, b) broadcasting of television: includes all transmission of signals audiovisual and data, that are intended to be received by the public in general, of way free and free.
2.2 subscription services: are those broadcasting services that can only be received by users who have previously signed a contract of adhesion.
Regulation and Control of the Telecommunication Agency may adopt new definitions for other services, according to the technological advances; so also, the Agency shall regulate the terms and conditions of the provision of the services defined above. Article 37.-Qualifying titles. The Agency for the regulation and Control of telecommunications may be granted the following enabling titles: 1. award: for services such as wireline and mobile service so advanced as to the use and exploitation of radio spectrum, mixed economy companies, private initiative and the popular and solidary economy.
2. permissions: For the use and exploitation of the radio spectrum, public enterprises and institutions of the State. For the delivery of audio and video services by subscription, to natural and legal persons of private law, the authorization is implemented through a permit.
3. registration of services: them services for whose provision is requires the registration, are among others them following: services carriers, operators of cable underwater, amateur radio, value added, of radiocommunication, networks and activities of use private and resale.
The Agency for the regulation and Control of telecommunications, will determine values for payment of duties of granting and registration as well as the values for payment of authorizations, as regards enabling securities in favour of public companies or State institutions, not related to the provision of telecommunications services. If necessary, will determine the type of qualification for other services not defined in this Act. Services enabling entitled registration, if required frequency, is must apply for and obtain prior the concession or authorization, as appropriate. For the granting and renewal of titles enabling broadcasters and subscription-based video and audio systems, it will be to the requirements and procedures provided for in the Act of communication, its General rules and regulations that for this purpose issue the Agency for the regulation and Control of telecommunications. Article 38.-enabling General. It is the instrument issued through resolution by the Agency of regulation and Control of telecommunications, once met the requirements established in the existing legal system, which sets forth the terms, conditions and deadlines approved, also be incorporated, be the case, the use and exploitation of the respective key of the radio spectrum frequency bands It is necessary for the provision of the service.
Third supplement - Registro Oficial Nº 439 - Wednesday, February 18, 2015 - 15 general empowerment will be granted for the provision of telecommunications such as fixed telephony services and advanced mobile service and is implemented through concessions or authorizations, as appropriate. Them health providers of services that have with a habilitation general may provide also other services, such as services carriers and of value added, of way enumeration and not limited, for whose provision is requires only registration of services. Additional services that are authorized will be incorporated through annexes to the General enabling. The Agency for the regulation and Control of telecommunications, through its directory, reserves the powers of interpretation, clarification and early termination of the qualifying titles, which should motivate their actions. Article 39.-conditions General of those companies public for the provision of services. They are made through authorization and instrument of accession, in favour of public undertakings constituted for the provision of telecommunications services that comply with the requirements established by the regulation and Control of the Telecommunications Agency. Such authorization must be signed by the Executive Director and accepted by the legal representative of the public company concerned. Enabling title shall be entered in the public register of telecommunications. Public enterprises, in order to guarantee the general interest and compliance with the principles of the public service, enshrined in the Constitution of the Republic, shall be subject to this law, General rules and regulations and actions of the Agency's regulatory control and Control of telecommunications, as determined by the Constitution of the Republic. Without prejudice to which public enterprises enjoy exemptions, exceptions, exemptions and privileges provided for in the laws. Public enterprises and public entities for the provision of telecommunications services, will be required to the payment of duties, fees, contributions and other obligations established in the present law, except for the following: 1. by granting or renewal of qualifying titles. 2. for the granting or renewal of authorization of frequencies for their use and exploitation. However specified exemptions, public telecommunications companies must comply with public policy issued by the governing body of telecommunications and the obligations of a social nature, universal service or public policy implementation that has the Agency for the regulation and Control of telecommunications to earn the assignment of radio spectrum by the State. These obligations are independent of those related to the contribution to the Telecommunications Development Fund.
Article 40.-Criteria for granting and renewal. For the granting and renewal of the qualifying titles for the provision of services to organizations of popular and solidary economy and private companies, joint ventures, the Agency for the regulation and Control of telecommunications will consider the need to address: technological development, the evolution of the markets, the national plan of telecommunications, to the needs for sustained development of the sector and the State and universal access to information and communication technologies , as well as to the effective satisfaction of the public or general interest. You can deny the issuance or renewal of such titles whereas with the rules, regulations or policies that are issued for this purpose, before the application of enabling title or its renewal process. Given the nature of the granting of qualifying titles for the provision of telecommunications and use of radio spectrum, as well as its renewal, does not apply the institution of the positive administrative silence. Before the issuance of the decision of renewal will be evaluated compliance with the terms and conditions of the enabling title which is by fenecer, for which the Agency for the regulation and Control of telecommunications, will issue the respective report. The renewal of qualifying securities shall be for a period equal to the originally granted and may be carried out in a legal regime that is updated in accordance with the technological evolution of the service and the market situation. In the case of applications for the granting of new enabling titles should be evaluated if any company or group of companies linked to the applicant's title provides the same service or similar services and the effects that could have on the market the provision of required new enabling title; for this purpose, shall submit a declaration sworn in about link. Article 41.-registration of services. He record is grant through Act administrative duly motivated, issued by the Director Executive of conformity with the procedure and them requirements that is established in the normative that approve the Agency of regulation and Control of them telecommunications for the granting of titles enabling. Such registration shall contain in addition a statement of the service provider subject to the law in force and the corresponding legislation. In any case, the processing of the registration procedures must be done within a period of twenty business day period from the filing of the application, with all requirements that apply to the effect. Article 42.-Record audience of telecommunications. He record public of telecommunications will be to cargo of the Agency of regulation and Control of them 16-third supplement-registration official No. 439-Wednesday 18 of February of 2015 telecommunications, which will establish them rules for the procedure of registration, requirements and cancellations. Shall be entered in the public register of telecommunications: to) the General qualifications and record of service delivery notifications. (b) the General conditions of public enterprises, service delivery notifications and authorisations issued in favour of the institutions or bodies of the State.
(c) the use and exploitation of the spectrum awards. (d) the administrative acts issued as enabling registration of services. (e) the agreements and provisions of interconnection and connection. (f) the services tariff caps. (g) the agreements and provisions for sharing of infrastructure. (h) the agreements and provisions of virtual operation. (i) resale of services contracts. (j) the models of contract of adhesion of services. (k) the use of spectrum for research of new technologies by the State. (l) universal access to internet networks. (m) all other acts, authorizations, permits and contracts to be determined by the Agency for the regulation and Control of telecommunications.
Also is entered them modifications of them acts and contracts before described, as well as them modifications substantial of them networks and infrastructure of telecommunications that have been reported to the Agency of regulation and Control of them telecommunications, of conformity with what set the normative. The Agency of regulation and Control of the telecommunications will ensure the access of them organs and entities of the State, as well as of them citizens, to the record public to which is concerns this article. Matters related to the provision of services of broadcasting, television and audio and video systems by subscription, shall be registered in the national registry of titles enabling, in accordance with the provisions of the organic law of communication, its General rules and regulations issued by the Agency for the regulation and Control of telecommunications. Article 43.-Duration. Concessions and authorizations for the provision of telecommunications services will have a duration of up to 15 years.
The duration of the other qualifying securities will be established in the regulations issued by the Agency for the regulation and Control of telecommunications. In any case the term may not exceed fifteen, except for submarine cable and public operators of telecommunications. Article 44.-Transfer or assignment. Enabling titles may not alienate, assigned, transferred, leased or taxed by any means without permission of the Agency for the regulation and Control of telecommunications. Incur this ban, will be sufficient cause for the early termination of the enabling title, without prejudice to the consequences provided for in the existing legal system. Article 45.-Content of the titles enabling. The regulations for granting titles authorization, issued by the Agency for the regulation and Control of telecommunications, will establish the minimum content of the different qualifying titles, requirements and procedures for granting, renewal and registration. Article 46.-Extinction of the enabling titles. Enabling certificates for the provision of telecommunications services, irrespective of their class or duration, will expire by: 1. expiry of its duration and not been asked and solved the renewal, measures that guarantee the continuity of the service shall be used to which.
2. for non-compliance with the installation and operation within the deadline, in accordance with the provisions of the rules of the service and enabling title.
3 mutual agreement between the parties, provided that the general interest, the continuity of the service or to third parties is not affected. Mutual agreement means the resignation of the holder of the qualification, which has been approved by the Agency for the regulation and Control of telecommunications.
4 death of its holder, in the case of natural persons. (5. statement early and unilateral duly motivated, made by the Agency of regulation and Control of them telecommunications, in the following cases: to) when is declare it dissolution, bankruptcy or liquidation, in case of them people legal. (b) for loss of the civil capacity of its holder, in the case of natural persons. (c) by facts or acts that impede the continuity of the enabling title.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 17 6. By revoking title declared by the Agency for the regulation and Control of telecommunications, in accordance with the provisions of this law.
7. in case of voluntary and total return of spectrum concession or authorized, accepted by the Agency for the regulation and Control of telecommunications, provided is found that it is not effected the return with the purpose of avoiding responsibilities.
8. any other causal established in this law, the laws in force and the respective qualifying titles.
In cases of merger, the resulting company is subrogated in the rights and obligations contained in the enabling titles, prior authorisation of the Agency for the regulation and Control of telecommunications. In the same way proceed in cases in which an enabled enterprise becomes a public company. For the purposes of extinction or revocation of an enabling title, the Agency for the regulation and Control of telecommunications shall issue a motivated administrative act declaring it, previous conduct of the corresponding administrative procedure which guarantees due process and the right to defence of the holder. In all cases of extinction of the enabling title, the regulation and Control of telecommunications, Agency shall take administrative measures to ensure the continuity of service and the rights of users, including the reversal of the assets pertaining to the provision of the service; the valuation of such property will be conducted by an independent firm of prestige and experience in the telecommunications sector designated by the Agency for the regulation and Control of telecommunications. In case of extinction due to revocation, the payment will be made according to this law. When the regulation and Control of the telecommunications agency determines that not be the reversal of the goods, the service provider must be at its cost removed infrastructure installed compliance mechanisms, conditions and deadlines that established the Agency. Article 47.-extinction of those titles enabling of services of broadcasting. Them titles enabling granted to providers of services of broadcasting and systems of audio and video by subscription end, besides the causal established in it law organic of communication, by them following breaches: 1. by breach in the installation within the term, established for the effect. 2. by engaging in arrears in the payment of its obligations, for three months or more consecutive pension.
