Telecommunications Alert – September 2019

Publication approval of bill amending Consolidated Text of Regulation on Number Porting and Consolidated Text of Conditions of Use of Public Telecommunications Services

On September 9, 2019, Resolution No. 112-2019-CD/OSIPTEL was published on Official Gazette “El Peruano” whereby the Regulation Bill amending the Consolidated Text (TUO) of Regulation on Number Porting for Public Mobile Service and Landline Telephone Service (the “TUO of Number Porting”) and the Consolidated Text (TUO) of Conditions of Use of Public Telecommunications Services the “TUO of Conditions of Use”) are opened to comments.

The Resolution sets forth thirty (30) calendar days from its publication for enabling interested parties to present their comments regarding the regulatory bill.

Below, main aspects of the regulatory bill are shown as follows:

• The regulation intends to modify the TUO of Number Porting and the TUO of Conditions of Use in order to include validation mechanisms in the procedures of: (i) number porting; and (ii) assignment of rights, in terms of public mobile services.
• Regarding number porting, the proposed mechanism entails that the Receptor Concessionaire shall send an SMS to the telephone number the subscriber wants to have, as per form indicated in the regulatory bill, providing a certain “Validation Code”. This code shall be delivered to the Receptor Concessionaire’s personnel by the subscriber as a confirmation sign of express consent to have said telephone number. Receptor Concessionaire’s personnel will input the code into the company’s system and, upon pertinent validation, they will continue with the number porting process.
• It should be mentioned that the “Validation Code” will be available during ninety (90) seconds from its delivery, afterwards it will not be in force so the Receptor Concessionaire shall create a new code to continue the process forward. Moreover, the regulatory bill sets forth that the Receptor Concessionaire shall send the SMS to the subscriber within twenty (20) seconds.
• The Receptor Concessionaire who processes a number porting request without having met the aforementioned procedure will commit serious
• On the other hand, regarding the assignment of rights, the proposed mechanism is similar to such described previously. The operator company shall obtain the assignment of rights confirmation by the subscriber, so it will send an SMS to the telephone number referred in the assignment. This SMS shall include a “Validation Code” that must be delivered to the operator company’s personnel by the subscriber. Likewise, the company’s personnel shall validate the code in order to continue the assignment process forward. It should be mentioned that, as same as the number porting process, the code shall be available during ninety (90) seconds being not in force afterwards.

For further details, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Luis Fernando Roca (lroca@estudiorodrigo.com) and/or Diego Morales (dmorales@estudiorodrigo.com).