The Competition Tribunal declared that, according to free competition norms and the General Telecommunications Act (Law N° 18.168), the current concessionaires of mobile telephony public services cannot be excluded from participating in the contest that motivated the inquiry. Therefore, they can participate as long as they comply with applicable norms and the other general application requirements that the contest rules establish.
Also, the Tribunal ordered Subtel to adopt the following measures, or comply with the following conditions:
First: Subtel must implement phone number portability as soon as possible, and before the deadline for startup of the contest winners’ technical projects, establishing that the appropriate price for this service should be charged to users;
Second: Subtel will have to subdivide the frequency bans 1710-1755 MHz and 2110-2155 MHz in the largest number of blocks that allow offering advance mobile communication or 3G services with national coverage, efficiently and at a reasonable cost. The bases of the contest must establish that each applicant can only be awarded one block. For this purpose, a person and its related firms will be considered a single applicant.
Third: The inquirer must define the deadlines for execution and startup of the project that will serve as a commitment for the applicants in the bases of the contest. For this purpose, Subtel must not restrict or be detrimental to participation of interested parties who do not possess of mobile communications networks or infrastructure.