Peru. The Ministry of Transport and Communications (MTC) published the Ministerial Resolution that proposes to approve the Standard of Goals for the Use of radio spectrum applicable to Public Telecommunications Services, except for the carrier service provided through point-to-point links and for satellite services.
Considering the current situation in which there is a need to improve coverage and communications services (voice and data), mainly in rural areas and of preferential social interest, the ERM is adopting measures to ensure that companies effectively use frequencies (natural and scarce resources owned by the State), which translates into a greater deployment of infrastructure and improvement of the quality of services by companies Operators.
It should be noted that since 2002, the targets for the use of frequencies had not been updated, which does not correspond to the evolution of a highly technological market or to the practices adopted at the international level; In this sense, the standard establishes a methodology for calculating the goals of use of the radio spectrum in order to determine if the concessionaire companies are making inefficient use of this resource, in order to develop the Communications sector and benefit the population.
This calculation methodology consists of 4 indicators. The results of each of the indicators are compared with parameters that the ERM establishes (as a reference value that each trader must meet for each indicator).
If the result of an indicator is 0 or the result of two indicators is less than the parameters determined for those indicators for one year, the operator will find itself in a case of inefficient use of spectrum and the ERM may initiate a reversal procedure.
Additionally, it provides:
The obligation to submit information for the application of the methodology for calculating the goals of use of the radio spectrum, to those operating companies to which spectrum is assigned after the entry into force of the Standard.
The presentation of information to determine the threshold parameters that will be used for comparison with the results of the indicators for operating companies that have spectrum assignments prior to the entry into force of the Standard.
Finally, in order to ensure the legal certainty of spectrum allocations prior to the entry into force of the Standard, it is established that its application is for those spectrum allocations for public telecommunications services (except carrier service through point-to-point radio links and satellite services) after its entry into force. Previous assignments and excluded services continue to be governed by Ministerial Resolution No. 087-2002-MTC, or by what is established in the concession contracts, if applicable.
