Telecomunication Alert - February 2026
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DRAFT GENERAL REGIME FOR THE RENEWAL OF TELECOMMUNICATIONS CONCESSIONS
On February 10, 2026, Ministerial Resolution No. 063-2026-MTC/01.03 was published in the Official Gazette El Peruano, approving for public comment the draft Supreme Decree that regulates the “General Regime for the Renewal of Public Telecommunications Service Concessions” (the “Draft Regulation”).
The Draft Regulation establishes a new legal framework that, as stated, aims to ensure that the evaluation of applications for the renewal of public telecommunications service concessions is carried out based on objective and predictable criteria, and also on the performance of the concessionaires, promoting infrastructure deployment and technological upgrades. Furthermore, the Draft Regulation repeals the concession renewal regime established in Supreme Decree No. 008-2021-MTC.
The following are some of the most relevant provisions of the Draft Regulation:
- Voluntary nature of the regime: The regime established in the Draft Regulation is voluntary. Therefore, applications for renewal of telecommunications concessions are processed, in principle, according to the procedure, conditions, and terms stipulated in each concession contract, unless the company expressly decides to adopt the new legal framework.
- Likewise, renewal applications currently being processed are subject to the regulations in force at the time of their submission, unless the concession holder requests voluntary adoption of the new legal regime.
- Investment commitments: A condition for renewal is that the concession holder assume mandatory investment commitments equivalent to 90% of the value of the radio spectrum associated with the concession. Of these commitments, 75% must be executed during the first year of the new period and the remaining 25% in the second. The valuation of the spectrum is carried out by the Ministry of Transport and Communications (MTC), with the support of independent experts contracted for this purpose.
- Radio spectrum planning: The Draft Regulation acknowledges that the Ministry of Transport and Communications (MTC) may adopt the necessary measures to ensure timely planning regarding future uses and/or allocation mechanisms of the radio spectrum. These decisions will be communicated in a timely manner to concession holders with current allocations, without affecting their concessions and/or renewals for the period approved by the MTC.
- Modification of regulatory provisions: Articles 194, 195, and 196 of the Regulations of the Telecommunications Law, concerning the term, evaluation, and renewal procedure, respectively, are amended, as is Article 5 of the Policy Guidelines for Opening the Telecommunications Market in Peru.
Interested parties may submit comments on the Draft Regulation until February 25, 2026, through the MTC's Virtual Filing System, addressed to the Directorate General of Communications Policy and Regulation, or to the email address info.dgprc@mtc.gob.pe.