3 others set out in the legal system and corresponding enabling titles.
The administrative procedure followed for unilateral and early termination of the enabling title will be that issue to effect regulation and Control of the Telecommunications Agency. Article 48.-The granting of titles enabling rights. The providers of telecommunications services that Act by State delegation should pay the State rights by obtaining enabling qualifications to be determined by the Agency for the regulation and Control of telecommunications. The Agency for the regulation and Control of telecommunications may regulate the payment of fees or rights by procedures of granting of qualifying titles, renewal, modification, records or other activities. Article 49.-Control changes. Without prejudice of meet with it willing in the ordering legal existing, the provider of services of telecommunications not may perform operations that involve a change of control, without the respective authorization of the Director of the Agency of regulation and Control of them telecommunications, especially those related with: changes in the ownership of them actions of the company, any class of contracts or conventions that influence in the control operating or real on it company or in it takes of decisions on the same, although not behave a change in the ownership of the actions of the provider. Prior to the completion of the transaction, which involves a change of control, the provider of telecommunications services must be lodged the Agency of regulation and Control of telecommunications application in accordance with the requirements and conditions that establishes the Agency for the regulation and Control of telecommunications. The application will perform the description of the operation to be performed, their nature, characteristics, economic agents participating in the operation and the effects that might arise on the occasion of its realization. The Agency for the regulation and Control of telecommunications must deal with the claim and issue the corresponding report, as set out in this law. In the case of broadcasting and television and audio and video subscription services, the provisions of the organic law of communication and its application regulations will be observed.
Chapter II use and exploitation of the article 50.-granting radio spectrum. It will be awarded qualifying titles for use and operating frequencies of the radio spectrum, as the 18 - third supplement - official registration No. 439 - Wednesday 18 of February 2015 provided in this Act, its regulations and the technical, economic and legal requirements required for this purpose. For the purposes of the granting of frequencies of the radio spectrum enabling titles, the State will serve the public interest, will promote the rational and efficient use of the limited resource referred, will guarantee equal, equitable access and allocation in conditions of transparency. You can deny the granting of enabling use of spectrum titles when prevails the public or general interest. The State allows access to qualified bands as free use, in accordance with the provisions of the Constitution, this law, its General Regulation, the National Plan of frequencies and standards issued by the Agency for the regulation and Control of telecommunications. Enabling for use and operating frequencies not essential for provision of telecommunications services is implemented through marginalization in enabling title registered in the public register of telecommunications. Such marginalization will be make available to the Director of the Agency for the regulation and Control of telecommunications and as a result will be an integral part of enabling title. The granting of qualifying titles of frequencies of the radio spectrum, observing the principle of technical, social, and economic efficiency, will be implemented through direct adjudication, process (competition) competitive public offers, in accordance with that set the regulations for granting titles authorization, issued by the Agency for the regulation and Control of telecommunications. This grant considered the technical, economic and legal suitability of the applicant. In the case of the granting of frequencies for broadcasting services, be observed the provisions of the organic law of communication. Article 51.-Direct award. Enabling titles to its use or exploitation, will be awarded by direct agreement, provided they comply with the corresponding requirements in the following cases: 1. non-essential frequencies. 2. essential frequencies that are required for the introduction of new technologies or improvements in the service, when the enabling title-holder is providing the service or to be granted to a new provider of services that are not of mass character.
3 frequencies for public companies and public entities. 4. sharing bands. 5. reallocation of frequencies.
6. registry of services. 7. renewal of qualifying titles, in the cases established in the regulations for granting titles enabling or resolutions of the Agency for the regulation and Control of telecommunications.
8. private networks. The telecommunication regulation agency will set the parameters and objectives for the direct award, among which will be considered at least, issues of: technical, social, and economic efficiency, social responsibility, offers of coverage in areas not served, advantages for users and, in general, what benefit to the good life. Article 52.-Competitive public process. They will be awarded concessions for use and exploitation through competitive public process of bids when: 1. the number of applicants exceeds the number of frequencies available for its granting. 2. the number of concessions of services or use and operating frequencies of the radio spectrum that is expected to grant is limited, for reasons of public interest, of technological or market developments.
3. the frequencies or frequency bands to be granted to a new service provider have a high economic valuation, in accordance with the assessments that carry out the Agency's regulation of telecommunications; or, 4. Them frequencies or bands of frequency is allocated to the provision of services of character mass by a new provider.
Third supplement-registration official No. 439-Wednesday 18 of February of 2015-19 service Universal; type of services and the character mass that can have these, as well as the contribution of the dealer for the development of projects that promote the society of the information and of the knowledge, among others. Article 55.-Preferential right of public companies. Public companies that provide telecommunications services will have preferential right to the use and exploitation of the radio spectrum, in accordance with the existing availability. Article 56.-Duration. Them titles enabling for the use and exploitation of the spectrum radio will have the same duration of the title enabling of the service or the services to which is are associated and are will find integrated in an only instrument. Not be associated to any services duration shall be five years. In the event that the dealers for the operation of telecommunications services request and are granted them additional essential frequencies, the Agency for the regulation and Control of telecommunications available the readjustment of the terms, conditions and time limits for the title enabling for the operation of the service, provided that the following conditions are met: 1. that the frequencies or frequency essential awarded bands have a high economic value. 2 it is a mass service. 3 that justify the need for an extension of the term of the contract of concession for the operation of the service, to be flown long enough to pay off the investment to be carried out by the operator.
The Agency for the regulation and Control of telecommunications will analyze each particular request, and may deny the extension of term, considering, inter alia, the general interest, market conditions and the level of fulfilment of obligations by the dealer. The dealer must pay the respective rights of granting and payment for use of frequencies that may lead to the extension of the period. In case of extinction of the title enabling of the service by the causal established, is means extinct also the habilitation for the use of spectrum radio associated to said title. Article 57.-Reassignment. The Agency for the regulation and Control of telecommunications may reassign frequencies or bands of frequencies previously assigned, when: 1. be required in implementation of relevant technical plans.
2. is to achieve the efficiency technical, social and economic in the use of the frequencies of the spectrum.
3 required by the public interest. 4. is the result of the application of treaties or international agreements validly signed. 5 is for reasons of security and national defence. 6 is for the introduction of new technologies and services. 7. is to prevent and solve interference. 8. in order to make more equitable redistribution of the radio spectrum between the public, private and community sectors, according to provisions of the organic law of communication.
Article 58.-Compensation. As a general rule, the redeployment of the Radioelectric spectrum does not generate compensation, except when there is no available spectrum for the provision of the service that would prevent the reallocation, and therefore impossible to continuity in the provision of services by the operator concerned. The Agency for the regulation and Control of the telecommunications set the parameters to determine the value of the benefit in this particular case. Compensation or indemnification of any kind does not apply in the case of companies and public entities. Article 59.-Use and exploitation of the radio spectrum for broadcasting services. The granting of frequencies of the radio spectrum for broadcasting services, is subject to the provisions of the organic law of communication, its General rules and regulations issued by the Agency for the regulation and Control of telecommunications. Article 60.-Rates for procurement and use of frequencies for broadcasting, owners of qualifying degrees for type community and private broadcasting services are obliged to the payment of fees by procurement and use of frequencies, even when its operation is suspended. The type of public broadcasting services excepted from these payments. Article 61.-Approval of rates for procurement and use of frequencies for broadcasting services. Fares for rights of adjudication that must pay the providers of broadcasting services to the State will be that approved by resolution the Agency for the regulation and Control of telecommunications. The Agency for the regulation and Control of telecommunications shall rates by allocation and use of frequencies for social media whereas to effect technical, social or economic aspects.
20 - Third supplement - official registration No. 439 - Wednesday, February 18, 2015 for the purpose of the payment of fees, radio - links Studio-transmitter, whose emissions are not received by the public are considered as integral parts of the main channel, and, therefore, they are not subject to any additional charge. Auxiliary frequencies for additional links must pay values to be established for this purpose. Subsequent amendments to the rates do not oblige the celebration again contract.
Title VI regime tariff of the provision of services chapter unique system and regulation article 62.-regime tariff. It will be constitutional central State, through the Agency for regulation and Control of telecommunications, have the prices and tariffs for the provision of services are equitable, in such virtue in the exercise of its power of control and regulation, may, at any time, establish tariff ceilings or modify existing ones. Article 63.-Rate regulation. Telecommunications service providers may freely set fares, provided that they do not exceed the tariff ceilings defined by the regulation and Control of the Telecommunications Agency. To modify the tariff ceilings that are in force, shall be considered if there are or there may be distortions to competition in the particular market, or showing a lack of effective competition, the level of rates or prices or when the quality of the services does not conform to the required standards. Such regulation, which may include tariff caps mode, or any other, can included in qualifying titles or be applied at any time that is rightly found the above assumptions. The Agency for the regulation and Control of telecommunications may, justifiably, regulate the rates or impose special obligations on providers with market power, on the basis of studies and reports that demonstrate such power. To promote the development of the universal service, preferential rates may regulate to promote the economic development of regions and social groups of priority attention. Article 64.-Applicable rules. The rates and prices for all telecommunications services must take into account the following general precepts: 1. the service providers may provide for rate plans consisting of one or more services or by one or several products in a service, in accordance with his or her qualifying titles.
2. the tariff structure will serve the principles of universal access and priority use, in such a way that it may include tariff options for users or users of lower income.
3. the rates and prices must promote the use and provision efficient of them services, tend to stimulate the expansion efficient of them services and to establish the base for the establishment of an environment competitive.
4. no service provider can discriminate to subscribers or users who are in similar circumstances, in relation to rates or prices.
5. in the pricing and billing of services, times or pricing units be may be rounded. 6 service providers publish on its website its plans, promotions, rates and prices in the formats and conditions which enable subscribers and users have complete, comparable and timely information. Similarly, service providers must provide information of their plans, promotions, rates and prices in the formats and conditions to be determined in the regulations.
7. the rates and prices correspond to the services expressly contracted and in no event will incorporate values of benefits, products or services not requested by the users.
Article 65.-Notification and entry into force. Them rates must be notified to the Agency of regulation and Control of them telecommunications with at least forty and eight hours of anticipation to the date of entry in force of them same. This notification can make is through media electronic and low formats and mechanisms previously established by the Agency of regulation and Control of the telecommunications. The notification timely of them rates not implies acceptance or approval of the same, and are to except the actions of supervision and control that correspond.
