Summary.
Article 1 proposes new wording for Article 8 of Law 26 of 1996, concerning the jurisdiction of the Public Services Regulatory Authority (Ente Regulador). Under the respective sectoral laws, that jurisdiction would cover companies providing drinking water, sanitary sewerage, electricity, telecommunications, radio and television services, as well as companies engaged in the transmission and distribution of natural gas. The provision identifies the activities covered and refers to the laws governing each sector for the terms on which the Authority exercises its jurisdiction.
The same article would require providers of those services to facilitate contracting procedures for users. Producing a property title would cease to be an indispensable condition for receiving service. A user could instead present another form of evidence, issued by a competent local authority, that legally justifies the user’s presence on the land or other real property. The rule concerns contracts for the services listed in the article and allows lawful presence on the property to be established without producing a property title.
Article 2 proposes to replace Article 22 of Law 26 of 1996, headed “Judicial Review.” It provides that resolutions issued by the Public Services Regulatory Authority could be appealed only before the Third Administrative Litigation Chamber (Sala Tercera de lo Contencioso Administrativo) of the Supreme Court of Justice (Corte Suprema de Justicia) when the matter in dispute exceeds particular amounts or values above B/.25,000.00. The provision thus makes access to that avenue of appeal depend on the value of the matter contested in the resolution.
Article 3 expressly identifies the amendments as changes to Articles 8 and 22 of Law 26 of January 29, 1996. Article 4 provides that the proposed law would take effect on the day following its promulgation. These final provisions identify the articles of the existing law that the bill would change and the point at which those changes would begin to apply.
The bill’s subject matter involves the Public Services Regulatory Authority, competent local authorities, and the Third Administrative Litigation Chamber of the Supreme Court of Justice. It could concern or affect users and providers of drinking water, sanitary sewerage, electricity, telecommunications, radio and television services, together with natural gas transmission and distribution companies. Its provisions address contracting for services on land or other real property and appeals against regulatory resolutions.
What it proposes.
- The regulator’s jurisdiction over public service companies.
- Evidence of lawful presence on a property when contracting for services.
- Judicial appeals against regulatory resolutions based on the amount in dispute.
Who it would affect.
- Providers of the listed public services.
- Users seeking to contract for those services.
- Natural gas transmission and distribution companies.
Key points.
- Companies providing the listed public services would fall within the Public Services Regulatory Authority’s jurisdiction under their sectoral laws.Art. 1
- Service providers would facilitate contracting procedures for users.Art. 1
- A property title would cease to be indispensable for receiving service if the user presents other evidence of lawful presence on the property issued by a competent local authority.Art. 1
- Regulatory resolutions could be appealed before the Third Administrative Litigation Chamber of the Supreme Court of Justice only when the matter in dispute exceeds particular amounts or values above B/.25,000.00.Art. 2
- The bill amends Articles 8 and 22 of Law 26 of January 29, 1996.Art. 3
- The proposed law would take effect on the day following its promulgation.Art. 4