Justice suspends sale of new lines of Tim by 30 days

23 February 2012 | In News | 675 views | By

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Judge Claudius Kitner, the second stick of Federal Court in Pernambuco, determined, This Thursday (23), the suspension of sale of new lines or cell phone subscriptions by Tim, for a period of 30 days. The measure applies only to the State of Pernambuco, Brazil, with the exception of 17 places where the service is provided exclusively by the company, and meets a lawsuit brought by the Association of Citizenship and Consumer Protection (Adecon) and by State section of the Bar Association of Brazil (OAB-PE).

homens azuis timThe process began in December. The national agency of Telecommunications (Anatel) It was convened as an Assistant – that is not the defendant, but it will be heard by the judge to have important information to be provided about the case. “How Anatel regulates the industry, have to provide this technical information, If the judge so decides”, explains Henry Mariano, President of OAB-PE.

According To Mariano, Anatel effectively relinquished technical data for the magistrate who, in 25 from January latest, held a hearing on the conciliation attempt. “Tim presented technical considerations aimed at an agreement, but the OAB has not accepted, porque não havia safety ou garantia de que eles iam cumprir o que estavam dizendo. Anatel also was unable to assess whether the measures would be sufficient, without such equipment be effectively installed”, the complete lawyer.
The technical considerations regarding the President of OAB-PE relate to Tim's intention to increase 25% the network installed in Pernambuco, According to reports the judge in his decision. The magistrate points out that “in 2011, There was an increase of 66% in network capacity installed. (…) If this plan was not enough to solve the serious shortcomings in the provision of the service of Tim, the plan 2012, rather more restrained, does not meet the required quality standard”. Currently, According to Anatel, Tim has 3.537.369 customers in Pernambuco.

The decision by judge Claudius Kitner also prevents Tim performing contracts for portability – When other clients migrate phone, keeping the original number – for a period of 30 days, period within which “the installation and the perfect functioning of the equipment necessary and sufficient to meet the demands of their consumers” shall be demonstrated. If you fail to comply with this hit, the judge ruled for the Tim a fine of R $ 10 thousand per line, access code, signature or portability marketed, In addition to R $ 100 thousand per day of non-compliance with the determination.

“Disability in the provision of the service is a notorious fact, recognized by every citizen that is customer of that company from Pernambuco. The facts that the OAB presented in the petition and that we reaffirm in the audience were all proven”, said Henrique Mariano. According to the lawyer, at the hearing, os representantes da TIM não admitiram os problems no serviço, claiming that, If the service was bad, wouldn't have so many clients.

The locales in which Tim should not suspend the marketing are Bethany, Capoeiras, Sleepers, Gameleira, Espirito Santo, Mirandiba, Queimadas, Oroco, Parnamirim, Spring, Sairé, Santa Cruz, Santa Filomena, Santa Clara, Tuparetama, Greenery Pronged and.

On the official note, Tim reported that “from the confirmation of the decision, Notice the judicial determination”, but not confirmed whether it will appeal to the Federal Court of the 5th region, that is the appeal of the Federal Court in Pernambuco. Check Out, below, the full note circulated by the company.

“Tim reports that from the confirmation of judicial decision shall comply with the determination. A empresa ressalta que vem realizando investimentos consistentes para o development da sua rede em Pernambuco, to meet customer expectations and improve increasingly the services provided. Proof of that commitment was the investment of R $ 80 million held in the State, only in 2011, which included the installation of more than 3,8 mil novos equipamentos de transmission (TRX), increasing in 66% the carrier's base in Pernambuco, with emphasis on a greater scope of 3 g coverage. The company will invest: for the triennium 2012-2014 It is programmed to R $ 250 million in infrastructure that will directly benefit users of Pernambuco”.With information of g1.

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