The Brazilian Institute for Consumer Protection (IDEC) issued a technical note in which it points out problems in some points in the amendment of the General Regulation of Consumer Rights of Telecommunications Services (Rgc) proposed by Anatel. The document (issued on 05/03) was written as a way to complement the Consumer Protection Code, but with specifications regarding fixed and mobile telephone services, internet and pay TV.

In the middle of last year, Anatel drafted some changes to the RGC aimed at making the relationship between consumers and telecommunications companies clearer. The proposed changes are part of the agency's Regulatory Agenda and were put out for public evaluation, in which any citizen can contribute comments regarding each topic that will be changed.

When analyzing the proposed changes to the regulations, IDEC identified some problematic points, mainly in relation to consumer rights. Therefore, the agency issued a note with its considerations on the subject to propose that the topics that present obstacles to citizens be reviewed.

How it affects the consumer's life

The proposed changes directly affect consumers, as they stipulate rules that must be followed by companies when dealing with customer service, service provision, product sales, and more. Thus, any problem resolutions could make the relationship between the customer and the company more costly, especially for the customer.

To give an example, if a user of a service of communication contact the operator to resolve your problem, the deadline for this resolution is at the company's expense. Personal assistance may be reduced and the waiting time may be indefinite. The ceiling on fines and the important message field on the invoice document (space used to alert the customer about matters of interest to them) are also to be removed.

However, one of the reforms presents major benefits for consumer relations between citizens and communications companies, especially for the poorest classes: exclusively digital service.
Although the use of bots to serve users has become a trend, the way it is applied can be harmful.

On the subject, IDEC lawyer Fábio Pasin comments that “the problem arises when companies are allowed to offer different prices […] The tendency is, obviously, for plans with in-person and telephone service to be more expensive than plans with exclusively automated-digital service”. Considering the country’s socioeconomic reality, Fábio explains that “this proposal brings serious harm to the most vulnerable consumers who depend on non-digital forms of service, especially by telephone”.

Public consultation

In December 2020, Anatel put the document proposing changes to the RGC out for public consultation so that citizens could participate in the process. The deadline for contributions had been set for March 2. This period is somewhat complicated, after all, it is marked by the end-of-year and carnival festivities, and so the document would not receive the attention it deserves from civil society.

However, due to the relevance of the topic, IDEC requested an extension of the deadline so that a greater number of people could have access and time to analyze the changes. Therefore, the consultation will be available until April 1st.

On February 9, Anatel held an event in which members of organizations linked to communications companies and consumer rights were able to participate. The idea was for representatives to discuss the changes to the RGC and present their contributions on the topic. All of these analyses, and even the public consultation, are not binding. In other words, the changes can be approved without accepting the contributions, if Anatel understands that the revisions do not contribute to the topic.

However, the agency must maintain a conciliatory stance since “the dialogue built throughout this recent public consultation process, through hearings and our contributions on the topic, tends to result in a more efficient regulation that meets the current needs of consumers”, as Fábio Pasin points out.

Debate space

Despite not having received the necessary publicity, the opening of public consultation is still a democratic process since it allows consumers to participate. However, the model still faces some problems.

Anatel's system for accessing the public consultation has some difficulties in terms of accessibility, and in addition, “it is not very inviting, requiring technical knowledge for understanding and participation,” adds Fábio.

These difficulties, combined with a lack of comprehensive communication, create obstacles to effective public participation. As a result, “the largest number of contributions received in public hearings and consultations come from service providers, whose interests diverge from the public interest,” points out Fábio Pasin, who concludes, “agencies must make an effort to conduct public consultations in the most participatory way possible.”

Anatel's press office was contacted so that the agency could express its position on the matter, but had not responded by the time this article was published. If you would like to participate in the public consultation, just click here here.

Image: AnuchaCheechang (iStock)