In the appeal filed by Loterj, the agency points out that the STF decision has already been communicated to the companies licensed in Rio de Janeiro, but that there are difficulties in complying with the decision issued by Justice André Mendonça.
Loterj claims to have received statements from the companies informing them of the technical impossibility of implementing the measures, especially within the short period of five days, which ended last Friday (10).
Among the difficulties is, firstly, the deadline given for the suspension of the offer of bets outside the limits of Rio de Janeiro and that the adaptation of geolocation mechanisms would require time for the development and integration of complex technological solutions.
According to Loterj, the companies reported that they do not have compatible technological infrastructure and that even the users' equipment (smartphones or other connected devices) do not have the necessary technical requirements for the accurate transmission of location data. In addition, the sharing of location and voluntary acceptance of each user, points out Loterj.
Implementation cost
According to Loterj, in its petition, the implementation of the systems would require significant investments that exceed the financial capacity of some companies in the short term, compromising the continuity of the public service provided. Risk of economic unfeasibility, given that the territorial limitation compromises business models and financial projections.
“The possibility of offsetting costs or rebalancing the economic and financial aspects of contracts, due to the financial impact caused by these adjustments, and even the compensation or economic and financial readjustment of the Concession Terms signed due to this circumstance,” points out Loterj.
The agency also sees the possibility of eventual termination of Accreditation Terms in the event of “impossibility or unsustainability of maintaining services, whether due to technical or financial unfeasibility,” among others.
Loterj also points out that the National Telecommunications Agency (Anatel) itself acknowledged the difficulty of imposing georeferencing restrictions and that this was confirmed by the Anatel representative in her testimony to the Senate’s CPI of Bets.
In the records, Loterj requests that the STF indicate a minimum technical specification for the adoption of the measure and that the basic parameters or requirements to be met be established, allowing flexibility for operators to search the market for the most appropriate technology to meet the STF’s determination.
To this end, it also requests an extension of the deadline to 180 days to comply with the decision.
Source: GMB
