Page 1

THIRD SUPPLEMENT

Year II - No. 439
Quito, Wednesday 18
February 2015
Value: US $ 1.25 + VAT

ING. HUGO DEL POZO BARREZUETA
DIRECTOR
Quito: October 12 Avenue
N23-99 and Wilson
October 12 Building
Second floor
Tel. 2901 - 629
Headquarters and sales:
Tel. 2234 - 540
Distribution (Warehouse):
Mañosca No. 201 and Av. 10 de Agosto
Tel. 2430 - 110

ORGANIC LAW
FROM

Guayaquil Branch:
Malecón No. 1606 and Av. 10 de Agosto
Tel. 2527 - 107

TELECOMMUNICATIONS

Semi-annual subscription: US $ 200 + VAT
for the city of Quito
US $ 225 + VAT for the rest of the country
Printed in Editora Nacional
40 pages
www.registroficial.gob.ec
At the service of the country
since July 1, 1895

Page 2

2 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015

REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY

Official Letter No. SAN-2015-0263
Quito, February 12, 2015

Engineer
Hugo Del Pozo Barrezueta
Director of the Official Registry
At his office

My considerations:
The National Assembly, in accordance with the powers conferred on it by the Constitution of the Republic of Ecuador and the
Organic Law of the Legislative Function, discussed and approved the PROJECT OF ORGANIC LAW OF
TELECOMMUNICATIONS.
In sessions of February 3 and 10, 2015, the Plenary of the National Assembly heard and ruled on the partial objection
presented by the Constitutional President of the Republic.
For the exposed; and, as provided in article 138 of the Constitution of the Republic of Ecuador and article 64 of the Law
Organic Law of the Legislative Function, I accompany the text of the ORGANIC LAW OF TELECOMMUNICATIONS, so that
serve to publish it in the Official Registry.

Sincerely,

f.) DR. LIBIA RIVAS ORDOÑEZ
General Secretary

REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY

CERTIFICATION

In my capacity as Secretary General of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and
approved the "PROJECT OF ORGANIC TELECOMMUNICATIONS LAW", in first debate on November 6 and 11
from 2014; in second debate on December 17, 2014 and ruled on the partial objection of the Constitutional President
of the Republic on February 03 and 10, 2015.
Quito, February 12, 2015

f.) DR. LIBIA RIVAS ORDOÑEZ
General Secretary

Page 3

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 3
in which the State will always have the majority shareholding,
for participation in the management of the sectors
strategic and the provision of public services;

NATIONAL ASSEMBLY

THE FULL
That, in accordance with article 316 of the Constitution of
the Republic, the State may delegate participation in
strategic sectors and public services to companies
mixed in which it has a majority shareholding. The
delegation will be subject to the national interest and respect the
deadlines and limits set by law for each sector
strategically, and exceptionally, may delegate to the
private initiative and the popular and solidarity economy, the
exercise of these activities, in the cases established
the law;

CONSIDERING
That, Article 261 of the Constitution of the Republic,
determines that the central State will have competences
exclusive on:… “ 10. The radioelectric spectrum and the
general communications and telecommunications regime;
ports and airports. ”;
That, in accordance with article 313 of the Constitution,
consider energy as strategic sectors in all its
ways, telecommunications, natural resources do not
renewables, transportation and refining of hydrocarbons,
biodiversity and genetic heritage, the spectrum
radioelectric, water, and others determined by law,
reserving to the State, the right to administer, regulate,
control and manage strategic sectors;

That, through Resolution No. 1 of the Court
Constitutional, published in the Official Registry
Supplement 629 of January 30, 2012, the
Articles 315 and 316 distinguishing management from
administration, regulation and control by the State and
determining the role of delegate public companies
of public services;
That, article 84 of the Constitution of the Republic
determines that the National Assembly and any body with
normative power will have the obligation to adapt, formal
and materially, the laws and other legal norms to which
rights provided in the Constitution and treaties
international and those that are necessary to guarantee the
dignity of the human being or of communities, peoples and
nationalities. In no case, the reform of the
Constitution, laws, other legal norms or acts
of the public power will violate the rights that
recognizes the Constitution;

That, the Constitution of the Republic in its article 408,
determines that the radio spectrum is a resource
natural property of inalienable, imprescriptible and
unattachable from the State;
That, according to article 314 of the Constitution of the
Republic, the State will be responsible for the provision of
public services, among others, that of
telecommunications and will provide that prices and rates
of these public services are equitable, establishing
its control and regulation;

That, the THIRD Transitory Provision of the
Constitution of the Republic determines that
superintendencies
existing
will continue
functioning until the legislative body issues the
corresponding laws;

That, the Constitution of the Republic in its article 16,
enshrines the right of all people in the form
individual or collective access under equal conditions
to the use of the frequencies of the radioelectric spectrum for
management of public radio and television stations,
private and community, and free bands for the
operation of wireless networks;

on

That article 133, numeral 2 of the Constitution of the
Republic, establishes that they will have the category of laws
organic those that regulate the exercise of rights
and constitutional guarantees; Y,

That, as enshrined in article 17 of the same
Magna Carta, the State will promote plurality and
diversity in communication, and to that end, it will guarantee
allocation, through transparent methods and in
level playing field, spectrum frequencies
radioelectric, for the management of radio stations and
public, private and community television, as well as the
access to free bands for network exploitation
wireless, and will ensure that in its use
the collective interest prevails;

In exercise of the powers conferred by numeral 6
of Article 120 of the Constitution, issues the following:

ORGANIC LAW OF TELECOMMUNICATIONS

TITLE I
GENERAL DISPOSITION

That, article 315 of the Constitution of the Republic
provides that the State shall establish public companies for the
management of strategic sectors, provision of services
public, the sustainable use of resources
natural or public goods and the development of other
economic activities and that public companies
will be under the specific regulation and control of the
relevant bodies, in accordance with the law,
establishing for this purpose that the law will define the
participation of public companies in joint ventures

CHAPTER I
Preliminary Considerations
Article 1.- Purpose.
The purpose of this Law is to develop the general regime of
telecommunications and radio spectrum as
strategic sectors of the State that comprise the

Page 4

4 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
powers of administration, regulation, control and management
throughout the national territory, under the principles and
constitutionally established rights.

competition in the corresponding markets in the
telecommunications sector, so that
tends to reduce rates and improve the
quality in the provision of services
telecommunications.

Article 2.- Scope.

9. Establish the ideal conditions to guarantee the
citizens the right to access public services
telecommunications of optimal quality, with prices
and fair rates and to choose them freely as well as
to accurate and non-misleading information about your
content and features.

This Law will apply to all activities of
establishment, installation and operation of networks, use and
exploitation of the radioelectric spectrum,
telecommunications and all those natural persons or
legal entities that carry out such activities in order to guarantee
compliance with the rights and duties of
service providers and users.

10. Establish the scope of quality control and
defense procedures for service users
telecommunications, sanctions for
violation of these rights, reparation and
compensation for deficiencies, damages or poor quality
of the services and for the interruption of the services
public telecommunications that is not caused
due to unforeseeable circumstances or force majeure.

The networks and infrastructure used for the provision of
sound and television broadcasting services and networks and
infrastructure of audio and video systems by
subscription, are subject to the provisions of this
Law.
It does not correspond to the object and scope of this Law,
content regulation.

11. Secure allocation through methods
transparent and under equal conditions of
frequencies of the radioelectric spectrum that are allocated
for the management of radio and television stations,
public, private and community as well as access to
free bands for network exploitation
wireless, taking care that in its use
the collective interest prevails and under the principles and
rules governing equitable spectrum distribution
radioelectric.

Article 3.- Objectives.
The objectives of this Law are:
1. Promote the development and strengthening of the
telecommunications.
2. Encourage national and international public investment
or private for the development of telecommunications.

12. Promote and supervise the effective and efficient use of
radio spectrum and other limited resources or
scarce telecommunications and guarantee
adequate management and administration of such resources,
without allowing oligopoly or direct monopoly or
indirect use of frequencies and hoarding.

3. Encourage the development of the product industry and
Telecommunications services.
4. Promote and encourage network convergence,
services and equipment.
5. Promote the deployment of networks and infrastructure
telecommunications, including audio and video over
subscription and the like, in compliance with
technical standards, national policies and regulation of
national scope, related to the ordering of
networks, burial and mimicry.

13. Promote technological neutrality and neutrality of
net.
14. Guarantee that people's rights,
especially those that constitute groups of
priority attention, are respected and satisfied in the
scope of this Law.

6. Promote that the country has networks of
high speed and capacity telecommunications,
distributed in the national territory, which allow the
population among other services, access to the
Bandwidth Internet.

15. Facilitate access for users with disabilities to
telecommunications services, the use of equipment
terminals and exemptions and tariff benefits
that are determined in the Legal System
Current.

7. Establish the legal framework for the provision of
public telecommunications services such as
responsibility of the Central State, subject to the
constitutionally established principles and
indicated in this Law and applicable regulations, as well
how to establish the mechanisms of delegation of
strategic telecommunications and spectrum sectors
radioelectric.

16. Simplify procedures for the granting of
qualifying degrees and activities related to their
administration and management.
17. Establish coordination mechanisms with
State agencies and entities to address issues
related to the field of telecommunications
in terms of State security, emergencies and
delivery of information for judicial investigations,
within due process.

8. Establish the legal framework for the issuance of regulation
ex ante, that allows to contribute in the promotion,
promotion and preservation of the conditions of

Page 5

Third Supplement - Official Gazette No. 439 - Wednesday February 18, 2015 - 5
Article 4.- Principles.

Non-ionizing radiation.- For the purposes of applying the
present Law, it will be understood as the radiation generated by
use of frequencies of the radioelectric spectrum that is not
capable of directly imparting energy to a molecule or
even to an atom, so that it can remove electrons
or break chemical bonds.

The administration, regulation, control and management of
strategic telecommunications and spectrum sectors
radio will be carried out in accordance with the
principles of environmental sustainability, precaution,
prevention and efficiency.

Broadcasting.- Service whose broadcasts are intended to be
received directly by the general public,
including sound, television or other broadcasts
gender.

The provision of public services of
telecommunications will respond to the principles
constitutional
from mandatory,
generality,
uniformity, efficiency, responsibility, universality,
accessibility, regularity, continuity and quality as well as
to the principles of solidarity, non-discrimination,
privacy, universal access, transparency, objectivity,
proportionality, priority use to promote and promote
the information and knowledge society,
innovation, fair prices and rates geared towards
costs, efficient use of infrastructure and resources
scarce, technological neutrality, net neutrality and
convergence.

Audio and video subscription system.- Service of
subscription, which transmits and eventually receives signals
image, sound, multimedia and data intended
exclusively to a particular audience of subscribers.
The technical terms used in this Law are not defined,
shall have the meaning adopted by the International Union
of Telecommunications (ITU), by the conventions and treaties
ratified by Ecuador, or failing that, to
what is established in the General Regulations to this Law
and in the respective regulations.

Article 5.- Definition of telecommunications.
Telecommunications is understood to be any transmission,
emission or reception of signs, signals, texts, video,
images, sounds or information of any
nature, by wired, optical or
wireless, invented or to be invented. The present
definition is not exhaustive, consequently,
will be included in it, any means,
modality or type of transmission derived from the innovation
technological.

CHAPTER II
Competencies
Article 7.- Powers of the Central Government.
The State, through the Central Government, has
exclusive powers over the radio spectrum and
the general telecommunications regime. It has the
right to administer, regulate and control the sectors
telecommunications and spectrum strategies
radio, which includes the power to broadcast
public policies, plans and national technical standards,
compliance at all levels of government of the State.

Article 6.- Other Definitions.
For the purposes of this Law, the following shall apply
definitions:
Radioelectric spectrum.Set of waves
electromagnetic waves that propagate through space without
need for artificial guide used for the provision of
telecommunications services, sound broadcasting and
television, security, defense, emergencies, transportation and
scientific research, among others. Its use
will respond to the principles and provisions
constitutional.

Management, understood as the provision of the service
public telecommunications will be carried out in accordance with
the constitutional provisions and the provisions of the
present Law.
It has exclusive and exclusive competence to determine
and collect the values ​that for the use of the spectrum
radioelectric or rights by concession or assignment
correspond.

Station.- One or more transmitters or receivers or a
combination of transmitters and receivers, including
accessory facilities, necessary for the operation of a
service linked to the use of radio spectrum.

Article 8.- Provision of services in the State of
Exception.

Essential Frequencies.Frequencies intimately
linked to the systems and networks involved in the
provision of a service, used for the access of the
users to the service, by means of terminal equipment.

In case of aggression; international armed conflict or
internal; serious internal commotion, public calamity; or
natural disaster or national, regional or local emergency,
when the Executive Decree of the State of Exception that
issued by the President of the Republic, involves
the need to use the services of
telecommunications, providers that operate networks
telecommunications companies have the obligation to
allow direct and immediate control by the entity
rector of national defense, the services of
telecommunications in the affected area. Said control
will cease when the declaration of State of

Non-essential frequencies.- Frequencies linked to
telecommunications systems and networks not considered
as essential frequencies.
Homologation.- It is the process by which a team
terminal of a class, make and model is subjected to
technical verification to determine if it is suitable for
operate on a specific telecommunications network.

Page 6

6 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
Exception as provided in article 166 of the
Constitution of the Republic of Ecuador and the Decree of
Exception status.

The decentralized autonomous governments, in their
local regulations will observe and comply with the
technical standards issued by the Regulatory Agency and
Control of Telecommunications as well as policies
issued by the Rector Ministry of Telecommunications and
of the Information Society, favoring the
deployment of networks.

The Central Government through the Regulatory Agency
and Telecommunications Control, will regulate the scope,
rights, obligations, payment of the fair value of the service
used as well as the procedure to be implemented
through the corresponding protocol.

According to their use the networks of
telecommunications are classified as:

Within the obligations of service providers
telecommunications, broadcasting and television and
subscription video and audio systems includes
dissemination of alerts arranged by the competent authority,
that their services allow it, for security cases
national or natural disasters as well as other actions
and obligations that are established within said scope.

a) Public Telecommunications Networks
b) Private Telecommunications Networks
Article 10.- Public telecommunications networks.
Any network on which the provision of a service depends
public telecommunications; or used for
support services to third parties will be considered a network
public and will be accessible to service providers
telecommunications that require it, under the terms and
conditions established in this Law, its regulations
general application and regulations issued by the Agency for
Regulation and Control of Telecommunications.

TITLE II
NETWORKS AND SERVICE PROVISION
OF TELECOMMUNICATIONS

CHAPTER I
Establishment and operation of networks

Public telecommunications networks will tend to
open network design, this is without protocols or
proprietary type specifications so that
allow interconnection, access and connection and comply with
fundamental technical plans. Public networks
may support the provision of various services, provided
that have the respective enabling title.

Article 9.- Telecommunications networks.
Telecommunications networks are understood to be systems
and other resources that allow the transmission, emission and
reception of voice, video, data or any type of signals,
through physical or wireless means, regardless
of the content or information provided.

Article 11.- Establishment and operation of networks
public telecommunications.

The establishment or deployment of a network includes the
construction, installation and integration of the elements
assets and liabilities and all activities until the
itself becomes operational.

The establishment or installation and operation of networks
public telecommunications requires obtaining
of the corresponding enabling title granted by the
Agency for the Regulation and Control of
Telecommunications

In the deployment of networks and infrastructure
telecommunications, including audio and video over
subscription and similar, service providers
telecommunications will strictly comply with the
technical standards and national policies, which are issued to
The effect.
In the case of physical networks, the deployment and laying will be done
through underground pipelines and chambers in accordance with the
policy for ordering and burying networks that
issued by the Rector Ministry of Telecommunications and
the society of the information.
The central government or autonomous governments
decentralized entities will be able to execute the necessary works to
that telecommunications networks and infrastructure are
deployed in an orderly and buried way, for which the
Rector Ministry of Telecommunications and
Information Society will establish the policy and
national technical regulations for setting rates or
Considerations to be paid by the providers of
services for the use of said infrastructure.

Operators of public telecommunications networks
must comply with the fundamental technical plans,
technical standards and related specific regulations
with the implementation of the network and its operation, in order to
guarantee its interoperability with other public networks
telecommunications.
The Agency for the Regulation and Control of
Telecommunications will regulate the establishment and
exploitation of public telecommunications networks.
It is a faculty of the Central State, through the Ministry
rector of Telecommunications and the Society of the
Information and the Agency for the Regulation and Control of
Telecommunications, within the scope of their respective
competencies, establishing policies, requirements, standards
and conditions for the deployment of infrastructure
wired and wireless telecommunications level
national. Based on this power of the central government
regarding the deployment of infrastructure
telecommunications,
the
governments
autonomous
decentralized companies must comply with the

In the case of wireless networks, the
policies and standards of precaution or prevention, as well as
those of mimicry and reduction of visual contamination.

