LATAM Profiles Cullen July 2013

LATAM Telecoms Profiles
Published on Tue Oct 22 00:00:00 UTC 2013 by Elena Scaramuzzi
Argentina
TELECOMMUNICATION LEGISLATION
Telecommunications Law of 1972, amended in 2000

Telecommunications Law 19798 of 1972
Decree 660/96 (art. 31) establishes the National Communications Commission
(CNC) as NRA.
Decree 1626/96 approves CNC structure and Resolution 2065/99 sets CNC
functions
Decree 764/2000 liberalises the sector
NCA
CNDC
Competition authority (NCA):
Secretariat for Internal Commerce ( SCI – former Secretariat for Technical
Coordination), within the Ministry of Economy.
Secretary: Guillermo Moreno, appointed in July 2006.
The SCI is the executive authority charge of enforcing competition law in
telecommunications´ markets. SCI hears an advisory body, CNDC (see below),
delivering non binding opinions in competition cases.
National Commission for the Defence of Competition ( CNDC), within SCI
President: Ricardo Alberto Napolitani, appointed in August 2008.
Legislation:
Antitrust Law 25156 of 1999, as amended by Decree 396/2001
Law constituting and governing the NCA: Law 22262 of 1980.
NB Law 25156 foresees the creation of a new antitrust advisory body, the National
Tribunal for the Defence of Competition (TNDC), which has not been set up yet. In the
interim, TNDC responsibilities are exercised by CNDC.
Decision making bodies:
CNDC is an advisory administrative body, including five members (four commissioners
and a chairman). It does not have independent enforcement powers. It submits
non-binding recommendations (endorsed in most cases) to SCI, who is ultimately in
charge of adopting decisions on antitrust matters (subject to judicial review).
This document has been generated by Ezequiel Dominguez for internal use only
© Cullen International December 2013
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NB TNDC would be composed of seven members appointed by the President of the
Republic following a public competitive selection process. Once it is formed, TNDC
decisions will not be amendable by the government.
Appointment/dismissal:
By the government.The chairman is appointed by the President of the Republic, for an
undefined term. Commissioners are appointed for a four-year term. Two commissioners
must be lawyers and the other two economists (the post of fourth commissioner - an
economist - is currently vacant).
Responsibilities:
carry out investigations (upon request or of its own accord) and submit non-binding
recommendations on:
market investigations
mergers and acquisitions
anticompetitive practices.
Adopt interim measures such as seizure of goods (without judicial order for public
places) or issue measures to stop a service.
However, the SCI controls antitrust practices.

Interaction with NRA on telecom-related issues:
CNDC can submit sector specific recommendations to promote competition ( Law
25156 art. 24G). CNDC must ask SeCom and CNC for a non-binding opinion or a
report on mergers affecting telecommunications markets. If SeCom or CNC do not
respond within 15 working days, it means it does not object to the merger ( Decree
396/2001).
Examples of CNDC opinions in telecommunications cases:
acquisition by Telefónica of an indirect stake in Telecom Italia that, in turn, controls
indirectly Telecom Argentina, a competitor of Telefónica Argentina (2009). The
transaction was approved after CNDC recommended SCI to accept Telco and
Telecom Italia-Werthein undertakings (2010)
withdrawal of the authorisation of Cablevision/Multicanal merger because
conditions imposed to clear the merger were not fulfilled
recommendation on mobile services to SeCom regarding the system of payment
called ‘Calling Party Pays’ and the implementation of number portability (2001).
MINISTRY
Communications Secretariat (SeCom)

Communications Secretariat ( SeCom), within the Ministry of Planning, Public
Investment and Services ( Decree 1142/2003)
Secretary: Norberto Berner, designated in March 2013
Responsibilities:
develop, propose and implement policies, and ensure that these policies are
applied
review the applicable regulatory framework
issues telecommunications´ licences
regulation of taxation of telecommunications activity
spectrum assignment and approval of national frequency plan
enforce telecommunications laws and regulations
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approve major technical plans
decide on appeals filed against CNC resolutions.
Interaction with NRA:

CNC is an administrative body under SeCom´s supervision. In many instances, CNC
will give a non-binding opinion on issues to be decided by SeCom.
CONSUMER PROTECTION
Subsecretariat for consumer defence

Consumer protection legislation:
Law 24240 of 1993 (as amended by Law 26361 of 2008)
Authority in charge of protecting consumers:

Sub-Secretariat of Consumer Defence, within SCI
Sub-Secretary: Maria Lucila Colombo
How do consumers protect their interests? Whom can they address to?
According to Resolution 37/2003, mobile operators must notify all retail offers to the
sub-secretariat on a monthly basis.
Consumers can choose to file complaints through a conciliation or arbitration
procedure.
CNC also solves consumer claims about fixed, mobile and internet services, after the
user files its claim to the service provider and this is not resolved satisfactorily.
Contacts
Telecommunications operators’ associations:
CICOMRA (chamber of commerce of communications and IT)
CABASE (chamber of ISPs)
Consumer associations:
USUARIA (association of communications and IT users)
NRA
CNC
National Communications Commission ( CNC)
Controller: Ceferino Namuncurá, appointed in June 2004; designation renewed until
Dec. 10, 2013.
CNC is a decentralised body of the Communications Secretariat (SeCom) and was
formed through the merger of the National Telecommunications Commission (CNT,
created by Decree 1185/90) and the National Post and Telegraph Commission (CNCT).
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CNC is intervened by the government since 2002 and for as long as the Economic
Emergency Law 25561 of January 2002 is in force ( Decree 521/2002, amended by
Decree 623/2011). Previously CNT was also intervened by the government in 1992 (
Decree 136/92), a year after its creation as NRA. The current controller designated by
the government is Mr. Ceferino Namuncurá, who concentrates the powers and duties of
the board. In March 2009, Ricardo Moreno was appointed deputy controller ( Decree
126/2009).
Otherwise, CNC is managed by a board of directors with eight members, including a
president and two vice-presidents. It is organised in: one engineering department, one
control department, legal department, international and institutional relations
department, administration of resources department and postal services department.
Current controllers and board members are designated and dismissed by the President
of the Republic. The dismissal of board members requires a previous accusatory
opinion of the National Auditing Commission ( SIGEN) and the summary reasoning by
the general attorney of the Treasury ( PTN) ( Decree 1185/90, art. 18). Appointments of
board members are for five years, renewable for one term only.
Responsibilities:
apply, interpret, and ensure compliance with telecommunications regulations
manage radio spectrum and satellite orbits and authorise the use and installation
of telecommunications satellite systems
assist SeCom in drafting and updating the technical telecommunications plan and
general rules in its competence areas
assist SeCom in drafting general telecommunications regulation
supervise compliance with licence commitments regarding service, investments,
etc.
standardise telecommunications equipment
surveil interconnection contracts and solve interconnection disputes upon request
prevent anti-competitive, monopolistic and discriminatory behaviour. In this case, it
can ask for the intervention of the national competition and consumer authorities
control and supervise the provision of telecommunications services, including the
conditions imposed by service providers on the end users
control compliance with quality and technical compatibility obligations imposed on
the public telecommunications network.
solve end user claims (without prejudice to judicial action)
collect taxes and duties related to telecommunications activities and assist SeCom
in establishing these
impose fines foreseen in licences, authorisation, permits and regulations
Decision making criteria (voting):

Majority (the president has a quality vote in case of draw)
Budget: ARS 1,071m (US$216m) in total in 2013. In 2012 the budget was of ARS
1,054m (US$212m) , including ARS 358m (US$72m) for expenses)
CNC’s budget is proposed by the Ministry of Economy and approved by the National
Congress.
Staff: over 1000 employees in 2013
Annual report: 2011 (2012 not yet available)
Appeals to NRA decisions:
First level
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CNC decisions may be appealed before CNC itself (via ‘recurso de reconsideración’ or
‘recurso jerárquico’ to be resolved by SeCom, according to Decree 1185/90). SeCom
resolutions must be appealed before the Ministry of Planning.
Second level
Judicial review of CNC or SeCom decisions, once the administrative procedures have
been exhausted ( Law 19549 and Decree 1759/72).
INSTITUTIONAL MILESTONES
Argentina Conectada Plan Designation of CNC controller

Norberto Berber was appointed as Secretary of Communications in March 2013.
Controller of CNC: mandate of Ceferino Namuncurá renewed until Dec. 10, 2013.
The government mandated the deployment of Arsat’s new ‘Wireless Federal
Network’ (within the framework of the national telecommunications plan, Argentina
Conectada) and declared it as being of public interest on December 13, 2012.
COMPETITION FRAMEWORK
Antitrust Law of 1999

Definition of dominance
How is it defined in the legislation?
When an enterprise is the only supplier or buyer in a market, when it is "not exposed to
substantial competition" or when "because of vertical or horizontal degree of
integration" the enterprise is able to exclude a competitor or participant from the market.
The reference to "horizontal"integration is interpreted to refer to a situation in which
multiple enterprises have a single owner or group of owners.
Thresholds? Assessment criteria?
Dominance assessment is based on:
the degree of substitution for the relevant product or service by other products or
services from domestic or foreign sources
barriers to entry in the relevant market
the extent to which an enterprise can unilaterally set prices or restrict output.
The law forbids the abuse of a dominant position (not the existence of a dominant
position itself) when it can damage the general economic interest. The concept of
abuse is not defined in the law and there is no presumption of dominance based on
market shares.
Law 25156, art. 1: "Acts and behaviours that are related to the manufacture or
interchange of services and goods shall be forbidden if such acts or behaviours are
intended to limit, restrict, simulate or distort either competition or access to the market;
or constitute an abuse of a dominant position."
Who files complaints for abuse of dominant position, and how?
An investigation can begin either as a result of a complaint lodged to CNDC (most
cases) or by CNDC of its own accord or at the request of SCI.
Merger control rules

