telecomunicaciones omv reglas 1

Framework and legal obligations for a Mobile Virtual Operator in Peru

Access of Virtual Mobile Operators to the Networks if Networked Mobile Operators

  • Article 6. Access and interconnectionMobile network operators are obliged to provide access and interconnection of their networks to virtual mobile operators that request it in exchange for a consideration. The agreements signed between the parties are approved by the Supervisory Agency for Private Investment in Telecommunications. (OSIPTEL)
  • Article 7. Access and interconnection conditions

7.1 The access and interconnection to the networks of the mobile operator with network, as well as the services for retail marketing, are provided uninterruptedly and for the time required by the virtual mobile operator, unless the exceptions established by the regulations of this law.

7.2 Mobile network operators must differentiate traffic that is sent to virtual mobile operators and to their own networks, through numbering or other mechanisms.
7.3 Mobile network operators must offer virtual mobile operators the wholesale services that they provide, under conditions that are not less favorable or discriminatory, in a way that they are allowed to replicate the retail offers of the former.

7.4 Mobile network operators must foresee the necessary capacity to serve their users and the users of the virtual mobile operator, when designing and deploying their network infrastructure.

  • Article 8. Agreements between mobile network operators and virtual mobile operators

OSIPTEL: Supervisory Agency for Private Investment in Telecommunications

The agreements between the mobile network operators and the virtual mobile operators include commitments and obligations related to access, interconnection and operation within the networks, which enables the virtual mobile operator to provide mobile public services and must be submitted to the Supervisory Agency for Private Investment in Telecommunications (OSIPTEL) for purposes of its evaluation and pronouncement. The previously mentioned agreements between network mobile operators and virtual mobile operators refer only to the provision of wholesale services for their commercialization at retail level.

The conditions for entering agreements between network mobile operators and virtual mobile operators are as follows:

8.1 The agreements signed by virtual mobile operators with mobile network operators must be based on the principles of neutrality, non-discrimination, equality of access, and free and fair competition. Its execution must be carried out under the terms and conditions negotiated in good faith between the parties.

8.2 The negotiation period to establish the terms and conditions of the agreement may not exceed sixty calendar days, counted from the date on which the virtual mobile operator requests the mobile operator for access and interconnection and the corresponding marketing services.

8.3 In the absence of agreement between the parties on the technical and economic conditions, OSIPTEL, by means of an access and interconnection mandate, indicates the terms of the agreement, which are binding on the parties involved. When the agreement includes only the commercialization of the services of mobile network operators, OSPITEL determines the technical and economic conditions of the respective agreement. Economic conditions are considered to save the costs of the mobile operators with a network, in retail marketing, and interconnection charges are taken into account, for time of use, capacity, or other form of payment, such that it allows the virtual mobile operator to replicate the offer commercial network mobile operator.

8.4 In order to speed up the access and interconnection relationship in the event of a lack of agreement between the parties, OSIPTEL may provide an access mandate within a period of no more than sixty calendar days with temporary interconnection.

  • Article 9. Customer service and quality

Virtual mobile operators are responsible for attending the claims and remarks of their users and providing the mobile public service that meet the indicators of quality of service for users established by OSIPTEL.

Mobile network operators are responsible for complying with the network quality indicators established by OSIPTEL. In solving claims submitted by virtual mobile operators, mobile network operators must observe the principles of neutrality, non-discrimination, equal access, free and fair competition, among others.

  • Article 10. Obligatory nature of access and network facilities

The mobile operators with a network indicated in Article 3 are obliged to use the network facilities of the rural mobile infrastructure operator that requests it, in those rural areas and places of preferential social interest where they do not have their own network infrastructure. To this end, the corresponding agreements are signed, which are then approved by Osiptel.

The obligation established in the preceding paragraph is maintained until the mobile operator with the respective network operates its own infrastructure in the rural area and place of preferential social interest where it has been using network facilities of the operator of rural mobile infrastructure, in accordance with the regulations of this law.

  • Article 11. Agreements between mobile network operators and rural mobile infrastructure operators

Agreements between mobile network operators and rural mobile infrastructure operators include obligations related to the following:

11.1 The temporary and uninterrupted use of the radio electric spectrum un favor of the operator of rural mobile infrastructure and for the period requested by the latter.

11.2 The commitment of the rural mobile infrastructure operator to provide network facilities uninterruptedly and for the period of time agreed with the mobile network operator.

