Last Friday, June 7, Supreme Decree N° 013-2024-MTC was published in the official gazette El Peruano, which amended articles 207°, 227° and 232° of the General Regulations of the Telecommunications Law, approved by Supreme Decree N° 020-2007-MTC.
The regulation modified the following aspects of the regulation:
1. Regarding the temporary assignment of radio electric spectrum, regulated in Article 207°, it exempted from the payment of the fee to the cases in which the assignment refers to (i) activities of relevant national interest; or (ii) diplomatic expenses. These assumptions are in addition to the assignment for emergency situations, which was already exempted.
In addition, it was specified that temporary assignments are extinguished as of right at the end of the term granted, regardless of their formalization by means of an official letter.
2. Regarding the authorization fee, regulated in Article 227°, the amount applicable to the authorization of radio amateurs was reduced from 1% to 0.1% of the UIT. In addition, it was specified that the extension of the authorization of private services also requires the payment of the regular authorization fee (25% of the UIT).
Finally, the fee was waived for those authorizations referring to additional spectrum allocation for (i) activities of relevant national interest; (ii) diplomatic expenses; or (iii) emergency situations.
3. Assignments exempted from the payment of the fee were limited to those operated by National, Regional or Local Government entities recognized in the budget laws.
In addition, private institutions of social interest are required to be declared as such by the Ministry of Transportation and Communications in order to be eligible for the reduced rate of 1% of the UIT per station regulated in Article 232° of the law.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com) and/or Luis Fernando Roca (lroca@estudiorodrigo.com).