Article 66.-principles. Interconnection and access should be performed in accordance with principles of equality, non - discrimination, neutrality, good faith, transparency, publicity and on the basis of costs.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 21 Article 67.-interconnection. For the purposes of this Act, refers to interconnection to connect or union of two or more public telecommunications networks, through physical or radio, media equipment or facilities that supply lines or links of telecommunications for the Exchange, traffic or termination of traffic between two providers of telecommunications services, which allow communications between users of various providers of discrete or continuous form. Article 68.-Access. For the purposes of this law, it refers to access, the availability of other provider, defined, non-discriminatory and transparent, able to network resources or services for the purpose of providing telecommunications services, including when used for broadcasting services, subject to the regulations issued by the Agency for the regulation and Control of telecommunications the same which could include among others the following: access to elements and network resources, as well as other resources and systems; the interfaces technical, protocols or other technologies that are indispensable for the interoperability of them services or networks. Article 69.-Compulsory. Providers of telecommunications services that operate or control public telecommunications networks have an obligation of interconnection with other public telecommunications networks, and allow access to other providers of telecommunications services, in accordance with the provisions of this law, its General regulations and applicable regulations. For this purpose, must own designs of architecture of network open that allow the interconnection and the interoperability of their networks and the access to the same.
Chapter II procedure article 70.-Faculty of intervention. The Agency for the regulation and Control of telecommunications, at any time, may intervene in the relations of interconnection and access, either that they are established by agreement or provision, at the request of any of the parties involved, or office where justified, in order to promote and, where appropriate, to ensure interconnection and access the interoperability of services, competition, or the achievement of the objectives set out in this law. The decision shall be executive and binding, notwithstanding right to requests or administrative and judicial appeals. The obligations and conditions that is imposed in conformity with this article will be objective, transparent, proportional and not discriminatory. In case of intervention, Agency for the regulation and Control of telecommunications shall consider the technical and economic feasibility of use or install 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 access proposed, in relation to the duly substantiated available capacity the initial investment by the facility owner, bearing in mind the risks involved in making the, the need to safeguard competition in the long term; and, where appropriate, relevant intellectual property rights. Article 71.-Economic regulation of interconnection and access. The regulation and Control of the Telecommunications Agency is empowered to impose, among other, obligations in terms of separation of accounts in relation to interconnection or access. In the same way it is empowered to impose economic conditions, including wholesale prices in relation to interconnection or access or interconnection charges. The Agency may establish a value zero (0) as charge of interconnection, in application of article 32 of this law. Fees and wholesale prices that are agreed or imposed for interconnection and access must serve to promote efficiency and sustainable competition and maximise the benefits for users. The load of the test with regard to them costs of the interconnection or the access, corresponds to the lender that them apply or that them alleges. The Agency for the regulation and Control of the telecommunication can use methods or models of calculation of costs 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 that applied and, where appropriate, order him to modify them. Article 72.-Negotiation and agreement. Any telecommunications service provider may request other interconnection or access as appropriate. The interested may freely negotiate the conditions of interconnection or access, within the provisions of this law, its General regulations and the respective regulations. However, they may require the intervention of the Agency for the regulation and Control of telecommunications with character of observer in the negotiations. The application of interconnection or access must be made in writing, with an indication of the required technical, economic and legal aspects. The person concerned shall forward a copy of the application to the Agency for the regulation and Control of telecommunications. The agreement must subscribe within the sixty (60) days following the date of the request for interconnection or access. Article 73.-Provisions of interconnection or access. Fulfilled the period referred to in the preceding article without that have signed the agreement, the Agency of 22 - third supplement - official registration No. 439 - Wednesday, February 18, 2015 regulation and Control of telecommunications will intervene, ex officio or upon request, to end ordering the interconnection or the requested access and define their technical, economic and legal conditions. The decision of the Agency regulation and Control of telecommunications must be issued within a period of forty-five (45) working days from the request of one or both interested, when you intervene on request or notify the commencement of the procedure of issuance of the provision of interconnection or access when acting ex officio. Notwithstanding everything stipulated in the preceding paragraph, when a lender requests it and in order to ensure the provision of the telecommunications services, the Agency for the regulation and Control of telecommunications, before issuing the provision of interconnection or access, you can order the interconnection or access immediately, while is processed the respective provision. Article 74.-Approval and modification. After your subscription, interconnection or access agreements must be, submitted to the Agency for the regulation and Control of telecommunications for approval and subsequent registration in the public register of telecommunications as a requirement for its entry into force. Regulation and Control of the Telecommunications Agency approve the deal within twenty (20) business days and, in case of not issuing a statement, will be deemed approved in everything that is not contrary to the law in force. The provisions of interconnection or access and its modifications must also register in the public registration of telecommunications. Article 75.-Ban. In no case may proceed is to the disconnection, interruption, suspension, lock, degradation of quality, removal of equipment or closing of the interconnection or the access, of form unilateral or of mutual agreement, even when exist disputes pending of resolution between them parts involved, authorities administrative or judicial, without have retrieved previously authorization of the Agency of regulation and Control of them telecommunications and , provided that establish the necessary measures to protect the rights of users or subscribers and the continuity of services.
the invulnerability of the network and its services and to guarantee the secrecy of communications and information transmitted over their networks. Such measures shall ensure a level of security appropriate to the risk. Where there is a particular risk of violations of the security of the network, the telecommunications services provider shall inform their subscribers, customers or users of such risk and, if measures to reduce or eliminate that risk are not under their control, on possible solutions. Article 77.-Interceptions. Only is may make interceptions when there is order express of it or the judge competent, in the frame of a research of a crime or by reasons of security public and of the State, of conformity with what sets the law and following the due process. In the case of lawful interception, and service providers shall provide all the information required in the order of interception, even the personal data involved in communication, as well as the necessary technical information and procedures for the decompression, decryption or decoding when the object of legal interception communications have been subject to such security measures. The contents of communications and personal data obtained as a result of a lawful interception order shall be subject to the protocols and rules of confidentiality that establishes the law in force.
Chapter II protection of the data personal article 78.-right to the privacy. For the full force of the right to privacy, established in article 66, article 20 of the Constitution of the Republic, the telecommunications service providers must ensure, in the exercise of its activity, the protection of data of a personal nature. For this purpose, the telecommunications service providers must adopt technical measures and management suitable to preserve the security of your network in order to ensure the protection of data of a personal nature in accordance 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 protection of personal data stored or transmitted from the accidental or illicit destruction, accidental loss or alteration or storage, processing, access or disclosure unauthorized or illicit.
3. the guarantee of the effective implementation of a policy of safety with regard to the processing of personal data.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 23 4. The guarantee that the information provided by customers, subscribers or users not be used for commercial or for advertising, or for any other purpose, unless it has the consent and authorization of each customer, Subscriber or user. The consent must include registered clearly, in such a way that it prohibits the use of any strategy that misled as to the issuance of such consent.
Article 79-Reporting obligations. Where there is a particular risk of violations of the security of the public network or telecommunications service, telecommunications service provider inform subscribers, customers and users about the risk and the measures to take. In case of violation of the data of a Subscriber or user, the provider such violation notify Subscriber or user immediately, describing unless the nature of the violation of the personal data, the contact points where more information can be obtained the recommended measures to mitigate the possible adverse effects of such breach and the measures already taken against the infringement of personal data. Notification of a violation of the personal data to a Subscriber, customer or user concerned shall not be required if the provider demonstrates to the Agency for the regulation and Control of telecommunications that has implemented appropriate technological protection measures and that these measures have been applied to the data affected by the breach of security. Some measures of protection of these characteristics make them data in incomprehensible to all person that not is authorized to access to them. To them effects established in this article, is means as violation of them data personal it violation of it security that causes it destruction, accidental or illicit, the loss, the alteration, the revelation or the access not authorized, of data personal transmitted, stored or treated in the provision of a service of telecommunications. Article 80.-Disclosure procedures. The service providers will implement internal procedures for responding to requests for access to the personal data of subscribers, customers or users from legally authorized authorities. Internal procedures that are implemented for purposes of supervision and control, will be at the disposal of the Agency for the regulation and Control of telecommunications. Article 81.-guides phone or from subscribers in general. Subscribers, customers or users have the right to not appear in telephone directories or subscribers. They must be informed of their rights regarding the use of your personal information in telephone directories or subscribers, in particular on the purpose or purposes of such guides and on the right they have, free of charge, to not be included in such guidelines. Article 82.-Commercial use of personal data. The service providers may not use personal data, information of the use of the service, traffic information, or the pattern of consumption of their subscribers, customers or users to the commercial promotion of services or products, unless the Subscriber or user relating to data or such information has given its prior written consent. Users or subscribers will have the possibility to clear and easy to withdraw your consent to the use of your data and the above information. Such consent shall specify the personal information or information whose use is authorised, time and its specific objective. Without such consent and with the same characteristics, the providers of telecommunications services may not sell, assign or transfer to third parties the personal data of its users, customers or subscribers. Same requirement applies for the information of the use of the service, information on traffic or the pattern of consumption of its users, customers, and subscribers. Article 83.-Technical Control. When carrying out the tasks of technical control, either to verify the proper use of the radio spectrum, the proper provision of telecommunications services, proper use and operation of telecommunications networks or to check the implemented measures to ensure the secrecy of communications and security of personal data, the use of equipment is necessary infrastructures and facilities which can undermine the security and integrity of networks, regulation and Control of the Telecommunications Agency must design and establish procedures that minimize the risk of affecting the contents of communications. When, as result of technical controls, providing evidence of the contents, the brackets in which they are may not be neither stored nor reported and will be immediately destroyed and disposed of. Article 84.-Delivery of information. Them and the providers of services, delivered to them authorities competent it information that les is required within the due process, to research of crimes. The Agency for the regulation and Control of telecommunications will establish the mechanisms and procedures that are necessary. Article 85.-Additional obligations. The regulation and Control of the Telecommunications Agency shall establish and shall regulate the mechanisms to monitor compliance with the obligations both of secrecy of communications as 24 - third supplement - official registration No. 439 - Wednesday, February 18, 2015, security of personal data and, where appropriate, will issue corresponding instructions, which are binding for the service providers in order to adopt certain measures concerning the integrity and security of networks and services. Among them, may impose: 1. the obligation to provide the information needed to assess the safety and integrity of their services and networks, including documents on security policies.
