On February 28, 2024, Resolution N° 00059-2024-CD/OSIPTEL was published in the Official Gazette «El Peruano», which modified the Conditions of Use of Public Telecommunication Services (Resolution N° 172-2022-CD/OSIPTEL). In this way, the regulator seeks to reinforce security in the contracting of mobile services, avoiding identity theft, among others.
The regulation establishes a series of essential requirements for the contracting of mobile services. These include (i) contracting the service through contracting means duly authorized by OSIPTEL (call centers, fixed points of sale, telephone or virtual channel, delivery, traveling fairs when authorized); and (ii) biometric validation of the identity of the subscriber and of the person participating in the contracting, with some exceptions.
Operating companies must be able to demonstrate compliance with these essential requirements. In addition, they must review daily compliance with contracting requirements, and send text messages to lines whose contracting does not comply with any requirement. In the latter case, if the subscriber does not regularize his or her situation within the term established by the regulation, the operator must terminate the service.
Finally, the regulation obliges operators to send OSIPTEL, through RENTESEG (the security registry of mobile terminals), daily information on new mobile service contracts. It also regulates the evidence to be submitted to prove compliance with the essential requirements, and specifies some aspects of the permitted contracting mechanisms.
For further information, please contact Maria del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) and/or Luis Fernando Roca (lroca@estudiorodrigo.com).
