Peru. With the aim of simplifying the procedures of the procedures linked to broadcasting services and promoting the formalization of broadcasting companies in the country, the Ministry of Transport and Communications, MTC, has promoted the issuance of Supreme Decree No. 008-2016-MTC that modifies the Regulations of the Radio and Television Law, within the framework of the provisions of Law No. 30216.
Now the trial and installation period can be extended for six more months, for which the approval will be automatic with the mere presentation of the application, speeding up the process significantly.
Likewise, the necessary legal framework is provided so that the process of renewal of authorizations when an express request is not submitted is quickly attended by the MTC since it is provided that the MTC, ex officio, must only verify that the broadcaster continues to operate.
This procedure will facilitate the renewal of authorizations and generate greater legal certainty, given that it only evaluates the operability of the service provided, unlike the previous Regulation that evaluated the operability of the service and the fulfillment of economic obligations at a certain date, which generated processes of longer duration and even the risk of denying renewal for derived debts, for example, fines for infringements, a situation contrary to best practice.
Likewise, it is provided that if during the technical inspection to be carried out after the installation and testing period non-compliances are found, the MTC will now give a period of 30 days to correct them, giving the opportunity for corrections of the case and thus reduce processes of extinction of authorizations that generate greater bureaucratic burden.
Economic benefits are also promoted for broadcasters who provide services in localities classified as rural areas or places of preferential social interest through the elimination of the payment of the processing fee in their procedures and the reduction of the amount of payment for authorization right, reducing the economic barriers to entry to encourage broadcasting activity in these localities.
Finally, with the aim of providing greater legal certainty to those administered in the processes of transfers of authorizations, it is established that the transfer agreement and the withdrawal of the same are presented with the legalized signatures of both the holder of the authorization and the acquirer, to avoid situations of fraud to the detriment of the broadcasters.