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Legal basis:
Antitrust Law 25156, sections 6, 7 and 8
Economic concentrations include: company mergers; transfer of ongoing concerns;

acquisition of ownership of capital stock or bonds that may allow the purchaser to
influence the issuer’s decisions; or any transfer of the assets of a company that grants
any strategic influence on the financial decision-making processes of a company.
Economic concentrations that restrict or distort competition, resulting in harm to the
general interest, are forbidden.
Thresholds and criteria obliging request of prior authorisation:
Mergers and acquisitions shall be notified when the total turnover of the parties to the
concentration exceeds ARS 200m (US$48.5m).
Authorisation from whom?
SECI
Procedure and timing:
CNDC must adopt a non binding recommendation within 45 working days of the
notification. If CNDC does not adopt a recommendation within this deadline, it is
presumed that it does not oppose to the merger. In any event, the final decision is
adopted by SCI. If a merger or acquisition affects telecommunications markets or
activities CNDC must request the prior opinion of CNC. CNC shall issue a non binding
opinion within 15 working days.
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Brazil
Telecommunications General Act (LGT) of 1997

Telecommunications General Act (LGT), Law 9472 of July 16, 1997. The Law
establishes Anatel as NRA with "administrative and financial autonomy, and
absence of hierarchical subordination".
Anatel regulation: Decree 2338 of Oct. 7, 1997
Anatel functioning and organisation: Anatel Res. 612/2013
NCA
CADE
Administrative Council of Economic Defence ( CADE)
President: Vinicius Marques de Carvalho, appointed on May 29, 2012
Legislation:
Competition Law: Law 12,529 of Nov. 30, 2011, replacing Law 8884 of June 11,
1994
Law constituting and governing the NCA: Law 4137 of Sep. 10, 1962 (revoked by
Law 8883 of 1994) and Law 9021 of March 30, 1995
Statute of the CADE (last revised on May 29, 2012)
Decision making body:

Plenary, composed of seven members, including the President. See organisation chart
Appointment/dismissal of the Plenary members:
Appointment by the President of the Republic, after binding approval by the Senate, for
a four year mandate (not renewable). Eligibility criteria include: at least 30 years of age,
legal and economic competence. Dismissal of a CADE plenary members or president
before the expiry of their term is only foreseen in case of resignation, final criminal
judgment, or for disciplinary reasons. The order of dismissal must be approved by the
Senate, upon request from the President of the Republic. A member of the plenary is
automatically dismissed if he/she does not attend three subsequent meetings or twenty
non-subsequent meetings.
Responsibilities:
Prevent, detect and eliminate anticompetitive conduct
analysis and approval of concentrations
detection and control of abuse of dominance and of anticompetitive practices and
agreements.

Majority (at least 4 members attending the voting session, and 3 votes required to adopt
a decision).

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Anatel instructs cases to be decided by CADE in the telecommunications sector.
MINISTRY
Ministry of Communications
Ministry of Communications ( MC)
Created by Decree-Law No. 200 of February 25, 1967
Minister: Paulo Bernardo Silva, appointed on Jan. 1, 2011
Competencies: Telecommunications, Media and Postal sectors
Responsibilities:
definition of national telecommunications policies
regulation of taxation of telecommunications activity
control over use of radio spectrum
management of the national broadband plan
Annual report: 2012

In general, informal cooperation.
CONSUMER PROTECTION
DPDC
Law 8078 of Sep. 11, 1990
Law 6523 of July 23, 2008 regulating the 1990 consumer protection law
Law 2181 of March 20, 1997

Ministry of Justice, Department for Consumer Protection ( DPDC).
How do consumers protect their interests? Who deals with consumer complaints?
Consumers can file complaints to consumer protection offices at state and municipal
level ( Procons)
Contacts
Telecommunications operator associations:
Abrafix - Association of fixed concession holders
Acel - Association of mobile operators
Telcomp - Association of competitive telecommunications providers
Telebrasil - Members of this association are operators, vendors and other associations
Pro Teste - Brazilian association for consumer protection
Abusar - Association with focus on telecommunications

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Abusar - Association with focus on telecommunications
IDEC - Brazilian institute for consumer protection
NRA
ANATEL
Agência Nacional de Telecomunicações ( Anatel)
President: João Rezende, appointed on November 7, 2011 until November 5, 2013
Managing Council of Anatel. It is composed of five members, including the president.
The Council mainly acts through resolutions, legal interpretations and decisions on
contentious matters.
Other acts - like administrative acts or public consultations - can be adopted by Anatel’s
six superintendences (all reporting to the president of Anatel). See Anatel organisation
chart.
Council members are appointed by the President of the Republic, after binding approval
of the Senate, for a five year mandate (renewable).
Eligibility criteria include: Brazilian citizenship, university education, no conflict of
interest (no significant stake in a telecommunications company, i.e. no more than 0.3%
of voting capital, or in a company making at least 10% of its turnover from sales to
telecommunications companies).
Dismissal of an Anatel Council member before the expiry of its term is only foreseen in
case of resignation, final criminal judgment, or for disciplinary reasons.
Responsibilities:
implementation of the national telecommunications policy
regulation of the provision of telecommunications services
regulation and management of radio spectrum and satellite orbit use (including
approval of the spectrum allocation plan)
certification and homologation of telecommunications terminal equipment
compliance with consumer rights regulations
control and prevention of economic abuse in the telecommunications sector,
including the analysis of concentrations, without prejudice to the powers of the
NCA (Administrative Council of Economic Defence).

Majority (at least 3 votes required to adopt a decision). Council members are obliged to
vote and to take part in the voting sessions (unjustified absence from voting sessions
for more than 30 days can be subject to sanctions).
Budget: BRL 465m (US$ 236m) in 2012
Anatel’s main financial resources come from the Telecommunications Inspection Fund -
FISTEL, created by Law No. 5070 of July 7, 1966, which is exclusively managed by
Anatel. The fund receives payments made by telecommunications operators for
inspections, the grant of concessions and authorizations and for the use of radio
frequencies.
Staff: 1,583 people ( Dec. 31, 2012)
Annual report: 2012

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First level
Decisions of Anatel Managing Council can be appealed to the Managing Council itself
(reconsideration).
Appeals against administrative decisions adopted by Anatel´s directorates are filed to
the higher hierarchical authority. Suspension of decisions can however be decided only
by the Managing Council of Anatel.
Second level
Judicial review of Anatel decisions before civil courts.
Revised competition law Anatel restructuring

Revised competition law adopted in November 2011
Anatel approved internal restructuring to modernise the regulator´s organisation
National broadband plan (PNBL) 2010-2014 under review at the Ministry of
Communications
João Rezende mandate as President of Anatel expires in November 2013
Competition Law of 1994

One or more undertakings are able to unilaterally modify the market conditions or
control at least 20% of the relevant market (art. 36, Law 12,529 of 2011)
20% market share. The threshold is established by law. It can be modified by CADE in
specific sectors of the economy
Any interested party may ask for the detection and suppression of an abusive conduct.
Complaints are filed to the Ministry of Justice. In addition to mandate the suppression of
the abusive conduct, possibility to impose fines up to 20% of the gross turnover of the
undertaking involved or, in case this criterion is not applicable a fine of up to BRL 2bn
(US$1.1bn).
Legal basis:
Competition Law: Law 12,529 of Nov. 30, 2011

At least one of two entities involved has a national turnover exceeding BRL 400m
(US$222m) and at least another entity has a national turnover of BRL30m (US$16.6m)
CADE (following instruction of the case by Anatel in the case of concentrations in the
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CADE (following instruction of the case by Anatel in the case of concentrations in the
telecommunications sector)
Prior notice: The transactions must be submitted to CADE before their implementation
being otherwise subject to invalidation and fine up to BRL 60m (US$ 33m).
The merger control procedure has to be concluded in 240 days. Possibility to extend
this term to further 60 days if requested by the parties to the transaction, or 90 days, if
requested by a court´s reasoned decision.
Instruction by Anatel. Within 30 days, Anatel refers a non binding opinion to CADE,
which adopts a final decision. CADE may adopt interim measures before its final
decision on a notified merger.
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Chile
General Telecommunications Law of 1982 (GTL) amended in

1994
General Telecommunications Law 18168 (GTL) of 1982
Decree 1762 of 1977 established Subtel as NRA, within the Ministry of Transport
and Telecommunications (MTT).
NCA
TDLC FNE
Free Competition Defence Court ( TDLC) and National Economic Prosecutor ( FNE
)
President of TDLC: Tomás Menchaca Olivares, appointed in May 2010 (until 2016).
FNE: Felipe Irarrázabal Olivares, appointed in April 2010.
Legislation:
Competition Law Decree 211 of 1973
Unfair Competition Law 20169 of 2007
Law 19911 of 2003 created TDCL, which was set up in May 2004.
TDLC resolves issues relating to competition matters. It cannot act on its own accord
but at the request of FNE or particulars.
The board of TDLC has 5 members including a president. It also has four deputy
members. See TDLC organisation.
Decision making criteria (voting)
Qualified majority (at least three votes required and, the president has a quality vote in
case of draw).
TDLC president is a lawyer designated by the President of the Republic out of a list of
five nominees selected by the Supreme Court through public competition. The other
four members, two lawyers and two economists, are designated by the Central Bank
(council of governors) through public competition and by the President of the Republic.
The deputy members are selected by the President of the Republic and the Central
Bank from the same lists of nominees. All candidates must be experts in competition
issues.
Members are elected for a term of six years, and may serve more than one term.
During their terms, they can only be removed for cause. Neither public servants nor
officers or employees of publicly held corporations (or their affiliates) are eligible.
Responsibilities of TDLC:
solve cases in connection with anti-competitive practices

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solve cases in connection with anti-competitive practices
propose the modification or abolition of laws or regulations that create competition
problems
investigate proposed mergers, in order to assess whether they impair, restrict or
eliminate free competition within the relevant market.
issue binding orders (injuctions) to entities found to have infringed competition law
issue "general instructions" (which are binding rules to all members of an industry
to act in particular ways in order to avoid restraining free competition).

