Telecommunications Alert – June 2025

Amendments to the Call for Proposals for the Special Mechanism for the Allocation and Conditioning of the 3.5 GHz Frequency Band Approved

On June 10, 2025, Ministerial Resolution No. 355-2025-MTC/01.03 (“RM 355”) was published in the Official Gazette “El Peruano,” approving amendments to the Call for Proposals for the Special Mechanism for the Allocation and Conditioning of the 3.5 GHz (3,300–3,800 MHz) frequency band (“Band”) for the provision of public telecommunications services using fifth-generation (5G) or higher technology (“Call”).

In this regard, the most relevant amendments to the Call for Proposals are as follows:

1. Timeline: New dates have been established for the execution of each stage of the process.
2. Submission and evaluation of Mandatory Investment Commitments (“COI”): Adjustments have been made to the content and rules for the submission of Envelopes No. 1 (COI proposal by spectrum for each exchange) and No. 2 (additional COIs). Likewise, clarifications and new additions have been made to the rules for evaluating the best proposal for the allocation of the exchanges (Envelope No. 1) and for the allocation of the locations of the 100 MHz blocks in the Band for additional COIs (Envelope No. 2).
3. Migration of other services present in the Band: It has been established that concessionaires with pre-existing allocations must adapt their networks, services, and users to the newly assigned spectrum, in accordance with the following deadlines—counted from the date of signing of the last concession contract and/or addendum under this Call for Proposals—and geographic areas:

• Metropolitan Lima and Callao, Trujillo Province, Arequipa Province, and Ica Province: 6 months.
• All other provinces, except the provinces of the Lambayeque Department and the rest of the provinces of the Lima Department: 9 months.
• The provinces of the Lambayeque Department and the rest of the provinces of the Lima Department: 12 months.

4. Letter of guarantee for the special assignment and the effective implementation of the Migration process: The value of the letter of guarantee, which guarantees the validity, effectiveness, and seriousness of participation in the process, has been set at USD 75,950,406.74 for 100 MHz. For companies that are part of the same economic group, the value of the letter of guarantee will be calculated considering all decimals for the value of 1 MHz/POB (USD 0.03685097877034).
5. Withdrawal from continuing to participate in the Special Allocation and/or Conditioning Mechanism process: Rules have been incorporated for the withdrawal of a company from the process. Thus, if a qualified company or concessionaire withdraws from continuing to participate, does not sign the document, refuses to comply with the assigned location, or does not sign the contract, it will be disqualified, its letter of guarantee will be executed, and, if it had a pre-existing allocation in the Band, it will return to its initial location. For its part, the Ministry of Transport and Communications («MTC«) will continue the process with the remaining companies, maintaining the awards and the order of selection based on the bids submitted.
6. Concession Contract and Addendum: The version of the concession contract, as well as the addendum to be signed, including its annexes, have been modified and/or updated as a result of the MTC’s evaluation of comments from interested parties and OSIPTEL.

For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).