In its contributions on the draft decree setting out the Government?s new telecommunications policy, Telemar says ?several renowned lawyers believe there are no legal foundations? for issuing a decree at all.
Additionally, the incumbent local exchange carrier argues that tariff setting and resetting rules can?t be determined by a Communications Ministry decree. Tariffs come under the jurisdiction of Anatel, it says.
In particular, according to Telemar, it would be illegal for the ministry to issue article 7 (on interconnect, unbundling and user charges).
Telemar also objects to aspects of the ministry?s industry diagnosis. For example, it doesn?t agree with the ministry that competition is ?extremely timid? in fixed-line telephony owing to ?deficient regulation? of unbundling and interconnection.