Passing of the Regulation of oversight/control and sanction in relation to provision of telecommunication services and activities within the competence of the Ministry of Transportation and Communications
On August 3, 2019, Supreme Executive Order No. 028-2019-MTC was published in the Official Gazette “El Peruano” whereby the Regulation of oversight/control and sanction in relation to provision of telecommunication services and activities within the competence of the Ministry of Transportation and Communications (the “Regulation”) is passed.
The Regulation aims to regulate the exercise of the oversight/control and sanction authority of the Ministry of Transportation and Communications (the “MTC”) and applies to the entities subject to these regulations providing telecommunication services within the competence of the MTC (public, private, postal and broadcasting services). Regarding oversight/control of such activities, the Regulation regulates the following aspects below:
(i) Execution of oversight/control actions by MTC line functions
(ii) Obligations and rights of the entities subject to these regulations within the framework of control procedure
(iii) Access to the facilities of the entities subject to these regulations
(iv) Imposition of corrective measures
(v) Content of the documents obtained as a result of oversight/control activities, such as the certificate and the report of oversight/control
(vi) It is set forth that the General Direction of Telecommunication Control and Sanction approves an Annual Control/Oversight Plan which shall have main services and aspects to be overseen.
It also regulates the administrative sanction procedures whereby the following sanctions below may be imposed: (i) warning, (ii) fine, and (iii) cancellation or temporary or definitive concession revocation, etc. The approved regulation includes procedural rules for general procedure for proceedings, filing of remedies and precautionary measures. Finally, grading criteria for sanctions and mitigating conditions applicable to the violation set by MTC are included.
In compliance with the provisions set forth in the Regulation, sanctions imposed by MTC shall be included in the Violation and Sanction Registry that will be published on the MTC website.
Finally, the Regulation provides that control/oversight actions in progress upon the effective date of this Regulation shall be adequate to its provisions.
For further details, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).
