Telecommunication Alert - April 2026
Draft Regulations of Legislative Decree No. 1723 on the Proper Use of Numbering to Prevent Anonymity and Illicit Communications
On April 16, 2026, Ministerial Resolution No. 195-2026-MTC/01.03 was published in the Official Gazette El Peruano, approving for public comments the draft regulations of Legislative Decree No. 1723. This Legislative Decree establishes rules, measures and/or mechanisms for the proper use of numbering in calls and text messages, as well as their traceability, in order to prevent anonymity and illicit communications to the detriment of users of public telecommunications services (the “LD 1723”) (the “Draft Regulations”).
Below is a summary of some of the key provisions contained in the Draft Regulations:
- Monitoring and blocking of illicit communications: The scenarios in which operators must block or prevent the completion of calls and messages are further developed, such as when: (i) the authenticity of the originating calling number in their network cannot be verified, or (ii) the calling number identifier received in their network is not consistent with the corresponding interconnection point. Additionally, operators are required to have technological platforms capable of blocking text messages that (i) contain tampered URLs; (ii) involve impersonation, fraud, or the distribution of malicious content; and (iii) originate from SIM boxes, understood as mechanisms that enable the mass sending of messages from devices that simulate a mobile terminal with multiple SIM cards.
- Specific regime for “Level 1 aggregators”: A specific regime is introduced for Level 1 aggregators, defined as those agents that have a direct connection with an operator for sending text messages on behalf of their clients. In particular, such agents must: (i) register in the MTC’s Value-Added Services Registry for data storage and retransmission services; (ii) comply with the Fundamental Technical Numbering Plan (the “FTNP”); and (iii) assume specific obligations regarding the prevention and mitigation of illicit communications (for example, implementing authentication controls to identify the sender of the message).
- Reporting and data retention: Operators must submit quarterly reports to the MTC on detected, blocked, or completed calls and messages, and must retain such information for a period of 36 months. Level 1 aggregators must also retain, for the same period, the information derived from compliance with the FTNP.
- Sanctioning regime: Eleven administrative infringements are established for non-compliance with the provisions on the prevention and mitigation of illicit communications, which may be sanctioned by the MTC with a warning or a fine, depending on the severity of the infringement.
On the other hand, Ministerial Resolution No. 195-2026-MTC/01.03 also approves for public comments the draft amendment to the FTNP, originally approved by Supreme Resolution No. 022-2002-MTC. This amendment introduces adjustments for the implementation of LD 1723 and its (future) regulations. Among the main aspects, it proposes to: (i) incorporate express definitions, such as “Level 1 aggregator” and “non-numeric identifiers”; (ii) regulate the structure and use of non-numeric identifiers in text messages, linking them to the numbering assigned to the operator; and (iii) clarify the use of the international prefix for incoming calls, establishing clear rules for the identification of calls originating from abroad and terminating in national numbering.
Interested parties may submit comments on the draft regulations until May 1, 2026, through the MTC’s Virtual Filing Desk, addressed to the General Directorate of Policies and Regulation in Communications, or via email at info.dgprc@mtc.gob.pe.