REGULATIONS TO THE ORGANIC TELECOMMUNICATIONS LAW ON THE UNIVERSAL TELECOMMUNICATIONS SERVICE AND ITS FUND

 

Presidential Decree No. 4.429 of February 1, 2021 was published in Official Gazette No. 42.059 of the same date. Through said Decree, the Regulations to the Organic Telecommunications Law on the Universal Telecommunications Service and its Fund were issued (the “Regulations”).

The purpose of the Regulations is to regulate the allocation and subsidy of the necessary infrastructure for performance and control of the Universal Telecommunications Service obligations (the “Service”) established for the provision of telecommunications services in reasonable economic conditions, with minimum standards of quality, penetration and access to the services, in order to further the Nation’s social and economic development through telecommunications, ensuring the enjoyment of the benefits for the end user, regardless of the geographical zones, promoting national integration, maximization of access to information, development of educational and health services, and reduction of inequalities in the access to telecommunications services by the population.

Likewise, the Regulations rule the structure, administration, and control of the Universal Telecommunications Service Fund (the “Fund”), such being understood as the defined group of telecommunications services that the operators are bound to provide to the users in order to offer them minimum standards of penetration, access, quality, and economic affordability regardless of the geographical location.

The Regulations also provide for the matters relating to the subsidy granted by the National Telecommunications Commission (the “Commission”) for the performance of the obligations of the Service; the allocation of obligations of the Service; the selection processes for the allocation of obligations of the Service, and the Fund, among other aspects.

The matters not prescribed in the Regulations will be governed by the provisions of the Organic Telecommunications Law, the regulations to the same, other applicable rules, the Guide of Requirements and Conditions for presentation of projects, the resolutions and the contracts entered into with the purpose of performing the obligations of the Service.

A Temporary Provision establishes that during the first year of effectiveness of the Regulations, the Commission will allocate the obligations as per the projects already drawn up and will publish a List of the Geographical Areas and Services subject to obligations of the Service for purposes of the receipt of Service Projects from the operators.

The Regulations repeal the Regulations to the Organic Telecommunications Law on the Universal Telecommunications Service published in Official Gazette No. 5.375 Extraordinary of November 11, 2004.

The Regulation became effective upon its publication in the Official Gazette.

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