Ecuador. The Agency for Regulation and Control of Telecommunications, Arcotel, reported that the actions being carried out by the Television System "Ecotel TV" of Loja, in relation to its right to resistance, are carried out outside the legal framework.
This is because, according to the 10th Transitory Provision of the LOC, the ex – CONATEL through Resolution No. RTV-653-23-CONATEL-2014 of September 12, 2014, initiated a process of reversion to ECOTEL for being in arrears between April – December 2002, that is, more than 6 consecutive months, cause for reversal according to Art. 67 i) of the then current Radio and TV Law. Resolution that was notified to ECOTEL on September 23, 2014.
The concessionaire Ramiro Cueva Atarihuana, once notified, entered in the Ex SENATEL his defense arguments, without distorting the charges or justifying the reason for the 9-month delay incurred by his media. Faced with this situation, the former CONATEL, by Resolution No. RTV-929-27-CONATEL-2014 of December 3, 2014, decided to discard the defense arguments presented and terminate the concession contract for UHF television channel 22.
On December 19, 2014, the concessionaire filed an Action for Protection against Resolution No. RTV-929-27-CONATEL-2014; action that by lottery of law fell and was processed by Dr. Otto Montesinos Guarnizo, Judge of the Civil Unit of Loja, who in a sentence issued on January 8, 2015, rejects the aforementioned constitutional action.
Subsequently, the concessionaire appealed the aforementioned resolution, an appeal that in the second instance was known by the Criminal, Military Criminal, Police Criminal and Traffic Chamber of the Provincial Court of Justice of Loja, which in a judgment issued on January 26, 2015, after dismissing the appeal, confirmed the sentence increased in grade.
Due to the fact that the station continued to operate despite the termination of the contract, ARCOTEL considered the above and what was determined in article 124 of the Organic Law of Telecommunications – LOT that establishes: Art. 124. Closure of broadcasting stations.- "Sound and television broadcasting stations that are installed and operate and use frequencies of the radio spectrum for such purposes without the corresponding authorization, and in the same way, in the case of audio and video systems by subscription, even if the latter do not make use of radio spectrum, without the corresponding authorization, shall be closed with the support of the competent National Police authority of the respective jurisdiction where the station or system is installed."
ARCOTEL filed the corresponding complaint with the Criminal Prosecutor's Office of Loja, which led to the corresponding operation.
