Article 21º
Public use of telecommunication services
1. All individuals or corporate legal entities, and the public in general, have
the right to use public telecommunication services that meet conditions of
efficiency, modernity and diversity in the rendering thereof, within the limits
established in the respective regulations and through payment of rates and
fees.
2. The Telecommunications Authority monitors the overall performance of the
Incumbent Carrier through appropriate entities and mechanisms, particularly the
quality and the manner in which public telecommunication services are
rendered in general, in order to safeguard the interests of the State, national
security and the public.
Article 22º
State intervention
1. The State shall intervene whenever compliance with the social function of
a public telecommunications network is at risk, or when situations that severely
affect the rights of its subscribers occur.
2. In order to guarantee the continuity of the services and by request of the
Regulatory Agency, the Telecommunications Authority may decree intervention
in the public telecommunications carrier, whenever the following are noted:
a) Unjustified service stoppage;
b) Inadequate or insufficient services rendered and not restored within a
reasonable period of time;
c) Economic and financial imbalance arising from poor management
threatening the continuity of the services;
d) Severe violations;
e) Failure to meet the universal access targets;
f) Unjustified refusal of requested interconnection;
g) Economic offence as defined by the specific law.
3. The executive intervention decree lists the purposes, manner, period and
limits of the intervention that shall be established according to the reasons that
prompted this intervention, and appoints the intervener.