Telecommunications Alert – March 2021

Draft Rule Regulating the Sharing of Active Infrastructure of the Telecommunications Network was published

On Wednesday, February 24, 2021, Ministerial Resolution No. 136-2021-MTC/01 was published in the Official Gazette “El Peruano”, which provides for the publication of the draft Supreme Decree adopting the Rule Regulating the Sharing of Active Infrastructure of the Telecommunications Network (the “Draft Rule“), as well as its Statement of Reasons on the institutional portal of the Ministry of Transport and Communications (the “MTC“).  It is worth mentioning that said Draft includes the comments submitted to the draft published by Ministerial Resolution No. 0850-2020-MTC/01.03, dated November 2020.

The purpose of the Draft Rule aims to regulate the access and shared use of the active infrastructure of the telecommunications network without involving the radio spectrum. In that sense, unlike the first published version, the purpose of this draft is to expand the coverage of mobile public services and to improve the provision of services to users nationwide by promoting the sharing of active infrastructure of the telecommunications network.

The main amendments made to the Draft Rule with respect to the November 2020 draft are the following:

• The scope of application of the rule is reduced, so as not to consider passive infrastructure providers;
• Active infrastructure sharing is considered as a possible mechanism to meet expansion obligations; and,
• The chapters on the procedure for the adoption and amendment of the sharing agreement; on sharing in rural areas and in places of preferential social interest; on the procedure for the issuance of the sharing mandate; and on the actions of control, supervision and sanction, among others, were eliminated.

Interested parties may submit their comments to the Draft Regulation via the MTC Virtual Party Table with attention to the General Directorate of Communications Policy and Regulation, or via email to rfarromeque@mtc.gob.pe, until March 6, 2021.

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