Legislative Decree
The sanctioning Procedure default of authorization of elements of inafrestructura in telecommunications must initiate with a preventive notification, which must contain the following thing minimumly: (i) The facts that are imputed like possible infraction, (II) the expression of the possible sanctions, (III) the competent authority and (IV) the norms of competition, according to indicated by 3 numeral) the Article 234 of the Law N 27444. It is the case, that the Local Governments, come using this imputation, like the main one half to compel to the companies of telecommunications to the payment of the rights of rates, as in the majority of cases they constitute illegal bureaucratic barriers., often being denatured cel tributary concept of rate. In the notifications, the astronomical fines are placed in advance to which the companies would become creditors of not take refuging the unloading of the last ones. In our professional experience generally the preventive notifications default of payment of rate by elements of infrastructure of telecommunications has the following vices: They retroactively apply to the TUPAS and the effective EVENNESS to infractions committed prior to its use. They illegally invest the burden of proof, soliciing the administered one to credit that it has the corresponding authorizations. A correct identification of the facts infraction matter, whereas does not exist usually it is not individualized as they are the elements of external plant that lack identification. Thus, generally the imputation is reduced to the formula to lack authorizations of X posts, N linear meters of canalization, L cameras, etc.? An suitable motivation does not exist, whereas it is only fulfilled invoking the fact and to invoke the supposed applicable norms, nevertheless, does not exist an entailment between which it makes the imputation coherent. They contain a irrazonable calculation of the supposed infraction to impose in the case that takes shape a fine, harming itself the limits established in the Article 10 of the Legislative Decree N 1014.
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