Last Sunday, December 22, Ministerial Resolution No. 771-2024-MTC/01.03 was published in the Official Gazette El Peruano, which approved the publication of the draft Regulation of Legislative Decree No. 1627 (the “DL 1627”), on the deployment of telecommunications services through 5G services (the “Draft”).
The publication of the Draft constitutes an important step towards a regulation that allows a more efficient use of the spectrum in the bands that allow the provision of 5G services, such as, for example, the case of the 3.5 GHz Band whose reordering procedure was initiated and, subsequently, suspended by the Ministry of Transport and Communications (MTC).
If the Draft is approved, the new regulation will develop the following aspects regulated in DL 1627:
1. The procedure by which the competent body of the MTC identifies the spectrum bands that allow the deployment of 5G technology and in which the special spectrum assignment mechanism referred to in DL 1627 will be applied.
2. The guarantees and other technical, legal and financial requirements to be submitted by the companies interested in obtaining an assignment in the bands affected by the special assignment mechanism, as well as those to be submitted by the concessionaires whose bands are subject to spectrum conditioning or grouping.
3. The procedure for the change or displacement of rights of use within an affected spectrum band, called “migration” by the rule.
4. The steps that must be followed for the special assignment mechanism and other procedures to be properly carried out, including (i) the call for bids; (ii) the expression of interest by those interested; (iii) the verification of the availability of the band; and (iv) the respective auction. It also regulates the challenge processes and the valuation of previous allocations.
5. The content of the telecommunications concession contracts or addenda to be signed by the companies participating in the special assignment mechanism, if applicable, as well as the terms applicable to such procedure.
Finally, Ministerial Resolution No. 771-2024-MTC/01.03 granted interested parties a term, which expires on January 6, 2025, to submit opinions, comments and/or suggestions on the Draft. Said comments should be sent to the MTC’s main office to the attention of the General Directorate of Communications Policy and Regulation, located at Jirón Zorritos No. 1203 – Cercado de Lima, or via e-mail to info.dgprc@mtc.gob.pe.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com), Luis Fernando Roca (lroca@estudiorodrigo.com) and/or Adriana Chavez (achavez@estudiorodrigo.com).
