Section 44
Mobility
1. ARCOM staff may, whatever the nature of their contractual link, hold positions in other
entities, under the regime of temporary secondment, reassignment or requisition, under the
terms as established by law.
2. Public Administration servants and agents, as well as employees from public or private
enterprises and from public stock companies, may hold positions in ARCOM, under the
regime of reassignment, requisition or temporary secondment.
3. A staff member holding a position under the terms as established in the preceding
subsections shall have his or her place of origin guaranteed, without prejudice to any rights,
and such position shall namely be taken into account for the purpose of counting time
toward seniority, as if such staff member had served in his or her place of origin.
Section 45
Incompatibilities
ARCOM staff shall not work for or provide services, whether remunerated or not, to
enterprises subject to ARCOM’s supervision or others whose activity is at variance with
ARCOM’s responsibilities and competencies.
Section 46
Monitoring functions
1. ARCOM employees and agents, as well as competent persons or entities, duly
credentialed to perform monitoring functions, are equated with law-enforcement agents and
shall enjoy the following prerogatives while fulfilling their duties:
(a) To have access to premises, equipment and services of the entities subject to
ARCOM’s inspection and control;
(b) To requisition documents for consideration, as well as equipment and materials for
conducting tests;
(c) To identify, for subsequent action, all individuals who breach laws or regulations
that they are required to abide by;
(d) To require, when deemed necessary, the collaboration of the competent authorities
for the performance of their functions.
2. ARCOM employees and agents, as well as competent persons or entities, duly
credentialed to perform such functions as referred to in the preceding subsection, shall be
issued ID cards, whose format and conditions of issue shall be set by ministerial regulation
of the Cabinet member responsible for communications.
CHAPTER VI
Supervision, responsibility and judicial control
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