Clipping of news on Brazilian Culture, Law and Citizenship
04/02/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The National Telecommunications Agency (Anatel) reports that, by resolution held today, has complied with the judgment given by the Federal Regional Court of the 2nd Region, to consider an application for adjustment of tariffs for fixed-mobile calls made by Telemar Norte Leste S / A, according to the rules applicable prior to the publication of Resolution No. 576/2011.
In its decision, the FCC dismissed the application for rate adjustment of Telemar, considering that the calculations presented by that utility did not take into account the damping factor provided in clause 12.1 of the concession contract. This clause was the rule applied by analogy to adjustments of fixed-mobile before the validity of Resolution No. 576/2011, and its failure leads to the rejection of the application for adjustment.
Still in effect to that decision, the FCC partially suspended the Act No. 486/2012 of the Executive Council Act No. 1.055/2012 and the Superintendent of Private Services, in order to restore the rates of fixed-mobile previously set by the Agency only in relation to Telemar Norte Leste S / A, and restoring the values of interconnection (VU-M) previously agreed by that utility (Telemar) and approved by the FCC. In practice, consumers of Telemar (the concession area covers RJ, ES, MG, BA, SE, AL, PE, PB, RN, CE, PI, MA, PA, AP, AM and RR) no longer afforded the reduction tariffs promoted by Anatel through Act No. 486/2012, while the candidate effects judgment given by the Federal Regional Court of the 2nd Region.
The FCC, through the Attorney General of the Union (AGU), appealed to the Superior Court of Justice (STJ) in order to maintain the tariff reduction undertaken by Act No. 486/2012. The Agency awaits new positioning of the Judiciary.
Source: ANATEL
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This article was translated by an automatic translation system, and was therefore not reviewed by people.