2. the obligation to undergo cost of the lender, an audit of security held by a public body, the competent authority or, if applicable, by a private company or natural person independent.
Article 86.-Compulsory. Terminal equipment of telecommunications which use radio spectrum and connect to public telecommunications networks shall have the approval and certification, made in accordance with the applicable rules, in order to prevent damage to networks, avoid involvement of telecommunication services, avoid the generation of harmful interference, and guarantee the rights of users and providers. The Agency for the regulation and Control of telecommunications may in addition establish regulation related to the approval and certification of telecommunications equipment. Article 87-Prohibitions. Is expressly prohibited: 1. the use and marketing of equipment terminals that use spectrum radio, that can prevent or interrupt the provision of them services, degrade their quality, cause damage to users or networks, generate interference harmful or that of any form affect the provision of them services or them rights of them users.
2. the marketing of terminal equipment which use radio spectrum and have not yet been approved and certified.
3. the marketing of terminal equipment which use radio spectrum and are inconsistent with the national frequency Plan.
4. the marketing of equipment terminals that have been blocked and not can be activated or used by them users in them different networks of them and the providers of services of telecommunications.
5. the use of the public telecommunication networks, terminal equipment using radio spectrum, who have not been previously approved and certified.
6. the others which are established by the Agency for the regulation and Control of telecommunications.
Title X society of the information and of the knowledge and service UNIVERSAL chapter unique promotion of the information society and provision of the service Universal article 88.-promotion of the information society and knowledge. The governing Ministry of telecommunications will promote the society of information and knowledge for the integral development of the country. For this purpose, said organ must guide his performance to the formulation of political, plans, programs and projects destined a: 1. ensure the right to the communication and access to the information. 2. promote universal access to telecommunications services; especially in rural or marginal urban areas in order to ensure adequate coverage of services for the benefit of Ecuadorian citizens.
3. promote the efficient establishment of infrastructure of telecommunications, especially in urban marginal and rural.
4 to ensure the Universal service. 5. promoting the development and mass-production of the use of information and communication technologies throughout the national territory.
6. support the education of the population in terms of Informatics and information technologies, in order to facilitate the proper use of the services or equipment.
7. promote the development and technological leadership of the Ecuador that enable the provision of new services at fair rates and prices.
Article 89-service universal. It service Universal constitutes the obligation of extend a set defined of services of telecommunications, to all them inhabitants of the territory national, with conditions minimum of accessibility, quality and to prices equitable, with independence of them conditions economic, social or the location geographic 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 third supplement - official registration No. 439 - Wednesday, February 18, 2015 - 25 information and communications, in accordance with the provisions of this Act, its regulations and the Plan of Universal service. Article 90-Universal Service Plan. The Plan of Universal service, which will be drawn up and approved by the governing Ministry of telecommunications and the information society, shall contain the services constituting the universal service and the geographic areas for your benefit. Is give attention priority to the areas geographical of less income and with lower coverage of services in the territory national. Universal service scheme must be framed within the objectives of the National Development Plan and be harmonized with this instrument. Article 91.-Implementation of projects and programmes of universal service. Projects and programmes for the implementation of the Plan of Universal service may be executed directly by public enterprises or employed with ventures, private or popular and solidary economy that have the respective qualifying titles, on the basis of the parameters of selection determined by the governing Ministry of telecommunications and the information society and subject to the organic law of the national system of public contracting. Without limiting the foregoing, qualifying securities will establish specific obligations of universal service through the expansion plans or other arrangements. Article 92.-Contribution. The providers of telecommunications services, except the broadcasters, will pay a contribution of 1% of total revenues invoiced and collected. This contribution should be performed on a quarterly basis, within fifteen days following the termination of each quarter of each calendar year and the Agency for the regulation and Control of telecommunications will levy.
Title XI resources scarce and occupation of property chapter I assigned article 93.-management spectrum. The State, through the Agency for regulation and Control of telecommunications, shall assign spectrum direct to public undertakings or by delegation to ventures in which have majority shareholder, the private sector and to companies of the popular and solidary economy in the cases provided for in this Act. Article 94-Objectives. Administration, regulation, management, planning and control of the radio spectrum shall pursue the following objectives: 1. efficient.-being a scarce natural resource, the radio spectrum use, both from the technical standpoint, as economic, must be administered and managed efficiently.
2 use rational.-decisions on the use they should be planned, ordered, appropriate technical and economic and aimed at the satisfaction of the public or general interest and the achievement of good living, Sumak Kawsay.
3. economic maximization-assessment to allow the use of the radio spectrum, is should seek their maximum economic yield in favor of the State, to achieve social well-being, but considering the necessary stimulus for investment.
4. development technological e investment.-is should promote the development and the use of new services, networks and technologies of the information and them communications and its access universal to all the population and foster the investment public and private.
5. communication-a free, cross-cultural, inclusive, diverse and participatory communication must be guaranteed as well as the creation and strengthening of social media public, private, and community and universal access to information and communication technologies especially for people and communities that lack such access or have limited.
6. Elimination of interference-must ensure the use of frequencies without interference, which will be implemented appropriate systems of monitoring and control.
7. fair and transparent-access access to radio spectrum must be in a transparent and equitable manner.
8 safety public and state-the use of the radio spectrum should contribute to public safety and the State.
9 easing and convergence-the allocation of radio spectrum must be agile and flexible procedures and is should promote and facilitate that wireless networks support multiple services with various technologies.
frequencies that can be used by the public in general, subject to establishing the legal force and without enabling title, or registration.
2 spectrum for use in free bands: are those bands of so-called free frequencies that can be used for services awarded by the Agency for regulation and Control and only require a registration.
3 spectrum for certain uses: are those set out by the Agency of regulation and Control; within this group, there may be proprietary or shared use allocations.
4 spectrum for experimental purposes: are those frequency bands intended for scientific research or for temporary testing of equipment.
5. spectrum reserved: are those bands of frequencies intended to it security public and of the State.
Chapter II appeal of numbering article 97.-Administration and management of the resource. The numbering is a finite resource whose management, control and allocation corresponds to the State. The service providers must comply with the provisions of Fundamental technical Plan of numbering and the complementary norms that dictate to the effect. Article 98-Assignment. The allocation of numbering resources will be held in conditions of equality, transparency, non-discriminatory treatment and attention to the public interest.
The allocation does not confer rights to the providers of telecommunications services and the Agency of regulation and Control of telecommunications may make modifications or reassignment necessary for the fulfilment of the objectives laid down in this law. You can set procedures for competitive or comparative selection for the allocation of numbers with exceptional economic value. Article 99.-Prohibition of assignment or transfer. The service providers may not transfer or assign of numbering resources who have assigned. Article 100.-Conservation of number. The service providers that use identification numbers to their subscribers, such as telephone services, will ensure that their subscribers can keep the numbers that have been assigned to them irrespective of the provider which will provide you the service, as well as plans or modality of contracting this service. In any case, the implementation of this obligation will not justify affectations in the quality of service and costs initial and maintenance that are generated at the time of its implementation shall be borne by the providers involved.
Chapter III occupation of goods article 101.-right of occupation. The service providers shall have the right, in terms of this law, General rules and regulations handed down for effect, the occupation of private property when it is strictly necessary for the installation of the network, in accordance with the technical project and provided that there are no other economically viable alternatives. Such occupation shall be effected by agreement, by declaration of public utility and expropriation carried out by the Agency for the regulation and Control of the telecommunication or by the Declaration of forced servitude of passage or occupation, for the installation of telecommunications network infrastructure. The service providers shall assume the costs involving the process of expropriation or occupation of property. Also have the right to occupy the public property, both for public use as those affected to public service, fulfilling the regulations issued by the competent authorities relating to use of the soil and occupation and use of the underlying Strip, within the right of via, roads and sections that comprise the State road network for this purpose. The Agency for the regulation and Control of telecommunications available occupation shared by various providers, facilities, real estate or any other element that is third supplement - official registration No. 439 - Wednesday, February 18, 2015 - 27 capable of sharing, if it were technically feasible and thus contributes to reduce or mitigate the visual pollution generated by the air of physical networks deployment. Article 102.-Expropriation power. The Agency for the regulation and Control of the telecommunication can declare public utility and proceed with the expropriation of privately owned goods necessary for the installation of telecommunication networks or for the performance of their duties. When expropriation is made for the installation of telecommunications networks, you can give on lease or transfer the good to the operator or operators who require it rightly. Article 103-Procedure. The Declaration shall be attached to the report technical-corresponding economic, the existing certificate from 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 will be processed in accordance with the rules and the procedure laid down in the applicable law. Article 104-Use and occupation of the property in the public domain. Autonomous governments decentralized at all levels must contemplate the needs of use and occupation of property in the public domain that establishes the Agency for the regulation and Control of telecommunications and, without prejudice to compliance with national technical and political standards, should coordinate with the Agency the necessary actions to ensure the laying and installation of networks that support telecommunications services in a healthy environment , free of pollution and protecting the heritage both natural as cultural. For installations on private property, the rates that the autonomous governments charge may not be other than directly related with the justified cost of the procedure for granting of permits installation or construction. The autonomous governments may not establish the use of airspace, regional, provincial or municipal charges linked to transmissions of radio networks or radio spectrum frequencies. Article 105-Easement of passage or occupation. Any person who owns or controls a good or necessary physical infrastructure for the provision of services shall allow its use by the providers of telecommunications services that require it, so equal, transparent and non-discriminatory basis, provided that such property 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 conditions for the use of the physical infrastructure, through the signing of an agreement of sharing physical infrastructure or creation of the easement, in accordance with the standards that are applicable. The deadline for direct negotiation is thirty (30) days from the date of the request made by the person concerned. For its further development and entry into force, shared use of physical infrastructure or the servitude Constitution agreements must be approved by the Agency for the regulation and Control of telecommunications and registered in the public register of telecommunications. However, if it has not reached an agreement in the period indicated in the preceding paragraph, the person concerned may request the intervention of the Agency for the regulation and Control of telecommunications, which may by resolution issued within a maximum of thirty (30) days, to impose a compulsory easement of passage, use, or sharing of the good or the physical infrastructure determining the technical, legal and economic conditions.
