Yesterday, the Constitutional Court adopted the Invalidity Procedure for Entel and Movistar to return to the Supreme Court decision, which forces them to abandon spectrum equivalent to the 700 MHz band. that the Secretary of Telecoms signed the 60 MHz threshold for the company in the Free Competition Protection Tribunal.
But the conflict originated much earlier. In 2014, Conadecus introduced a query and then claimed the potential stockpiling of three major telephone companies (Entel, Movistar and Claro). TDLC rejected the operation of the corporation, but the Supreme Court annulled the court decision and finally the court had to prepare a sentence.
In particular, the Constitutional Court's decision, which was suspended on the one hand, is an appeal to the Supreme Court, as well as to the Conadecus Court in the Free Competition Court, in which Claro, Entel and Telefónica requested the return of spectrum.
Entel, represented by Cristóbal Eyzaguirre, requested that the appeal be brought before the Supreme Court, and Javier Velozo-, Movistar-defendido not only demanded the same but also the paralysis of the last court that runs the consumer corporation. . Both petitions were fully accepted by the Constitutional Court.
Subtel explained that "the order not to introduce the Constitutional Court only temporarily suspends the execution of the Supreme Court ruling, which ordered Entel, Claro and Movistar to discard or renew the radio spectrum. The above does not stop the discussion on the Subtel National Spectrum Plan being prepared for the Free Competition Defense Tribunal. .
A few days ago, Claro joined both claims, asking for the same rules, and finally, for the procedural economy, both processes will be accumulated in the coming days. The business perspectives are getting even more favorable, given that if the process is considered acceptable, the paralysis of the spectrum separation process will last at least eight months, they commented on the companies.
Conadecus, advocated by Mario Bravo and Cristian Reyes, did not decide at the end of this issue whether it would be part of the Constitutional Court process.
As it turned out, the corporation will send out a cruel resistance to becoming part of the process and claiming to be unacceptable for Entel and Movistar. The sources discussed confirmed that there would now be a discussion between the TC and the Supreme Court.
Entel and Movistar applied to TC for annulment of Decree-Law No 44/2001. The application of Article 271, which has been explained, would be contrary to Article 19 of the Constitution, as it would impede the legitimate right of defense without being able to appeal. sentence.
"Wolverine's equality before the court, because it prohibits those who are parties to TDLC's random execution, to request a review of the final decision that would put an end to this case by the court itself or its hierarchical chief", said Movistar.
With regard to Entel, the immediate and clean compliance of Chile's telecommunications system and its consumers with its waste management obligations would be important and more important than Entel's or other mobile companies' private interest ".
According to Almendral-controlled companies (linked to the families of Hurtado Vicuña and Matte), "spectrum is the contribution that millions of data exchanged by Chilean consumers every second".
"Today, Entel is awarded – and effectively uses mobile concessions of 150 MHz. Claro is 115 MHz, Telefónica is 115 MHz, WOM is 60 MHz and VTR is 30 MHz (VTR does not use its spectrum)," he said. Entel in his request to the Constitutional Court.
"Therefore, if Entel, Claro and Telefonica were to be placed immediately and cleanly and simply, the spectrum obtained during the competition 700, over 60 MHz, would have to operate with a smaller part of their current capacity. Simply put, it would be like pretending that Santiago Metro will continue overnight without several of its most frequently used lines. The result would be very serious, ”warned the company.
* This note was updated at. 17.40.