Publication of bill of amendment to regulation on mobile telecommunications public utility passive infrastructure provider registration
Pursuant to Ministerial Order No. 977-2019-MTC/01.03 published on October 26, 2019, it is set forth to publish the bill of Supreme Executive Order modifying the Regulation on Mobile Telecommunications Public Utility Passive Infrastructure Provider Registration, approved by Supreme Executive Order No. 024-2014-MTC (“Bill”)
The Bill intends to adequate the existing Regulation to the environmental and administrative simplification regulations in force. Likewise, additional measures in relation to the Passive Infrastructure Provider Registry (“Registry”) are adopted, intensifying control and oversight of providers by the Ministry of Transportation and Communications (“MTC”). Some of the main measures proposed by the Bill are shown as follows:
(i) Rights to be exercised by passive infrastructure provider by virtue of their registration are specified. They include the permitting before local government as well as other authorities involved in infrastructure deployment. Registry requirements for registration and renewal are also specified.
(ii) Causes of cancellation of registration are extended. Such causes entail the breach of the whole obligations provided by law by passive infrastructure providers. This differs from the current wording which sets forth that the breach of only some obligations will cause cancellation of registration and, in several cases, will even require a double violation for cancellation to proceed therewith.
(iii) Consequences and scopes of cancellation of registration are also extended. Said cancellation shall have as a consequence to be disqualified from requesting a new registration for two (2) years, and also to be prohibited to keep an infrastructure-sharing relation within such period. The disqualification being proposed by the Bill shall be applied to related companies and partners of the affected provider.
(iv) Passive infrastructure providers’ additional obligations are inserted. These are related to environmental aspects regarding infrastructure and providing information to MTC, etc.
(v) The Bill also proposes to provide passive infrastructure providers to report to MTC the name of mobile telecommunications public utility operators who are able to render support service within thirty (30) days upon enactment of the regulation.
(vi) Finally, it is proposed to insert concessionaires’ general obligation to use providers’ infrastructure duly registered into the Regulation of Telecommunications Act (Supreme Executive Order No. 020-2007-MTC). The breach of this obligation shall be sanctioned.
The Ministerial Order No. 977-2019-MTC/01.03 provides for fifteen (15) calendar days for opinions and suggestions regarding the Bill to be addressed to “Dirección General de Políticas y Regulación en Comunicaciones” (MTC General Division of Communications Programs and Projects) in written to the address: Jr. Zorritos 1203 Cercado de Lima, or via email: rfarromeque@mtc.gob.pe.
For further details, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Luis Fernando Roca (lroca@estudiorodrigo.com).
