Telecommunications Alert – January 2021

Amendment of measures related to the telecommunications sector adopted by Emergency Decree No. 035-2020

On Friday, December 31, 2020, Emergency Decree No. 147-2020 was published in the Official Gazette “El Peruano”, which amended certain measures related to the telecommunications sector, which were adopted by Emergency Decree No. 035-2020 of April 2020. The changes adopted were as follows:

1. The following measures, adopted by Emergency Decree No. 035-2020, shall cease to apply from January 1, 2021: (i) the non-application of sanctions for infringements to the General Regulations on the Quality of Public Telecommunications Services for reasons related to the state of emergency; (ii) the possibility of suspending physical care in customer service centers; and, (iii) the prioritization of telecommunications traffic handled by State entities.
2. Article 9, paragraph 2 of the Emergency Decree is amended, preventing operating companies from charging default and/or compensatory interest for the payment of bills from residential subscribers, issued in March 2020 or comprising any consumption made during the period of validity of the State of National Emergency due to the outbreak of COVID-19. Originally, the regulation also prevented the application of fixed charges for arrears, reconnection charges or any other concept related to non-payment of the bill and/or financing of the overdue debt.

For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) or Luis Fernando Roca (lroca@estudiorodrigo.com).