The publication of the draft Supreme Decree adopting the rule that regulates the Sharing of Active Infrastructure of the Telecommunications Network was ordered
On Friday, November 27, 2020, Ministerial Resolution No. 0850-2020-MTC/01.03 was published in the Official Gazette “El Peruano”, whereby the Draft Supreme Decree adopting the Rule that regulates the Sharing of Active Infrastructure of the Telecommunications Network (the “Draft“) was published for comment.
The resolution has published the Draft so that interested parties may submit their comments within 15 calendar days from the day following its publication. This period shall expire on December 12.
The draft aims to expand the coverage of mobile services and improve the provision of services to users, especially in rural areas and places of priority social interest, promoting the sharing of active infrastructure of the telecommunications network. The Draft states that the Supreme Decree shall apply to all mobile public service operators that have active infrastructure and to passive infrastructure providers. It shall not apply to virtual mobile operators and rural mobile infrastructure operators.
The Draft set outs the principles applicable to the sharing of active infrastructure between mobile operators and to the sharing of passive infrastructure that allows the sharing between mobile operators. It also set outs the conditions, modalities and obligations for each part of the sharing.
In addition, the Draft details the procedures for the approval and modification of sharing agreements that must be followed before the Ministry of Transport and Communications (“MTC“), both for urban and rural areas and places of preferential social interest.
In the case of urban areas, operators who reach an agreement shall enter into a sharing contract that meets the minimum requirements established in the rule. This contract must be subsequently submitted to the MTC for approval within a maximum period of thirty working days. Amendments to sharing contracts shall also be subject to the approval of the MTC. The approvals shall be issued by Board Resolution.
For their part, in the case of rural areas and places of preferential social interest, operators are obliged to share the infrastructure with operators who request it. The parties shall have a period of sixty calendar days from the request to enter into a sharing agreement. If no agreement is reached within the deadline, either party may request a sharing mandate from the MTC, which must approve or reject the request by Board Resolution within thirty working days.
It is important to note that the MTC has provided that, within sixty calendar days, OSIPTEL must issue a resolution adopting the methodology for calculating the consideration. Within the same term, the MTC must also issue a rule that regulates the regime for providers of passive infrastructure.
The Draft proposes to create an Active Infrastructure Sharing Registry that shall be public and contain information on approved contracts and mandates. It also proposes to amend the TUO of the General Regulations of the Telecommunications Law in order to include the infringements for not complying with the provisions of the Supreme Decree that finally regulates the Sharing of Active Infrastructure of the Telecommunications Network, considering them as very serious infringements.
Finally, those interested in commenting on the draft must send their comments via the virtual table of the Ministry of Transport and Communications to the General Directorate of Policies and Regulation in Communications or to the following email: rfarromeque@mtc.gob.pe
For further information, please contact Maria del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).
