It alleged that the two companies provided services in this band other than those authorized.
A new tip emerged in the dispute that occurred in the telecommunications sector. This, because Movistar included a request before the Free Defense Defense Court to determine whether the resolution in which the authorities only frozen part of the 3.5 GHz band resulted in benefits for Entel and Claro in the face of 5G technology offerings.
To implement this technology, Subtel has decided to freeze the band's use, where both companies have national coverage. After opposition from national and Mexican companies, authority partially reversed the measure, in which companies develop fixed services through wireless networks.
Therefore, before TDLC, Movistar was asked to evaluate whether the fact that Entel and Claro could continue to develop parts of the 3.5 GHz band made them better when when 5G was tendered, it could offer services before the rest.
"The implementation of the Subtel resolution can result in anti-competitive damage, unless the necessary protection is adopted to prevent adjudicators from the 3.5 GHz band from obtaining artificial and insurmountable anti-competitive advantages, which will enable them to exclude their competitors in the cellular telecommunications industry and "compete outside the market concessional structure, which is designed by ex ante regulations to inject competition," said the 21-page document.
In a fact, Movistar accused Entel and Claro of providing services in this band other than those authorized, because initially when the tender was given in 1999, it was intended to develop fixed telephones, but wirelessly, which in theory would override mobile technology, which is the basis from the accusation.
"The purpose of this request for authorization is only to deploy infrastructure that is compatible with the 5G network, which can provide the competitive advantage of Entel and Claro compared to other cellular operators, unless appropriate reserves are adopted," Movistar said.
According to Spanish companies, these two companies already have infrastructure that will give them profits in the bidding process and, therefore, if they get a place in 5G, they will be able to market their services faster than their competitors.