He claims that the two companies are providing services in this band other than those authorized.
A new edge arose in the disputes that are being made in the telecommunications sector. This is because Movistar filed a query before the Defense Court of Free Competition to determine if the resolution where the authority only partially frozen the 3.5 GHz band generates advantages to Entel and Clar in view of the tender of the 5G technology.
To implement this technology, the Subtel had decided to freeze the use of this band, where these two companies have national coverage. After the opposition of the national and Mexican signature, the authority partially reversed the measure, where companies are developing fixed services through wireless networks.
Therefore, in front of the TDLC, Movistar asked that it be evaluated if the fact that Entel and Clear can continue developing part of the 3.5 GHz band leaves them well positioned when bidging the 5G, being able to offer the service before that the rest.
"Execution of Subtel resolutions could lead to anti-competitive damage, unless they take the necessary safeguards to prevent 3.5 GHz bidders from gaining artificial and insurmountable anti-competitive advantages that will allow them Exclude competitors in the mobile telecommunications industry and compete on the margins of the concessional market structure, designed by the ex ante regulation to inject competition, "says the 21-page document.
In a story of the facts, Movistar accuses that Entel and Clar are giving services in this band other than those that were authorized, since initially when the tender was awarded in 1999, it was designed to develop landline telephony, but wirelessly , which in theory would discard mobile technologies, which are the basis of the accusation.
"The purpose of these authorization requests is to deploy 5G network compatible infrastructure, which could give competitive advantages to Entel and Clear with respect to other mobile operators, unless they are" adopt the appropriate safeguards, "says Movistar.
According to the Spanish opinion, these two companies will already have deployed infrastructure that will give them an advantage in the bidding and, therefore, to allocate a space in 5G, they will be able to market their services long before that your competitors.