Subtel acts as technical advisor to TDLC and/or FNE in competition matters that affect
telecommunications.
When TDLC considers that a given telecoms market is not competitive and that tariffs in
that market should be regulated, MTT and the Ministry of Economy must jointly issue a
tariff decree setting maximum tariffs and associated formulas based on a efficient
operator standard for services offered by dominant providers.
In some instances, MTT is directly entitled to control and supervise anticompetitive
conduct ex post when such conduct is expressly forbidden in the general
telecommunications law or in telecommunications regulation (e.g. the general
telecommunications law prohibits discrimination in the context of interconnection).
MINISTRY
Ministry of Transport and Telecommunications

Ministry of Transport and Telecommunications ( MTT)
Minister: Pedro Pablo Errázuriz Domínguez appointed in January 2011
Responsibilities :
MTT performs its responsibilities in the field of telecommunications through Subtel (see
above).
Annual reports: 2012
The NRA, Subtel, is an administrative division within MTT.
CONSUMER PROTECTION
SERNAC
Law 19496 of 1997, as amended by Law 19955 of 2004 and Law 20416 of 2010
GLT, arts. 7, 27 and 28 bis.

SERNAC (National Consumer Service)
Annual report: 2011
Consumers can file claims to SERNAC.

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Consumers can file claims to SERNAC.
Subtel also solves consumer claims online after the user presents its claim to the
service provider, who has 10 working days to respond; and it is not resolved
satisfactorily.
Contacts
Telecommunication operator associations:
ACTI (association of ICT companies)
ATELMO (mobile network operators’ association)
CONADECUS (National association of consumers and users)
NeutralidadSi (NGO advocating for net neutrality and protection of internet consumers)
NRA
Subtel
Sub-secretariat of Telecommunications ( Subtel) within the Ministry of Transport and
Telecommunications (MTT)
Under-secretary: Jorge Atton Palma, appointed in February 2010.
The sub-secretary takes the decisions, supported by a cabinet. See Subtel organisation
.
The sub-secretary is appointed and dismissed by the President of the Republic.
Responsibilities:
propose national telecommunications policies
develop and update technical standards, and define network interconnection points
oversee the operation of telecommunications networks and protect users´ rights
request information from operators to perform its duties
ensure compliance with regulation and legislation and impose penalties
solve inter-operator disputes, upon request
assign and control the use of spectrum
process concession applications and award concessions
assist MTT in its function to jointly set tariffs with the Ministry of Economy

Not applicable.
Budget: CLP 10,298m (US$22m), excluding FDT budget, in 2013 (CLP 12,007m
(US$25m) in 2012)
Subtel budget is proposed by the Ministry of Economy and approved by the National
Congress.
Staff: 243 employees in 2011
Annual report: 2012
In general, Subtel´s decisions are subject to judicial review.

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In general, Subtel´s decisions are subject to judicial review.
However, appeals against the assignment or denial of concessions must be filed to
MTT. MTT decisions can be appealed to the Court of Appeals of Santiago. Appeals
against penalties follow the same procedure, except if the penalty imposed is the
withdrawal of the concession, in which case MTT decisions must be appealed to the
Supreme Court (GTL, art. 36).
Digital Agenda for 2013-2020 / "Modernisation" of Subtel

Sebastian Piñera, Chilean President, unveiled its political plan " Agenda Digital
Imagina Chile " to support digital development from 2013 to 2020
Congress passed the draft law that creates a new authority called "
Superintendencia de Telecomunicaciones" (Telecommunications
Superintendency). The draft law, which should now be reviewed by the Senate,
assigns the regulatory tasks related to the supervision and fining of companies to
the superintendency, and keeps the development of the industry under Subtel’s
responsibility.
Competition Law of 1973, amended in 2003

There is no formal definition of dominance. Subtel’s glossary defines dominance
broadly, as the possibility to (directly or indirectly) determine market conditions.
The law contains a very broad prohibition of acts or agreements "attempting to restrain
free competition in business activities" whether they involve horizontal or vertical
agreements, monopolisation (abuse of dominance), anticompetitive mergers and unfair
competition (art. 1 of Law Decree 211). In particular, price fixing, abusive tying
arrangements and the allocation of markets or quotas are prohibited.
FNE or any interested party can file a lawsuit to TLDC. Individuals may directly file a
complaint to FNE, who will assess it and decide if it proceeds with it.

Legal basis:
Competition Law Decree 211 of 1973 (as modified by Law 19911 of 2003)
There is no obligation to notify mergers for approval.

There is no obligation to notify TDLC, whether before or after the merger (but if the
merger involves the transfer of a telecommunications licence/concession, Subtel’s
authorisation of the transfer is required).
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In practice, interested parties voluntarily request TLDC’s opinion on whether the
intended merger, joint venture or acquisition raises competition concerns (Law Decree
211, art. 17, c2). Any interested party and FNE can start a contentious procedure
against a merger.
Not applicable (no obligation to notify mergers).
A procedure before TLDC can, however, be started by interested parties or FNE. This
procedure can be:
contentious, initiated by any party with a legitimate interest (e.g. potential or actual
competitors and consumers) or FNE. TLDC can issue preliminary injunctions on its
own accord or at the request of FNE or particulars (Law Decree 211, art. 17, J)
non contentious, before the concentration is completed. The requesting party must
substantiate absence of competitive concerns based on the existence of effective
substitution, absence of entry barriers, etc.
TDLC can impose a maximum fine of US$20.4m (20,000 UTA) if it finds the
concentration is anticompetitive and lack of prior voluntary notification can be factored
in.
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Colombia
ICT Law of 2009

Information and Communications Technology (ICT) Law 1341 of 2009 (the first
substantial reform since 1979)
ICT Law 1341, art. 19 established CRC as the NRA (former NRA, named CRT,
was set up by Law 142 of 1994, art 73).
NCA
SIC
Competition authority (NCA)
Superintendence of Industry and Commerce ( SIC), within the Ministry of
Commerce, Industry and Tourism.
Superintendent: Pablo Felipe Robledo del Castillo appointed in September 2012
Legislation:
Law 1340 of 2009 on the protection of competition. This new law created a single
competition authority for all sectors including regulated sectors.
Law 155 of 1959 and Decree 2153 of 1992 are still in force and contain provisions
related to the prohibition of restrictive agreements and practices and of the abuse
of a dominant position.

The superintendent has decision-making powers. The deputy superintendent conducts
investigations. See SIC organisation.
The superintendent may impose fines or order the cessation or modification of a
conduct.
The superintendent is designated and removed by the President of the Republic.
Responsibilities:
analysis and approval of concentrations (horizontal and vertical)
monitor and control of anti-competitive practices (acts, agreements and abuse of
dominance) and unfair competition
impose conditions and penalties
conduct on-premise investigations and issue preliminary injunction orders
SIC may begin a preliminary inquiry of its own accord or as the result of a complaint.
The deputy superintendent handles complaints and decides whether or not to open a
preliminary enquiry.
Superintendent decisions are subject to judicial review or appealed to the Council of
State.

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The superintendent is the final authority and thus adopts final decisions. Reports
produced by the deputy superintendent are not binding. Decisions are subject to appeal
for reconsideration by the superintendent.
SIC must notify investigations in the telecommunications sector to CRC ( Law 1341 of
2009, art. 8). CRC can give a non-binding opinion within 10 days. SIC must provide
reasoning for departing from CRC’s opinion.
MINISTRY
Ministry of ICT
Ministry of Information and Communications Technologies ( MinTIC)
Minister: Diego Molano Vega appointed in August 2010
Responsibilities :
planning, regulation and control of telecommunications services, IT services,
telematics, and value-added services
spectrum assignment and management
setting and managing service usage charges
Annual reports: 2012 public account report

The minister is the president of CRC.
CONSUMER PROTECTION
SIC
Law 1341 of 2009 (art. 53 and 54)
Law 1480 of October 2011 (consumer protection statute), in force since April 2012.
CRC Resolution 3066 of 2011 on communications services’ consumer protection
regulations

Superintendence of Industry and Commerce ( SIC)
Consumer must send claim to the service provider, who has 15 working days to
respond.
If the claim is not responded, consumers can present an online claim directly to SIC.
If it was not resolved satisfactorily, consumers must re-file the claim to the service
provider. If the company does not change its position, consumers can file an appeal to
SIC, who has 15 working days to decide.
Contacts
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Contacts
Telecommunications operators´ associations:
CCIT (Colombian chamber of IT and telecommunications)
ASOMOVIL (mobile network operators’ association)
CCC (Colombian Confederation of Consumers)
COCO (Consumers Colombia)
ACUI (Colombian association of internet users)
NRA
CRC
Communications Regulatory Commission ( CRC)
Executive director: Carlos Pablo Márquez Escobar, appointed in October 2012.
CRC is an administrative body within the Ministry of ICT. It has technical, administrative
and financial independence but no legal personality or capacity to act separately from
the ministry.
The minister of ICT (acting as president), the minister of public planning, and three
commissioners (one of them rotates as executive director) take decisions. CRC cannot
meet without the president. See CRC organisation chart.
Commissioners are appointed and dismissed by the President of the Republic.
Responsibilities:
propose national telecommunications policy
regulate telecommunications markets for the benefit of consumers
promote competition and investment
protect the rights of users and ensure the effective provision of
telecommunications services
promote the development of telecommunications in the context of convergence
and the broader concept of information society
regulate telecommunications network use, access, and interconnection and define
essential facilities
solve inter-operator disputes
issue technical standards and certifications
management of numbering resources
solve appeals against decisions of any other authority related to the building,
installation and operation of telecommunications networks

Majority (at least 3 votes required to adopt a decision) ( Resolution 2242 of December
2009)
Budget: COP 8,173m (US$4.6m) operational budget in 2012
Staff: 66 employees in 2011 (63 in 2010)
Annual report: 2011
Page 19 of 49
CRC decisions can be appealed to CRC itself within 5 days from notification, except
decisions imposing interim access and interconnection conditions (not subject to
appeal). ( Law 1341/2009, arts. 48 and 49).
New SIC superintendent and new CRC executive director / CRC

regulatory action plan
New SIC superintendent and new CRC executive director appointed in September
and October 2012 respectively.
MinTIC appoints second vice-minister of technologies and information systems in
January 2013.
CRC published its 2013 regulatory action plan.
For ICT services, CRC established the regulatory framework for the use of energy
infrastructure to provide telecom services, and the conditions for national roaming
Competition Protection Law of 2009

Dominance is the ability to act independently from competitors, consumers and in
general of competitive constraints in the market.
Abuse of market power is prohibited. If SIC identifies a dominant player in a market, its
activities may be closely monitored.
SIC during an investigation may conclude that a party is dominant when its share of the
market has been constantly high during an extended period of time and the barriers to
enter are high enough to discourage the entrance of new firms or the expansion of
existing competitors
Any interested party or SIC on its own accord can file a claim to start an investigation.

