CHAPTER IV
Monitoring and penalties
Section 22
Monitoring
1. It incumbent upon ARCOM to monitor compliance with the provisions of the present
Decree-Law through its employees mandated to do so or other agents duly credentialed by
the ARCOM Board of Directors.
2. The employees and agents referred to in the preceding subsection are bound to not
disclose information or data that may come to their knowledge in the exercise of their
functions and that constitute either commercial or industrial secret.
Section 23
Offences and penalties
1. Any natural or corporate person who violates the provisions of this Decree-Law or
regulations published as a follow-up hereto shall be subject to the applicable penalties
provided by law and in the respective concession contract or licence, namely where such
person:
(a) wilfully causes any prejudicial interference with the transmission of a service
provided under the corresponding contract or licence;
(b) offers a telecommunications service subject to a concession contract or licence,
knowing that the same service is not covered by a proper concession contract or
licence;
(c) refuses to furnish information or to produce documents to the regulatory entity
without good reason or obstructs any investigation into an alleged infringement;
(d) wilfully modifies or interferes with the tenor of any communication sent through the
public telecommunications network.
2. The offences provided in this Decree-Law shall be punishable with a fine of US$ 500 to
US$ 5,000 or of US$ 5,000 to US$ 50,000, depending on whether such offences have been
committed by a natural or corporate person, respectively.
3. Attempt to commit, or negligence in connection with, the offences provided in the
present Decree-Law shall be punishable.
4. The regulatory entity may confiscate and alienate any unauthorised radio sets or other
telecommunications equipment or if used to commit any offences within the scope of
application of the present Decree-Law.
Section 24
Processing and imposition of fines