Draft Resolution establishing the Basic Offer for Sharing Electrical Infrastructure to provide telecommunications services was published for comments
On Friday, December 25, 2020, the Resolution of the Board of Directors of OSIPTEL No. 199-2020-CD/OSIPTEL was published in the Official Gazette “El Peruano”, which submitted for comments the Draft Resolution adopting the Basic Offer for Sharing and other provisions applicable to the Electrical Infrastructure used for the deployment of telecommunication networks (the “Draft“).
The Draft proposes to adopt a mandatory Basic Offer for Sharing (OBC) for the execution of infrastructure sharing contracts held by concessionaires of the public electric power service. This would be applicable whenever a telecommunications operator wishes to access the electric infrastructure within the framework of the infrastructure sharing sector rules (Laws No. 28295 and 29904, and their Regulations).
The OBC contains, among others, the object of the sharing contract; its term and duration; the procedure for settlement and payment; and, obligations related to the maintenance and supervision of the infrastructure, among others. It also includes aspects related to the guarantees required to sign the contract, its causes for termination and the corresponding economic conditions.
Finally, the rule also states that, without prejudice to the fact that electricity dealers and telecommunications operators may set the value of the consideration for access (within the legal limits), OSIPTEL shall publish a list of prices for such consideration, according to the type of structure. Such values would have to be considered by the parties when determining the economic terms of their contracts.
The term for the submission of comments is thirty (30) calendar days from the day following the publication of the Draft, which term expires on January 25. These must be submitted in Word format to the following email address: sid@osiptel.gob.pe.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) or Luis Fernando Roca (lroca@estudiorodrigo.com).
