Chilean operators Entel and Claro have filed a motion with the Court of Appeals against last month’s decision of the Department of Telecommunications (Subsecretaria de Telecomunicaciones, Subtel) to suspend usage of the 3.5GHz frequency band, TeleSemana reports.
As previously reported by CommsUpdate, in June Subtel ordered Claro, Entel, Grupo GTD, Movistar and VTR to halt commercial use of the 3.5GHz band after ruling that the spectrum was not being used efficiently. Subtel found that Movistar, VTR, and Grupo GTD – holding concessions covering two regions apiece – were not using the band, whilst Entel and Claro were underutilising their nationwide licences. Subtel instructed Entel and Claro to provide operational continuity by migrating customers currently using the 3.5GHz band to other technologies and bands.
Entel and Claro have called the decision ‘illegal and arbitrary’, arguing that the law does not support Subtel’s actions in suspending concessions and forcing a migration of users. Entel also disagreed with Subtel’s assertion that its 3.5GHz spectrum (which is earmarked for future 5G use) is underutilised, countering that ‘service obligations under the concessions have been fully complied with’.