4. The intervention should not affect the normal functioning of the services
rendered by the utility to subscribers, for which purpose the executive decree
mentioned in the previous item shall define the appropriate measures to be
adopted, including the possible appointment of a Management Committee to
undertake the intervention.
Article 23º
Establishment of rates
1. Without adversely affecting the rules of the market forces in establishing
rates through free competition among the carriers, the competent Regulatory
Agency is responsible for determining the rate structure for each type of service.
2. The basic service prices are subject to a special control system stipulated
by the competent State Entities, with due respect to the legislation applicable
thereto.
3. For segments endowed with ample and effective competition, the rate may
be established by the carriers. The rates should be notified to the Regulatory
Agency for ratification 15 days prior to their entry into effect.
4. In service segments lacking ample and effective competition, the rates are
established by the Regulatory Agency, taking into account the service costs
structure and the fair profit margin of the carrier.
5. Telecommunication carriers are responsible for providing the studies
required to establish or ratify the rates.
6. The Telecommunications Authority is responsible for defining which
service segments are regulated by the provisions in item 2 of this Article.
7.
Crosssubsidies among different telecommunication services are banned.
Article 24º
Control of telecommunication materials
1. The import, manufacture, sale, resale and assignment or transfer of
telecommunication materials is dependent on prior authorization from the
Telecommunications Administration, under the conditions established in the
regulations.
2. Provisions in the previous item are not applicable to materials for entities
involved in national defense, security and domestic order.
3. For the purpose of item 1 of this Article, telecommunication materials are
understood as that intended to perform any type of telecommunication service.