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Peru’s legal framework for telecommunications dates
from 1991, and, although it has been amended to take account of the
current environment, legal barriers remain that impede convergence of
telecommunication networks and services. One such problem is licensing,
as the law establishes a regime that allows for multiple services,
with licenses currently being awarded for each service offered (fixed
telephony, mobile telephony, local carrier, national long distance
carrier, international long distance carrier, cable television,
trunking, PCS, etc.). This situation obliges operators to initiate
different procedures for each service, causing unnecessary delays that
impact the deployment of networks and new technologies, discouraging
competition and limiting entry by new operators.
To address this situation, the Ministry of
Transportation and Communications proposed a bill that would eliminate
such barriers by granting a single license to provide all public
telecommunication services, with prior notification of the Ministry.
That is, investors will no longer have to follow different procedures
for each service. The bill was passed by Congress as Law No. 28737 and
published in El Peruano on May 18, 2006.
The law provides for, inter alia:
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Automatic registration for value added services;
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Positive administrative silence in authorizing
own networks that do not utilize radio spectrum for value added
services; • Positive silence for independent operators, as provided
in the regulations;
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Mechanisms for deregulation by the Ministry of
services (e.g., fax) which, as there is competition and given the
market situation, need not be regulated;
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Criteria and deadlines for type approval of
telecommunication equipment.
The law enacted is in keeping with the
international trend anticipated in Australia, Japan, Spain, Venezuela,
India, and some European Union countries.
Sent by
Carlos A. Romero Sanjinés
Adviser in International Affairs
Viceminister of Communications
Ministry of Transport and Communications
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The single license: a
first step towards convergence 
