It is alleged that both companies provide services in that band other than those authorized.
The new edge has emerged in disputes that take place in the telecommunications sector. This is because Movistar filed a motion with the Free Competition Tribunal to determine if the resolution in which the authority only partially freezes the 3.5 GHz band generates benefits to Entela and Claro before bidding for 5G technology.
To implement this technology, Subtel decided to freeze the use of that band, where these two companies have national coverage. After the opposition of national and Mexican companies, authority has partly overhauled that where companies are developing fixed services over wireless networks.
So before TDLC, Movistar asked for an assessment of whether the fact that Entel and Claro could continue to develop a portion of the 3.5 GHz bandwidth would leave them better positioned when the 5G was offered since it could offer the service before the others,
"Execution of Subtel's resolutions could cause damage to competition unless the necessary safeguards are taken to prevent the participants of the 3.5 GHz frequency spectrum from gaining artificial and ineffective anti-competitive advantages that would enable them to exclude their competitors in the mobile telecommunications industry and are competing outside of the concessional market structure, designed by ex-ante regulation for the injection of competition, "says the 21-page document.
In the account of the facts, Movistar argues that Entel and Claro provided services in that band other than those who were authorized, since at the beginning when the 1999 competition was intended to develop fixed telephony but wirelessly, which would in theory endanger the mobile technologies, which are the basis of the prosecution.
"The purpose of these authorization requests is to easily implement a 5G network-compatible infrastructure that would enable Entel and Claro to have competitive advantages over other mobile operators unless proper backup is established," says Movistar.
According to the Spanish company, these two companies already have the infrastructure that will benefit them in the bidding process and therefore, if they are allocated space in the 5G, they will be able to sell their services long before their competitors.