Anatel condemns Algar Telecom for practicing permanent roaming

This Thursday (1st), the Board of Directors of the National Telecommunications Agency (Anatel) considered that Algar Telecom violated the competition rules in the provision of IoT services throughout the national territory, which is called permanent roaming, offering “multioperator” M2M chip using Claro’s network.

Although the company has the concession to operate in a restricted way to the Minas Gerais triangle, Algar Telecom cannot use the operator’s network in areas where it is not authorized to operate. For level of understanding, permanent roaming occurs when a mobile chip remains activated outside its original service area, whether city or country.

According to the rapporteur, the counselor Emmanoel Campelo, the company’s behavior is an abusive way of providing a mobile service to relate to the averages, calling the practice “strange”. He explained that this is a roaming concept, as it is not permanent but guest.

“This is yet another case of a regulated company wanting to say what Anatel should or should not do. Algar cannot use a private agreement with an operator, in the case of roaming, to expand its area of ​​operation using another operator’s network”, said Campelo.

The counselor says that Algar Telecom cannot “camp its customers permanently on Claro’s network, given that the roaming service is transitory”, arguing that the company cannot sell national service, since it has a limited license.

In addition, the counselor pointed out that Algar’s practice clearly violates the PGMC, since there is an offer of service provision in areas not granted. With this, Anatel authorized Claro to suspend the provider’s activities, giving the company a period of 60 days to inform customers that it will no longer offer any type of service with a “multioperator” chip.

“I authorize Claro to interrupt the service for Algar. The period of 60 days is solely and exclusively in respect of users. Algar is offering irregular services to users. Algar wants to enforce its claims here using users. The period of 60 days is for these consumers to be communicated and to be able to contract the service on a regular basis”, said Campelo’s winning vote.

In its defense, Algar Telecom said that the decision of the superintendence, for which it presented the appeal analyzed by the Board of Directors, is disproportionate and that the company has always been willing to make the necessary adjustments.

Claro, through its lawyer, Maria Isabel Cahu, accused the company of using its network to roam permanently with its customers, which is prohibited by Brazilian law. “Algar would be breaching roaming contracts, negotiating with Claro’s network connection for customers to use for IoT“, said the operator.

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