On March 12, 2024, Supreme Decree N° 007-2024-MTC was published in the Official Gazette “El Peruano” approving the Regulation of the Law that promotes environmental decontamination and establishes the removal of overhead wiring in disuse or in poor condition in urban areas of the country (Regulation), in order to reduce the high rate of overhead wiring, ensuring the safety of the population and the right to enjoy a balanced and adequate environment. The Regulation came into force on March 13, 2024.
Among the main provisions of the Regulation, we have the following:
The scope of application reaches concessionary companies of electricity and telecommunications services, as well as companies providing passive telecommunications infrastructure. Compliance with the obligations of electricity companies will be supervised by the Environmental Evaluation and Oversight Agency (OEFA), while for telecommunications companies, it will be the Ministry of Transportation and Communications (MTC) until the latter transfers its environmental functions to the OEFA.
Among the general obligations, companies must submit: (i) the Action Plan to the OEFA or the MTC, as applicable, within a maximum period of 3 months from the entry into force of the Regulation, and (ii) the Street Plan for the removal to the district and provincial municipality, as applicable, prior to the start of the work. After the submission of the latter plan, the companies will remove the wiring without the need to obtain a municipal authorization.
As part of the process of removing overhead wiring in disuse or bad condition, the companies will submit the Removal Reports, which are to be submitted 6 months after the entry into force of the Regulation and on a quarterly basis. Companies have 24 months from the date of entry into force of the Regulation to remove the wiring.
After the expiration of the 24-month term, the OEFA will exercise the sanctioning power for non-compliance with the obligations of this Regulation. Prior to this, the OEFA and the MTC may carry out orientative supervisions.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) and/or Margarett Matos (mmatos@estudiorodrigo.com).
