"It would be repugnant to the most elementary sense of justice", it says in a filing with the regulator, signed by the secretary general of the company, Alejandro Pinedo.
The document accessed by Convergencialatina states that the companies that participated in the tenders to give LTE paid for the frequencies and accepted constraints of coverage and timeliness. And that if the Enacom allows Grupo Clarín to use the spectrum it has due to the purchase of Nextel, Trixco, SkyOnline, Netizen, Infotel and Callbi for a different purpose for which they were granted to their original owners "the necessary compliance with law would be violated in the administrative act would be infringed". "An illegal action", it says.
The text signed by Pinedo highlights that both Cablevision and Nextel bought the specifications to provide 4G services and that then they withdrew from participating in the bidding. While the three operators that were awarded frequencies spent US$1.618 billion.
Indirectly, in its complaint, Telefónica seems to cover itself from future mergers or acquisitions and also involves Telecom. Because Clarin-Nextel frequencies taken together -the document states- would reach 86 MHz, to which the participation "of one of the shareholders of Cablevision" in Telecom would be added, far exceeding the 90 MHz the other two operators of the market for SCMA have together.
The document, made up of 18 pages, is dated July 6 and is addressed to the Chairman of the Board of Enacom, Miguel de Godoy. It refers to a previous presentation, of which he got no response. And asserts that the one who validated the operations described could even incur in "the criminal figures of abuse of authority and non compliance with the duty of a public official".