Osiptel forces SEAL to share its electrical network with REDTELSUR

The Supervisory Agency for Private Investment in Telecommunications (Osiptel) approved the infrastructure sharing mandate that obligates the Sociedad Eléctrica del Sur Oeste S.A. (SEAL) to grant access and use of its electrical infrastructure to the Red en Telecomunicaciones del Sur S.C.R.L. (REDTELSUR), in order to facilitate the deployment of broadband networks in the south of the country. The decision was adopted through Resolution No. 000109-2026-CD/OSIPTEL, dated September 2, 2026, published in the Legal Norms section of the Official Gazette El Peruano on Wednesday, September 9, 2026, and comes into force the day after its publication.

The mandate is framed within Law No. 29904, the Law for the Promotion of Broadband and Construction of the National Fiber Optic Backbone Network, which declares the access and use of infrastructure associated with public electricity and hydrocarbon services, including co-location, as a matter of public necessity and national interest to facilitate the deployment of telecommunications networks. The procedure is based on Report No. 174-2026-DPRC/OSIPTEL, prepared by the Directorate of Regulatory Policies and Competition, and corresponds to File No. 00017-2026-CD-DPRC/MC.

Background of the procedure

The request was submitted by REDTELSUR on February 26, 2026, after failing to reach an agreement with SEAL within the period of thirty (30) business days established by the Regulations of Law No. 29904, approved by Supreme Decree No. 014-2013-MTC. The draft mandate was approved through Resolution No. 095-2026-CD/OSIPTEL, notified to the parties on July 31, 2026, granting a period of ten (10) calendar days for comments and extending the period for the issuance of the final mandate by thirty (30) days.

During the process, the following actions were recorded:

• SEAL submitted comments via Letter SEAL OP/DI-0386-2026, received on June 12, 2026, and Letter SEAL OP/DI-0494-2026, received on August 10, 2026.
• REDTELSUR submitted its response via a written document received on July 2, 2026, supplemented by documents submitted on July 5 and 6, 2026.
• The mandate was adopted by the Board of Directors of Osiptel in its session on August 28, 2026, through Agreement No. 1086/5219/2026.

Content and scope of the mandate

The resolution approves the infrastructure sharing mandate between REDTELSUR and SEAL under the terms contained in the annex of Report No. 174-2026-DPRC/OSIPTEL, which forms an integral part of the regulation. The mandate obligates SEAL, as a concessionaire of public electricity services, to provide access and use of its infrastructure to the telecommunications operator for the deployment of networks necessary for the provision of fixed or mobile broadband.

The resolution, signed by the executive president of Osiptel, Rafael Eduardo Muente Schwarz, provides for the notification of the mandate to both companies and its publication on the organization’s digital site (www.gob.pe/osiptel) and in the Official Gazette El Peruano.

Impact on connectivity in the south

The measure constitutes a milestone in the application of Law No. 29904, as it materializes Osiptel’s authority to issue sharing mandates when the parties fail to reach an agreement, in line with Article 32 of said law and with Board Resolution No. 079-2024-CD/OSIPTEL, which regulates the procedure for issuing mandates. By guaranteeing REDTELSUR access to SEAL’s electrical infrastructure, the duplication of investments is reduced and the deployment of broadband in the south of the country is accelerated, benefiting homes and businesses in the region.

Source: Official Gazette El Peruano, Wednesday, September 9, 2026, Legal Norms section, pgs. 18-20 (official reference: Resolution No. 000109-2026-CD/OSIPTEL).