Page 7

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 7
the policies, requirements, deadlines, rules and conditions for
the deployment of wired and wireless infrastructure of
telecommunications nationwide, to be broadcast.

to. For mixed economy companies in which the
State has the majority shareholding, the granting of
enabling titles for the use or exploitation of the
radio spectrum or for the provision of services
public telecommunications, will be subject to the interest
national and will respect the deadlines and limits set in this
Law and in the regulations issued by the
Agency for the Regulation and Control of
Telecommunications

Regarding the payment of fees and considerations that for
this concept corresponds to set the autonomous governments
cantonal or district decentralized, in exercise of their
power to regulate the use and management of land and
airspace will be compulsorily subject to the
policy and technical regulations issued for this purpose by the
Rector Ministry of Telecommunications and
Society of Information.

b. In the case of state-owned public companies
of the countries that are part of the community
international, the delegation for the use or exploitation
of the radioelectric spectrum or for the provision of
public telecommunications services, you may
be done directly. In all cases, the
delegation will be subject to the national interest and respect
the terms and limits set in this Law and in the
regulations issued for this purpose by the Agency for
Regulation and Control of Telecommunications.

Article 12.- Convergence.
The State will promote the establishment and exploitation of
networks and the provision of telecommunications services
that promote the convergence of services,
in accordance with the public interest and the provisions of the
present Law and its regulations. The Regulatory Agency
and Telecommunications Control will issue regulations
and standards that allow the provision of various services
over the same network and effectively promote
convergence of services and favor the development
technology of the country, under the principle of neutrality
technological.

c. For the private initiative and the popular economy and
solidarity, qualifying titles will be granted for the
provision of public telecommunications services
and for the use of the radioelectric spectrum associated with
said provision, in the following cases:

Article 13.- Private telecommunications networks.

1. When necessary and appropriate to satisfy the
public, collective or general interest;

Private networks are those used by people
natural or legal benefits for their exclusive benefit, with the
purpose of connecting different facilities of your
owned or controlled. Its operation requires a
registration made with the Agency for Regulation and Control
of Telecommunications and in case of requiring the use of
frequencies of the radioelectric spectrum, of the title
respective enabling.

2. When the demand for the service cannot be
covered by public or mixed companies in which
the State has a majority shareholding;
3. When the State does not have the technical capacity or
economic;

Private networks are intended to meet the needs of
the owner's own needs, which excludes the
provision of these services to third parties. The connection of
private networks will be subject to the regulations issued for
such an end.

4. When telecommunications services are
are providing competitively for
Business
public
Y
telecommunications;

private

from

5. When necessary to promote
competition in a certain market; Y,

The Agency for the Regulation and Control of
Telecommunications will regulate the establishment and use of
private telecommunications networks.

6. To guarantee the right of users to
provide
from
services
public
telecommunications of the highest quality at prices and
fair rates.

CHAPTER II
Provision of telecommunications services
Article 14.- Forms of Management.

from

The concurrence of causes is not required for the
delegation.

Subject to the provisions of the Constitution of the
Republic, public telecommunications services
are provided directly by the State, through
public telecommunications companies or indirectly to
through delegation to mixed economy companies in the
which the State has the majority shareholder or the
private initiative and the popular and solidarity economy.

The granting of qualifying titles and their renewal
for broadcasting services, will be subject to the provisions
in the Organic Law of Communication.
Article 16.- Telecommunications Reserved to the
National security.

Article 15.- Delegation.
To carry out telecommunications activities
necessary for the security and defense of the State,
will reserve frequencies of the radioelectric spectrum according to
of the National Frequency Plan, whose competence

The Agency for the Regulation and Control of
Telecommunications, to grant qualifying titles for
delegation, consider the following:

Page 8

8 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
corresponds to the Agency for the Regulation and Control of
Telecommunications; the use, management and administration of
These frequencies will correspond to the organs and entities
competent in matters of Security and Defense. Not
However, in such cases, the Agency for Regulation and
Control of Telecommunications will exercise the powers
of regulation and control established in this Law.

in accordance with the provisions of the Organic Law of
Communication, its General Regulations and regulations
issued by the Agency for the Regulation and Control of
Telecommunications
Article 20.- Obligations and Limitations.
The Agency for the Regulation and Control of
Telecommunications, will determine the obligations
specific to guarantee the quality and expansion of
telecommunications services as well as their provision in
preferential conditions to guarantee access
egalitarian law or establish the limitations required for
satisfaction of the public interest, all of which will be
mandatory compliance.

Article 17.- Internal communications.
Obtaining a qualifying certificate will not be required for the
establishment and use of networks or facilities intended to
facilitate internal intercommunication in buildings or
urbanizations, public or private, residential or
commercial, provided that:
1. No telecommunications services are provided to
third parties;

Public companies that provide services of
telecommunications and natural or legal persons
delegates to provide such services, must comply
the obligations established in this Law, its regulations
general and the standards issued by the Agency for
Regulation and Control of Telecommunications for
guarantee quality, continuity, efficiency, prices and
fair rates and efficiency of public services.

2. Other telecommunications networks are not affected,
public or private;
3. The provision of services of
telecommunications; or,
4. Do not use and exploit the radio spectrum.
However, such installation and use by people
natural or legal will be subject to this Law and
applicable regulations and, in the case of the commission
of infractions, the sanctions will be imposed
place.

TITLE III
RIGHTS AND OBLIGATIONS

CHAPTER I
Subscribers, customers and users

Article 18.- Use and Exploitation of the Spectrum
Radioelectric.

Article 21.- Definition and type of users.

The radioelectric spectrum constitutes a property of the domain
public and a limited resource of the State, inalienable,
imprescriptible and unattachable. Its use and exploitation
requires the prior granting of an enabling title
issued by the Agency for the Regulation and Control of
Telecommunications, in accordance with the provisions of
this Law, its General Regulations and regulations that
issued by the Agency for the Regulation and Control of
Telecommunications

User is any natural or legal person who is a consumer of
Telecommunications services. The user who has
signed an adhesion contract with the provider of
Telecommunications services, is called subscriber or
subscriber and the user who has negotiated the clauses
with the Provider it is called Client.
In the negotiation of the clauses with the clients,
will affect any of the rights of users in
In general, terms may not be included in detriment of the
economic conditions of users in general.

Frequency bands for assignment to stations
radio broadcasting and television public, private and
community, will observe the provisions of the Organic Law of
Communication and its General Regulations.

Article 22.- Rights of subscribers, clients and
users.

Article 19.- Domiciliation.

Subscribers, customers and users of services of
telecommunications shall have the right:

Enabling titles may be granted for the provision of
telecommunications services, use or exploitation of
radio spectrum and establishment and operation of
telecommunications networks to natural persons
residents or legal entities domiciled in Ecuador that
comply with technical, economic and legal requirements
indicated in this Law, its general regulations of application
and in the Regulation to Grant Qualifying Titles that
issued by the Agency for the Regulation and Control of
Telecommunications

1. To arrange and receive the services of
telecommunications contracted continuously,
regular, efficient, with quality and effectiveness.
2. To freely choose the service provider, the plan
service, as well as the method of contracting and
the terminal equipment in which you will receive the services
hired.

The qualifying titles for the use of frequencies of the
radio spectrum for broadcasting services and
subscription audio and video systems will be awarded

3. To the secrecy and inviolability of the content of its
communications, with the exceptions provided in the
Law.

Page 9

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 9
4. To the privacy and protection of your personal data,
by the provider with whom you contract services,
subject to the current legal system.

15. To the portability of the number and to keep your number
in the case of Telecommunications Services that
use a numerical resource, in accordance with
established in this Law and in the regulations
applicable.

5. To obtain accurate, free and non-misleading information
on the characteristics of the services and their rates.
Information will also be provided in the language of
subscriber predominant intercultural relationship,
customer or user, in accordance with regulations
for this purpose issued by the Regulatory Agency and
Telecommunications Control.

16. To be received annually, free of charge and in between
electronic, an up-to-date subscriber directory of the
fixed telephone service, electronic, issued by the
provider of the contracted service. All subscribers
will have the right to appear in said guides and to a
free national information service about your
contents. Likewise, subscribers will have the right to
have your personal data excluded free of charge, from
said guides.

6. To have free call services from
emergency, information on plans, rates and prices,
balances and other information services established by the
Agency for the Regulation and Control of
Telecommunications

17. To be provided adequate and timely
protection by the competent bodies,
against legal, contractual or
regulations committed by the providers of
telecommunications services or by any other
person who violates the rights established in this
Law and applicable regulations.

7. To obtain, in units of seconds, the measurement of the
contracted service, in the case of services of
telephony in all its modalities.
8. A correct, timely, clear and accurate billing and appraisal
accurate, in accordance with applicable standards; It is not
no rounding method allowed. Delivery
of invoices or account statements may be made to
address or electronically, at the subscriber's choice,
customer or subscriber.

10. To have your provider inform you in a timely manner about the
interruption, suspension or breakdowns of services
contracted and their causes.

18. To access any application or service allowed
available on the internet network. Providers do not
may limit, block, interfere, discriminate,
hinder or restrict the rights of its users or
subscribers to use, send, receive or offer any
content, application, development or legal service to
through the internet or in general from their networks or other
information and communication technologies, nor
may limit the right of a user or subscriber to
incorporate or use any kind of instruments,
devices or appliances on the network, provided they are
legal. Exceptions are those cases in which the
client, subscriber or user previously request your
express decision to limit or block
content, applications, developments or services
available, or by provision of authority
competent. Providers can implement the
technical actions that they consider necessary for the
adequate network administration in the exclusive
scope of activities that were enabled,
for the purpose of guaranteeing the service.

11. To obtain from your provider the compensation for the
services contracted and not received, due to deficiencies
in the same or the refund of values ​unduly
collected.

19. To maintain the conditions for the provision of
the contracted services; unilateral changes in
contracts for the provision of services,
they will be considered null and will have no value.

The delivery of invoices or account statements through
internet, email or any other medium
digital or electronic will have no cost and will proceed
only after express and written acceptance of the
subscriber, customer or subscriber, in which, the same
state your approval to replace the delivery
physical of your invoice.
9. To pay fees in accordance with regulations
corresponding and contracted plans, if the
case.

12. That the contracting of services respect the
constitutional, legal and regulatory rights of
subscribers, customers and users, in accordance with the
general conditions or, if applicable, models that
approve and publish the Regulatory Agency and
Telecommunications Control.

20. To unilaterally terminate the adhesion contract
subscribed with the service provider in any
time, prior notice, with at least fifteen
(15) days in advance, in accordance with the provisions of the
Organic Law of Consumer Defense and without
for this, it is obliged to cancel fines or surcharges of
securities of any nature, except outstanding balances
for services or goods requested and received.

13. Attention and timely resolution of requests and
claims related to the provision of
services contracted in accordance with the
applicable regulations.

21. To report to the competent authorities the
breaches or violations of your rights by
part of the providers.

14. To require the providers of the contracted services,
compliance with quality parameters
applicable.

22. To the accumulation and use of balances in the
provision of Telecommunications Services,

Page 10

10 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
regardless of the modalities of
contracting, in accordance with the regulations that
For this purpose, the Regulatory Agency and
Telecommunications Control.

8. Do not make calls or send messages for the purpose of
direct, commercial, advertising or proselytizing sales, which
have not previously been accepted by the
addressee.

23. To have information on health hazards that
may be generated as a result of the installation
and network operation.

9. Others that appear in the legal system
current or established by the Agency for
Regulation and Control of Telecommunications.

24. Not to receive mass or individual messages or
calls for direct sales purposes, commercial,
advertising or proselytizing, which have not been prior and
expressly authorized by the customer, subscriber or
Username.

The obligations established in this article are
extensive to subscribers, customers and users of audio and
subscription video, where applicable.

CHAPTER II
In application of the principles of progressivity and not
regressivity, new rights may be established in favor of
of users and subscribers or regulate the application of
established in this Law, without impairing them or
decrease them.

Article 24.- Obligations of the providers of
Telecommunications services.

The rights of the subscribers and users indicated do not
exclude others that are established in the ordinance
current legal.

They are the duties of the service providers of
telecommunications, regardless of title
enabling agent from which such character derives, the following:

These rights are extended to subscribers, customers and
users of subscription video and audio systems,
as applicable.

1. Guarantee equal and non-discriminatory access to
anyone who requires their services.

Telecommunications Service Providers

2. Provide the service in a mandatory, general,
uniform, efficient, continuous, regular, accessible and
responsible, complying with the regulations dictated by the
Agency for the Regulation and Control of
Telecommunications and what is established in the titles
enablers.

Article 23.- Obligations of subscribers, clients and
users.
Subscribers, customers and users of the services of
telecommunications, are obliged to the following:

3. Comply with and respect this Law, its regulations, the
technical plans, technical standards and other acts
general or particular issued by the Agency of
Regulation and Control of Telecommunications and
Rector Ministry of Telecommunications and
Information Society as well as the provisions of
the qualifying titles.

1. Comply with the terms of the contract for the provision of
services
celebrated
with
the
lender,
regardless of its modality.
2. Adopt the measures suggested by the provider of
services in order to safeguard the integrity of the network and
communications, without prejudice to the
provider responsibilities.

4. Respect the rights of users established in
this Law and in the current legal system.

3. Pay for the services contracted according to the
contract for the provision of services and the provisions of
the current legal system.

5. Comply with tariff regulations.
6. Provide in a clear, precise, true, complete way
and timely all the information required by the
Agency for the Regulation and Control of
Telecommunications
or
the
Ministry
Telecommunications and the Society of the
Information, within the scope of its competences, in the
formats, terms and conditions established by said
authorities.

4. Comply with the registration obligations or
identity record, such as providing your
personal identification data associated with the line
or telephone number, in accordance with the
regulations issued in this regard.
5. Do not make alterations to the equipment that may
cause interference or damage to the networks and services of
telecommunications in general.

7. Provide the facilities required for the exercise of the
control work.

6. Do not use the services contracted to perform
fraud or damages to your provider or to third parties.

8. Guarantee its subscribers, clients and users the
retention of your number in accordance with the
guidelines, terms, conditions and deadlines that to such
effect established by the Regulation and Control Agency
of Telecommunications.

7. Make proper use of emergency services,
respecting the rights of others and order
public.

Page 11

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 11
9. Comply with the obligations of universal access and
service
universal
determined
corresponding qualifying titles.

on

10. Pay your obligations within the established deadlines
economic such as concession values,
authorization, rates, fees, contributions or others that
correspond.
11. Implement access, free of charge, to the
emergency services, determined by the Agency
Regulation and Control of Telecommunications and
additionally in the case of services such
such as advanced mobile service, comply with the
delivery of location-related information
approximate geographic location of a call.
12. Comply with the obligations of interconnection, access
and occupation in accordance with this Law, your
General Regulations and technical standards and
respective provisions.
13. Guarantee the secrecy and inviolability of
communications carried over the networks and
telecommunications services, without prejudice to the
exceptions established in the laws.
14. Adopt the necessary measures for the protection of
the personal data of its users and subscribers, of
in accordance with this Law, its General Regulations and
the respective technical standards and regulations.
15. Adopt measures to guarantee the safety of the
networks.
16. Observe and comply with the policies and regulations on the
of burying, ordering, mimicry of
antennas and in general in aspects related to
the deployment of networks and infrastructure
telecommunications as well as to pay the fees that are
generated by the use of ducts, cameras or other
infrastructure for burial, ordering of
networks and infrastructure or mimicry. Installation
antennas for use by subscribers / clients / users
in the provision of the service, it must be carried out in areas
that cause the least visual impact and may not be
visible on front facades of buildings or
households. In case of non-observance of this
obligation, the Agency for the Regulation and Control of
Telecommunications will provide the providers of
service, relocate said infrastructure at its own cost in the
term that it determines, without prejudice to the application
of the corresponding sanction.
17. Do not limit, block, interfere, discriminate,
hinder, prioritize or restrict the right of their
users or subscribers to use, send, receive or offer
any content, application, development or service
legal over the Internet or in general on their networks or
other information technologies and
communications, nor may they limit the right of a
user or subscriber to incorporate or use any
class of instruments, devices or appliances on the network,
provided they are legal, except for the exceptions
established in current regulations. Excepted

the

those cases in which the client, subscriber or user
previously request your express decision to
limitation or blocking of content, or by provision
competent authority. Providers can
implement the technical actions that consider
necessary for the proper administration of the network in
the exclusive scope of the activities that were
enabled for the purposes of guaranteeing the service.
18. Correctly measure, assess and bill the consumption of
telecommunications services provided by
in accordance with this Law, its General Regulations and
the respective technical standards and regulations.
19. Guarantee the attention and timely resolution of the
claims made by their subscribers or users,
according to the terms established in the regulations or
enabling titles.
20. Inform the Agency for the Regulation and Control of
Telecommunications on essential modifications to
the conditions of the networks, to the conditions of
interconnection, access or occupation and the provision of
services in accordance with the regulations
applicable.
21. Provide the Agency for the Regulation and Control of
Telecommunications when required, the
information regarding regulatory accountingadministrative services, in accordance with the regulations
that is set for the effect. It is forbidden to perform
cross subsidies, except for the exception provided in this
Law for the case of universal service.
22. Implement systems for collection, reuse and
management of technological waste including
disused infrastructures, in accordance with the
corresponding rules and regulations.
23. Comply with the regulations on radiation emission
non-ionizing and safety rules related to the
use of the radioelectric spectrum.
24. Have contingency plans, to execute them in
cases of natural disasters or internal commotion to
ensure continuity of service in accordance with
the respective regulations. Likewise, it will comply with
services required in emergencies, such
such as free calls, provision of services
Auxiliaries for Public and State Security and
any other service determined by the authority
competent in accordance with the Law.
25. Keep the information related to the service
telecommunications services, under the conditions
and for the time provided in the regulations
respective.
26. Implement special plans for people with
disability in compliance with the provisions of the
Organic Law on Disabilities.
27. Provide accurate information, free and not
misleading about the characteristics of the services and their
rates. Information will also be provided in the

Page 12

12 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
language of predominant intercultural relationship
subscriber, customer or user, in accordance with the
regulations issued for this purpose by the Agency for
Regulation and Control of Telecommunications.
28. The other obligations established in this Law, its
General Regulations, technical standards and other acts
general or particular issued by the Agency of
Regulation and Control of Telecommunications and in
the qualifying titles.
The obligations established in this article are

current legal system, in order to contribute through
of the telecommunications sector regulation that for
the effect it emits and its actions, in the promotion, promotion and
preservation of the conditions of competition in
corresponding markets that for the case determine.
Article 27.- Scope of regulation.
The sectorial regulation of telecommunications for the
promotion, promotion and preservation of the conditions of
competence, at least it will be in the fields: technical,

from

economic and access to infrastructure inputs.

extensive to audio and video providers by
subscription, as applicable.

