Adoption of Guideline to grant telecommunications concessions and allocate radio spectrum through public bidding competition
On July 25, Ministerial Resolution Nº 734-2021-MTC/01 was published in the Official Gazette “El Peruano”, which adopted Guideline Nº 005-2021-MTC/01.03, Guideline for the Granting of Concessions and Allocation of Radio Spectrum for the Provision of Public Telecommunications Services through Public Bidding Competition (the “Guideline”).
The Guideline regulates the conduct of public bidding competitions initiated ex officio by the Ministry of Transportation and Communications (MTC) to grant concessions and allocate radio spectrum. Such public bidding competitions are managed by an Evaluation Committee, made up of representatives from different MTC bodies and a member of OSIPTEL, which must agree with the bidding conditions and, as a result, award the respective bid.
The Guideline also regulates the different phases that the aforementioned bidding processes must comply with. These are: (i) an Identification Phase of the bands or projects to be tendered; (ii) a Design Phase, mainly in charge of the General Directorate of Communications Programs and Projects of the MTC; and, (iii) a Bidding Phase, in which the Evaluation Committee must evaluate and select the most favorable technical and economic proposals, according to selection criteria defined in the respective bidding conditions.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) or Luis Fernando Roca (lroca@estudiorodrigo.com).
