REGULATIONS ON THE ACT ON STRENGTHENING OF TELECOMMUNICATIONS INFRASTRUCTURE EXPANSION ARE AMENDED
On February 17, 2019, Executive Order 004-2019-MTC was published in El Peruano Official Gazette, where the Regulations for Law 29022, Act on Strengthening of Telecommunications Infrastructure Expansion are amended, as approved by Executive Order 003-2015-MTC (the “Regulations”).
Below are the main amendments to these regulations:
– It is stipulated that the installation of smaller subscription antennas, which are described in Exhibit 2 to the Regulations, does not require a prior authorization to be installed.
– The obligation for operators and suppliers of passive telecommunications infrastructure to demount and remove infrastructure that has not been used to provide the service during one (1) year is incorporated, once it is communicated that the installation is completed. Failure to comply with this obligation will result in a serious offense and will be penalized by the competent local or regional government.
– The following serious offenses under the competence of the Ministry of Transport and Telecommunications (the “MTC”) are also incorporated: (i) not complying with the guidelines for installation of camouflaged telecommunications infrastructure, which are contained in Exhibit 2 to the Regulations; (ii) not measuring the Maximum Permissible Limits (LMPs) within thirty (30) calendar days of having installed radio communication antennas or stations, or when required by the competent directorate of the MTC; and (iii) not submitting the measurement results to the competent directorate of the MTC within the established term.
– The need to validate LMP measurements annually is eliminated. Without prejudice thereto, it is specified that incoming operators sharing infrastructure must comply with the mandatory LMP measurements within thirty (30) calendar days of having installed radio communication antennas or stations.
– Exhibit 2 to the Regulations is amended, which contains the Guidelines for Installation of Camouflaged Telecommunications Infrastructure.
– Finally, and in a supplementary manner, Supreme Decree 038-2003-MTC is amended, a legal provision that sets LMPs for Non-Ionizing Radiations in Telecommunications. In such sense, the MTC is empowered to require LMPs measurements and submission of the corresponding results in the assumptions not contemplated by the legal provision.
For more information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).
