[ad_1]
In addition to evaluating the illegal 3.5Ghz group freeze, Entel said the forced migration would hurt other bands. Claro presented a legal report
The telecom companies' offensive to reverse the freezing of the band of 3.5 GHz decreed by the Undersecretariat of Telecommunications (Subtel) to make way for the 5G, was brought before the courts
. the negotiations conducted by the authority with the operating companies, Entel and Claro attacked with appeals of protection filed in the Court of Appeal to annul the administrative resolution that froze the band's licenses between 3400 – 3800 MHz ; has indefinitely suspended all services in service on that frequency; and finally, forced to migrate their current customers to another band.
In the appeal for protection requesting the injunction not to innovate, the affiliate of América Móvil, Claro, represented by the lawyer Julio Pellegrini, badociate of Pellegrini and Cia, requested that the decree be revoked and that Subtel abstain from other measures that deprive it of the operation of said band.
"This is a manifestly illegal and arbitrary act that deprives, disrupts and seriously threatens Claro's constitutional rights and guarantees," the document cites.
The appeal of Claro was accompanied by a legal report by the former member of the Constitutional Court Enrique Navarro. "The conclusion drawn in this report is that the Exempt Resolution issued by Subtel did not only take place in cases of illegality and / or arbitrariness, but that it also openly violated the fundamental rights of Claro Comunicaciones SA, which transforms it into an act or a resolution absolutely contrary to the law ", declares the report.
For its part, Entel, whose call was also admitted by the court, points out that "this case is a sad example of what happens when an organ of public administration simply decides to depart from the law and principles who guide his actions to impose, by force of facts, his ideology or his particular vision? ", Advocated the lawyer Cristóbal Eyzaguirre Claro & Cia., Who took the representation of the company related to the Hurtado Vicuña
Collapse of the bands
Entel details in his writing which has 30 037 customers in the 3.5 GHz band, where it offers its home Internet service (BAFI) for which it has invested $ 100 million to develop it. This represents 8.94% of the company's total volume of high-speed data traffic.
Entel stated that the measure not only stripped him of 14 bands of public telephone services awarded in 2001, but also forced him to maintain these services in other bands, He describes it as "impossible". It adds that the other bands mentioned by Subtel are not able to support the additional traffic that they intend to migrate and would imply to provide services according to the same quality standards.
This, warns the company, will mean an average deterioration of 36% of the service provided in this band and in the event of migration to other frequencies, the increase in traffic will generate a collapse in the other networks, with 18% of detriment of the average service.
"The most important traffic can not be absorbed without a serious deterioration of the benefits of all", says
Subtel before the resources of protection:
"We are the only to be able to increase the spectrum "
A declared war, apparently, is the one that takes place after the resources that Entel and Claro interposed for the freezing of the band 3.5 GHz. Telecommunications undersecretary Pamela Gidi slipped to the Public Works, Transport and Telecommunications Committee yesterday, which has the handle.
The authority replied that she was silent before the consultation by the court proceedings known yesterday This amid the explanations of the 60 MHz limit that the Supreme Court set and the possibility that the Soustel appeal to the Court of Defense of Free Competition.
"On the one hand they are pursuing us and on the other hand we are friends.They are going to need us because the only one who has the opportunity to increase this ceiling is Subtel, we are calm, "he answered the question about the resources
Faced with the freezing of the band 3.5Ghz, the authority reiterated the ineffective use In this regard, he made it clear that Edel and Claro, with respectively 100 Mhz and 50 Mhz, are the only two companies with national coverage, so it was not very competitive for the implementation of 5G. "We see that it was the best way to do it, we were prepared for there to be judicialization with the companies, since their active mother is the ghost," he said
] This position was supported by Minister Gloria Hutt. "Our plan is to go to the TDLC to extend the ceiling of 60 Mhz, but we are also worried about ensuring competition in the spectrum." The companies realized that this was happening and we believe it was what we needed to do, it was freezing and the way we did it in addition, "said the portfolio holder.
Gidi dismissed that with the judiciarization there are delays in the 5G. "We will see what happens in this band, and we have 150 Mhz to bid because we will be able to benefit from the 5G we will see if these companies will want to participate in this process, "he said.
Source link