Legal basis:
Competition Law 1340 of 2009

Merger control rules establish that any transaction that qualifies as an ‘economic
concentration’ (such as mergers, acquisitions, joint ventures, or other forms of company
associations or corporate grouping, and even exclusive distribution agreements that
meet certain criteria), between parties in the same relevant market, must be notified to
SIC before the merger is completed. Transactions between undertakings with vertical
links in a market in Colombia are also subject to pre-merger notification.
Concentrations amongst undertakings within the same group of companies do not need
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Concentrations amongst undertakings within the same group of companies do not need
to be notified.
SIC will determine the filing thresholds on an annual basis.
In 2013 a filing is required if the combined value of the total assets or revenues of the
parties to the concentration is above 100,000 monthly minimum legal salaries
(approximately US$33m) (SIC Resolution 79228 of 2012).
De minimis rule: an economic concentration of companies in the same relevant market
will be covered by the general authorisation regime and will not require the prior
approval of SECI if the combined share of the parties in the affected market is below
20%.
SIC has the authority to perform ex-post reviews of these transactions.
Pre-merger notification obligation to SIC.
Pre-merger notifications must include details on the transaction such as sales volumes,
market shares, identification of major competitors, suppliers, entry barriers, etc.
SIC will issue a preliminary opinion within three working days. If SIC considers an
in-depth analysis is required, there will be a public consultation where interested third
parties may make comments.
SIC may clear the proposed transaction within 30 days (first stage) or extend
investigations for an additional period. A final decision must be taken within three
months from the submission of additional information.
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CostaRica
General Telecommunications Law of 2008

General Telecommunications Law 8642 of June 30, 2008
Government´s implementing regulation 34765 of September 22, 2008
Law 7593 of September 5, 1996 ‘on the public services´ regulatory authority’
Law 8660 of July 29, 2009 ‘on the reorganisation of regulatory authorities and
public administrations’
Telecommunications competition regulation of October 6, 2008
NCA
COPROCOM
Competition Commission ( COPROCOM) is the general competition authority.
However, SUTEL has exclusive competence to apply competition law in the
telecommunications sector (see above).
COPROCOM is an administrative body within the Ministry of Industry, Economy and
Commerce.
President: David Solano Ortiz
Legislation:
Competition Law 7472 of January 19, 1995
Regulation 25234 of July 1, 1996 ‘on competition and consumer protection’.

COPROCOM´s board is composed of five members, including the president.
Appointment/dismissal of the board members:
Appointment by the government, upon proposal from the Ministry of Industry, for a four
year mandate (renewable). The president of the COPROCOM is elected by majority of
the board amongst board members for a two year period. At least one of the members
of the board must be a lawyer, and another must be an economist. The other two
members must hold a university degree which is relevant for COPROCOM´s activities.
Dismissal of a COPROCOM council member or the president before the expiry of their
term is only foreseen in case of serious negligence, criminal offence confirmed by a
final judgment (no appeal possible), or unjustified absence three consecutive board
meetings or unauthorised absence from the country for more than three months.
Responsibilities: Prevention and control of anticompetitive conduct:
analysis and approval of concentrations
agreements.
Decision making criteria (voting): Majority (voting quorum is 4 members. At least 3

Page 22 of 49
Decision making criteria (voting): Majority (voting quorum is 4 members. At least 3
votes required to adopt a decision).
Interaction with NRA: Application of competition law and merger control in the
telecommunications sector is the sole responsibility of SUTEL, although the non binding
opinion of COPROCOM must be requested.
MINISTRY
Ministry of Science and Technology

Ministry of Science and Technology ( Micit)
Minister: Alejandro Cruz, appointed in February 2011.
For telecommunications the ministry operates through a vice-ministry ( Rectoría de
Telecomunicaciones - ReTel).
Vice-minister:
Rowland Espinoza, in office from July 1, 2012
Responsibilities:
definition of national telecommunications policy
definition of a national plan for the development of telecommunications
control over spectrum licences granted by SUTEL (the ministry may oppose
SUTEL´s decisions on the grant of spectrum licences for public interest reasons,
although these reasons must be explained and sufficiently justified).
Interaction with NRA: Informal cooperation.
CONSUMER PROTECTION
CNC
Competition Law 7472 of January 19, 1995
Regulation 25234 of July 1, 1996

National Consumer Commission ( CNC), reporting to the Ministry of Industry, Economy
and Commerce. CNC may impose fines and also order the withdrawal of a product from
the market.
Consumers can address CNC, but to get damage compensation they must seize a civil
court.
Contacts
ICT chamber of commerce ( CAMTIC).
Consumidores Libres
Page 23 of 49
NRA
SUTEL
Telecommunications Superintendence ( SUTEL)
SUTEL is an administrative body within the Public Services´ Regulatory Authority (
ARESEP). SUTEL became operational on January 26, 2009.
President of SUTEL: Maryleana Méndez Jiménez, appointed in January 2013.
Board of SUTEL. It is composed of three members, including the president. The board
meets once a week.
The members of SUTEL board are designated and appointed by the Managing Council
of ARESEP for a five year mandate (renewable once for an equal term). Four out of five
ARESEP council members must agree on the designation (ARESEP council has five
members appointed by the Government for a six year term).
Eligibility criteria include: Costa Rican citizenship, university education, proven personal
integrity, at least 5 years experience in telecommunications and no conflict of interest.
Dismissal of a SUTEL board member before the expiry of its term is foreseen in case of
unjustified absence from the country for over a month or from three consecutive board
meetings, for disciplinary reasons, or incapacity to participate in the board activities.
Responsibilities:
implement telecommunications’ policy and legislation
regulate the provision of telecommunications services, grant licences, impose
access and interconnection obligations, approve retail tariffs and contracts with
end users
manage the universal service fund
regulate and manage scarce resources, including numbers and radio spectrum
ensure compliance with consumer rights
lay out and enforce quality standards for telecommunications services
promote competition in the telecommunications sector (control of anticompetitive
practices ex post and prior authorization of mergers in the telecoms sector) solve
inter-operator disputes
impose sanctions in case of infringement of telecommunications regulations and
competition law.
NB Market analysis procedure (ex-ante): SUTEL published in November 2012 new

guidelines and criteria to review the definition and analysis of 18 relevant markets
(same as in the EU framework) defined in 2009, the definition of operators with SMP
and the analysis of competitive conditions.
Simple majority (at least 2 votes required to adopt a decision). The president has a
qualified vote in case of draw.
Budget: CRC 6.04bn (US$12.04m) in 2011
Annual report: See end of term (2009-2012) report. Also see annual plan for 2013.
SUTEL’s main financial resources come from authorization fees, and from the state
budget.
Staff: 53 people as of July 2011. 26 new employees planned to hired in 2012.

Page 24 of 49
SUTEL board decisions can be appealed to the Managing Council of ARESEP.
Transfer of telecom vice-ministry to Ministry of Science and

Technology
In December 2012, Sutel published the first national telecommunications fund
(FONATEL) tender to finance universal service and access projects.
The transfer of vice-ministry of telecommunications (ReTel) from the Ministry of
Environment, Energy and Telecommunications (formerly Minaet, now Minae) to
the Ministry of Science and Technology (Micit) was completed in January 2013.

