PERU: The Ministry of Transport and Communications (MTC) has published the List of brand and model of mobile terminal equipment whose approval certificates have been canceled


MTC: “In compliance with the provisions of the Second Transitory Complementary Provision of Supreme Decree N° 019-2019-MTC, as amended by the Fourth Supplementary Modifying Provision of Supreme Decree N° 038-2019-MTC, the MTC publishes the brand and model relationship of the mobile terminal equipment whose approval certificates have been canceled”.

You can download PDF file related to Canceled Certificates in the MTC link: https://bit.ly/2A88MrX

Background:

Recall that the MTC made some changes to the Specific Regulation of Homologation of Telecommunications Equipment and Apparatus, approved by Supreme Decree No. 001-2006-MTC. Two Supreme Decrees were issued that modify it (see attachments): D.S. N ° 019-2019-MTC (June 2019), and the D.S. N ° 038-2019-MTC (December 2019). You can check more details in our publication: https://c-teitel.com/new-conditions-cell-phone-peru/

D.S. N ° 038-2019-MTC delimits the scope of the exigency of equipment approval requirements, referring to the functionality of Cell Broadcasting Service (CBS) and the presentation of the copy of the certificate or document that records the specific absorption rate (SAR); and, details are made regarding the application of exceptions to obtaining the definitive internment permit, as well as the validity and cancellation of approval certificates issued prior to DS N ° 019-2019-MTC. The list was not released on April 5, 2020 due to COVID-19 quarantine, so it was released on June 24, 2020.

(Content extract) ARTICLE FOURTH Supplementary Modifying Provision: Modification of the First Final Complementary Provision and the Second Transitional Supplementary Provision of Supreme Decree N° 019-2019-MTC, Supreme Decree amending various articles of the Specific Regulations for the Approval of Telecommunications Equipment and Apparatus, approved by Decree Supreme N° 001-2006-MTC:

Second Transitory Supplementary Provision. Validity of approval certificates issued prior to the standard:

Certificates of approval of mobile terminal equipment issued before the entry into force of this provision and that do not have a TAC number assigned by the GSMA to the brand and model of the equipment, are valid until April 5, 2020, then of that period are automatically canceled.

The validity of these certificates until April 5, 2020 is only for the purpose of allowing the operation of the equipment that is operating in the networks and cannot be used to enter equipment into the country or obtain the internment permit.

Internment permit is not granted to:

a) Mobile terminal equipment that does not have a TAC number assigned by the GSMA to the equipment brand and model.

b) Mobile terminal equipment, whose approval certificates are canceled as of April 5, 2020.

c) Cell phones that do not have the functionality of Cell Broadcast that allows it to be configured with the parameters of the SISMATE, even if they have approval certificates issued prior to the entry into force of this provision.

Certificates of approval of cell phones issued before the entry into force of this provision and that do not have the functionality of Cell Broadcast Service (CBS) that allows them to be configured with the parameters of SISMATE, are only valid to allow the operation of said equipment in mobile networks, but not to enable their entry into the country or obtain an internment permit. In order to continue operating, these equipment must have a TAC number assigned by the GSMA to the equipment brand and model.

The provisions of the preceding paragraph constitute a case of exclusion for the purposes of registering the terminal equipment on the White List referred to in subparagraph b) of paragraph 5.2 of article 5 of the Regulation of Legislative Decree N° 1338. Legislative Decree that creates the National Registry of Mobile Terminal Equipment for Security, aimed at preventing and combating illegal trade in mobile terminal equipment and strengthening citizen security, approved by Supreme Decree N° 007-2019-IN. The MTC publishes the brand and model relationship of mobile terminal equipment whose approval certificates are canceled as of April 5, 2020 and the brand and model relationship of cell phones that have approval certificates and that do not have the functionality of Cell Broadcast that allows them to be configured with the parameters of the SISMATE.

MTC – RegulationsLinks
D.S. N° 001-2006-MTC
“Aprueban Reglamento Especifico de Homologacion de Equipos y Aparatos de Telecomunicaciones”
https://www.gob.pe/institucion/mtc/normas-legales/314023-001-2006-mtc
D.S. N° 019-2019-MTC
“Modifica diversos artículos del Reglamento Específico de Homologación de Equipos y Aparatos de Telecomunicaciones aprobado por Decreto Supremo N° 001-2006-MTC”
https://www.gob.pe/institucion/mtc/normas-legales/308385-019-2019-mtc
D.S. N° 038-2019-MTC
“Modifica el Marco Normativo General del Sistema de Comunicaciones en Emergencias aprobado por Decreto Supremo N° 051-2010-MTC y el Plan Técnico Fundamental de Numeración aprobado por Resolución Suprema N° 022-2002-MTC”
https://www.gob.pe/institucion/mtc/normas-legales/391670-038-2019-mtc

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