ALERT – TELECOMMUNICATIONS
New General Regulation on the Quality of Public Telecommunications Services enters into force
On September 4, 2024, Resolution of the Board of Directors N° 00214-2024-CD/OSIPTEL was published in the Official Gazette “El Peruano”, approving the new General Regulation on Quality of Public Telecommunications Services (“New Regulation”), introducing new provisions and amendments to the previous regulation, approved by Resolution of the Board of Directors N° 123-2014-CD/OSIPTEL.
The New Regulation enters into force today, September 5, 2024, with the exception of the obligations and classifications related to the mandatory Network Quality and Availability indicators (see below), which will be applicable as of January 1, 2025.
The main provisions of the new regulation are detailed below:
- Scope of application: It will apply to operating companies that have a concession and/or value-added registration to provide public telecommunications services, with the exception of Mobile Virtual Network Operators (MVNOs).
- New classification of indicators: The following classification has been introduced:
- Mandatory indicators. These are mandatory for the operating companies, therefore, non-compliance with their objective values is typified as an infraction. The mandatory Network Quality indicators are the Minimum Speed Compliance (MVC) indicator and the Asymmetry indicator, while the Availability indicator is the Critical Event (CE) indicator.
- Informative indicators These are of a referential nature for the operating companies, and their non-compliance will not be subject to sanction or administrative measure. Thus, their measurement and publication will be carried out by Osiptel for information purposes only.
The informative Network Quality indicators are: (i) for the mobile telephony service: the Non Established Attempts Rate (TINE), the Drop Call Rate (TLLI) and the Voice Quality (VC); (ii) for the fixed Internet and mobile Internet access services: the Average Speed (VP), the Packet Loss Rate (PTR), the Latency (L) and the Latency Variation (LV): Average Speed (VP), Packet Loss Rate (PTR), Latency (L) and Latency Variation (VL); and (iii) for the text message service: Text Message Delivery Time (TEMT). The Availability indicators correspond to (i) Percentage of time without availability (% TSD) and (ii) Service availability (SD).
- Elimination of “improvement commitments”: No improvement commitments have been considered for any of the indicators. In the previous regulation, this mechanism allowed operating companies to develop actions to ensure compliance with the CV and TEMT indicators in order to avoid the imposition of a penalty.
- New auditing procedures: It has been established that within 120 calendar days, which will expire on January 2, 2025, OSIPTEL will approve new procedures for the auditing of quality indicators. Until then, the procedures approved in Resolution No. 192-2023-CD/OSIPTEL remain applicable.
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).
