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The TC suspends compliance with historical failure that forces them to return 700 MHz band spectrum




Yesterday the Constitutional Court accepted the inadmissibility procedure Entel and Movistar went in order to regain the Supreme Court ruling that forces them to get rid of the spectrum in the equivalent of the one who was judged in the 700 MHz band tender before the consultation was concluded that the Undersecretary telecommunications has entered to change the limit of 60 MHz per company to the Tribunal for Free Competition Defenses (TDLC).

But the origin of the conflict came much earlier. In 2014, Konadekus presented a request and, consequently, a demand for allegedly storing the spectrum of the three largest phone companies (Entel, Movistar and Claro). The TDLL rejected the corporation's action, but the Supreme Court overturned the court's decision and, finally, the court had to write a sentence.

In particular, the decision of the Constitutional Court suspended, on the one hand, is the appeal in the Supreme Court, and also the trial of Konadekus at the Court for the defense of free competition, in which Claro, Encel and Telefonica sought a return to the spectrum.

Entel – represented by Cristobal Eizaguir – asked for the stay in the appeal process at the Supreme Court, and Javier Velozo, Movistar-Defendido, not only searches for the same, but also paralyzes the last trial run by the consumer corporation. Both complaints were fully accepted by the Constitutional Court.

He explained from Nutel that "the order not to be introduced to the Constitutional Court only temporarily suspended the execution of the Supreme Court ruling by companies Entel, Claro and Movistar condemned them to remove or renew the radio spectrum." The above does not terminate the consultation of the National a plan for the spectrum of subverts that is in the process in the Tribunal for the Defense of Free Competition "

A few days ago, Claro joined two demands, demanding that they be part of the same conditions, and finally for the procedural economy, both processes will accumulate in the coming days. The prospect of companies becomes even more favorable if it is considered that if the process is declared admissible, the paralysis of the spectrum separation process will continue for at least eight months, they commented in the companies.

For his part, Konadekus, defended lawyers Mario Bravo and Cristian Reyes, at the end of this edition has not yet decided whether to become part of the process in the Constitutional Court.

As it happened, the corporation will send a strong opposition to the process becoming part of it and asks it to declare the ineligible resources of Entel and Movistar. Consultative sources confirmed that what will come now will be a discussion between TC and the Supreme Court itself.

Entel and Movistar asked TC to annul the application of Article 27 of the Decree Law no. 211 which they explained would be contrary to Article 19 of the Constitution, because it would hinder the legitimate right to their defense by not being able to complain against a sentence.

"Vulnerer's equality before the procedural law, because it prevents those who are parties to the accidental execution of the verdict in TDRK to seek a review of the final decision that will be terminated by the special court itself or its hierarchical superior," Muvistar said.

Enelt's warning

For Entel, the immediate and clean and simple compliance with the obligation to remove would be serious for Chile's telecommunications system and its consumers – what's at stake goes beyond the private interest of Entel or other mobile companies. "

According to a company controlled by Almendral Group (related to the Hurtado Vicuña and Matte families), "spectrum is the entrance to which millions of data that Chilean consumers exchange every second."

"Today, Entel is allocated and effectively used – mobile concessions for 150 MHz. In turn, Claro has 115 MHz, Telefónica has 115 MHz, WOM has 60 MHz and VTR has 30 MHz (VTR does not use its range)," he said . He entered his request before the Constitutional Court.

"Thus, if imposed on Entel, Claro and Telefonica, immediately and purely and simply, the spectrum over 60 MHz, acquired in competition 700, Chilean consumers will have to work with a smaller part of their current capacity. Simply, it would be pretend that The Santiago subway will pass overnight without a few of the most used lines, the result will be very serious, "the company warned.

* This note was updated at 5:40 am.


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