Rodrigo, Elias & Medrano Abogados
  August 2, 2021 - Peru

ADOPTION OF SEVERAL RULES FOR MOBILE PHONE CALLS AND INTERNET SERVICE PROVISION

On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL.

On the first point, Resolution Nº 135-2021-CD-OSIPTEL repealed the Tariff System for Local Calls from Fixed Subscriber Telephones to Mobile Telephony Networks, adopted by Resolution Nº 044-2011-CD-OSIPTEL, as well as provisions related to its operation. It also incorporated into OSIPTEL’s General Tariff Regulation the criteria applicable to the setting of tariffs for mobile networks, including details on rounding, billing and collection.

Finally, Resolution Nº 135-2021-CD-OSIPTEL introduced in the Interconnection Rules the obligation for carrier companies, within the framework of a fixed-mobile interconnection relationship, to provide local switched transport services to third party operators to terminate traffic in the networks of mobile public services, through interconnection links already installed.

With regard to the quality standards applicable to internet service, Resolution Nº 138-2021-CD-OSIPTEL amended the OSIPTEL’s General Quality Regulation so that the minimum speed applicable to broadband internet services is 70% of the contracted upload and download speed. This minimum speed is higher than the general applicable speed, which is 40%, and is consistent with the provisions of Law Nº 31207 of May of this year, which raised the standard for such operators.

The regulation also set the ratio of maximum contracted internet upload and download speeds at 1:3, and ordered the operating companies to adapt their service conditions to these terms by December 3, 2022.

Finally, Resolution Nº 137-2021-CD-OSIPTEL adopted the Technical Standard to implement the Automated Measurement System for OSIPTEL to verify internet access provided by operators. The regulation obliges the providers of such services to enable in their networks the technical standards that allow remote measurements to be carried out without the user’s intervention from the Internet access equipment they sell (CPE). They must also install in their CPE the measurement tools provided by OSIPTEL, and submit to the regulator the register of fixed and mobile internet service subscribers, among others.

For further information, please contact María del Rosario Quiroga ([email protected]), Andrea Morelli ([email protected]) or Luis Fernando Roca ([email protected]).




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