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Peru

5G regulation and law in Peru

Table of contents
  1. What is the state of 5G deployment in your country?
  2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 
  3. Has 5G been launched for industrial purposes? For which sectors?
  4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?
  5. What public tenders have awarded spectrum licences? 
    1. What were the criteria for awarding each of the tenders?
    2. What are the conditions of the spectrum licence? 
    3. What is the price and how is it calculated?
  6. Is there a long-term spectrum plan or announcements for future tenders? 
  7. If 5G specific rules are drafted, what do they say?
  8. What focused 5G network or spectrum sharing regulation exists?
  9. Are 5G network sharing or spectrum sharing agreements in place? 
  10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?
  11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?
  12.  What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?
Peru
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1. What is the state of 5G deployment in your country?

5G is developing. Companies are providing 5G NSA until the spectrum re-farming is completed. At the moment, 3.5 MHz spectrum re-farming is on hold. 

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

5G services are provided to customers at similar prices to 4G because 5G NSA is only available in certain areas. Telecom operators are allowed to use existing frequencies on the AWS, 2.5 GHz and 3.5 GHz bands. 

3. Has 5G been launched for industrial purposes? For which sectors?

No. 5G for industrial purposes has not been launched.

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

Spectrum re-farming. Peru has already allocated 680 MHz of spectrum to telecom operators and is re-farming spectrum to ensure that a wide range of operators can offer 5G. At the moment, the Supreme Decree N° 016-2018-MTC approves the Specific Regulation for the Rearrangement of a frequency band and can authorise companies wishing to offer private services in areas such as stadiums, airports, and special premises.

5. What public tenders have awarded spectrum licences? 

5G spectrum licences have not been awarded yet. However, in January 2023 the bidding process for 4G bands was reactivated through the “Proposal for assignment of frequency bands 3.5 GHz, and 26 GHz and Identification of the 6 GHz frequency band for the development of 5G services and digital technologies”. This determines that the Ministry of Transport and Communications will auction the 3.5 GHz and 26 GHz bands separately. Operators that bid on the latter will gain a special bonus if they participated in the 3.5 GHz process.

Winners must be able to offer:

  1. Fixed and mobile internet coverage in populous areas, using the allocated frequency bands. 
  2. A certain number of 5G stations nationwide. 
  3. Highway coverage. 
  4. Coverage using 4G or higher.
  5. Fibre optic connections.
  6. Base stations in urban or more densely populated areas.
  7. Offers at special rates in rural areas. 
  8. Public WiFi access points.
  9. Connectivity for state institutions. 
  10. National Roaming. 
  11. OSS in real time.
  12. Connectivity in border areas.
  13. 911 systems with geolocation.
  14. Connectivity systems for telemedicine projects, tele-education

The price is calculated based on how operators bid in the auctions.

5.1 What were the criteria for awarding each of the tenders?

 

5.2 What are the conditions of the spectrum licence? 

 

5.3 What is the price and how is it calculated?

 

6. Is there a long-term spectrum plan or announcements for future tenders? 

Yes. The Ministry of Communications and Transport approved the Spectrum Refarming Proposal using Directorial Resolution N° 464-2019-MTC/27, It passed National Frequency Allocation Plan using Ministerial Resolution N° 187-2015-MTC/03. 

7. If 5G specific rules are drafted, what do they say?

5G specific rules have not been drafted yet.

8. What focused 5G network or spectrum sharing regulation exists?

5G deployment is on hold. First, the spectrum must be re-farmed, before establishing concessions and the relevant obligations.

9. Are 5G network sharing or spectrum sharing agreements in place? 

At the moment, there is no 5G network spectrum sharing regulation. 

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

No. 

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There are no specific rules for granting access to competitors. 

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There have so far been no comments or regulation about a specific 5G network cyber-security regulation. Nor have there been comments or regulations restricting access to Chinese technology. 

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Portrait ofRamon Huapaya
Ramón Huapaya
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