Written by Alonso Aquino – Associate, Peru
As Latin American economies compete to modernise critical infrastructure and attract foreign capital, Peru is taking a major step forward with new regulations aimed at accelerating the deployment of 5G technology and closing its digital connectivity gap. With a focus on reducing red tape, streamlining access to radioelectric spectrum, and supporting innovative infrastructure projects, the Peruvian government is laying the groundwork for a more connected and competitive future. These reforms not only open the door for advanced telecommunications services—they also create 5G investment opportunities in Peru for foreign investors, particularly in sectors like mining and METS, where reliable high-speed connectivity is key to unlocking operational efficiency and innovation.
Key context
Since 2021, the Peruvian government has been working to promote the implementation of 5G technology within its telecommunications sector—though progress to date has been limited. Peru remains one of the countries in Latin America with the lowest allocation of radioelectric spectrum for these purposes. However, the recent enactment of Legislative Decree No. 1627 and its accompanying regulations represents a significant shift, introducing a more agile and dynamic procedure for granting spectrum concessions. This new framework is designed to accelerate the nationwide rollout of 5G services, particularly in regions that have historically lagged behind in connectivity.
In parallel, Legislative Decree No. 1599 and its regulations seek to address the broader infrastructure and access gap by granting regulatory incentives to companies that propose telecommunications projects in designated zones for experimentation or development, as identified by the Ministry of Transportation and Communications (MTC). These measures aim to reduce bureaucratic hurdles, encourage innovation, and expand mobile and broadband services across the country.
Main features of the special procedure assigning radioelectric spectrum for services using 5G technology.
- MTC will identify the frequency bands that will be subject of the special procedure. For this, economic and technical research will be done considering the amount of free radio spectrum that can be subject of assignation and costs and expenses of migration processes of affected telecommunications services, among other criteria.
- Selected frequency bands must already be channeled for public telecommunications services as described in the National Plan of Frequency Assignation (PNAF) and Channelization Plan for Telecommunication Services. Any reserves declared that restrict new assignments must be lifted prior to the call for proposals. Concession holders can voluntarily access a conditioning procedure as the special procedure may modify pre-existing assignments of the selected frequency band.
- The special procedure starts when the MTC publish the call for proposals in the Peruvian official gazette and its website. Interested firms must file their proposal considering the requirements, schedule, mandatory investment commitments and migration obligations described in the call for proposals, including the issuance of a letter of guarantee (L/G) to verify the validity and seriousness of its participation in the special procedure.
- Disqualification may be subject to a challenge and an appeal, if required.
- The location of the assignments on radioelectric spectrum to be granted to qualified firms and concession holders subject to conditioning procedure, will be determined through an auction.
The call for proposals will set forth the auction rules and minimal additional commitments to be considered for the preference in location of the assignments to be granted.
After the conclusion of the special procedure, if frequency bands are still available, MTC could allow their usage for private 5G technology or higher networks prior modification in the PNAF.
To date, a call for proposals has been published and set forth between May 7th 2025 and June 3rd 2025 as the period to file proposals.
Main features of regulatory easing and exemptions regime for projects
- At least once per year, the MTC publishes, by digital means, a call for applications for projects to be implemented in a specific geographic area for a limited time. Such publication set forth the term for reception of applications and the key indicators to be evaluated.
- MTC can formulate observations to the application before its admission. Once admitted, the project owner must file a plan of implementation, proposed performance indicators, identification and mitigations of risks, information recollection mechanisms and an exit plan. In response, the MTC will make a proposal for the specific regulatory easing and exemptions to be granted.
- The term of regime for the implementation of the project can be up to 24 months. Subsequently, a single renewal for up to 18 additional months is allowed.
- The MTC is prohibited to grant regulatory easing and exemptions that affect the commitments undertaken by the project holder by statutes grating benefits related to the payment of economic obligations of providers of telecommunications services, agreements with public entities, frequency band rearrangement and renewal of telecommunications services concessions.
- After the adequate implementation of the exit plan, the project holder may require the MTC to issue an affidavit of regulatory compliance, stating that the project complies with the current regulation if operated under the same conditions set forth within the regime.
- Finally, a percentage of the payments made for the concession may be destined for infrastructure expansion or technological improvement of rural areas. Such benefit can also be requested by the holder of a concession for public mobile telecommunication services.
What does this mean for the mining and METS industries?
The implementation of these regulatory measures marks a significant step toward creating 5G investment opportunities in Peru and accelerating digital connectivity across Peru, particularly in remote and underserved regions where mining operations are often located. For the Mining and METS sectors, enhanced access to 5G spectrum and streamlined approval processes mean faster deployment of critical technologies such as autonomous equipment, remote monitoring systems, and real-time data analytics. The new special procedure for assigning radioelectric spectrum reduces red tape and offers a clearer, more agile path for deploying private networks tailored to mining environments. Simultaneously, the regulatory easing framework supports pilot infrastructure projects with temporary exemptions, making it easier for tech providers to test and scale innovative connectivity solutions. Together, these changes open the door for mining companies and their technology partners to drive efficiency, safety, and productivity through next-generation telecommunications infrastructure.
Conclusion
These regulatory developments reflect Peru’s strategic commitment to bridging the digital divide and fostering innovation in key industries like mining. By enabling faster, more flexible access to 5G infrastructure and lowering the regulatory burden for connectivity projects, the government is paving the way for Mining and METS companies to adopt cutting-edge technologies that enhance operational performance and sustainability. For foreign investors and service providers, this creates a timely opportunity to be part of Peru’s digital transformation—while supporting the growth of one of the country’s most critical economic sectors.
If your company is considering 5G investment opportunities in Peru or generally exploring investment opportunities in Peru’s mining and infrastructure landscape, our team can help you navigate the regulatory framework and identify strategic entry points. Get in touch to learn how we can support your next move in the region.
Harris Gomez Group METS Lawyers ® opened its doors in 1997 as an Australian legal and commercial firm. In 2001, we expanded our practice to the international market with the establishment of our office in Santiago, Chile. This international expansion meant that as an English speaking law firm we could provide an essential bridge for Australian companies with interests and activities in Latin America, and to provide legal advice in Chile, Peru and the rest of Latin America. In opening this office, HGG became the first Australian law firm with an office in Latin America.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create a solicitor-client relationship, and readers should seek independent legal advice for their specific circumstances. Harris Gomez Group accepts no liability for reliance on this content.