do business in the Dominican Republic - Pellerano & Herrera

DOING BUSINESS INTHE DOMINICAN REPUBLICIndustrial bribery, violation of industrial secrets, etc.Restrictive practices are also prohibited, including:Discrimination in business relations among services providers.Practices that limit, hinder or distort customers' rights to have freedom ofchoice.The abuse of dominant positions in the market.Any activities tending to distort, or that effectively or potentially limit ordistort free competition.g) Customers Protection. The promotion of free competition in the marketallows to ensure that customers have access to telecommunications services atreasonable prices, as well as to guarantee their right to freely choose the serviceprovider that better suits them.On the other hand, telecommunications companies are obliged to comply withthe principles of continuity, generality, equality, neutrality and transparency intheir relations with their customers.Telecommunication companies are also obliged to provide certain services freeof charge, such as customer service, tariff consultation service, general consultationservices,receipt and treatment of complaints,and treatment of emergencies.In addition, customers may address themselves to INDOTEL in order to solvetheir conflicts with the telecommunications companies, who will acts as arbitratorin these cases.As mandated in Law 153-98, INDOTEL adopted on 23 March 2001 a Regulationfor the Resolution of Disputes between Consumers and Providers of PublicTelecommunications Services.h) Radioelectrical Spectrum. One of the main objectives of Law 153-98 is to providean adequate legal and technical framework for the regulation of the radioelectrical spectrum in the Dominican Republic, which had been characterizedfor being very disorganized. INDOTEL started the process of cleansing of theradio electrical spectrum, and by July 2004 the country had 43 television channels,136 AM radio stations and 194 FM stations, and 20 short wave stations.The country has also 60 concession holders for cable transmission, 16 concessionholders for telephone services, of which eight are currently providing services,and seven internet providers.In this regard, Decree 518-02 of 5 July 2002 approved the National Plan forAttribution of Frequencies, while INDOTEL adopted on 20 June 2002 theRegulation on FM Broadcasting (Resolution 045-02) and Regulation on AMBroadcasting (Resolution 046-02).76i) Universal Service. Law 153-98 mandates the creation of the “Contribution tothe Development of Telecommunications (CDT)”.This contribution will be madeby all telecommunication companies and amounts to two percent of (i) theincome received each month from the bills issued to final customers, and (ii) theincome received each month from international correspondent services. The