With the arrival of Law 1978 of 2019, the National Television Authority (ANT) is abolished, and the Superintendence takes on an important role before consumers of telecommunications and cable services (mobile telephony, fixed telephony, mobile internet, fixed internet, postal services, and subscription and community television) who will have the right to file petitions, complaints, and claims (PQR), as well as appeals and reconsideration remedies.
Law 1978 of 2019, in its Article 1, addresses its main objective, which is the regulation of all matters concerning "...aligning incentives of agents and authorities in the Information and Communication Technologies (ICT) sector, increasing their legal certainty, simplifying and modernizing the institutional framework of the sector...". What it intends is to comply with the principles that lead to the protection of users' rights, guarantee and promotion of free and fair competition, and the promotion of investment.
Following this, it is observed that in Article 39 of the aforementioned Law, the abolition and liquidation of the National Television Authority (ANT) takes place, and the Superintendence of Industry and Commerce assumes oversight and control regarding consumer protection. Also, Article 37 outlines the functions that correspond to the Superintendence of Industry and Commerce regarding restrictive competition practices and business integrations, as well as user protection. Moreover, not only does this law empower the Superintendence to participate in these situations, but also Law 1480 of 2011 (Consumer Statute) and Law 1340 of 2009, which regulates competition protection.
The National Television Authority (ANT) was regulated by Law 1507 of 2012, whose purpose was the rights and freedoms of all persons related to television services, as well as state duties regarding the provision of the service, "...formulation of plans, regulation of management, and control of television services..." (Law 1507 of 2012, Article 1).
These two laws have different purposes, where the new Law 1978 of 2019 is broader, with objectives including focusing investments on effectively closing the digital divide and enhancing private sector involvement in the development of associated projects, as well as increasing efficiency in the payment of compensation and economic burdens of sector agents, as mentioned at the beginning of the article.
Users of telecommunications and cable services will have the possibility to file petitions, complaints, and claims with the contracting company, and reconsideration remedies and appeals in subsidiary form before the Superintendence of Industry and Commerce. Therefore, it will be considered that administrative silence may apply once 15 business days have passed since the submission of the petition. Additionally, the Superintendence will have the authority to sanction, issue instructions, and give orders to service providers. The Superintendence will be available to process these cases in a timely manner, and one of its objectives is to ensure that service providers adopt measures to improve their customer service.
Users of Information and Communication Technologies (ICT) can exercise their consumer rights by filing a petition, complaint, or claim (PQR) with the operator. If the operator does not respond, they may file a reconsideration remedy and, in subsidiary form, an appeal with the Superintendence of Industry and Commerce.
If the user does not receive a response within 15 business days, positive administrative silence is understood to have occurred, meaning the remedy has been resolved in favor of the user. If the operator does not apply positive administrative silence, the user has the right to file a complaint and follow up on the investigation through the Superintendence of Industry and Commerce.
In conclusion, the Superintendence of Industry and Commerce will have oversight and control regarding consumer rights through Law 1978 of 2019, and the ANT will no longer regulate consumers of telecommunications and cable services (mobile telephony, fixed telephony, mobile internet, fixed internet, postal services, and subscription and community television). The user will initially have the possibility to go to the company with which they have contracted the services, and if the company does not respond to the PQR, they may go to the Superintendence of Industry and Commerce in second instance, filing a reconsideration remedy and, in subsidiary form, an appeal, and finally, before the same, they may file a complaint.