The Plenary of the Federal Telecommunications Institute (IFT) fined Phones del Noroeste S.A. de C.V. (Telnor) 1, 311.8 million pesos because it did not report real information to its infrastructure.
In a statement, the federal government explained that the sanction is because until September 30, 2017, Telnor did not make available to the IFT and concessionaires 60% of the information to be reported in the Electronic Management System, on the infrastructure of poles and wells, «an obligation provided for in the Biennale Resolution adopted in 2017», and which is part of its obligations «as part of the Preponderant Economic Agent (AEP) in Telecommunications».
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According to the institute, the Electronic Management System serves to know the information related to the infrastructure of companies, such as the technical characteristics of the mechanical load on poles and the excess capacity in wells.
«Knowing the information related to the passive infrastructure of the EEA allows to reduce information asymmetries between interested dealers and applicants; as well as promoting the development of competition in the telecommunications sector by giving access to more competitors to key infrastructure, which translates into benefits for end-users, who can have greater supply, better services and lower prices,» he explained.
The IFT also stated that the amount of the fine corresponds to the provisions of the Federal Telecommunications and Broadcasting Act (LFTR), which states that the company sanctioned for this conduct must pay a fine of 6.01% of its revenue.
It is illegal and arbitrary, the company responds
América Móvil considered the fine imposed on Telnor to be arbitrary, illegal and disproportionate, because it ensures that it affects certainty and legal certainty in a sector that requires significant investments for its development and evolution.
The company owned by Carlos Slim stated that América Móvil and Telnor do not share the way in which the procedure was unburdened, where significant faults of due process are noted, nor the resolution approved by the Commissioners of Ifetel, and will enforce all legal means at their disposal against it.
«This arbitrary, illegal and disproportionate fine affects certainty and legal certainty in a sector that requires significant investments for its development,» the company said in a statement.
With information from Notimex
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