Opposition threatens to seek judicial review of telecoms policy decree

Congressman Alberto Goldman (PSDB, São Paulo) this week said his party, which leads the opposition in Congress, is seriously considering legal action to seek judicial review of the telecommunications policy decree to be issued soon by President Luiz Inácio Lula da Silva.
He was speaking on Wednesday, June 4, after Communications Minister Miro Teixeira testified to the a committee of the lower house on details of the new policy. The Social Democrats (PSDB) believe the decree will be illegal in several respects, Deputy Goldman said, citing items that in his view usurp the powers of Anatel.
The main challenge will be to the ministry?s right to set or approve tariff increases, he said. Addressing the Communication Committee after Mr Teixeira?s testimony, he defended the tariff review model in place, arguing that indexation in telecoms can?t be abolished without similar changes in policy for the energy and oil sectors, among others.

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Retroactive
Dep. Goldman said indexation isn?t the biggest problem with the existing contracts but it?s reasonable for the Government to seek a formula for lower tariff increases based on a measure of productivity. Going even further than the Government, in fact, he suggested that productivity measures should be applied retroactively to a review of tariff hikes granted in the past.

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