Bill 370.

Summary.

The bill recognizes end users’ right to dignified and fair service in essential sectors. It proposes proportional billing adjustments for significant internet outages or intermittent service and automatic credits on electricity bills when service continuity thresholds are exceeded. Its provisions would apply to companies that distribute electricity or provide telecommunications services in the Republic of Panama in their dealings with residential and commercial customers. It defines internet outages and intermittent service, telecommunications, and electricity service continuity thresholds. The National Public Services Authority (Autoridad Nacional de los Servicios Públicos) would define the parameters for intermittent service and define and update the thresholds based on technical indicators.

In telecommunications, the provider would deduct from the monthly fixed charge the proportion corresponding to the affected period if outages or intermittent service exceed a combined total of 3 hours in a month. The time would be counted in increments of no more than 15 minutes, with no prior action required from the user when the event appears in the provider’s records or is verified by the National Public Services Authority. At least 3 outages lasting 4 hours or more each during the same period would generate an additional credit of 10% of the deducted amount. For prepaid plans, the validity of the balance or package would automatically be extended by the affected period plus 1 additional hour.

Electricity distribution concessionaires would credit compensation if service continuity thresholds or individual outage limits are exceeded. The National Public Services Authority would set the calculation method; the amount would be no less than the proportion of the fixed charge corresponding to the affected period, with potentially higher amounts for repeated violations. The authority would be required to establish technical thresholds for the benefit of users. Each adjustment would appear clearly and separately on the bill. Providers would apply it automatically when the event appears in their records or those of the authority. Users could file complaints at no cost through digital, telephone, or in-person channels. The response periods would be 10 business days for telecommunications and 15 business days for electricity. If those periods expire without a response or credit, the complaint would be deemed granted by administrative silence, with a credit on the next bill and a refund of improper charges. No reconnection fees or interest would be charged for late payment arising from disputed amounts.

For oversight, records, reports, audits, certified measurements and, in areas without direct measurement, sworn statements would be admissible. Providers would publish and submit quarterly reports. The National Public Services Authority would penalize noncompliance under the sector-specific regimes, with increased fines and corrective measures for repeated violations within 12 months. The rights would be non-waivable, and clauses or practices limiting them would be void. The authority would issue implementing regulations within 90 calendar days, including provisions for independent audits and a public portal. The Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia) would handle complaints about omitted or incorrect adjustments and apply Law 45 of 2007. The bill adds a provider obligation to Article 36 of that law and provides that it would take effect 120 days after its promulgation. Its provisions would be relevant to both authorities, electricity distributors, telecommunications providers, and residential and commercial customers.