Sunday, February 12, 2012

MPF / PI goes to court with Anatel and Claro and asks for damages of $ 50 million

The Federal Prosecutor's Office in Piaui (MPF / IP), through the federal prosecutor Pinheiro Kelston Lages, filed public civil action with a request for injunctive relief against Claro SA and the National Telecommunications Agency (Anatel), which seeks to protect consumer rights of the State of Piauí, in addition to the need for caution in the adequate provision of mobile phone service, which falls directly in activities of social and economic order of the population Piauí.

According to the lawsuit, which was based on the report of the Anatel, of Claro SA users were unable to make and receive calls because the mobile phone system displays the message "network busy" or "network unavailable" and when someone tries to call the phone that is in a region that has lock, you can receive a message indicating that the phone is disconnected (mailbox). Anatel also points to drops called as another problem of the mobile operator, that even getting the customer to complete the connection, this is abruptly interrupted by the system.

It was also found that the Claro SA has expanded its access network, in municipalities with higher traffic (Luzilândia, Bars, Valencia Piauí, Teresina, and Union), and do not keep the data stored hourly traffic rate, blocking and dropped calls, as required in Art. 7 of the Rules of Quality Indicators of Personal Mobile Service, attached to Resolution No. 335/2003. The MPF also requested the court to the Anatel with full engaged their police powers within the state, increasing surveillance of mobile phone services in the state of Piaui.

 To Kelston Lages, "using the cell phone has the function enable prompt communication and cause people to interact more quickly and effectively, but it has outlived its usefulness because of the constant interruptions of the mobile service in the State of Piauí." On a preliminary basis, the prosecutor asked the Kelston Lages Federal Court that Claro SA Keep stored for a minimum period of 30 months, the primary data collected monthly for calculating the value of each quality indicator of the Personal Mobile Service, specifically the indicators relative rates of outgoing calls completed, call set-up and drop links.

It also asks the operator to refrain from selling new subscriptions or enable new lines (or access codes) to achieve portability and access codes for other carriers, persisting until such prohibition proves the installation and operation of the equipment necessary and sufficient for meet consumer demands it currently has in Piaui, including how much pent-up demand due to the poor service delivery, with Anatel stating.

Another request is that Claro SA furnish within 30 days, the network expansion project, in the manner to meet the requirements mentioned in item above, with the approval of Anatel, on the effectiveness of the project, considering the current levels of blocking and dropped calls as well as pent-up demand, and begin implementation within 30 days following such presentation, or other period as the court considers reasonable, determining the Anatel to oversee the execution of the project, issuing report quarterly, to be headed Justice.

 Finally, he asks the court to order the Claro SA to pay a daily fine of R $ 100 thousand for each new line enabled, new signature portability marketed or held in breach of what is decided regarding the items "a" and "b" above.

In the final judgment on the merits, the state prosecutor shall requested that the court confirm the injunction, if granted, and order the defendant to provide the Claro SA mobile service personnel as appropriate, safe, efficient, so as to adjust the levels falls and blocks calls in the state of Piaui, the provisions of specific legislation, concluding the said expansion project within one year or other more appropriate established by law.

It also requests that the Claro is convicted by a judgment, as a collective moral damages, the payment of an amount of R $ 50 million fund to be reversed, according to art. 13 of Law no. 7.347/85 deposited in government credit account with indexation. And the Anatel is bound to exercise in full their police powers within the state, increasing surveillance, the mobile telephony services in the state of Piaui, and to monitor the performance measures established in the previous items.

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