The Third Room of the Superior Administrative Court (TSA) recognized the legitimacy of the rights claimed by FRANASYLSRL around the Channel 3 virtual and declared valid voluntary intervention in the process that pitted that company against the Rafa Television and Microwave Corporation, SA (Telemicro).
Judicial decision and support for Resolution 080-2022
In its decision, the court rejected in all its parts the administrative contentious appeal filed by Telemicro and fully confirmed the Resolution no. 080-2022 issued by the Dominican Institute of Telecommunications (INDOTEL).
The sentence occurs after the ordered forwarding for the Supreme Court of Justice through decision SCJ-TS-25-0203, which ordered a new evaluation of the case after identifying a denaturation vice of the facts in a previous ruling.
Telemicro wanted the court to annul the resolution of the Indotel alleging the existence of acquired rights over the VHF Channel 3 derived from a communication issued by the regulatory body in 2004.
Requirements and conditions for the license of the Channel 3 virtual
He TSA concluded that said communication had temporary natureconditioned and precarious, without constituting a definitive authorization for frequency exploitation.
Likewise, it indicated that the appellant company did not prove compliance with the technical and administrative requirements established in the Law 153-98the Authorization Regulations and the resolutions of the Transition Plan to Digital Television (121-2021 and 122-2021), essential to obtain a formal license.
The court determined that the Resolution 080-2022 fits the principles of legalitycompetition and due processwithout finding evidence of arbitrariness, misuse of power or violation of legal security.
He also rejected the request for Telemicro to modify the Frequency Plan, remembering that this power is exclusive to the INDOTEL as national authority of the radio spectrum.
As to FRANASYLhe TSA established that his voluntary intervention complied with the procedural requirements and responds to a legal interest legitimate, given that the company obtained a linked license to the Channel 3 virtual within the technological transition process.
