- a)Obligations of telecommunications operators and providers.
- i)Design of public networks: public networks must be designed in accordance with technical, legal, and economic conditions that allow their interoperability. For this purpose, they shall be subject to the fundamental technical plans for numbering, signaling, transmission, synchronization, and interconnection, which shall be mandatory for network design.
- ii)Supply of information: submit to Sutel the reports and documentation it requires, under the conditions and with the frequency it indicates, and which are essential for the fulfillment of the powers and obligations established in the Law.
- b)Obligations of significant operators or providers:
(Sinalevi Note: In accordance with point 16 of resolution RSC-262-2016 of November 23, 2016, "Review of the retail international telephony market, analysis of the degree of competition in said market, declaration of significant operators, and imposition of obligations," it was indicated to eliminate the retail international telephony service from the list of relevant markets subject to ex-ante regulation, under the terms defined in Article 75, subsection b) of Law No. 7593.)
(Sinalevi Note: In accordance with point 5 of resolution RSC-191-2017 of July 7, 2017, "Review of the wholesale local loop unbundling service market, analysis of the degree of competition, declaration of significant operator, and imposition of obligations," it was agreed to eliminate the "Wholesale local loop unbundling service" from the list of relevant markets subject to ex-ante regulation, under the terms defined in Article 75, subsection b) of Law No. 7593.)
(Sinalevi Note: In accordance with point 15 of resolution RSC-248-2017 of September 18, 2017, "Review of the retail mobile telecommunications services market, analysis of the degree of competition in said market, declaration of the significant operator and/or operators, and imposition of obligations," it was agreed to eliminate the "Retail mobile telecommunications services" from the list of relevant markets subject to ex-ante regulation, under the terms defined in Article 75, subsection b) of Law No. 7593.)
(Sinalevi Note: In accordance with point 5 of resolution RSC-266-2018 of July 26, 2018, "Review of the retail business connectivity services market, analysis of the degree of competition, determination of the significant operators and providers in said market, and imposition of obligations on said operators and providers as applicable," it was agreed to eliminate the "Retail business connectivity service" from the list of relevant markets subject to ex-ante regulation, under the terms defined in Article 75, subsection b) of Law No. 7593.)
(Sinalevi Note: In accordance with point 4 of resolution RCS-297-2018 of September 6, 2018, "Review of the wholesale international capacity access and transport service market, analysis of the degree of competition in said market, and according to what is appropriate, determine the significant operator and provider and impose the corresponding obligations," it was agreed to eliminate the "Wholesale international capacity access and transport service" from the list of relevant markets subject to ex-ante regulation, under the terms defined in Article 75, subsection b) of Law No. 7593.)
(Note from Sinalevi: In accordance with point 4 of resolution RSC-339-2018 of October 24, 2018, "Review of the wholesale dedicated lines market, analysis of the degree of competition, determination of important operators and providers in said market, and imposition of obligations on operators and providers, as applicable," it was agreed to remove the "Wholesale dedicated lines service" from the list of relevant markets subject to ex-ante regulation, under the terms defined in Article 75, subsection b) of Ley N° 7593.)
i. Make public the information that it requests, which must be sufficient, clear, complete, and precise.
ii. Keep separate cost accounting for each service, in accordance with the regulations.
iii. Refrain from engaging in the monopolistic practices indicated in the corresponding sectoral competition regime or in the Law for the Promotion of Competition and Effective Consumer Defense.
iv. Submit to the corresponding tariff regime.
v. Provide free access to its networks and to the services provided over them, in a timely manner and under reasonable and non-discriminatory conditions, to providers and users of telecommunications services, to generators and receivers of information, and to providers and users of information services.
vi. Provide other operators and providers with services and information of the same quality and under the same conditions as that which it provides to its subsidiaries or associates and to its own services.
vii. Facilitate timely access to its essential facilities and make available to operators and providers relevant technical information regarding these facilities, as well as fulfill the obligations inherent to the access and interconnection regime.
viii. Refrain from disclosing or improperly using competitors' information acquired when providing interconnection, lease, or access to its essential facilities.
ix. Require them to offer access to network elements, on an unbundled basis and under terms, conditions, and tariffs that are cost-oriented, reasonable, non-discriminatory, and transparent, for the supply of telecommunications services available to the public, in accordance with what is indicated by regulation. The calculation of prices and tariffs shall be based on the costs attributable to the provision of the service and infrastructure, which must include a profit in real terms, no less than the national or international industry average; in the latter case, with comparable markets in the telecommunications industry.
x. Supply a sufficiently detailed Reference Interconnection Offer (Oferta de Interconexión por Referencia, OIR), containing the points of access and interconnection and the other technical, economic, and legal conditions that serve as a reference framework for the establishment of interconnection agreements or resolutions by Sutel. The OIR must be approved by Sutel, which may make modifications, amendments, or clarifications for the fulfillment of the principles and objectives of this Law.
xi. The other functions established by this Law.
In duly justified circumstances, Sutel may impose these obligations on other operators of public networks and providers of telecommunications services available to the public.