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We have at times experienced quality of service problems,
including busy circuits and failure to complete international
and domestic long-distance calls. In 2000, maximum busy circuit
rates during peak periods (as a percentage of calls attempted)
were 3.84% and 8.97%, as compared to 1.34% and 4.9% for the
year of 1999, for international and domestic long-distance
calls, respectively. Direct dial call completion rates during
peak periods (as a percentage of calls attempted) were 62.64%
and 56.0%, compared to 57.34% and 58.8% in the year of 1999,
for international and domestic long-distance calls, respectively.
Customers were also unable to access an international operator
in 2000 in a number of cases. International operator availability
(as a percentage of calls attempted) amounted to 92.9% in
2000, compared to 90.3% in 1999. See "- Regulation of
the Brazilian Telecommunications Industry - Obligations of
Telecommunications Companies - Universal Service, Network
Expansion and Modernization".
When the carrier selection code, known as the PIC code, was
introduced in July 1999, the telephony system throughout Brazil
experienced an unusually high rate of busy circuits and certain
domestic and international long-distance calls could not be
completed. As a result, Anatel established a non-public administrative
process to review these problems. The process resulted in
fines of approximately R$55 million, as provided for in the
Concession. On April 24, 2001, the lower court issued a decision
in favor of Anatel. However, the judge determined to reduce
the penalty from R$55 million to R$50 million due to partial
violation of the administrative procedure. We intend to appeal
against this decision. See "Item 8. Financial Information
- Legal Proceedings".
In April 2000, the state of São Paulo also imposed
a fine of R$30 million on us and on a local fixed-line operator,
and mandated that we refund our customers the value of all
phone calls made between July 3 and July 12, 1999. We are
challenging these administrative procedures and fines in order
to nullify them. See "Legal Proceedings".
Because our network connects with those of regional fixed-line
operators, regional cellular operators and foreign operators,
the quality of service provided by us may also be significantly
affected by the quality of the networks on which calls originate
or terminate. For a discussion of future quality of service
requirements, see "-Regulation of the Brazilian Telecommunications
Industry - Obligations of Telecommunications Companies".
As part of our Concessions and pursuant to the General Plan
on Universal Service and the General Plan on Quality, we were
required to provide and maintain full-service public telephones
available 24 hours a day with domestic and international direct-dial
capability in certain remote areas of Brazil by December 31,
1999 and 2000. In addition, we were required to respond to
repair requests for such public telephones within 8 hours
by December 31, 2000. We are currently seeking clarification
from Anatel with regard to the number of public telephones
we will have to provide and maintain in order to comply with
such requirements.
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