Sectoral health guidelines and protocols are adopted for the gradual resumption of telecommunications services
Supreme Decree No. 080-2020-PCM adopted the gradual and progressive resumption of economic activities in Peru and the continuation of those that have been operating exceptionally. The resumption shall be implemented in 4 phases, the first of which involves, among others, activities related to telecommunications.
Taking into account this legal framework, on May 7, Ministerial Resolution No. 260-2020-MTC/01 (“RM 260”) was published, which adopted, among others, the requirements and procedure for the resumption of telecommunication services.
Regarding the procedure, RM 260 establishes that the General Directorate of Programs and Projects in Communications of the Ministry of Transport and Communications (MTC) is responsible for evaluating which services may be resumed, in accordance with the targeting criteria adopted in the standard. This decision must be communicated to the operating companies. Once the communication is received, the operators submit their request for resumption, attaching the following documents:
(i) Location of the service;
(ii) Resumption Plan; and,
(iii) Health Protocol, among other statements related to compliance with regulations to prevent COVID-19.
The Health Protocols must comply with the minimum content of the following standards:
(i) The Guidelines for health surveillance of workers exposed to COVID-19, adopted by the Ministry of Health through Ministerial Resolution No. 239-2020-MINSA; and,
(ii) The Sectoral Health Protocol for the prevention of COVID-19 in telecommunications services approved by Annex I of Ministerial Resolution No. 258-2020-MTC/01. This protocol contains the specific measures to be followed by telecommunications service providers including: office activities; infrastructure maintenance; attention of faults; installation of services; and, the sale and distribution of services, among others.
Once the competent body of the MTC determines compliance with the requirements, it generates a username and password for the concessionaire to access the system specially enabled by the Ministry of Health for the emergency (SICOVID-19), and may register the documents. After registration, RM 260 foresees the start of the operational phase.
For more information, please contact María del Rosario Quiroga (rquiroga@estudiorodrigo.com) or Luis Fernando Roca (lroca@estudiorodrigo.com)
