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The measure seeks to obtain the "urgent" protection of the rights and constitutional guarantees of the operator in the band that has recently been "frozen" by the authority.
On the warpath are the country's telecommunications operators, which the Telecommunications Secretariat (Subtel) is issuing a resolution to suspend or freeze current concessions in the 3.5 GHz band for testing and eventually develop 5G technology.
Among the companies that said concession is Claro Chile which today opened fires and filed a appeal for protection in the Court of Appeal ] against the owner of the Subtel, Pamela Gidi to prevent it from continuing to advance with the measure by considering it arbitrary and illegal, since in his opinion "it disturbs and seriously threatens the constitutional rights and guarantees of Claro. " A few minutes later, it was the lawyers of Entel Cristóbal Eyzaguirre and José Miguel Huerta who filed a similar judicial appeal on behalf of the local telecommunications company in order to put an end to Gidi's resolution. .
The action deduced is intended to secure the urgent protection of Claro's constitutional rights and guarantees against the serious offenses committed by the Subtel at the time of the publication of Resolution No. 1289 (with which it freezes the band of 3.5 Ghz), "Signed the presentation of the company controlled by businessman Carlos Slim.
Seven are the points that justify the appeal of Claro, represented in this lawsuit by the lawyers Julio Pellegrini, Francisco Blavi and Pedro Rencoret de Pellegrini & Cia.:
1. "The Exempt Resolution was dictated by a body that n & # 39; is not competent to modify or modify telecommunications concessions. "
2." The Exempt Resolution (ER) was issued without having followed the procedure established by law . " Indeed, the respondent ordered the indefinite suspension of servic es, omitting properly the imputation procedure that should have been applied if he felt that there had been an infringement in the use of the concession by Claro. "
3." The RE intends to modify the essential elements of the concessions granted to Claro through an inadequate and absolutely irrelevant legal instrument (resolution) … circumstances where the only valid instrument to establish the conditions of access, operation and exploration of a concession is a supreme decree, which must also have been the object of 39, a decision before the Comptroller General. "
4." RE is illegal and arbitrary because he imposed a penalty that is not established by law. "
5." RE is also illegal and arbitrary because lacks legal and factual motives and because it is absolutely insufficient in terms of motives. "
6." The ER seriously violated the principle of reason and proportionality enshrined in the Constitution, because the measures imposed by the under-secretary are unnecessary and completely excessive for the purposes of "study" that has taken place.
] 7 "The RE deprives, disrupts and / or threatens the important rights and guarantees that the Constitution provides."
See Claro's presentation here .
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