On October 13, 2023, Resolution N° 00280-2023-CD/OSIPTEL was published in the Official Gazette “El Peruano” which approves for comments the “Normative Project for the revision of the complementary rules applicable to Mobile Virtual Network Operators” (the “Normative Project”) in order to amend Resolution N° 009-2016-CD/OSIPTEL on Mobile Virtual Network Operators (the “MVNOs”).
As of the amendment, the MVNO must choose, prior to its entry into the market, the level of investment that will define its category (Reseller or Full) according to the degree of independence it wishes to obtain from the Mobile Network Operator (the “MNO”), as well as the strategies it wishes to adopt to operate in the mobile market. The following two (2) new categories are established:
– MVNO Reseller: It is characterized by not having elements of the mobile network core segment (“CORE”), which will be provided by the MNO.
– Full MVNO: Distinguished by having its own core network, while the radio transmission service will be provided by the MNO.
It should be noted that, regardless of the MVNO’s decision, the condition of Reseller and Full is expressly declared by the Ministry of Transportation and Communications (MTC).
Likewise, the Draft Regulation foresees the approval of a Reference Offer for the Access of Mobile Virtual Network Operators (the “MVNO”), which will be optional for the MVNO and the MNO at the time of negotiation and subscription of an access contract. However, in the event that OSIPTEL’s intervention is necessary in the absence of an agreement, the regulator will take said ORMV as a reference when issuing an access mandate in order to expedite the issuance procedure and ensure its implementation.
The ORMV is composed of general, technical and economic conditions, where some of them will be distinguished according to the MVNO category, according to the following structure:
Annex Title Contents
1 General conditions: The general conditions contain thirteen (13) clauses referring to the object of the ORMV, plus applicable law, rights and obligations of the parties, term, information exchange regime, confidentiality, among others.
2 Technical conditions: The technical conditions contain thirteen (13) clauses and two (2) appendices referring to the description of the service, connection circuit, required capacities, traffic differentiation mechanisms, use of approved terminal equipment, among others.
3 Economic conditions: The economic conditions contain ten (10) numerals referring to implementation costs, access charges and their updating, settlement, suspension for lack of payment, guarantees, among others.
Source: Report N° 00167-DPRC/2023 supporting the Draft Standard.
Interested parties may submit their comments within thirty (30) calendar days from the day following the publication of this Resolution (until November 12, 2023), which must be submitted through OSIPTEL’s virtual desk.
For further information, please contact Maria del Rosario Quiroga (rquiroga@estudiorodrigo.com) and/or Andrea Morelli (amorelli@estudiorodrigo.com).
