Telecommunications Alert – March 2023

Regulation that establishes provisions for the provision of the National Roaming service

On Thursday, March 9, 2023, Supreme Decree Nº 002-2023-MTC was published in the Official Gazette «El Peruano», which approves the Regulation that establishes provisions for the provision of the National Roaming service. Its purpose is to allow the continuity of the public mobile service nationwide, with special interest in the population centers of smaller population.

The regulation is applicable to all operators of public mobile services that have an allocation of radio electric spectrum, when the population center in which the National Roaming service is provided meets the following conditions:

1. To have the provision of the mobile public service of the Operator of the visited network1, through its own network or through an OIMR2, whose network has been deployed with an antiquity of three (3) years, counted from the year following the beginning of its operations.

2. With a maximum population of 1,000 inhabitants, and where the operator of the network of origin3 does not provide public mobile service.

There are 2 modes under which the National Roaming service is provided:

1. National Roaming Agreement: Between the Operator of the visited network and the Operator of the home network, in relation to one or more population centers.

2. National Roaming Mandate: In charge of Osiptel, when access is mandatory and no agreement is reached between the Operators.

This regulation includes the application to National Roaming of the principles of free access, welfare of society (continuity in the provision of the service) and equality and non-discrimination. It also establishes obligations and rights of the operator of the visited network and the operator of the network of origin.

Chapter III of the rule regulates the procedure, minimum content and grounds for termination of the National Roaming Agreement and Mandate, as well as the inclusion of a clause for the adaptation of more favorable conditions and the creation of the National Roaming Registry.

Finally, Chapter IV regulates the control, supervision and sanction in charge of the MTC and OSIPTEL.

1. The dealer providing the National Roaming service.

2. A rural mobile infrastructure operator.

3. The dealer requesting the National Roaming service.

For further information, please contact Maria del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com).