📋 Tender Overview
The Supervisory Agency for Private Investment in Telecommunications OSIPTEL successfully implemented the regulatory impact analysis system AIR and has been applying it in almost all its regulations since 2018 according to the final report of the evaluation of the progress of recommendations on the institutional performance of the Peruvian telecommunications regulator prepared by the Organization for Economic Cooperation and Development OECD.According to the OECD OSIPTEL approved guidelines and the AIR manual in 2018 and implemented it in most of its new regulations. It should be noted that the notion of regulatory quality states that regulations must follow the key principles of public consultation transparency accountability and data-driven decision-making. Thus by the end of 2022 OSIPTEL had issued 83 standards under the AIR approach.Following the best practices and recommendations of international organizations such as the OECD in 2018 we approved the regulatory quality guidelines which establish the prior analysis of the issuance of a standard and thereby ensure its positive impact said OSIPTELs executive president Rafael Muente Schwarz.According to the OECD report the Peruvian regulator is working to improve the implementation of ex-post reviews. OSIPTEL established the Ex Post Review Commission ... and prepared a calendar for the next revisions during the period between 2021 and 2023 the document of the international organization states.In this regard Muente indicated that the AIR also establishes an ex-post review in order to determine whether the established regulation fulfilled its purpose. The ex post regulatory review of the regulations implemented by OSIPTEL shows positive results for both the market and users he said.As an example he said that the measure implemented to regulate the pay television service on commercialization of decoders and permanence periods to finance installation and equipment generated an estimated saving of S 269 million for users from May 2018 to June 2021. Likewise between January 2021 and June 2022 the special rules for the fixed internet access service of Telefnica del Per generated a social benefit of around S 21 million per year product of cancellations migrations and temporary suspensions as well as the indirect effect on competitive intensity.He also said that in 2018 OSIPTEL adopted extraordinary measures to expedite the claims procedure in the face of the congestion of procedures in the first and second instance as well as to deal with claims filed in procedural bad faith. The ex post evaluation determined positive effects of the extraordinary measures in the three years of implementation avoiding unnecessary procedures arising from procedural bad faith in an amount of at least 3.49 million claims in the first instance and 0.63 million files in the second instance which has generated a saving in social costs of S 99.5 million.Highlight actions for the benefit of usersThe OECD described as successful the reduction in the backlog of user complaints found in the 2018 assessment. OSIPTEL adjusted its regulations and generated a guide to eliminate loopholes and perverse incentives in the process of handling complaints reduce their number and response times and establish organizational changes to reduce the large backlog of claims to be addressed it says.He also stressed that OSIPTEL has reactivated the operation of a user council which serves as an important mechanism for approaching the user and can now be integrated into the regulatory decision-making process.OSIPTEL is the first Peruvian regulator to undergo the OECD evaluation under the PAFER methodology Framework for the Evaluation of the Performance of Economic Regulators of the OECD and the first to request its reevaluation.This important initiative is part of the permanent search for continuous improvement in the management of OSIPTEL in order to achieve what the OECD considers a world-class regulator. In addition it is aligned with Perus efforts to achieve its adhesion to this international organization concluded the executive president of OSIPTEL.As a result of the evaluation the OECD has established recommendations related to the development and permanent communication on the role of the regulator the search for innovative approaches to the design and issuance of standards issues related to user satisfaction monitoring of service quality among other aspects that will contribute to improving the performance of OSIPTEL compared to international best practices.