Chapter IV orbital resources and services satellite article 107.-Management to the International Telecommunication Union. It corresponds to the governing Ministry of telecommunications and the information society managing the allocation of geostationary orbital positions or satellite to the International Telecommunication Union and other international organizations the Republic of Ecuador. Article 108-Regulation and control. The use of the radio spectrum associated with satellite networks, as well as the provision of services through such networks will be managed, regulated and controlled by the State. Article 109.-System of use and services. The provision of satellite capacity, the provision of direct communications by satellite, as well as the provision of telecommunications services and use of the radio spectrum associated with satellite networks shall be governed by the provisions of this Act, its regulations and the respective regulations. Providing services through satellite networks and the use of the radio spectrum associated with satellites will require obtaining the enabling qualifications in accordance with the provisions of this law and regulations issued by the Agency for the regulation and Control of telecommunications.
Article 110-Run to install. The deadline for the installation and operation shall be one year from the date of signing of the respective enabling title; do not carry out installation, enabling title will revert to the State, serving to effect the termination procedure established for the effect. Article 111.-Compliance with rules. The equipment and infrastructure of radio broadcast stations of medium, short wave, modulated frequency, broadcast and subscription-based video and audio systems should be installed and operate in accordance with the provisions of the regulations that for this purpose issue the Agency for the regulation and Control of telecommunications. Article 112.-Modification of the title enabling. All modification with regard to the title enabling will be authorized by the Agency of regulation and Control of the telecommunications through Act administrative, whenever the same not modify the object of the title enabling. The subscription of an amending title will not be required. Article 113-Sharing of infrastructure. The providers of broadcasting and television, including audio and video subscription have an obligation to share the infrastructure related services subject to the regulations that for this purpose issue the Agency for the regulation and Control of telecommunications. Article 114-characteristics technical. Specifications for the operation of broadcasting services will be which approve the Agency for the regulation and Control of telecommunications in the processes of adjudication, in accordance with the provisions of the organic law of communication article 115.-classification. Broadcasting and television stations are classified in accordance with the provisions of the organic law of communication.
Title XIII regime penalties chapter I offenses article 116.-subjective scope and definition of responsibility.
Control and the sanctioning regime provided for in this title shall apply to natural or legal persons who have committed offences classified in the present law.
The imposition of the sanctions provided for in this law does not exclude or limit other administrative, civil or criminal responsibilities provided for in the existing legal system and qualifying titles. If the offences established under this law also constitute abuse of the power of the market and/or restrictive practices to competition, these may also be punished according to law for the regulation and Control of the power market. However, not may impose are two penalties by a same behavior. In such a case, the competent body substantiate and impose respective sanctions, will be who prevent knowledge of the cause. Article 117-Violations of first class. to. are violations of first class applicable to people natural or legal, not possessing of titles enabling covered in the field of the present law, them following: 1. the marketing or the use of equipment terminals that not have been approved or not meet with them conditions technical authorized.
2 supply the Ministry of telecommunications and the information society or the regulation and Control of the telecommunications agency inaccurate or incomplete information about aspects that they have requested, in accordance with the provisions of this law and its regulations.
3. any breach of the obligations laid down in this Act and its regulations; plans, technical standards and resolutions issued by the Ministry of telecommunications and the information society and by the Agency for the regulation and Control of telecommunications.
b. violations of first class applicable to holders of qualifying titles included in the scope of the present law are as follows: 1. not to inform the Agency for the regulation and Control of telecommunications or users regarding changes in the rates in the periods established in this law.
2. the marketing, installation or activation of equipment, devices or terminals blocked that not can be used by them users when wish to hire the service with another provider or not can be activated or used in the networks of these.
3. the lack of notification of total or partial interruption of service due to scheduled or unscheduled, in accordance with the procedure which issue the Agency for the regulation and Control of telecommunications for that purpose or that contained in the qualifying titles.
4. do not refer to the Agency for the regulation and Control of telecommunications containing listing of the inventory of telecommunications infrastructure installed and authorized in the terms established by that body.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 29 5. Marketing or allow the use of equipment terminals that have not been approved or do not comply with the technical conditions permitted.
6. If the providers do not inform about the changes in the economic, legal or technical conditions of interconnection within thirty business days.
7 supply the governing Ministry of telecommunications and the information society or to the regulation and Control of the telecommunications agency inaccurate or incomplete information about aspects that they have requested, in accordance with the provisions of this law and its regulations.
8. the installation of telecommunication infrastructure, without counting with devices of human security, signage for air navigation and identification labels or without properly identified measuring instruments.
9. failure to observe the policies or rules set out in the field of camouflage, ordering and burying of networks.
10. failure to notify the Agency for the regulation and Control of telecommunications, for the corresponding registration, change of legal representative for legal persons for the provision of broadcasting services.
11. failure to notify the Agency for the regulation and Control of telecommunications on changes to the statutes of the company enabled the provision of telecommunications and broadcasting services.
12. the realization of 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 notice to the Agency for the regulation and Control of telecommunications and obtain the authorisation.
13. do not meet, within the deadlines set by the Agency for the regulation and Control of telecommunications, large capacity orders made by the providers interconnected to your network.
14 install or change, without prior authorization, studies major or secondary or transmitters of a station for the provision of broadcasting within the authorized area.
15. do not inform users the rates applied in the pricing and invoicing of consumption of telecommunications services.
16. any breach of the obligations laid down in this law and its regulations, plans, technical standards and resolutions issued by the governing Ministry of telecommunications and the information society and by the Agency for the regulation and Control of telecommunications and obligations incorporated in qualifying titles that are not designated as offences in such instruments.
Article 118-Infringements of second class. a are second class offences applicable to natural or legal persons, not having qualifying titles included in the scope of this law, the following: 1. impeding the exercise of the powers of control, audit and monitoring, by the Agency for the regulation and Control of telecommunications or deny access of their duly identified staff facilities equipment or documentation that the Agency considers necessary for the exercise of such powers.
2 cause harmful interference. 3. not to supply information or documents provided for in this law and its regulations or requested by the governing Ministry of telecommunications and the information society or the Agency for regulation and Control of telecommunications in the terms and deadlines set by these.
4. do not comply with resolutions that are firm in the administrative procedure, issued by the Agency for the regulation and Control of telecommunications in the administrative proceedings.
5. the recidivism in the Commission of any offence of first class within a period of six months from the Declaration of the non-compliance by the Agency for the regulation and Control of telecommunications by means of resolution.
b. are second class offences applicable to holders of qualifying titles included in the scope of this law, the following: 1. interrupt of form total or partial service, without authorization or for reasons attributable to the service provider, pursuant to that laid down in the secondary legislation and enabling titles.
control, audit and monitoring, by the Agency for the regulation and Control of telecommunications or deny access of their duly identified staff to facilities, equipment or documentation that the Agency considers necessary for the exercise of such powers.
3. cause interference harmful. 4 charge rates higher than those agreed with the user.
30. third supplement - official registration No. 439 - Wednesday 18 February 2015 5. Charge for services not offered or not hired. 6. do not have information and assistance services for the care of claims, in accordance with current regulations and obligations incorporated in qualifying titles.
7. the lack of contingency plans in case of natural disasters or internal shock or failure to comply with all the services needed in cases of emergency, such as free emergency calls, auxiliaries for citizen security services and any other service defined as a social service or emergency by the Agency for the regulation and Control of telecommunications.
8 be interconnected without complying with provisions of the previously signed interconnection agreements or as provided by the Agency for the regulation and Control of telecommunications.
9 perform the interconnection without the approval of the agreement, order or provision of interconnection by the Agency for the regulation and Control of telecommunications.
10. the subscription of contracts of services with users, using models that not are hold to them conditions General or models not approved by the Agency of regulation and Control of the telecommunications.
11. the breach of them values objectives of them parameters of quality content in them titles enabling, plans, standards technical and resolutions issued by the Agency of regulation and Control of the telecommunications.
12. the breach of the obligation to provide number portability in the terms and conditions set by the Agency for the regulation and Control of telecommunications.
13. do not provide information or documents provided for in this law and its regulations or requested by the governing Ministry of telecommunications and the information society or the Agency for regulation and Control of telecommunications, on the terms and time limits set by these.
14 condition the provision of telecommunications service to purchase, lease or use of terminal equipment of the operator providing the service or compulsory recruitment from other services offered by the same or another lender.
15. the activation of terminals reported as stolen, including the activations performed by distributors or any other type of marketers authorized by an operator of telecommunications.
16 install transmission of broadcasting services infrastructure outside the authorized coverage area.
17. the suspension of the broadcasts of broadcasting services for more than eight days, without obtaining prior authorization.
18 unilaterally modify the terms of service contracts that are subscribed with their users, as well as leave blanks in signed contracts.
19. for lack of start of operations as with the deadline set in enabling title or in the regulations. In case of not having set a start date, in the span of one year from the granting and registration of the enabling title, with the exception of broadcasting services.
20. do not provide free access to public emergency services. 21. suspend the provision of services of telecommunications without cause justified, or suspend the service as is located in pending a claim presented by the user.
22 breach the provisions and recommendations of the audit reports made by the Agency for the regulation and Control of telecommunications.
23. do not comply with resolutions that are firm in the administrative procedure, issued by the Agency for the regulation and Control of telecommunications in the administrative proceedings.
24. the breach of rules on radiation not ionizing. 25 delay or impede unreasonably the interconnection with other operators, prior determination of the telecommunication regulation agency.
26 retard or impede unreasonably sharing infrastructure with other providers, prior determination of the Agency for the regulation and Control of telecommunications.
27. do not comply with or fulfil fully the interconnection or sharing of infrastructure provisions issued by the Agency for the regulation and Control of telecommunications on the terms and time limits laid down by this.
28. make the billing and pricing, using the system of rounding of rates, without observing the time effective of use.
Third supplement-registration official No. 439-Wednesday 18 of February of 2015-31 29. The recidivism in the Commission of any infringement of first class, within a period of six months, counted starting from the Declaration of the breach from the Agency of regulation and Control of them telecommunications, through resolution, or when are of compliance semi-annual or annual, in two periods continuous.
Article 119-infringements of third class. to. are infringements of third class applicable to people natural or legal, not possessing of titles enabling included in the field of the present law, them following: 1. exploitation or use of frequencies, without it obtaining prior of the title enabling or concession corresponding, as well as the provision of services not authorized, of them referred in the present law.
2 do not comply or fully comply with the provisions of infrastructure sharing issued by the Agency for the regulation and Control of telecommunications on the terms and time limits laid down by this.
