Anatel, Telefonica change strategy on Embratel injunction

The Federal Regional Court for the Third District (TRF3) has deferred judgment on applications to discharge an injunction awarded to Embratel preventing incumbent local exchange carrier Telefonica from offering domestic long-distance service in São Paulo State. The hearing, originally scheduled for Wednesday, June 12, will take place on June 19 according to a postponement order signed by Judge Nery Júnior. The applications were filed by Telefonica and Anatel. Telefonica then asked for deferral, saying its lawyers needed more time to work on the case. The postponement may also have something to do with the fact that a delay allows time for the same court to hear an application for discharge of the same injunction filed by Anatel June 4 directly with Judge Márcio José de Moraes, president of TRF3. According to Antônio Bedran, one of Anatel?s prosecutors, if the court accepts this application it won?t need to hear the other one, and Embratel will be forced to seek another order to avert competition from Telefonica. He expects the court to issue a ruling by the end of the week.

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