Bill 670.

Summary.

The bill establishes a mandatory automatic compensation system for prolonged, repeated or unjustified interruptions of public services. It would cover electricity, sanitary sewerage, telecommunications, residential and commercial internet, fixed and mobile telephone service, subscription television, gas distribution through networks, and any other public service regulated by the State. Any continuous interruption exceeding four (4) hours would trigger financial compensation, which the provider would credit on the next bill without requiring a consumer request.

The minimum compensation would be a credit equal to 10% of the monthly bill for interruptions between 4 and 8 hours; 20% of the bill for interruptions of more than 8 and up to 12 hours; 40% for interruptions of more than 12 and up to 24 hours; and 100% of the monthly bill for interruptions of more than 24 hours. If interruptions accumulated within the same month exceed twenty (20) hours, the user would receive an additional credit of twenty percent (20%). A continuous interruption exceeding forty-eight (48) hours would require compensation equal to two (2) full months of the affected service. If it exceeds seventy-two (72) continuous hours, the provider would have to grant three free months of service, compensate the user for demonstrable losses and submit a technical report to the regulatory authority.

Providers would have to record all service interruptions electronically, with records available for audit by the competent authority. They could not require forms, in-person claims, telephone calls, emails or additional evidence as a condition of compensation. Every bill would contain a section headed “Automatic compensation for service quality.” Providers would publish monthly on their websites the hours of interruption, number of users affected, compensation paid and causes of interruptions.

Failure to apply automatic compensation would carry a fine of B/. 10,000.00 to B/. 500,000.00 for each violation, in addition to the compensation owed. If a provider repeats the violation on three occasions within the same year, the regulatory authority could impose fines of up to B/. 5,000,000.00, temporarily suspend new connections, restrict participation in new public concessions or order administrative intervention where the service is affected on a mass scale. Financial compensation would be doubled when an interruption affects hospitals, educational centers, nursing homes, persons with disabilities or people dependent on electrical power.

An act of God or force majeure would exempt a provider from liability only if duly substantiated and certified by the competent authority; the provider would remain obliged to restore service as quickly as possible. The regulatory authority would publish a national service quality ranking quarterly, while providers would maintain real-time digital monitoring systems to verify interruptions and calculate compensation. Falsifying, altering or concealing information about interruptions would constitute a very serious violation punishable by fines of up to B/. 10,000,000.00, without prejudice to civil and criminal liability. The bill declares its provisions to be matters of public order and social interest and voids contractual clauses that limit or eliminate automatic compensation. The Executive Branch (Órgano Ejecutivo) would issue regulations within one hundred eighty (180) days following promulgation, when the proposed law would take effect.

The bill's subject matter involves the Executive Branch, the regulatory authority and the competent authority. It could concern public service providers and residential and commercial users, including hospitals, educational centers, nursing homes, persons with disabilities and people dependent on electrical power.