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Bands war marked a new chapter during the day yesterday. This time, the companies Claro and Entel have decided to file an action for protection against the secretariat of telecommunications (Subtel) at the Court of Appeal of Santiago, which they claim to have taken "of unlawful and arbitrary manner "the decision to suspend the use of the 3.5 GHz band.
The above occurred on June 19, when Telecommunications Assistant Secretary Pamela Gidi charged that the band or radio spectrum intended for the development of 5G was not used properly by the Claro companies , Entel, Telsur, Movistar and VTR, freezing the use of this space. The main reason? The tape was filed in 2001 and, to date, none of the companies had tested on it.
In response, Entel appealed to the law firm Claro & Cia. The Matte family "has fully complied with its service obligations under the concessions", noting that the measure taken by the public body could affect the users by forcing them to "change the band": "Subtel has applied a measure not According to him, the company of Mexican tycoon Carlos Slim said that in his opinion, Subtel "does not have the legal power to leave users and customers without service. who benefits from this group. In addition, this resolution violates many regulations of the General Telecommunications Act, regarding access, concessions and the protection of users' rights. "
What are companies looking for?
As Claro explains, the company is asking the court to rescind the Subtel resolution and orders that the body be unable to to issue any acts or resolutions on this matter for the future.
"The Court may decide to rescind the measure adopted by the Subtel, and as a result, the companies could continue to operate the band of 3.5 GHz ", says the lawyer and academic of Catholic University Felipe Bravo." It must be proved that the causes that Subtel has declared to freeze the use of this band exist indeed, and if this suspension was made in accordance with the legal framework. "
Previously, the Court had previously ruled in favor of the National Corporation of Consumers and Users (Conadecus), which sued Claro, Entel and Movistar in 2014 for "monopolizing" the 700 MHz band – used for for the 4G -, forcing them to return part of the spectrum
. Subtel did not want to issue statements. Consulted by Publimetro, companies Entel, Movistar and VTR did not want to speak either
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