Article 28.- Economic regulation.
Article 25.- Rights of service providers
telecommunications.

Consisting of adopting measures to establish rates or
regulated prices, avoid distortions in the markets
regulated, avoid the reinforcement of market power or
guarantee user access to services
public.

They are the rights of the service providers of
telecommunications, regardless of title
enabling agent from which such character is derived, the following:
1. Receive timely payment from subscribers,
clients and users for the provision of services,
conformity with the respective contract.

Article 29.- Technical regulation.
Consisting of establishing and supervising standards for
ensure compatibility, quality of service and
resolve safety and security issues
environment.

2. Suspend the service provided for non-payment of the
subscribers or customers or illegal use of the qualified service
by competent authority, prior notification to the
subscriber or customer.

Article 30.- Regulation of access.

3. Receive from the Agency for the Regulation and Control of
Telecommunications timely and motivated attention
before your requests.

Consisting of ensuring non-discriminatory access to
necessary inputs, especially infrastructures that are
qualify as essential facilities.

4. To maintain the frequencies that have been
assigned, free of interference.
CHAPTER II
Market regulation

5. Access public information with the limitations
established by law.

Article 31.- Determination of relevant markets.
6. Manage the sale and distribution of its services in
directly or through third parties, through
modalities such as resale,
distribution and any other. In no case, the
provider will no longer be responsible for compliance
of its obligations and will be subject to the regulations
applicable.

The Agency for the Regulation and Control of
Telecommunications, subject to the Regulation of
Markets that for this purpose it approves, will determine the
least every two years the relevant markets related to
telecommunications services or networks, both wholesale
as retailers and the geographic scope, with the purpose
to establish whether these markets are developing in
an environment of effective competition, whose characteristics
may lead to the imposition of providers with
market power of specific obligations in a manner
proportionate and justified.

TITLE IV
EX ANTE SECTORAL REGULATION FOR THE
DEVELOPMENT, PROMOTION AND PRESERVATION OF
THE CONDITIONS OF COMPETITION

The obligations will be maintained, modulated or
will modify as long as the nonexistence of
effective competition or market power, otherwise
will be deleted.

CHAPTER I
Regulation Types
Article 26.- Sectorial regulation.

Article 32.- Imposition of obligations.

The Agency for the Regulation and Control of
Telecommunications, within the scope of its
competencies, you will observe the guidelines for
regulation and applicable principles in accordance with

In the Market Regulations, the conditions
for the imposition, modulation, modification or suppression
of obligations to providers with market power or
preponderant.

Page 13

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 13
Without prejudice to the fact that the Regulation and Control Agency
of Telecommunications, establish another type of
obligations in the Market Regulation, may be
impose on operators with market power or
preponderant and, if applicable, their related companies
as appropriate, among others, the following obligations:

significantly on the market. This capacity is
can achieve individually or in conjunction with
others, when by any means they are able to act
independently regardless of their
competitors, buyers, customers, suppliers,
users, distributors or other subjects that participate in the
market, when it effectively controls, directly or
indirectly prices in a market or in a
market segment or in a geographic constituency
determined; or, the connection or interconnection to your network.

1. Provide information related to accounting,
technical specifications, network characteristics,
conditions of supply and use, including, in
where appropriate, the conditions that could limit access
or the use of services or applications, as well as
prices.

In the Market Regulation approved by the Agency for
Regulation and Control of Telecommunications will include
the criteria for determining whether a service provider
has market power in a given market
relevant and in one or more other relevant markets
closely linked, in a way that makes it possible for
the power you have in a market produces
repercussions on the other, thus reinforcing the
market power.

2. Provide in a timely and complete manner the
information required by the Regulatory Agency
and Telecommunications Control, in accordance with
the formats and periodicity that for the purpose
determine.
3. Keep cost or regulatory accounting, in case of
that provides various services, in the format and with the
methodology that, where appropriate, the Agency of
Regulation and Control of Telecommunications.

It will be considered that there is preponderance when the
provider of telecommunications services and services
by subscription, have more than 50% of subscribers, customers,
subscribers, active lines, traffic or others, in a
certain market or service, in which case, the Agency
Regulation and Control of Telecommunications may
establish directly through resolution, the
obligations that are justified, in accordance with the provisions of
the preceding article.

4. Setting prices and rates that allow promoting and
promote effective competition and benefits for
users in terms of prices and quality of the
services as well as to favor investment by
part of the service provider, especially in
new generation networks. Mechanism is included
tariff for services within the same network or outside
network (on-net or off-net).

Article 34.- Payment for market concentration for
promote competition.
In order to avoid distortions in the service market
telecommunications and subscription services and
promote competition, private providers that
concentrate market based on the number of subscribers or
customers of the concessioned, authorized or registered service,
pay the state a percentage of their total income
per year according to the following table:

5. Set interconnection charges that promote the
eradication of anti-competitive practices.
6. Limitations of commercialization of services and use of
terminal equipment.
7. Prohibition of signing lease contracts
for infrastructure installation.
8. Setting of symmetric interconnection charges.

SINCE

UNTIL

PAY

30%

34.99%

0.5%

35%

44.99%

1%

Four. Five%

54.99%

3%

55%

64.99%

5%

65%

74.99%

7%

9. Setting asymmetric interconnection charges.
10. Symmetric rate regulation.
11. Asymmetric rate regulation.
12. Infrastructure sharing obligations.

75%

Onwards

9%

13. Regulation on the use of trademarks or names
commercial.
The collection of these values ​will be quarterly and the
will be carried out by the Agency for the Regulation and Control of
Telecommunications, in accordance with regulation
that for the effect emits.

Article 33.- Operator with market power and
preponderant.
It will be considered as an operator with market power, when
provider of telecommunications services and services
by subscription when you have the ability to influence

This obligation is independent of any other
Obligation provided for in this Law.

Page 14

14 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
The Agency for the Regulation and Control of
Telecommunications may adopt new definitions
for other services, based on technological advances;
likewise, the Agency will regulate the terms and
conditions of the provision of services before
defined.

TITLE V
ENABLING TITLES

CHAPTER I
Qualifying titles for the provision
telecommunications services

Article 37.- Qualifying Titles.

Article 35.- Telecommunications Services.
All telecommunications services are public
by constitutional mandate.

The Agency for the Regulation and Control of
Telecommunications may grant the following titles
enablers:

The providers of these services are authorized to
installation of networks and necessary infrastructure in which
will support the provision of services to its users. The
networks will be operated under the principle of regularity,
convergence and technological neutrality.

1. Concession: For services such as fixed telephony and
advanced mobile service as well as for the use and
exploitation of the radioelectric spectrum, by companies
mixed economy, by private initiative and
popular and solidarity economy.

Article 36.- Types of Services.

2. Authorizations: For the use and exploitation of the spectrum
radioelectric, by public companies and
State institutions. For the provision of services
audio and video subscription, for individuals
natural and legal of private law, the
authorization will be implemented through a permit.

Defined as such are the services of
telecommunications and broadcasting.
1. Telecommunications services: Are those
services that are supported on networks of
telecommunications in order to allow and facilitate
transmission and reception of signs, signals, texts,
video, images, sounds or information of any
nature, to meet the needs of
telecommunications of subscribers, customers, users.

3. Registration of services: The services for which
provision is required for the Registry, among others the
following: carrier services, cable operators
submarine, radio amateurs, value added, of
radiocommunication, networks and activities for private use
and resale.

Within telecommunications services in
exemplary and non-limiting form, they are cited at the
fixed and mobile telephony, carriers and added value.

The Agency for the Regulation and Control of
Telecommunications, will determine the values ​for the payment
of concession and registration rights as well as the values
for the payment of authorizations, in the case of titles
authorizations issued in favor of public companies or
State institutions, not related to the provision
telecommunications services. If necessary
will also determine the type of rating for other
services, not defined in this Law.

Fixed or mobile telephone service providers
may provide other services such as carriers and
of added value that can be supported in your network and
platforms, in accordance with the regulations
issue for effect.
2. Broadcasting services: They are those that can
transmit, emit and receive image, sound,
multimedia and data, through stations of the type
public, private or community, based on what
established in the Organic Law of Communication.

The services whose enabling title is the registry, in case
If frequencies are required, they must request and obtain
previously the concession or authorization, according to
corresponds.

Broadcasting services are classified into
open signal and subscription services.

For the granting and renewal of titles
enablers of broadcasting and audio and video systems
By subscription, the requirements and procedures will be followed
provided for in the Organic Law of Communication, its
General Regulations and regulations that for the purpose
issued by the Agency for the Regulation and Control of
Telecommunications

2.1. Open signal services are the following:
a) Sound broadcasting: Includes all
transmission of audio and data signals, which
are intended to be received by the public in
generally, freely and for free; Y,

Article 38.- General Qualification.
b) Television broadcasting: Includes all
transmission of audiovisual signals and data,
that are intended to be received by the
general public, freely and
free.

It is the instrument issued through resolution by the
Agency for the Regulation and Control of
Telecommunications, once the
requirements established in the current legal system,
in which the terms, conditions and
approved deadlines, will also incorporate, if applicable, the
use and exploitation of the respective frequency bands
essential elements of the radioelectric spectrum, necessary for
provision of the service.

2.2. Subscription services: Are those services
broadcasts that can only be received
by users who have previously subscribed a
adhesion contract.

Page 15

Third Supplement - Official Gazette No. 439 - Wednesday February 18, 2015 - 15
The general authorization will be granted for the provision of
telecommunications services such as fixed telephony
and advanced mobile service and will be implemented through
concessions or authorizations, as appropriate.

Article 40.- Granting and Renewal Criteria.
For the granting and renewal of titles
qualifiers for the provision of services to companies
mixed, popular and solidarity economy organizations and
private companies, the Agency for the Regulation and Control of
Telecommunications will consider the need to
attend to: technological development, the evolution of
markets, the National Telecommunications Plan, the
needs for the sustained development of the sector and
State and universal access to health technologies
information and communication, as well as satisfaction
effective public or general interest. May deny the
granting or renewal of such titles considering the
regulations, provisions or policies that are issued for such
end, before the application process for granting the title
qualifying or its renewal.

Service providers that have a
general authorization may also provide other services,
such as carrier and value-added services, of
exemplary and non-limiting way, for which
provision requires only service registration.
The additional services that are authorized will be incorporated
through annexes to the General Qualification.
The Agency for the Regulation and Control of
Telecommunications, through its Directory, reserves
the powers of interpretation, clarification and termination
advance of the qualifying titles, for which you must
motivate their performances.

Given the nature of the granting of enabling titles
for the provision of telecommunications services and use
of the radioelectric spectrum, as well as its renewal, is not
the institution of positive administrative silence applies.

Article 39.- General Conditions of the companies
public for the provision of services.
They are granted by authorization and instrument of
adhesion, in favor of public companies constituted
for the provision of telecommunications services that
comply with the requirements established by the Agency for
Regulation and Control of Telecommunications. Bliss
authorization will be signed by the Executive Director and
accepted by the legal representative of the public company
concerned. The qualifying title will be registered in the
Public Registry of Telecommunications.

Before the issuance of the renewal decision,
will evaluate compliance with the terms and conditions of the
enabling title that is about to expire, for which the
Agency for the Regulation and Control of
Telecommunications, will issue the respective report.
The renewal of the qualifying titles will be for a
period equal to that originally granted and may be carried out
in an updated legal regime in accordance with the
technological evolution of the service and market situation.

Public companies, in order to guarantee the interest
general and compliance with the principles of service
public enshrined in the Constitution of the Republic,
shall submit to this Law, its General Regulations and to the
regulations and control actions of the Agency for
Regulation and Control of Telecommunications, such as
it is determined by the Constitution of the Republic. Notwithstanding
of which public companies will enjoy exemptions,
exceptions, exemptions and prerogatives established in
laws.

In the case of requests for the granting of new
qualifying titles should be evaluated if any company or
group of companies related to the applicant for the degree
provides the same service or similar services and
effects that the granting could have on the market
the new qualifying title required; for this purpose,
an affidavit must be submitted regarding
bonding.

Public companies and public entities for the
provision of telecommunications services, will be
obliged to pay rights, fees, contributions and
other obligations, established in this Law,
except for the following:

Article 41.- Registry of Services.
Registration will be granted by administrative act
duly motivated, issued by the Executive Director
in accordance with the procedure and requirements that
are established in the regulations approved by the Agency for
Regulation and Control of Telecommunications for the
granting of enabling titles. In said registry
It will also include a statement from the provider
subject to the current legal system and the
corresponding regulations.

1. By granting or renewing qualifying titles.
2. For the granting or renewal of authorization of
frequencies for their use and exploitation.
Notwithstanding the exemptions indicated, the companies
public telecommunications must comply with the
public policy issued by the governing body of the
telecommunications and with the obligations of character
social, universal service or policy enforcement
public regulations provided by the Regulation and Control Agency
of Telecommunications to earn the allocation of
radioelectric spectrum carried out by the State. These
obligations are independent of those related to the
contribution to the Development Fund for
Telecommunications

In any case, the processing of the procedures for
registration must be made within a term of twenty
business days, counted from the presentation of the
application, with all the requirements that to that effect
correspond.
Article 42.- Public Registry of Telecommunications.
The Public Telecommunications Registry will be in charge
of the Agency for the Regulation and Control of

Page 16

16 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
Telecommunications, which will establish the standards for
registration procedure, requirements and cancellations.

The duration of the other qualifying titles will be
established in the regulations issued by the Agency for
Regulation and Control of Telecommunications. Throughout
if the term of duration may not exceed fifteen
years, except for submarine cable operators and
public telecommunications companies.

In the Public Telecommunications Registry they must
register:
a) General authorizations and notifications of
service provision registry.

Article 44.- Transfer or Assignment.

b) The general conditions of public companies,
notifications of service provision and
authorizations issued in favor of the institutions or
State agencies.

The enabling titles may not be alienated, assigned,
transferred, leased or taxed by any means without
authorization from the Agency for the Regulation and Control of
Telecommunications Incurring this prohibition will be
sufficient cause for the early termination of the title
enabling, without prejudice to the consequences provided in
the current legal system.

c) Concessions for the use and exploitation of the spectrum.
d) Administrative acts granted as title
Enabling Registration of Services.

Article 45.- Content of the Qualifying Titles.

e) The agreements and provisions of interconnection and
Connection.

The Regulations for Granting Qualifying Titles issued by
the Agency for the Regulation and Control of
Telecommunications, will establish the minimum content of
the different qualifying titles, the requirements and
procedures for its granting, renewal and
record.

f) Tariff caps for services.
g) Agreements and provisions for sharing
infrastructure.
h) The agreements and provisions of virtual operation.
i) Service resale contracts.

Article 46.- Extinction of Qualifying Titles.

j) The service adhesion contract models.

The qualifying titles for the provision of services of
telecommunications, regardless of their class or
duration, they will be extinguished by:

k) The use of spectrum for research of new
technologies by the State.

1. Expiration of the time of its duration and that it has not been
requested and resolved the renewal, for which
must take the measures that guarantee the
continuity of service.

l) Universal internet access networks.
m) All other acts, authorizations, permits and
contracts determined by the Regulatory Agency and
Telecommunications Control.

2. Due to non-compliance in the installation and operation
within the established period, in accordance with
provided in the regulations of the service and title
enabling.

In addition, the modifications of the acts and
contracts described above, as well as the modifications
of the networks and infrastructure of
telecommunications that have been notified to the
Agency for the Regulation and Control of
Telecommunications, in accordance with what
set the regulations.

3. Mutual agreement between the parties, provided that there is no
affect the general interest, the continuity of the service or
To thirds. The resignation will be understood by mutual agreement
of the holder of the rating, which has been approved
by the Agency for the Regulation and Control of
Telecommunications

The Agency for the Regulation and Control of
Telecommunications will guarantee the access of the organs and
State entities, as well as citizens, to the Registry
Public to which this article refers.

4. Death of the owner, in the case of natural persons.
5. Advance and unilateral declaration duly
motivated, carried out by the Regulation Agency and
Telecommunications Control, in the following
cases:

Matters related to the provision of services of
broadcasting, television and audio and video systems by
subscription, must be registered in the National Registry
of Qualifying Titles, in accordance with the provisions
in the Organic Law of Communication, its Regulations
General and the regulations issued by the Agency of
Regulation and Control of Telecommunications.

a) When dissolution, bankruptcy or
liquidation, in the case of legal persons.
b) Due to loss of the civil capacity of its holder, in
case of natural persons.

