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Telecommunications Alert - October 2025
OSIPTEL APPROVES A NEW CLASSIFICATION OF SUBSCRIBERS AND MODIFIES ITS PENALTY SYSTEM
During the last week, the following resolutions were published in the Official Gazette El Peruano:
- Resolution No. 000100-2025-CD/OSIPTEL, which establishes differentiated regulations based on the type of subscriber (Resolution 100).
- Resolution No. 000102-2025-CD/OSIPTEL, which amended OSIPTEL's General Regulations on Infractions and Sanctions (Resolution 102).
Resolution 100 approved the classification of private legal entities with a Tax Identification Number (RUC) as “corporate subscribers.” Operators are no longer required to comply with the following regulations in relation to such subscribers: (i) the User Service Quality Regulations; (ii) OSIPTEL's General Quality Regulations, in relation to circuit leasing; and (iii) the Terms of Use, except for the sections and articles expressly listed in Resolution 100.
The regulation comes into force on Tuesday, December 2, 2025, and expressly states that corporate subscribers with existing contracts are not required to renegotiate them.
Resolution 102, on the other hand, introduced changes to OSIPTEL's penalty system. Among the main changes are the following:
- It has allowed for the voluntary correction of non-compliance even after a request has been made by OSIPTEL, provided that this occurs before the start of disciplinary proceedings.
- The percentages and circumstances for reducing fines are adjusted, replacing the provisions of OSIPTEL's Methodology for Calculating Fines.
- Article 22-A is incorporated, clarifying that OSIPTEL's sanctioning power is discretionary.