Peru. With the aim of establishing a benefit program for regional and local governments that have been sanctioned or are in the process of receiving a fine for the improper use of the radio spectrum, the Presidency of the Council of Ministers approved a bill, prepared by the Ministry of Transport and Communications, MTC, which has been sent to the Congress of the Republic for debate.
The initiative proposes the forgiveness of debts and the shelving of pending sanctioning procedures, so that regional and local governments would be allowed to avoid paying fines for such activities. If there are available frequencies, these authorities may subsequently manage the respective authorization to provide the service to their community.
In the period 2018-2020, 41 fines have been imposed on different local governments, which is equivalent to a total of S/ 4.6 million. In addition, there are 255 local governments that have pending procedures for this same infringing conduct (66 with sanctioning procedures in process and 189 with inspection minutes under evaluation), which could lead to new fines of S / 28.9 million.
To date, the fines imposed on local governments have not been paid, because, for the most part, these entities are located in localities in the interior of the country that have a limited budget that is mainly intended to cover the development of their main activities.
"Municipal broadcasting services seek the well-being of their communities, but it must be carried out within the regulatory framework to avoid affecting the user. In recent years, fines of more than 30 million soles have been accumulated to municipalities whose resources are scarce. Therefore, we are proposing to facilitate that these governments regularize their situation, "said the Deputy Minister of Communications, Diego Carrillo.
The MTC identified that the largest number of fines are in the regions of Apurimac, Ancash, Ayacucho, Huánuco, Junín, Cajamarca, Arequipa, Tacna, La Libertad, Cusco, Puno, Moquegua and Pasco.
How to access the benefit?
If approved by the Congress of the Republic, the bill provides for a period of six months to apply for these benefits. To access, regional and local governments must submit an application to the General Directorate of Audits and Sanctions in Communications indicating that they have ceased the provision of the broadcasting service without authorization. The authority shall carry out an inspection to verify the cessation of the infringing conduct and, if positive, shall be exempt from the fine imposed or to be imposed.
