RESTRICTED
WORLD TRADE S/NGBT/W/12/Add.25/Rev.1
30April 1996
ORGANIZATION(96-1786)
Original: Spanish Negotiating Group onBasic Telecommunications
COMMUNICATION FROM PERU
Conditional Offer onBasic Telecommunications
Revision
Thefollowing communication iscirculated attherequest ofPeru tomembers oftheNegotiating
Group onBasic Telecommunications.
_______________
Peru reserves theright tomodify orwithdraw partly orintheir entirety thecommitments made
inthisoffer depending, inter alia,onthenumber ofoffers submitted bytheother parties, theextent
towhich such offers areequivalent andmutually acceptable, andthescope andimportance ofthe
most-favoured-nation (MFN) exemptions requested byother parties inaccordance with theAnnex on
Article IIExemptions, aswellasonasatisfactory outcome asregards additional commitments resulting
from thetelecommunications negotiations.PERU -DRAFT CONDITIONAL OFFERS/NGBT/W12/Add.25/Rev.1
Page 2
Modes ofsupply: (1)Cross-border supply (2)Consumption abroad (3)Commercial presence (4)Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
2.TELECOMMUNICATIONS
SERVICES
C.Telecommunications services
(a)Telephone services (1)Fixed telephone services willbe
under aregime ofexclusivity for
theperiod until June 1999.(1)None Seeattached sheet
Thesupply oftelephone services
based onmaking callattempts
within thecountry inorder to
obtain acall-back with adialtone
from networks stemming from a
basic telecommunications network
located outside thenational
territory isnotpermitted.
Interconnection among private
services isprohibited.
(2)None, except thatthesupply of
telephone services based on
making callattempts within the
country inorder toobtain acall-
back with adialtone from
networks stemming from abasic
telecommunications network
located outside thenational
territory isnotpermitted.(2)NoneModes ofsupply: (1)Cross-border supply (2)Consumption abroad (3)Commercial presence (4)Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitmentsS/NGBT/W12/Add.25/Rev.1
Page 3(3)Fixed telephone services willbe
under aregime ofexclusivity for
theperiod until June 1999.(3)None
Thenumber ofconcessionaires of
aparticular service may be
restricted.
Insuch cases, concessions must
begranted through public
invitation totender.
Interconnection among private
services isprohibited.
(4)None, except asindicated under
horizontal commitments(4)Unbound, except asindicated inthe
horizontal section inthefourth column
(b)Packet-switched data transmission
services(1)None forthesupply oftheservice
inlocal concession areas.(1)None Seeattached sheet
(c)Circuit-switched data transmission
services
(d)Telex servicesSupply oftheservice fornational
andinternational long-distance
communications must usethe
carrier services granted in
exclusivity until June 1999
inclusive.Modes ofsupply: (1)Cross-border supply (2)Consumption abroad (3)Commercial presence (4)Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
(e)Telegraph servicesS/NGBT/W12/Add.25/Rev.1
Page 4
(f)Facsimile services
(g)Private leased circuit services
(h)Other
-Analogue/digital mobile/
cellular services
-Personal communication
services
-Paging services
-Mobile data services
-Trunking servicesTheservice ofleased long-
distance private circuits is
considered aform ofoperation of
carrier services.
Until June 1999 persons who
establish orwho have established
aprivate service arenot
authorized: (i)touselines or
circuits forthesupply of
telecommunications services
including signal transport andthe
resale ofcapacity tothird
persons; or(ii)tointerconnect
such leased lines orcircuits tothe
public telecommunications
network.
Interconnection among private
services isprohibited.
(2)None (2)None
(3)None fortheprovision ofthe
service inlocal concession areas.(3)None
Theprovision oftheservice for
national andinternational long-
distance communications must use
thecarrier services granted in
exclusivity until June 1999.Modes ofsupply: (1)Cross-border supply (2)Consumption abroad (3)Commercial presence (4)Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitmentsS/NGBT/W12/Add.25/Rev.1
Page 5Thenumber ofconcessionaires of
aparticular service may be
limited.
Insuch cases, concessions must
begranted through public
invitation totender.
Until June 1999, persons who
establish orhave established a
private service arenotauthorized
to:(i)uselines orcircuits forthe
supply oftelecommunications
services including signal
transmission ortheresale of
capacity tothird persons; or
(ii)tointerconnect such leased
lines orcircuits tothepublic
telecommunications network.
Interconnection among private
services isprohibited.
(4)None, except asindicated inthe
horizontal section(4)Unbound, except asindicated inthe
horizontal sectionS/NGBT/W/12/Add.25/Rev.1
Page 6
ADDITIONAL COMMITMENTS OFPERU
Definitions
Users. Natural orjuridical persons who have access, temporarily orpermanently, tosome public or
private telecommunications service.
Interconnection. Themaking ofaconnection between twoormore pieces oftelecommunications
equipment and/or networks belonging tothesame ordifferent natural orjuridical persons.
Principle ofnon-discrimination. Access totheutilization andprovision oftelecommunications services
issubject totheprinciple ofnon-discrimination. Accordingly, subject toavailability, theenterprises
supplying such services maynotrefuse toprovide aservice toanynatural orjuridical person whofulfils
theconditions established forthesaidservice.
Principle ofneutrality. Under theprinciple ofneutrality, thesupplier ofatelecommunications service
who supports other services orhasadominant position inthemarket may notexploit such situations
inorder simultaneously toprovide other telecommunications services onmore favourable terms, to
thedetriment ofhiscompetitors, byemploying practices which restrict freeandfaircompetition, such
aslimiting access tointerconnection orinfluencing thequality oftheservice.