3. the breach of provisions issued by the Agency of regulation and Control of the telecommunications intended to the cessation of interference harmful.
4. the recidivism in the Commission of any infringement of second class within a period of six months, counted starting from the Declaration of breach from the Agency of regulation and Control of them telecommunications, through resolution.
b. are infringements of third class applicable to holders of titles enabling included in the scope of the present law, them following: 1. charge rates above them stops tariff approved by the Agency of regulation and Control of them telecommunications.
2. exploitation or use of frequencies without it obtaining prior of the title enabling or granting corresponding, as well as the provision of services not authorized by health providers that possess titles enabling for others services.
3. the failure to comply with provisions issued by the Agency for the regulation and Control of telecommunications aimed at the cessation of interference.
4 cause the interruption of services provided by other lenders deliberately. 5. the recidivism in the Commission of any offence of second class within a period of six months, counted from the Declaration of non-compliance by the Agency for the regulation and Control of telecommunications, by means of resolution, or when they are six-monthly or annual, compliance in two continuous periods.
Article 120-Infractions fourth class. They constitute breaches of this type the following behaviors, applicable to holders of qualifying titles included in the scope of this law: 1. assign, alienate, encumber or transfer in any way the enabling title for the provision of telecommunications services.
2. the conduct of operations which, in any way, imply a change of control on an enabling title holder, without having requested nor previously obtained the permission of the Agency for the regulation and Control of telecommunications, single entity authorised in cases that is coming.
3. when the telecommunications service provider not implement, within the period fixed by the Agency for the regulation and Control of telecommunications, the express recommendations issued or arranged for this to avoid or minimize the use of their networks and telecommunications services as a means for the Commission of crimes.
4. the arrears in the payment of more than three consecutive months of rights, fees, contributions and other financial obligations with the Agency for the regulation and Control of telecommunications and the rector of telecommunications and the information society Ministry, as well as those related to Universal service obligations, enforceable in accordance with this law its regulations and provisions enabling titles or concession contracts.
5. the provision of services against national security. 6. the recidivism in the Commission of any breach of third-class within a period of six months from the Declaration of non-compliance by the Agency for the regulation and Control of telecommunications by means of resolution.
7. to suspend emissions, a station of the broadcasting service for more than 90 consecutive days, without the authorization of the Agency for the regulation and Control of telecommunications.
Article 121-Classes. Sanctions for the providers of telecommunications and broadcasting, television and audio and video subscription, shall apply in the following way: 32 - third supplement - official registration No. 439 - Wednesday 18 February 2015 1. Violations of first class-the fine will be between the 0.001% and the 0.03% of the amount of reference. 2 violations of second class-the fine will be 0.031% to 0.07% of the reference amount. 3 breaches of third class-fine will be 0,071% to 0.1% of the reference amount. 4 violations of fourth class-the sanction will be the revocation of the enabling title, with the exception of those that arise in third class and why recidivism are established as fourth class in which fine shall be 1% of the reference amount.
Article 122-Amount of reference. For the application of penalties laid down in this law, the reference amount is obtained based on the total income of the offender corresponding to your last income tax return, in relation to the service or enabling title he concerned. Only should not get the information necessary to determine the amount of reference and justify such impossibility, the fines are as follows: to) for sanctions first class, up to one hundred unified basic wages of workers in general. (b) for the sanctions of second class, from cent one to three hundred wages basic unified of the worker in general.
(c) for third class sanctions, from three hundred one up to 1,500 wages basic unified worker in general.
(d) to fourth class sanctions, since thousand five hundred one up to two thousand salaries basic unified worker in general.
Where not is can get the information required to determine the amount of reference and is justifies such impossibility, for them services of telecommunications whose title corresponds to a record of activities, as well as them services of broadcasting and television and audio and video by subscription, apply the 5% of them fines referred in them literal earlier. Article 123-Destination of fines. The amounts resulting from the imposition of the fines established in this law will join the General State budget. When public companies providers of services included in the scope of the present law are sanctioned by any of the prescribed offences, they shall exercise the right to repeat against the public servant responsible for the Act or omission generated by the imposition of the sanction. The process to repeat will be laid down in the existing legal system.
In all those cases not is exonerate them responsibilities administrative, civil or criminal, of having them. Article 124-Closing of broadcasting stations. The broadcasting and television stations that are installed and operate and use frequencies of the radio spectrum for such purposes without the corresponding authorization, and in the same way, in the case of audio and video subscription-based systems, even when the latter do not use of radio spectrum, without the corresponding authorization, will be closed with the support of the competent authority of the national police of the respective jurisdiction where the station or system is installed.
Chapter III procedure disciplinary, measures and prescription article 125-sanctioning. Corresponds to the regulatory agency and Control of telecommunications start ex officio or by denunciation, substantiate and solve the administrative procedure for the determination of a violation and, where appropriate, the imposition of the sanctions provided for in this law. The Agency shall ensure due process and the right to defence at all stages of the disciplinary procedure. The disciplinary procedure laid down in this chapter shall not be modified or altered by provisions contained in the enabling titles. Where some enabling title contemplate such modifications, these shall be deemed null and void. Article 126.-Opening. When suspected the Commission of any of the offences established under this law, the decentralized organism of the Agency for the regulation and Control of telecommunications will emit the opening ceremony of the sanctioning procedure. This Act shall indicate (i) the facts allegedly constituting the infringement, (ii) the classification of offences of which concerned allegedly broken rules, (iii) the possible sanctions that would come if you check its existence, and (iv) the term to make the disclaimers. In this opening act, the legal report supporting it must be attached. Article 127-Testing. The alleged infringer may file its allegations and disclaimers and provide and request the tests that it deems necessary for its defense, within the 15 working days following the notification of the Act of initiation of the proceedings. Expiration of this period, a period of 15 working days for the evacuation of the chosen test opens. If necessary ascertained for the third supplement - official registration No. 439 - Wednesday, February 18, 2015 - 33 evacuation tests by the alleged infringer or the decentralized organism of the Agency for the regulation and Control of telecommunications, is may extend the period for the disposal of evidence through properly motivated act. The tests allowed by the laws in force with the exception of judicial confession will be accepted. They may be declared inadmissible those tests which are not relevant for its lack of relationship with the facts or which can not alter the final resolution in favour of the alleged infringer. Article 128-Powers of investigation. The decentralized organism of the Agency for the regulation and Control of telecommunications will have powers of investigation during the disciplinary procedure and you can request any kind of information, including that subject to banking secrecy, or require the collaboration of entities or public or private bodies for the determination of the facts or of the existence of the infringement. Article 129-Resolution. The decentralized organism of the Agency for the regulation and Control of telecommunications, will issue the resolution of administrative sanctioning procedure within twenty business days following the expiration of the period for the disposal of evidence. The deadline for resolving may be extended accordingly for a time for a period equal to the stated in the previous paragraph. Article 130-Mitigating circumstances. For the purposes of its correction or the graduation of sanctions to be imposed will be considered the following mitigating circumstances: 1. not have been fined for the same infraction, identity of cause and effect in the nine months prior to the opening of the disciplinary procedure.
2 having admitted the offence in the conduct of the administrative penalties procedure. In this case, must present a plan of correction, which shall be approved by the Agency for the regulation and Control of telecommunications.
3. have troubleshooting integrally the violation of form voluntary before the imposition of the sanction. 4 have fully repaired the damage caused during the Commission of the offence, before the imposition of the sanction.
In the event of concurrence, duly verified, extenuating circumstances 1, 3 and 4, the Agency for regulation and Control of telecommunications, in cases in which they consider applicable and prior assessment of the affectation to the market, to the service or users, may refrain from imposing a sanction in case of violation of first and second class. This provision does not apply to infringements of third and fourth class. Article 131-Aggravating circumstances. Exercising its punitive power, must also assess the following aggravating circumstances: 1. the obstruction of the work of supervision, investigation and control, before and during the conduct of the infringement sanctioned punitive procedure.
the Commission of the offence. 3. the character continued of the infringing conduct. Article 132-Legitimacy, enforceability and corrective measures. The administrative acts that meet the administrative disciplinary procedures are presumed legitimate and have executive force once notified. The offender must satisfy them immediately or in the time established in such acts. Where the offender does not comply voluntarily with the payment of the fine, the fine will raise through the procedure of coercive execution, notwithstanding the origin of new sanctions, in accordance with the provisions of this law. The imposition of resources administrative or judicial against the resolutions of them procedures administrative sanction not suspended its execution. Besides the sanction imposed, is may order the compliance of them obligations whose breach generated it sanction or them measures corrective appropriate and proportional to the breaches. For this purpose, you can even request the help and collaboration of law enforcement or other public entities. Where the offender has, within the time ordered, does not comply with the ruling in the disciplinary procedure, the Agency for the regulation and Control of telecommunications may, subsidiarily, execute the ruling and retrieve, via coercive execution against the offender, expenses which incurred in the execution of subsidiary. Additionally, it may order repair of damages to third parties, such as return values improperly 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 sanctioning administrative procedure, may adopt preventive measures, such as the order of cessation of the conduct, 34 - third supplement - official registration No. 439 - Wednesday, February 18, 2015 the order of access, interconnection, occupation or sharing, the suspension of the payment of a fee, the suspension of service , among others. Preventive measures must comply with the intensity, proportionality and needs of the damage that is intended to prevent. Where the preventive measure is adopted before the start of the sanctioning administrative procedure, such a measure will expire if not start the referred procedure within a period of fifteen working days from the date of its notification. Article 134-Appeal. The resolution of the decentralized organism of the Agency for the regulation and Control of telecommunications in sanctioning administrative procedure, may be appealed administratively in appeal before the Executive Director of the agency within the period of 15 working days of. Such official shall have the period of sixty days to resolve and will merit of cars, without any further formality. The appeal not suspended the execution of the Act or of them measures that is had adopted u ordered, unless the Director it available when the execution of the Act or the measures could cause damages of impossible or difficult repair. Article 135-Prescription. Authority administrative to impose the penalties provided for in this law shall prescribe within a period of five years from the Commission of the offence, or in his case, from the day that the Agency for the regulation and Control of telecommunications has had knowledge of the constituent acts of violation by any means. The execution of them sanctions administrative imposed, of conformity with it willing in the present law, is barred to them five years counted from the moment in that have been in firm.
