Osiptel confirms fine of S/690,000 against Entel Peru

He Supervisory Agency for Private Investment in Telecommunications (Osiptel) declared inadmissible, because it was untimely, the appeal filed by Entel Perú against a fine of S/690,000 (150 UIT) imposed in 2022.

Resolution No. 401-2022-GG/OSIPTEL, which declares the corrective measure, states that the company did not allow certain procedures to be carried out in the computer applications (web and/or mobile) and that it did not include at least these platforms —in the request attention section— the “detailed billing and record of incoming calls” option.

“From the review of the PAS file, it is noted that Resolution No. 401-2022-GG/OSIPTEL, dated December 2, 2022, was notified by email on the same day. Therefore, the period of fifteen ( 15) business days provided for in the LPAG TUO ended on December 28, 2022; however, Entel filed its appeal on January 15, 2023, exceeding said term,” said Osiptel.

As detailed in the document, the Chilean capital firm would have failed to implement a computer application available on its website and one in its mobile version that allows access —at least— to the following information:

• Graphical representation of the history of data consumption of mobile telephony services for the last six (6) months, regardless of the type of service.
• The historical detail of the requests for: (a) temporary suspension of the service, (b) transfer of the service, (c) suspension of the service and blocking of the mobile terminal equipment due to theft or loss of the latter, (d) replacement of the SIM Card and (e) questioning of ownership of prepaid mobile public services.
• The status and monitoring of the claims, complaints and appeals made by the subscriber.

In the same way, Entel would not have allowed, in the computer applications (web and/or mobile), the following procedures:

• The request for hiring new registrations (web and mobile).
• Contracting and termination of additional services (mobile).
• The migration of plans to any marketing plan according to the SIRT (web and mobile).
• Terminate the service under any modality (web and mobile).
• Not having included at least in the computer applications (web and mobile) -in the request attention section-, the option of detailed billing and registration of incoming calls.

It should be noted that this Osiptel resolution exhausts the administrative channels, so no additional appeal will proceed in this jurisdiction. The company still has the contentious route, in which the constitutional CourtRecently, it decided to waive late payment interest to the detriment of Sunat.