Imperfecciones de la regulación de los servicios sanitarios de agua potable y alcantarillado

Abstract

Chilean sanitary services are regulated by a detailed legislation which defines when, how and where licensed companies must give services to the people who demand drinking water or sewerage services. This mandatory statute is balanced with specific privileges granted by the government to the licensed companies: a) Licensees are monopolies who serve exclusively a specific territory defined in the license; b) Use public space when extending network services; c) Ask for specific and legally limited amounts of money or infrastructure as a condition to give sanitary services; d) The law establishes a minimum rate of return that always has to be paid to the licensees. This way the regulation framework assures to private companies economic sustainability on the long run. The sanitary services legislation has some characteristics: – It is specific which means that licensees must obey this legislation before any other general legislation. – It creates a regulatory agency responsible for supervising, regulating and sanctioning licensees who fail to observe the sanitary services regulation framework. In spite of this detailed legislation, we still face some problems regulating sanitary services. Most problems comes from bad written norms, new facts that could not be foreseen by Congress and private companies who look at these legislative imperfections as an opportunity to obtain greater benefits. The Chilean Superintendence of Sanitary Services is aware of those problems and has a commitment to solve them with answers that must combine financial sustainability of private companies on the long term; fair rate of return and protecting consumers rights.