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Entel had been reluctant to lease its network to Dolphin, claiming the operator has its own spectrum and so does not meet the requirements to be considered an MVNO.
According to Peruvian regulations, an MVNO is a concessionaire that provides retail services to end users and does not have assigned spectrum or other infrastructure.
Dolphin does have concessions in the 385-385.25MHz and 395-395.25Mhz bands. However, these are used for trunking services, which MTC said does not constitute an impediment for the company to operate as an MVNO, reported El Comercio.
Dolphin was awarded a license to operate as an MVNO in February. The operator has been unable to reach an agreement with Entel regarding the price it would pay to use the Chilean telco's network infrastructure.
Telecom regulator Osiptel ordered Entel to give the newcomer access to its infrastructure. The company challenged the order, seeking further technical and economic analyses of the measure.
Dolphin must wait for a resolution before it can start commercial operations. If the company does not begin commercial operations by year-end, it will lose its MVNO concession.