Peru. The Ministry of Transport and Communications, MTC, published the draft Supreme Decree that modifies the method for evaluating compliance with the obligations of concessionaires of public telecommunications services. The proposal is available on its web portal to receive contributions and comments from citizens.
The initiative seeks to promote sustained good behavior among telecommunications operating companies, which, in turn, will result in greater access to and improvement of these services. That is, it will translate into greater benefits for citizens.
The draft Supreme Decree equates the types of renewal (total and partial) so that its evaluation is carried out for five years. According to the text, the analysis will serve to calculate the additional concession period that will be granted to each company, provided that it has been requested.
Among the main obligations of the concessionaires are the payment of an annual fee for commercial exploitation, payment to the Telecommunications Investment Fund, secrecy of telecommunications and data protection, responsibilities in case of emergency or crisis and fee for the use of the radio spectrum.
The proposed rule indicates that the breaches recorded in each year of the evaluation period will directly influence the reduction of the renewal period of the concession contract, that is, the penalty. Companies can apply for full (20 years) or gradual (5 years) renewal.
The new methodological proposal includes the power of the grantor (MTC) to renegotiate new terms and conditions with companies that exceed the maximum penalty allowed for the requested period (2 years for five years of gradual renewal; 8 years for two decades of total renewal), provided that they agree, through corresponding contractual instruments, greater obligations that generate exponentially improvements in indicators of quality of service, coverage with greater infrastructure and free service to state entities (for example with Telehealth, Teleducation, Citizen Security, Internet Care Centers), among other items.
In this way, the MTC works to guarantee transparency in the procedures for the renewal of concession contracts, promote investments, reduce the digital divide and generate greater benefits for the population in relation to greater access and better public telecommunications services.
Those interested will find the draft Supreme Decree by clicking here.
Likewise, you can send your contributions and comments to the draft Supreme Decree through the email [email protected]
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