INDOTEL clarifies that dispute over Channel 3 remains in the hands of the courts; it still belongs to Telemicro

Santo Domingo. – The Dominican Institute of Telecommunications (INDOTEL) issued a clarifying communication regarding the legal status of the requests related to the use of virtual Channel 3, reaffirming that the decision on the ownership of that frequency is still in the hands of the competent courts. The document, addressed to Mrs. Josefa Adames de Jesús, representative of the Television and Microwave Corporation Rafa, S.A. (TELEMICRO), details that the company FRANASYL, S.R.L. had requested the transfer of the usage rights of the frequency segment 578-584 MHz (Channel 32 UHF) and of the aforementioned Channel 3. However, the process is halted by virtue of a contentious appeal filed by Telemicro against previous decisions of INDOTEL. According to the regulator, the case remains under the knowledge of the Third Chamber of the Superior Administrative Court, as determined by the SCJ-TS-0203 ruling of the Supreme Court of Justice in February 2025. This means that Resolution 027-2025, issued by the Board of Directors of INDOTEL and which partially authorized FRANASYL's request, cannot be executed until a definitive and irrevocable ruling is issued. You can also read: In that regard, INDOTEL specified that there is no concession contract signed with FRANASYL nor legal delegation that brings into force Resolution 143-24 of November 2024, which keeps any administrative action regarding Channel 3 on hold. The communication also clarifies that, since October 2024, FRANASYL was notified that it could not access the assignment of virtual Channel 3 because it was under an open judicial process, whose resolution is essential to define who is entitled to its ownership. With this pronouncement, INDOTEL ratifies its commitment to respect due process and legal security in the management of the radioelectric spectrum, making it clear that the dispute over virtual Channel 3 will continue to depend on the decision issued by the courts, where Telemicro maintains the defense of its acquired rights.