The Supervisory Body for Private Investment in Telecommunications (Osiptel) ratified five fines for a total of S/ 2 million 116,920 (460.2 UIT) against the Telefónica company, for having “failed to comply with the objective value of the quality indicator Minimum Speed Compliance – CVM for download speed”.
Through Board of Directors Resolution No. 012-2022-CD/OSIPTEL, the regulatory body defined its position regarding the breach of the 4G mobile Internet access service in the population centers of Belén, Punchana, San Juan, Yurimaguas, in the Loreto region and the town center of Abancay, in the Apurímac region, in the second half of 2019.
This, after Telefónica’s failure to comply with Numeral 6.1.1 of Article 6 and Annex 11 of the Quality Regulation, typified in Item 12 of Annex 15 of the Infractions and Sanctions Regime of the General Quality Regulation of Public Telecommunications Services.
“Regarding the populated centers of Belén, Punchana and San Juan, although the operating company invoked the implementation of improvements, from the review of the attached documentation, it was verified that it has not sent any evidence that proves the implementation of such actions, Therefore, the mitigating factor of responsibility cannot be configured for the implementation of measures that ensure the non-repetition of the conduct in this extreme”
The resolution, which exhausts the administrative channel (no additional appeal is appropriate), was resolved with a total of four fines for 102.3 UIT and one of 51 UIT to the Spanish capital company. The document bears the signature of Rafael Eduardo Muente Schwarz, head of Osiptel.
“Regarding the implementation of improvements in the population centers of Abancay and Yurimaguas, the Inspection and Instruction Directorate (DFI) considered that they do not reliably prove the alleged improvements carried out by the operating company, since they do not contain information that supports and prove in a conducive way if the actions would have been –effectively– carried out in both populated centers; and, they do not send more technical support on the actions that could have been implemented”, he points out.
It should be noted that on January 19, 2021, by letter No. TDP-0083-AG-ADR-21, Telefónica sent its defenses requesting, in turn, an oral report, which was denied by letter No. 616-DFI/2021 .
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