He blames that both companies provide services in this group other than those that have been authorized.
In the disputes that have taken place in the telecoms sector, a new edge has emerged. This, as Movistar inquired before the Free Competition Tribunal to determine whether the resolution in which the body only partially frozen the 3.5 GHz band generated benefits for Entel and Claro in the bidding of 5G technology.
To implement this technology, Subtel decided to freeze the use of this group, where these two companies have national coverage. Following the opposition of national and Mexican companies, the body partially reversed the measure where companies are developing fixed services over wireless networks.
Therefore, before TDLC, Movistar asks whether the fact that Entel and Claro can continue to develop part of the 3.5 GHz band leaves them better positioned when 5G is offered and can offer the service before the others ,
"The implementation of Subtel's resolutions could lead to anti-competitive damage unless the necessary safeguards are in place to prevent 3.5 GHz strikers from acquiring artificial and compelling anti-competitive advantages which would allow them to exclude their competitors in the mobile telecommunications industry and compete outside the concession market structure developed by an ex ante competition injection regulation, "the 21-page document said.
For the sake of fact, Movistar accuses Entel and Claro of providing services in this group other than those that have been authorized since, initially, when the tender was awarded in 1999, it is intended to develop fixed telephony but wirelessly, which in theory would exclude the mobile technologies that are the basis of the charge.
"The purpose of these authorization requests is simply to build a 5G compliant infrastructure that can give Entel and Claro competitive advantages over other mobile operators unless the appropriate backup is adopted," Movistar says.
According to the Spanish company, these two companies will now have an infrastructure that will give them an edge in the bidding process, and if they are given a 5G place they will be able to offer their services much earlier than their competitors.