A bill approved by the Legislative Assembly of the State of Amazonas prohibits telecommunications companies from including value-added services (VAS) in plans without the customer’s consent. Operators do not collect tax on app subscriptions, reducing revenue.
Bill PL 39/2019 is authored by deputy Serafim Corrêa (PSB-AM), who is chairman of the Science and Technology, Communication, Information Technology and Innovation Commission. According to the parliamentarian, “almost 40% of what is paid on the bill corresponds to extra services not requested by the consumer, embedded in the account”.
According to the PL, “the offer and sale of services of additional value, digital, complementary, supplementary or any other, regardless of their name, is prohibited to the consumer, when added to telecommunication service plans”.
In addition, it is not possible to consider free of charge “the services provided, own or from third parties, unrelated to telecommunication, that have not been contracted or requested by the consumer”.
To the news agency of the Assembly, the deputy explains that the operators only collect the ICMS on the value of the subscription of the plan, and not of the subscriptions of the apps, which reduces the collection of the telephony sector.
Santa Catarina also prohibits VAS
The measure is similar to that taken by the state of Santa Catarina, where operators had to readjust their plans: for example, TIM Beta cannot be activated in the state. Vivo also reduced the portfolio of postpaid plans, while Oi removed the SVAs from the plans.
Through Sinditelebrasil, operators question in the Supreme Federal Court whether the states have the autonomy to legislate on telephone services. Regarding the case of Santa Catarina, the entity previously said that “the Federal Constitution defines that it is the exclusive prerogative of the Union, and not of the States, to legislate on telecommunications”.
With information: Teletime.