Alert
Telecomunication Alert - February 2026
For more information, contact:
Themes
February 10, 2026
PUBLICATION OF VARIOUS REGULATIONS REGARDING TELECOMMUNICATIONS
On February 7, 2026, the following regulations regarding telecommunications were published in the Official Gazette El Peruano:
- Legislative Decree No. 1718: This decree incorporates Article 35-A into Law No. 27336, the Law for the Development of the Functions and Powers of OSIPTEL, with the objective of guaranteeing the enforceability of the regulator's resolutions that impose fines. This article allows for the suspension of the coercive enforcement of these resolutions only when the obligated party files a lawsuit before the Judiciary and provides OSIPTEL with an irrevocable, joint and several, unconditional, and immediately enforceable letter of guarantee for an amount equivalent to the amount subject to coercive enforcement.
- This new regime applies to administrative sanctioning procedures initiated after the entry into force of Legislative Decree No. 1718, that is, the day after its publication. Additionally, OSIPTEL is required to approve supplementary regulations within 90 business days.
- Legislative Decree No. 1723: This regulation establishes rules, measures, and mechanisms for the proper use of phone numbers in calls and text messages, as well as their traceability, in order to prevent anonymity and illicit communications. The entry into force of this regulation is subject to the publication of its implementing regulations, which must be approved by the Ministry of Transport and Communications (MTC) within 90 calendar days of the publication of Legislative Decree No. 1723.
- Legislative Decree No. 1724: This regulation incorporates new provisions into Legislative Decree No. 822, the Copyright Law, regarding Internet access providers and digital service providers. Among these provisions, it has been established that an “Internet service provider” is any entity that offers Internet-related services, classifying them into two types: (i) the Internet access provider, which connects the user to the network by transmitting, routing, or providing connections without altering the content of communications; and (ii) the digital environment service provider, which provides functions such as automated temporary data storage (caching), hosting or digital storage of content on demand by the user and the provision of information search tools.