Article 43.- Duration.
The concessions and authorizations for the provision of
Telecommunications services will have a duration of
up to fifteen years.

c) Due to facts or acts that prevent the continuity of the
Enabling title.

Page 17

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 17
6. Due to revocation of the title declared by the Agency
from
Regulation
Y
Control
from
Telecommunications, in accordance with
established in this Law.

the

7. In case of voluntary and total return of the
spectrum licensed or authorized, accepted by
the Agency for the Regulation and Control of
Telecommunications, as long as it is verified
that the return is not made for the purpose of
avoid responsibilities.
8. Any other cause established in this Law, in the
current legal system and titles
respective enablers.
In merger cases, the resulting company will be subrogated
in the rights and obligations contained in the titles
qualifying agents, with prior authorization from the
Regulation and Control of Telecommunications. Equal
procedure will be followed in cases in which a company
enabled to become a public company.
For the purposes of the extinction or revocation of a title
authorizing authority, the Agency for the Regulation and Control of
Telecommunications must issue an administrative act
motivated to declare it, after the substantiation of the
corresponding administrative procedure in which
guarantee due process and the right to defense of the
headline.
In all cases of extinction of the enabling title, the
Agency for the Regulation and Control of
Telecommunications, you must adopt the measures
administrative procedures necessary to ensure continuity
of the service and the rights of the users, including the
reversal of the assets assigned to the provision of the service;
the valuation of said goods will be carried out by a firm
independent of prestige and experience in the
Telecommunications designated by the Agency for
Regulation and Control of Telecommunications. In case
of termination due to revocation, payment will be made in accordance with
what is established in this Law.
When the Agency for the Regulation and Control of
Telecommunications determine that the reversion does not proceed
of the goods, the service provider shall at its own cost
remove the infrastructure you have installed in compliance with
mechanisms, conditions and deadlines established by the
Agency.
Article 47.- Extinction of the qualifying titles of
broadcasting services.
The qualifying titles granted to providers of
broadcasting services and audio and video systems by
subscription ends, in addition to the established causes
in the Organic Law of Communication, by the following
breaches:

3. The others established in the legal system and
corresponding qualifying titles.
The administrative procedure followed for the
unilateral and early termination of the qualifying title
will be the one issued for this purpose by the Regulatory Agency and
Telecommunications Control.
Article 48.- Rights for the Granting of Titles
Enabling.
Telecommunications service providers that
act by state delegation must pay the State the
rights to obtain qualifying titles that
determined by the Agency for the Regulation and Control of
Telecommunications
The Agency for the Regulation and Control of
Telecommunications may regulate the payment of rates or
rights for procedures for granting titles
qualifying, renewal, modifications, registrations or other
activities.
Article 49.- Changes of Control.
Without prejudice to complying with the provisions of the
current legal system, the service provider of
telecommunications will not be able to carry out operations that
imply a change of control, without the respective
authorization of the Director of the Regulatory Agency and
Control of Telecommunications, especially those
related to: changes in ownership of shares
of the company, any kind of contracts or agreements
that affect operational or real control over the company
or in making decisions about it, although not
entail a change in the ownership of the shares of the
lender.
Prior to carrying out the operation involving a
change of control, the service provider
telecommunications must submit to the Agency
Regulation and Control of Telecommunications
corresponding application in accordance with the
requirements and conditions established by the Agency
Regulation and Control of Telecommunications. In the
request will be made the description of the operation to
carry out, its nature, characteristics, economic agents
participants in the operation and the effects that could
be generated on the occasion of its realization. The agency of
Regulation and Control of Telecommunications shall
process the request and issue the corresponding report, such as
as established in this Law.
In the case of broadcasting and television services and
audio and video by subscription, the provisions of
the Organic Law of Communication and its regulations
app.

CHAPTER II
Use and Exploitation of the Radioelectric Spectrum

1. For non-compliance in the installation within the term,
established for the effect.

Article 50.- Granting.

2. For incurring in default in the payment of its obligations,
for three months or more consecutive pensions.

Enabling titles will be granted for the use and exploitation of
frequencies of the radioelectric spectrum, as

Page 18

18 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
provided in this Law, its regulations and the
technical, economic and legal requirements demanded of such
effects.
For the purposes of granting qualifying titles of
frequencies of the radioelectric spectrum, the State will attend
to the public interest, will promote the rational and efficient use of
referred limited resource, will guarantee equal access,
equitable and the allocation under conditions of transparency.
You can deny the granting of authorization titles of use
spectrum when the public or general interest prevails.
The State will allow access to bands classified as
free use, in accordance with the provisions of the
Constitution, this Law, its General Regulations, the Plan
National Frequency and the standards issued by the
Agency for the Regulation and Control of
Telecommunications
The authorization for the use and exploitation of frequencies does not
essential for the provision of
telecommunications
I know will implement
through
marginalization in the enabling title registered in the Registry
Telecommunications Public. This marginalization is
will be carried out by order of the Director of the
Regulation and Control of Telecommunications and
consequently it will be an integral part of the title
enabling.
The granting of qualifying titles of frequencies of the
radio spectrum, observing the guiding principle of
technical, social and economic efficiency, may be carried out
through direct award, public process (tender)
competitive bidding, in accordance with what
establish the Regulation to Grant Qualifying Titles
issued by the Agency for the Regulation and Control of
Telecommunications
Said granting will consider the technical suitability,
economic and legal of the applicant.
In the case of granting frequencies of the
broadcasting services, the provisions of the
Organic Law of Communication.
Article 51.- Direct Award.
Enabling titles will be granted for its use or exploitation,
by direct award, as long as they comply with
the corresponding requirements, in the following cases:
1. Non-essential frequencies.
2. Essential frequencies required for the
introduction of new technologies or improvements in the
service, when the holder of the qualifying title
is providing the service or to be granted to
a new service provider other than
massive character.
3. Frequencies for public companies and entities
public.
4. Sharing bands.
5. Reassignment of frequencies.

6. Registration of Services.
7. Renewal of qualifying titles, in the cases that
established in the Regulation to Grant Titles
Enabling or resolutions of the Agency of
Regulation and Control of Telecommunications.
8. Private Networks.
The Telecommunications Regulation Agency
establish the parameters and objectives for the award
direct, among which will be considered at least, issues
of: technical, social and economic efficiency, responsibility
social, offers of coverage in areas not served,
advantages for users and, in general, what benefits the
Good living.
Article 52.- Competitive Public Process.
Concessions for use and exploitation will be granted through
competitive public bidding process when:
1. The number of applicants exceeds the number of
frequencies available for granting.
2. The number of service or use concessions and
exploitation of radio spectrum frequencies
that is expected to be granted is limited, for reasons of
public interest, technological development or
evolution of the markets.
3. The frequencies or frequency bands to be
granted to a new service provider have a
high economic valuation, in accordance with the
evaluations carried out by the Regulatory Agency of
Telecommunications; or,
4. The frequencies or frequency bands are intended for the
provision of mass services by a
new provider.
Article 53.- Frequencies for private use.
The Agency for the Regulation and Control of
Telecommunications will regulate the allocation of
frequencies for private use.
Article 54.- Rights and Fees for Spectrum Use.
The Agency for the Regulation and Control of
Telecommunications will set the value of the rights for the
granting of qualifying titles, as well as the rates
for the use and exploitation of the radioelectric spectrum. The
rights will be paid to the State for the granting of
enabling titles. The fees for the use and exploitation of the
referred limited resource, will be set in accordance with the
regulations issued for this purpose by the Regulatory Agency
and Telecommunications Control.
Setting parameters and setting
models for the determination of the referred amounts
must serve the public interest; the valuation of
Radioelectric spectrum; the estimated income for
dealers; investments made, or to be made, by the
dealers; coverage rates; stipulations
contractual; fulfillment of social obligations or

Page 19

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 19
Universal Service; type of services and the massive nature
that they may have, as well as the contribution of the
concessionaire for the development of projects that
promote the information society and the
knowledge, among others.
Article 55.- Preferential Law of Public Companies.
Public companies that provide services of
telecommunications will have a preferential right to use
and exploitation of the radioelectric spectrum, in accordance
with existing availability.

2. Be it to achieve technical, social and
economical in the use of spectrum frequencies.
3. The public interest requires it.
4. Is derived from the application of treaties or conventions
validly subscribed international
5. It is for reasons of national security and defense.
6. Whether for the introduction of new technologies and / or
services.
7. Be to avoid and solve interference.

Article 56.- Duration.
The qualifying titles for the use and exploitation of the
radio spectrum will have the same duration of the
enabling title of the service or services to which the
find partners and will be integrated into a
single instrument. If they are not associated with any service
its duration will be five years.
In the event that the concessionaires for the exploitation
telecommunications services request and are
grant additional essential frequencies, the Agency for
Regulation and Control of Telecommunications may
order the readjustment of the terms, conditions and
terms of the qualifying title for the exploitation of the
service, as long as the following meet
terms:
1. That the essential frequencies or frequency bands
granted have a high economic valuation.
2. That it is a massive service.
3. That the need for an extension of the
term of the concession contract for the exploitation of the
service, so that sufficient time is available
for the amortization of the investment to be made by
the operator.
The Agency for the Regulation and Control of
Telecommunications will analyze each particular request, and
may deny the extension of the term, considering, between
other aspects, the general interest, the conditions of
market and the level of compliance with obligations by
part of the dealer.
The concessionaire must pay the concession fees and
payment for use of respective frequencies that entails the
term extension.
In the event of termination of the qualifying title of the service by
the established causes, it will be understood as extinguished
also the authorization for the use of spectrum
radioelectric associated with said title.
Article 57.- Reassignment.
The Agency for the Regulation and Control of
Telecommunications may reassign frequencies or bands
of previously assigned frequencies, when:
1. Be required in the execution of technical plans
corresponding.

8. To make spectrum redistribution more equitable
radioelectricity between the public, community and
private, in accordance with the provisions of the Organic Law of
Communication.
Article 58.- Indemnification.
As a general rule, spectrum reallocation
radio does not generate compensation, except when
there is no spectrum available for the provision of the service
that prevents reallocation and, consequently, is
impossible continuity in the provision of services
by the operator in question. The agency of
Regulation and Control of Telecommunications
will set the parameters to determine the value of the
compensation in this particular case. In the case of
companies and public entities do not apply compensation or
compensation of any kind.
Article 59.- Use and Exploitation of the spectrum
radio for broadcasting services.
The granting of spectrum frequencies
radio for broadcasting services, will be subject to
the provisions of the Organic Law of Communication, its
General Regulations and regulations issued by the Agency
Regulation and Control of Telecommunications.
Article 60.- Fees for Adjudication and Use of
Frequencies for Broadcasting Services
Holders of qualifying titles for security services
Community and private broadcasting are
obliged to pay the award fees and
use of frequencies, even when suspended
its operation. Excepted from these payments are
broadcasting services of the public type.
Article 61.- Approval of Rates for Adjudication and
Use of Frequencies for Broadcasting Services.
The fees for adjudication rights to be paid
providers of broadcasting services to the State
will be those approved by resolution by the Agency for
Regulation and Control of Telecommunications.
The Agency for the Regulation and Control of
Telecommunications will set the rates for adjudication and
use of frequencies for social media
considering for the effect aspects of a technical nature,
social or economic.

Page 20

20 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
For the purpose of paying the fees, the radio-links
studio-transmitter, whose broadcasts are not received by
the public are considered as integral parts of the channel
principal, and therefore are not subject to any
additional surcharge. Auxiliary frequencies for links
additional must pay the values ​that for the effect are
establish.
Subsequent changes to the rates do not oblige
the conclusion of a new contract.

TITLE VI
TARIFF REGIME OF THE
PROVISION OF SERVICES

SINGLE CHAPTER
Regime and Regulation

1. Service providers may establish
rate plans made up of one or more services
or for one or more products of a service, of
in accordance with his or her qualifying titles.
2. The rate structure will meet the principles of access
universal and priority use, in such a way that
include rate options for users or users of
lower income.
3. Rates and prices should promote the use and
efficient provision of services, will tend to
stimulate the efficient expansion of services
establish the basis for the establishment of a
competitive environment.
4. No service provider may discriminate against
subscribers or users who are in
similar circumstances, in relation to rates or prices.
5. In the appraisal and billing of services, there is no
they may round off times or appraisal units.

Article 62.- Rate system.
It is the constitutional duty of the central State, through the
Agency for the Regulation and Control of
Telecommunications, provide that prices and rates for
the provision of services are equitable, in such virtue in
exercise of its power of control and regulation, may, in
at any time, establish rate ceilings or
modify existing ones.
Article 63.- Rate regulation.

6. Service providers will publish on their page
web their plans, promotions, rates and prices in the
formats and conditions that allow subscribers and
users have complete information,
comparable and timely. Similarly,
service providers must provide the
information about your plans, promotions, rates and
prices in the formats and conditions to be determined
in the corresponding regulations.

Telecommunications service providers may
freely set their rates, as long as they do not exceed the
tariff ceilings defined by the Regulatory Agency and
Telecommunications Control.

7. The rates and prices will correspond to the services
expressly contracted and in no case
will incorporate performance values, products or
services not requested by users.

To modify the tariff ceilings found in
validity, they will be considered if they exist or may exist
distortions to competition in the given market,
or that the level of rates or prices shows nonexistence
effective competition, or when the quality of
services do not meet the standards required. Such
regulation, which may include the mode of buffers
tariffs or any other, may be included in the titles
enablers or be applied at any time
justifiably the assumptions before
mentioned.

Article 65.- Notification and validity.

The Agency for the Regulation and Control of
Telecommunications may, justifiably, regulate the
fees or impose special obligations on providers
with market power, based on studies and reports
that demonstrate such power.
To promote the development of universal service,
may regulate preferential rates to favor the
economic development of regions and social groups of
priority attention.

The rates must be notified to the Agency of
Regulation and Control of Telecommunications with al
least forty-eight hours in advance of the date of
entry into force of the same. This notification may
be done through electronic means and under formats
and mechanisms previously established by the Agency for
Regulation and Control of Telecommunications.
Timely notification of rates does not imply
acceptance or approval of the same, and they are safe
the corresponding supervisory and control actions.

TITLE VII
INTERCONNECTION AND ACCESS

CHAPTER I
Common provisions
Article 66.- Principles.

Article 64.- Applicable rules.
Rates and prices for all services
telecommunications should take into account the following
general precepts:

Interconnection and access must be carried out
conformity with principles of equality, notdiscrimination, neutrality, good faith, transparency,
advertising and on a cost basis.

Page 21

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 21
Article 67.- Interconnection.
For the purposes of this Law, interconnection is understood to be
the connection or union of two or more public networks of
telecommunications, through physical means or
radioelectric, by means of equipment or facilities that
provide telecommunications lines or links for the
exchange, transit or termination of traffic between two
telecommunications service providers, who
allow communications between users of different
providers continuously or discreetly.

competing resources, taking into account the
nature and type of interconnection or access
deal and market development, the possibility of
provide the proposed access, in relation to the
duly justified available capacity, investment
initial of the resource owner, bearing in mind the
risks incurred in carrying it out, the need to
safeguard long-term competition; and when
appropriate, the relevant property rights
intellectual.
Article 71.- Economic regulation of interconnection
and access.

Article 68.- Access.
For the purposes of this Law, access is understood to be the
made available to another provider, under conditions
defined, non-discriminatory and transparent, resources
network or services for the purpose of providing services
telecommunications, including when used for
broadcasting services, subject to the regulations issued
the Agency for the Regulation and Control of
Telecommunications, the same that could include between
others the following aspects: access to elements and
network resources, as well as other resources and systems
necessary; technical interfaces, protocols or other
technologies that are essential for
interoperability of services or networks.
Article 69.- Mandatory.
Telecommunications service providers that
operate or control public telecommunications networks
have the obligation to interconnect with other networks
public telecommunications and allow access to other
telecommunications service providers,
in accordance with the provisions of this Law, its Regulations
General and the corresponding regulations. To this end,
must have open network architecture designs that
allow the interconnection and interoperability of their
networks and access to them.

The Agency for the Regulation and Control of
Telecommunications is empowered to impose, between
others, obligations regarding the separation of accounts in
relation to interconnection or access.
In the same way, it is empowered to impose conditions
economic, including interconnection charges or prices
wholesalers in connection with interconnection or access. The
Agency may establish a value of zero (0) as charge of
interconnection, in application of article 32 of this Law.
Wholesale charges and prices to be agreed upon or
imposed for interconnection and access must serve
to promote efficiency and sustainable competition and
maximize benefits for users. The
burden of proof regarding the costs of the
interconnection or access, corresponds to the provider that
apply or allege them.
The Agency for the Regulation and Control of
Telecommunications may use methods or models of
calculation of costs other than those used by the company
or take into account the costs of other markets
comparable and may require a provider to justify
fully the charges or prices that apply and, when
proceed, order him to modify them.
Article 72.- Negotiation and agreement.

