Colombia. The Directorate of Consumer Protection Investigations of the Superintendence of Industry and Commerce (SIC), through Resolution 3351 of 2014, formulated a STATEMENT OF OBJECTIONS against sixteen (16) agents of the television market (manufacturers, importers and marketers), for allegedly failing to comply with the minimum information that must be provided to consumers, in particular, that of indicating whether or not the televisions are authorized to receive Digital Terrestrial Television (DTT) with the DVB-T2 standard chosen for Colombia and which is already used in 146 of the 198 countries in the world.
In September 2013, the Directorate of Consumer Protection Investigations of the SIC began preliminary investigations, in order to verify compliance with the different special information obligations in charge of manufacturers, importers and marketers of televisions regarding the compatibility or incompatibility of televisions with respect to Digital Terrestrial Television (DTT).
To this end, several administrative inspection visits were made to different market agents in Bogotá, in which the procedure for selling the televisions and the information provided to the public about these products, as well as their websites, were verified.
After analyzing the information collected in the administrative visits and inspections, the Superintendence of Industry and Commerce formulated a STATEMENT OF OBJECTIONS for alleged violations of articles 23 and 24 of Law 1480 of 2011 and its Single Circular version 2011, derived from the possible breach of the special obligations of information on the new Digital Terrestrial Television system and the compatibility of the televisions offered to consumers.
The sixteen (16) companies to which the STATEMENT OF OBJECTIONS was formulated are:
• DONGBU DAEWOO ELECTRONICS COLOMBIA S.A.S.
• PHILIPS COLOMBIANA S.A.S.
• AD ELECTRONICS S.A.S. (HYUNDAI IMPORTER)
• CHALLENGER S.A.S.
• COMERCIALIZADORA MTX S.A.S. (IMPORTER OF HISENSE)
• PANASONIC DE COLOMBIA S.A.
• SONY COLOMBIA S.A.
• SAMSUNG ELECTRONICS COLOMBIA S.A.
• LG ELECTRONICS COLOMBIA LTDA.
• EMPRESAS LA POLAR S.A.S.
• CENCOSUD COLOMBIA S.A.
• ALMACENES ÉXITO S.A.
• COLOMBIANA DE COMERCIO S.A.-CORBETA S.A. AND/OR ALKOSTO S.A.
• RIPLEY COLOMBIA TIENDAS POR DEPARTAMENTOS S.A.S.
• ALMACENES LA 14 S.A.
• FALABELLA DE COLOMBIA S.A.
Possible sanctions
In the event that the process ends up declaring that there was a violation of the Consumer Statute and the Single Circular, the Superintendence of Industry and Commerce, in accordance with the provisions of Article 61 of Law 1480 of 2011, may impose sanctions of up to ONE THOUSAND TWO HUNDRED AND THIRTY-TWO MILLION PESOS ($1,232 million) on each of the investigated equivalent to TWO THOUSAND LEGAL MINIMUM MONTHLY WAGES (2,000 SMLMV).
No appeal may be lodged against the resolution by which the Statement of Objections was formulated.
The offer in the Colombian market includes factory-enabled televisions for the reception of the DTT signal and televisions not factory-enabled that need to be conditioned with decoders and antennas, without the differences between them being easily identifiable for consumers. Consequently, the Communications Regulatory Commission (CRC) and the Superintendence of Industry and Commerce (SIC) imposed special obligations on the different market agents (manufacturers, importers and marketers) to provide information on the compatibility or otherwise of televisions with Digital Terrestrial Television (DTT), so that consumers make their decisions sufficiently enlightened and aware of the characteristics and attributes of televisions.
The special reporting obligations can be summarized as follows:
1. Post on all televisions exhibited at points of sale in a legible manner, a notice that warns whether or not the television is compatible with the standard adopted in Colombia for DTT.
2. Provide the consumer who acquires a television set with all the information relating to the new DTT system in printed form and on a separate sheet of a different colour.
3. In case of having a website and/or permanent sales advisors (promoters), have the relevant information on the operation, characteristics, advantages, incompatibilities and scope of Digital Terrestrial Television (model document of questions and answers prepared by the Superindustry).
The Digital Terrestrial Television Transmission Network – Today
Currently, the Digital Terrestrial Television Transmission Network is deployed and in operation in 47 cities covering a large part of the national territory and approximately fifty percent (50%) of the Colombian population, as follows:
On the other hand, next month (April 2014), transmissions will begin on the public DTT network operated by RTVC with an approximate coverage of 50% of the Colombian population.
Pedagogy and upcoming inspections and investigations
The National Television Authority (ANTV) and the Superintendence of Industry and Commerce (SIC) will continue to carry out their dissemination work on the benefits and characteristics of Digital Terrestrial Television (DTT) and the European DVB-T2 standard chosen for Colombia, while increasing administrative inspection visits to the different market agents in order to continue verifying that the obligations are being complied with throughout the national territory special information by producers, importers and marketers.
Colombian consumers must be properly informed in order to ensure that their purchasing decisions are made in a conscious and enlightened manner; which is particularly timely on the eve of the World Cup in which a significant increase in television sales is foreseeable, given the historical behavior of this market in our country.
