Telemar says new telecommunications policy is ?illegal?

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).

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Telemar also claims that the Executive branch would be infringing the General Telecommunications Act by empowering the Communications Ministry to define specific clauses of the ILECs? concession contracts.
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.


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