ALERT – TELECOMMUNICATIONS
Creation of the Multisectorial Working Group for the drafting of the New Telecommunications Law
On August 29, 2024, Ministerial Resolution No. 478-2024-MTC/01.03 was published in the Official Gazette “El Peruano”, which provides for the creation of a Multisectorial Working Group, of a temporary nature and under the Ministry of Transport and Communications (MTC), whose purpose is the evaluation and/or analysis of measures, actions and/or provisions for the preparation of the proposal of a new Telecommunications Law.
The above is in response to the fact that the current Telecommunications Law, approved by Legislative Decree No. 702 and whose Sole Ordered Text is approved by Supreme Decree No. 013-93-TCC, despite its various amendments, does not fully reflect the progress of the industry and technological development in the field of telecommunications.
The main provisions governing the Working Group are detailed below:
- Composition: it will be made up of representatives from various areas of the MTC (Vice-Ministerial Office of Communications; the General Directorate of Communications Policies and Regulation; the General Directorate of Communications Programs and Projects; the General Directorate of Telecommunications Authorizations; and the General Directorate of Communications Audits and Sanctions), as well as PRONATEL and OSIPTEL.
It should be noted that the Multisectorial Working Group has been allowed to request collaboration, advice, support, opinion and/or technical contribution from public and/or private entities at the national and international level.
- Duties: It will be responsible for (i) evaluating the current regulations to diagnose its current situation; (ii) analyzing the case studies and legislation of other countries; (iii) proposing actions for the elaboration of the proposal of a new law; (iv) elaborating the proposal of a new law; and (v) others that may be necessary for the fulfillment of its object.
- Installation and term: It shall be installed within a maximum term of fifteen (15) working days from the publication of the Ministerial Resolution, which ends on September 20. The Working Group shall have a duration of twelve (12) months, extendable for the same period.
- Products: In addition to the Working Group must submit a semi-annual report with its progress to the Minister of the MTC, at the end of its term, it must submit a final report containing the proposal for a new Telecommunications Law.
For further information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com), Andrea Morelli (amorelli@estudiorodrigo.com), Luis Fernando Roca (lroca@estudiorodrigo.com) and/or Adriana Chavez (achavez@estudiorodrigo.com).
