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In March 2005, a Memorandum of Understanding (MOU)
was signed by the Ministry of Economy and the Ministry of
Communications, Infrastructure, and Housing to bring together efforts
to protect users and consumers of telecommunication services in
Guatemala.
The MOU will be implemented through the Office of
Consumer Protection and Services (DIACO) and the Telecommunication
Superintendency (SIT), which will promote, each in accordance with its
functions, the promotion and protection of the rights of individuals
and companies using telecommunication services.
Instruments of this type have already been utilized
by different entities to enhance efforts made within the Government of
Guatemala. In this case, benefit will be gained from the experience
and technical knowledge of the SIT, the entity with most knowledge of
the sector, and from DIACO’s legal structure, physical infrastructure,
and experience of protection of Guatemalan consumers.
To that end, the SIT will have staff at DIACO
premises to facilitate such support as it may need to carry out its
functions. The SIT will also provide DIACO with training on different
aspects of telecommunications to enable it to carry out its activities
more effectively.
These actions will provide additional support in
protecting the rights of telecommunication service users, as it will
clarify for them the steps to be taken if they feel their rights have
been affected or violated by business practices of telecommunication
service operators.
To that end, joint visits will be made to
investigate reports filed by users; and records of complaints will be
reviewed to establish whether they are being processed correctly and
whether such records are being made available to users.
Among other joint activities, subscription
contracts will be evaluated prior to registration with DIACO, making
the observations thereon deemed pertinent, to ensure that they contain
no clauses detracting from consumer rights or clauses conducive to
unfair treatment of consumers.
In addition, DIACO, in conjunction with the SIT and
the Metrology Unit, will develop a plan for testing measurement
instruments used by telecommunication service providers to ensure that
they are properly calibrated and that users are properly invoiced
users.
Rodrigo Robles
Coordinator of Planning and Development
SIT - Guatemala
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