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New Duct Law's Regulation And Technical Rule

Author:Mr Alfonso Silva

On April 23, 2018, Supreme Decree 167 of the Ministry of Transportation and Telecommunications (dated September 15, 2016), which regulates the ways and conditions to guarantee the freedom of choice in the contracting and receiving of telecommunications services in private estates, buildings and co-owned real estate (the "Regulation"), was published. Also, on April 27, 2018, Exempt Resolution 766 of Subtel (the Undersecretary of Telecommunications), which establishes the technical rule of the Regulation (the "Technical Rule"), was published.

The publication of both regulations is intended to enforce and apply the provisions of Law No. 20,808, which protects the freedom of choice of cable, internet and telephone services, also known as "Duct Law", by establishing the minimal conditions of construction and design that allow for free access to telecommunications services by owners or lessees of units in private estates or building projects, formed by multiple alienable or of exclusive ownership units, whether or not subject to the real estate co-ownership regime (such as buildings and condominiums), and by units in existing buildings.

Both regulations combine established regulatory and technical standards so the units located in the abovementioned projects may support multiple services from multiple telecommunications operators, in optimal quality and continuity conditions, allowing users to freely choose between them and, in the case of existing buildings or condominiums, their owners or lessees may choose between two or more operators. Thus, the main regulated matters may be summarized as follows:

Registry of Real Estate Projects: The Regulation requires the creation of a new web-based real estate project registry that telecommunications service providers can access for detailed information that will allow them to expand their networks to new users. Compliance with this registration will be a requirement for the municipal final approval of projects. Telecommunications Project: The regulations establish that real estate projects must include a telecommunications plan, that includes the design and construction of, "the necessary capacity for multiple telecommunications operators to provide their services to the relevant units of the private estate or building, under equal conditions...". The plan must be verified by an authorized telecommunications planner, who will issue a report regarding the installations once the works are completed...

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