CHAPTER II
Process
Article 70.- Power of intervention.
The Agency for the Regulation and Control of
Telecommunications, at any time, you can
intervene in interconnection and access relations, since
whether these have been established by agreement or
provision, at the request of either party
involved, or ex officio when justified, with the
in order to promote and, where appropriate, guarantee the
interconnection and access, interoperability of
services, competition or the achievement of objectives
established in this Law. The decision adopted will be
executive and binding, without prejudice to the right to
administrative and judicial petitions or challenges.
The obligations and conditions that are imposed
in accordance with this article will be objective,
transparent, proportionate and non-discriminatory.

Any provider of telecommunications services
may request another interconnection or access according to the
case. The interested parties may freely negotiate the
conditions of interconnection or access, within the
established in this Law, its General Regulations and the
respective regulations.
However, they may require the intervention of the Agency
Regulation and Control of Telecommunications with
observer character in the negotiation.
The request for interconnection or access must be made
written form, indicating the technical aspects,
economic and legal requirements. The interested party must
send a copy of the request to the Regulatory Agency and
Telecommunications Control. The agreement shall
subscribe within sixty (60) business days
following the date of the interconnection request or
access.
Article 73.- Interconnection or access provisions.

In the event of intervention, the Regulation and
Telecommunications Control should consider the
technical and economic feasibility to use or install

Once the period indicated in the previous article has been fulfilled without
the respective agreement has been signed, the

Page 22

22 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
Regulation and Control of Telecommunications
will intervene, ex officio or at the request of a party, to order
interconnection or requested access and establish its
technical, economic and legal conditions. The decision
of the Agency for the Regulation and Control of
Telecommunications must be issued within a period of
forty-five (45) business days counted from the
request of one or both interested parties, when intervening
instance of part or from the notification of the start of the
procedure of issuance of the disposition of
interconnection or access when acting ex officio.

of its services and the invulnerability of the network and guarantee
the secrecy of communications and information
transmitted over their networks. These measures will guarantee a
level of security appropriate to the existing risk.

Without prejudice to what is stated in the previous paragraph, when
requested by a provider and in order to guarantee the provision
telecommunications services, the Agency for
Regulation and Control of Telecommunications, before
issue the interconnection or access provision, may
order interconnection or access immediately,
while the respective provision is being processed.

Article 77.- Interceptions.

Article 74.- Approval and modification.
Interconnection or access agreements must
appear, after its subscription, before the Agency of
Regulation and Control of Telecommunications for its
approval and subsequent registration in the Public Registry
of Telecommunications as a requirement for entry into
vigor. The Agency for the Regulation and Control of
Telecommunications will approve the agreement within twenty
(20) business days and, in case of not issuing a
pronouncement, it will be understood approved in everything that
is contrary to the current legal system. The
interconnection or access provisions and their
Modifications must also be registered in the Registry
Telecommunications Public.

In case there is a particular risk of violation of
network security, the service provider
telecommunications must inform their subscribers,
customers or users about said risk and, if the measures
to mitigate or eliminate that risk are not under your control,
about possible solutions.

Interceptions may only be made when
there is an express order from the competent judge, in the
framework of an investigation of a crime or for reasons of
public and State security, in accordance with
establishes the law and following due process.
In the event of legal interception, the providers of
services must provide all the information required in
the interception order, including character data
personnel of those involved in the communication, as well as
the necessary technical information and procedures for
decompression, decryption or decoding in case of
that the communications subject to legal interception
have been subject to such security measures. The
contents of communications and personal data
that are obtained as a result of an order of
lawful interception will be subject to the protocols and
confidentiality rules established by law
current legal.

CHAPTER II
Protection of personal data

Article 75.- Prohibition.
Article 78.- Right to privacy.
In no case may the disconnection be carried out,
interruption, suspension, crash, quality degradation,
removal of equipment or closure of interconnection or access,
unilaterally or by mutual agreement, even when
there are controversies pending resolution between the
parties involved, administrative authorities or
without having previously obtained authorization from
the Agency for the Regulation and Control of
Telecommunications and, provided that the
measures necessary to protect the rights of
subscribers or users and the continuity of services.

TITLE VIII
SECRET OF COMMUNICATIONS AND
PERSONAL DATA PROTECTION

CHAPTER I
Secret of communications

For the full validity of the right to privacy,
established in article 66, numeral 20 of the Constitution
of the Republic, the service providers of
telecommunications shall guarantee, in the exercise of
its activity, the protection of character data
personal.
For this purpose, the service providers of
telecommunications shall adopt technical measures and
adequate management to preserve the security of your network
in order to guarantee the protection of the data of
personal character in accordance with the law. Said
Measures shall include, as a minimum:
1. The guarantee that only authorized personnel have
access to personal data for purposes authorized by
the law.

Article 76.- Technical security measures and
invulnerability.

2. The protection of stored personal data or
transmitted from accidental or unlawful destruction, the
accidental loss or alteration or storage,
unauthorized treatment, access or disclosure or
illicit.

Service providers whether they use the network
own or that of a third party, they must adopt the measures
appropriate management and techniques to preserve safety

3. The guarantee of the effective application of a policy of
security regarding data processing
personal.

Page 23

Third Supplement - Official Gazette No. 439 - Wednesday February 18, 2015 - 23
4. The guarantee that the information provided by the
customers, subscribers or users will not be used for
commercial or advertising purposes, or for any
other purpose, unless you have consent
prior and express authorization of each client, subscriber
or user. The consent must be recorded
clearly, in such a way that the
use of any misleading strategy
for the issuance of said consent.
Article 79.- Duty of information.
In case there is a particular risk of violation of
the security of the public network or the
telecommunications, the service provider of
telecommunications will inform its subscribers, customers and
users on said risk and on the measures to adopt.
In case of violation of the data of a subscriber or user
In particular, the provider will notify the
subscriber or private user immediately,
describing at least the nature of the violation of the
personal data, the contact points where you can
get more information, recommended measures
to mitigate the possible adverse effects of said
violation and measures already taken to address the violation
of personal data.
Notification of a personal data breach to
a subscriber, customer or particular user affected will not be
necessary if the provider demonstrates to the Agency
Regulation and Control of Telecommunications that has
applied technological protection measures
appropriate and that these measures have been applied to
data affected by the security breach. Nails
protection measures of these characteristics make
the data is incomprehensible to anyone who is not
authorized to access them.
For the purposes established in this article, it will be understood
as a violation of personal data the violation of
security that causes destruction, accidental or illegal,
loss, alteration, disclosure or access will not
authorized, personal data transmitted, stored

and, in particular, on the purpose or purposes of said guides, as well
as about the right they have, free of charge, not to
be included, in such guides.
Article 82.- Commercial use of personal data.
Service providers may not use data
personal information, information on the use of the service,
traffic or the consumption pattern of its subscribers, customers
or users for the commercial promotion of services or
products, unless the subscriber or user to whom it is
refer the data or such information, you have given your
prior and express consent. Users or subscribers
will have the clear and easy possibility to withdraw their
consent to the use of your data and the
information above. Such consent must
specify the personal data or information whose use is
authorize, time and your specific objective.
Without having such consent and with the same
characteristics, and service providers of
telecommunications may not commercialize, assign or
transfer the personal data of its users to third parties,
customers or subscribers. The same requirement will apply for the
information on the use of the service, traffic information or
of the consumption pattern of its users, customers and
subscribers.
Article 83.- Technical control.
When to carry out technical control tasks,
either to verify the proper use of the spectrum
radioelectric, the correct provision of the services of
telecommunications, the proper use and operation of networks
telecommunications or to check the measurements
implemented to guarantee the secrecy of
communications and security of personal data, whether
the use of equipment, infrastructures and
facilities that may violate security and integrity
networks, the Agency for the Regulation and Control of
Telecommunications shall design and establish
procedures that minimize the risk of
affect the contents of communications.

authorized, personal data transmitted, stored
or treated in the provision of a service
telecommunications.

When, as a result of technical controls
carried out, the contents, the
supports in which these appear may not be or
stored or disclosed and will be immediately
destroyed and discarded.

Article 80.- Disclosure procedures.
The service providers will implement
internal procedures to respond to requests for
access to the personal data of your subscribers, customers or
users by the authorities legally
authorized. The internal procedures that are
implement, for supervision and control purposes, they will be
disposition of the Agency for the Regulation and Control of
Telecommunications

Article 84.- Delivery of information.
The service providers will deliver to the
competent authorities the information that is
required within due process, in order to
investigation of crimes. The Agency for Regulation and
Telecommunications Control will establish the
mechanisms and procedures that are necessary.

Article 81.- Telephone directories or subscribers in
general.

Article 85.- Additional obligations.

Subscribers, customers or users have the right not to
appear in telephone or subscriber directories. They must be
informed of their rights regarding the use of
your personal data in telephone or subscriber directories

The Agency for the Regulation and Control of
Telecommunication will establish and regulate the
mechanisms to monitor compliance with the
obligations of both communications secrecy and

Page 24

24 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
security of personal data and, where appropriate, will dictate the
corresponding instructions, which will be binding on
service providers, in order to adopt
certain measures relating to integrity and security
of networks and services. Among them, you can impose:

5. The use in public networks of
telecommunications, terminal equipment using
radio spectrum, which have not previously been
homologated and certified.
6. The others that are established by the Agency of
Regulation and Control of Telecommunications.

1. The obligation to provide the information necessary to
evaluate the security and integrity of its services and
networks, including documents on network policies
safety.

TITLE X
SOCIETY OF THE INFORMATION AND
UNIVERSAL KNOWLEDGE AND SERVICE

2. The obligation to submit, at the provider's expense, to a
security audit performed by a body
public, competent authority or, if applicable, by
a private company or independent natural person.

SINGLE CHAPTER
Promotion of the Information Society and
Provision of Universal Service
Article 88.- Promotion of the Society of the
Information and Knowledge.

TITLE IX
TELECOMMUNICATIONS EQUIPMENT

The Rector Ministry of Telecommunications will promote
the information and knowledge society for the
comprehensive development of the country. To this end, said body
should guide its actions to the formulation of policies,
plans, programs and projects aimed at:

SINGLE CHAPTER
Homologation and Certification
Article 86.- Mandatory.

1. Guarantee the right to communication and access to
Information.

The telecommunications terminal equipment that uses
radio spectrum and connect to public networks of
telecommunications must have the homologation and
certification, carried out in accordance with the standards
applicable, in order to prevent damage to the networks, avoid
affectation of telecommunications services, avoid
generation of harmful interference and, guarantee the
rights of users and providers.

2. Promote universal access to health services
telecommunications; especially in urban areas
marginal or rural areas, in order to ensure adequate
coverage of services for the benefit of
Ecuadorian citizens.
3. Promote the efficient establishment of
telecommunications infrastructure, especially
in marginal urban and rural areas.

The Agency for the Regulation and Control of
Telecommunications may additionally establish
regulation linked to homologation and certification
of other telecommunications equipment.

4. Seek Universal Service.

Article 87.- Prohibitions.

5. Promote the development and massification of the use of
information and communication technologies throughout the
National territory.

It is expressly prohibited:
1. The use and commercialization of terminal equipment that
use radio spectrum, which may prevent or
interrupt the provision of services, degrade your
quality, cause damage to users or networks, generate
harmful interference or that in any way
affect the provision of services or the rights of
the users.

6. Support the education of the population regarding
computing and information technology, in order to
facilitate the proper use of services or equipment.

2. The commercialization of terminal equipment that uses
radio spectrum and have not been approved and
certificates.

Article 89.- Universal service.

7. Promote the development and technological leadership of the
Ecuador that allow the provision of new
services at fair prices and rates.

The Universal Service constitutes the obligation to extend
a defined set of telecommunications services, to
all the inhabitants of the national territory, with conditions
minimum accessibility, quality and fair prices,
regardless of economic, social conditions
or the geographic location of the population.

3. The commercialization of terminal equipment that uses
radio spectrum and are incompatible with the
National Frequency Plan.
4. The marketing of terminal equipment that has
been blocked and cannot be activated or used
by users in the different networks of the
telecommunications service providers.

The State will promote the provision of Universal Service
for the reduction of inequalities and the accessibility of
the population to the services and technologies of the

Page 25

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 25
information and communications, in accordance with
provided in this Law, its regulations and the Plan of
Universal Service.

1. Efficient use.- Being a scarce natural resource, the
radioelectric spectrum, both from the point of view
technical, as economic, must be managed and
managed efficiently.

Article 90.- Universal Service Plan.
2. Rational use.- Decisions about use must be made
planned, orderly, technically adequate and
economic and aimed at satisfying interest
public or general and the achievement of Good Living,
Sumak kawsay.

In the Universal Service Plan, which will be prepared and
approved by the Rector Ministry of the
Telecommunications and the Information Society,
will state the services that make up the service
universal and geographic areas for its provision. I know
will give priority attention to geographic areas of less
income and with less coverage of services in the territory
national. The Universal Service Plan must be framed
within the objectives of the National Development Plan and
harmonize with this instrument.

3. Economic maximization.- In the valuation for
allow the use of the radio spectrum, it is necessary to
seek their maximum economic performance in favor of
of the State, to achieve social welfare, but
considering the necessary stimuli for
investment.

Article 91.- Execution of projects and programs of
universal service.

4. Technological development and investment.- It must
promote the development and use of new
services, networks and information technologies and
communications and their universal access to all
population and promote public and private investment.

The projects and programs for the implementation of the
Universal Service may be executed directly by
public companies or contracted with joint ventures,
private or popular and solidarity economy that have
with the respective qualifying titles, on the basis of the
Selection parameters determined by the Rector Ministry
of Telecommunications and the Society of the
Information and subject to the Organic Law of the System
National Public Procurement.

5. Communication.- Communication must be guaranteed
free, intercultural, inclusive, diverse and participatory,
as well as the creation and strengthening of media
public, private and community social communication
and universal access to information technologies
and communication especially for people and
communities that lack such access or
have in a limited way.

Notwithstanding the foregoing, the qualifying titles
establish specific universal service obligations
through expansion plans or other modalities.
Article 92.- Contribution.

6. Elimination of interferences.- The
use of frequencies without harmful interference,
for which adequate security systems will be implemented
monitoring and control.

The telecommunications service providers,
Except for broadcasting, they will pay a contribution from the
1% of the total income invoiced and received. Saying
contribution must be made quarterly, within the
fifteen days following the end of each quarter of
each calendar year and the collection will be made by the
Agency for the Regulation and Control of
Telecommunications

7. Equitable and transparent access.- Access to
radioelectric spectrum should be carried out in a
transparent and fair.
8. Public and State Security.- The use of the spectrum
radio should contribute to public safety
and the state.

TITLE XI
SCARCE RESOURCES AND OCCUPATION OF ASSETS
CHAPTER I
Radio spectrum assignment

9. Flexibility and convergence.- The allocation of
radio spectrum should be carried out with
agile and flexible procedures and should be promoted and
make it easier for wireless networks to support various
services with various technologies.

Article 93.- Management.
The State, through the Agency for Regulation and Control
of Telecommunications, may assign the spectrum
radioelectric directly to public companies or by
delegation to joint ventures in which it has a majority
shareholding, the private sector and companies in the economy
popular and solidarity in the cases foreseen in the present
Law.

The administration, regulation, management, planning and
control of the radioelectric spectrum should consider the
environmental principles of prevention, precaution and
sustainable development.
Article 95.- Planning.

Article 94.- Objectives.
The Agency for the Regulation and Control of
Telecommunications will plan the use of the spectrum
radio for both
telecommunications as well as for

The administration, regulation, management, planning and
control of the radioelectric spectrum will pursue the following
objectives:

Page 26

26 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
broadcasting, considering the provisions of the
Constitution of the Republic and seeking the development and
universal access to information technologies and
communications.

The assignment does not confer rights on the providers
telecommunications services and the Agency for
Regulation and Control of Telecommunications may
make any necessary modifications or reassignments
for the fulfillment of the objectives set forth in this
Law. Selection procedures may be established
competitive or comparative for number assignment
with exceptional economic value.

You should also consider the decisions and
recommendations from international conferences
competent in radiocommunication matters.
The Agency for the Regulation and Control of
Telecommunications is competent to prepare, approve,
modify and update the National Frequency Plan,
dynamic instrument that contains the attribution of
frequencies of the radioelectric spectrum. All assignment of
frequencies of the radioelectric spectrum should be carried out
strictly subject to said plan.

Article 99.- Prohibition of assignment or transfer.
The service providers may not transfer or
assign the numbering resources assigned to them.
Article 100.- Conservation of the number.
The service providers that use numbers of
identification for your subscribers, such as services
telephone numbers, they will ensure that their subscribers can
keep the numbers assigned to them with
independence of the provider that provides the service, thus
as well as the plans or method of contracting said
service.

Article 96.- Use.
The use of the radioelectric spectrum will technically distinguish
the following applications:
1. Spectrum of free use: These are bands of
frequencies that can be used by the public in
in general, subject to the provisions of the
current legal system and without the need for a title
enabling, or registration.

In any case, the execution of this obligation will not justify
Impacts on the quality of service and initial costs
and maintenance that are generated on the occasion of your
implementation should be borne by the
providers involved.

2. Spectrum for use determined in free bands:
They are those frequency bands called free
that can be used for attributed services
by the Regulation and Control Agency and only
require registration.

CHAPTER III
Occupation of goods

3. Spectrum for specific uses: Are those
established by the Regulation and Control Agency;
within this group there may be usage assignments
proprietary or shared.