Chapter IV intervention and reversal of goods by revoking article 136-intervention. Within the administrative procedure penalties for violations of fourth class or in the cases provided for in the enabling titles that imply the sanction of revocation, the Agency for the regulation and Control of telecommunications may order the intervention of the title enabling, in order to safeguard the public interest and to ensure the continuity of the service. Article 137-Interventional procedure. The Agency for the regulation and Control of telecommunications shall establish the administrative procedure for the intervention, its effects and scope, designating an auditor which, along with the governing body of the company, is responsible for the fulfilment of obligations whose breach caused the start of the sanctioning procedure for this purpose and shall take the necessary measures to ensure the continuity of the service. The intervention will last until, to criterion of the Agency of regulation and Control of them telecommunications, and on the base of them reports of the administrator, is has remediated the breach or is has guaranteed the continuity of them services, case contrary is will proceed with the revocation of the title enabling. Article 138-Reversal of goods by revoking title enabling the revocation of the enabling title for the provision of a telecommunications service involves the reversal of the assets and to the provision of the service in the cases that the Agency's regulation and Control of telecommunication determined. Resolution of recall will include the order of reversal of the assets pertaining to the provision of the service, which shall constitute a translative domain of property title. For the determination of the amount that the State will pay to the service provider for concept of reversal of the assets pertaining to the provision of the service, it will serve the original value of the assets depreciated and amortized, according to accounting information declared by the lender for payment of the tax income. Article 139-Disqualification. Natural or legal persons who have been subject to a sanction of fourth class, in accordance with the provisions of this law, involving the revocation of the enabling title may not apply for or obtain enabling titles to provide telecommunications services or use the radio spectrum.
Title XIV INSTITUTIONALITY for the regulation and CONTROL chapter I Ministry of telecommunications and of the society of the information article 140.-rectory of the sector. The Ministry in charge of the sector of telecommunications and the information society is the governing body of telecommunications and of the society of information, computing, information and communications and the security of the information technologies. This organ is 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 regulations and development plans that are established at the national level.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 35 plans and policies issued by the Ministry must be framed within the objectives of the National Development Plan and will be mandatory for the public and private sectors. Article 141.-Competencies of the governing body. Corresponds to the governing body of the sector of telecommunications and the information society: 1. exercise, at the international level, the representation of the Ecuadorian State in the field of telecommunications, radio spectrum and the information and communications technologies. The governing Ministry of telecommunications and the information society is the administration of the telecommunications of Ecuador before the International Telecommunications 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 the development of telecommunications, as well as monitor and assess its implementation.
3 develop, direct, guide and coordinate public policies for the proper administration and management of the radio spectrum subject to this law.
4. promote, in coordination with public or private institutions, scientific and technological research in telecommunications, information and communication technologies, as well as the implementation of projects that support it.
5 approve the Plan of Universal service and define the telecommunications services that are included in the Universal service.
6. perform engagements and procedures that are necessary for the fulfillment of the Plan of Universal service and its projects and issue the necessary instructions to the Agency for the regulation and Control of telecommunications for the inclusion of the titles enabling universal service obligation.
7 coordinate and lead the effective use of information and communication technologies in public bodies.
8 manage the allocation of geostationary orbital positions or satellite to the International Telecommunication Union or other international bodies in favour of the Republic of Ecuador.
9 determine, for purposes of fulfilment of their competencies, the information sector to require suppliers of telecommunications services or the providers.
10. establish policies and technical rules for the fixing of fees or consideration on the application of articles 9 and 11 of this Act.
11. the others established in this law, the General Regulation and in general in the existing legal order.
the telecommunications article 142.-creation and nature. Created the Agency for regulation and Control of telecommunications (ARCOTEL) as a legal entity of public law, administrative, technical, economic and financial autonomy and its own patrimony, under the governing Ministry of telecommunications and the information society. The regulation and Control of the Telecommunications Agency is the entity responsible for the Administration, regulation and control telecommunications and radio spectrum and its management, as well as the technical aspects of the management of social media that use of the radio spectrum or install and operate networks. Article 143.-registered office and deconcentration. The Agency for the regulation and Control of telecommunications will be headquartered in the Metropolitan District of Quito, without prejudice to the establishment of offices for management decentralized to the promotion of administrative deconcentration, in accordance with the provisions of the law in force. However the provisions of this article, may not UN-concentrate the regulatory powers. Article 144.-Powers of the Agency. Corresponds to the regulation and Control of the Telecommunications Agency: 1. issue regulations, technical standards, technical plans and other acts that may be necessary in the exercise of its powers, so that the provision of telecommunications services comply with the provisions of the Constitution of the Republic and the objectives and principles laid down in this law, in accordance with the policies issued by the rector of telecommunications and the information society Ministry.
2 develop, approve, modify, and update the national frequency Plan. 3 develop proposals for economic valuation for allocation and use, exploitation and/or exploitation of the radio spectrum, fees for the use of frequencies and fees for granting and renewal of qualifying titles.
4. exercise the control of the provision of the services of telecommunications, including the service of long distance international, so that these activities and services is hold to the ordering legal and to it established in them corresponding titles enabling.
36. third supplement - official registration No. 439 - Wednesday 18 February 2015 5. Technical control of the means of social communication that use of the radio spectrum or install and operate networks, such as audio and video subscription.
6. control and monitor the use of the spectrum radio. 7 regulate, substantiate and solve the procedures of granting, management, and termination of qualifying titles provided for in this law.
8 implement, organize and manage the public registration of telecommunications. 9. authorize the assignment, transfer or alienation of the qualifying titles in accordance with the provisions of this law. As indicated in this paragraph does not apply to qualifying titles granted to under the Organic Act of communication and its implementing regulations.
10. regular and control the rates by the provision of the services of telecommunications of conformity with this law.
11. establish requirements, content, conditions, terms and deadlines for qualifying titles. 12 establish general regulations or individuals when there are distortions to competition in services, telecommunications or affecting the rights of subscribers or users, including special rules to those providers who individually or collectively, have market power.
13 approve and sign agreements for interconnection and access order modification where necessary, in accordance with this law.
14. regular networking and access and intervene in such relationships, as well as issuing the relevant provisions in accordance with this law.
15 establish and raise the economic rights for the provision of telecommunications services and other values set out in this Act within the framework of its competences.
16 raise the contribution to the implementation of the universal service. 17 approved equipment for telecommunications terminal and qualify appropriate technical certification laboratories.
18. start and substantiate them procedures administrative of determination of violations and impose in its case, the sanctions planned in this law.
19. exercise, of conformity with the law, the jurisdiction coercive in all those cases of their competition.
20, in the sphere of its competence, authorize operations that, in any way, imply a change in the control of the providers of telecommunications services, in accordance with the provisions of this law and its General regulations and rules issued.
21 substantiate and regulate the care of claims procedures for violation of rights of subscribers and users of telecommunications services.
22 inspect and supervise the installation, establishment and operation of telecommunication networks and systems of social media that use radio spectrum, as well as audio and video subscription networks.
23 require any information that it deems convenient, produced as a result of the provision of services and execution of enabling titles within the scope of their powers to the providers of telecommunications services.
24 to assess and regulate the behavior of the telecommunications market, determine the existence of distortions that affect competition or which infringe the rights of subscribers and users, as well as to determine the existence of providers that jointly exercised individually or to market.
25 studies on the telecommunications sector and maintain and publish statistics in this sector.
26 regulate the occupation of goods and infrastructure of private property for the installation of telecommunications networks and broadcasting rights of passage and occupation, in accordance with the provisions of this law.
27 to coordinate with the competent public authorities access and occupation of public property to achieve the objectives of this Act.
28. establish regulations necessary to ensure the security of communications and the protection of personal data.
29 regulate and control activities related to electronic commerce and electronic signature, in accordance with the law in force.
30 exercise all other powers provided for in this law and that they have not been attributed to the governing Ministry of telecommunications and the information society or in the existing legal system.
(b)) the National Secretary of planning and development, or its permanent delegate; and, c) a member appointed by the President of the Republic. The Director Executive of the Agency for the regulation and Control of telecommunications will act as Secretary of the Board of Directors and will participate with voice but without vote. Them members of the directory or their delegates permanent and it or the Director Executive of the Agency of regulation and Control of them telecommunications shall meet the following conditions: 1. be Ecuadorian or Ecuadorian. 2. have title professional's third level. 3. not be bankrupt in a ban for the exercise of a put or cargo public. 4. have proven experience and suitability technical and professional in the sector of the telecommunications. Them members of the directory or their delegates permanent and it or the Director Executive, to start their functions must present a statement sworn of not keep conflicts of interests with health providers of services of character private, in them terms expected in the article 232 of the Constitution of the Republic. The directory to be held in ordinary form at least once a month and in an extraordinary way, when any of its members or the Executive Director, justified as prompted. The Chairman of the Board, who will determine further points in the session will make the call for. During the sessions, any of the members and the Executive Director may, accordingly, request the treatment of a topic. The other standards relating to the operation of the directory indicated in the regulation General of this law. Article 146-powers of the Board. Corresponds to the directory of the Agency of regulation and Control of them telecommunications: 1. approve the rules General for the granting and extinction of them titles enabling referred to in this law.
2. approve, amend and update the Plan national de frequencies. 3. approve the valuation economic for the allocation and use, exploitation or exploitation of the spectrum radio, rates and rights by granting and renewal of titles enabling.
4 limit, at any time, the number of allowances to be granted for the use, exploitation and/or exploitation of the radio spectrum for telecommunications, in order to ensure the rational or efficient use of the radio spectrum, for economic reasons or to achieve an objective of public interest, in which case the allocation of frequencies of the radio spectrum should be carried out through competitive public process.
5 to approve the budget pro forma and annual report of the Agency for the regulation and Control of telecommunications.
6 approve the Strategic Plan and the Organic Statute of organizational management by processes of regulation and Control of the Telecommunications Agency.
7. approve them regulations provided in this law or them necessary for its compliance and them regulations internal to the operation of the Agency.
8. appoint to the Director or Director Executive of the Agency of regulation and Control of the telecommunications of a terna that present the President of the directory, and remove it of be necessary.