Not explicitly defined. The law outlines the criteria to define the relevant market and
conduct an ex-ante market analysis and SMP assessment (see NRA section).
No threshold.
Any interested party or COPROCOM on its own accord.
Legal basis:
General Telecommunications Law 8642 of June 30, 2008 (art. 56)
Government´s implementing regulation 34765 of September 22, 2008 (art. 23)
Competition Law 7472 of January 19, 1995 (art. 16)
Telecommunications competition regulation of October 6, 2008

Not defined. Any concentration in the telecommunications sector is subject to prior
approval by SUTEL.
SUTEL
The notification of a concentration must be filed before its implementation. SUTEL must
take a decision within 30 working days from the filing. This term can be extended by an
additional 15 working days in particularly complex cases. SUTEL may impose
conditions to clear a merger, in which case the procedure is further extended for 10
working days.
Page 25 of 49
SUTEL must request the non binding opinion of COPRECOM, which must deliver it
within 15 working days from the request.
Page 26 of 49
Ecuador
Reformed Telecommunications Law of 1992 and general

regulations of 2001
Reformed Telecommunications Law 184 of August 1992, amended by Law 94 of
August 1995, which created CONATEL as the NRA. Last amendment of Law 194
was in 2004.
General Regulations of the Reformed Telecommunications Law - Decree 1790 of
September 4, 2001
Decision 608 (Andean Community's competition policy) adopted and regulated by
Decree 1614 of March 2009.
Telecommunications services have been open to competition since January 2002.
NCA
Superintendence on the Control of Market Power

Superintendence on the Control of Market Power ( SCPM) established in July 2012
Superintendent: Pedro Páez Páez, designated on July 31, 2012
Legislation:
Organic Law on the regulation and control of market power of October 11, 2011.
In the interim, the Ministry of Industry and Productivity performs competition law
responsibilities.
The organic competition law of 2011 provides for the creation of the Superintendence,
with the Superintendent as the highest competition defence authority.
All Superintendent´s decisions can be appealed to the Superintendent itself or under an
ordinary procedure to the administrative courts within 20 calendar days from the day
following notification of the decision. After this deadline, an appeal can only be
presented before the civil courts, or, in exceptional circumstances, before the
Superintendent itself, up to 3 years from the decision (art. 68 of the law)
The Superintendent is appointed by the Council for citizens’ participation and social
control - CCPCS (a government body created in 2010). The Council is composed of
seven members. Current president of the CCPCS is Fernando Cedeño Rivanderia,
from in Sep. 2012.
Responsibilities:
promoting competition
investigating and suppressing anti-competitive conduct
merger control
The Law establishes that state aid measures may be authorized by the Government on
Page 27 of 49
The Law establishes that state aid measures may be authorized by the Government on
an exceptional basis, following instruction by and the non binding opinion of the
Superintendent.
No voting.
There is no defined interaction between the Superintendence and CONATEL.
MINISTRY
Ministry of Telecommunications and Information Society

Ministry of Telecommunications and Information Society ( Mintel), created in
August 2009
Minister: Jaime Guerrero Ruiz, appointed in April 2010
Responsibilities:
defining and coordinating national telecommunications policy
ensuring telecommunications´ penetration, by increasing and improving
telecommunications infrastructures
supporting and facilitating the approval of the National Development Plan by
CONATEL
liaising between the presidency of the republic and CONATEL
designing and implementing short and medium term programs and projects to
meet sector development policies
conducting research, reports and surveys of the telecommunications sector
enabling the design, formulation, implementation and evaluation of
telecommunications policies, programmes and institutional developments

Undefined. Interaction takes place in conformity with the division of tasks defined in the
2009 decree creating the ministry.
CONSUMER PROTECTION
DIDECO, within the Ministry of Industry and Productivity

Organic Law on Consumer Protection of July, 2000 (chapter VI).
General Regulation of Consumer Protection – Decree 1314 of March, 2001

Directorate of Consumer Defence ( DIDECO), within the Ministry of Industry and
Productivity
How do consumers protect their interests? Who handles consumers´ complaints?
Consumer complaints can be solved using an "extra-judicial" or "judicial" procedure.
Extra-judicial complaints are filed with the ‘ Defensoría del Pueblo’ (an administrative
body), through a consumer association (‘ Tribuna Ecuatoriana de Consumidores y
Usuarios’). The ‘defensoría’ acts as a mediator between consumers and companies
Page 28 of 49
Usuarios’). The ‘defensoría’ acts as a mediator between consumers and companies
and handles approximately 600 requests per year.
Judicial complaints must be filed with specialised courts which have not been set up
yet. In the interim, consumer complaints are handled by the police.
Contacts
Ecuadorian association of telecommunications enterprises ( ASETEL)
Consumer associations: Tribuna Ecuatoriana de Consumidores y Usuarios
NRA
CONATEL
National Telecommunications Council ( CONATEL)
President: Jayme Guerrero Ruiz, from April 5, 2010
National Telecommunications Secretariat ( SENATEL)
Acting secretary: Ruben León, from April 5, 2010
SENATEL is CONATEL's executive agency responsible for implementing the regulatory
policies defined by CONATEL. SENATEL is answerable to CONATEL and to the
government since the secretary is appointed by the President of the Republic.
Superintendence of Telecommunications ( SUPERTEL)
Superintendent: Fabian Jaramillo Palacios, appointed in July 2008 (mandate was
renewed in Jan. 2011)
SUPERTEL is a technical control body responsible for ensuring private sector
compliance with all telecommunications regulations and contracts and imposing
sanctions in case of non compliance. SUPERTEL reports to Congress.
The board of CONATEL consists of:
the minister of telecommunications, who is the board president
the national secretary of telecommunications
the superintendent of telecommunications
a representative of the planning office of the president of the republic
the head of the joint command of the armed forces
a representative appointed jointly by the federation of chambers of production
(union of all the companies that produce goods and services)
a representative of the United Central National Workers´ Union - EMETEL
(CONAUTEL)
The board meets once a month or in special circumstances when the president
requests it or upon request of three of its members.
Within CONATEL´s board, the president and the national secretary of
telecommunications SENATEL are appointed for four years and dismissed by the
president of the republic. Reasons for dismissal are incapacity to perform duties,
repeated non compliance with CONATEL directives and resolutions, being sentenced
for a crime, or incompatibilities.
The superintendent of telecommunications is appointed by congress, for a period of
four years, from a list of three nominees selected by the president of the republic.
Page 29 of 49
The representative of the chambers of production is appointed by the industry for a
period of two years.
All members should be Ecuadorian and have relevant professional experience.
Responsibilities:
CONATEL is responsible for:
implementing telecommunications policies and regulations
approving the ‘National Plan for the Development of Telecommunications’
approving the frequency plan
issuing certification standards for telecommunications equipment
approving retail tariff plans and wholesale access and interconnection charges
establishing terms, conditions and deadlines for licences to use frequencies and
authorisations to provide telecommunication services (to be granted by SENATEL)
authorising the granting by SENATEL of concessions for the operation of
telecommunications services and the use of radio spectrum
regulating network interconnection
approving the work plan, report and financial statements of SENATEL
approving the budgets of SENATEL and SUPERTEL
ensuring compliance with end users' rights
promoting competition in telecommunications markets by avoiding anticompetitive
acts and practices and attracting investment
designating SMP providers on an annual basis
encouraging private sector participation in infrastructure development and the free
and fair provision of telecommunications services
access and universal services in a timely manner with an adequate quality and fair
prices

Budget: US$85m in 2012 (US$81m in 2011, subsequently reduced to US$55.1m )
(CONATEL and SENATEL)
CONATEL approves its own budget and also SENATEL’s and SUPERTEL’s budgets (
Decree 1790, art 88.h).
Staff: approx. 189 people in 2011
Annual report: 2012
In general, administrative decisions can be appealed to the body that took the decision,
to the relevant minister or to the highest administrative body. SENATEL and
SUPERTEL decisions can be appealed to CONATEL.
New competition law / Superintendence on the Control of Market

Power / President Correa re-elected
Presidential elections on February 17, 2013. Rafael Correa was elected president
with 57% of votes
Competition law adopted in October 2011
Superintendence on the Control of Market Power established in July 2012. Mr.
Pedro Páez was designated as the first superintendent on July 31, 2012
Digital switch off to be completed by Dec. 2016 ( Res. 681 Conatel of Oct. 2012)
Bilateral agreement on international roaming signed between Peru and Ecuador in
Page 30 of 49
Nov. 2012
Organic Law on control of market power of 2011

A dominant provider has the ability to independently influence competitors, consumers,
or suppliers.
No thresholds specified in the law. Assessment includes the ability of provider to
directly or indirectly control prices, existence of barriers to market entry, capacity to
exert market power, level of substitution of products or services (art. 8).
Infringements and possible types of anti-competitive conducts are defined in the law
and subject to fines up to 12% of company´s turnover (art. 79)
Any interested party or the Superintendence acting of its own accord.
Defined in the organic Law of October 11, 2011, section IV.
Concentrations subject to approval by the Superintendence are those:
involving two or more economic entities with a total turnover in Ecuador exceeding
a certain threshold defined in terms of total minimum wages (further unspecified, to
be defined in secondary legislation); or
the merged entity has at least 30% market share in the relevant product or service
market.

Superintendence on the Control of Market Power
Notification of concentrations meeting the above requirements must be filed to the
Superintendence within 8 days from the concentration agreement, which is suspended
until the concentration is approved. The Superintendence shall decide on the approval,
denial, or approval with conditions of the concentration within 60 calendar days from
filing the application.
Page 31 of 49
Mexico
Federal Telecommunications Law (LFT) of 1995

Telecommunications Law: Federal Telecommunications Law (LFT) of June 7,
1995. This law establishes the NRA , Cofetel, as a separate organization within the
Ministry of Communications and Transport (SCT) "with technical, operational and
financial independence"
Decree creating Cofetel of August 9, 1996
NCA
Cofeco
Federal Competition Commission ( Cofeco)
President: Eduardo Pérez Motta, designated in August 2004
Legislation:
Competition Law - Federal Competition Law of December 24, 1992 (last amended
in May 2011). The Law establishes Cofeco as a separate organization within the
Ministry of Industry, "with technical and operational autonomy".
Regulation of the Federal Competition Law, of October 12, 2007.