Article 101.- Right of occupation.
The service providers will have the right, in the
terms of this Law, its General Regulations and the
regulations issued for this purpose, to the occupation of
private property when strictly
necessary for the installation of the network, in accordance with
foreseen in the technical project presented and provided that
there are no other economically viable alternatives.
Said occupation will be done by agreement, by
declaration of public utility and expropriation made
by the Agency for the Regulation and Control of
Telecommunications or through the declaration of
forced easement of passage or occupation, for the
installation of network infrastructure
telecommunications. The service providers
must bear the costs involved in the process of
expropriation or occupation of property.

4. Spectrum for experimental uses: They are those
frequency bands for research
scientific or temporary equipment testing.
5. Reserved spectrum: They are those bands of
frequencies intended for public safety and
Condition.

CHAPTER II
Numbering Resource
Article 97.- Administration and management of the resource.
Numbering is a limited resource whose
administration, control and allocation corresponds to
Condition.

They will also have the right to occupy the property of domain
public, both for public use and those affected by
public service, complying for this purpose with the
regulations issued by the competent authorities in
land use and occupation and use of the strip
underlying, within the right of way, of the highways and
sections that make up the state road network.

The service providers must comply with the
provided in the Fundamental Technical Plan of Numbering
and the complementary norms that are dictated for the effect.
Article 98.- Assignment.

The Agency for the Regulation and Control of
Telecommunications may arrange the occupation
shared, by several providers, of towers,
facilities, buildings or any other element that is

The allocation of the numbering resource will be made in
conditions of equality, transparency, treatment not
discriminatory and in attention to the public interest.

Page 27

Third Supplement - Official Gazette No. 439 - Wednesday February 18, 2015 - 27
susceptible to shared use, if it were technically
viable and thereby contributes to reducing or attenuating the
visual pollution generated by the aerial deployment of
physical networks.

Article 106.- Sharing of Infrastructure.
The interested parties may negotiate and agree on the
technical, economic and legal conditions for the use of
the physical infrastructure, by subscribing a
agreement for the shared use of physical infrastructure or
constitution of the easement, in accordance with the
applicable standards. The deadline for
direct negotiation is thirty (30) days counted from
of the date of the request made by the interested party.

Article 102.- Expropriation power.
The Agency for the Regulation and Control of
Telecommunications may declare the public utility and
proceed with the expropriation of property assets
necessary for the installation of networks of
telecommunications or for the fulfillment of its
functions. When the expropriation is carried out for the
installation of telecommunications networks, it may be
lease or transfer the property to the operator or operators
that justifiably require it.

For its improvement and entry into force, the
agreements for shared use of physical infrastructure or
constitution of the easement must be approved by
the Agency for the Regulation and Control of
Telecommunications and registered in the Public Registry of
Telecommunications

Article 103.- Procedure.
However, if an agreement has not been reached within the deadline
indicated in the previous paragraph, the interested party may request
the intervention of the Agency for the Regulation and Control of
Telecommunications, which may, through
resolution issued within a maximum period of thirty (30)
days, impose a forced easement of passage, use, or use
shared property or physical infrastructure,
determining the technical, legal and
economic.

The technical report will be attached to the declaration.
corresponding economic, the current certificate of the
property registrar of the respective canton and the
certification of funds about the existence and
availability of the necessary resources to proceed with
expropriation. The expropriation will be processed
in accordance with the rules and procedure provided for in
applicable law.
Article 104.- Use and Occupation of Domain Assets
Public.

CHAPTER IV
Orbital resources and satellite services

Decentralized autonomous governments in all
levels should consider the needs of use and
occupation of public domain property that establishes the
Agency for the Regulation and Control of
Telecommunications and, without prejudice to complying with the
technical standards and national policies, should coordinate
with said Agency the necessary actions to guarantee
the laying and installation of networks that support
telecommunications in a healthy environment, free from
pollution and protecting both natural heritage
as cultural.

Article 107.- Management before the International Union of
Telecommunications
Corresponds
to the Ministry
rector
Telecommunications and the Information Society
manage the assignment of orbital positions
geostationary or satellite before the International Union
Telecommunications or other international organizations
in favor of the Republic of Ecuador.

from

the

Article 108.- Regulation and control.
In the case of installations in private goods, the rates
charged by decentralized autonomous governments do not
may be other than those directly linked to the
justified cost of the process of granting the
installation or construction permits.

The use of radio spectrum associated with networks
satellite, as well as the provision of services carried out to
through such networks will be administered, regulated and
controlled by the state.

Decentralized autonomous governments may not
establish fees for the use of regional airspace,
provincial or municipal linked to network transmissions
radiocommunication or spectrum frequencies
radioelectric.

Article 109.- Regime of use and services.
The provision of satellite capacity, the provision of
direct communications services by satellites, as well as
such as the provision of telecommunications services and
use of the radioelectric spectrum associated with satellite networks
shall be governed by the provisions of this Law, its regulations and
the respective regulations.

Article 105.- Right of way or Occupation.
Any person who owns or controls an asset or
physical infrastructure necessary for the provision of
services must allow their use by and
the telecommunications service providers that
require, equally, transparently and not
discriminatory, provided that such goods or infrastructure
are necessary for technical, economic or legal reasons.

The provision of services carried out through networks
satellite channels and the use of the radioelectric spectrum associated with
satellites will require obtaining the enabling titles
in accordance with the provisions of this Law and regulations
issued by the Agency for the Regulation and Control of
Telecommunications

Page 28

28 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
The imposition of the sanctions established in the present
Law does not exclude or limit other responsibilities
administrative, civil or criminal provided for in the
current legal system and enabling titles.

TITLE XII
BROADCASTING SERVICES
SINGLE CHAPTER
Infrastructure Installation
and Technical Characteristics

If the infractions established in this law
also constitute abuse of market power and / or
restrictive competition practices, these may
also be sanctioned according to the Organic Law of
Regulation and Control of Market Power. Nevertheless,
no two sanctions may be imposed for the same
conduct. In such case, the competent body of
substantiate and impose the respective sanction, it will be who
prevent knowledge of the cause.

Article 110.- Term to Install.
The term for installation and operation will be one year
counted from the date of subscription of the title
respective enabling; if the installation is not carried out, the
enabling title will revert to the State, complying for the
effect of the termination procedure established for the
effect.

Article 117.- First class offenses.
Article 111.- Compliance with Regulations.
to. They are first class offenses applicable to persons
natural or legal, not holding titles
enablers included in the scope of this
Law, the following:

The equipment and infrastructure of the stations
medium wave, short wave, frequency modulated,
open television and audio and video systems
subscription must be installed and operated in accordance
with the provisions of the regulations issued by the
Agency for the Regulation and Control of
Telecommunications

1. Marketing or use of equipment
terminals that have not been approved or not
comply with the authorized technical conditions.
2. Provide the Ministry of Telecommunications and
of the Information Society or the Agency for
Regulation and Control of Telecommunications
inaccurate or incomplete information on aspects
that they have requested, in accordance with
provided in this Law and its regulations.

Article 112.- Modification of the Qualifying Title.
Any modification regarding the qualifying title will be
authorized by the Agency for the Regulation and Control of
Telecommunications by administrative act, always
that it does not modify the object of the enabling title.
The subscription of a modifying title will not be required.

3. Any other breach of obligations
provided for in this Law and its Regulations; the
plans, technical standards and resolutions issued
by the Ministry of Telecommunications and
Information Society and by the Agency of
Regulation and Control of Telecommunications.

Article 113.- Sharing of Infrastructure.
Broadcasting service providers and
television, including subscription video and audio have
the obligation to share related infrastructure
with the provision of services subject to the regulations
for this purpose issued by the Regulatory Agency and
Telecommunications Control.

b. They are first class offenses applicable to
holders of qualifying titles included in the
scope of this Law the following:

Article 114.- Technical Characteristics.
1. Failure to inform the Agency for the Regulation and Control of
Telecommunications or users about
changes in rates within the established deadlines
in this Law.

The technical characteristics for the operation of the
Broadcasting services will be those approved by the Agency
Regulation and Control of Telecommunications in the
award processes, in accordance with the provisions
in the Organic Law of Communication

2. The commercialization, installation or activation of
equipment, devices or blocked terminals that do not
can be used by users whenever they want
contract the service with another provider or they cannot be
activated or used in their networks.

Article 115.- Classification.
Broadcasting and broadcast television stations are
will classify in accordance with the provisions of the Law
Organic of Communication.

3. The lack of notification about the total interruption or
partial service due to causes planned or not
scheduled, in accordance with the procedure
issued by the Agency for the Regulation and Control of
Telecommunications for this purpose or recorded in the
enabling titles.

TITLE XIII
SANCTIONING REGIME
CHAPTER I
Offenses
Article 116.- Subjective scope and definition of the
responsibility.

4. Do not refer to the Agency for the Regulation and Control of
Telecommunications the list containing the
telecommunications infrastructure inventory
installed and authorized within the terms established by the
referred entity.

The control and sanctioning regime established in this
Title will be applied to natural or legal persons who
commit the offenses typified in this Law.

Page 29

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 29
5. The commercialization or allow the use of
terminal equipment that has not been approved or
do not comply with the authorized technical conditions.

Regulation and Control of Telecommunications and
obligations incorporated in the enabling titles
that are not indicated as infractions in
said instruments.

6. If providers do not report the changes
in the economic, legal or technical conditions of the
interconnection within thirty business days.

Article 118.- Second class offenses.
to. They are second class offenses applicable to
natural or legal persons, not holders of titles
enablers included in the scope of this
Law, the following:

7. Provide the rector Ministry of the
Telecommunications and the Society of the
Information or to the Agency for the Regulation and Control of
Telecommunications inaccurate information or
incomplete on aspects that they have requested,
in accordance with the provisions of this Law and its
regulations.
8. The
installation
from
infrastructure
telecommunications, without counting
human safety, air navigation signage
and identification labels or without the
properly identified measurement.
9. Failure to observe the policies or standards established in
matter of mimicry, ordering and
burying networks.
10. Failure to notify the Agency for the Regulation and Control of
the
Telecommunications,
for the record
corresponding, the change of legal representative of
legal persons authorized to provide
broadcasting services.
11. Failure to notify the Agency for the Regulation and Control of
Telecommunications on the changes made to
the statutes of the company authorized to
provision of telecommunications services and
broadcasting.
12. Making technical changes or modifications to
stations for the provision of services
broadcasting or telecommunications networks,
when they affect the provision of the service, without
previously notify the Regulatory Agency and
Control of Telecommunications and obtain the
relevant authorization.
13. Not attending, within the deadlines established by the Agency
of Regulation and Control of Telecommunications,
capacity expansion requests made by
the providers interconnected to its network.
14. Install or change, without prior authorization, the studies
main or secondary or transmitters of a
station for the provision of services
broadcasting within the authorized area.
15. Failure to inform users of the rates applied in the
appraisal and billing of consumption of services
telecommunications.
16. Any other breach of obligations
provided for in this Law and its Regulations, the
plans, technical standards and resolutions issued by the
Rector Ministry of Telecommunications and
Information Society and by the Agency of

from

1. Obstruct the exercise of the powers of
control, audit and surveillance, by the
Agency for the Regulation and Control of
Telecommunications or deny access to your
duly identified personnel at the
facilities, equipment or documentation that said
the body deems necessary for the exercise of
said powers.
2. Cause harmful interference.
3. Not providing information or documents
provided for in this Law and its regulations or
requested by the Rector Ministry of the
Telecommunications and the Society of the
Information or the Regulation and Control Agency
of Telecommunications in the terms and
deadlines set by them.
4. Not abiding by the resolutions found in
firm in the administrative channel, issued by the
Agency for the Regulation and Control of
Telecommunications in procedures
administrative penalties.
5. The recidivism in the commission of any
first class offense within a period of
six months, counted from the declaration of the
non-compliance by the Agency of
Regulation and Control of Telecommunications
by Resolution.
b. They are second class offenses applicable to
holders of qualifying titles included in the
scope of this Law, the following:
1. Totally or partially interrupt the service, without
authorization or for reasons attributable to the provider
services, in accordance with the provisions of the
secondary regulations and qualifying titles.
2. Obstruct the exercise of the powers of
control, audit and surveillance, by the
Agency for the Regulation and Control of
Telecommunications or deny access to your
duly identified personnel at the
facilities, equipment or documentation that said
the body deems necessary for the exercise of
said powers.
3. Cause harmful interference.
4. Charge rates higher than those agreed with the
Username.

Page 30

30 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
5. Charge for services not contracted or not provided.
6. Not having information services and
assistance for the attention of claims, in accordance
with current regulations and obligations
incorporated in the enabling titles.
7. The lack of contingency plans in cases of
natural disasters or internal commotion or not
comply with the services required in cases of
emergency, such as emergency calls
free, provision of auxiliary services for
citizen security and any other service
defined as social or emergency service by
the Agency for the Regulation and Control of
Telecommunications
8. Interconnect without complying with the provisions of
interconnection agreements previously
subscribed or the provisions of the Agency
Regulation and Control of Telecommunications.
9. Carry out the interconnection without the approval of the
interconnection agreement, order or provision by
part of the Agency for the Regulation and Control of
Telecommunications
10. The subscription of service contracts with
users, using models that are not subject to
general conditions or models not approved by
the Agency for the Regulation and Control of
Telecommunications
11. Failure to comply with the objective values ​of the
quality parameters contained in the titles
qualifiers, plans, technical standards and resolutions
issued by the Regulation and Control Agency
of Telecommunications.
12. Failure to comply with the obligation to provide the
number portability in terms and
conditions established by the Agency
Regulation and Control of Telecommunications.
13. Not providing information or documents
provided for in this Law and its regulations or
requested by the Rector Ministry of the
Telecommunications and the Society of the
Information or the Regulation and Control Agency
of Telecommunications, in the terms and
deadlines set by them.
14. Condition the provision of the
telecommunications to the purchase, lease or
use of operator terminal equipment that provides
the service or the obligatory hiring of others
services offered by the same or another provider.
15. Activation of terminals reported as
stolen, including activations carried out by
distributors or any other type of
marketers authorized by an operator
telecommunications.

16. Install service transmission infrastructure
broadcasting outside the coverage area
authorized.
17. Suspension of service transmissions
of broadcasting for more than eight days, without
obtaining
previous
from
the
authorization
correspondent.
18. Unilaterally modify the terms of the
service contracts that are signed with their
users, as well as leaving blank spaces in the
signed contracts.
19. Due to failure to start operations in accordance with the
term set in the enabling title or in the
Regulation. In case you have not set a
start date, within one year from
from the granting and registration of the title
enabling, with the exception of the services of
broadcasting.
20. Not providing free access to public services
of emergency.
21. Suspend the provision of services
telecommunications without just cause, or
suspend service while in
processing a claim submitted by the user.
22. Failure to comply with the provisions and recommendations of
the audit reports made by the Agency
from
Regulation
Y
Control
from
the
Telecommunications
23. Failure to abide by the resolutions found in
firm in the administrative channel, issued by the
Agency for the Regulation and Control of
Telecommunications in procedures
administrative penalties.
24. Non-compliance with radiation regulations does not
ionizing.
25. Unjustifiably delaying or obstructing the
interconnection with other operators, prior
determination of the Agency for the Regulation of
Telecommunications
26. Unjustifiably delaying or obstructing the
infrastructure sharing with others
providers, prior determination of the Agency of
Regulation and Control of Telecommunications.
27. Failure to comply with or fully comply with the provisions
interconnection or sharing of
infrastructure issued by the Agency for
Regulation and Control of Telecommunications
in the terms and deadlines established by it.
28. Carry out the billing and appraisal, using the
rate rounding system, without observing the
effective time of use.

Page 31

Third Supplement - Official Gazette No. 439 - Wednesday February 18, 2015 - 31
29. The recidivism in the commission of any
first class offense, within a period
six months, counted from the declaration
of the breach by the Agency of
Regulation and Control of Telecommunications,
by Resolution, or when they are
semi-annual or annual compliance, in two periods
continuous.
Article 119.- Third Class Offenses.
to. They are third class offenses applicable to persons
natural or legal, not holding titles
enablers included in the scope of this
Law, the following:
1. Exploitation or use of frequencies, without obtaining
prior qualifying title or concession
corresponding, as well as the provision of
unauthorized services, of those contemplated in the
present Law.
2. Failure to comply with or fully comply with the provisions
infrastructure sharing issued by the
Agency for the Regulation and Control of
Telecommunications in the terms and deadlines
established by it.
3. Failure to comply with provisions issued by the
Agency for the Regulation and Control of
Telecommunications aimed at the cessation of
harmful interference.
4. The recidivism in the commission of any
second class offense within a period
of six months, counted from the declaration
of non-compliance by the
Regulation and Control of Telecommunications,
by Resolution.
b. They are third class offenses applicable to
holders of qualifying titles included in the
scope of this Law, the following:
1. Charge rates above the rate caps
approved by the Regulation and Control Agency
of Telecommunications.
2. Exploitation or use of frequencies without obtaining
prior qualifying title or concession
corresponding, as well as the provision of
services not authorized by providers that
have qualifying titles for other services.
3. Failure to comply with provisions issued by the
Agency for the Regulation and Control of
Telecommunications aimed at the cessation of
harmful interference.

