He blames that both companies provide services in this group, except for those that were allowed.
A new frontier has emerged in disputes that are taking place in the telecommunications sector. This is due to the fact that Movistar introduced a request before the Free Competition Court to determine if the resolution allows, when the government only partially froze the 3.5 GHz band, benefits Entel and Claro in the face of the 5G proposal.
To implement this technology, Subtel decided to freeze the use of this group, where the two companies have national coverage. After the confrontation of national and Mexican firms, the body partially lifted the measure when companies develop fixed services via wireless networks.
Therefore, in front of TDLC, Movistar asked to assess whether the fact that Entel and Claro can continue to develop part of the 3.5 GHz band, leaves them better for when 5G will be exposed, being able to offer the service to the others,
"Compliance with Subtel resolutions can lead to anticompetitive damage if necessary precautions are not taken so that the 3.5 GHz bailiffs do not acquire artificial and insurmountable anticompetitive advantages, which would allow them to exclude their competitors in the mobile communications industry and compete outside the concession structure of the market, developed by ex ante regulation for the introduction of competition, "- said in a 21-page document.
In a fact report, Movistar claims that Entel and Claro provide services in this group, other than those authorized, because initially, when the tender was awarded in 1999, it was intended to develop fixed telephony, but wirelessly, which theoretically eliminated mobile technologies, which are the basis of the charges.
“The purpose of these authorization requests is to simply deploy an infrastructure compatible with the 5G network, which can give Entel and Claro a competitive advantage over other mobile operators if the corresponding backup is not accepted,” says Movistar.
According to the Spanish company, these two companies will have an already deployed infrastructure, which will give them an advantage in the bidding process, and therefore, if they are given 5G space, they will be able to sell their services much earlier than their competitors.