Additional commitments
Peru ismaking thefollowing commitments with respect totheprinciples ofcompetition,
interconnection, universal service, market access (concessions, authorizations, permits orlicences),
nature ofthemarket-regulating body, andallocation anduseofscarce resources.
1. Principles offreeandfaircompetition
1.1 Prevention ofanti-competitive practices intelecommunications
Peru prohibits business practices which restrain freeandfaircompetition, thatisagreements,
parallel actions orconcerted practices which have orcould have theeffect ofrestraining, impeding
ordistorting competition.
Intheir business relations suppliers ofpublic telecommunications services areprohibited from
imposing different conditions forequivalent services andthereby placing certain competitors ata
disadvantage.
Toestablish theexistence ofanactofunfair competition itwillnotbenecessary toprove actual
injury orfraudulent behaviour. Potential orunlawful prejudice tothecompetitor intherelevant market,
toconsumers ortopublic order willsuffice.
1.2 Safeguards
(a) Under theprinciple ofneutrality, enterprises simultaneously providing twoormore
telecommunications services areobliged tomaintain separate accounts foreachactivity.
From 1998, itwillbepossible torequire theadoption ofabookkeeping system. If
thebookkeeping system isunable tomeet theobjective ofneutrality, theregulatory
body forthetelecommunications market willbeable, ifitconsiders itnecessary and
appropriate,tohavetheconcession-holdingenterprisesupplycertaintelecommunications
services through oneormore separate divisions, branches orsubsidiaries.S/NGBT/W/12/Add.25/Rev.1
Page 7
(b) Thesuppliers ofpublic telecommunications services willbeprohibited from arranging
cross-subsidies between thevarious services they provide.
(c) Thetariffs, terms, conditions andtechnical standards inaccordance with which the
supplier provides services involving theuseofthepublic telephone network orother
carrier services fortheprovision ofhisown end-services, distribution services or
value-added services willbethesame asorequivalent tothose offered toother unrelated
suppliers ofpublic telecommunications services.
(d) Insofarasitistechnically feasible, theuser will have theright tochoose the
telecommunications service operator heconsiders most suitable. Enterprises which
provide telecommunications services willrefrain from engaging inpractices which
restrict ordistort theright oftheuser toexercise freechoice.
(e) The pre-publication ofRegulations governing the relationships between
telecommunications market operators isacondition oftheir validity.
2. Interconnection
2.1 Interconnection willbecompulsory andinthepublic interest.
2.2 Interconnection tobeguaranteed
The suppliers ofpublic telecommunications services will beobliged touseopen-network
architecture designs oriented towards theestablishment ofanintegrated digital network ofservices and
systems thatfacilitates interconnection. Interconnection willbeprovided onthefollowing terms:
(a) Under technical andeconomic conditions ofnon-discrimination andofaquality no
lessfavourable than thatprovided forsimilar services offered totheoperator himself
orthrough subsidiaries, agencies orbranches ofthesaidoperator;
(b) inatimely manner, ontransparent andreasonable terms, atcost-oriented prices and
inaform sufficiently disassembled thattheenterprise requesting theinterconnection
does nothave topayforcomponents orfacilities itdoes notneed foritsservices; and
(c) onrequest,atpointsadditionaltothenetworkterminatingpointsofferedtousers,subject
tocharges which reflect thecostofconstructing thenecessary additional facilities.
2.3 Public availability ofinterconnection negotiation procedures
Theinterconnection regulations willbepublished andwillbeavailable tothepublic.
2.4 Interconnection: dispute settlement
Anydisagreementovertheinterconnectioncontractorrelatingtothatcontractoritsinterpretation
willbesettled bytheservice suppliers with thecognizance oftheregulatory body.
Iftheservice suppliers areunable toreach anagreement settling thedispute, thelatter shall
besubjected tothedispute settlement procedure which willbeadministered bytheregulatory body
forthetelecommunications market.S/NGBT/W/12/Add.25/Rev.1
Page 8
3. Universal service
Theregulatory body forthetelecommunications market willadminister anyuniversal service
obligation inatransparent, non-discriminatory andneutral manner.
4. Public availability oflicence granting criteria
Theregulatory body willgrant concessions subject tocompliance with therequirements and
formalities established bythelaws andregulations inforce. Concessions willbeawarded bypublic
tender, where there arerestrictions onfrequency availability orthenumber ofconcessionaires, and
inaccordance with thenational frequency allocation plan.
5. Independence oftheregulator
Thebodyresponsibleforregulatingmarketcompetitionwillhavetechnical,functional,economic
andadministrative autonomy. Itsgoverning council willbethesupreme authority andwillconsist
ofmembers nominated bytheState, bytheusers andbytheoperators. Themembers ofthegoverning
council willhave afixed term ofoffice which willbeirrevocable andmay notbedelegated; theywill
perform their duties diligently andindependently, using their own judgement. Their procedures and
decisions willbeimpartial with respect toalltheparticipants inthetelecommunications market.
Theregulatorybodywillbeempoweredtoestablishrules,takecorrectiveaction,imposepenalties
andsettle disputes between operators intheareas ofcompetition, tariffs, interconnection, accounting
rates, supervision ofquality andexpansion, customer care, universal service, andother powers which
may bedelegated toit,such asgranting concessions andadministering theradio spectrum.
6. Allocation anduseofscarce resources
Any procedure forallocating scarce resources, including frequencies, numbering andrights
ofway, willbepublic andtreated inatransparent andnon-discriminatory fashion.