Regulation and Control of Telecommunications,
by Resolution, or when they are
semi-annual or annual compliance, in two periods
continuous.
Article 120.- Fourth class offenses.
The following constitute offenses of this type
behaviors, applicable to holders of enabling titles
included in the scope of this Law:
1. Assign, sell, encumber or transfer in any way
the qualifying title for the provision of services of
telecommunications.
2. Carrying out operations that, in any way,
imply a change of control over the holder of a
enabling title, without having requested or obtained
prior authorization from the Agency for
Regulation and Control of Telecommunications,
sole entity authorized for this purpose in cases where
be appropriate.
3. When
the
lender
from services
telecommunications does not implement, within the term
established by the Agency for the Regulation and Control of
Telecommunications, express recommendations
issued or arranged by it to avoid or minimize
the use of your telecommunications networks and services
as a means of committing crimes.
4. The delay in payment of more than three consecutive months
of the rights, fees, contributions and others
financial obligations with the Agency
Regulation and Control of Telecommunications and with
the Rector Ministry of Telecommunications and
Information Society, as well as those
related to the fulfillment of obligations of
Universal Service, enforceable in accordance with this
Law, its regulations and what is stipulated in the titles
enabling or concession contracts.
5. The provision of services against security
national.
6. The recidivism in the commission of any infraction
third class within a six month period,
counted from the declaration of non-compliance
by the Agency for the Regulation and Control of
Telecommunications by Resolution.
7. For suspending emissions, from a service station
broadcasting for more than ninety consecutive days,
without authorization from the Regulation and Control Agency
of Telecommunications.

CHAPTER II
Sanctions

4. Cause the interruption of services provided by
other providers deliberately.
Article 121.- Classes.
5. The recidivism in the commission of any
second class offense within a period
of six months, counted from the declaration
of non-compliance by the

The sanctions for the service providers of
telecommunications and broadcasting, television and audio and
video by subscription, will be applied as follows:

Page 32

32 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
1. First class offenses.- The fine will be
between 0.001% and 0.03% of the reference amount.

In all cases, the responsibilities will not be exonerated.
administrative, civil or criminal, if any.

2. Second class offenses.- The fine will be
between 0.031% to 0.07% of the reference amount.

Article 124.- Closure of broadcasting stations.

3. Third class offenses.- The fine will be between
0.071% and 0.1% of the reference amount.
4. Fourth class offenses.- The sanction will be the
revocation of the enabling title, with the exception of
those that originate in the third class and that by
recidivism be established as fourth class in the
that the fine will be 1% of the reference amount.

The radio and television broadcasting stations that are
install and operate and use spectrum frequencies
radio for such purposes without the corresponding
qualification, and in the same way, in the case of systems of
audio and video by subscription, even if the latter are not
make use of the radioelectric spectrum, without
corresponding authorization, will be closed with the
support of the competent authority of the National Police of the
respective jurisdiction where the
station or system.

Article 122.- Reference amount.
For the application of the fines established in this Law, the
reference amount will be obtained based on income
the offender's totals for his last
Income Tax declaration, in relation to the
service or qualifying title in question.
Only in the event that the
information needed to determine the amount of
reference and such impossibility is justified, the fines will be
the following:
a) For first class sanctions, up to one hundred Wages
Unified Basics of the worker in general.
b) For second class sanctions, from one hundred and one
up to three hundred Unified Basic Wages of the
worker in general.
c) For third class sanctions, from three hundred
one to fifteen hundred Unified Basic Salaries
of the worker in general.

CHAPTER III
Sanctioning Procedure,
Measures and Prescription
Article 125.- Sanctioning power.
Corresponds to the Agency for the Regulation and Control of
Telecommunications initiate ex officio or by complaint,
substantiate and resolve the administrative procedure
destined to the determination of an infringement and, in its
case, to the imposition of the sanctions established in this
Law. The Agency shall guarantee due process and
right to defense at all stages of the procedure
sanctioner.
The sanctioning procedure established in this Chapter
may not be modified or altered by
stipulations contained in the enabling titles. On
in the event that any qualifying title contemplates such
modifications, these will be considered null and void and without any
value.
Article 126.- Opening.

d) For fourth class sanctions, from one thousand five hundred
one to two thousand Unified Basic Salaries of the
worker in general.
In case the information cannot be obtained
necessary to determine the reference amount and
justify such impossibility, for the services of
telecommunications whose title corresponds to a registry
activities, as well as broadcasting services and
television and audio and video by subscription, 5% will apply
of the fines referred to in the preceding paragraphs.

When the commission of any of the
infractions established in this Law, the Agency
Decentralized from the Agency for the Regulation and Control of
Telecommunications will issue the opening act of the
sanctioning procedure. Said act must indicate (i)
the facts that allegedly constitute the offense,
(ii) the classification of the offenses in question and
the provisions allegedly violated, (iii) the
possible sanctions that would proceed in case of
its existence verified, as well as (iv) the term for
formulate the discharges.

Article 123.- Destination of the fines.
The amounts derived from the imposition of fines
established in this Law will enter the Budget
General of the State.
When public service providers
included in the scope of this Law are
sanctioned for any of the prescribed offenses,
will exercise the right of repetition against the server
public responsible for the action or omission that generated the
imposition of the sanction. The procedure to repeat will be the
established in the current legal system.

In this opening act, the report must be attached
technical-legal that supports the same.
Article 127.- Tests.
The alleged offender may present his arguments and
discharges and provide and request the evidence you consider
necessary for their defense, within fifteen days
following the notification of the opening act of the
process. Once this period has expired, a period of
fifteen business days for the evacuation of the evidence
requested. In case of proven need for the

Page 33

Third Supplement - Official Gazette No. 439 - Wednesday February 18, 2015 - 33
evacuation of evidence by the alleged offender or
of the Decentralized Body of the Agency for
Regulation and Control of Telecommunications, it may be
extend the period for the evacuation of evidence by means of an act
duly motivated.

may refrain from imposing a sanction, in case of
first and second class offenses. This provision
it does not apply to third and fourth class offenses.

The tests allowed by the ordinance will be admitted
current legal system with the exception of the judicial confession.
Evidence that does not
are relevant due to their lack of relation to the facts or
that cannot alter the final resolution in favor of the
alleged offender.

In the exercise of its sanctioning power, it is also
must assess the following aggravating circumstances:

Article 131.- Aggravators.

1. The obstruction of the inspection work,
investigation and control, before and during
substantiation of the sanctioning procedure of the
sanctioned offense.

Article 128.- Investigation powers.
The Decentralized Body of the Agency for
Regulation and Control of Telecommunications will have
investigative powers during the procedure
sanctioner and may request all kinds of information,
including that subject to bank secrecy, or require the
collaboration of public or private entities or bodies to
the determination of the facts or the existence of the
infringement.
Article 129.- Resolution.
The Decentralized Body of the Agency for
Regulation and Control of Telecommunications, will issue
the resolution of the administrative sanctioning procedure
within twenty business days after expiration
of the evidence evacuation period.
The term to resolve may be extended for reasons
once for a period equal to that indicated in the paragraph
previous.

2. Obtaining economic benefits on the occasion of
the commission of the offense.
3. The continuing nature of the offending conduct.
Article 132.- Legitimacy, enforceability and measures
corrective.
The administrative acts that resolve the
administrative sanctioning procedures are presumed
legitimate and have enforceable force once notified. The
offender must comply with them immediately or in the
time established in said acts. In case the
offender does not voluntarily comply with the payment of the
fine imposed, the fine will be collected through the
coercive enforcement procedure, without prejudice to the
origin of new sanctions, in accordance with the
provided in this Law.
The imposition of administrative or judicial resources
against the resolutions of the proceedings
administrative sanctioning does not suspend its execution.

Article 130.- Mitigating factors.
For the purposes of graduation the sanctions to be
imposed or their correction, the following shall be considered
extenuating circumstances:
1. Not having been penalized for the same offense, with
identity of cause and effect in the nine months
prior to the opening of the sanctioning procedure.
2. Having admitted the offense in the substantiation of the
administrative sanctioning procedure. In this
case, a remedial plan must be submitted, the
which will be authorized by the Regulatory Agency and
Telecommunications Control.
3. Have fully remedied the violation in a formal manner
voluntary before the imposition of the sanction.
4. Have fully repaired the damage caused with
occasion of the commission of the offense, before the
imposition of the sanction.
In case of concurrence, duly verified, of the
extenuating circumstances 1, 3 and 4, the
Regulation and Control of Telecommunications, in the
cases in which it considers applicable, and prior assessment
of the impact on the market, the service or the users,

In addition to the sanction imposed, the
fulfillment of the obligations whose non-fulfillment
generated the appropriate sanction or corrective measures and
proportional to the breaches. For this purpose,
may even request the help and collaboration of the
public force or other public entities.
In the event that the offender, within the prescribed period, does not
comply with what is resolved in the sanctioning procedure, the
Agency for the Regulation and Control of
Telecommunications may, alternatively, execute the
resolved and recover, via coercive execution against the
offender, the expenses incurred in the
subsidiary execution.
Additionally, the repair of the
damages to third parties, such as the return of
unduly charged values ​with their respective
interest or compensation to subscribers, customers or
users due to suspension, interruption or poor quality of the
service.
Article 133.- Preventive measures.
Before or at any stage of the procedure
administrative sanctioning, may adopt measures
preventive measures, such as the order to stop a behavior,

Page 34

34 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
the order to allow access, interconnection,
occupancy or shared use, suspension of the collection of
a fee, the suspension of a service, among others.
Preventive measures should be adjusted to the intensity,
proportionality and needs of the damage claimed
avoid.
When the preventive measure is taken before the start of the
administrative sanctioning procedure, said measure
It will expire if the aforementioned procedure is not initiated in a
within fifteen business days from the date
of your notice.
Article 134.- Appeal.
The resolution of the Decentralized Organism of the
Agency for the Regulation and Control of
Telecommunications in the administrative procedure
sanctioner, may be administratively appealed in
appeal to the Executive Director of said Agency
within a period of fifteen business days of notification.
Said official will have a period of sixty business days
to solve and will do it on the merit of the cars, without further ado
Procedure. The appeal will not suspend the execution of the act
nor of the measures that have been adopted or ordered,
unless the Director so decides when the execution of the
act or measures could cause damages of impossible
or difficult repair.

with the management body of the company, will be in charge of
fulfillment of the obligations whose non-fulfillment
caused the initiation of the sanctioning procedure and
adopt the necessary measures to guarantee the
continuity of service. The intervention will last until,
at the discretion of the Agency for the Regulation and Control of
Telecommunications, and based on the reports of the
controller, the non-compliance has been remedied or
has guaranteed the continuity of services, if
Otherwise, the title will be revoked.
enabling.
Article 138.- Reversion of assets due to revocation of the
Enabling title
The revocation of the qualifying title for the provision of
a telecommunications service involves the reversal of
the assets assigned to the provision of the service in the cases
that the Agency for the Regulation and Control of
Telecommunications determines it. The resolution of
Revocation will include the order of reversal of the assets
related to the provision of the service, which will constitute a title
transfer of ownership of the goods.
To determine the amount that the State will pay to the
service provider for the reversal of the
goods related to the provision of the service, the
original value of depreciated and amortized assets,
according to accounting information declared by the provider for
the payment of income tax.

Article 135.- Prescription.
Article 139.- Disqualification.
The administrative power to impose sanctions
provided for in this Law shall prescribe within a period of five years,
counted from the commission of the offense, or in its
case, from the day on which the Regulatory Agency and
Telecommunications Control has had
knowledge of the facts constituting the offense
By Any Means. The execution of sanctions
administrative duties imposed, in accordance with
provided in this Law, shall prescribe after five years
counted from the moment they have been in
firm.

CHAPTER IV
Intervention and Reversal of Assets due to Revocation
Article 136.- Intervention.
Within the administrative sanctioning procedure for
Fourth class offenses or in the cases provided for in the
enabling titles that imply the sanction of
revocation, the Agency for the Regulation and Control of
Telecommunications may order the intervention of the
enabling title, in order to safeguard the public interest and
guarantee the continuity of the service.
Article 137.- Intervention procedure.
The Agency for the Regulation and Control of
Telecommunications will establish the procedure
administrative of the intervention, its effects and scope,
by appointing an auditor who, jointly

Page 35

Natural or legal persons who have been the object of
a fourth class sanction, in accordance with the
provided in this Law, which implies the revocation
of the qualifying title may not request or obtain titles
qualifiers to provide telecommunications services or
use the radio spectrum.

TITLE XIV
INSTITUTIONALITY FOR
REGULATION AND CONTROL

CHAPTER I
Ministry of Telecommunications and
of the Information Society

Article 140.- Rectory of the sector.
The Ministry in charge of the sector of
Telecommunications and the Information Society is
the governing body of telecommunications and society
information, computing, technology
information and communications and security of the
information. This body is responsible for
establishment of applicable policies, guidelines and plans
in such areas for the development of the society of the
information, in accordance with the provisions of the
this Law, its General Regulations and the plans for
development that are established at the national level.

from

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 35
The plans and policies issued by said Ministry must
be framed within the objectives of the National Plan for
Development and will be mandatory for both
the public and private sectors.

11. The others established in this Law, its
General Regulation and in general in the ordinance
current legal.

CHAPTER II
Regulation and Control Agency
of Telecommunications

Article 141.- Powers of the Governing Body.
Corresponds to the governing body of the sector of
Telecommunications and the Information Society:

Article 142.- Creation and nature.
1. Exercise, at the international level, the representation of the
Ecuadorian State in matters of telecommunications,
radio spectrum and information technology
and communications. The governing Ministry of the
Telecommunications and the Society of the
Information is exercised by the Administration of
Telecommunications of Ecuador before the Union
International Telecommunications (ITU) and others
International organizations.

Create the Agency for the Regulation and Control of
Telecommunications (ARCOTEL) as a legal entity
of public law, with administrative, technical,
economic, financial and own equity, attached to the
Rector Ministry of Telecommunications and
Society of Information. The Agency for Regulation and
Control of Telecommunications is the entity in charge
of the administration, regulation and control of
telecommunications and radio spectrum and its
management, as well as the technical aspects of managing
social media that use frequencies of the
radioelectric spectrum or that they install and operate networks.

2. Formulate, direct, guide and coordinate policies,
plans and projects for the promotion of
information and communication technologies and
telecommunications development, as well as
monitor and evaluate their compliance.

Article 143.- Domicile and deconcentration.
The Agency for the Regulation and Control of
Telecommunications will be based in the District
Metropolitan of Quito, without prejudice to the establishment
of offices for decentralized management in order to
promotion of administrative deconcentration,
compliance with the provisions of the legal system
current. Notwithstanding the provisions of this article,
regulatory powers may be deconcentrated.

3. Formulate, direct, guide and coordinate policies
for the proper administration and management of the
radioelectric spectrum subject to this Law.
4. Promote, in coordination with public institutions or
private, scientific and technological research in
telecommunications, information technology and
communication, as well as the execution of projects
support it.

Article 144.- Competences of the Agency.
5. Approve the Universal Service Plan and define the
telecommunications services included in the
Universal Service.

Corresponds to the Agency for the Regulation and Control of
Telecommunications:

6. Carry out the contracts and procedures that are
necessary for the fulfillment of the Service Plan
Universal and its projects and issue instructions
necessary to the Agency for the Regulation and Control of
Telecommunications for the inclusion of obligation of
universal service in qualifying titles.

1. Issue regulations, technical standards, plans
technical and other acts that are necessary in the
exercise of their powers, so that the provision of
telecommunications services comply with
provided in the Constitution of the Republic and the
objectives and principles provided for in this Law, of
in accordance with the policies issued by the Ministry
rector of Telecommunications and the Society of
information.

7. Coordinate and lead the effective use of technologies
of information and communication in agencies
public.

2. Prepare, approve, modify and update the Plan
National Frequencies.

8. Manage the assignment of orbital positions
geostationary or satellite before the Union
International Telecommunications or others
international organizations in favor of the Republic of
Ecuador.

3. Prepare the economic valuation proposals for
the allocation and use, exploitation and / or exploitation
of the radioelectric spectrum, tariffs for use of
frequencies and rights for granting and renewal
of qualifying titles.

9. Determine, for purposes of compliance with its
competences, the sectorial information to be required from
and the providers or service providers of
telecommunications.

4. Exercise control of the provision of the services of
telecommunications, including long-term service
international distance, with the purpose that these
activities and services are subject to the ordinance
legal already established in the corresponding
enabling titles.

10. Establish policies and technical standards for fixing
of rates or considerations in application of the
Articles 9 and 11 of this Law.

Page 36

36 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
5. Exercise technical control of the means of
social communication using spectrum frequencies
radioelectric or that install and operate networks, such as
those of audio and video by subscription.

20. Authorize, within the scope of its competence, the
operations that, in any way, involve a
change in control of service providers
telecommunications services, in accordance with
the provisions of this Law and its General Regulations and the
standards that it issues.

6. Control and monitor spectrum use
radioelectric.

21. Sustain and regulate the procedures for the attention of
claims for violation of subscribers' rights
and users of telecommunications services.

7. Regulate, substantiate and resolve the procedures of
granting, administration and termination of titles
enablers provided for in this Law.

22. Inspect and supervise the installation, establishment
and operation of telecommunications networks and
social media systems that
use the radio spectrum, as well as the networks of
audio and video by subscription.

8. Implement, organize and manage the Registry
Telecommunications Public.
9. Authorize the assignment, transfer or disposal of the
enabling titles in accordance with the provisions
in this Law. What is stated in this numeral does not apply
for the qualifying titles granted under the
Organic Law of Communication and its regulations
growth.