11.3 The commitment of the mobile network operator to pay the rural mobile infrastructure operator a differentiated charge for the origin and termination of communications.

  • Article 12. Signing of agreements

The agreements signed by mobile network operators and rural mobile infrastructure operators:

12.1 The agreements are based on the principles of neutrality, nondiscrimination, equal access, and free and fair competition. Its execution must be carried out under the terms and conditions negotiated in good faith between the parties.

12.2 They are presented to OSIPTEL for the purposes of its evaluation and pronouncement.

In the absence of agreement between the parties on the technical and economic conditions, OSIPTEL, through a mandate to provide network facilities, indicates the terms of the agreement, which are binding on the parties involved.

12.3 The negotiation period to establish said agreements may not exceed sixty calendar days, counted from the date on which the rural mobile infrastructure operator offers the network mobile operator the provision of corresponding network facilities, or from the date on which the latter requires the aforementioned facilities from the former.

12.4 In order to speed up the relationship of provision of network facilities in rural areas and places of preferential social interest in case of lack of agreement between the parties, OSIPTEL may provide within a period of no more than sixty calendar days a temporary mandate for the provision of the aforementioned facilities.

  • Article 13. Customer service and quality

Mobile network operators are responsible for addressing the claims of their users and providing the mobile public service in accordance with quality indicators of user care established by OSIPTEL, even if they had used the network facilities provided by rural mobile infrastructure operators. These operators are responsible for providing network facilities, complying with the network quality indicators established by OSIPTEL. If the network facilities provided by rural mobile infrastructure operators are provided with a quality that does not allow mobile network operators to serve their users with the minimum quality requirements to which they are subject, the corresponding administrative responsibility is assumed by rural mobile infrastructure operators.

CHAPTER V

REGIME OF OFFENSES AND PENALTIES

  • Article 14. Administrative offenses

The Ministry of Transport and Communications exercises sanctioning power with respect to the behaviors classified as administrative offenses in this Law, respecting the guarantees provided in the Political Constitution of Peru and other instruments.

The following are considered very serious offenses:

  1. The operation of a mobile virtual operator or as a rural mobile infrastructure operator without the corresponding concession.
  2. Unauthorized access to the networks of mobile network operators without the corresponding agreements.
  3. The use of the radio electric spectrum assigned to mobile operators with a network, in places where they have their own network infrastructure or without the corresponding agreements.

The following are serious offenses:

  • Refusal to provide or providing incomplete information requested by the Ministry of Transport and Communications.
  • Failure to comply with the payment of the economic obligations provided for in this Law. The criteria for determining the infraction and the graduation of the fines are contemplated in the regulations of this Law.

Article 15. Sanctions
The administrative sanctions for non-compliance with the Law are the following:
a.) Fine
b.) Suspension of the right to access the networks of mobile network operators.
c.) Forfeiture of assets
d.) Suspension of the right to provide facilities of network in new rural areas or places considered of preferential social interest.

  • Article 16. Sanctioning power of OSIPTEL

In the case of infractions and sanctions related to compliance with the regulatory framework applicable to mobile network and virtual operators, OSIPTEL exercises sanctioning power, as provided in its special regulations.

Single Final Supplementary provision

Regulation

The Executive Power regulates this Law within a maximum period of sixty calendar days, counted from its publication.

Transitional Supplementary Provisions

First: Complementary regulatory framework

OSIPTEL prepares the complementary regulatory framework applicable to virtual mobile operators and rural infrastructure operators, in the aspects of its competence indicated in this Law, within a period that does not exceed sixty calendar days, counted from the entry into force of the regulations of this rule.

Second: Supplementary application

The obligations assumed by the awardees of public spectrum allocation tenders, referring to providing access to virtual mobile operators, continue to be governed by the terms provided in the respective bases and linked documents, the provisions of this Law and its regulations being of supplementary application.

Third: Passive infrastructure providers

The provisions of Law 29022, Law for the Expansion of Telecommunications Infrastructure; Law 29904, Law for the Promotion of Broadband and Construction of the National Fiber Optic Backbone Network; and Legislative Decree 1014, which establishes Measures to Promote Investment in Public Services and Public Infrastructure Works, are also applicable to those natural or legal persons that provide passive infrastructure to operators that provide mobile public services.

Said infrastructure providers must register in the registry set up by the Ministry of Transport and Communications for this purpose, subject to the automatic approval procedure.

The Ministry of Transport and Communications is empowered to charge the processing fee for registration in the registry.

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