It accuses both companies of providing services within this range, with the exception of those that are authorized.
New disputes arise in disputes in the telecommunications sector. The fact that Movistar introduced the issue of free competition to the court responsible for determining whether the resolution, in which the institution only partially froze the 3.5 GHz band, the benefits of Entel and Claro are faced with the supply of 5G technology.
In order to implement this technology, Subtel decided to freeze the use of this band if these two companies have national coverage. Following the State and Mexican companies' objections, the Authority partly abolished the measure whereby companies would record the development of their services through wireless networks.
Therefore, before TDLC, Movistar asked to assess whether the fact that Entel and Claro could continue to develop part of the 3.5 GHz band would allow them to better position when offering a 5G offer and can offer the service before the other.
"Enforcement of the Subtel decision may lead to anti-competitive harm unless the necessary security measures are taken to ensure that the 3.5 GHz arbitrators are not exposed to artificial and compelling anti-competitive advantages that would allow them to exclude their competitors from the mobile telecommunications sector and compete outside the market for concessions , set up by ex ante regulation to introduce competition, "says a 21-page document.
With regard to the facts, Movtelar points out that Entel and Claro provide services within that range, with the exception of those allowed since, initially when the competition was awarded in 1999, it was intended to develop fixed telephony but wireless, which theoretically would exclude mobile technology, which is the basis of the charge.
"The purpose of these permit requests is simply to use a 5G network-compliant infrastructure that Entel and Claro could provide a competitive advantage over other mobile operators, unless an appropriate back up is made," says Movistar.
According to the Spanish company, these two companies will already have an infrastructure that will give them an advantage in the bidding process, and if they are assigned a 5G location, they will be able to sell their services much faster than their competitors.