Peru. Due to the large number of concessions of public telecommunications services resolved as of right due to the non-payment of the fee and / or canon for two consecutive years, Supreme Decree No. 005-2017-MTC provides for the restitution of the validity of said concessions resolved and those that are in cause of resolution.
The conditions that must be met by the administered to be eligible for the restitution of the validity of their concessions are the following:
- Regularize their payments: Those administered have until April 11, 2017 to comply with regularizing the debts of rate and canon. That is, they must not maintain any debt for any reason with the Ministry of Transport and Communications (MTC).
- Submit the welcome within 40 days of the issuance of the Supreme Decree: The administered have until April 27, 2017 to benefit from the benefits of Supreme Decree No. 005-2017-MTC, by submitting a simple letter.
- If the resolution has been issued declaring the concession contract terminated as of right: It must be analyzed that the deadline to challenge said resolution has not been exhausted, either through administrative, judicial or arbitral headquarters. If administrative, judicial or arbitral decisions were challenged, it must be verified that they are not final or consented to. In these circumstances, after compliance with the other requirements by the MTC, the administered must submit a letter of withdrawal to the processes initiated, as specified in Supreme Decree No. 005-2017-MTC.
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