He Court Constitutional and the Court Superior Administrative validated, in sentences, the resolution 070-2023 of the Dominican Institute of Telecommunications (Indotel), which establishes the regulations of the Roaming Automatic National (RAN), a measure to guarantee the connectivity of the Userseven in remote areas.
With the implementation of this initiative, customers of the Operators They may maintain the service of calls, messages and mobile data in areas of the country where their main provider does not have coverage, accessing the network of another company without incurring additional costs.
His obligatory applies when a municipality or municipal district requested access to Roaming Automatic Nacional has the presence of two or less providers of mobile services and the provider of the Network of Origin is an incoming or established with a market share of less than 20 %.
“The Indotel enjoys the power to regulate the way in which the dealers provide services”
He Indotel has indicated that, with the measure, it seeks to develop rules “that promote the competence and avoid distortions in the market “, while facilitating, through negotiated agreements, that an operator (network of origin) can use the network of another (network visited) in the places where it does not have its own coverage or infrastructure, subject to the conditions of use and payment to access that infrastructure.
The entity indicated that Users They must be Informed by its operator on their own coverage areas, as well as the areas of National Roamingthe conditions and restrictions of the service and the mobile terminals (phones) suitable for its use.
The resolution adds that the quality of the service provided to the Users of the origin network must be equal to that offered to Users premises of the network provider visited.
Rejection of Telephone
The sentences of TC And the TSA arise because companies Altice Dominican and the company Dominican Telephone numbers (of course) filed resources against the resolution, under the argument that the regulations of the Indotel violates freedom of business, property right and the principle of legality.
In that sense, the Telephone They considered that the institution did not have the power to regulate the National Roaming Without an express law.
What did he ruled TC?
In the sentence TC/1091/24, el Court Constitutional He concluded that the regulations do not transgress the principles cited and that the regulation of essential public services, such as telecommunications, may be subject to intervention state to guarantee access and competence fair
“He Indotel Enjoy the power to intervene in the market and regulate the way in which concessionaires provide public telecommunications services to Users“, says the document.
He adds: “The exercise of said power is based precisely on the existence of a legal provision that empowers you to issue general scope regulations, in accordance with the criteria of the governing body of the telecommunications system, taking as a parameter the principles of effectiveness of the administration , free competenceas well as the public and social interest. “
He Court Superior Administrative, through its fourth room, decided the contentious resources filed, ratifying the power that the General Telecommunications Law grants to the Indotel To ensure the right of information and communication, according to the provisions of this legal text, the entity reported in a statement.
About the Operators
Free newspaper tried to obtain statements from Operators Telephoneespecially clear and Alticein order to know what will be the next steps after the decisions of the TC and the TSA. In the case of the first, it was not possible to get a position at the close of this publication.
In the case of Altice Dominicancompany personnel indicated that the issue is being evaluated and that a public position has not been defined so far.