Plenary of Cofeco, composed of five members including the President.
Selection and appointment by the head of the government for a ten year period,
renewable once. The majority of the Senate can object to the appointment or renewal.
Members can be dismissed only for very serious and justified reasons (further
unspecified). Eligibility criteria include Mexican citizenship, age between 35 and 75, and
proven experience and competence in law, economics, engineering or public
administration.
Responsibilities:
merger control
agreements
issuance of binding opinions to Mexican administrations and authorities on matters
which may affect competition (the head of the government may object to such
opinion. Both the opinion and its objection must be published)
issuance of non binding opinions on draft legislations or regulations affecting
competition, and on existing laws and regulations to the extent that they may affect
competition.
Decision making criteria (voting): The plenary decides by unanimity or by majority of

members present at a voting session (members cannot abstain from voting and must
attend voting sessions unless they are legally constrained to be elsewhere). In case of
Page 32 of 49
attend voting sessions unless they are legally constrained to be elsewhere). In case of
draw, the President has a qualified vote.
Interaction with NRA: SMP designation by Cofeco is required before Cofetel can
impose regulatory obligations (when not directly imposed by the Telecommunications
Law or the concession terms).
MINISTRY
Ministry of Communications and Transport

Ministry of Communications and Transport ( SCT)
Minister: Gerardo Ruiz Esparza, appointed in December 2012
Responsibilities:
granting of concessions and authorisations
approval of spectrum plan
open infringement proceedings and impose sanctions
decisions on administrative appeals
Annual report: 2006-2012

Interaction with NRA: Interaction takes place constantly, in accordance with the division
of responsibilities defined in the legislation
CONSUMER PROTECTION
Profeco
Consumer Protection Law of December 24, 1992 (last amended January 18, 2012)
The law foresees that utility companies, including telecommunications´ providers, shall
not suspend or interrupt the service until conclusion of a conciliation procedure with
their end customers.
Federal Consumer Protection Office ( Profeco), a decentralized administrative authority
in charge of protecting the interests of consumers and representing individual
consumers and consumer groups before providers, authorities and tribunals on
consumer protection matters.
How do consumers protect their interests? Who handles consumers´ complaints?
Consumers can file complaints to Profeco
Contacts
Telecommunication operators´ associations:
Asociación Nacional de Telecomunicaciones ( ANATEL)
Cámara Nacional de la Industria de Comunicaciones por Cable ( CANITEC)
Cámara Nacional de la Industria Electrónica, Telecomunicaciones y Tecnologías de la
Información, ( CANIETI).
Page 33 of 49
Consumer associations: ALCONSUMIDOR (telecommunications, gas and electricity)
NRA
COFETEL
Comisión Federal de Telecomunicaciones ( Cofetel)
President: Mony De Swaan Addati, designated in July 2010
Plenary of Cofetel, composed of five members including the president. Certain
administrative decisions can be adopted by administrative units of Cofetel. Cofetel
functioning regulation, adopted January 2, 2006
Selection and appointment by the government for an eight year period, renewable once.
The majority of the Senate can object to the appointment or renewal. Members can be
dismissed only for very serious and justified reasons (further unspecified). Eligibility
criteria include Mexican citizenship, age between 35 and 75, and proven experience
and competence in the telecommunications sector. The president of Cofetel is one of
the members of the plenary, and is elected by majority of the plenary for a four year
period.
Responsibilities:
make administrative decisions on telecommunications within its field of
competencies
issue technical plans and homologations
issue opinions to the Ministry of Communications and Transport (SCT) on the
granting, modification, transfer or renewal of concessions
submit a proposal to SCT for the approval of the spectrum plan
submit a proposal to SCT for the opening of infringement proceedings and the
imposition of sanctions
solve interconnection disputes among operators
approve telecommunications tariffs when so required
establish obligations for operators with significant market power
manage radio spectrum

Majority of votes cast. At least 3 members of the plenary must be present. The
president has a qualified vote in case of draw.
Budget: MXN 658m (US$ 52m) in 2013
Staff: 630 ( 2013)
Annual report: 2006-2012
First level
Decisions of Cofetel can be appealed to the ministry of communications (SCT). SCT

may then ask Cofetel to issue a new decision which must take into account the binding
opinion of SCT. SCT decisions can be appealed to the Minister but only in limited
circumstances (see Federal Law of Administrative Processes)
Second level
Page 34 of 49
Judicial review of Cofetel decisions. The judicial adoption of interim measures against
Cofetel decisions has been very frequent in Mexico. This type of review tends to be
lengthy. In May 2011 the Mexican Supreme Court of Justiceruled that Cofetel’s
decisions on interconnection rates are in the public interest and may not be suspended
during judicial appeal procedures.
Constitutional reform affecting telecoms and media /

Restructuring of regulatory agencies and appointment of new
commissioners
Enrique Peña Nieto elected new president of Mexico, in June 2012 (six-year term,
not renewable)
Gerardo Ruiz Esparza appointed minister of communications and transport, and
Jose Ignacio Peralta undersecretary of communications in Dec. 2012
In May 2011 the Mexican Supreme Court of Justice ruled that Cofetel’s decisions
must stand pending an appeal procedure. This decision strengthens Cofetel´s
powers in practice
A constitutional decree, reforming the institutional and regulatory landscape for
telecommunications and media, was approved and published in June 2013. The
reform establishes two new regulatory agencies, respectively responsible for
telecom/media regulation and competition.
Mexican Congress has 180 days from June 2013 to amend and update the
telecommunications, audiovisual and competition laws to comply with the recent
Constitutional reform.
The procedure for the selection of the commissioners of the two regulatory
agencies started in July 2013 and is expected to be completed September 2013.
Federal Competition Law of 1992

Not explicitly defined. The Law outlines the criteria to define the relevant market and
assess significant market power (SMP).
No threshold. SMP assessment is based on the following criteria (Competition Law, art.
13 and 13bis):
capacity to unilaterally set prices or restrict supply in the relevant market,
independently of competitors
barriers to entry
dominance of other undertakings
access, by the undertaking and its competitors, to financial resources
recent conduct.

Any interested party. Cofeco can also start a proceeding at its own discretion.

Page 35 of 49
Legal basis:
Federal Competition Law of December 24, 1992 (last amended in May 2011).

Cofeco´s prior authorisation is required for:
a concentration which directly or indirectly affects Mexico, regardless of where it is
signed, amounting to at least 18 million minimum salaries applicable in the Federal
District (i.e. approximately US$87m)
a concentration resulting in the ownership of at least 35% of assets or shares of
the target company whose annual turnover or sales originated in Mexico amount to
at least 18 million minimum salaries applicable in the Federal District (i.e.
approximately US$87m)
when the worldwide assets/or turnover of at least two parties to the concentration
jointly amount to at least 48 million minimum salaries applicable in the Federal
District (i.e. approximately US$ 230m), and the transaction involves an
accumulation of assets or capital stock in Mexico exceeding 8.4 million minimum
salaries applicable to the Federal District (i.e. approximately US$ 40m).

Cofeco
Prior notification of a concentration must be filed to Cofeco by the parties to the
concentration at least 20 days before its coming into effect. Cofeco can ask for
additional documents or clarifications within 15 calendar days from the notification.
Applicants must submit the additional documents or clarifications within 15 days from
the request. Cofeco will issue a decision within 35 days from the filing, or 35 days from
the submission of the additional documents or clarifications. In case no approval
decision is issued within this term, the concentration is cleared (tacit approval). For
exceptionally complex concentrations, the president of Cofeco may decide to extend
the term for an additional 45 days.
A fast track notification is also available if the notifying parties can establish at the time
of filing that there is no harm to competition arising from the concentration. In this case,
Cofeco shall issue a formal decision within 15 days from the filing. If no decision is
issued within this term, the concentration is cleared (tacit approval).
Page 36 of 49
Peru
Telecommunications Law of 1993 and implementing regulation

of 2007
Decree of November 5, 1991 on private investment in telecommunications,
creating OSIPTEL
Telecommunications Law of April 28, 1993
Decree of August 4, 1998 on the liberalisation of telecommunications
General regulation of OSIPTEL ( Law 27332 of July 29, 2000 and Supreme
Decree n. 008-2001 PCM, of February 2, 2001)
Government regulation implementing the telecommunications law (2007, modified
in 2010 and 2011)
Law on access to infrastructure owned by providers of public telecommunications
services with significant power ("Important Providers") ( Legislative Decree n. 1019
, of June 9, 2008)
Methodology and procedures for identifying providers of public telecommunications
services with significant power ("Important Providers") ( Resolution of the
managing council of OSIPTEL n. 023-2009-CD/OSIPTEL, of June 11, 2009)
Framework for the identification of providers with significant power ("Important
Providers") in the Telecommunications markets (Resolution of the managing
council of OSIPTEL n. 099-2011-CD/OSIPTEL, of July 21, 2011)
NCA
Indecopi / OSIPTEL
National Institute for the Defence of Competition and Intellectual Property (
Indecopi)
President: Hebert Eduardo Tassano Velaochaga, appointed in September 2011
However, OSIPTEL has exclusive competence to apply competition law with regard to
the provision of telecommunications services ( Competition Law, art. 17)
Legislation:
Competition Law – Legislative Decree n. 1034, of June 2008.
Law establishing Indecopi – Legislative Decree n. 25868, of November 1992,
replaced by Legislative Decree n. 1033, of June 2008.
Legislation on the organisation of Indecopi – Legislative Decree n. 807, of April
1996 and Supreme Decree 09-2009-PCM, of February 2009.

