30 May 2019
The Peruvian government has published new regulations allowing spectrum licence holders to lease access to the frequencies to other licensed service providers. Supreme Decree No. 015-2019-MTC establishes the procedure, conditions and requirements for the leasing of spectrum, with the goal of promoting efficient spectrum use, increasing coverage and service quality and promoting competition. For the purposes of the spectrum holding limit, the rules specify that leased spectrum is considered as ‘held’ by the leasee and, as such, a provider cannot exceed the maximum threshold by leasing additional airwaves from a competitor. The lessor must also still continue to provide the same services, at the same or better quality levels, within its coverage area. Other terms set by the decree included the various obligations of the lessor and lessee, the duration and renewal terms for the lease, and the conditions under which the agreement may be terminated.