Telecom Business Solutions (TBS) is a company dedicated to the telecommunications sector, belonging to a conglomerate of companies that have their headquarters in Costa Rica and, in turn, in the United States. TBS is one of the companies authorized by the Ministry of Transportation and Communications to serve as a provider of passive telecommunications infrastructure. This authorization allows it to be one of the few companies in Peru that can install telecommunications towers, which serve to interconnect the population. In other words, TBS helped Peruvians have internet during the quarantine period during the global Covid pandemic.
Unfortunately, the Metropolitan Municipality of Lima (MML) has been canceling the authorizations that are granted to TBS to install the infrastructure. This was not enough; the nullity of the authorization gave rise to the MML also initiating a procedure to sanction TBS and demolish the installed infrastructure. For this reason, our sponsorship revolves around the defense of TBS in different processes against the MML.
Recently, we have obtained a decision in the Supreme Court, the highest Court of Peru, which agrees with TBS and declares that the MML is demanding requirements that are not contemplated in the Law. This decision had such relevance at the level national that our partner, Dr. Manuel Villa García, was invited to make a publication in the Official Gazette El Peruano.
In addition to this, we have managed to reverse unfavorable decisions issued by the Courts (first judicial instance) in the Superior Court (second judicial instance), which are currently being challenged by the MML before the Supreme Court.
Likewise, our sponsorship includes the defense of TBS on the decisions issued by INDECOPI, the entity in charge of declaring illegal bureaucratic barriers that are imposed in various acts of public entities, where it has been established that the demands required by the MML constitute an illegal bureaucratic barrier.