Telecommunications Alert - July 2026
Publication of Regulations and Draft Regulations on Telecommunications
On July 21, 2026, the following regulations and draft regulations on telecommunications were published in the Official Gazette El Peruano:
1. Supreme Decree No. 016-2026-MTC: This regulation amends the Regulations of Law No. 29022, Law for the Strengthening of the Expansion of Telecommunications Infrastructure, in order to simplify the regime applicable to the verification of the Maximum Permissible Limits for Non-Ionizing Radiation in telecommunications infrastructure by the Ministry of Transport and Communications (the “MTC”).
The main changes introduced are as follows:
- Subparagraph (g) of Article 35.1 of the Regulations is amended to clarify that a serious infringement is established only when an operator fails to comply with a measurement request issued by the MTC.
- Subparagraph (h) of Article 35.1, which classified the failure to submit measurement results to the MTC within the deadlines established in the Regulations as a serious infringement, is repealed.
- The Sixth Final Supplementary Provision of the Regulations is amended to eliminate the general obligation to conduct Non-Ionizing Radiation measurements within 30 calendar days following the installation of the infrastructure. Going forward, the MTC may conduct verifications or require measurements, particularly in response to complaints filed by third parties.
2. Ministerial Resolution No. 398-2026-MTC/01.03: This regulation provides for the publication of the draft Regulations on Radioelectric Coverage of Terrestrial Public Mobile Telecommunications Services (the “Draft Regulations”), together with the related periodic information reporting forms. The Draft Regulations seek to regulate the determination, reporting, and publication of information on radioelectric coverage nationwide, with the aim of strengthening the planning and monitoring of interventions in the sector, as well as enhancing transparency regarding mobile service coverage.
The main provisions set forth in the Draft Regulations include the following:
- The indicators and thresholds for determining radioelectric coverage within a geographic area are established based on mobile technology (2G to 5G).
- The Rural Mobile Infrastructure Operators and Mobile Network Operators are required to submit quarterly reports to the MTC containing information on radiating elements. In addition, the latter must report the radioelectric coverage footprint of their networks, differentiated by technology and frequency band. These reports must be submitted using the forms approved by the MTC.
- The MTC will approve the first Radioelectric Coverage List at the level of populated centers within six months following the expiration of the deadline for operators to submit their first information report. Thereafter, the list will be updated quarterly on the MTC’s website.
Interested parties may submit comments on the Draft Regulations until August 5, 2026, through the MTC’s Virtual Filing Office or at its main office (Jr. Zorritos No. 1203, Cercado de Lima), addressed to the General Directorate of Communications Policies and Regulation, or by email at info.dgprc@mtc.gob.pe.