Sole Paragraph. In case the unjustifiable refusal of interconnection involves bad-faith, in addition it is applied disposition of article 177 of Law No. 9,472 of 1997.
Sole Paragraph. The Concessionaire will not be entitled to any kind of exclusivity; neither will it be able to claim any rights as to the admission of new providers of the same service, in the public or private regimen.
Sole Paragraph. The Concessionaire will present to the competent agencies, whenever required, the reports of environmental impact, as well as will arrange for the achievement of the respective license, as per applicable legislation.
Sole Paragraph. The reversible assets will be transferred to Anatel free of any encumbrances or duties, abiding by hypothesis in paragraph 2nd of the following clause.
Sole Paragraph. The submission of any issue to arbitration does not exempt Anatel, nor the Concessionaire, from the obligation of fully complying with this Contract, nor allows the interruption of the activities linked to the concession.
Sole Paragraph. The services referred in this clause will be implemented in up to 30 (thirty) days after the request, irrespective of the conclusion of the negotiation between the parties, or the eventual requests of settlement of conflicts submitted to Anatel, abiding by dispositions of Paragraph 2nd of clause 16.
Sole Paragraph. Anatel may determine the alteration of implementation, expansion and modernization goals of the service, abiding by the right of the Concessionaire not to be compelled to bear non recoverable additional costs with the income resulting from the compliance with these goals by means of the efficient exploration of the service.
Sole Paragraph. Anatel may refuse the installation of the Arbitration Court if, duly grounded and justified, it demonstrates that the controversy is not included in the list of issues set forth in clause 33.1.
Sole Paragraph. The intervention will be considered unnecessary in the events set forth by Paragraph 1 of clause 27.4, as well as in the cases set forth in Article 114, item IV of Law no. 9.472, dated 1997.
Sole Paragraph. The unjustifiable refusal of interconnection is characterized by: I – the non presentation of the interconnection contract within the time periods determined by regulation; II – non provision of interconnection within the time periods determined by regulation, and III – non fulfillment of measures of cautionary character, involving the provision of the interconnection, determined by Anatel.
