Indecopi declares MML's S/253 charges for telecom works illegal

Peru's National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) has ruled against the Metropolitan Municipality of Lima (MML), declaring illegal two specific demands related to telecommunications projects. The ruling, issued by Indecopi's Specialized Bureau for the Elimination of Bureaucratic Barriers, confirms that the MML could not impose a S/253.20 fee for processing certificates nor demand proof of payment as a prerequisite for managing a Certificate of Work Conformity.

These contested bureaucratic hurdles were part of the MML's Uniform Text of Administrative Procedures (TUPA), approved by Ordinance N.° 1874-MML, and further detailed in Ordinance N.° 2612-MML. Indecopi clarified that the specific regulations governing telecommunications infrastructure, such as Law N.° 31456 and Law N.° 29022, do not mandate these additional certificates or fees. The implementing decree for Law N.° 29022, Supreme Decree N.° 003-2015-MTC, only requires companies to report the completion of works within ten business days of execution.

Indecopi emphasized that municipalities retain their authority to supervise and inspect telecommunications projects. However, this oversight does not extend to imposing charges or requirements not explicitly outlined in the current sectoral legislation. The resolution specifically targets infrastructure for public telecommunications services within Lima's historic center, aiming to prevent administrative restrictions that could hinder the development of connectivity and telecommunications services.