The Supervisory Agency for Private Investment in Telecommunications (Osiptel) confirmed the fine for S/63,360 to Telefónica del Perú for not having implemented suitable mechanisms that allow subscribers or users to access the file associated with their claim in digital format. This happened after declaring unfounded the appeal that the company presented to a previous resolution of the regulatory entity.
The Resolution of the Board of Directors No. 00232-2023-CD/OSIPTEL, published this Sunday, August 20 in El Peruano, points out that, in the appeal, Telefónica considered that in the first instance the principle of predictability had been violated, since it did not consider Resolution No. 15-2018-CD/OSIPTEL.
In response Osiptel affirms that it considers that the first Instance valued the actions carried out by said operating company. Thus, in accordance with the calculation methodology for the determination of fines in administrative sanctioning procedures, the first instance applied the liability mitigation related to the cessation of the infringing conduct and reduced the fine by 20%; consequently, it penalized said company with 12.8 UIT.
The institution also highlights that non-compliance with article 11 of the Claims Regulation affects the right to information of subscribers or users, which means that they incur additional costs by having to go to the service center to find out the status of the file. associated with your claim.
“Notwithstanding the foregoing, this collegiate advises that, although TELEFÓNICA, through its appeal, requested the annulment of the contested resolution, it is appropriate to indicate that the operating company does not invoke any of the grounds contemplated in article 10 of the TUO of the LPAG nor does it support the grounds that support your request,” argues the rule.
Finally, the decision establishes that this determination exhausts the administrative route and that no recourse is appropriate in this instance.
Source: Larepublica
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