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Injunction prohibits charging extra point of pay TV

27/08/2010

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

 


The Federal Court granted an injunction, Joinville (SC), in effect throughout the country, determining that the Net Florianópolis, Brazil Services SKY Telecom and Embratel TVSAT figures do not cover the extra point and the service extension point-TV or rental rates of the devices decoders.

Action in the Federal Public Ministry (MPF), filed by District Attorney Mario Sergio Barbosa, the National Telecommunications Agency (Anatel) approved the regulations for protecting and defending the rights of subscribers of pay TV services, featuring programming that main point, including programs individually paid by the subscriber, should be available without additional charge for extra points, installed in the same home address.
The regulation also provides that the provider may charge only the installation and repair of the internal network and signal decoders.

What is verified in practice, however, as the prosecutor is charging for the extra point in a disguised form, under the nomenclature of "Rent decoder. The providers are demanding a new installation and maintenance of other charging for exit point of the signal within the same dependence.
The cost of hiring extra point in the signal, however, not a periodic and ongoing expense in order to justify a monthly fee, which makes it illegal to charge rent.

In action, the consumer, by joining the service, get a package containing multiple channels. It is therefore their right to enjoy more than one channel at a time, using in all the fullness, the signal telecommunications purchased.
Because they are only one way to enjoy the service of transmitting audio and video contractor, the extra points are not a standalone service in relation to the main point, there is no reason for any additional charge.

The court also determined that the Net, SKY and Embratel will not interrupt the supply of equipment set-top boxes or charge for their availability, except when performing the installation service or maintenance and repairs.
Was still determined to Anatel will not admit more possibility of the provider and the subscriber defining the form of hiring the equipment decoder, whether by sale, rental, lending or other.

The FCC must also implement all measures necessary to comply with court order, establishing administrative procedures and applying the penalties provided by law for the acts of providers who are dissatisfied with the articles of the regulation to protect and defend the rights of subscribers to services
Cable TV.

Source: A Tarde - Online

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

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