Publication of bill to amend the telecommunication market opening policy guidelines that insert the title about new digital services and technologies
Pursuant to Ministerial Order No. 917-2019-MTC/01.03 published on October 15, 2019, it is set forth to approve the bill of the Supreme Executive Order that inserts the Title “Guidelines for new digital services and technologies development” (the “Bill”) in the Supreme Executive Order No. 020-98-MTC. Said Bill approves the Telecommunication Market Opening Policy in Peru.
The Bill aims to establish the general policy guidelines for new services and technologies in our country. These include the following provisions:
– Communication Infrastructure: The Bill proposes, for broadband network implementation, that it should be preferable the deployment of smart poles, small cells and microducts, in order to reduce visual pollution, non-ionizing radiation, etc. In addition, it states that the Ministry of Transportation and Communications (“MTC”) shall promote the expansion of disguised infrastructures and facilitate the deployment of buried optical fiber.
– New technologies: The Bill states that the MTC shall promote the use of technologies as Internet of Things, Big Data, Blockchain and artificial intelligence. It also proposes that the communication operators submit a migration plan to new technologies to be executed in two (2) years to the MTC. Finally, it states that the MTC shall set technical characteristics that mobile communication services must meet to qualify as 4G or higher services.
– Sharing and access: The Bill establishes that the MTC shall promote the legal framework enabling active telecommunication infrastructure sharing and local roaming to allow users to keep connect even outside the original network coverage area. In this sense, it proposes that the MTC shall define the scope and obligations related to such cases.
– Use of radio spectrum: The Bill proposes that the MTC shall identify frequency bands that can support high speeds and data intensive use; promote their use for broadband and vertical markets; and promote spectrum sharing, among others. It also proposes that spectrum allocation tenders shall prioritize the expansion commitments.
The Ministerial Order No. 917-2019-MTC/01.03 provides for thirty (30) 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: mcorrea@mtc.gob.pe.
For further details, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Luis Fernando Roca (lroca@estudiorodrigo.com).
