OSIPTEL orders sharing of electrical infrastructure for broadband in the north

The Supervisory Agency for Private Investment in Telecommunications (OSIPTEL) approved the infrastructure sharing mandate between Redes de Fibra del Perú S.R.L. (RDFP) and the Empresa Regional de Servicio Público de Electricidad del Norte S.A. (ENSA), through Resolution No. 000112-2026-CD/OSIPTEL, issued in San Borja on September 8, 2026. The regulation was published in the Legal Norms section of the official newspaper El Peruano on Saturday, September 12, 2026, on page 30.

The mandate, processed under File No. 00015-2026-CD-DPRC/MC, is based on Law No. 29904, the Law for the Promotion of Broadband and Construction of the National Fiber Optic Backbone Network, and Report No. 000181-2026-DPRC/OSIPTEL, prepared by the Directorate of Regulatory Policies and Competition. The resolution was signed by the executive president of the Board of Directors, Rafael Eduardo Muente Schwarz.

Legal framework and procedure

Law No. 29904 declares the access and use of infrastructure associated with the provision of public electricity and hydrocarbon services, including co-location, as a matter of public necessity and national interest, in order to facilitate the deployment of telecommunications networks for the provision of fixed or mobile broadband. Article 13 of the same law obliges electricity concessionaires to provide access and use of their infrastructure to telecommunications operators, and Article 32 charges OSIPTEL with ensuring its compliance.

The procedure is framed within Board Resolution No. 00026-2015-CD/OSIPTEL, which approved the applicable procedure for the issuance of sharing mandates, and Resolution No. 00079-2024-CD/OSIPTEL, which established the procedural norm for mandates.

Timeline of the process

The request from RDFP was submitted via Letter GL/RDFP-25-2026, received on May 15 and corrected on May 27, 2026. OSIPTEL forwarded the petition to ENSA on June 2, which submitted its position on June 9. The draft mandate was approved by Resolution No. 00096-2026-CD/OSIPTEL, notified to the parties on July 31, 2026, and the final mandate was adopted in the Board of Directors session on September 3, 2026, through Agreement No. 1087/5223/2026.

• May 15, 2026: submission of the request by RDFP.
• June 2, 2026: forwarding of the request to ENSA.
• July 31, 2026: approval and notification of the draft mandate.
• September 3, 2026: adoption of the final mandate by the Board of Directors.

Validity and scope

Pursuant to Article 2 of the resolution, the sharing mandate enters into force the day following its publication in the official gazette El Peruano, that is, on September 13, 2026. Article 3 charges the Office of Administration and Finance with the notification of the resolution and the report containing the mandate to both companies, and Article 4 provides for its publication on the digital headquarters of OSIPTEL (www.gob.pe/osiptel).

The measure will allow Redes de Fibra del Perú to deploy its telecommunications network over the electrical infrastructure of ENSA, which operates in the north of the country, reducing costs and accelerating broadband connectivity in a region where access to telecommunications services remains a challenge.

Impact for readers

The decision by OSIPTEL constitutes a concrete step toward closing the digital divide in northern Peru, by allowing a fiber optic operator to leverage existing electrical infrastructure instead of building its own. For users, this translates into greater coverage and the possibility of accessing fixed and mobile broadband services in areas where they previously did not reach, in line with the objectives of Law No. 29904.

Source: El Peruano, No. 19515, Saturday, September 12, 2026, Legal Norms section, p. 30 (official reference: Resolution No. 000112-2026-CD/OSIPTEL).