Entel files new lawsuit against the ban on the sale of mobile chips in public places

By Osiptel

This is a machine translation of the original press release issued in Spanish

Despite the fact that the sale of mobile chips in public places represents significant risks for the safety of all Peruvians and violates the rights of users of telecommunications services, the company Entel Perú S.A. has filed a lawsuit seeking to declare the nullity total of Resolution No. 661-2021/SEL-INDECOPI, which declared unfounded its complaint for a bureaucratic barrier filed against the Supervisory Body for Private Investment in Telecommunications (OSIPTEL) for the prohibition of digitally contracting public mobile telecommunications services in public places. In this regard, OSIPTEL informs the following:

1. As OSIPTEL has maintained at all times, the sale of mobile chips in public places contravenes the norm that establishes the authorized means for contracting the mobile public service.
2. In safeguarding the rights of users of public telecommunications services, OSIPTEL has defended this position in different instances, such as INDECOPI, against complaints filed by operating companies.
3. As has been reported through various media, the sale of mobile chips in public places entails significant risks for users, such as the violation of their right to receive optimal information from the contracted service, illicit use of personal data, identity theft through the misuse of the fingerprint, fraudulent hiring, among other crimes.
4. For this reason, OSIPTEL described as a positive measure the decision of the Chamber for the Elimination of Bureaucratic Barriers of INDECOPI, by declaring unfounded the complaints for alleged bureaucratic barrier filed by operating companies against OSIPTEL for the prohibition of contracting mobile public services. of telecommunications in public places.
5. The decision adopted by Indecopi ratified that the actions of OSIPTEL against the sale of mobile chips in public places have been validly carried out as the supervisory entity of the concessionaire companies of public telecommunications services.
6. Within the framework of its functions, OSIPTEL will always promote competition in the telecommunications sector, but practices such as the sale of chips in public places cannot be allowed to persist, due to all the dangers they represent.

OSIPTEL recalls that public telecommunications services are provided under a concession regime by the Peruvian State and, for their provision, the operating companies are obliged to comply with minimum acceptable quality standards, as well as mandates, resolutions, norms or rules that establish the regulatory body, within the framework of its functions and powers (normative, regulatory, inspecting, supervising and sanctioning).

Lima, July 7, 2022

Office of Communication and Institutional Relations