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Proposal to compensate users for unforeseen internet outage advances

Proposal to compensate users for unforeseen internet outage advances

The Consumer Defense Commission of the Congress of the Republic approved, this March 27, the forecast of Bill 3339, which grants the right to users to receive compensation for interruptions registered in the landline, mobile, internet and pay TV services. By 2022, the operating companies reported more than 470,000 breakdown claims through its different service channels in view of problems with its quality or because it is not operational, according to the Supervisory Agency for Private Investment in Telecommunications (Osiptel).

The initiative aims to compensate customers for the falls registered in their telecommunications services. To this end, Osiptel will be granted legal authorization to regulate, through administrative channels, a compensation scheme in favor of users whose benefits were affected due to these failures for reasons that must be attributable to the operating company, as detailed by the entity. .

“The responsibility of the operating company before the interruptions It will be evaluated in the inspections carried out by the regulator to verify compliance with the obligation to compensate, there they will be able to provide evidence in the means of exculpation of responsibility because it was a fortuitous event, made by a third party or by the user himself, if applicable,” said the president of the commission, Elías Varas Meléndez, during the session.

It should be noted that, currently, these companies are obliged to make a proportional refund of the fixed charge for the time that the service was suspended; however, this does not compensate for the affectation of the client by not having it.

AFIN: Measure violates concession contracts and users

For its part, the Association for the Promotion of National Infrastructure (AFIN) expressed in a statement that the legislative initiative would harm concession contracts by seeking to regulate an issue that is already present in the agreements: compensation, which they consider overregulation. In addition, they pointed out that it will affect users who do not have internet, since it discourages private investment.

“It is important to highlight that in the interior of the country there are frequent power outages (…), which also affects the telecommunications service. About 50% of interruptions to telecommunications services are caused by these interruptions and, unfortunately, the electrical supplies of the telecommunications infrastructures do not have any prioritization despite supporting public services”, they maintain.

Data:

  • According to Osiptel, the compensatory formula is applied in United Kingdom, Spain, Costa Rica, Argentina and Chileamong other countries.
  • Today, this figure is provided for in the Electric Concessions Law, which establishes that customers of the public electricity distribution service have the right to receive compensation when the service presents interruptions, rationing or when quality standards are not met. normatively provided.

Source: Larepublica

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