The Board of Directors of the Dominican Institute of Telecommunications (Indotel) through its president, Nelson Arroyo, explained that the regulatory body established which are the relevant markets that will be subject to regulation “ex ante” (from entry, into force) in the Dominican Republic through Resolution No. 098-21, published last Tuesday, October 20, 2021.
It is recalled that, for the date of October 14, 2020, Indotel consulted the first part of the study to define the relevant markets subject to ex ante regulation prepared by the COWI firm with financing from the European Union (EU), through resolution 76-2020.
During the consultation process, it says that the Indotel, on December 10, 2020, received the comments of the different interested parties, including that of the provider Trilogy Dominicana SA (VIVA), a company that presented its observations and recommendations in the course of the process, and that it claims Indotel for the alleged monopoly of another company of the same kind.
Arroyo explained that after weighing all the writings and holding a public hearing to hear opinions on the matter, on September 20, 2021, the Indotel Board of Directors issued resolution 98-2021, proceeding with the determination of the Relevant markets subject to “Ex-ante” regulation, that is, preventive regulation, as proposed by the study carried out, which did not accept the comments received by the providers.
In this regard, he added that Indotel is working on the determination of operators with a dominant position and identification of measures to prevent possible abusive practices and how to act to promote greater competition within the telecommunications sector in the Dominican Republic, based on the results of the study presented by COWI.
Regarding the application of the mobile service activation standard, which has recently entered into force, it indicates that the regulatory body has carried out, and is conducting studies that show that all providers have incurred a certain level of non-compliance with said standard, which, in this first phase of auditing the implementation of this standard, have been duly identified by Indotel and notified to each of the concessionaires so that they can adopt the corresponding corrective measures.
Faced with the decision to bring to court the sanction for illegal use of the spectrum, Indotel recognizes the right of that concessionaire to appeal the resolution, however, it reiterates that it is an action that is attached to what is established by the General Telecommunications Law , no. 153-98 and the binding legal system, and, therefore, seeks to guarantee strict compliance with the law by all participants in the sector.
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