Regulation Summary: Supreme Decree No. 004-2025-MTC
This decree approves the Regulation of Legislative Decree No. 1627, which aims to promote and accelerate the deployment of public telecommunications services using 5G technology or higher in Peru.
Scope and Focus
The primary objective of this regulation is to establish a legal framework for the efficient assignment of radio spectrum for 5G services. The key element is the creation of a Special Assignment Mechanism, which allows for the direct allocation of spectrum to interested operators, bypassing the traditional public tender process under specific conditions.
The impact on device certification is indirect but significant:
- It accelerates the availability of 5G networks, creating a market for 5G-capable devices.
- It establishes the technical parameters for key 5G frequency bands, providing clarity to manufacturers on the specifications required for the Peruvian market.
- The assignment of spectrum is tied to Investment Commitment Obligations (COI) rather than upfront payments, which is intended to foster network build-out and infrastructure improvement, including in rural areas.
Permitted Radio Bands and Technical Specifications
While the regulation is designed to be applicable to various bands, the accompanying documentation highlights the following as principal targets for 5G deployment:
- 3.5 GHz Band (3300 – 3800 MHz): This is the primary mid-band identified for initial assignments under the new mechanism. The goal is to assign continuous blocks of spectrum of at least 80-100 MHz per operator, which is considered optimal for high-quality 5G services.
- 26 GHz Band: This millimeter-wave (mmWave) band is also identified as a key frequency range for future 5G capacity and high-speed applications.
A crucial technical update is the repeal of a previous spectrum cap, allowing for the larger bandwidth assignments necessary for 5G.
Exemptions and Restrictions
- Availability Condition: The Special Assignment Mechanism is only applicable if the total amount of spectrum requested by qualified companies is less than or equal to the available spectrum in a given band. If demand exceeds supply, the mechanism is terminated, and the spectrum must be assigned via a public tender process managed by PROINVERSIÓN.
- Spectrum Reconditioning (Acondicionamiento): The regulation includes a voluntary process for existing spectrum holders to reorganize their current, fragmented frequency assignments into continuous blocks. This can be done in parallel with the new assignment process to ensure more efficient spectrum use.
- Private 5G Networks: The regulation foresees that after the conclusion of a special assignment process, any remaining spectrum blocks may be made available for the use of private 5G networks, subject to future modifications of the National Frequency Allocation Plan (PNAF).
Conformity Assessment
This regulation does not define specific in-country testing or hardware certification procedures for end-user devices. Instead, it outlines the conformity assessment process for telecommunications operators wishing to acquire spectrum through the Special Assignment Mechanism. Operators must demonstrate compliance with a set of legal, technical, and economic-financial requirements, which include:
- Holding a valid concession for public telecommunications services.
- Proving operational and technical experience.
- Presenting financial guarantees to ensure the seriousness of their application and fulfillment of future obligations.
- Committing to Investment Commitment Obligations (COI) which are detailed in the concession contract.
Labeling Requirements
This regulation does not specify any labeling requirements for radio devices.
Regulatory Changes
This Supreme Decree introduces significant changes to the existing regulatory framework:
- Modifies: Articles 121, 122, 124, 125, and 203 of the "Single Unified Text of the General Regulation of the Telecommunications Law, approved by Supreme Decree No. 020-2007-MTC". These modifications align the general regulations with the introduction of the new Special Assignment Mechanism.
- Repeals: Supreme Decree No. 002-2006-MTC, which established a 50 MHz spectrum cap per operator in the 3400 – 3600 MHz band. Its repeal is essential to allow for the assignment of larger, continuous spectrum blocks required for optimal 5G performance.
