The “Procedure for the Removal of Unauthorized Items installed in the Public Use Infrastructure for the Provision of Public Telecommunications Services” was adopted
On Friday, December 4, 2020, Resolution of the Board of Directors No. 182-2020-CD/OSIPTEL was published in the Official Gazette “El Peruano”, adopting the “Procedure for the Removal of Unauthorized Items that are installed in the Public Use Infrastructure for the Provision of Public Telecommunications Services” (the “Resolution“).
The Resolution establishes the mandatory procedure that must be followed by public-use infrastructure holders for the removal of unauthorized items used for the provision of public telecommunications services that are installed in the Resolution. The Resolution applies to the companies operating public telecommunications services and to holders of public use infrastructure for the provision of public telecommunications services.
The procedure for withdrawal shall be initiated at the request of the company holding the infrastructure, which shall send a communication to the holder of the item, granting a period of not less than 15 working days for the company holding the item to withdraw it or send its discharges and the documents supporting its access to the infrastructure. In case the holder of the item is not known, the holder must make the communication through publication in the Official Gazette “El Peruano” or other of greater national circulation. The communications sent by the companies must comply with the requirements established in the procedure.
After the deadline mentioned in the previous paragraph, if the holder of the items has not replied to the communication, the holder of the infrastructure may proceed to withdraw the items. If a response has been received, the company holding the infrastructure must evaluate the documentation sent, and then inform the holder of the item of its position regarding the authorization in question. If the holder of the infrastructure considers that the elements do not have authorization, the communication shall involve a request for the withdrawal of the items and must indicate the period (not less than 15 working days) provided for the holder of the item to withdraw the unauthorized items. At the end of the latter period, the company holding the infrastructure is authorized to withdraw the items directly.
The procedure ends with the withdrawal of the items or, in any case, with the notification of the communication by which the corresponding authorization is confirmed. The periods indicated may be extended by mutual agreement between the parties for a single time.
The holder of the infrastructure or the holder of the item who withdraws the unauthorized items shall have a period of one working day to communicate it to the other party, with a copy to OSIPTEL.
Any communication sent within the framework of the procedure shall be kept and available at the request of OSIPTEL until its completion.
Finally, the Resolution contains as an annex the classification of infringements and sanctions applicable within the framework of the rule.
For further information, please contact Maria del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).
