MP wants to set a time for Anatel decision on charging the extra point
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The federal prosecutor in the Federal District, Paulo Jose Rocha Jr., wants the Justice set a deadline for the National Telecommunications Agency (Anatel) take a decision to ban or not to charge the extra point of cable TV. Last week, the prosecutor submitted to the Federal Court in Brasilia, a protest asking that defined a period of 30 days for the Anatel ruling on the matter. Anatel is nine months postponing the decision.
"Asked the judge set a deadline because it gives more trust to Anatel. You can not believe she will do," said Rocha Júnior this Friday, after participating in meeting of the Advisory Board of Anatel, the body that advises the board director of the agency.
He even admitted the possibility of taking other measures tougher if the courts set a deadline and Anatel fails. "We may require the administrator efficiency and, accordingly, if it is inefficient repeatedly, without any justification, we can take more serious," he explained.
The prosecutor said that Anatel may not use as justification to delay the failure of one of five directors. Since November last year, when finished the term of Pedro Jaime Ziller, Anatel is with four advisers. The agency is awaiting approval by the Senate the name of the economist John Rezende, indicated for the fifth round.
"One thing is not having a quorum. But there is a quorum, there is responsibility of the administrator to decide," he said. The controversy began in June 2008, when Anatel regulates the rights of users of cable TV.
The regulation prohibited the collection of the extra point, but were allowed charges for installation and maintenance services. At the time, consumer protection bodies criticized the regulation, saying that opened holes for the carriers to transform into a maintenance rate monthly charge.
The matter ended up in court, which in point, Anatel established that clarify what can be charged. With the postponement of the decision by the agency, the rule remains valid before the regulation, which frees the carriers to charge the extra point, Anatel to clarify the matter.
The rapporteur of the proceedings, counsel Emília Ribeiro, presented in January to vote for the recovery, arguing that companies have cost to provide this service and therefore must be paid. The opinion has not been voted.
Former rapporteur, Pedro Jaime Ziller, before the end of his term in Anatel, has registered to vote against your record collection. He argued that companies already charged for programming in the main point and could possibly charge a fee to maintain the extra point, but this should not be charging monthly.
Rocha Júnior is also responsible in the Public Ministry, the analysis of the purchase of Brasil Telecom (BrT) by Oi. According to him, is not yet decided if the MP enter with an action in court on the case. "You must have internal consensus about the relevant points, to assess the legality of them is not an individual action," he said.
He noted that the MP proposed an action in court for the delay set by Anatel in the General Plan Competition (PGMC) for fixed telephony and the fact that the purchase of BrT have been approved before the establishment of these rules. "Anatel sets out obligations on DTH (satellite pay-TV) and the more essential, which are the goals of competition in a sector oligopolizado with disabilities to compete, she does not decide," he said.
Source: State Agency
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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