9 approve the economic rights to grant qualifying titles for the provision of services and the use, exploitation or exploitation of radio spectrum as well as rates by procedure established by this law; and, 10. Any other contained in this law and in the laws in force. Article 147-Executive Director. The Agency for the regulation and Control of telecommunications will be directed and administered by the Executive Director of free appointment and removal of the directory. With the exception of the powers expressly reserved to the directory, the Executive Director is fully competent to issue all the acts necessary for the achievement of the objectives of this law and the performance 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 that use of the radio spectrum or install and operate networks such as audio and video subscription. Shall exercise their powers in accordance with it established in this law, its regulation General and them standards technical, plans General and regulations that issue the directory and, in general, in accordance with it established in the ordering legal existing. Article 148.-powers of the Director Executive. Corresponds to the Director or Executive Director of the Agency for the regulation and Control of the telecommunication: 38 - third supplement - official registration No. 439 - Wednesday 18 February 2015 1. Exercise direction, administration and legal, judicial and extra-judicial representation of the Agency. 2. to approve the Planning Agency for the regulation and Control of telecommunications. 3. direct the procedure of conduct and resolve on the granting and extinction of them titles enabling referred to in this law, both in granting direct as through contest public, as well as subscribe them corresponding titles enabling, of compliance with this law, its regulation General and them regulations issued by the directory.
4. to approve the regulations for the provision of telecommunications services, which include technical, economic, access and legal aspects as well as the requirements, content, terms, conditions and deadlines for qualifying titles each and any other matter necessary for the fulfilment of the objectives of this law.
5 approve fundamental technical plans and its subsequent amendments. 6. authorize the assignment, transfer or alienation of the qualifying titles in accordance with the provisions in this law and in the laws in force.
7 authorize operations that, in any way, imply a change in the control of the providers of telecommunications services, in accordance with the provisions of this law and its General regulations and rules issued.
8 meet and resolve on the appeal appeals against the acts issued by the decentralized organization of the Agency, within the sanctioning procedure.
9 appoint, hire, suspend and remove the Agency's staff. 10. present the pro forma budget e report annual of the Agency and submit it to the approval of the directory.
11 approve the internal rules, sign contracts and issuing administrative acts necessary for the functioning of the regulation and Control of the Telecommunications Agency.
12. delegate one or more of its powers to officials of the Agency for the regulation and Control of telecommunications.
13. raise them rights economic for the granting of titles enabling for the provision of services and by the use, use and/or exploitation of the spectrum radio, as well as the rates by procedure established in this law.
14 raise the contribution to the implementation of the universal service.
15 submit for approval of the directory of institutional strategic plan and projects of organic status by the Agency for the regulation and Control of telecommunications processes.
16 exercise the other powers provided for in this Act or legislation not conferred to the directory.
General provisions first.-public consultation procedure. To the issuance or modification of plans or acts of normative content, the Agency for the regulation and Control of telecommunications should be public consultations to receive opinions, recommendations and comments of the affected or interested, in the physical form or by electronic means. The opinions, suggestions or recommendations which are formulated in the public consultation procedure shall not be binding. In all cases for issuing normative acts, there will be studies or reports which justify its legitimacy and opportunity. The regulation and Control of the Telecommunications Agency will regulate the public consultation procedure provided for in this article.
Second.-Advisory Council. The Agency for the regulation and Control of telecommunications, will create an Advisory Council for the defense of the rights of the users of telecommunications services; its organization and operation shall be subject to regulations that for this purpose issue the regulation and Control of the Telecommunications Agency. This Council is composed by: a) a delegate of the Board of the Agency of regulation and Control of telecommunications, who will chair it.
(b) a delegate from the Office of the Ombudsman. (c) a delegate of the public companies, providers of telecommunications services. (d) a delegate of the private companies, providers of telecommunications services. (e) a representative of the users of telecommunications services. ((The delegates referred to in c), d) and e) will be appointed by electoral colleges, organized by the Council of citizen participation and Social Control, not receive remuneration or diets and will last two years in office.
Third supplement - Registro Oficial Nº 439 - Wednesday 18 February 2015 - 39 recommendations issued by the Consultative Council will not have the nature of binding and shall be limited to the scope of rights of the users of telecommunications services. Third.-revenue target. Income derived from the payment of fees generated by the granting of qualifying titles in the field of telecommunications and the use of radio spectrum, as well as the contributions established in this law, will join the General State budget, with the exception of fees for administrative services. Of equal way, them balances remnants of them subscribers or customers, from of them refills, whose return not has been requested in the term of ninety days counted starting from the generation of the causal of return, will be transferred by the provider of the service to the budget General of the State, when concluded it relationship contractual of provision of the service, of conformity with the procedure that issue the Agency of regulation and Control of them telecommunications for the effect. Fourth.-construction and deployment of infrastructure. He Ministry rector of them telecommunications and of the society of the information will establish them political, provisions, schedules and criteria for the burying of networks and infrastructure of telecommunications. The construction of public works or projects in which the Central Government request the removal and relocation of facilities of public utilities and has as area of incidence or impacting areas included in the plan of management of networks and telecommunications infrastructure, and burial should burying it or ordered. Starting from the entry in force of this law, all them projects road and of development urban and housing must provide for mandatory the construction of ducts and cameras for the burying of them networks e infrastructure of telecommunications, of conformity with it planned in the code organic of organization Territorial, autonomies and decentralization (COOTAD) and this law.
First.-qualifying titles for the provision of telecommunications services provided prior to issuance of this law will remain in force until the expiry of the period of its duration without having to obtain a new title. However, the telecommunications service providers must comply with all obligations and provisions contained in this law, its General regulations, plans, rules, acts and regulations issued by the Agency for the regulation and Control of telecommunications. In case of contradiction or difference between titles enabling provisions and the provisions of this Act and its General Regulation, including the acts arising from its application, these provisions shall prevail.
Second.-them titles enabling whose granting is are in course to the time of the enactment of the present law is processed following them procedures planned in the legislation previous before the Agency of regulation and Control of them telecommunications. However, the Agency for the regulation and Control of telecommunications will establish the contents, conditions, terms and deadlines for such securities, in accordance with the provisions of this law. Third.-the administrative judgments initiated prior to the time of the enactment of this law will be processed by the Agency for the regulation and Control of telecommunications according to the procedures provided for in the previous legislation and existing sanctions will be applied to the date of the Commission of the offence. Fourth.-the President of the Republic, in the term of cent eighty days, shall issue the regulation General of the present law. Fifth.-the Agency for the regulation and Control of the telecommunication, within the period of one hundred and eighty days from the publication in the official record of the present law, suit formally and materially the secondary legislation which has issued the CONATEL or the extinct CONARTEL and issue regulations, technical standards and other regulations laid down in this law. In those aspects that are not contrary to this Act and its General Regulation, the regulations issued by the National Council of telecommunications will remain in force, while they are not expressly repealed by the Agency for the regulation and Control of telecommunications. Sixth.-the directory of the Agency for the regulation and Control of telecommunications, in order to maintain the continuity of the activities of regulation, administration, management and control, will approve a temporary structure of the Agency, under the names that correspond to the new institutions. Until it has been appointed to the Executive of the Agency Director, such powers shall be exercised by the Minister of telecommunications and the information society. Seventh.-them servers and workers that came paying services in the Superintendency of telecommunications, the Council national of telecommunications and it secretariat national of telecommunications pass to form part of the payroll of the Agency of regulation and Control of them telecommunications, retaining their rights of conformity with the law. In 180 days, the Agency for the regulation and Control of telecommunications will be a process of evaluation, rationalisation and human talent selection if applicable, deleted unnecessary jobs and will carry out the necessary actions in accordance with the provisions of the organic law of public service, its General regulations and applicable standards. Eighth.-within the period of one up to hundred eighty days from publication of this law in the official register persons possessing natural 40 - third supplement - official registration No. 439 - Wednesday, February 18, 2015 qualifying titles of audio and video subscription service, may act in a commercial company which, prior authorisation of the Agency for the regulation and Control of telecommunications It will become holder of this qualification on the terms and time limits laid down in the original title to name of the natural person, for such purposes, the Agency shall draw up the respective regulations. Ninth.-the business operators CONECEL S.A. and OTECEL S.A., within the period of ninety days from the date of publication of this law in the Official Gazette, having as antecedent Superintendency of telecommunications issued by the extinct resolutions related with sanctions imposed by "charging their subscribers for the provision of cellular mobile telephone service ", rates with billing rounded to the minute immediately above, that is, by the time not actually used by users" and the impossibility of return to order from each Subscriber as charged improperly, must transfer these values more the legal interests to the Agency for the regulation and Control of telecommunications, so that they enter the General State budget. The Agency for the regulation and Control of the telecommunications contents 14(bis) will provide measures that are necessary to ensure that this provision is met without delay.
REPEALING provisions first.-repealing the special telecommunications law and all his reforms and the General regulations to the special law of reformed telecommunications, broadcasting and Television, and its General Regulations Act, as well as the provisions contained in regulations, ordinances and other regulations that are opposed to this law. Second.-is repeals the mandate constituent not. 10, published in the supplement of the record official 348, of 29 of mayo of 2008, and it law organic reform to the mandate constituent not. 10, posted in the supplement of the record official No. 37, of 30 of September of 2009.
PROVISIONS late first-is suppresses the Superintendency of telecommunications, the Council national of telecommunications (CONATEL) and the secretariat national of telecommunications. Budget items, furniture and real estate, active and passive, property as well as the rights and obligations arising from contracts, agreements and national and international instruments relevant to such entities, go to the Agency for the 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 frequencies, are borne by the Agency for the regulation and Control of telecommunications. Second.-the Superintendent of telecommunications and the National Secretary of telecommunications, in application of the provisions of the first Final provision, will stop in functions from the publication of this law in the Official Gazette; in such reason, was declared completed the period for which were designated. Third.-the representation of the Ecuadorian State to the International Telecommunications Union (ITU) is assumed by the governing Ministry of telecommunications and the information society, which will feature advice technical-regulatory agency for the regulation and Control of telecommunications, coordination will be carried out for which purpose. Fourth: the Agency for the regulation and Control of telecommunications shall exercise the functions of regulation, control and Administration attributed to the National Council of telecommunications, Superintendence of telecommunications and national Secretary of telecommunications in the law of electronic commerce, electronic signatures and messages of data, its General regulations and other regulations. Fifth.-the present law shall enter into force following 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, on the tenth day of the month of February of two thousand fifteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) Dr. Libya RIVAS ORDÓÑEZ, Secretary General.
The official record is not responsible for spelling, grammar, errors in the background or in such a way that they contain published documents, these documents provided by different institutions for its enactment, are faithfully transcribed from their originals, which are archived and are our support.