Operators must comply with Anatel’s determination before applying sanctions to consumers
Anatel published on Monday (18) an interim in the Official Gazette stating that broadband companies still do not apply penalties to consumers after the exhaustion of the franchise until certain conditions are met. The agency asks, among other things, that operators clearly define the limits of traffic in their advertisements with the same emphasis to price or connection speed.
The measure was sent to the Algar companies, Hi, Cable Telecom, Claro, NET, Sky, Vivo, TIM and Sercomtel. Until the rules are met, Anatel determined that the operators do not practice “speed reduction, service suspension or recovery of excess traffic after the exhaustion of the franchise, even if such actions meet forecast membership contract or service plan “.
For franchises are adopted, operators need to inform users that provide a tool to monitor the consumption, the detailed usage history, receive notifications when the limit is being approached and compare prices. In addition, companies are required to educate their employees about the data deductibles and inform its application to consumers.
Operators are prevented from imposing sanctions on the users for the next 90 days – before the broadband companies can limit the connection of subscribers, it is necessary that Anatel recognizes the fulfillment of all conditions. The penalty for those who violate the determination is $ 150,000 per day, up to the limit of R $ 10 million.
It is important to remember that Anatel is not forbidding the consumption limits. The competition superintendent of the agency, Carlos Baigorri, uses the same argument for operators to defend the franchise, saying that “those who consume less paid by those who consume more.” Anatel also said that operators can apply the changes even for old contracts, provided that advise customers at least 30 days in advance.
Broadband companies only need to meet the agency’s determinations. Some operators, such as .NET, already comply with some, such as providing consumer tracking tool. In the case of Vivo, as the application of the franchise should take place only in 2017, in practice, nothing changes for customers who signed contracts after February (ADSL) or April (fiber optic): provided that the operator complies with the requirements, it is authorized to slow or block the connection of which have reached the limits disclosed above.