Osiptel confirms fines against Entel for almost 2 million soles

The Supervisory Agency for Private Investment in Telecommunications (Osiptel), confirmed fines to Entel Perú SA for a total amount of S / 1 million 883,200. There were two resolutions published in El Peruano in which they declared unfounded the appeals to the operating company for different infractions that are considered serious.

Through resolution No. 210-2021-CD / OSIPTEL announced that a first fine to the company Entel SA for 164 UIT (equivalent to S / 721,600) for not having obtained the confirmation of the express consent of the subscribers to carry their telephone numbers, being 432 the cases that denounce this breach.

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On the other hand, the resolution No. 205-2021-CD / OSIPTEL validated a second sanction of 264 UIT that is equivalent to S / 1 million 161,600 for not making the pending refunds regarding 773,892 lines and not delivering the requested information to Osiptel.

Breaches of corrective measures

Resolution No. 205-2021-CD / OSIPTEL notes that Entel failed to comply with the Corrective Measure referred to returns corresponding to 773,892 lines on interruptions that occurred in the second half of 2016 and for not providing information requested by Osiptel. In this way, the two fines of 51 and 113 UIT that are equivalent to a total amount of S / 1 million 161,600.

Although the Entel company appealed this measure in the first instance, Osiptel alleged that, although Entel sent documentation proving that it had made part of the returns that were pending, this does not detract from the configuration of the infringement or the responsibility of the operating company, in so much so that, to date, it has cases pending return.

Identity validation violations

According to resolution No. 210-2021-CD / OSIPTEL, the infraction responds to the fact that, according to Osiptel, the receiving concessionaire who enters a portability request to the Portability Request Registry without having validated the requesting subscriber identity In accordance with the provisions of the conditions of use for the contracting processes and / or obtained the confirmation of the subscriber’s express consent to carry his / her telephone number (s), when applicable and / or previously entered into the respective subscriber contract ; will incur a serious offense (Articles 8 and 21).

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Entel had requested the annulment of the decision in a first challenged instance because it argued that the principle of reasonableness had been violated because it did not intend to breach the regulations or evade its responsibilities. In addition, a short term was granted and part of the information was sent allowing the administration to fulfill its supervisory work.

However, Osiptel declared that to the extent that the information classified as mandatory was not submitted and within the requested period, it impairs its supervisory power since it would not have information that would allow it to verify the real magnitude of the detected breaches.

Consequently, as Entel did not submit all the required information, Osiptel was unable to verify compliance with the provisions of article 8 of the TUO of the Portability Regulations regarding 3,786 cases.

Therefore, to calculate the sanction imposed on Entel, the illicit profit and the probability of detection of the infractions were considered. Therefore, the request for annulment made by the operating company was rejected and it was decided to declare the appeal filed by Entel unfounded and confirm a total fine of 164 UIT for a total amount of S / 721,600.