Draft Resolution adopting standard agreements for public telecommunications services was published for comments
On Thursday, November 5, 2020, General Management Resolution No. 276-2020-GG/OSIPTEL was published in the Official Gazette “El Peruano”, which submitted for comments the Draft Resolution adopting the standard agreements for the provision of mobile public services, fixed telephony, fixed and mobile internet and cable broadcasting (the “Draft“).
Once adopted, such contracts shall be binding on operators providing such services pursuant to the provisions of Article 17 of the Single Ordered Text of the Conditions of Use for Public Telecommunications Services (Resolution No. 138-2012-CD/OSIPTEL).
The Draft includes a total of six standard agreements to be used by telecommunication operators for the following services: (i) postpaid or control mobile public service; (ii) prepaid mobile public service; (iii) packaged services; (iv) fixed telephony service; (v) fixed internet access service; and, (vi) pay TV-service.
It must be added that these standard agreements would be used without prejudice to the contracting mechanism used by the operator in each case. Likewise, in those written and digital contracting mechanisms, the acceptance part of the agreement shall include: (i) handwritten signature; (ii) biometric fingerprint information; or, (iii) another type of digital signature, as appropriate.
The Draft also contains important provisions on layout, such as the sheet size and print form, the font and font size of each section, among others. In addition, it is provided that in areas of the country where the use of the Quechua language predominates or the native language of the user is Quechua, the operators shall use the Quechua version of the standard agreements established by OSIPTEL’s General Management.
Each one of the adopted model of standard agreements is published on the OSIPTEL’s website, and may be found at the following link: https://www.osiptel.gob.pe/articulo/res276-2020-gg.
The term for the submission of comments is fifteen (15) calendar days from the day following the publication of the Draft, and the term expires on November 20. These must be submitted in Word format to the following email address: sid@osiptel.gob.pe.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) or Luis Fernando Roca (lroca@estudiorodrigo.com