First instance decisions on competition matters in telecommunications markets are
made by a collegiate body within OSIPTEL created ad hoc. Once an administrative
decision is made, the body is dismissed. Second instance decisions are made by an
administrative dispute resolution tribunal ( Tribunal de solución de controversias)
established within the structure of OSIPTEL but whose members are appointed at
ministerial level.
Page 37 of 49
OSIPTEL collegiate bodies in charge of applying competition law are generally
composed of three to five members appointed by OSIPTEL managing council.
Members of the administrative dispute resolution tribunal are selected and appointed by
the government, except for one member designated by Indecopi.
Responsibilities: Detection and control of abuse of dominance and anticompetitive
practices
Decision making criteria (voting): Both the collegiate bodies and the tribunal take
decisions by a majority of their members
Interaction with NRA: Not applicable
MINISTRY
Ministry of Transport and Communications

Ministry of Transport and Communications ( MTC)
Vice-Minister of Communications: Raúl Ricardo Pérez-Rejes Espejo, appointed in
August 2011
Responsibilities:
granting of concessions and authorisations
approval of the spectrum plan
Annual report: 2012

Interaction with NRA: Interaction takes place constantly between the two entities (art.
77 of the Telecommunications Law).
CONSUMER PROTECTION
TRASU
Consumer Protection Law of September 2010

Complaints filed by users of public telecommunications services solved in first instance
by a collegiate body composed of 3 to 5 members, designated by the managing
council, and established for each claim presented.
The administrative tribunal for the settlement of users´ claims ( Tribunal Administrativo
de Solución de Reclamos de Usuarios - TRASU) constitutes the second and last
appealing instance. TRASU is part of OSIPTEL but is fully independent in its rulings.
How do consume rs protect their interests? Who handles consumer´s complaints?
According to a regulation adopted by OSIPTEL in 1999 ( with amendments), end users
must first address their telecommunications provider. From July 2010, operators must
have at least one claim office open to the public in each province of Peru. If dispute is
not solved by the operator, consumers can address TRASU. TRASU must solve
disputes within 30 days from the filing of a complaint.
Page 38 of 49
Contacts
Telecommunication operators´ associations:
ISP association – ASPESI
Cable operators’ association – APTC
Asociación Peruana de Consumidores y Usuarios – ASPEC
Association of Internet Users - AUI
NRA
OSIPTEL
Supervisory Authority on Private Investment in Telecomunicaciones ( OSIPTEL)
President: Gonzalo Martín Ruiz Díaz appointed on July 10, 2012.
Managing Council. The council is composed of five members, including the president.
Two of the five members of the council, including the president, are appointed by the
government presidency. Of the remaining three members, one is proposed by the
Ministry of Transport and Telecommunications, one by the Ministry of Finance, and one
by the competition authority.
All members of the managing council are appointed for five years (renewable).
Managing council members can only be dismissed by a reasoned decision of the
government. Eligibility criteria include personal integrity, at least 5 years of professional
experience and no conflict of interest.
Responsibilities:
ensure effective competition amongst operators and apply competition law with
regard to the provision of telecommunications services
define guidelines to solve consumers´ complaints
solve disputes amongst operators on competition, interconnection, pricing and
technical matters
approve retail tariffs for public telecommunications services
issue technical plans and certifications
issue opinions to the Ministry of Transport and Communications on the granting of
licences
manage the universal service fund (FITEL)

Simple majority of the members present ( quorum is one half of the members plus one).
The president has a qualified vote in case of draw.
Budget: PEN 57m (US$ 21.5m) in 2012
Staff: 253 (September 2012)
Annual report: 2012
Appeals to NRA decisions: OSIPTEL´s decisions can be appealed to the administrative
arbitration tribunal.
Page 39 of 49
presidency of OSIPTEL international roaming

Gonzalo Martín Ruiz Díaz designated as the new president of OSIPTEL in July 10,
2012.
November 2012

Possibility to substantially restrict, affect, or distort the demand or supply conditions in a
given market, independently of competitors, purchasers or suppliers.
No threshold. Assessment is based on the following criteria, amongst other:
market shares
characteristics of demand and supply
access, by the undertaking and its competitors, to financial resources
countervailing power of competitors, purchasers and suppliers

Any interested party. OSIPTEL can also start a proceeding at its own discretion.
Legal basis:
No ex ante merger control. Any change of ownership of 10% or more must be notified
to the Ministry of Transport and Communications within 30 days from its coming into
effect.
Not applicable
No authorisation required.
Procedure and timing: Not applicable
Page 40 of 49
Uruguay
No general law Main legislation is Budget Law 17296 of 2001

There is no general telecommunications law in Uruguay. The main legal instruments
regulating the sector include the following :
Law 17296 of February 2001 (‘Budget Law’) rules the sector and established
URSEC as the NRA (art. 70) within the Ministry of Industry, Energy and Mining.
Decree 212/001 sets the functions of URSEC
Decree 519/009 sets the responsibilities of DINATEL, within the ministry
Law 17556 of February 2001 gives URSEC powers to prevent antitrust practices
Law 14235 of August 1974 created a decentralised public service operator,
National Administration of Telecommunications ( ANTEL), whose operation is
declared as essential. Until 2001, ANTEL had regulatory responsibilities; it is now
subject to regulation and controlled by the URSEC. The Uruguayan
telecommunications market is open to competition since 2001.
NCA
URSEC
URSEC has exclusive competence to apply competition law in the telecommunications
sector.
The Commission for the Promotion and Defence of Competition is the general
competition authority, within the Ministry of Economy and Finance (since 2009).
Legislation:
Law 18159 of July 2007 (competition law), regulated by Decree 404/07
Law 17296 (arts. 157 and 158) of February 2001

See NRA (URSEC) section above
Appointment/dismissal of the board members:
Responsibilities:
URSEC, acting as the competition authority for the telecoms sector, must:
promote and regulate competition in favour of consumers
foster economic efficiency and equal market access
investigate, analyse and punish forbidden practices (e.g. anticompetitive
behaviour), acting of its own accord or following a complaint
adopt interim decisions, including the cessation of the forbidden practice or
behaviour, and impose fines
Page 41 of 49
URSEC may reach an agreement with the company allegedly infringing competition law
to cease or modify the behaviour under investigation, unless the case is very serious.
Not applicable (URSEC is the NRA and also acts as the NCA in telecommunications
markets).
In performing its competition law duties, URSEC must request the non binding opinion
of the general competition authority. No such opinion was requested in 2009.
In 2009, URSEC reported that it had applied competition law to cases of leasing and
joint use of shared infrastructure, resale agreements amongst mobile operators, and
abuse of dominance in the form of cross subsidies and tied selling. Between 2009/
2010, URSEC and the general competition authority have been working together on the
application of the Uruguayan competition law and on other issues e.g. mergers and the
methodology and criteria to identify relevant markets.
MINISTRY
DINATEL, within Ministry of Industry, Energy and Mining

National Directorate of Telecommunications ( DINATEL), within the Ministry of
Industry, Energy and Mining ( MIEM)
National Director of Telecommunications: Sergio de Cola, appointed in October 2011
Responsibilities:
proposing, implementing and supervising national telecommunications policy
granting licences for the provision of telecoms services, the use of spectrum and
the roll out of telecommunications networks
promoting the national development of the telecommunications sector
defining a national plan for the development of telecommunications
cooperating with international institutions in the field of telecommunications.
Annual report: 2011 plan. See also 2011 strategic guidelines.

Interaction with NRA: Mostly informal cooperation. However DINATEL can request
operators, through URSEC, for up to date information on the use of limited resources in
order to define national policies.
CONSUMER PROTECTION
URSEC or ADECO
Consumer Defence Law 17250 of August 2000, implemented by Decree 244/000

Area Defensa del Consumidor ( ADECO), within the Ministry of Economy and Finance.
Page 42 of 49
URSEC is jointly competent with ADECO to protect the rights of consumers of
telecommunications services and deal with claims of consumers of telecommunications
services and products.
Consumers can address either URSEC or ADECO.
Contacts
Chamber of telecommunications of Uruguay
Liga Uruguaya de Defensa del Consumidor ( LIUDECO)
Association of Consumers and Users of Uruguay ( CUA)
NRA
URSEC
Unidad Reguladora de Servicios de Comunicaciones ( URSEC)
URSEC is a decentralised body with " technical autonomy" within the government´s
Commission for Planning and Budget.
President of URSEC: Gabriel Lombide, appointed on August 26, 2010.
Board of URSEC, which is composed of three members, including the president. See
URSEC organisational chart.
Designated by the president of the republic, acting jointly with the council of ministers,
for a term of six years, renewable for the same period. Dismissal, following the same
procedure, for incapacity, omission to perform duties, being sentenced for a crime or
"performing actions that negatively affect the good name and reputation of the regulator
".
Responsibilities:
defining technical regulation
advising the government regarding its communications policy
ensuring compliance with sector specific rules
managing and controlling spectrum (but permits to use spectrum are directly
granted by the government)
submitting draft terms and conditions for the selection by the government of
operators authorised to use radio frequencies
supervising the installation and operation, as well as the quality, regularity and
compliance with applicable regulations, of all telecommunications services,
defining standards for the compatibility, interoperability and safety of telecoms
networks, and controlling their implementation;
protecting the rights of consumers
defining retail and wholesale tariffs to reflect underlying costs, to be approved by
the government (interconnection tariffs must be negotiated but if no agreement,
URSEC intervenes)
act as an arbitrator in operators’ disputes
imposing sanctions
developing universal access to telecoms services
promoting competition and investment.
Page 43 of 49
Budget: UYU 402,385,307 (US$18,715,595.67) spent in 2011 ( Tomo IV) (23% more
than in 2010)
Staff : 85 in total (incl. 11 commissioned personnel from other organisations)
Annual report: 2011 accounts balance
Appeals to NRA decisions: URSEC decisions can be appealed to the Ministry of
Industry, Energy and Mining.
New national director of Telecommunications / New draft

telecommunications Law
Sergio de Cola was appointed National Director of Telecommunications in October
2011
New telecommunications and audiovisual law presented by the government.
Currently under discussion.
Law 18159 of July 2007

A dominant position exists when one or various agents can significantly affect relevant
variables of the market in which they operate, regardless of competitors, buyers and
suppliers. The abuse of a dominant position is forbidden.
No threshold. No assessment criteria defined in URSEC’s guidelines on the definition of
the relevant market, of May 2010.
URSEC consulted until March 2012 on a regulation which sets the criteria for
determining the existence of a dominant position.
Any interested party or URSEC acting of its own accord.
Legal basis:
Law 18159 of July 2007, implemented by Decree 404/07