23. Require the service providers of
telecommunications any information that
deems appropriate, produced as a consequence
of the provision of services and execution of
qualifying titles within the scope of their
competencies.

10. Regulate and control the rates for the provision of
telecommunications services in accordance with
this law.

24. Evaluate and regulate the behavior of the market for
telecommunications, determine the existence of
distortions that affect competition or that violate
the rights of subscribers and users, as well as
determine the existence of providers who, individually
or jointly, they exercise market power.

11. Establish the requirements, contents, conditions,
terms and terms of the qualifying titles.
12. Establish general or particular regulations
when there are distortions to competition in the
telecommunications services or impact on
rights of subscribers or users, including rules
special to those providers who, individually or
collectively, they have market power.

25. Perform
studies
on
the
telecommunications and maintain and publish
statistics of this sector.

sector

13. Approve and register interconnection agreements and
access and order its modification whenever
necessary, in accordance with this Law.

26. Regulate the occupation of property and infrastructure of
private property for the installation of networks
telecommunications and issue rights of way and
occupation, in accordance with the provisions of this
Law.

14. Regulate interconnection and access and intervene in
such relationships, as well as issuing the corresponding
provisions in accordance with this Law.

27. Coordinate with the competent public authorities the
access and occupation of public domain property for
achieve the objectives of this Law.

15. Establish and collect economic rights for the
provision of telecommunications services and others
values ​established in this Law within the framework of its
competencies.

28. Establish the necessary regulations to guarantee
the security of communications and the protection of
personal information.
29. Regulate and control activities related to
electronic commerce and electronic signature,
conformity with the current legal system.

16. Collect the contribution for the execution of the service
universal.
17. Approve
the
equipment
terminals
telecommunications and qualify laboratories
corresponding technical certification.

from

from

18. Initiate and conduct administrative procedures
determination of infractions and impose, where appropriate,
the sanctions provided for in this Law.
19. Exercise, in accordance with the Law, the jurisdiction
coercive in all cases within its competence.

30. Exercise all other powers provided for in this
Law and that have not been attributed to the Rector Ministry
of Telecommunications and the Society of the
Information or in the current legal system.
Article 145.- Board of Directors.
The Agency for the Regulation and Control of
Telecommunications will have a Board of Directors made up of
three members who will not have a dependency relationship with
this entity. It will be made up of:

Page 37

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 37
a) The Minister in charge of telecommunications and
Information Society, or its permanent delegate,
who will preside over it and will have the casting vote;
b) The National Secretary of Planning and Development or
your permanent delegate; Y,
c) A member appointed by the President of the
Republic.
The Executive Director of the Regulatory Agency and
Control of Telecommunications will act as
Secretary of the Board and will participate with voice but without
vote.
The members of the Board of Directors or their permanent delegates
and the Executive Director of the Regulatory Agency and
Telecommunications Control must meet the
following conditions:
1. Be Ecuadorian or Ecuadorian.
2. Have a third level professional title.
3. Not be subject to a prohibition for exercise
of a public position or position.
4. Have proven experience and technical suitability and
professional in the telecommunications sector.
The members of the Board of Directors or their permanent delegates
and the Executive Director, to start their functions
must submit an affidavit of no
maintain conflicts of interest with providers of
private services, under the terms provided in
Article 232 of the Constitution of the Republic.
The Board of Directors will meet ordinarily at least one
once a month and extraordinarily, when any of
its members or the Executive Director, in a justified manner
request it. The call will be made by the President of the
Board of Directors, who will also determine the points to be discussed
in sessions. During sessions, any of the
members and the Executive Director may,
motivated, request the treatment of a matter. The
Other rules relating to the operation of the Board of Directors
They will be included in the General Regulations of this law.
Article 146.- Powers of the Board of Directors.
Corresponds to the Board of the Regulatory Agency and
Telecommunications Control:
1. Approve the general rules for the granting and
extinction of the qualifying titles contemplated in
this law.
2. Approve, modify and update the National Plan of
Frequencies.

4. Limit, at any time, the number of
concessions to be granted for the use, exploitation
and / or exploitation of the radioelectric spectrum for
telecommunications, in order to guarantee the use
rational or efficient of the radioelectric spectrum, for
economic reasons or to achieve a goal of
public interest, in which case the allocation of
frequencies of the radioelectric spectrum should
perform
through
process
competitive.

public

5. Approve the budget proforma and annual report of
the Agency for the Regulation and Control of
Telecommunications
6. Approve the Strategic Plan and the Organic Statute of
Organizational Management by Agency processes
Regulation and Control of Telecommunications.
7. Approve the regulations provided for in this Law or the
necessary for compliance and regulations
internal for the operation of the Agency.
8. Appoint the Director or Executive Director of the
Agency for the Regulation and Control of
Telecommunications of a shortlist that presents the
Chairman of the Board, and remove him from being
necessary.
9. Approve the economic rights for the granting
of qualifying titles for the provision of services and
for the use, exploitation and / or exploitation of the
radio spectrum, as well as fees for processing
established in this Law; Y,
10. The others that appear in the present Law and in the
current legal system.
Article 147.- Executive Director.
The Agency for the Regulation and Control of
Telecommunications will be directed and administered by the o
the Executive Director, freely appointed and removed
of the Directory.
With the exception of the powers expressly
reserved to the Board of Directors, the Executive Director has
full competence to issue all necessary acts
for the achievement of the objectives of this Law and the
fulfillment of the functions of administration, management,
regulation and control of telecommunications and
radio spectrum, as well as to regulate and control
the technical aspects of media management
social communication using spectrum frequencies
radioelectric or that install and operate networks, such as
video and audio by subscription.
It will exercise its powers in accordance with the provisions
in this Law, its General Regulations and technical standards,
general plans and regulations issued by the Board of Directors and,
in general, in accordance with the provisions of the
current legal system.
Article 148.- Powers of the Executive Director.

3. Approve the economic valuation for the assignment and
use, exploitation and / or exploitation of the spectrum
radio, rates and rights for granting and
renewal of qualifying titles.

Corresponds to the Director or Executive Director of the
Agency for the Regulation and Control of
Telecommunications:

Page 38

38 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
1. Exercise the direction, administration and representation
legal, judicial and extrajudicial of the Agency.
2. Approve the institutional planning of the Agency for
Regulation and Control of Telecommunications.
3. Direct the substantiation procedure and resolve
on the granting and termination of titles
enablers contemplated in this Law, both in
direct granting as through public tender,
as well as signing the corresponding titles
enabling, in accordance with this Law, its
General Regulations and regulations issued by
the Directory.
4. Approve the regulations for the provision of each of
telecommunications services, in which
will include the technical, economic, access aspects
and legal, as well as the requirements, content, terms,
conditions and terms of the qualifying titles and
any other aspect necessary for compliance
of the objectives of this Law.
5. Approve the fundamental technical plans and their
subsequent modifications.
6. Authorize the assignment, transfer or alienation of the
enabling titles in accordance with the provisions
in this Law and in the current legal system.
7. Authorize operations that, in any way,
imply a change in the control of the
telecommunications service providers,
in accordance with the provisions of this Law and its
General Regulations and the rules it issues.

15. Present projects for approval of the Board of Directors
institutional strategic plan and organic statute
by processes of the Agency for the Regulation and Control of
Telecommunications.
16. Exercise the other powers established in this
Law or in the legal system not attributed to the
Directory.

GENERAL DISPOSITION
First.- Public consultation procedure.
For the issuance or modification of plans or acts of
normative content, the Agency for Regulation and Control
Telecommunications must make inquiries
public to receive opinions, recommendations and
comments from those affected or interested, in the form
physical or electronic means. The opinions,
suggestions or recommendations made in the
public consultation procedure will not be
binding.
In all cases for the issuance of normative acts,
there will be studies or reports that justify their
legitimacy and opportunity.
The Agency for the Regulation and Control of
Telecommunications will regulate the consultation procedure
public provided in this article.

Second.- Advisory Council.

9. Appoint, hire, suspend and remove personnel
from the agency.

The Agency for the Regulation and Control of
Telecommunications, will create an Advisory Council for the
defense of the rights of users of the services of
telecommunications; its organization and operation
will be subject to the regulations issued by the
Agency for the Regulation and Control of
Telecommunications This Council is made up of:

10. Present the budget proforma and annual report
of the Agency and submit it to the approval of the
Directory.

a) A delegate from the Board of Directors of the
Regulation and Control of Telecommunications,
who will preside over it.

11. Approve internal regulations, sign contracts and
issue the administrative acts necessary for the
operation of the Regulation and Control Agency
of Telecommunications.

b) A delegate from the Ombudsman's Office.

8. Know and decide on appeals
presented against the acts issued by the
Decentralized Organism of the Agency, within the
sanctioning procedure.

12. Delegate one or more of its powers to the
officials of the Agency for the Regulation and Control of
Telecommunications.
13. Collect economic rights for the
granting of qualifying titles for the provision
of services and by the use, exploitation and / or
exploitation of the radioelectric spectrum, as well as
fees for processing established in this Law.
14. Collect the contribution for the execution of the service
universal.

c) A delegate from public companies, providers of
Telecommunications services.
d) A delegate from private companies, providers of
Telecommunications services.
e) A delegate of the users of services of
telecommunications.
The delegates mentioned in letters c), d) and e) will be
appointed through electoral colleges, organized by
the Council for Citizen Participation and Social Control,
They will not receive remuneration or allowances and will last two years
in functions.

Page 39

Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015 - 39
The recommendations issued by the Advisory Council do not
will be binding and will be limited to the scope
defense of the rights of users of services
telecommunications.
Third.- Destination of the income.
The income derived from the payment of rights generated by
the granting of qualifying titles in the field of
telecommunications and by the use of the spectrum
radioelectric, as well as the contributions established in
this Law, will enter the General Budget of the State,
with the exception of fees for administrative services.
Similarly, the remaining balances of the subscribers or
customers, from recharges, whose return does not
has been requested within a period of ninety days from
from the generation of the cause for return, they will be
transferred by the service provider to the Budget
General of the State, when the relationship ends
contractual provision of the service, in accordance with
the procedure issued by the Regulatory Agency and
Control of Telecommunications for this purpose.
Fourth.- Construction and deployment of infrastructure.
The Rector Ministry of Telecommunications and
Information Society will establish the policies,
provisions, schedules and criteria for the
underground networks and infrastructure
telecommunications.
Any construction of public works or projects in the
that the Central Government request removal and relocation
of public utility facilities and that has as
zone of incidence or affectation the areas included in the
underground plan and ordering of networks and
telecommunications infrastructure, must be buried or
sorted.
As of the entry into force of this Law, all
road and urban development and housing projects must
obligatorily foresee the construction of pipelines and
cameras for burying networks and infrastructure
telecommunications, in accordance with the provisions of
the Organic Code of Territorial Organization,
Autonomies and Decentralization (COOTAD) and this Law.

TRANSITORY DISPOSITIONS
First.- The qualifying titles for the provision of
telecommunications services provided before the
issuance of this Law will remain in force
until the expiration of the term of its duration without
need to obtain a new degree. Nevertheless,
telecommunications service providers
must comply with all obligations and provisions
contained in this Law, its General Regulations, plans,
rules, acts and regulations issued by the Agency for
Regulation and Control of Telecommunications. In case
of contradiction or divergence between what is stipulated in the
enabling titles and the provisions of this Law and
its General Regulations, including the acts derived from
its application, these provisions shall prevail.

Second.- The qualifying titles whose granting is
are in progress at the time of promulgation of the
This Law will be processed following the procedures
provided for in the previous legislation before the Agency of
Regulation and Control of Telecommunications. Not
However, the Agency for the Regulation and Control of
Telecommunications
will establish
the
contents,
conditions, terms and terms of said titles, of
in accordance with the provisions of this Law.
Third.- The administrative trials initiated with
Prior to the promulgation of this Law,
They will be processed by the Regulation and Control Agency
of Telecommunications following the procedures
provided for in the previous legislation and the
sanctions in force on the date of the commission of the
infringement.
Fourth.- The President of the Republic, within the period of
one hundred and eighty days, will issue the General Regulations of the
present Law.
Fifth.- The Agency for the Regulation and Control of
Telecommunications, within a period of one hundred and eighty
days counted from publication in the Registry
Official of this Law, will adapt formal and
materially the secondary regulations issued by the
CONATEL or the defunct CONARTEL and will issue the
regulations, technical standards and other regulations
provided for in this Law. In those aspects that are not
oppose this Law and its General Regulations, the
regulations issued by the National Council of
Telecommunications will remain in force, while not
are expressly repealed by the Agency for
Regulation and Control of Telecommunications.
Sixth.- The Board of the Regulatory Agency and
Control of Telecommunications, with the purpose of
maintain continuity of regulatory activities,
administration, management and control, will approve a structure
temporary agency of the Agency, under the names that
correspond to the new institutionality.
Until the Executive Director of the
Agency, the Minister of Telecommunications and
Information Society will exercise these powers.
Seventh.- The servers and workers who came
serving in the Superintendency of
Telecommunications, the National Council of
Telecommunications and the National Secretariat of
Telecommunications become part of the payroll of
the Agency for the Regulation and Control of
Telecommunications, preserving your rights to
compliance with the law. In one hundred and eighty business days, the
Agency for the Regulation and Control of
Telecommunications will carry out an evaluation process,
rationalization and selection of human talent and, if the
case, it will delete unnecessary posts and perform the actions
necessary in accordance with the provisions of the Law
Public Service Organization, its General Regulations and the
applicable standards.
Eighth.- Within a period of up to one hundred and eighty days,
counted from the publication of this law in the
Official Registry the natural persons possessing

Page 40

40 - Third Supplement - Official Gazette No. 439 - Wednesday, February 18, 2015
qualifying titles of the audio and video service by
subscription, may be constituted in a commercial company
which, with prior authorization from the Regulatory Agency and
Control of Telecommunications, will become the owner of
said authorization under the terms and deadlines provided in the
original title in the name of the natural person, for such
effects, the Agency will prepare the respective regulation.
Ninth.- The operating companies CONECEL SA and
OTECEL SA, within a period of ninety days from
as of the date of publication of this Law in the
Official Registry, having as a precedent the
resolutions issued by the extinct Superintendency
Telecommunications related sanctions
imposed by “charging their subscribers for the provision of
cellular mobile phone service, rates with billing
rounded to the next minute, that is,
for time not actually used by users ”and
faced with the impossibility of returning at the request of each
paid what was improperly charged, they must transfer
said values ​plus legal interests to the Agency of
Regulation and Control of Telecommunications, in order to
that they enter the General Budget of the
Condition.
The Agency for the Regulation and Control of
Telecommunications will arbitrate the measures that are
necessary in order for this provision to be fulfilled
without delay.

REPEALING PROVISIONS
First.The Special Law on
Telecommunications and all its reforms and the Regulations
General to the Special Telecommunications Law
Reformed, the Broadcasting and Television Law and its
General Regulations, as well as the provisions
contained in regulations, ordinances and other standards
that oppose this Law.
Second.- Constituent Mandate No. 10 is repealed,
published in the Official Gazette Supplement 348, of 29
May 2008, and the Organic Reform Law to the
Constituent Mandate No. 10, published in the
Supplement to Official Registry No. 37, of 30 of
September 2009.

FINAL PROVISIONS
First.- The Superintendency of
Telecommunications, the National Council of
Telecommunications (CONATEL) and the National Secretariat

of Telecommunications. Budget items,
movable and immovable property, assets and liabilities, as well as
the rights and obligations derived from contracts,
national and international conventions and instruments
corresponding to said entities, they pass to the Agency of
Regulation and Control of Telecommunications.
The rights and obligations derived from contracts,
national and international conventions and instruments
related to spectrum use planning
radio, as well as the development of the National Plan
of Frequencies, are assumed by the Agency of
Regulation and Control of Telecommunications.
Second.- The Superintendent of Telecommunications and the
or the National Secretary of Telecommunications, in
application of the provisions of the First Final Provision,
will cease to function as of the publication of the
this Law in the Official Registry; for this reason, it is declared
the period for which they were appointed has concluded.
Third.- The representation of the Ecuadorian State before the
International Telecommunication Union (ITU) is
assumed by the Rector Ministry of the
Telecommunications and the Information Society, the
that will have technical-regulatory advice from the
Agency for the Regulation and Control of
Telecommunications, for which purpose the
relevant coordination.
Fourth.- The Agency for the Regulation and Control of
Telecommunications will exercise the functions of
regulation, control and administration attributed to the Board
National Telecommunications, Superintendency
of Telecommunications and National Secretariat of
Telecommunications in the Electronic Commerce Law,
Electronic Signatures and Data Messages, their Regulations
General and other regulations.
Fifth.- This Law shall enter into force as of its
publication in the Official Registry.
Done and signed at the headquarters of the National Assembly,
located in the Metropolitan District of Quito, province of
Pichincha, on the tenth day of February, two thousand
fifteen.

f.) GABRIELA RIVADENEIRA BURBANO,
Chairwoman.

f.) DR. LIBIA RIVAS ORDÓÑEZ, Secretary General.

The Official Registry is not responsible for errors in spelling, grammar, background and / or form that contain the
published documents, said documents sent by the different institutions for their promulgation, are transcribed
faithfully to its originals, the same that are on file and are our endorsement.

