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Consumers need to be vigilant to ensure rights in fixed broadband plans

05/02/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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popular pressure made Anatel back, determining the logging ban, initially for 90 days and then for an indefinite period, until the Council examine the issue

Source: State of Minas

 

Brasília - To measure the power of the internet, just to mess with her. Operators, users, consumer protection agencies, regulatory agency, government, parliamentarians, lawyers and even hackers entered a fierce fight over the implementation of franchise for fixed broadband service. The example of what happened with the mobile Internet, telecommunications companies tested adopt cutting service at the end of the data plan consumption. So unpopular, the measure, which initially had the support of the National Telecommunications Agency (Anatel) - to the anger of consumers - just prohibited. Not without creating controversy.

The statement of the president of the regulatory agency, João Rezende, that the "era of unlimited internet came to an end," provoked a flurry of demonstrations and the agency had website hacked by Anonymous Brazil. Rezende data were exposed on the network, photos of him fraternizing with executives of leaked operators and threats were made. The Ministry of Communications has come to demand the formalization of terms of commitment of operators, ensuring that there would no longer offer unlimited packages.

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"For the Federal Constitution, companies are free to operate while respecting the principles of valuation of work, consumer protection and social justice." Rafael Zanatta, specialist Idec (photo: Art EM)

With the pressure, Anatel reversed, determining the logging ban, initially for 90 days and then for an indefinite period, until the Council examine the issue. In a statement, the agency reaffirms the determination. But is the caveat: "Although such actions are provided by membership contract or service plan."

Given the Anatel decision, it was the turn of the ministry retreat. The government dropped to require the terms of engagement, claiming that "will continue to follow the progress of the matter, regardless of the formulation required at this time, the terms of engagement." Still, the Communications Minister André Figueiredo, has repeatedly reaffirmed that it will not give up the unlimited internet, or allow this option is only offered with abusive prices.

In the regulator, the rapporteur of the case on fixed broadband franchise, Otavio Rodrigues adviser, says that will create a working group to study the issue and hear representatives of consumer bodies and companies before drawing up its report. He did not give time to submit your vote, but said the "consumer interest will be preserved."

The Secretary of the Ministry of Communications Telecommunications says that the action of the operators was precipitated. "There was no concern to effectively inform consumers about the changes, nor were alternative proposals that would ensure conditions for the provision without excessive price increase service," he says.

UNLAWFULNESS For the researcher in telecommunications of the Consumer Defense Institute (Idec), Rafael Zanatta, there is no legality in the data access limitation on broadband because the practice violates clauses of three important laws that defend consumer rights and regulate sector. The first is the Marco Civil, federal law established two years ago, which defines the rights to use the internet in Brazil, according to which operators are forbidden to disconnect the internet connection of consumers using as justification the scope of an alleged limit data. Operators claim that there is a resolution of 2013 Anatel authorizing the practice. "The Civil Marco is after the resolution and federal law overrides the Anatel," argues Zanatta.

The Consumer Protection Code, established more than 25 years, also does not allow practices that put consumers in front excessive disadvantage to any service or commercial contract, continues the expert. "As companies modified their fixed broadband contracts in recent months and now include low absurdly franchises, between 10 and 30 gigabytes (GB) in the most economic plans, they put millions of consumers at a disadvantage without cause," says .

Moreover, Zanatta emphasizes that the Economic Crimes Law exists to balance economic relations so that the consumer has the choice option. "Whereas Hi, Claro, Net and Telefonica / Vivo hold almost 90% of the Brazilian market, the practice can be understood as economic crime," he says, noting that the argument that operate on private property and free market can not prevail. "For the Federal Constitution, companies are free to operate while respecting the principles of valuation of work, consumer protection and social justice," he adds.

According to the president of the consultancy Teleco, Eduardo Tude, the controversy was generated because there is misinformation on the part of the consumer. "People do not know how much they consume and claim the franchise because they think they will lose out. What happens is that broadband is the main product of operators and data consumption is growing at 50% rate per year. Today, it is interesting to have quotas, because who uses less can pay less and vice versa. Otherwise, who uses just little subsidizing the heavy user, "he explains.

For the specialist, as consumers are gauging their consumption, may find advantages to the different plans which will be offered if the franchise system is authorized. For now, operators do not offer mechanisms for the user to measure their consumption.

Businesses are affected

In addition to displease consumers, limiting broadband can hurt business. Elilde Silva Santos, 28, is the manager of a coffee shop in the North Wing, Brasilia, and says that if limited to internet, most customers fail to attend the establishment. "We get a lot of people daily. Most use computers and mobile phones to the network here. With limit, you will not have access to everyone, "estimates. Of total customers cafeteria, 60% use the wi-fi. "The limit will make our sales plummet," he laments.

Telefonica Vivo led the uprising, revealing that, since February, the Living Fixed Internet service already provided for the creation of data consumption franchise. In a statement on the occasion of the GVT brand disappearance of advertising, purchased by the company, he said that "promotionally will not be charged for excess data usage by 31 December 2016. As this were to occur in the future, the company will an educational previous work, through appropriate tools so that the customer can check their consumption. "

However, after the change of Anatel's position caused by the intervention of ministry, Vivo also changed the discourse. In the latest statement, the company informs that "meets all existing legal and regulatory determinations and never applied block or speed reduction in the fixed broadband service."

The Hi points out that "currently does not practice speed reduction or interruption of navigation after the end of the franchise data from their fixed broadband customers." The company admits, however, that the broadband service "has a monthly data consumption limit, proportional to the speed contracted and informed in the regulation of supply." The Hi offers 2MB packages to 35MB speed.

Fixed broadband offered only 220,000 consumers in São Paulo and Rio de Janeiro, so with one of the smallest slices of the market service, TIM does not provide relief. In a statement, TIM said that "the company does not sell plans with monthly allowance of limited data and does not provide for changes to current offerings." According to the company, plans are made available by connection speed (35 MB to 1 GB) and navigation "free."

NET points out that there has been no change in policy and characteristics of broadband plans fixed by it sold since its launch and that the service is in full compliance with all obligations and industry regulations. "The company states that are in compliance with the recent determinations of Anatel." Experts guarantee, however, that, except for TIM, all the other companies operating with franchises contracts and tend to slow down when exhaling data plan. Practice was only now banned by Anatel.

 

Source: State of Minas

To access the site Estado de Minas, click here.

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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