Acts of "economic concentration" are those operations that modify the control structure
of a company through: merger, acquisition of shares, quotas or participations,
acquisition of businesses, total or partial acquisition of corporate assets, and any other
type of legally valid agreement which implies the transfer of control over a company or
Page 44 of 49
type of legally valid agreement which implies the transfer of control over a company or
all or part of its economic units.
Parties to a concentration are obliged to file a pre-merger notification:
When, as a consequence of the concentration, a market share equal to or higher
than 50% is acquired by any of the parties to the concentration or by the resulting
entity; and/or
the gross annual turnover in the Uruguayan territory of the parties to the
concentration, in any of the last three accounting years, is equal to or more than
750m Indexed Units (US$97m).
A pre-merger authorisation (in the form of tacit approval) is only required when the
concentration would lead to a "de facto monopoly" (when the transaction leads to the
presence of only one enterprise in the relevant market). In all other cases, the
pre-notification suffices.
URSEC
The notification of a concentration must be filed 10 days before the closing of the
transaction (that is, before the day when a change of control occurs). Sanctions of up to
1% of the total turnover of each party to the concentration may be imposed for failure to
notify.
In those cases where a prior authorisation is required, URSEC has 90 days to issue a
decision objecting the merger. If no decision is issued within this time frame, clearance
is automatically granted.
Page 45 of 49
Venezuela
Consolidated Telecommunications Law

Consolidated Telecommunications Act of June 1, 2000
Law on the Reform of the Consolidated Telecommunications Act, of Dec. 28, 2010,
amended in 2011 ( Official Journal 39610 of Feb. 7, 2011)
Decree 1.826 of September 5, 1991, creates CONATEL as an independent regulatory
authority reporting to the Ministry of Transport and Communications
Decree 7.588 of July 27, 2010 assigns CONATEL under the responsibility of the
vice-presidency of the Republic
NCA
Procompetencia
Superintendence for the promotion and defence of competition ( Procompetencia).
The superintendence reports to the Ministry of Commerce.
Superintendant: Rosauro León, designated in March 2009
Legislation:
Competition Law of January 13, 1992, also establishing the superintendence
Regulations implementing the Competition Law of May 3, 1993 and May 21, 1996
Regulation on the organisation of Procompetencia of November 7, 1997

The superintendant issues all final decisions on administrative proceedings carried out
by the superintendence. Proceedings are instructed and carried out by the "sala de
sustanciaci ón", a technical body within the superintendence reporting to the deputy
superintendant.
Both the superintendant and his deputy are designated by the president of the republic
for a four year period (renewable). Eligibility criteria include: at least 30 years of age,
legal and economic competence, and no conflict of interest. The superintendant or the
deputy of the superintendence can be dismissed by the President of the Republic in
case of final criminal judgment or serious misconduct.
The " sala de sustanciac ó n" is composed of executives of the superintendence
appointed by the superintendent.
Responsibilities:
detection and control of abuse of dominance and anticompetitive practices
merger control
impose fines in cases of infringement
propose new regulations to the government for the enforcement of competition
law.
Page 46 of 49
All final decisions are taken by the superintendant, upon non binding recommendation
from the "sala de sustanciación".
Interaction with NRA: No formal interaction
MINISTRY
Ministry of Science, Technology and Industry

Ministry of Science, Technology and Intermediate Industry ( MCTI)
Directorate of Telecommunications, Information Technology, and Postal Services – see
organisation chart
Minister: Jorge Alberto Arreaza Monserrat (appointed following Ministry’s restructuring
of Nov. 2011).
Deputy minister for telecommunications: Manuel Fernández Meléndez, designated on
December 15, 2011.
Mr. Fernández Meléndez is also president of state-owned telecommunications
operators CANTV and Movilnet.
Responsibilities:
Interaction with NRA: Interaction takes place without any formal agreement
CONSUMER PROTECTION
Indepabis
Consumer and user protection law of May 4, 2004 ( revised April 24, 2009)

Institute for people defence in the access of goods and services ( Indepabis), reporting
to the Ministry of Commerce.
Individual consumers can address Indepabis for conciliation in case of dispute (art. 113
of the law). They may also get damage compensation when so required by court.
Consumer class actions must be filed before Indepabis, or the Supreme Court of
Justice (for class actions on the infringement of constitutional rights).
Contacts
Telecommunications providers’ chamber ( CASETEL).
Consumer associations: Federation of consumer and user associations ( FEVACU)
Page 47 of 49
NRA
CONATEL
Comisión Nacional de Telecomunicaciones ( CONATEL)
General director: Pedro Rolando Maldonando Marín, designated in August 2010
Managing council of CONATEL composed of five members including the general
director.
Selection, appointment and dismissal by the president of the republic. Duration of
mandate is not specified in the law. Eligibility criteria include Venezuelan citizenship,
adult age, no interdiction from public charges, proven experience in the
telecommunications sector, and personal integrity. No criteria are defined for the
dismissal of the council members or its director.
Responsibilities:
issue strategy and rules for the development of telecommunications
grant, withdraw and suspend telecommunications licences and concessions
approve telecommunications tariffs
certify telecommunications equipment
promote competition in the sector
approve general terms and conditions of retail contracts
manage scarce resources
solve operators´ disputes.
Sector statistics (2011)

Budget and staff: no information available
Majority of votes cast. At least two members and the general director must be present.
The general director has a qualified vote in case of draw.
CONATEL decisions may be appealed to the Ministry for Infrastructure within 15 days
from their publication. CONATEL was recently placed under vice-presidential
supervision, which may introduce changes in this appeal system in the future
(undecided so far).
In a second stage, CONATEL decisions may be appealed to the Supreme Court (TSJ).
Nicolas Maduro new president of Venezuela / Draft Law against

monopoly
Following passing of president Hugo Chavez in March 2013, Nicolás Maduro was
elected president of Venezuela in April 2013. Mr. Maduro was previously Vice
President, and Minister of Foreign Affairs under President Hugo Chávez.
Draft Law against monopoly and similar practices received first approval in
Parliament in March 2013. Second vote and final approval still pending (timing
undefined). The proposed legislation foresees the creation of a new
superintendence (SUNAM) in charge of fighting against (private) monopolies and
Page 48 of 49
superintendence (SUNAM) in charge of fighting against (private) monopolies and
promoting participation of small and medium national producers in the national
economy.

When there is only one company, or several companies that have links amongst
themselves, acting as seller or buyer in a given economic activity, or when several
independent companies carry out an economic activity but there is no effective
competition amongst them.
No threshold. Assessment of effective competition conditions is based on the following
criteria: (Competition Law, art. 16)
number of competitors in the relevant market
market shares and production capacity of each competitor
demand dynamics within the relevant market
access to financial resources and distribution channels
technology innovation affecting the market.

The superintendence can start a proceeding at its own discretion or upon request from
an interested party.
Legal basis:
Competition Law of January 13, 1992
Regulation of the Competition Law of May 21, 1996
Regulation on the evaluation of economic concentrations of November 1, 1999

Any agreement, merger or acquisition resulting in a concentration must be previously
approved.
From the superintendence for the promotion of competition.
Procedure and timing: Each party in the concentration must submit a separate
notification. The superintendence decides on a concentration within four months from
the application (the term may be extended to six months for exceptionally complex
cases).
Page 49 of 49

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LATAM Profiles Cullen July 2013

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LATAM Telecoms Profiles

Published on Tue Oct 22 00:00:00 UTC 2013 by Elena Scaramuzzi

Telecommunications Law of 1972, amended in 2000

However, the SCI controls antitrust practices.

Communications Secretariat (SeCom)

Interaction with NRA:

Subsecretariat for consumer defence

Authority in charge of protecting consumers:

Decision making criteria (voting):

Argentina Conectada Plan Designation of CNC controller

Antitrust Law of 1999

Merger control rules

Economic concentrations include: company mergers; transfer of ongoing concerns;

Telecommunications General Act (LGT) of 1997

Decision making body:

Decision making criteria (voting):

Interaction with NRA:

Annual report: 2012

Authority in charge of protecting consumers:

Abusar - Association with focus on telecommunications

Decision making criteria (voting):

Appeals to NRA decisions:

Revised competition law Anatel restructuring

Competition Law of 1994

Thresholds and criteria obliging request of prior authorisation:

General Telecommunications Law of 1982 (GTL) amended in

solve cases in connection with anti-competitive practices

Interaction with NRA on telecom-related issues:

Ministry of Transport and Telecommunications

Authority in charge of protecting consumers:

Consumers can file claims to SERNAC.

Decision making criteria (voting):

In general, Subtel´s decisions are subject to judicial review.

Digital Agenda for 2013-2020 / "Modernisation" of Subtel

Competition Law of 1973, amended in 2003

Merger control rules

There is no obligation to notify mergers for approval.

ICT Law of 2009

Decision making bodies:

Decision making criteria (voting)

Annual reports: 2012 public account report

Authority in charge of protecting consumers:

Decision making criteria (voting)

New SIC superintendent and new CRC executive director / CRC

Competition Protection Law of 2009

Merger control rules

Thresholds and criteria obliging request of prior authorisation:

General Telecommunications Law of 2008

Decision making body:

Decision making criteria (voting): Majority (voting quorum is 4 members. At least 3

Ministry of Science and Technology

Interaction with NRA: Informal cooperation.

Authority in charge of protecting consumers:

NB Market analysis procedure (ex-ante): SUTEL published in November 2012 new

Appeals to NRA decisions:

Transfer of telecom vice-ministry to Ministry of Science and

Competition Law of 1995

Thresholds and criteria obliging request of prior authorisation:

Reformed Telecommunications Law of 1992 and general

Telecommunications services have been open to competition since January 2002.

Superintendence on the Control of Market Power

Ministry of Telecommunications and Information Society

Interaction with NRA:

DIDECO, within the Ministry of Industry and Productivity