MCTIC sustains cut of defaulters by operators
The Ministry of Science, Technology, Innovations and Communications is in line with the interpretation of telecommunications operators and supports the cut of defaulters, even though they are considered essential, telecom and internet are not protected from cutting connections in the event of non-payment.
“The declaration of telecommunications and Internet services as essential activities is only intended to ensure their execution in view of the eventual adoption of the restrictive measures provided for in Law no. 13,979 / 20 ”, says the folder, in an official note.
According to the Brazilian Bar Association, on the contrary, the declaration of essentiality would make telecom and internet fall within the rule provided for in article 22 of the Consumer Protection Code, which provides that “public agencies, by themselves or their companies, concessionaires, permissionaires or under any other form of undertaking, they are obliged to provide adequate, efficient, safe and, as far as essential, continuous services ”.
For MCTIC, however, reading should not prevail. “Under the terms of the General Telecommunications Law (Law No. 9,472, of July 16, 1997), the rules on suspension and cancellation of services due to consumer default remain subject to the rules established by the National Telecommunications Agency – Anatel and, in particular, the provisions of the General Regulation on Consumer Rights of Telecommunications Services – RGC, approved by Resolution no. 632, of March 7, 2014. ”
It also recalls the portfolio that the companies promised to adopt measures that facilitate the remote payment of invoices. “Finally, it should be noted that, by means of a Term of Commitment signed with Anatel, the main companies in the telecommunications sector have committed themselves to“ adjust the mechanisms for payment of invoices, enabling alternative means for the population, even in isolation continue to use telecommunications services. Special attention will be given to consumers who use prepaid credits ”.
Source: [Digital Convergence]