The Consumer Defense Commission (Codeco) approved by majority the opinion handed down to the Bill No. 3340/2022-CR, which proposes to modify the Law for the Development of the Functions and Powers of the Supervisory Agency for Private Investment in Telecommunications (Osiptel). This with the purpose of strengthening the sanctioning power of the entity in terms of the classification of infractions, levels of fines and coercive fines.
In accordance with the proposal, it seeks to solve that, in the current scheme of fines imposed on telecommunications companies for violations detected by the regulatory body, they would not be appropriate to the evolution of the industry nor would they be sufficiently dissuasive today for the companies.
“The scale of fines established more than a decade ago would be totally outdated and they are appropriate for the purposes they pursue,” the text states.
Likewise, it indicates that under the current regulations, Osiptel is prevented from applying a fine that actually corrects the behavior of companies, since it can only impose the maximum legal limit. This means that the penalty imposed on the telemarketer is lower compared to the avoided costs that encouraged the commission of the administrative crime.
So, p.proposes that the fines classified as mild pass their maximum limit of 50 to 100 UIT, the serious from 150 to 500 UIT, and the very serious from 350 to 1,000 UIT.
Osiptel support
During his participation in Codeco, the president of Osiptel, Rafael Eduardo Muente, pointed out that his institution has “repeatedly asked” Congress to review the current fines imposed by the regulatory body.
“The sanctions imposed by Osiptel do not have a deterrent effect on the actions of the companies and that allows them to act with impunity,” he commented.
In this sense, he maintained that it is necessary to “raise the limits of the sanctions that Osiptel can issue to, at least, 1,000 UIT”, as proposed by this initiative.
Source: Larepublica
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