The company Claro Peru has ruled against the regulation of the Supervisory Agency for Private Investment in Telecommunications (Osiptel) that prohibits the use of its commercial mobile application and ignores it as a digital tool for a formal sales channel with fixed establishments.
According to the company’s version, The measure is unaware that the aforementioned mobile application is used by thousands of businessmen with registered establishments. In addition, it considers that this decision is “disproportionate” and threatens the search to expand connectivity in the country.
As recalled, the company Telefónica Perú filed a complaint against Claro, Entel and Bitel on May 24 for alleged unfair competition and contracting of mobile telecommunications services. Following this, the Associate Technical Secretariat of the Osiptel Collegiate Bodies detected that the denounced companies had violated the general clause of the LRCD for developing commercial strategies contrary to business good faith; In addition, it added that they would be distorting the conditions of competition in the mobile public services market, in order to obtain an illicit benefit.
However, Claro points out that it is unjustified for the regulator to resort to this measure to offset the loss of market share that Telefónica has experienced in recent months and that it would be giving Telefónica more than what it asked for, by prohibiting the use of mobile applications for the sale of cell phone services. “In no way, the regulator can protect the market of a single operator to the detriment of the others and even less against the interests of users,” says its statement.
For her part, Rosa María Gálvez, Legal Director of Claro, argued that regulatory measures should “be proportional to the purpose and be established in an equitable manner with solid technical and legal criteria. The indiscriminate ban on mobile applications has no technical support and negatively affects the ability of operators to offer services in remote areas, increasing the digital divide in our country,” she concludes.
Finally, Claro negatively highlights that the possibilities of accessing applications that provide services and economic opportunities are restricted.
Source: Larepublica
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